(1)
(a) As used in this section, "provides" means the same as that term is defined in Section 76-9-1104.
(b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
(2) An actor commits providing tobacco paraphernalia to a minor if the actor knowingly, intentionally, recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under 21 years old.
(3) A violation of Subsection (2) is:
(a) a class C misdemeanor on the first offense; or
(b) a class B misdemeanor on a subsequent offense.