Relates to the unlawful sale of tobacco products to and the unlawful purchase of tobacco products by children under the age of eighteen

This legislation makes the unlawful sale of tobacco products to a child a separate offense under the penal law. It also establishes two new offenses: the unlawful purchase or possession of tobacco products by a child and the use of false identification to purchase tobacco products by a child.

Summary of specific provisions

Section one amends section 260.21 of the penal law by deleting subdivi- sion 3 of this section in its entirety. Subdivision 3 of section 260.21 provides that a person is guilty of unlawfully dealing with a child in the second degree when he sells or causes to be sold tobacco in any form to a child less than eighteen years old. It also provides that it is no defense to a prosecution pursuant to subdivision 3 of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.

Section two amends the penal law by adding a new section 260.22. Subdi- vision 1 of section 260.22 provides that a person is guilty of the unlawful sale of tobacco products to a child when he or she sells or causes to be sold tobacco in any form to a child less than eighteen years old. Subdivision 2 of section 260.22 provides that it is no defense to a prosecution pursuant to subdivision 1 of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such. The unlawful sale of tobacco products to a child will remain a class B misdemeanor.

Section three amends the penal law by adding a new section 260.23. Subdivision 1 of section 260.23 provides that a child less than eighteen years old is guilty of unlawful purchase or possession of tobacco products when he or she purchases a tobacco product, possesses a tobacco product or attempts to purchase or possess a tobacco product, unless the child is engaged in law enforcement activity or the child is handling or transporting a tobacco product under the terms of his or her employment. Subdivision 2 of section 260.23 provides that a child less than eighteen years old is guilty of the use of false identification when he or she presents or offers to another person a driver's license, nondriver's identification card or passport which is false, fraudulent or not actu- ally his or her own driver's license, non-driver's identification card or passport, for the purpose of attempting to purchase or possess a tobacco product.

Unlawful purchase or possession of tobacco products by a child and the use of false identification by a child will result in the forfeiture of any tobacco product and/or driver's license, non-driver's identification

card or passport in his or her possession. Such child will also be liable for a fine of not more than fifty dollars and/or an amount of community service not to exceed eight hours.

Justification

The sale of tobacco products to a minor is a serious offense, especially in light of new medical discoveries which emphasize how addictive and dangerous tobacco products are. The sale of tobacco products to a minor is currently included in a section of the penal law relating to unlaw- fully dealing with a minor in the second degree. This placement does not properly emphasize the specific offense of the sale of tobacco products to a minor nor is this offense indicated in the section title. Making the unlawful sale of tobacco products to a minor a separate and distinct offense under the penal law ensures that the nature of the offense is properly indicated and emphasized.

In addition, the establishment of two new offenses, the unlawful purchase or possession of tobacco products by a child and the use of false identification to purchase tobacco products by a child, are intended to curtail further tobacco use by children and highlights how serious the concern is regarding the use of tobacco products.

Legislative history

A10745/S7221 of 2007-2008. A3507 of 2009 (Bradley)

Fiscal implications

None to the State.

Effective date

This act will take effect immediately.