{"data":{"id":"us-az/a.r.s.-13-3403.02","jurisdiction":"us-az","citation":"A.R.S. § 13-3403.02","heading":"Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person; classification; definition","body":"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:\n\n1. An unexpired driver license issued by any state or by Canada, provided the license includes a picture of the licensee.\n\n2. A nonoperating identification license issued pursuant to section 28-3165.\n\n3. An armed forces identification card.\n\n4. A valid passport or border crossing identification card that is issued by a government.\n\n5. A voter card issued by the government of Mexico and that contains a photograph and the date of birth of the person.\n\nB. 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.\n\nC. 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.\n\nD. 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.\n\nE. 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.\n\nF. 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.\n\nG. For purposes of this section, \"nitrous oxide container\" means any container or canister exclusively containing nitrous oxide.","path":["Title 13 Criminal Code"],"source_url":"https://www.azleg.gov/ars/13/03403-02.htm","current_through":"2026-09-04","vintage":"2026-08-09","retrieved_at":"2026-09-04T00:49:56Z","sha256":"6eac1ddba5fc208f1123692fc45238dc539055574255a178cd5506f3a39f1308","source_id":"us-az","stale":true,"prev":"us-az/a.r.s.-13-3403.01","next":"us-az/a.r.s.-13-3404"},"notice":"GroundRules: Original legal text. Not legal advice."}