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Indiana statute

Ind. Code § 35-46-1-11.7 — Minors entering establishments selling tobacco products

Current through 2026 Regular Session

Part of Chapter 1: Offenses Against the Family, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 35-46-1-11.7

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-46-1-11.7Primary source, current through the 2026 Regular Session
Sec. 11.7. (a) A retail establishment in which tobacco products account for at least eighty-five percent (85%) of the retail establishment's gross sales may not allow an individual who is less than twenty-one (21) years of age to enter the retail establishment. (b) An individual who is less than twenty-one (21) years of age may not enter a retail establishment described in subsection (a). (c) A retail establishment described in subsection (a) must conspicuously post on all entrances to the retail establishment the following: (1) A sign in boldface type that states "NOTICE: It is unlawful for a person less than 21 years old to enter this store.". (2) A sign printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the Indiana department of health. (d) A person who violates this section commits a Class C infraction. Notwithstanding IC 34-28-5-4 (c), a civil judgment for an infraction committed under this section must be imposed as follows: (1) If the person has not been cited for a violation of this section in the previous one (1) year, a civil penalty of up to four hundred dollars ($400). (2) If the person has had one (1) violation in the previous one (1) year, a civil penalty of up to eight hundred dollars ($800). (3) If the person has had two (2) violations in the previous one (1) year, a civil penalty of up to one thousand four hundred dollars ($1,400). (4) If the person has had three (3) or more violations in the previous one (1) year, a civil penalty of up to two thousand dollars ($2,000). A person may not be cited more than once every twenty-four (24) hours. (e) Notwithstanding IC 34-28-5-5 (c), civil penalties collected under this section must be deposited in the Richard D. Doyle tobacco education and enforcement fund established under IC 7.1-6-2-6 . (f) A person who violates subsection (a) at least three (3) times in any one (1) year period commits habitual illegal entrance by a minor, a Class B infraction.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.