What happens to penalties if a child is present during the commission of an offense involving Penalty Group 1?

When a child is present during the commission of an offense involving Penalty Group 1 substances, the penalties are increased by one degree. This provision serves to emphasize the seriousness of the crime and the responsibility of the offender, especially given the potential harm to minors involved. The law recognizes that involving a child in such illicit activities is particularly egregious and warrants a more severe response.

The increase in penalties reflects the state's commitment to protecting vulnerable individuals, especially children, and deterring offenders from engaging in drug-related crimes in their presence. This approach underscores the importance of child safety and the broader societal impact of drug offenses, reinforcing that certain actions have more severe consequences when they put children's well-being at risk.