Transcript SBLE Health & Safety Code

Institute for Criminal Justice Studies
§ HSC 161.121. DEFINITIONS.
In this subchapter:
(1)"Church" means a facility that is owned by a
religious organization and that is used primarily for
religious services.
(2) "Cigarette" has the meaning assigned by Section
154.001, Tax Code.
(3) "School" means a private or public elementary or
secondary school.
(4) "Sign" means an outdoor medium, including a
structure, display, light device, figure, painting,
drawing, message, plaque, poster, or billboard, that
is: (A) used to advertise or inform; and (B) visible
from the main-traveled way of a street or highway.
§ HSC 161.121. DEFINITIONS –Continued:
(5) "Tobacco product" has the meaning assigned by
Section 155.001, Tax Code.
§ HSC 161.082. SALE OF CIGARETTES OR
TOBACCO PRODUCTS TO PERSONS
YOUNGER THAN 18 YEARS OF AGE
PROHIBITED; PROOF OF AGE REQUIRED.
Statute Text
(a) A person commits an offense if the person, with
criminal negligence:
(1) sells, gives, or causes to be sold or given a
cigarette or tobacco product to someone who is
younger than 18 years of age; or
(2) sells, gives, or causes to be sold or given a
cigarette or tobacco product to another person who
intends to deliver it to someone who is younger
than 18 years of age.
§ HSC 161.082. SALE OF CIGARETTES OR
TOBACCO PRODUCTS TO PERSONS
YOUNGER THAN 18 YEARS OF AGE
PROHIBITED; PROOF OF AGE REQUIRED – Continued:
(b) If an offense under this section occurs in
connection with a sale by an employee of the
owner of a store in which cigarettes or tobacco
products are sold at retail, the employee is
criminally responsible for the offense and is subject
to prosecution.
(c) An offense under this section is a Class C
misdemeanor.
§ HSC 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO
PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED;
PROOF OF AGE REQUIRED – Continued:
(d) It is a defense to prosecution under Subsection
(a)(1) that the person to whom the cigarette or
tobacco product was sold or given presented to the
defendant apparently valid proof of identification.
(e) A proof of identification satisfies the requirements
of Subsection (d) if it contains a physical
description and photograph consistent with the
person's appearance, purports to establish that the
person is 18 years of age or older, and was issued
by a governmental agency. The proof of identification may
include a driver's license issued by this state or another state, a
passport, or an identification card issued by a state or the federal
government.
§ HSC 161.252. POSSESSION, PURCHASE,
CONSUMPTION, OR RECEIPT OF CIGARETTES
OR TOBACCO PRODUCTS BY MINORS
PROHIBITED.
Statute Text
(a) An individual who is younger than 18 years of age
commits an offense if the individual:
(1) possesses, purchases, consumes, or accepts a
cigarette or tobacco product; or
(2) falsely represents himself or herself to be 18
years of age or older by displaying proof of age that
is false, fraudulent, or not actually proof of the
individual's own age in order to obtain possession of,
purchase, or receive a cigarette or tobacco product.
§ HSC 161.252. POSSESSION, PURCHASE,
CONSUMPTION, OR RECEIPT OF CIGARETTES OR
TOBACCO PRODUCTS BY MINORS PROHIBITED –
Continued:
(b) It is an exception to the application of this section
that the individual younger than 18 years of age
possessed the cigarette or tobacco product in the
presence of:
(1) an adult parent, a guardian, or a spouse of the
individual; or
(2) an employer of the individual, if possession or
receipt of the tobacco product is required in the
performance of the employee's duties as an
employee.
§ HSC 161.252. POSSESSION, PURCHASE,
CONSUMPTION, OR RECEIPT OF CIGARETTES OR
TOBACCO PRODUCTS BY MINORS PROHIBITED –
Continued:
(c) It is an exception to the application of this section
that the individual younger than 18 years of age is
participating in an inspection or test of compliance
in accordance with Section 161.088.
(d) An offense under this section is punishable by a
fine not to exceed $250.
§ HSC 481.121. Offense: Possession of
Marihuana.
Statute text
(a) Except as authorized by this chapter, a person
commits an offense if the person knowingly or
intentionally possesses a usable quantity of
marihuana.
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of
marihuana possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of
marihuana possessed is four ounces or less
but more than two ounces;
§ HSC 481.121. Offense: Possession of
Marihuana – Continued:
(b)
(3) a state jail felony if the amount of
marihuana possessed is five pounds or less
but more than four ounces;
(4) a felony of the third degree if the amount
of marihuana possessed is 50 pounds or
less but more than 5 pounds;
(5) a felony of the second degree if the
amount of marihuana possessed is 2,000
pounds or less but more than 50 pounds;
and
§ HSC 481.121. Offense: Possession of
Marihuana – Continued:
(b)
(6) punishable by imprisonment in the
institutional division of the Texas Department
of Criminal Justice for life or for a term of not
more than 99 years or less than 5 years, and
a fine not to exceed $50,000, if the amount
of marihuana possessed is more than 2,000
pounds.
§ HSC 481.125. Offense: Possession or
Delivery of Drug Paraphernalia.
Statute text
(a) A person commits an offense if the person
knowingly or intentionally uses or possesses
with intent to use drug paraphernalia to plant,
propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack,
store, contain, or conceal a controlled
substance in violation of this chapter or to
inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance in
violation of this chapter.
§ HSC 481.125. Offense: Possession or Delivery
of Drug Paraphernalia – Continued:
(b) A person commits an offense if the person
knowingly or intentionally delivers, possesses with
intent to deliver, or manufactures with intent to
deliver drug paraphernalia knowing that the person
who receives or who is intended to receive the drug
paraphernalia intends that it be used to plant,
propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, or conceal a
controlled substance in violation of this chapter or to
inject, ingest, inhale, or otherwise introduce into the
human body a controlled substance in violation of
this chapter.
§ HSC 481.125. Offense: Possession or Delivery
of Drug Paraphernalia – Continued:
(c) A person commits an offense if the person
commits an offense under Subsection (b), is 18
years of age or older, and the person who receives
or who is intended to receive the drug paraphernalia
is younger than 18 years of age and at least three
years younger than the actor.
(d) An offense under Subsection (a) is a Class C
misdemeanor.
§ HSC 481.125. Offense: Possession or Delivery
of Drug Paraphernalia – Continued:
(e) An offense under Subsection (b) is a Class A
misdemeanor, unless it is shown on the trial of a
defendant that the defendant has previously been
convicted under Subsection (b) or (c), in which
event the offense is punishable by confinement in
jail for a term of not more than one year or less than
90 days.
(f) An offense under Subsection (c) is a state jail
felony.
HEALTH & SAFETY CODE - Subchapter D.
Offenses and Penalties (possession & Use of Illegal Drugs).
481.101. Criminal Classification.
481.102. Penalty Group 1.
481.1021. Penalty Group 1-a.
481.103. Penalty Group 2.
481.104. Penalty Group 3.
481.105. Penalty Group 4.
481.106. Classification of Controlled Substance
Analogue.
481.108. Preparatory Offenses.
481.111. Exemptions.
481.112. Offense: Manufacture or Delivery of
Substance In Penalty Group 1.
HEALTH & SAFETY CODE - Subchapter D.
Offenses and Penalties (possession & Use of Illegal Drugs).
Substance In Penalty Group 1.
481.1121. Offense: Manufacture or Delivery of
Substance In Penalty Group 1-a.
481.113. Offense: Manufacture or Delivery of
Substance In Penalty Group 2.
481.114. Offense: Manufacture or Delivery of
Substance In Penalty Group 3 or 4.
481.115. Offense: Possession of Substance In
Penalty Group 1.
481.1151. Offense: Possession of Substance In
Penalty Group 1-a.
481.116. Offense: Possession of Substance In
HEALTH & SAFETY CODE - Subchapter D.
Offenses and Penalties (possession & Use of Illegal Drugs).
Penalty Group 2.
481.117. Offense: Possession of Substance In
Penalty Group 3.
481.118. Offense: Possession of Substance In
Penalty Group 4.
481.119. Offense: Manufacture, Delivery, or
Possession of Miscellaneous Substances.
481.120. Offense: Delivery of Marihuana.
481.121. Offense: Possession of Marihuana.
481.122. Offense: Delivery of Controlled Substance
or Marihuana to Child.
481.123. Defense to Prosecution for Offense
Involving Controlled Substance Analogue.
HEALTH & SAFETY CODE - Subchapter D.
Offenses and Penalties (possession & Use of Illegal Drugs).
Penalty Group 2 – Continued:
481.117. Offense: Possession of Substance In
Penalty Group 3.
481.118. Offense: Possession of Substance In
Penalty Group 4.
481.119. Offense: Manufacture, Delivery, or
Possession of Miscellaneous Substances.
481.120. Offense: Delivery of Marihuana.
481.121. Offense: Possession of Marihuana.
481.122. Offense: Delivery of Controlled Substance
or Marihuana to Child.
HEALTH & SAFETY CODE - Subchapter D.
Offenses and Penalties (possession & Use of Illegal Drugs).
Penalty Group 4 – Continued:
481.123. Defense to Prosecution for Offense
Involving Controlled Substance Analogue.
481.124. Offense: Possession or Transport of
Certain Chemicals With Intent to Manufacture
Controlled Substance.
481.1245. Offense: Possession or Transport of
Anhydrous Ammonia; Use of or Tampering with
Equipment.
481.125. Offense: Possession or Delivery of Drug
Paraphernalia.
481.126. Offense: Illegal Barter, Expenditure, or
Investment.
HEALTH & SAFETY CODE - Subchapter D.
Offenses and Penalties (possession & Use of Illegal Drugs).
Penalty Group 4 – Continued:
481.127. Offense: Unauthorized Disclosure of
Information.
481.128. Offense and Civil Penalty: Commercial
Matters.
481.129. Offense: Fraud.
481.130. Penalties Under Other Law.
481.131. Offense: Diversion of Controlled
Substance Property or Plant.
481.132. Multiple Prosecutions.
481.133. Offense: Falsification of Drug Test Results.
481.134. Drug-free Zones.
481.135. Maps as Evidence of Location or Area.
HEALTH & SAFETY CODE - Subchapter D.
Offenses and Penalties (possession & Use of Illegal Drugs).
Penalty Group 4 – Continued:
481.136. Offense: Unlawful Transfer or Receipt of
Chemical Precursor.
481.137. Offense: Transfer of Precursor Substance
for Unlawful Manufacture.
481.138. Offense: Unlawful Transfer or Receipt of
Chemical Laboratory Apparatus.
481.139. Offense: Transfer of Chemical Laboratory
Apparatus for Unlawful Manufacture.
481.140. Use of Child In Commission of Offense.
481.141. Manufacture or Delivery of Controlled
Substance Causing Death or Serious Bodily Injury.