Defenses to charge of selling narcotics near school or family
housing
&BTN.In (a)(3) after "cocaine," insert in bold "a". In (a)(3) after
"methamphetamine, or" insert in bold "a".
Sec. 16. (a) For an offense under this chapter that requires
proof of:
(1) delivery of cocaine, a narcotic drug,
methamphetamine, or a controlled substance;
(2) financing the delivery of cocaine, a narcotic
drug, methamphetamine, or a controlled substance;
or
(3) possession of cocaine, narcotic drug,
methamphetamine, or controlled substance;
within one thousand (1,000) feet of school property, a public park,
a family housing complex, or a youth program center, the person
charged may assert the defense in subsection (b) or (c).
(b) It is a defense for a person charged under this chapter
with an offense that contains an element listed in subsection (a) that:
(1) a person was briefly in, on, or within one
thousand (1,000) feet of school property, a public
park, a family housing complex, or a youth program
center; and
(2) no person under eighteen (18) years of age at
least three (3) years junior to the person was in, on,
or within one thousand (1,000) feet of the school
property, public park, family housing complex, or
youth program center at the time of the offense.
(c) It is a defense for a person charged under this chapter
with an offense that contains an element listed in subsection (a) that
a person was in, on, or within one thousand (1,000) feet of school
property, a public park, a family housing complex, or a youth
program center at the request or suggestion of a law enforcement
officer or an agent of a law enforcement officer.
(d) The defense under this section applies only to the
element of the offense that requires proof that the delivery, financing
of the delivery, or possession of cocaine, a narcotic drug,
methamphetamine, or a controlled substance occurred in, on, or
within one thousand (1,000) feet of school property, a public park,
a family housing complex, or a youth program center.
As added by P.L.17-2001, SEC.29.
Last modified: May 24, 2006