76-10-104.1 - Providing tobacco paraphernalia to minors -- Penalties.
76-10-104.1. Providing tobacco paraphernalia to minors -- Penalties.
(1) For purposes of this section:
(a) "Provides":
(i) includes selling, giving, furnishing, sending, or causing to be sent; and
(ii) 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.
(b) "Tobacco paraphernalia":
(i) means any equipment, product, or material used, or intended for use to package,repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a cigar, cigarette, ortobacco in any form into the human body, including:
(A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or withoutscreens, permanent screens, hashish heads, or punctured metal bowls;
(B) water pipes;
(C) carburetion tubes and devices;
(D) smoking and carburetion masks;
(E) roach clips: meaning objects used to hold burning material, such as a cigarette, thathas become too small or too short to be held in the hand;
(F) chamber pipes;
(G) carburetor pipes;
(H) electric pipes;
(I) air-driven pipes;
(J) chillums;
(K) bongs; and
(L) ice pipes or chillers; and
(ii) does not include matches or lighters.
(2) Any person who knowingly, intentionally, recklessly, or with criminal negligenceprovides any tobacco paraphernalia to any person under 19 years of age, is guilty of a class Cmisdemeanor on the first offense and a class B misdemeanor on subsequent offenses.
Enacted by Chapter 316, 2010 General Session