Idaho Code

Idaho Code § 39-5705 (2026)

Sale or distribution of tobacco products or electronic smoking devices to a minor. 

✓ current as of May 2026
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Sale or distribution of tobacco products or electronic smoking devices to a minor. 

(1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor.

(2)  It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor in violation of this section had requested, examined, and reasonably relied upon a photographic identification from such person establishing that the person is at least twenty-one (21) years of age prior to selling such person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under twenty-one (21) years of age prior to the sale of a tobacco product or an electronic smoking device to such person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section.
Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Michael T. Hayes, Sr. v. State (Idaho Ct. App. 2013).
Michael T. Hayes, Sr. v. State (Idaho Ct. App. 2013). · cites it 2× “§ 23-603, and one count of providing tobacco to a minor, I.C. § 39-5705. These charges arose after authorities were informed that Hayes was involved in a sexual relationship with a victim who was fifteen years old.”
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