Arizona statute

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

Current through 57th Legislature, 1st Regular Session (2025)

Part of Chapter 34: Drug Offenses, Arizona Revised Statutes.

Criminal charges under this statute

Selling or giving nitrous oxide to underage person

Full text of A.R.S. § 13-3403.02

Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.

A.R.S. § 13-3403.02Primary source, current through the 57th Legislature, 1st Regular Session (2025)

A. An operator or employee of a commercial establishment who questions or has reason to question whether or not a person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of a nitrous oxide container is under eighteen years of age shall require the person to exhibit a written instrument of identification and may require the person to sign the person's name, the date, and the number of the identification on a card to be retained by the operator, or may require the person to sign the person's name and the date on a photocopy of the instrument of identification to be retained by the operator. The following written instruments are the only acceptable types of identification: 1. An unexpired driver license issued by any state or by Canada, provided the license includes a picture of the licensee. 2. A nonoperating identification license issued pursuant to section 28-3165. 3. An armed forces identification card. 4. A valid passport or border crossing identification card that is issued by a government. 5. A voter card issued by the government of Mexico and that contains a photograph and the date of birth of the person. B. An operator or employee of a commercial establishment who sells, gives, serves or furnishes a nitrous oxide container to a person who is under eighteen years of age without having recorded and retained a record of the person's age or a dated and signed photocopy of the instrument of identification exhibited as prescribed by subsection A of this section is deemed to have constructive knowledge of the person's age. C. A person who is under eighteen years of age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish a nitrous oxide container contrary to section 13-3403.01 is guilty of a class 1 misdemeanor. D. A person who is under eighteen years of age and who solicits another person to purchase, sell, give, serve or furnish a nitrous oxide container contrary to law is guilty of a class 3 misdemeanor. E. A person who does not have a valid driver or nonoperating identification license and who uses a driver or nonoperating identification license of another in violation of subsection C of this section shall have that person's right to apply for a driver or nonoperating identification license suspended as provided by section 28-3309, subsection B. A person who uses a driver or nonoperating identification license in violation of subsection C of this section is subject to suspension of the driver or nonoperating identification license as provided in section 28-3309, subsection C. F. A person who knowingly influences the selling, giving or serving of a nitrous oxide container to a person under eighteen years of age by misrepresenting the age of the person or who orders, requests, receives or procures a nitrous oxide container from an operator or employee of a commercial establishment with the intent of selling, giving or serving it to a person under eighteen years of age is guilty of a class 1 misdemeanor. G. For purposes of this section, "nitrous oxide container" means any container or canister exclusively containing nitrous oxide.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.