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Affirmative Defense in delivery cases

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December 09, 2008, 18:31
Martha W. Warner
Affirmative Defense in delivery cases
Please help me understand why 481.122(b) HSC is on the books? Maybe I am just tired but it appears that you can't file delivery cases against juveniles if they sell to other kids.

[This message was edited by Shannon Edmonds on 12-10-08 at .]
December 10, 2008, 00:23
Adam Poole
You can you just have to file under 481.120 for regular delivery and not have the increased punishment for delivering to a child. I assume the rationale is just that children are naturally going to associate with other children so its less predatory than when an adult sells narcotics to a child.
December 10, 2008, 09:20
AlexLayman
An adult should know better, even a druggie adult should know better.