Sec. 481.140. USE OF CHILD IN COMMISSION OF OFFENSE. (a) If it is shown at the punishment phase of the trial of an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, 481.120, or 481.122 that the defendant used or attempted to use a child younger than 18 years of age to commit or assist in the commission of the offense, the punishment is increased by one degree, unless the defendant used or threatened to use force against the child or another to gain the child's assistance, in which event the punishment for the offense is a felony of the first degree.
(b) Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.
Added by Acts 2001, 77th Leg., ch. 786, Sec. 1, eff. June 14, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 11, eff. September 1, 2021.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle C - Substance Abuse Regulation and Crimes
Chapter 481 - Texas Controlled Substances Act
Subchapter D. Offenses and Penalties
Section 481.101. Criminal Classification
Section 481.102. Penalty Group 1
Section 481.1021. Penalty Group 1-A
Section 481.1022. Penalty Group 1-B
Section 481.103. Penalty Group 2
Section 481.1031. Penalty Group 2-A
Section 481.104. Penalty Group 3
Section 481.105. Penalty Group 4
Section 481.106. Classification of Controlled Substance Analogue
Section 481.108. Preparatory Offenses
Section 481.112. Offense: Manufacture or Delivery of Substance in Penalty Group 1
Section 481.1121. Offense: Manufacture or Delivery of Substance in Penalty Group 1-A
Section 481.1122. Manufacture of Substance in Penalty Group 1: Presence of Child
Section 481.1123. Offense: Manufacture or Delivery of Substance in Penalty Group 1-B
Section 481.113. Offense: Manufacture or Delivery of Substance in Penalty Group 2 or 2-A
Section 481.1131. Cause of Action for Sale or Provision of Synthetic Cannabinoid
Section 481.114. Offense: Manufacture or Delivery of Substance in Penalty Group 3 or 4
Section 481.115. Offense: Possession of Substance in Penalty Group 1 or 1-B
Section 481.1151. Offense: Possession of Substance in Penalty Group 1-A
Section 481.116. Offense: Possession of Substance in Penalty Group 2
Section 481.1161. Offense: Possession of Substance in Penalty Group 2-A
Section 481.117. Offense: Possession of Substance in Penalty Group 3
Section 481.118. Offense: Possession of Substance in Penalty Group 4
Section 481.119. Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances
Section 481.120. Offense: Delivery of Marihuana
Section 481.121. Offense: Possession of Marihuana
Section 481.122. Offense: Delivery of Controlled Substance or Marihuana to Child
Section 481.123. Defense to Prosecution for Offense Involving Controlled Substance Analogue
Section 481.125. Offense: Possession or Delivery of Drug Paraphernalia
Section 481.126. Offense: Illegal Barter, Expenditure, or Investment
Section 481.127. Offense: Unauthorized Disclosure of Information
Section 481.128. Offense and Civil Penalty: Commercial Matters
Section 481.129. Offense: Fraud
Section 481.130. Penalties Under Other Law
Section 481.131. Offense: Diversion of Controlled Substance Property or Plant
Section 481.132. Multiple Prosecutions
Section 481.133. Offense: Falsification of Drug Test Results
Section 481.134. Drug-Free Zones
Section 481.135. Maps as Evidence of Location or Area
Section 481.136. Offense: Unlawful Transfer or Receipt of Chemical Precursor
Section 481.137. Offense: Transfer of Precursor Substance for Unlawful Manufacture
Section 481.138. Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus
Section 481.139. Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture