2020 Indiana Code
Title 35. Criminal Law and Procedure
Article 46. Miscellaneous Offenses
Chapter 1. Offenses Against the Family
35-46-1-10. Sale or Distribution of Tobacco, an E-Liquid, or Electronic Cigarettes to a Minor; Defenses
Sec. 10. (a) A person may not be charged with a violation under this section and a violation under IC 7.1-7-6-5.
(b) A person who knowingly:
(1) sells or distributes tobacco, an e-liquid, or an electronic cigarette to a person less than twenty-one (21) years of age; or
(2) purchases tobacco, an e-liquid, or an electronic cigarette for delivery to another person who is less than twenty-one (21) 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, the e-liquid, or the electronic cigarette.
(c) It is not a defense that the person to whom the tobacco, the e-liquid, or electronic cigarette was sold or distributed did not smoke, chew, inhale, or otherwise consume the tobacco, e-liquid, or the electronic cigarette.
(d) The following defenses are available to a person accused of selling or distributing tobacco, an e-liquid, or an electronic cigarette to a person who is less than twenty-one (21) 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 thirty (30) years of age.
(e) It is a defense that the accused person sold or delivered the tobacco, e-liquid, or electronic cigarette to a person who acted in the ordinary course of employment or a business concerning tobacco, an e-liquid, or electronic cigarettes including the following activities:
(1) Agriculture.
(2) Processing.
(3) Transporting.
(4) Wholesaling.
(5) Retailing.
(f) As used in this section, "distribute" means to give tobacco, an e-liquid, or an electronic cigarette to another person as a means of promoting, advertising, or marketing the tobacco, e-liquid, or electronic cigarette to the general public.
(g) Unless the person buys or receives tobacco, an e-liquid, or an electronic cigarette under the direction of a law enforcement officer as part of an enforcement action, a person who sells or distributes tobacco, an e-liquid, or an electronic cigarette is not liable for a violation of this section unless the person less than twenty-one (21) years of age who bought or received the tobacco, e-liquid, or electronic cigarette is issued a citation or summons under section 10.5 of this chapter.
(h) Notwithstanding IC 34-28-5-5(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; P.L.20-2013, SEC.5; P.L.49-2020, SEC.30.
