What is the penalty for manufacturing meth with a child?
A person shall not knowingly manufacture methamphetamine under any circumstance that causes physical injury to a minor who is under fifteen years of age.
A person who violates this section is guilty of a class 2 felony and is punishable as provided by 13-705.
Conducting a meth lab while a child under 15 years old is present, the state presumes that the vapors, which are toxic, will be breathed by the minor. Inhaling toxic vapors can cause injury to the child.
This scenario usually takes place at home while cooking meth. It can also take place at any location when there is a minor under 15 years old present.
The state can use an expert medical person to express their opinion that inhaling toxic vapors causes injury. This opinion is rebuttable by other experts when as physical symptoms are present. The state must prove the injury was caused by the toxic vapor that injured the child by proof beyond a reasonable doubt.
A class 2 felony can be 5 years presumptive 10 aggravated however under 13-705 it would be punish as a dangerous crime against children which carries a presumptive sentence of 17 yrs and mitigated sentence 10 years and aggravated sentence of 24 years for a first offense.