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(1) The parent or legal guardian of the child has consented in writing to the child <br />participating in the research protocol. <br />(2) A review board sanctioned by the appropriate federal or state agency, or an <br />equivalent 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 />(e) (1) Whoever violates division (b)(1) or (3) of this Section is guilty of illegal <br />distribution of Electronic Smoking Devices. Except as otherwise provided in this <br />division, illegal distribution of an Electronic Smoking Device is a misdemeanor of <br />the third degree. If the offender previously has been convicted of a violation of <br />division (b)(1) or (3) of this Section, illegal distribution of Electronic Smoking <br />Device is a misdemeanor of the second degree. <br />(2) Whoever violates division (b)(2) of this Section is guilty of permitting a child <br />to use an Electronic Smoking Device. Except as otherwise provided in this <br />division, permitting a child to use Electronic Smoking is a misdemeanor of the <br />third degree. If the offender previously has been convicted of a violation of <br />division (b)(2) of this Section, permitting a child to use an Electronic Smoking <br />device is a misdemeanor of the second degree. <br />c <br />