§ 1122 — Affirmative defense

Delaware § 1122

• Jurisdiction: Delaware
• Title: 11
• Part: Delaware Criminal Code
• Ch. 5: SPECIFIC OFFENSES
• Subch.: Offenses Relating to Children and Vulnerable Adults

Text

In any prosecution for an offense under this subpart, it shall be an affirmative defense that the purchaser or recipient of tobacco products or tobacco substitutes who had not reached the age of 21 years presented to the accused proof of age which set forth information that would lead a reasonable person to believe that such individual was 21 years of age or older.

Legislative History

70 Del. Laws, c. 318, § 4 ; 79 Del. Laws, c. 249, § 1 ; 82 Del. Laws, c. 10, § 7