6.625 — SUPPLYING TOBACCO TO A MINOR

Violations of "Statute 6.625" result in a Class C Misdemeanor, with penalties that may include fines, community service, or further legal action depending on the circumstances and severity of the offense.

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(a) Definitions

Supplying Tobacco to a Minor refers to any individual or entity who knowingly or negligently provides, sells, hands over, or otherwise makes tobacco or nicotine products available to a person under the age of 21. This includes both direct and indirect means of supply, such as purchasing on behalf of a minor, leaving tobacco products within reach or access of a minor, or facilitating their use.

Tobacco or nicotine products include, but are not limited to:

• Cigarettes, cigars, cigarillos, bidis

• Chewing tobacco, snuff, dip, and loose-leaf tobacco

• Rolling papers and tobacco wraps

• Electronic cigarettes, vapes, and disposable nicotine devices

• Refillable vape pens, e-liquid pods, and nicotine cartridges

• Any product or device used to inhale or deliver tobacco-derived substances

This statute applies regardless of whether the minor consumes the product or not. The offense is based solely on the act of supplying or making the product accessible.

(b) Elements

To prove a violation of this statute, the prosecution must establish beyond a reasonable doubt the following elements:

• The defendant transferred, sold, gave, or otherwise supplied a tobacco or nicotine product to another individual.

• The individual who received or was intended to receive the product was under the age of 21 at the time of the incident.

• The defendant either knew or should reasonably have known that the individual was under 21.

• The product supplied met the definition of a tobacco or nicotine product under current law or regulation.

The supply may be considered direct (e.g., handing the product to a minor or selling it) or indirect (e.g., leaving it in an accessible location, purchasing it on the minor’s behalf, or instructing another person to deliver it).

(c) Defenses

Valid defenses to a charge under this statute may include:

• Age Misrepresentation: The minor provided a falsified ID or documentation that appeared legally valid and indicated they were 21 or older, and the supplier made a reasonable effort to verify the age.

• Law Enforcement Operation: The product was supplied as part of a legally authorized law enforcement compliance check or investigation.

• No Knowledge or Intent: The defendant had no reasonable way to know that the individual was a minor and was not present at the time the product was accessed or taken.

• Access Without Authorization: The minor took the product without consent, knowledge, or involvement of the defendant, such as stealing or using a product left securely stored.

(d) Aggravating Factors

The following aggravating factors may increase the severity of the offense and result in enhanced penalties:

• The minor suffered harm or was found in possession of the product on school property or during a school-related event.

• The defendant has prior convictions or infractions involving tobacco or alcohol distribution to minors.

• The transaction occurred in a commercial setting, and the defendant was acting as a seller, employee, or business owner responsible for verifying age.

• The supply of the product was part of a repeated or organized pattern, suggesting intent or disregard for youth safety laws.

• The product was modified or combined with other controlled substances at the time of transfer.