Sale or distribution of tobacco to minors; defenses
Sec. 10. (a) A person who knowingly:
(1) sells or distributes tobacco to a person less than eighteen
(18) years of age; or
(2) purchases tobacco for delivery to another person who is less
than eighteen (18) years of age;
commits a Class C infraction. For a sale to take place under this
section, the buyer must pay the seller for the tobacco product.
(b) It is not a defense that the person to whom the tobacco was
sold or distributed did not smoke, chew, or otherwise consume the
tobacco.
(c) The following defenses are available to a person accused of
selling or distributing tobacco to a person who is less than eighteen
(18) years of age:
(1) The buyer or recipient produced a driver's license bearing
the purchaser's or recipient's photograph, showing that the
purchaser or recipient was of legal age to make the purchase.
(2) The buyer or recipient produced a photographic
identification card issued under IC 9-24-16-1, or a similar card
issued under the laws of another state or the federal
government, showing that the purchaser or recipient was of
legal age to make the purchase.
(3) The appearance of the purchaser or recipient was such that
an ordinary prudent person would believe that the purchaser or
recipient was not less than the age that complies with
regulations promulgated by the federal Food and Drug
Administration.
(d) It is a defense that the accused person sold or delivered the
tobacco to a person who acted in the ordinary course of employment
or a business concerning tobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
(e) As used in this section, "distribute" means to give tobacco to
another person as a means of promoting, advertising, or marketing
the tobacco to the general public.
(f) Unless a person buys or receives tobacco under the direction
of a law enforcement officer as part of an enforcement action, a
person who sells or distributes tobacco is not liable for a violation of
this section unless the person less than eighteen (18) years of age
who bought or received the tobacco is issued a citation or summons
under section 10.5 of this chapter.
(g) Notwithstanding IC 34-28-5-4(c), civil penalties collected
under this section must be deposited in the Richard D. Doyle youth
tobacco education and enforcement fund (IC 7.1-6-2-6).
As added by Acts 1980, P.L.209, SEC.1. Amended by P.L.330-1983,
SEC.1; P.L.318-1987, SEC.3; P.L.125-1988, SEC.4; P.L.177-1999,
SEC.10; P.L.1-2001, SEC.37; P.L.204-2001, SEC.65; P.L.252-2003,
SEC.17.
Last modified: May 24, 2006