(1) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
(2) An actor commits buying or possessing a tobacco product or an electronic cigarette product by a minor if the actor:
(a) is younger than 21 years old; and
(b) buys or attempts to buy, accepts, or has in the actor's possession a tobacco product, an electronic cigarette product, or a nicotine product.
(3)
(a) If the actor is 18 years old or older but younger than 21 years old, a violation of Subsection (2) is:
(i) an infraction; and
(ii) subject to:
(A) a minimum fine or penalty of $60; and
(B) participation in a court-approved tobacco education or cessation program, which may include a participation fee.
(b) If the actor is under 18 years old, a violation of Subsection (2) is a citation under Section 80-6-302, unless the violation is committed on school property under Section 53G-8-211.
(c) If a violation under this section is adjudicated under Section 80-6-701, the minor may be subject to the following:
(i) a fine or penalty, in accordance with Section 80-6-709; and
(ii) participation in a court-approved tobacco education program, which may include a participation fee.
(4)
(a) A compliance officer appointed by a board of education under Section 53G-4-402 may not issue a citation for a violation of this section committed on school property.
(b) A cited violation committed on school property shall be addressed in accordance with Section 53G-8-211.