76-9-1106. Buying or possessing a tobacco product or an electronic cigarette product by a minor.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-9-1101
(2) An actor commits buying or possessing a tobacco product or an electronic cigarette product by a minor if the actor: is younger than 21 years old; and buys or attempts to buy, accepts, or has in the actor's possession a tobacco product, an electronic cigarette product, or a nicotine product.
(3) If the actor is 18 years old or older but younger than 21 years old, a violation of Subsectionis: (2) an infraction; and subject to: a minimum fine or penalty of $60; and participation in a court-approved tobacco education or cessation program, which may include a participation fee. If the actor is under 18 years old, a violation of Subsectionis a citation under Section, unless the violation is committed on school property under Section. (2) 80-6-302 53G-8-211 If a violation under this section is adjudicated under Section, the minor may be subject to the following: 80-6-701 a fine or penalty, in accordance with Section; and 80-6-709 participation in a court-approved tobacco education program, which may include a participation fee.
(4) A compliance officer appointed by a board of education under Sectionmay not issue a citation for a violation of this section committed on school property. 53G-4-402 A cited violation committed on school property shall be addressed in accordance with Section. 53G-8-211