|
(c) The following are affirmative defenses to a charge under subsection (a)(1) of this section:
<br />(1) T -he A child was accompanied by a parent, spouse who is eighteen twenty-one years of
<br />age or older, or legal guardian of the child.
<br />(2) The person who gave, sold, or distributed cigarettes, electronic cigarettes, other tobacco
<br />products, alternative nicotine products, or papers used to roll cigarettes to a child under
<br />subsection (b)(1) of this section is a parent, spouse who is eighteen twenty-one years of age or
<br />older, or legal guardian of the child.
<br />(d) It is not a violation of subsection (a)(1) or (2) of this section for a person to give or
<br />otherwise distribute to a child cigarettes, electronic cigarettes other tobacco products, alternative
<br />nicotine products, or papers used to roll cigarettes while the child is participating in a research
<br />protocol if all of the following apply:
<br />(1) The parent, guardian, or legal custodian of the child has consented in writing to the child
<br />participating in the research protocol.
<br />(2) An institutional human subjects protection review board, or an equivalent entity, has
<br />approved the research protocol.
<br />(3) The child is participating in the research protocol at the facility or location specified in
<br />the research protocol.
<br />(e) (1) Whoever violates subsection (a)(1), (2), (4), (5), (6), (7) or (b) of this section is guilty
<br />of illegal distribution of cigarettes, electronic cigarettes, other tobacco products, or alternative
<br />nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes,
<br />electronic cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of
<br />the fourth degree. If the offender previously has been convicted of a violation of subsection
<br />(a)(1), (2), (4), (5), (6), (7) or (b) of this section, illegal distribution of cigarettes, electronic
<br />cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third
<br />degree.
<br />(2) Whoever violates subsection (a)(3) of this section is guilty of permitting men
<br />persons under the age of twenty-one years to use cigarettes, electronic cigarettes, other
<br />tobacco products, or alternative nicotine products. Except as otherwise provided in this division,
<br />permitting persons under the age of twenty-one years ehildren to use cigarettes, other tobacco
<br />products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender
<br />previously has been convicted of a violation of subsection (a)(3) of this section, permitting
<br />ehildr-en persons under the age of twenty-one years to use cigarettes, electronic cigarettes,
<br />other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
<br />(f) Any cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products,
<br />or papers used to roll cigarettes that are given, sold, or otherwise distributed to any ehild
<br />individual in violation of this section and that are used, possessed, purchased, or received by an
<br />e-h-ild individual in violation of Chapter 557 of the Codified Ordinance of the City of North
<br />
|