39-5703. POSSESSION, DISTRIBUTION, OR USE BY A MINOR. (1) It shall be unlawful for a minor to possess, receive, purchase, use, or consume tobacco products or electronic smoking devices or to attempt any of the foregoing.
(2) It shall be unlawful for a minor to sell or distribute tobacco products or electronic smoking devices or to attempt either of the foregoing.
(3) It shall be unlawful for a minor to provide false identification or make any false statement regarding their age in an attempt to obtain tobacco products or electronic smoking devices.
(4) A minor who is assisting with a random unannounced inspection in accordance with this chapter shall not be in violation of this chapter.
(5) A minor may possess but not sell or distribute tobacco products or electronic smoking devices in the course of employment, for duties such as stocking shelves or carrying purchases to customers’ vehicles.
(6) Penalties for violations by a minor. A violation of subsection (1) of this section by a minor shall constitute an infraction and shall be punishable by a fine of seventeen dollars and fifty cents ($17.50). The first violation of subsection (2) or (3) of this section by a minor shall constitute an infraction and shall be punishable by a fine of two hundred dollars ($200). A subsequent violation of subsection (2) or (3) of this section by a minor shall constitute a misdemeanor and shall be punishable by imprisonment in an appropriate facility not exceeding thirty (30) days, a fine not exceeding three hundred dollars ($300), or both such fine and imprisonment. The court may, in addition to the penalties provided in this section, require the minor and, if the minor is under eighteen (18) years of age, the minor’s parents or legal guardian to attend tobacco product or electronic smoking device awareness programs or to perform community service in programs related to tobacco product or electronic smoking device awareness.
History:
[39-5703, added 1998, ch. 418, sec. 2, p. 1317; am. 2012, ch. 39, sec. 2, p. 119; am. 2015, ch. 158, sec. 1, p. 553; am. 2020, ch. 318, sec. 3, p. 908; am. 2022, ch. 113, sec. 2, p. 418.]
Structure Idaho Code
Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES
Section 39-5701 - LEGISLATIVE FINDINGS AND INTENT.
Section 39-5702 - DEFINITIONS.
Section 39-5703 - POSSESSION, DISTRIBUTION, OR USE BY A MINOR.
Section 39-5704 - PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS.
Section 39-5705 - SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR.
Section 39-5706 - VENDOR-ASSISTED SALES.
Section 39-5707 - OPENED PACKAGES AND SAMPLES.
Section 39-5708 - CIVIL PENALTIES FOR VIOLATIONS OF PERMIT.
Section 39-5709 - CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT.
Section 39-5710 - CONDUCT OF ENFORCEMENT ACTIONS.
Section 39-5712 - SEVERABILITY.
Section 39-5713 - LOCAL ORDINANCES PROHIBITED.
Section 39-5714 - REQUIREMENTS FOR DELIVERY SALES.
Section 39-5715 - AGE VERIFICATION REQUIREMENTS.
Section 39-5716 - DISCLOSURE AND NOTICE REQUIREMENTS.
Section 39-5717 - SHIPPING REQUIREMENTS — TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES.