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 years old 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 be punishable as follows:
(1) If the minor was more than 13 years of age, then as a felony that is one class 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 a felony 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 intentionally uses a minor to violate G.S. 90-95(a)(1) shall be guilty of a felony. An offense under this subsection shall be punishable as follows:
(1) If the minor was more than 13 years of age, then as a felony that 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 a felony 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 a prosecution under this section.
(d) The term "minor" as used in this section is defined 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).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 5 - North Carolina Controlled Substances Act.
§ 90-88 - Authority to control.
§ 90-89 - Schedule I controlled substances.
§ 90-89.1 - Treatment of controlled substance analogues.
§ 90-90 - Schedule II controlled substances.
§ 90-91 - Schedule III controlled substances.
§ 90-92 - Schedule IV controlled substances.
§ 90-93 - Schedule V controlled substances.
§ 90-94 - Schedule VI controlled substances.
§ 90-94.1 - Exemption for use or possession of hemp extract.
§ 90-95 - Violations; penalties.
§ 90-95.1 - Continuing criminal enterprise.
§ 90-95.2 - Cooperation between law-enforcement agencies.
§ 90-95.4 - Employing or intentionally using minor to commit a drug law violation.
§ 90-95.5 - Civil liability employing a minor to commit a drug offense.
§ 90-95.6 - Promoting drug sales by a minor.
§ 90-95.7 - Participating in a drug violation by a minor.
§ 90-96 - Conditional discharge for first offense.
§ 90-96.1 - Immunity from prosecution for minors.
§ 90-96.2 - Drug-related overdose treatment; limited immunity.
§ 90-98 - Attempt and conspiracy; penalties.
§ 90-99 - Republishing of schedules.
§ 90-102 - Additional provisions as to registration.
§ 90-103 - Revocation or suspension of registration.
§ 90-104 - Records of registrants or practitioners.
§ 90-106 - Prescriptions and labeling.
§ 90-106.1 - Photo ID requirement for Schedule II controlled substances.
§ 90-106.2 - Recodified as G.S90-12.7 by Session Laws 2016-17, s1, effective June 20, 2016.
§ 90-107 - Prescriptions, stocks, etc., open to inspection by officials.
§ 90-107.1 - Certified diversion investigator access to prescription records.
§ 90-108 - Prohibited acts; penalties.
§ 90-109 - Licensing required.
§ 90-111 - Cooperative arrangements.
§ 90-112.1 - Remission or mitigation of forfeitures; possession pending trial.
§ 90-113.1 - Burden of proof; liabilities.
§ 90-113.3 - Education and research.
§ 90-113.6 - Payments and advances.