State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-95_4

§ 90‑95.4. Employing or intentionally using minor to commit a drug law violation.

(a)        A person who is at least 18 years old but less than 21 yearsold who hires or intentionally uses a minor to violate G.S. 90‑95(a)(1)shall be guilty of a felony. An offense under this subsection shall bepunishable as follows:

(1)        If the minor was more than 13 years of age, then as a felonythat is one class more severe than the violation of G.S. 90‑95(a)(1) forwhich the minor was hired or intentionally used.

(2)        If the minor was 13 years of age or younger, then as afelony that is two classes more severe than the violation of G.S. 90‑95(a)(1)for which the minor was hired or intentionally used.

(b)        A person 21 years of age or older who hires or intentionallyuses a minor to violate G.S. 90‑95(a)(1) shall be guilty of a felony. Anoffense under this subsection shall be punishable as follows:

(1)        If the minor was more than 13 years of age, then as a felonythat is three classes more severe than the violation of G.S. 90‑95(a)(1)for which the minor was hired or intentionally used.

(2)        If the minor was 13 years of age or younger, then as afelony that is four classes more severe than the violation of G.S. 90‑95(a)(1)for which the minor was hired or intentionally used.

(c)        Mistake of Age. – Mistake of age is not a defense to aprosecution under this section.

(d)        The term "minor" as used in this section isdefined as an individual who is less than 18 years of age. (1989 (Reg. Sess., 1990), c. 1081, s. 1; 1998‑212,s. 17.16(f).)