| 13-3403.02 |
NARCOTIC NEWS
Drug Law in Arizona 13-3403.02
Drug Law in Arizona 13-3403.02
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Selling or giving nitrous oxide to underage person; illegally obtaining nitrous
oxide containers by underage person; classification; definition
oxide containers by underage person; classification; definition
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.
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.