Title 39, Criminal Offenses

(a) Every person who sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail shall post conspicuously and keep so posted at the place of business a sign, no smaller than ninety-three and one-half (93½) square inches, to ensure that it is likely to be…

(a) It is unlawful for a person to sell smoking hemp and hemp derived cannabinoid products through a vending machine. It is unlawful for a person to sell tobacco, vapor products, or smokeless nicotine products through a vending machine unless the vending machine is located in any…

It is unlawful for any person to sell cigarettes or smokeless tobacco products except in the original, sealed package in which they were placed by the manufacturer that bears the health warning required by federal law.

(a) The department shall enforce this part in a manner that may reasonably be expected to reduce the extent to which tobacco, vapor products, or smokeless nicotine products are sold or distributed to persons under twenty-one (21) years of age, and shall conduct random, unannounce…

A person who violates § 39-17-1504, § 39-17-1506, § 39-17-1507, or § 39-17-1508 commits a Class C misdemeanor.

(a) For the purpose of this section:(1) “Counter” means the point of purchase at a retail establishment;(2) “Retail establishment” means a place of business open to the general public for the sale of goods or services; and(3) “Smoking paraphernalia” means:(A) A cigarette holder;(…

(a) As used in this section, “liquid nicotine container”:(1) Means a bottle or other container that contains liquid nicotine or any other substance containing nicotine, where the liquid or other substance is sold, marketed, or intended for use in a vapor product; and(2) Does not …

The department of agriculture is urged to study the effects of the sale and distribution of vapor products to persons under twenty-one (21) years of age and is encouraged to make recommendations to the legislature with regard to reducing such sale and distribution.

(a) The general assembly preempts and occupies the entire field of legislation concerning the regulation of tobacco products, smokeless nicotine products, and vapor products. Any law or regulation of tobacco products enacted or promulgated after March 15, 1994, or vapor products …

This part shall be known and may be cited as the “Children's Act for Clean Indoor Air.”

It is the intention of the general assembly that this part reduce the extent to which children are exposed to environmental tobacco smoke in facilities where children's services are provided.

(1) As used in this part, unless the context otherwise requires:(1) “Children” means individuals who have not attained eighteen (18) years of age;(2) “Community center” means any center operated by any city or county government that is used for children's activities;(3) “Day care…

(1) Smoking or the use of vapor products is not permitted, and no person shall smoke or use vapor products, in the following places:(1) Child care centers; provided, that the prohibition of this section does not apply to child care services provided in a private home. Adult staff…

(a) “No Smoking” signs, or the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained on each main building entrance where smoking is reg…

(a) An institution violating this part or failing to take reasonable measures to enforce this part commits a Class B misdemeanor, punishable only by a fine not to exceed five hundred dollars ($500). (b) Any law enforcement officer may issue a citation regarding a violation of thi…

This part shall be known and may be cited as the “Child Curfew Act of 1995.”

(a) It is unlawful for any minor between seventeen (17) and eighteen (18) years of age to remain in or upon any public street, highway, park, vacant lot, establishment or other public place within the county during the following time frames:(1) Monday through Thursday between the…

(a) This part shall apply upon the adoption of a resolution or ordinance by a two-thirds (⅔) vote of the appropriate legislative body of any:(1) County having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred nine…

The county legislative body of any county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, is authorized t…

This part shall be known and may be cited as the “Non-Smoker Protection Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Acceptable form of identification” means:(A) A state-issued driver license;(B) A state-issued identification card;(C) A valid passport; or(D) A valid military identification;(2) “Age-restricted venue” means a le…

(a) Smoking is prohibited in all enclosed public places within this state, including, but not limited to, the following places:(1) Aquariums, galleries, libraries, and museums;(2) Areas available to and customarily used by the general public in businesses and nonprofit entities p…

(1) Notwithstanding any other provision of this part to the contrary, the following areas shall be exempt from § 39-17-1803:(1) Age-restricted venues; provided, that an age-restricted venue does not lose the exemption if an employee is:(A) At least sixteen (16) years of age;(B) N…

(a) “No Smoking” signs or the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted at every entrance to every public place and place of emplo…

(a) This part shall be enforced by the department of health in those enclosed public places otherwise regulated by the department. This part shall be enforced by the department of labor and workforce development in those enclosed public places otherwise regulated by the departmen…

(a) A person who knowingly smokes in an area where smoking is prohibited by this part shall be subject only to a civil penalty of fifty dollars ($50.00). (b) A person who owns, manages, operates or otherwise controls any public place where smoking is prohibited pursuant to this p…

The department of health and the department of labor and workforce development shall engage in a continuing program to explain and clarify the purposes and requirements of this part to all persons affected by this part.

The commissioner of health and the commissioner of labor and workforce development shall annually request other governmental and educational agencies to establish local operating procedures in cooperation and compliance with this part.

This part shall not be construed to permit smoking where it is otherwise restricted by other applicable laws.

(a) The department of health, in consultation with the department of labor and workforce development, is authorized to promulgate rules and regulations to effectuate this part. (b) The department of labor and workforce development, in consultation with the department of health, i…

This part shall be liberally construed so as to further its purposes.

This part is known and may be cited as the “Preventing Deepfake Images Act.”

(1) As used in this part:(1) “Consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion;(2) “Deepfakes” means videos, images, or audio files that have been generated or manipulated by artifi…

(a) Except as provided in subsection (d), an individual who is the subject of an intimate digital depiction that is intentionally disclosed without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the indi…

(a) In a civil action filed under this part, an individual may recover any of the following:(1) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the intimate digital depiction;(2) Either of the following:(A) The actual da…

(1) For purposes of this part, a provider of an interactive computer service, as defined in 47 U.S.C. § 230, or an information service or telecommunications service, as defined in 47 U.S.C. § 153, is not liable on account of:(1) Any action voluntarily taken in good faith to restr…

(a) It is an offense to disclose or threaten to disclose or solicit the disclosure of an intimate digital depiction:(1) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or(2) With actual knowled…

This part is known and may be cited as the “Nitrous Oxide Abuse Prevention and Retail Sale Prohibition Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Nitrous oxide” means:(A) N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, nitrogen oxide, or laughing gas; and(B) Any substance containing nitrous oxide; and(2) “Retail seller” mea…

(a) (1) It is unlawful for a retail seller to sell or offer for sale nitrous oxide.(2) A retail seller who violates subdivision (a)(1) is subject to a civil penalty of two thousand five hundred dollars ($2,500) for the first violation and all nitrous oxide sold or offered for sal…

(1) As used in this part, unless the context otherwise requires:(1) “Desecrate” means defacing, damaging, polluting or otherwise physically mistreating in a way that the person knows or should know will outrage the sensibilities of an ordinary individual likely to observe or disc…

(a) A person commits an offense who knowingly participates in a riot. (b) A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of thirty (30) days of incarceration and a…

(a) A person commits an offense who:(1) Knowingly participates in a riot; and(2) (A) Traveled from outside the state with intent to commit a criminal offense;(B) Participates in a riot in exchange for compensation; or(C) As a result of the riot, a person other than one (1) of the…

(a) A person commits an offense who incites or urges three (3) or more persons to create or engage in a riot. (b) A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include an order of restitution for any…

(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:(1) Engages in fighting or in violent or threatening behavior;(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a f…

(a) A person commits an offense if, with the intent to prevent or disrupt a lawful meeting, procession, or gathering, the person substantially obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance. (b) A person commits an offens…