.311 Unlawful acts by minors relating to purchase or receipt of tobacco -- Penalty -- Issuance of uniform citation.
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438.311 Unlawful acts by minors relating to purchase or receipt of tobacco --
Penalty -- Issuance of uniform citation.
(1)
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.
(2)
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.
(3)
This offense shall be deemed a status offense and shall be under the jurisdiction of
the juvenile session of the District Court.
(4)
All peace officers with general law enforcement authority and employees of the
Office 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 12, 2006
History: 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.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.
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