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Indiana criminal charge

Minors entering establishments selling tobacco products in Indiana

Current through 2026 Indiana legislative session

Minors entering establishments selling tobacco products is a criminal offense under Indiana law, defined by Ind. Code § 35-46-1-11.7. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Ind. Code § 35-46-1-11.7.

What is the penalty for minors entering establishments selling tobacco products in Indiana?

Penalties for Minors entering establishments selling tobacco products
PenaltyRangeBasisAuthority
Fineup to $500 (Minors entering establishments selling tobacco products (general violation) — A person who violates this section (including the retail establishment allowing entry under (a), or a minor entering under (b), or failure to post signage under (c)) commits a Class C infraction.; civil judgment, not a criminal conviction (IC 34-28-5); no jail; IC 34-28-5-4(f) exceptions may set a different amount)discretionaryInd. Code § 34-28-5-4
Fineup to $1,000 (Habitual illegal entrance by a minor — A person who violates subsection (a) at least three times in any one-year period commits habitual illegal entrance by a minor, a Class B infraction.; civil judgment, not a criminal conviction (IC 34-28-5); no jail)discretionaryInd. Code § 34-28-5-4

Applies to current.

How is minors entering establishments selling tobacco products classified in Indiana?

The classification depends on the circumstances:

Classification variants for Minors entering establishments selling tobacco products
VariantClassificationWhen it appliesStatute
Minors entering establishments selling tobacco products (general violation)Class C InfractionA person who violates this section (including the retail establishment allowing entry under (a), or a minor entering under (b), or failure to post signage under (c)) commits a Class C infraction.Ind. Code § 35-46-1-11.7(d)
Habitual illegal entrance by a minorClass B InfractionA person who violates subsection (a) at least three times in any one-year period commits habitual illegal entrance by a minor, a Class B infraction.Ind. Code § 35-46-1-11.7(f)

Common questions about minors entering establishments selling tobacco products in Indiana

Is minors entering establishments selling tobacco products a felony or a misdemeanor in Indiana?

It depends on the circumstances: minors entering establishments selling tobacco products ranges from a Class C Infraction to a Class B Infraction in Indiana under Ind. Code § 35-46-1-11.7.

Minors entering establishments selling tobacco products (general violation): Class C Infraction (Ind. Code § 35-46-1-11.7(d)) · Habitual illegal entrance by a minor: Class B Infraction (Ind. Code § 35-46-1-11.7(f))

What are the penalties for minors entering establishments selling tobacco products in Indiana?

Penalties for minors entering establishments selling tobacco products in Indiana depend on how it is classified — from a Class C Infraction up to a Class B Infraction — with the ranges set by Ind. Code § 34-28-5-4; the full table of ranges by variant is published on this page.

Which Indiana statute covers minors entering establishments selling tobacco products?

Minors entering establishments selling tobacco products is governed by Ind. Code § 35-46-1-11.7 (Minors entering establishments selling tobacco products).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.