(1) |
As used in this section, “nitrous oxide” means:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
---|
class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-10-107.5- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a) |
N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, nitrogen oxide, or laughing gas; and |
(b) |
any substance containing nitrous oxide. |
|
(2) |
A person is guilty of abuse of nitrous oxide who:
(a) |
possesses nitrous oxide with the intent to breathe, inhale, or ingest it for the purpose of:
(i) |
causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses; |
(ii) |
in any manner changing, distorting, or disturbing the audio, visual, or mental processes; |
|
(b) |
knowingly and intentionally is under the influence of nitrous oxide; or |
(c) |
offers, sells, or provides nitrous oxide to another person, knowing that other person or a third party intends to possess or use the nitrous oxide in violation of Subsection (2)(a) or (b). |
|
(3) |
Subsection (2)(b) does not apply to any person who is under the influence of nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person holding a license under state law that authorizes the administration of nitrous oxide. |
(4) |
Subsection (2)(c) does not apply to any person who administers nitrous oxide for the purpose of medical, surgical, or dental care and who holds a license under state law that authorizes the administration of nitrous oxide. |
(5) |
A violation of this section is a class A misdemeanor. |
Enacted by Chapter 23, 2002 General Session