(a) A cigarette or tobacco product found in the possession of a person under eighteen (18) years of age may be confiscated by a certified law enforcement officer or a school official and immediately destroyed.
(b) If a minor who is found by a court to be in violation of any criminal statute is also found to have been in possession of a cigarette or tobacco product at the time of the violation of the criminal statute, the court may order the minor to perform up to three (3) hours of community service and to enroll in a tobacco education program, in addition to any other punishment imposed by the court for the violation of the criminal statute.
(c)
(1) Any additional punishment ordered by the court under subsection (b) of this section is not a criminal offense and shall not be recorded as a criminal offense in the records of this state.
(2) All records of a proceeding under this section shall be permanently expunged from any record created or maintained by any agency, department, county, or municipality.
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