CRIMINAL LAWAND PROCEDURE
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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 federal
government showing that the purchaser
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 DrugAdministration.
(d) It is a defense that the accused retail estab-
lishment sold or delivered the tobacco or electronic
cigarette 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, advertising, or
marketing the tobacco or electronic cigarette to the
general public.
(f) Unless a person buys or receives tobacco
or an electronic cigarette under the direction of a
law enforcement officer as part of an enforce-
ment action, a retail establishment that sells or dis-
tributes tobacco or an electronic cigarette is not
liable for a violation of this section unless the
person less than eighteen (18) years of age who
bought or received the tobacco or electronic cig-
arette is issued a citation or summons under sec-
tion 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).
(h) A person who violates subsection (a) at
least six (6) times in any one hundred eighty
(180) day period commits habitual illegal sale of
tobacco, a Class B infraction.
35-46-1-10.5. Tobacco purchase by minors.
(a) A person less than eighteen (18) years of
age who:
(1) purchases tobacco or an electronic cig-
arette;
(2) accepts tobacco or an electronic ciga-
rette for personal use; or
(3) possesses tobacco or an electronic cig-
arette on his person;
commits a Class C infraction.
(b) It is a defense under subsection (a) that the
accused person acted in the ordinary course of
employment in a business concerning tobacco or
electronic cigarettes:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
35-46-1-11. Warning notices to minors and
pregnant women.
(a) A tobacco or electronic cigarette vending
machine that is located in a public place must
bear the following conspicuous notices:
(1) A notice:
(A) that reads as follows, with the cap-
italization indicated: “If you are under
18 years of age, YOUARE FORBID-
DEN by Indiana law to buy tobacco or
electronic cigarettes from this
machine”; or
(B) that:
(i) conveys a message substantially
similar to the message described
in clause (A); and
(ii) is formatted with words and in
a form authorized under the rules
adopted by the alcohol and tobacco
commission.
(2) A notice that reads as follows,
“Smoking by Pregnant Women May Result
in Fetal Injury, Premature Birth, and Low
Birth Weight”.
(3) A notice printed in letters and num-
bers at least one-half (1/2) inch high that
displays a toll free phone number for assis-
tance to callers in quitting smoking, as
determined by the state department of
health.
