(1) (a) As used in this section, "provides": (i) includes selling, giving, furnishing, sending, or causing to be sent; and (ii) does not include the acts: (A) of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others; or (B) of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's content. (b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section. (2) Except as provided in Subsection (4), an actor commits providing a cigar, cigarette, electronic cigarette product, nicotine product, or tobacco to a minor if the actor knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old. (3) A violation of Subsection (2) is: (a) a class C misdemeanor on the first offense; (b) a class B misdemeanor on the second offense; or (c) a class A misdemeanor on the third or subsequent offense. (4) This section does not apply to conduct of an employee of a tobacco retailer that is a violation of Section 76-9-1116 . Renumbered and
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