Washington Code 26.28.080 – Selling or giving tobacco to minor — Belief of representative capacity, no defense — Penalty
Current as of: 2023 | Check for updates
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(1) A person who sells or gives, or permits to be sold or given, to any person under the age of twenty-one years any cigar, cigarette, cigarette paper or wrapper, tobacco in any form, or a vapor product is guilty of a gross misdemeanor.
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 26.28.080
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) It is not a defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
(3) For the purposes of this section, “vapor product” has the same meaning as provided in RCW 70.345.010.
[ 2019 c 15 § 1; 2016 sp.s. c 38 § 1; 2013 c 47 § 1; 1994 sp.s. c 7 § 437. Prior: 1987 c 250 § 2; 1987 c 204 § 1; 1971 ex.s. c 292 § 37; 1919 c 17 § 1; 1911 c 133 § 1; 1909 ex.s. c 27 § 1; 1909 c 249 § 193; 1901 c 122 § 1; 1895 c 126 §§ 1, 3 and 4; RRS § 2445. Formerly RCW 26.08.080, 26.08.090, and 26.08.100.]
NOTES:
Effective date—2019 c 15: “This act takes effect January 1, 2020.” [ 2019 c 15 § 12.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Juvenile courts and juvenile offenders: Title 13 RCW.
Minors, access to tobacco, role of liquor and cannabis board: Chapter 70.155 RCW.
Raising the minimum legal age of sale in certain compacts, consultations with federally recognized Indian tribes: RCW 43.06.468.