CRIMINAL LAWAND PROCEDURE
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A person who is a birth mother, or a woman
who holds herself out to be a birth mother, and
who knowingly or intentionally benefits from
adoption related expenses paid:
(1) when the person knows or should have
known that the person is not pregnant;
(2) by or on behalf of a prospective adop-
tive parent who is unaware that at the
same time another prospective adoptive
parent is also paying adoption related
expenses described under section 9(b) of
this chapter in an effort to adopt the same
child; or
(3) when the person does not intend to
make an adoptive placement;
commits adoption deception, a Class A misde-
meanor. In addition to any other penalty imposed
under this section, a court may order the person
who commits adoption deception to make resti-
tution to a prospective adoptive parent, attorney,
or licensed child placing agency that incurs an
expense as a result of the offense.
35-46-1-10. Sale of tobacco to certain
minors.
(a) A person who knowingly:
(1) sells or distributes tobacco or an elec-
tronic cigarette to a person less than eight-
een (18) years of age; or
(2) purchases tobacco or an electronic cig-
arette for delivery to another person who
is less than eighteen (18) years of age;
commits a Class C infraction. For a sale to take
place under this section, the buyer must pay the
seller for the tobacco product or the electronic cig-
arette.
(b) It is not a defense that the person to whom
the tobacco or electronic cigarette was sold or dis-
tributed did not smoke, chew, inhale, or otherwise
consume the tobacco or the electronic cigarette.
(c) The following defenses are available to a
person accused of selling or distributing tobacco
or an electronic cigarette to a person who is less
than eighteen (18) years of age:
(1) The buyer or recipient produced a dri-
ver’s license bearing the purchaser’s or
recipient’s photograph, showing that the
purchaser or recipient was of legal age to
make the purchase.
(2) The buyer or recipient produced a pho-
tographic identification card issued under
IC 9-24-16-1, or a similar card issued
under the laws of another state or the fed-
eral government, showing that the pur-
chaser or recipient was of legal age to
make the purchase.
(3) The appearance of the purchaser or
recipient was such that an ordinary prudent
person would believe that the purchaser or
recipient was not less than the age that
complies with regulations promulgated
by the federal Food and Drug
Administration.
(d) It is a defense that the accused person
sold or delivered the tobacco or electronic ciga-
rette to a person who acted in the ordinary course
of employment or a business concerning tobacco
or electronic cigarettes:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
(e) As used in this section, “distribute” means
to give tobacco or an electronic cigarette to
another person as a means of promoting, adver-
tising, or marketing the tobacco or electronic cig-
arette to the general public.
(f) Unless the person buys or receives tobacco
or an electronic cigarette under the direction of a
law enforcement officer as part of an enforcement
action, a person who sells or distributes tobacco
or an electronic cigarette is not liable for a vio-
lation of this section unless the person less than
eighteen (18) years of age who bought or received
the tobacco or electronic cigarette is issued a
citation or summons under section 10.5 of this
chapter.
(g) Notwithstanding IC 34-28-5-5(c), civil
penalties collected under this section must be
deposited in the Richard D. Doyle youth tobacco
education and enforcement fund (IC 7.1-6-2-6).
35-46-1-10.1. Sale of alcohol to minors; civil
judgments.
(a) If a permit holder or an agent or employee
of a permit holder violates IC 7.1-5-7-8 on the
