76-10-104 - Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor -- Penalties.
76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor --Penalties.
(1) Any person who knowingly, intentionally, recklessly, or with criminal negligenceprovides any cigar, cigarette, electronic cigarette, or tobacco in any form, to any person under 19years of age, is guilty of a class C misdemeanor on the first offense, a class B misdemeanor onthe second offense, and a class A misdemeanor on subsequent offenses.
(2) For purposes of this section "provides":
(a) includes selling, giving, furnishing, sending, or causing to be sent; and
(b) does not include the acts of the United States Postal Service or other common carrierwhen engaged in the business of transporting and delivering packages for others or the acts of aperson, whether compensated or not, who transports or delivers a package for another personwithout any reason to know of the package's content.
Amended by Chapter 114, 2010 General Session