Idaho Code 39-5705 – Sale or Distribution of Tobacco Products or Electronic Smoking Devices to a Minor
Current as of: 2023 | Check for updates
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(1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor.
(2) It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor in violation of this section had requested, examined, and reasonably relied upon a photographic identification from such person establishing that the person is at least twenty-one (21) years of age prior to selling such person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under twenty-one (21) years of age prior to the sale of a tobacco product or an electronic smoking device to such person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section.
Terms Used In Idaho Code 39-5705
- Distribute: means to give, deliver, sell, offer to give, offer to deliver, offer to sell or cause any person to do the same or hire any person to do the same. See Idaho Code 39-5702
- Minor: means a person under twenty-one (21) years of age. See Idaho Code 39-5702
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Photographic identification: means state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military card, in all cases bearing a photograph and a date of birth, or a valid passport. See Idaho Code 39-5702 Seller: means the person who physically sells or distributes tobacco products or electronic smoking devices. See Idaho Code 39-5702