Section 16-12-171. Prohibited acts

   (a)(1) It shall be unlawful for any person knowingly to:

      (A) Sell or barter, directly or indirectly, any cigarettes or tobacco related objects to a minor;

      (B) Purchase any cigarettes or tobacco related objects for any minor unless the minor for whom the purchase is made is the child of the purchaser; or

      (C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects.
      (2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes, tobacco products, or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes, tobacco products, or tobacco related objects are sold is 18 years of age or older.

      (B) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom cigarettes or tobacco related objects are to be sold or otherwise furnished is actually 18 years of age or older, it shall be the duty of the person selling or otherwise furnishing such cigarettes or tobacco related objects to request to see and to be furnished with proper identification as provided for in subsection (b) of this Code section in order to verify the age of such person. The failure to make such request and verification in any case where the person to whom the cigarettes or tobacco related objects are sold or otherwise furnished is less than 18 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such cigarettes or tobacco related objects did so knowingly.

   (3) Any person who violates this subsection shall be guilty of a misdemeanor.
   (b)(1) It shall be unlawful for any minor to:

      (A) Purchase, attempt to purchase, or possess for personal use any cigarettes or tobacco related objects. This subparagraph shall not apply to possession of cigarettes or tobacco related objects by a minor when a parent or guardian of such minor gives the cigarettes or tobacco related objects to the minor and possession is in the home of the parent or guardian and such parent or guardian is present; or

      (B) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes or tobacco related objects.

   (2) A minor who commits an offense provided for in paragraph (1) of this subsection may be punished as follows:

      (A) By requiring the performance of community service not exceeding 20 hours;

      (B) By requiring attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking or tobacco use, provided such lecture or discussion is offered without charge to the minor; or

      (C) By a combination of the punishments described in subparagraphs (A) and (B) of this paragraph.

Code 1981, § 16-12-171, enacted by Ga. L. 1987, p. 945, § 1; Ga. L. 1993, p. 343, § 2; Ga. L. 1996, p. 483, § 1; Ga. L. 1999, p. 81, § 16; Ga. L. 2004, p. 332, § 1; Ga. L. 2007, p. 497, § 1/SB 95.