2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3403.02 - Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person; classification; definition

13-3403.02.
Selling or giving nitrous oxide to underage person;  illegally obtaining nitrous 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.