Buying or possessing a tobacco product or an electronic cigarette product by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
Buying or possessing a tobacco product or an electronic cigarette product by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
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(1) An individual who is 18 years old or older, but younger than 21 years old, and who buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an electronic cigarette product, or a nicotine product is:
(a) guilty of an infraction; and
(b) subject to:
(i) a minimum fine or penalty of $60; and
(ii) participation in a court-approved tobacco education or cessation program, which may include a participation fee.
(2)
(a) An individual who is under 18 years old and who buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an electronic cigarette product, or a nicotine product is subject to a citation under Section 80-6-302, unless the violation is committed on school property under Section 53G-8-211.
(b) If a violation under this section is adjudicated under Section 80-6-701, the minor may be subject to the following:
(i) a fine or penalty, in accordance with Section 80-6-709; and
(ii) participation in a court-approved tobacco education program, which may include a participation fee.
(3)
(a) A compliance officer appointed by a board of education under Section 53G-4-402 may not issue a citation for a violation of this section committed on school property.
(b) A cited violation committed on school property shall be addressed in accordance with Section 53G-8-211.