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5-78-102. Possession of cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product by minor — Confiscation — Additional punishment.
Arkansas Code — all titles (historical 2020) · legal_authorities
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) As used in this section, “minor” means a person who is under twenty-one (21) years of age.
(2) “Minor” does not include a person who:
(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
(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) 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) 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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-78-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-78-102
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b405db8264fe346b990b807bc1d9c54aba88220cda2bd575781b4e32e176b6b2
Source location: content.xml paragraph 32052
Stored source content
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) As used in this section, “minor” means a person who is under twenty-one (21) years of age.
(2) “Minor” does not include a person who:
(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
(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) 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) 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.
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