Health & Safety Code · §485.033
Volatile Chemicals
Volatile Chemicals is covered under §485.033 and tested on the TCOLE peace officer licensing exam.
To prove this offense, the State must establish each of the following elements: Sale or delivery of abusable volatile chemical; To person under 17; For purposes of inhalation; Class A misdemeanor.
Elements you must prove
- Sale or delivery of abusable volatile chemical
- To person under 17
- For purposes of inhalation
- Class A misdemeanor
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Worked examples
Worked example 1
Sale or distribution of an abusable volatile chemical to a person younger than 17 (HSC §485.033) is what level?
- Class C misdemeanor
- Class A misdemeanor Correct
- State jail felony
- Class B misdemeanor
Why: Selling or delivering an abusable volatile chemical to a minor (under 17) for purposes of inhalation is a Class A misdemeanor.
Statute: Tex. Health & Safety Code §485.033
Statutory definitions for this topic
- Volatile chemical (huffing) Tex. Health & Safety Code §485.031, §485.033
- An abusable chemical inhaled, ingested, applied, or used for the effect on mental processes / to induce intoxication (paint thinner, gasoline, glue, etc.). Abuse: Class B misdemeanor. Sale to minor under 17 for inhalation: Class A.