Current through the 2024 Fourth Special Session
Section 76-10-105 - Buying or possessing a tobacco product or an electronic cigarette product by a minor - Penalty - Compliance officer authority - Juvenile court jurisdiction(1) An individual who is 18 years old or older, but younger than 21 years old, and who buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an electronic cigarette product, or a nicotine product is: (a) guilty of an infraction; and(b) subject to: (i) a minimum fine or penalty of $60; and(ii) participation in a court-approved tobacco education or cessation program, which may include a participation fee.(2)(a) An individual who is under 18 years old and who buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an electronic cigarette product, or a nicotine product is subject to a citation under Section 80-6-302, unless the violation is committed on school property under Section 53G-8-211.(b) If a violation under this section is adjudicated under Section 80-6-701, the minor may be subject to the following:(i) a fine or penalty, in accordance with Section 80-6-709; and(ii) participation in a court-approved tobacco education program, which may include a participation fee.(3)(a) A compliance officer appointed by a board of education under Section 53G-4-402 may not issue a citation for a violation of this section committed on school property.(b) A cited violation committed on school property shall be addressed in accordance with Section 53G-8-211.Amended by Chapter 262, 2021 General Session ,§ 83, eff. 9/1/2021.Amended by Chapter 347, 2020 General Session ,§ 45, eff. 7/1/2020.Amended by Chapter 312, 2020 General Session ,§ 3, eff. 7/1/2020.Amended by Chapter 302, 2020 General Session ,§ 24, eff. 7/1/2020.Amended by Chapter 214, 2020 General Session ,§ 67, eff. 7/1/2020, coordinating clause.Amended by Chapter 415, 2018 General Session ,§ 115, eff. 3/22/2018.Amended by Chapter 330, 2017 General Session ,§ 44, eff. 8/1/2017.Amended by Chapter 114, 2010 General Session.