The crime of delivery to a child is a second-degree felony, punishable by a prison sentence of not less than two years or more than 20 years.
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Delivery of any drug is a crime. It is a more serious crime in Texas if the intended recipient of the controlled substance is a minor or is still enrolled in a secondary school. If accused of this offense, it is important to consult with a drug delivery lawyer to avoid the most serious consequences and protect your legal rights.
The crime of delivery to a child is committed when:
A Texas appellate court ruled that the consumption of a drug by a pregnant woman does not constitute the crime of delivering a controlled substance to a child. Without deciding whether a fetus is a “person” under the age of 18, the court concluded that consuming a drug does not transfer possession of the drug to the fetus as the crime of delivery requires.
In addition to the other defenses that are available to a drug charge, Texas law creates certain “affirmative defenses” to the charge of delivery of a controlled substance to a child. A defendant charged with delivery to a child can avoid conviction if:
If one of the affirmative defenses applies, the defendant might still be guilty of delivery, but will not be guilty of the more serious crime of delivering a controlled substance to a child.
The crime of delivery to a child is a second-degree felony, punishable by a prison sentence of not less than two years or more than 20 years.
If death or serious injury results from the ingestion of a controlled substance that the defendant delivered, the offense is a first degree felony, punishable by a prison sentence of not less than five years or more than 20 years, or by a life sentence.
If a person under the age of 18 assisted in the commission of the offense. Or was made to participate in the offense by the use or threat of force. The offense is a first degree felony. Punishable by a prison sentence of not less than five years or more than 20 years. Or by a life sentence.
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