76-10-107.5 - Abuse of nitrous oxide -- Penalty.
76-10-107.5. Abuse of nitrous oxide -- Penalty.
(1) As used in this section, "nitrous oxide" means:
(a) N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, nitrogenoxide, 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 purposeof:
(i) causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, ordulling of the senses;
(ii) in any manner changing, distorting, or disturbing the audio, visual, or mentalprocesses;
(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 ora 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 nitrousoxide pursuant to an administration for the purpose of medical, surgical, or dental care by aperson 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 thepurpose of medical, surgical, or dental care and who holds a license under state law thatauthorizes the administration of nitrous oxide.
(5) A violation of this section is a class A misdemeanor.
Enacted by Chapter 23, 2002 General Session