Skip to main content

I have a couple of questions about my situation where a friend of mine is always asking me for a cigarette. He's only 16 and I'm eighteen so I can buy cigarettes and he can't. Is it possible that I could be prosecuted for giving him cigarettes even if I don't charge him for them? I don't buy any cigarettes for him. Thanks.

Cigarettes for minor

It doesn't seem like the kind of case that would excite a prosecutor, someone with many more serious crimes to deal with.  Here is the text of Massachusetts General Laws Chapter 270, Section 6 (dealing with selling or giving cigarettes to minors):

Whoever sells a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff or tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of not less than one hundred dollars for the first offense, not less than two hundred dollars for a second offense and not less than three hundred dollars for any third or subsequent offense.

So, yes, technically you are committing a crime when you give your friend a cigarette.  Maybe you should quit smoking.  It will improve your health and eliminate the possibility of being asked for a cigarette by your minor friend.  Good luck. For more information about criminal law in MA, check out our Massachusetts Criminal Law Discussion Forum.

 

Talk to a Criminal Defense Attorney Today
Most offer FREE Consultations