(1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person’s possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C misdemeanor and subject to

(a) a minimum fine or penalty of $60 and

(b) participation in a court approved tobacco education program, which may include a participation fee.

(2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the person’s possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject to the jurisdiction of the Juvenile Court and

(a) a minimum fine or penalty of $60 and

(b) participation in a court approved tobacco education program, which may include a participation fee.

(3) A compliance officer appointed by a board of education under Section 53A 3 402 may issue citations for violations of this section committed on school property. Cited violations shall be reported to the appropriate juvenile court.

Amended by Chapter 114, 2010 General Session

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