Violations; classification

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28-8276. Violations; classification

A. Unless another classification is provided, a person who violates this article is guilty of a class 3 misdemeanor.

B. An act or omission that is unlawful pursuant to this article does not include an act or omission that violates the laws or regulations of the United States.

C. It is not necessary to allege or prove as part of the case for this state that the defendant is not subject to prosecution under the laws of the United States for the alleged violation. The fact that the defendant is amenable to prosecution under the laws of the United States is a matter of defense, unless it affirmatively appears from the evidence of this state.


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