76-9-1104. Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor.
(1) As used in this section, "provides": includes selling, giving, furnishing, sending, or causing to be sent; and does not include the acts: of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others; or of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's content. Terms defined in Sectionsandapply to this section. 76-1-101.5 76-9-1101
(2) Except as provided in Subsection (4), an actor commits providing a cigar, cigarette, electronic cigarette product, nicotine product, or tobacco to a minor if the actor knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old.
(3) A violation of Subsectionis: (2) a class C misdemeanor on the first offense; a class B misdemeanor on the second offense; or a class A misdemeanor on the third or subsequent offense.
(4) This section does not apply to conduct of an employee of a tobacco retailer that is a violation of Section. 76-9-1116