2012 Kentucky Revised Statutes CHAPTER 438 OFFENSES AGAINST PUBLIC HEALTH AND SAFETY 438.311 Unlawful acts by minors relating to purchase or receipt of tobacco -- Penalty -- Issuance of uniform citation.
Download as PDF
438.311 Unlawful acts by minors relating to purchase or receipt of tobacco -Penalty -- Issuance of uniform citation.
(1)
(2)
(3)
(4)
Except for the provisions of KRS 438.330, it shall be unlawful for a person who has
not attained the age of eighteen (18) years to purchase or accept receipt of or to
attempt to purchase or accept receipt of a tobacco product, or to present or offer to
any person any purported proof of age which is false, fraudulent, or not actually his
or her own, for the purpose of purchasing or receiving any tobacco product. It shall
not be unlawful for such a person to accept receipt of a tobacco product from a
family member, except if the child has been committed to the custody of the state
under KRS Chapters 600 to 645, or from an employer when required in the
performance of the person's duties.
Violation of this section shall be punishable by a fine of fifty dollars ($50) and
twenty (20) hours of community service work for a first offense within a one (1)
year period, and a fine of two hundred dollars ($200) and forty (40) hours of
community service work for a second or subsequent offense within a one (1) year
period.
This offense shall be deemed a status offense and shall be under the jurisdiction of
the juvenile session of the District Court.
All peace officers with general law enforcement authority and employees of the
Department of Alcoholic Beverage Control may issue a uniform citation, but not
make an arrest or take a child into custody, for a violation of this section. If a child
fails to appear in court in response to a uniform citation issued pursuant to the
section, the court may compel the attendance of the defendant in the manner
specified by law.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1926, effective July 15, 2010. -Amended 2006 Ky. Acts ch. 17, sec. 1, effective July 12, 2006. -- nded 2000 Ky.
Acts ch. 423, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 477,
sec. 1, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 38, sec. 4, effective
March 5, 1996.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
