AB68-ASA2-AA7,59,4
3961.455 (title)
Using a child minor for illegal drug distribution or
4manufacturing purposes.
AB68-ASA2-AA7,59,86
961.455
(1) Any
person who has attained the age of 17 years adult who
7knowingly solicits, hires, directs, employs
, or uses a
person who is under the age of
817 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB68-ASA2-AA7,59,1410
961.455
(2) The knowledge requirement under sub. (1) does not require proof
11of knowledge of the age of the
child minor. It is not a defense to a prosecution under
12this section that the actor mistakenly believed that the person solicited, hired,
13directed, employed
, or used under sub. (1) had attained the age of 18 years, even if
14the mistaken belief was reasonable.
AB68-ASA2-AA7,59,21
16961.46 Distribution to persons under age 18 minors. If
a person 17 years
17of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled
18substance or a controlled substance analog to a
person 17 years of age or under minor 19who is at least 3 years his or her junior, the applicable maximum term of
20imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
21more than 5 years.
AB68-ASA2-AA7,59,2423
961.573
(2) Any
person minor who violates sub. (1)
who is under 17 years of age 24is subject to a disposition under s. 938.344 (2e).
AB68-ASA2-AA7,60,32
961.574
(2) Any
person minor who violates sub. (1)
who is under 17 years of age 3is subject to a disposition under s. 938.344 (2e).
AB68-ASA2-AA7,60,85
961.575
(1) Any
person 17 years of age or over adult who violates s. 961.574 (1)
6by delivering drug paraphernalia to a
person 17 years of age or under minor who is
7at least 3 years younger than the violator may be fined not more than $10,000 or
8imprisoned for not more than 9 months or both.
AB68-ASA2-AA7,60,1110
961.575
(2) Any
person minor who violates this section
who is under 17 years
11of age is subject to a disposition under s. 938.344 (2e).
AB68-ASA2-AA7,60,1513
961.575
(3) Any
person 17 years of age or over adult who violates s. 961.574 (3)
14by delivering drug paraphernalia to a
person 17 years of age or under minor is guilty
15of a Class G felony.
AB68-ASA2-AA7,60,2017
990.01
(3) Adult. “Adult" means a person who has attained the age of 18 years
,
18except that for purposes of investigating or prosecuting a person who is alleged to
19have violated any state or federal criminal law or any civil law or municipal
20ordinance, “adult" means a person who has attained the age of 17 years.
AB68-ASA2-AA7,60,2522
990.01
(20) Minor. “Minor" means a person who has not attained the age of
2318 years
, except that for purposes of investigating or prosecuting a person who is
24alleged to have violated a state or federal criminal law or any civil law or municipal
25ordinance, “minor" does not include a person who has attained the age of 17 years.”.
AB68-ASA2-AA7,61,53
961.472
(5) (b) The person is participating in
a an evidence-based substance
4abuse use disorder treatment program
that meets the requirements of s. 165.95 (3),
5as determined by the department of justice
under s. 165.95 (9) and (10).
AB68-ASA2-AA7,61,97
967.11
(1) In this section, “approved
substance abuse treatment program"
8means a
substance abuse treatment program that meets the requirements of s.
9165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).