Section 39-5705 - SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR(1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor.(2) It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor in violation of this section had requested, examined, and reasonably relied upon a photographic identification from such person establishing that the person is at least twenty-one (21) years of age prior to selling such person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under twenty-one (21) years of age prior to the sale of a tobacco product or an electronic smoking device to such person shall be construed against the seller and form a conclusive basis for the seller's violation of this section.[39-5705, added 1998, ch. 418, sec. 2, p. 1319; am. 2001, ch. 39, sec. 1, p. 74; am. 2012 , ch. 39, sec. 3 , p. 119; am. 2020 , ch. 318, sec. 5 , p. 909.]Amended by 2022 Session Laws, ch. 113, sec. 4, eff. 7/1/2022.Amended by 2020 Session Laws, ch. 318, sec. 5, eff. 7/1/2020.Amended by 2012 Session Laws, ch. 39, sec. 3, eff. 7/1/2012.