Drug Trafficking to Minors Mandatory Minimum Sentence

Section 6314 of the Crimes Code, referred to as Drug Trafficking to Minors, imposes a one-year mandatory minimum sentence if a person delivers or possesses with the intent to deliver a controlled substance to a person under the age of 18. An additional two-year sentence is imposed if:

  • The offense occurred on a school bus or within 500 feet of school bus stop.
  • The offense was committed within 1,000 feet of a school, college, or university.
  • The offense was intended to engage the minor in trafficking, transporting, delivering, manufacturing, or selling.
  • The offense was committed with the intent to promote the habitual use of a controlled substance.

School Need Not Be in Session for the Sentence Enhancement to Apply

In order for the additional two-year minimum sentence to apply, it is not required that school actually be in session. A Pennsylvania court held that even though the delivery of the drug occurred during the summer months after school had let out, the delivery still occurred within 500 feet of a bus stop and thereby triggered the drug trafficking to minor mandatory minimum sentence.

Charged With a Drug Offense? Get a Free Initial Consultation.

Criminal defense attorney Jason S. Dunkle has been representing people charged with misdemeanor drug possession charges and felony drug delivery, possession with intent to deliver, and manufacturing charges since 2004.

With our office located just a block from the main campus of Penn State University, we often represent Penn State students and alumni. For a free consultation, call us at (814) 954-7622 or contact us by email.

By Jason Dunkle on G+