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TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:
"Section 16-17-500. (A) It shall be is unlawful for any a person to sell, furnish, give, distribute, purchase for, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore a tobacco product. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall be punished as follows:
(1) for a first offense by a fine not exceeding twenty-five dollars;
(2) for a second offense, by a fine not exceeding fifty dollars; and
(3) for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(B)(1) It is unlawful for an individual less than eighteen years of age to purchase, accept receipt of, or possess, or attempt to purchase, attempt to accept receipt of, or attempt to possess a tobacco product, or to present or offer to a person proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.
(2) This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.
(C)(1) An individual who intentionally or knowingly violates a provision contained in this section either in person, by agent, or in any other way, is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, by a fine not less than one hundred dollars;
(b) for a second offense, which occurs within three years of the first offense, by a fine not less than two hundred dollars; and
(c) for a third or subsequent offense, which occurs within three years of the first offense, by a fine not less than three hundred dollars.
(2) All fines must be placed in the state general fund and distributed in the following manner:
(a) one-half must be distributed to the treasurer of the county in which the conviction occurred; and
(b) one-half must be distributed to the Department of Health and Environmental Control to be used for the department's Youth Smoking Prevention Plan.
(D) A violation of this section is triable exclusively in either municipal or magistrate court.
(E) In lieu of the penalties contained in subsection (C), a court may require an individual who is less than eighteen years of age who illegally purchases or possesses a tobacco product to perform not less than twenty hours of community service for a first offense and not less than forty hours of community service for a second or subsequent offense.
(F) An individual who is less than eighteen years of age and who has been convicted of violating a provision of this section may have his record expunged upon becoming eighteen years of age if he has paid any fine imposed upon him and successfully completed any court-ordered community service."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:29 P.M.