§ 5-78-102. Possession of cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product by minor — Confiscation — Additional punishment

(a)

1. (1) As used in this section, “minor” means a person who is under twenty-one (21) years of age.

2. (2) “Minor” does not include a person who:

   1. (A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or

   2. (B) Has attained nineteen (19) years of age as of December 31, 2019.

(b) A cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product found in the possession of a minor may be confiscated by a certified law enforcement officer or a school official and immediately destroyed.

(c) If a minor who is found by a court to be in violation of a criminal statute is also found to have been in possession of a cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product at the time of the violation of the criminal statute, the court may order the minor to perform up to three (3) hours of community service and to enroll in a tobacco education program, in addition to any other punishment imposed by the court for the violation of the criminal statute.

(d)

1. (1) Any additional punishment ordered by the court under subsection (c) of this section is not a criminal offense and shall not be recorded as a criminal offense in the records of this state.

2. (2) All records of a proceeding under this section shall be permanently expunged from any record created or maintained by any agency, department, county, or municipality.