NRS370.405. Unlawful sale or possession of contraband tobacco products; penalties.

      1.  It is unlawful for any person knowingly to sell or to possess for the purpose of sale any contraband tobacco products. The presence of any contraband tobacco products in a vending machine is prima facie evidence of the purpose to sell those products.

      2.  A person who violates any provision of subsection 1 is guilty of:

      (a) For the first offense involving contraband tobacco products having a value of $25 or more but less than $250, a misdemeanor.

      (b) For each subsequent offense involving contraband tobacco products having a value of $25 or more but less than $250, a category D felony and shall be punished as provided in NRS 193.130.

      (c) For the first offense involving contraband tobacco products having a value of $250 or more, a gross misdemeanor.

      (d) For each subsequent offense involving contraband tobacco products having a value of $250 or more, a category C felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 2005, 1192; A 2007, 2057)