Indiana criminal charge
Retail establishment sale or distribution of tobacco product in Indiana
Retail establishment sale or distribution of tobacco product is a criminal offense under Indiana law, defined by Ind. Code § 35-46-1-10.2. 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 § 35-46-1-10.2.
What is the penalty for retail establishment sale or distribution of tobacco product in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $500 (Retail sale/distribution of tobacco to underage person — A retail establishment sells or distributes a tobacco product to a person less than twenty-one years of age.; civil judgment, not a criminal conviction (IC 34-28-5); no jail; IC 34-28-5-4(f) exceptions may set a different amount) | discretionary | Ind. Code § 34-28-5-4 |
| Fine | up to $1,000 (Habitual illegal sale of tobacco — A person violates subsection (b) at least three times in any one year.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
Applies to current.
How is retail establishment sale or distribution of tobacco product classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Retail sale/distribution of tobacco to underage person | Class C Infraction | A retail establishment sells or distributes a tobacco product to a person less than twenty-one years of age. | Ind. Code § 35-46-1-10.2(b) |
| Habitual illegal sale of tobacco | Class B Infraction | A person violates subsection (b) at least three times in any one year. | Ind. Code § 35-46-1-10.2(j) |
Common questions about retail establishment sale or distribution of tobacco product in Indiana
Is retail establishment sale or distribution of tobacco product a felony or a misdemeanor in Indiana?
It depends on the circumstances: retail establishment sale or distribution of tobacco product ranges from a Class C Infraction to a Class B Infraction in Indiana under Ind. Code § 35-46-1-10.2.
Retail sale/distribution of tobacco to underage person: Class C Infraction (Ind. Code § 35-46-1-10.2(b)) · Habitual illegal sale of tobacco: Class B Infraction (Ind. Code § 35-46-1-10.2(j))
What are the penalties for retail establishment sale or distribution of tobacco product in Indiana?
Penalties for retail establishment sale or distribution of tobacco product 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 retail establishment sale or distribution of tobacco product?
Retail establishment sale or distribution of tobacco product is governed by Ind. Code § 35-46-1-10.2 (Retail establishment sale or distribution of tobacco product).
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.