Arizona criminal charge
Nitrous oxide containers in Arizona
Nitrous oxide containers is a criminal offense under Arizona law, defined by A.R.S. § 13-3403.01. Its classification is not fixed: Arizona 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 A.R.S. § 13-3403.01.
What is the penalty for nitrous oxide containers in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Sale of nitrous oxide container to minor - felony — A person who violates the prohibition on knowingly selling, giving or delivering a nitrous oxide container to a minor is guilty of a class 5 felony unless the court elects one of the alternative dispositions.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Sale of nitrous oxide container to minor - felony — A person who violates the prohibition on knowingly selling, giving or delivering a nitrous oxide container to a minor is guilty of a class 5 felony unless the court elects one of the alternative dispositions.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Sale of nitrous oxide container to minor - reduced to misdemeanor — The court may enter a judgment of conviction for a class 1 misdemeanor instead of a felony and make disposition accordingly.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Sale of nitrous oxide container to minor - reduced to misdemeanor — The court may enter a judgment of conviction for a class 1 misdemeanor instead of a felony and make disposition accordingly.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is nitrous oxide containers classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale of nitrous oxide container to minor - felony | Class 5 Felony | A person who violates the prohibition on knowingly selling, giving or delivering a nitrous oxide container to a minor is guilty of a class 5 felony unless the court elects one of the alternative dispositions. | A.R.S. § 13-3403.01B |
| Sale of nitrous oxide container to minor - reduced to misdemeanor | Class 1 Misdemeanor | The court may enter a judgment of conviction for a class 1 misdemeanor instead of a felony and make disposition accordingly. | A.R.S. § 13-3403.01B.1 |
Common questions about nitrous oxide containers in Arizona
Is nitrous oxide containers a felony or a misdemeanor in Arizona?
It depends on the circumstances: nitrous oxide containers ranges from a Class 1 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-3403.01.
Sale of nitrous oxide container to minor - felony: Class 5 Felony (A.R.S. § 13-3403.01B) · Sale of nitrous oxide container to minor - reduced to misdemeanor: Class 1 Misdemeanor (A.R.S. § 13-3403.01B.1)
What are the penalties for nitrous oxide containers in Arizona?
Which Arizona statute covers nitrous oxide containers?
Nitrous oxide containers is governed by A.R.S. § 13-3403.01 (Nitrous oxide containers; sale to minors; classification).
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.