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

As used in this Code section, the term:#

1. (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. (2)

   ‘‘Child’’ means any individual who is under the age of 18 years.#

3. (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. (4)

   ‘‘Methamphetamine’’ means methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Code Section 16-13-26.#

5. (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.#

1. (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. (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.#