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California Penal Code Section 381c

Legal Research Home > California Laws > Penal Code > California Penal Code Section 381c

381c.  (a) As used in this section, "nitrous oxide" refers to any of
the following substances: N2O, dinitrogen monoxide, dinitrogen
oxide, nitrogen oxide, or laughing gas.
   (b) Every person who sells, furnishes, administers, distributes,
gives away, or offers to sell, furnish, administer, distribute, or
give away a device, canister, tank, or receptacle either exclusively
containing nitrous oxide or exclusively containing a chemical
compound mixed with nitrous oxide, to a person under 18 years of age
is guilty of a misdemeanor. The court shall consider ordering the
person to perform community service as a condition of probation.
   (c) (1) It is a defense to this crime that the defendant honestly
and reasonably believed that the minor involved in the offense was at
least 18 years of age.
   (2) The defendant shall bear the burden of establishing this
defense by a preponderance of the evidence.
   (d) For the purpose of preventing a violation of this section, any
person may refuse to sell, furnish, administer, distribute, or give
away a device, canister, tank, or receptacle either exclusively
containing nitrous oxide or exclusively containing a chemical
compound mixed with nitrous oxide to a person who is unable to
produce adequate proof of age of majority.
   (e) On and after July 1, 2010, the court shall order the
suspension of the business license, for a period of up to one year,
of a person who knowingly violates this section after having been
previously convicted of a violation of this section, unless the owner
of the business license can demonstrate a good faith attempt to
prevent illegal sales or deliveries by the owner's employees.
   (f) This section shall not apply to any person who administers
nitrous oxide for the purpose of providing medical or dental care, if
administered by a medical or dental practitioner licensed by this
state or at the direction or under the supervision of a practitioner
licensed by this state.
   (g) This section does not apply to the sale of nitrous oxide
contained in food products for use as a propellant.

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Last modified: March 17, 2014