(1) It shall be unlawful to sell, distribute or offer tobacco products or electronic cigarettes to a minor. (2) It shall be an affirmative defense that the seller of a tobacco product or an electronic cigarette to a minor in violation of this section had requested, examined and reasonably relied upon a photographic identification from such person establishing that person's age as at least eighteen (18) years of age prior to selling such person a tobacco product or an electronic cigarette. The failure of a seller to request and examine photographic identification from a person under eighteen (18) years of age prior to the sale of a tobacco product or an electronic cigarette to such person shall be construed against the seller and form a conclusive basis for the seller's violation of this section.
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