Texas Health and Safety Code 485.032 – Delivery to a Minor
(a) A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than 18 years of age.
(b) It is a defense to prosecution under this section that:
(1) the abusable volatile chemical that was delivered contains additive material that effectively discourages intentional abuse by inhalation; or
(2) the person making the delivery is not the manufacturer of the chemical and the manufacturer of the chemical failed to label the chemical with the statement of principal hazard on the principal display panel “VAPOR HARMFUL” or other labeling requirement subsequently established under the Federal Hazardous Substances Act (15 U.S.C. § 1261 et seq.), as amended, or regulations subsequently adopted under that Act.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Health and Safety Code 485.032
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) It is an affirmative defense to prosecution under this section that:
(1) the person making the delivery is an adult having supervisory responsibility over the person younger than 18 years of age and:
(A) the adult permits the use of the abusable volatile chemical only under the adult’s direct supervision and in the adult’s presence and only for its intended purpose; and
(B) the adult removes the chemical from the person younger than 18 years of age on completion of that use; or
(2) the person to whom the abusable volatile chemical was delivered presented to the defendant an apparently valid Texas driver’s license or an identification certificate, issued by the Department of Public Safety of the State of Texas and containing a physical description consistent with the person’s appearance, that purported to establish that the person was 18 years of age or older.
(d) Except as provided by Subsections (e) and (f), an offense under this section is a state jail felony.
(e) An offense under this section is a Class B misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant’s employer held a volatile chemical sales permit for the location of the sale.
(f) An offense under this section is a Class A misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant’s employer:
(1) did not hold a volatile chemical sales permit but did hold a sales tax permit for the location of the sale; and
(2) had not been convicted previously under this section for an offense committed after January 1, 1988.