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


Latest version.
  • 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.