Idaho § 39-5705 SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR

Idaho Statutes

§ 39-5705 — SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR

Idaho § 39-5705

Title 39HEALTH AND SAFETY

Ch. 57PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES

This text of Idaho § 39-5705 (SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 39-5705 (2026).

Text

(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 selle

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

Legislative History

[39-5705, added 1998, ch. 418, sec. 2, p. 1319; am. 2001, ch. 39, sec. 1, p. 74; am. 2012, ch. 39, sec. 3, p. 119; am. 2020, ch. 318, sec. 5, p. 909; am. 2022, ch. 113, sec. 4, p. 419.]