What is manufacturing meth with a child present?
Arizona prohibits the manufacturing of Methamphetamine that causes injury to a person under fifteen years of age. In order to convict someone of this crime, the State must prove beyond a reasonable doubt that:
- The accused knowingly manufactured methamphetamine and,
- The manufacture caused physical injury, and
- The person was under fifteen years old.
The manufacturing includes to produce, prepare, propagate, compound, mix pr process, by extraction from natural substances, or by chemical synthesis or its combination.
Manufacture also includes any packaging or repackaging or labeling or relabeling of containers.
Physical injury is defined as the impairment of physical condition.Suspected physical injury's caused by the exposure to methamphetamine vapors and chemicals at a low level are headache, nausea, dizziness, and fatigue.
Toxic high Levels of exposure may cause shortness of breath, coughing, chest pain, dizziness, lack of coordination, eye and tissue irritation, chemical burns to the skin, eyes, mouth, nose, and death.
Chronic exposure to methamphetamine manufacturing may cause cancer, (lymphoma and leukemia), brain damage, liver, kidney, spleen and immunity issues, or birth defects.
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.
Penalties for Manufacturing Meth with a Child Present
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.
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