How old do you have to be to buy spray paint in idaho

How old do you have to be to buy spray paint in idaho

How old do you have to be to buy spray paint in idaho

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TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 15

CHILDREN AND VULNERABLE ADULTS

18-1502B.  Possession of inhalants by minors. Whenever a person under the age of eighteen (18) years is in possession and uses an aerosol spray product or other inhalant, that is not used pursuant to the instructions or prescription of a licensed health care provider or that is not used pursuant to the manufacturer’s label instructions, for the purpose of becoming under the influence of such substance; such person shall be guilty of a misdemeanor, and upon conviction, may be punished by a fine not in excess of three hundred dollars ($300), or by thirty (30) days in a juvenile detention facility or by both or may be subject to the provisions of chapter 5, title 20, Idaho Code.

For the purposes of this section, the term "inhalant" means any glue, cement or other substance containing one (1) or more of the following chemical compounds:  acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene or xylene or other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

History:

[18-1502B, added 1993, ch. 154, sec. 1, p. 390; am. 2004, ch. 23, sec. 4, p. 27.]

How current is this law?

Search the Idaho Statutes and Constitution

Sec. 22-103. Limiting access to graffiti implements.

(a) No person other than a parent or legal guardian shall sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of eighteen (18) years.

(b) Evidence that a person, his or her employee, or agent demanded and was shown acceptable evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution under this section. Acceptable evidence of majority shall include, but is not limited to, driver’s license, state-issued identification or military identification.

(c) This section does not apply to the transfer of graffiti implements from parent to child, guardian to ward, employer to employee, teacher to student or in any other similar relationship when such transfer is for a lawful purpose.

(d) Violation of this section is a class 1 misdemeanor.

(Ord. No. 97.66, 12-11-97)

Graffiti vandalism is a problem that costs the NSW community tens of millions of dollars each year. A lot of this vandalism is carried out using stolen spray paint cans, that’s why there are laws around the sale of spray paint in NSW.

Age restrictions

It’s illegal for businesses to sell spray paint to anyone under 18 years of age.

It’s also illegal for:

  • any person to buy spray paint on behalf of a minor or otherwise supply spray paint to a minor, unless the person believes on reasonable grounds that the product is to be used for:
    • the lawful pursuit of an occupation, education or training
    • any lawful artistic, construction, renovation or maintenance activity in the immediate vicinity of the place where the supply occurred.
  • a person under 18 to possess spray paint in a public place, unless the person has the spray paint for:
    • the lawful pursuit of an occupation, education or training
    • any lawful artistic, construction, renovation or maintenance activity and was in the immediate vicinity of the place where this activity was to occur.

Proof of age

A retailer has the right to ask a person buying spray paint cans for proof of age. Forms of proof of age include:

  • NSW proof of age card (issued by Roads and Maritime Services)
  • driver’s licence
  • passport
  • birth certificate
  • other official document with the customer’s name and age or date of birth.

"A retailer has the right to question customers about how they intend to use the products and to refuse to sell products to a person of any age if they suspect that they will be used for graffiti."

Storing spray paint cans

Businesses who sell spray paint cans are required by law to keep those cans either:

  • in a locked cabinet
  • in or behind a counter so that customers cannot access the cans without the assistance of shop staff, or
  • on a shelf 2.1 metres or higher.

Spray paints which are colourless and transparent when applied to a surface are exempt from the law.

Penalties for graffiti vandalism

The following penalties apply to graffiti vandalism offences:

  • a maximum fine of $2,200 or imprisonment for 12 months for damaging or defacing property by means of any graffiti implement
  • a maximum fine of $1,100 or imprisonment for six months for possessing a graffiti implement with the intention of damaging or defacing property
  • imprisonment for up to six years for malicious damage involving graffiti.

A court can order an offender to undertake community clean-up work instead of imposing a fine.

Further information

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Who enforces Australian Consumer Law?

The following agencies enforce provisions relating to consumer goods and services:

  • Australian Competition and Consumer Commission (ACCC)
  • NSW Fair Trading, and
  • other State and Territory consumer protection agencies.

The Australian Securities and Investments Commission (ASIC) is responsible for financial products and services.

How old do you have to be to buy spray paint?

You must not sell an aerosol paint container (a device which contains paint stored under pressure and which is designed to permit the release of paint as a spray) to anyone under 16.

Why do you need ID for spray paint?

Retailers must obtain a state permit to sell it and store it in a way that discourages theft. California prohibits anyone from selling or giving a spray paint container of more than six ounces capable of defacing property to minors (someone less than 18 years old). Minors are prohibited from buying such spray paint.

Can I buy spray paint at 15?

— 20 (1) A person may not sell aerosol spray paint to a person 21 who is younger than 18 years of age.

Is graffiti illegal in Idaho?

Idaho Statutes No person shall purposely or knowingly vandalize, deface or otherwise damage the property of another by painting, writing, drawing, or otherwise inscribing thereon in any fashion that which is commonly known as graffiti.