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537.17 GENERAL OFFENSES CODE 102B <br />B. The vending machine is inaccessible to the public when the place is <br />closed. <br />(d) The following are affirmative defenses to a charge under subsection (b)(1) of this <br />section: <br />(1) The child was accompanied by a parent, spouse who is eighteen years of <br />age or older, or legal guardian of the child. <br />(2) The ,person who gave, sold, or distributed cigarettes, other tobacco <br />products, or papers used to roll cigarettes to a child under subsection (b)(1) <br />of this section is a parent, spouse who is eighteen years of age or older, or <br />legal guardian of the child. <br />(e) It is not a violation of subsection (b)(1) or (2) of this section for a person to give <br />or otherwise distribute to a child cigarettes, other tobacco products, or papers used to roll <br />cigarettes while the child is participating in a research protocol if all of the following apply: <br />(1) The parent, guardian, or legal custodian of the child has consented in <br />writing to the child participating in the research protocol. <br />(2) An institutional human subjects protection review board, or an equivalent <br />entity, has approved the research protocol. <br />(3) The child is participating in the research protocol at the facility or location <br />specified in the research protocol. <br />(f) (1) Whoever violates subsection (b)(1) or (2) or (c) of this section is guilty of <br />illegal distribution of cigarettes or other tobacco products, a misdemeanor <br />of the fourth degree. If the offender previously has been convicted of a <br />violation of subsection (b)(1) or (2) or (c) of this section, illegal distribution <br />of cigarettes or other tobacco products is a misdemeanor of the third <br />degree. <br />(2) Whoever violates subsection (b)(3) of this section is guilty of permitting <br />children to use cigarettes or other tobacco products, a misdemeanor of the <br />fourth degree. If the offender previously has been convicted of a violation <br />of subsection (b)(3) of this section, permitting children to use cigarettes or <br />other tobacco products is a misdemeanor of the third degree. <br />(g) Any cigarettes, other tobacco products, or papers used to roll cigarettes that are <br />given, sold, or otherwise distributed to a child in violation of this section and that are used, <br />possessed, purchased, or received by a child in violation of Ohio R.C. 2151.87 are subject to <br />seizure and forfeiture as contraband under Ohio R.C. 2933.42 and 2933.43. (ORC 2927.02) <br />537.17 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A <br />CHILD. <br />(a) No person, including a parent, guardian or other custodian of a child, shall do any <br />of the following: <br />(1) Aid, abet, induce, cause., encourage or contribute to a child or a ward of the <br />juvenile court becoming an unruly child as defined in Ohio R.C. 2151.022, <br />or a delinquent child as defined in Ohio R.C. 2152.02. <br />(2) Act in a way tending to cause a child or a ward of the juvenile court to <br />become an unruly child as defined in Ohio R.C. 2151.022 or a delinquent <br />child as defined in Ohio R.C. 2152.02. <br />2003 Replacement <br />