HF 1139

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; prohibiting sale of tobacco and 
  1.3             tobacco-related devices to persons under 21 years of 
  1.4             age; providing criminal penalties; amending Minnesota 
  1.5             Statutes 1998, section 609.685, subdivisions 1a, 2, 
  1.6             and 5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 609.685, 
  1.9   subdivision 1a, is amended to read: 
  1.10     Subd. 1a.  [GROSS MISDEMEANOR.] (a) Whoever sells tobacco 
  1.11  to a person under the age of 18 21 years is guilty of a gross 
  1.12  misdemeanor.  
  1.13     (b) It is an affirmative defense to a charge under this 
  1.14  subdivision if the defendant proves by a preponderance of the 
  1.15  evidence that the defendant reasonably and in good faith relied 
  1.16  on proof of age as described in section 340A.503, subdivision 6. 
  1.17     Sec. 2.  Minnesota Statutes 1998, section 609.685, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [MISDEMEANOR.] Whoever furnishes tobacco or 
  1.20  tobacco-related devices to a person under the age of 18 21 years 
  1.21  is guilty of a misdemeanor. 
  1.22     Sec. 3.  Minnesota Statutes 1998, section 609.685, 
  1.23  subdivision 5, is amended to read: 
  1.24     Subd. 5.  [EXCEPTION.] Notwithstanding subdivision 2, an 
  1.25  Indian may furnish tobacco to an Indian under the age of 18 21 
  1.26  years if the tobacco is furnished as part of a traditional 
  2.1   Indian spiritual or cultural ceremony.  For purposes of this 
  2.2   subdivision, an Indian is a person who is a member of an Indian 
  2.3   tribe as defined in section 257.351, subdivision 9. 
  2.4      Sec. 4.  [EFFECTIVE DATE.] 
  2.5      Sections 1 to 3 are effective August 1, 1999, and apply to 
  2.6   crimes committed on or after that date.