Delaware Code Title 29 Sec. 6088 – Penalties and other remedies; Class B misdemeanor
(a) License revocation and civil penalty. — In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that an affixing agent has violated § 6085(c) of this title or any regulation adopted pursuant to this chapter, the Department may revoke or suspend the license of the affixing agent in the manner provided by Chapter 53 of Title 30. Each stamp affixed and each sale or offer to sell cigarettes in violation of § 6085(c) of this title shall constitute a separate violation. For each violation hereof, the Department may also impose a civil penalty in an amount not to exceed the greater of 500% of the retail value of the cigarettes or $5,000 upon a determination of violation of § 6085(c) of this title or any regulations adopted pursuant thereto. Such penalty shall be imposed in the manner provided by Chapter 53 of Title 30.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 6 months | up to $1,150 |
Terms Used In Delaware Code Title 29 Sec. 6088
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Contraband and seizure. — Any cigarettes that have been sold, offered for sale, or possessed for sale in this State in violation of § 6085(c) of this title shall be deemed contraband under § 5346 of Title 30 and such cigarettes shall be subject to seizure and forfeiture as provided in such section, and all such cigarettes so seized and forfeited shall be destroyed and not resold.
(c) Injunction. — The Attorney General may seek an injunction to restrain a threatened or actual violation of §§ 6085(c), 6087(a) or 6085(d) of this title by an affixing agent and to compel the affixing agent to comply with such subsections. In any action brought pursuant to this section, the State shall be entitled to recover the costs of investigation, costs of the action and reasonable attorney fees.
(d) Unlawful sale and distribution. — It shall be unlawful for a person to:
(1) Sell or distribute cigarettes, or
(2) Acquire, hold, own, posses, transport, import or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the State in violation of § 6085(c) of this title.
A violation of this section shall be a Class B misdemeanor.
(e) Unfair and deceptive trade practice. — A person who violates § 6085(c) of this title engages in an unfair and deceptive trade practice in violation of Chapter 25 of Title 6.