§ 16-5-73 — Prohibition against presence of children during manufacture of methamphetamine; punishment

(a) As used in this Code section, the term: (1) "Chemical substance" means anhydrous ammonia, as defined in Code Section 16-11-111 ; ephedrine, pseudoephedrine, or phenylpropanolamine, as those terms are defined in Code Section 16-13-30.3 ; or any other chemical used in the manufacture of methamphetamine. (2) "Child" means any individual who is under the age of 18 years. (3) "Intent to manufacture" means but is not limited to the intent to manufacture methamphetamine, which may be demonstrated by a chemical substance's usage, quantity, or manner or method of storage, including but not limited to storing it in proximity to another chemical substance or equipment used to manufacture methamphetamine. (4) "Methamphetamine" means methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Code Section 16-13-26 . (5) "Serious injury" means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, the substantial disfigurement of the body or of a member of the body, or an injury which is life threatening. (b) (1) Any person who intentionally causes or permits a child to be present where any person is manufacturing methamphetamine or possessing a chemical substance with the intent to manufacture methamphetamine shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years. (2) Any person who violates paragraph (1) of this subsection wherein a child receives serious injury as a result of such violation shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.

Legislative History

Amended by 2005 Ga. Laws 19,§ 16, eff. 4/7/2005. Added by 2004 Ga. Laws 439, § 4, eff. 7/1/2004.