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.