Statute:

Use of a child to commit a controlled substance offense

ยง 220.28 Use of a child to commit a controlled substance offense.

1. A person is guilty of use of a child to commit a controlled
substance offense when, being eighteen years old or more, he or she
commits a felony sale or felony attempted sale of a controlled substance
in violation of this article and, as part of that criminal transaction,
knowingly uses a child to effectuate such felony sale or felony
attempted sale of such controlled substance.

2. For purposes of this section, "uses a child to effectuate the
felony sale or felony attempted sale of such controlled substance" means
conduct by which the actor: (a) conceals such controlled substance on or
about the body or person of such child for the purpose of effectuating
the criminal sale or attempted sale of such controlled substance to a
third person; or (b) directs, forces or otherwise requires such child to
sell or attempt to sell or offer direct assistance to the defendant in
selling or attempting to sell such controlled substance to a third
person.

For purposes of this section, "child" means a person less than sixteen
years of age.

Use of a child to commit a controlled substance offense is a class E
felony.

PEN 220.28 2014-09-22

Criminal Jury Instruction Links:



USE OF A CHILD TO COMMIT A CONTROLLED SUBSTANCE OFFENSE - PL 220.28

Sections:

220. Controlled substances offenses
220.00 - Controlled substances; definitions.
220.03 - Criminal possession of a controlled substance in the seventh degree.
220.06 - Criminal possession of a controlled substance in the fifth degree.
220.09 - Criminal possession of a controlled substance in the fourth degree.
220.16 - Criminal possession of a controlled substance in the third degree.
220.18 - Criminal possession of a controlled substance in the second degree.
220.21 - Criminal possession of a controlled substance in the first degree.
220.25 - Criminal possession of a controlled substance; presumption.
220.28 - Use of a child to commit a controlled substance offense.
220.31 - Criminal sale of a controlled substance in the fifth degree.
220.34 - Criminal sale of a controlled substance in the fourth degree.
220.39 - Criminal sale of a controlled substance in the third degree.
220.41 - Criminal sale of a controlled substance in the second degree.
220.43 - Criminal sale of a controlled substance in the first degree.
220.44 - Criminal sale of a controlled substance in or near school grounds.
220.45 - REPEALED (10/7/2021) Criminally possessing a hypodermic instrument.
220.46 - Criminal injection of a narcotic drug.
220.48 - Criminal sale of a controlled substance to a child.
220.50 - Criminally using drug paraphernalia in the second degree.
220.55 - Criminally using drug paraphernalia in the first degree.
220.60 - Criminal possession of precursors of controlled substances.
220.65 - Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist.
220.70 - Criminal possession of methamphetamine manufacturing material in the second degree.
220.71 - Criminal possession of methamphetamine manufacturing material in the first degree.
220.72 - Criminal possession of precursors of methamphetamine.
220.73 - Unlawful manufacture of methamphetamine in the third degree.
220.74 - Unlawful manufacture of methamphetamine in the second degree.
220.75 - Unlawful manufacture of methamphetamine in the first degree.
220.76 - Unlawful disposal of methamphetamine laboratory material.
220.77 - Operating as a major trafficker.
220.78 - Witness or victim of drug or alcohol overdose.

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