| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.685

Statute ID: 15019

Statute Function ID: 32466

Sale of Tobacco to Children

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.685

Enactment Date:

May 21, 2014

Effective Date:

Jul 1, 2014

Expiration Date:

Repealed?:

Summary Text:

Sale of Tobacco to Children

Statute ID:

15019

Created:

Jun 16, 2014 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 16, 2014 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended c 291 art 6 s 33; Headnote; Add electonic delivery device to statutes

Summary Text:

Sale of Tobacco to Children

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/685.html

Legislative Session:

2014 - Regular

Session Law Text?:

Statute text last updated on:

Jun 16, 2014

Subd. 1a.   
(a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a misdemeanor.

(b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.

Subd. 2.   
A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver's license, permit, Minnesota identification card, or any type of false identification to misrepresent the person's age shall, only be subject to an alternative civil penalty, in accordance with subdivision 2a.

Subd. 2a.   
Law enforcement and court system representatives shall consult, as applicable, with interested persons, including but not limited to parents, guardians, educators, and persons under the age of 21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this section. Consulting participants shall consider a variety of alternative civil penalties including but not limited to tobacco-free education programs, community service, court diversion programs, and tobacco cessation programs, and for persons under the age of 18 years, notice to schools and to parents or guardians. Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.