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