(2)(a) Except as provided in paragraph (b) of this subsection, violation of this section is a Class A violation.
(b) Violation of this section is a Class C misdemeanor if at the time of sentencing the person has been convicted and sentenced, during a prior proceeding, under this section.
(3) This section does not apply to a business or employee who sells or delivers a nitrous oxide canister from which an individual may directly inhale nitrous oxide if, before selling or delivering the nitrous oxide canister to an individual:
(a) The business or employee requires the individual to present one of the following pieces of identification:
(A) A passport;
(B) A driver license, whether issued in this state or by another state;
(C) An identification card issued under ORS 807.400;
(D) An identification card issued by the United States military; or
(E) Any other identification card issued by a state that bears a picture of the individual, the name of the individual, the date of birth of the individual and a physical description of the individual;
(b) The piece of identification presented establishes that the individual is 18 years of age or older;
(c) The piece of identification presented accurately describes the individual; and
(d) If the piece of identification presented was falsified, a reasonable person would determine, upon inspecting the piece of identification under the same or similar circumstances, that the piece of identification was not altered and accurately describes the individual. [2017 c.402 §1]
Note: 475.390 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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