(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. The meaning ascribed to it by Tex. Health and Safety Code § 481.002(5), or any amendments thereto.
CONTROLLED SUBSTANCE ANALOGUE. The meaning ascribed to it by Tex. Health and Safety Code § 481.002(6), or any amendment thereto.
DANGEROUS DRUG. The meaning ascribed to it by Tex. Health and Safety Code § 483.001(2), or any amendment thereto.
PROHIBITED SUBSTANCE. A controlled substance, controlled substance analogue, dangerous drug, volatile chemical or any combination thereof.
VOLATILE CHEMICAL. Any of the chemicals, or an isomer of any of the chemicals, as defined by state law.
(B) A person commits an offense with intent to acquire a prohibited substance if he or she requests, commands or attempts to induce another to sell, donate or otherwise transfer or deliver a prohibited substance to the person.
(C) A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited unless the solicitation is made under circumstances corroborative of both the solicitation itself and the actor’s intent that the other person act on the solicitation.
(D) It is no defense to prosecution under this section that:
(1) No monetary or other consideration was tendered to the person solicited; and/or
(2) The person solicited was unable or unwilling to transfer or deliver a prohibited substance.
(E) It is an affirmative defense to any prosecution under this section that:
(1) The solicitation is made in furtherance of a transaction which would not constitute a violation of any applicable law; and/or
(2) The solicitation is made by a peace officer or federal law enforcement officer in the lawful discharge of his or her duties or by a law enforcement agent acting in the lawful discharge of an official duty.
(1998 Code, § 78-9) Penalty, see § 130.99