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HS 11353 Adult's Employment of Minor for Unlawful Transactions

Fresno Criminal Defense and Narcotics Crimes Defense Lawyer Jonathan Rooker can help you.  Have you been accused of using a minor to conduct drug sales or purchases?  Are you being prosecuted for providing drugs to a juvenile?  Giving drugs to a Minor, Distribution of narcotics to a juvenile, Employing a Juvenile to distribute narcotics

Narcotic Offense in the Central Valley?

The Fresno, Madera, and Tulare County areas are notorious as high trafficking areas for narcotics.  The "99 Corridor" which consists of Highway 99 has long been used to transport narcotics, and precursors of narcotics for distribution and manufacture.  The rural farm land that comprises the Hanford, Fresno County, Kings County, Visalia, Tulare County, and Madera County areas each hold title to being common sites for manufacture and distribution of narcotics.

Distribution of narcotics by adults carries harsh penalties.  Many distributors began using minors to distribute narcotics for them, as minors generally receive less harsh sentences than the their adult counterparts.  The legal system has created legislature that punishes these individuals for precisely this activity.  Sometimes, this law ends up punishing adults who are innocent, due to minors blaming adults to avoid punishment themselves.

If you have been accused of providing narcotics to minors for distribution, you may want to consult with an experienced criminal defense attorney who can review you case with you and properly advise you on how t proceed.

HS 11353 Adult's Employment of Minor for Unlawful Transactions

Every person 18 years of age or over, (a) who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that the minor shall violate any provision of this chapter or Section 11550 with respect to either (1) a controlled substance which is specified in subdivision (b), (c), or (e), or paragraph (14, (15), or (20) of subdivision (d) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, (b) who hires, employs, or uses a minor to unlawfully transport, carry, sell, give away, prepare for sale, or peddle any such controlled substance, or (c) who unlawfully sells, furnishes, administers, gives, or offers to sell, furnish, administer, or give, any such controlled substance to a minor, shall be punished by imprisonment in the state prison for a period of three, six, or nine years.

What are the elements of HS 11353?

1.  Defendant voluntarily solicited, induced, encouraged, or intimidated a minor, to commit an act or engage in conduct that violates the provisions of the Health and Safety Code.

2. At the time, minor was a person under eighteen years of age.

3.  In so doing, defendant specifically intended that minor should commit an act or engage in conduct that would violate the provisions of the Health and safety Code.

4. Defendant who solicited who solicited was eighteen years of age or older.

Can I go to prison if I am convicted of violating HS 11353 and providing narcotics (drugs) to a minor?

Yes, you can be sentenced to 3, 6, or 9 years in State prison if you are convicted of violating this Health and Safety Code, Section 11353.

Is a violating of HS 11353 considered a Strike under the 3 Strikes Law?

Yes, a violating of HS Code Section  11353 is considered a Strike under the 3 Strikes Law.

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Jonathan Rooker

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