Skip to main content
US Criminal Defense.org
Menu

Arizona criminal charge

Selling or giving nitrous oxide to underage person in Arizona

Current through 2026 Arizona legislative session

Selling or giving nitrous oxide to underage person is a criminal offense under Arizona law, defined by A.R.S. § 13-3403.02. 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. § 13-3403.02.

What is the penalty for selling or giving nitrous oxide to underage person in Arizona?

Penalties for Selling or giving nitrous oxide to underage person
PenaltyRangeBasisAuthority
Jail / prisonup to 6 months (Underage misrepresentation of age to obtain nitrous oxide — A person under eighteen misrepresents their age via a written instrument of identification to induce another to sell, serve, give or furnish a nitrous oxide container.; 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)))discretionaryA.R.S. § 13-707
Fineup to $2,500 (Underage misrepresentation of age to obtain nitrous oxide — A person under eighteen misrepresents their age via a written instrument of identification to induce another to sell, serve, give or furnish a nitrous oxide container.; 13-802(A))discretionaryA.R.S. § 13-707
Jail / prisonup to 30 days (Underage solicitation of another to procure nitrous oxide — A person under eighteen solicits another person to purchase, sell, give, serve or furnish a nitrous oxide container contrary to law.; definite term served outside state prison (13-707(A)(3)); prior same offense within 2 years elevates to the next higher class (13-707(B)))discretionaryA.R.S. § 13-707
Fineup to $500 (Underage solicitation of another to procure nitrous oxide — A person under eighteen solicits another person to purchase, sell, give, serve or furnish a nitrous oxide container contrary to law.; 13-802(C))discretionaryA.R.S. § 13-707
Jail / prisonup to 6 months (Knowingly influencing sale to underage person or procuring for underage person — A person knowingly misrepresents another's age to influence sale of a nitrous oxide container to a minor, or procures such a container intending to give it to a minor.; 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)))discretionaryA.R.S. § 13-707
Fineup to $2,500 (Knowingly influencing sale to underage person or procuring for underage person — A person knowingly misrepresents another's age to influence sale of a nitrous oxide container to a minor, or procures such a container intending to give it to a minor.; 13-802(A))discretionaryA.R.S. § 13-707

Applies to current.

How is selling or giving nitrous oxide to underage person classified in Arizona?

The classification depends on the circumstances:

Classification variants for Selling or giving nitrous oxide to underage person
VariantClassificationWhen it appliesStatute
Underage misrepresentation of age to obtain nitrous oxideClass 1 MisdemeanorA person under eighteen misrepresents their age via a written instrument of identification to induce another to sell, serve, give or furnish a nitrous oxide container.A.R.S. § 13-3403.02C
Underage solicitation of another to procure nitrous oxideClass 3 MisdemeanorA person under eighteen solicits another person to purchase, sell, give, serve or furnish a nitrous oxide container contrary to law.A.R.S. § 13-3403.02D
Knowingly influencing sale to underage person or procuring for underage personClass 1 MisdemeanorA person knowingly misrepresents another's age to influence sale of a nitrous oxide container to a minor, or procures such a container intending to give it to a minor.A.R.S. § 13-3403.02F

Common questions about selling or giving nitrous oxide to underage person in Arizona

Is selling or giving nitrous oxide to underage person a felony or a misdemeanor in Arizona?

It depends on the circumstances: selling or giving nitrous oxide to underage person ranges from a Class 3 Misdemeanor to a Class 1 Misdemeanor in Arizona under A.R.S. § 13-3403.02.

Underage misrepresentation of age to obtain nitrous oxide: Class 1 Misdemeanor (A.R.S. § 13-3403.02C) · Underage solicitation of another to procure nitrous oxide: Class 3 Misdemeanor (A.R.S. § 13-3403.02D) · Knowingly influencing sale to underage person or procuring for underage person: Class 1 Misdemeanor (A.R.S. § 13-3403.02F)

What are the penalties for selling or giving nitrous oxide to underage person in Arizona?

Penalties for selling or giving nitrous oxide to underage person in Arizona depend on how it is classified — from a Class 3 Misdemeanor up to a Class 1 Misdemeanor — with the ranges set by A.R.S. § 13-707; the full table of ranges by variant is published on this page.

Which Arizona statute covers selling or giving nitrous oxide to underage person?

Selling or giving nitrous oxide to underage person is governed by A.R.S. § 13-3403.02 (Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person; classification; definition).

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.