Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD. (a) A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or knowingly delivers marihuana and the person delivers the controlled substance or marihuana to a person:
(1) who is a child;
(2) who is enrolled in a public or private primary or secondary school; or
(3) who the actor knows or believes intends to deliver the controlled substance or marihuana to a person described by Subdivision (1) or (2).
(b) It is an affirmative defense to prosecution under this section that:
(1) the actor was a child when the offense was committed; or
(2) the actor:
(A) was younger than 21 years of age when the offense was committed;
(B) delivered only marihuana in an amount equal to or less than one-fourth ounce; and
(C) did not receive remuneration for the delivery.
(c) An offense under this section is a felony of the second degree.
(d) In this section, "child" means a person younger than 18 years of age.
(e) If conduct that is an offense under this section is also an offense under another section of this chapter, the actor may be prosecuted under either section or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 27, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 20, eff. Sept. 1, 2001.
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