Sale Or Distribution Of Tobacco Products Or Electronic Smoking Devices To A Minor

TITLE 39 HEALTH AND SAFETY CHAPTER 57 PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES 39-5705. Sale or distribution of tobacco products or electronic smoking devices to a minor. (1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor. (2)  It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor in violation of this section had requested, examined, and reasonably relied upon a photographic identification from such person establishing that the person is at least twenty-one (21) years of age prior to selling such person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under twenty-one (21) years of age prior to the sale of a tobacco product or an electronic smoking device to such person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section.