What is Possession and Sale of a Vapor-Releasing Substance Containing a Toxic Substance in Arizona A.R.S. 13-3403?
A person shall not knowingly: Breathe, inhale or drink a vapor-releasing substance containing a toxic substance. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance to a person under eighteen years of age. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance if such person is not, at the time of sale, transfer or offer, employed by or engaged in operating a licensed commercial establishment at a fixed location regularly offering such substance for sale and such sale, transfer or offer is made in the course of employment or operation.
Penalties for Possession and Sale of a Vapor-Releasing Substance Containing a Toxic Substance in Arizona A.R.S. 13-3403
A person who violates any provision of this section is guilty of a class 5 felony.
What does the State need to prove Possession and Sale of a Vapor-Releasing Substance Containing a Toxic Substance to convict in Arizona A.R.S. 13-3403
The court, having regard to the nature and circumstances of the offense, may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain 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 enters an order designating the offense a misdemeanor.
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