Is Buying Cigarettes a Criminal Offense in New Jersey?
Full Question:
Answer:
The answer will depend on the exact nature of the charge. For example, if the charge is under 2A:170-51.4, the penalty is civil rather than criminal.
Please see the following NJ statutes:
2A:170-51.4. distribution of tobacco to persons under age 19;
prohibited; civil penalties.
a. No person, either directly or indirectly by an agent or employee, or
by a vending machine owned by the person or located in the person's
establishment, shall sell, offer for sale, distribute for commercial
purpose at no cost or minimal cost or with coupons or rebate offers, give
or furnish, to a person under 19 years of age, any cigarettes made of
tobacco or of any other matter or substance which can be smoked, or any
cigarette paper or tobacco in any form, including smokeless tobacco.
b. The establishment of all of the following shall constitute a defense
to any prosecution brought pursuant to subsection a. of this section:
(1) that the purchaser of the tobacco product or the recipient of the
promotional sample falsely represented, by producing either a driver's
license or non-driver identification card issued by the New Jersey Motor
Vehicle Commission, a similar card issued pursuant to the laws of another
state or the federal government of Canada, or a photographic
identification card issued by a county clerk, that the purchaser or
recipient was of legal age to make the purchase or receive the sample;
(2) that the appearance of the purchaser of the tobacco product or the
recipient of the promotional sample was such that an ordinary prudent
person would believe the purchaser or recipient to be of legal age to make
the purchase or receive the sample; and
(3) that the sale or distribution of the tobacco product was made in
good faith, relying upon the production of the identification set forth
in paragraph (1) of this subsection, the appearance of the purchaser or
recipient, and in the reasonable belief that the purchaser or recipient
was of legal age to make the purchase or receive the sample.
c. A person who violates the provisions of subsection a. of this
section, including an employee of a retail dealer licensee under P.L.
1948, c. 65 (C. 54:40A-1 et seq.) who actually sells or otherwise
provides a tobacco product to a person under 19 years of age, shall be
liable to a civil penalty of not less than $250 for the first violation,
not less than $500 for the second violation, and $1,000 for the third and
each subsequent violation. The civil penalty shall be collected pursuant
to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (C. 2A:58-10
et seq.), in a summary proceeding before the municipal court having
jurisdiction. An official authorized by statute or ordinance to enforce
the State or local health codes or a law enforcement officer having
enforcement authority in that municipality may issue a summons for a
violation of the provisions of subsection a. of this section, and may
serve and execute all process with respect to the enforcement of this
section consistent with the Rules of Court. A penalty recovered under the
provisions of this subsection shall be recovered by and in the name of the
State by the local health agency. The penalty shall be paid into the
treasury of the municipality in which the violation occurred for the
general uses of the municipality.
d. In addition to the provisions of subsection c. of this section, upon
the recommendation of the municipality, following a hearing by the
municipality, the Division of Taxation in the Department of the Treasury
may suspend or, after a second or subsequent violation of the provisions
of subsection a. of this section, revoke the license issued under
section 202 of P.L. 1948, c. 65 (C. 54:40A-4) of a retail dealer. The licensee
shall be subject to administrative charges, based on a schedule issued by
the Director of the Division of Taxation, which may provide for a
monetary penalty in lieu of a suspension.
e. A penalty imposed pursuant to this section shall be in addition to
any penalty that may be imposed pursuant to section 3 of P.L. 1999, c. 90
(C. 2C:33-13.1).
2C:33-13.1. Sale of cigarettes to persons under age 19, petty disorderly
persons offense.
a. A person who sells or gives to a person under 19 years of age any
cigarettes made of tobacco or of any other matter or substance which can
be smoked, or any cigarette paper or tobacco in any form, including
smokeless tobacco, including an employee of a retail dealer licensee
under P.L. 1948, c. 65 (C. 54:40A-1 et seq.) who actually sells or
otherwise provides a tobacco product to a person under 19 years of age,
shall be punished by a fine as provided for a petty disorderly persons
offense. A person who has been previously punished under this section and
who commits another offense under it may be punishable by a fine of twice
that provided for a petty disorderly persons offense.
b. The establishment of all of the following shall constitute a defense
to any prosecution brought pursuant to subsection a. of this section:
(1) that the purchaser or recipient of the tobacco product falsely
represented, by producing either a driver's license or non-driver
identification card issued by the New Jersey Motor Vehicle Commission, a
similar card issued pursuant to the laws of another state or the federal
government of Canada, or a photographic identification card issued by a
county clerk, that the purchaser or recipient was of legal age to
purchase or receive the tobacco product;
(2) that the appearance of the purchaser or recipient of the tobacco
product was such that an ordinary prudent person would believe the
purchaser or recipient to be of legal age to purchase or receive the
tobacco product; and
(3) that the sale or distribution of the tobacco product was made
in good faith, relying upon the production of the identification
set forth in paragraph (1) of this subsection, the appearance of
the purchaser or recipient, and in the reasonable belief that the
purchaser or recipient was of legal age to purchase or receive the
tobacco product.
c. A penalty imposed pursuant to this section shall be in addition to
any penalty that may be imposed pursuant to section 1 of P.L. 2000, c. 87
(C. 2A:170-51.4).
2A:170-51.6 Sales, distribution of certain flavored cigarettes
prohibited; definitions; violations, penalties.
a. No person, either directly or indirectly by an agent or
employee, or by a vending machine owned by the person or located
in the person's establishment, shall sell, offer for sale,
distribute for commercial purpose at no cost or minimal cost or
with coupons or rebate offers, give or furnish, to a person a
cigarette, or any component part thereof, which contains a natural
or artificial constituent or additive that causes the cigarette or
any smoke emanating from that product to have a characterizing
flavor other than tobacco, clove or menthol. In no event shall a
cigarette or any component part thereof be construed to have a
characterizing flavor based solely on the use of additives or
flavorings, or the provision of an ingredient list made available
by any means.
As used in this section:
(1) "characterizing flavor other than tobacco, clove or menthol"
means that: the cigarette, or any smoke emanating from that
product, imparts a distinguishable flavor, taste or aroma other
than tobacco, clove or menthol prior to or during consumption,
including, but not limited to, any fruit, chocolate, vanilla,
honey, candy, cocoa, dessert, alcoholic beverage, herb or spice
flavoring; or the cigarette or any component part thereof is
advertised or marketed as having or producing any such flavor,
taste or aroma;
(2) "cigarette" means (a) any roll of tobacco wrapped in paper or
in any substance not containing tobacco, and (b) any roll of
tobacco wrapped in any substance containing tobacco which, because
of its appearance, the type of tobacco used in the filler, or its
packaging and labeling, is likely to be offered to, or purchased
by, consumers as a cigarette as described in subparagraph (a) of
this paragraph (2); and
(3) "component part thereof" includes, but is not limited to, the
tobacco, paper, roll or filter, or any other matter or substance
which can be smoked.
b. A person who violates the provisions of subsection a. of this
section shall be liable to a civil penalty of not less than $250
for the first violation, not less than $500 for the second
violation, and $1,000 for the third and each subsequent violation.
The civil penalty shall be collected pursuant to the "Penalty
Enforcement Law of 1999," P.L. 1999, c. 274 (C. 2A:58-10 et seq.),
in a summary proceeding before the municipal court having
jurisdiction. An official authorized by statute or ordinance to
enforce the State or local health codes or a law enforcement
officer having enforcement authority in that municipality may
issue a summons for a violation of the provisions of subsection a.
of this section, and may serve and execute all process with
respect to the enforcement of this section consistent with the
Rules of Court. A penalty recovered under the provisions of this
subsection shall be recovered by and in the name of the State by
the local health agency. The penalty shall be paid into the
treasury of the municipality in which the violation occurred for
the general uses of the municipality.
c. In addition to the provisions of subsection b. of this
section, upon the recommendation of the municipality, following a
hearing by the municipality, the Division of Taxation in the
Department of the Treasury may suspend or, after a second or
subsequent violation of the provisions of subsection a. of this
section, revoke the license of a retail dealer issued under
section 202 of P.L. 1948, c. 65 (C. 54:40A-4). The licensee shall be
subject to administrative charges, based on a schedule issued by
the Director of the Division of Taxation, which may provide for a
monetary penalty in lieu of a suspension.