(a) (1) Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title regarding an individual who is under 18 years old is guilty of a violation and is fined $250 for the first offense, $500 for the second offense, and $1,000 for the third and all subsequent offenses.
(2) Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title regarding an individual who is at least age 18 years old but fewer than 21 years old is subject to a civil penalty as follows:
a. For a first occurrence, fined $250.
b. For a second occurrence, fined $500.
c. For a third or subsequent occurrence, fined $1,000.
(3) a. Notwithstanding any other provision of Delaware law, a person who violates § 1116, § 1118, § 1119, or § 1120 of this title is subject to a civil penalty for selling or distributing any of the following:
1. A tobacco substitute that does not contain nicotine.
2. A tobacco product under paragraph § 1115(9)b. of this title.
b. The civil penalty under paragraph (3)a. of this section is as follows:
1. For a first occurrence, fined $250.
2. For a second occurrence, fined $500.
3. For a third or subsequent occurrence, fined $1,000.
(b) Additionally, and notwithstanding any other provision of Delaware law, in imposing a penalty for a second, third, or other subsequent offense under this subpart, the court may order the Department of Finance to suspend the defendant's license for sale of tobacco products, issued under § 5307 of Title 30, for a period not to exceed 6 months. Upon the suspension of such license, the court shall advise the Department of Finance of the suspension in writing. The holder of the license shall surrender the license to the Department of Finance and no refund of fees will be paid. For purposes of this subpart, a subsequent offense is one that occurs within 12 months of a prior like offense.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Subchapter V. Offenses Relating to Children and Vulnerable Adults
§ 1100. Definitions relating to children.
§ 1100A. Dealing in children; class E felony.
§ 1101. Abandonment of child; class E felony; class F felony.
§ 1102. Endangering the welfare of a child; class A misdemeanor; class E or G felony.
§ 1102A. Abandonment of a baby at a safe haven as defense.
§ 1103. Child abuse in the third degree; class A misdemeanor.
§ 1103A. Child abuse in the second degree; class G felony.
§ 1103B. Child abuse in the first degree; class B felony.
§ 1105. Crime against a vulnerable adult.
§ 1106. Unlawfully dealing with a child; class B misdemeanor.
§ 1107. Endangering children; unclassified misdemeanor.
§ 1108. Sexual exploitation of a child; class B or D felony.
§ 1109. Dealing in child pornography; class B or D felony.
§ 1110. Subsequent convictions of § 1108 or § 1109 of this title; class B felony.
§ 1110A. Exclusion for §1108 and §1109 of this title.
§ 1111. Possession of child pornography; class F felony.
§ 1112. Sexual offenders; prohibitions from school zones.
§ 1112A. Sexual solicitation of a child; class C felony; class B felony.
§ 1112B. Promoting sexual solicitation of a child.
§ 1112C. Enticement for purposes of sexual contact; class F felony.
§ 1113. Criminal nonsupport and aggravated criminal nonsupport.
§ 1114. Body-piercing, tattooing or branding; consent for minors; civil and criminal penalties.
§ 1118. Distribution of samples or coupons.
§ 1119. Distribution of tobacco products or tobacco substitutes through vending machines.
§ 1120. Distribution of tobacco products.
§ 1123. Liability of employer.