§ 24-13. Solicitation to purchase or acquire a controlled substance, controlled substance analogue, dangerous drug, or volatile chemical.  


Latest version.
  • (a)

    Definitions. As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning:

    Controlled substance shall have the meaning ascribed to it by section 1.02(4) of art. 4476-15, Texas Revised Civil Statutes, or any amendments thereto.

    Controlled substance analogue shall have the meaning ascribed to it by section 1.02(5) of art. 4476-15, Texas Revised Civil Statutes or any amendment thereto.

    Dangerous drug shall have the meaning ascribed to it by section 2(a) of art. 4476-14, Texas Revised Civil Statutes or any amendment thereto.

    Prohibited substance shall mean a "controlled substance," "controlled substance analogue," "dangerous drug," "volatile chemical," or any combination thereof.

    Volatile chemical shall mean any of the chemicals, or an isomer of any of the chemicals, listed in Section 2 of Art 4476-13a, Texas Revised Civil Statutes, or any amendment thereto.

    (b)

    A person commits an offense if, with intent to acquire a prohibited substance, he requests, commands or attempts to induce another to sell, donate or otherwise transfer or deliver a prohibited substance to the person.

    (c)

    A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.

    (d)

    It is no defense to prosecution under this section that:

    (1)

    No monetary or other consideration was tendered to the person solicited; or

    (2)

    That the person solicited was unable or unwilling to transfer or deliver a prohibited substance.

    (e)

    It is an affirmative defense to any prosecution under this section that:

    (1)

    The solicitation is made in furtherance of a transaction which would not constitute a violation of any applicable law; or

    (2)

    The solicitation is made by a peace officer or federal law enforcement officer in the lawful discharge of his duties or by a law enforcement agent acting in the lawful discharge of an official duty.

    (f)

    Violation of this section shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than one hundred dollars ($100.00), nor more than two thousand dollars ($2,000.00). However, any conduct prescribed hereunder which also constitutes an offense under state law shall not be prosecuted under this section, but shall be prosecuted pursuant to and punishable as provided by the applicable state law. An offense under this section is not a lesser included offense under Art. 4476-15, Art. 4476-14 or Art. 4476-13a, Texas Revised Civil Statutes Annotated.

(Ord. No. 91-94, § 2, 11-14-91)