Health & Safety Code · §481.140

Use of Child in Commission of Drug Offense

Use of Child in Commission of Drug Offense (§481.140): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Child younger than 18 used or attempted to be used to commit or assist
  • Listed offenses punishable as state jail, third- or second-degree felony
  • Punishment increased one degree; first degree if force or threats used
  • No concurrent sentence (§481.140(b))

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Worked examples

Worked example 1

At the punishment phase of a trial for delivery of a controlled substance otherwise punishable as a second-degree felony, it is shown that the defendant used a 16-year-old to assist in the delivery, without force or threats. Under HSC §481.140, the punishment is:

  1. Unchanged — §481.140 applies only to children younger than 14
  2. Increased by one degree, to a first-degree felony Correct
  3. Increased by two degrees
  4. Reduced, because the child was the one who delivered the drugs
Why: §481.140(a): if it is shown at the punishment phase of the trial of an offense otherwise punishable as a state jail felony, third-degree felony, or second-degree felony under §481.112, 481.1121, 481.1123, 481.113, 481.114, 481.120, or 481.122 that the defendant used or attempted to use a child younger than 18 to commit or assist in the offense, the punishment is increased by one degree. If the defendant used or threatened force against the child or another to gain the child's assistance, the offense is a first-degree felony. A sentence increased under this section may not run concurrently with any other sentence the court imposes (§481.140(b)).
Statute: Tex. Health & Safety Code §481.140