A. A person shall not knowingly sell, give or deliver to a person under eighteen years of age any container exclusively containing nitrous oxide, unless the person under eighteen years of age is delivering or accepting delivery in the person’s capacity as an employee.

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Terms Used In Arizona Laws 13-3403.01

  • Conviction: A judgement of guilt against a criminal defendant.
  • Deliver: means the actual, constructive or attempted exchange from one person to another, whether or not there is an agency relationship. See Arizona Laws 13-3401
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • sell: means an exchange for anything of value or advantage, present or prospective. See Arizona Laws 13-3401

B. A person who violates this section is guilty of a class 5 felony unless the court does either of the following:

1. Enters a judgment of conviction for a class 1 misdemeanor and makes disposition accordingly.

2. Places the person on probation in accordance with chapter 9 of this title and refrains from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense as a misdemeanor.