What is a school zone violation?
Under Massachusetts General Laws Chapter 94C, Section 32J there is a mandatory term of imprisonment for school zone violations. A school zone violation occurs when a person commits a drug crime within 300 feet of a school between midnight and 5 am.
School zone charges have changed recently so now they are less stringent. With the previous law, if a person was dealing drugs in a "school zone" they would face jail. In the past, the sentence was a flat two years in jail. No good time could accrue and that person had to spend two years behind bars. The ideal is to prevent drug sales to kids and to keep schools drug free zones.
However, the law also could apply to stellar students who simply gave a joint to a friend. The distribution did not have to be hard drugs. Nor the drugs sold for money. The drugs also did not have to come from a known dealer. In fact, in the past, the rule was 1000 feet from the school. Sometimes the police arrest people for school zones violations while not knowing they are in a school zone.
Moreover, the transaction could have nothing to do with school or students. There were also situations where the transaction occurred during the weekend or when school was not in session. It did not matter, and people went to jail for mandatory sentences. Now the law is more targeted.
What needs to happen to commit a school zone violation?
First, if a defendant is found guilty of the charge of:
…the jury will go on to consider whether the government has proven beyond a reasonable doubt that:
- The offense committed WITHIN 300 feet of the real property comprising:
- A public preschool
- A Headstart facility
- An Elementary school
- A Vocational school
- A secondary school
- Accredited preschool
- Headstart facility
- Accredited elementary school
- Private vocational school
- A private secondary school
- The offense committed between five o’clock in the morning and twelve o’clock midnight
Moreover, note that it does not matter whether or not the school was in session. The Commonwealth must prove beyond a reasonable doubt that the offense occurred between these times.
What if I did not know I was in a school zone?
It doesn't matter. It is NOT necessary for the Commonwealth to prove that the defendant knew thathe or she was within 300 feet of the real property of a school, preschool, or Headstart facility.
The size of the school zone area has been officially reduced from 1,000 feet to 300 feet. Moreover, the scope of the statute has also been limited.
Is there a minimum mandatory sentence for a school zone violation?
YES, there is a mandatory minimum term of imprisonment.
Isn't it unconstitutional to convict someone of a school zone violation when they did not know that they were in one?
NO, the statute on park zone drug violations does NOT violate the defendant’s constitutional right to due process in providing that a lack of knowledge of the defendant’s drug dealing was within 1000 feet (300 feet as of August 2, 2012) of a school. Lack of knowledge also does NOT violate double jeopardy principles by requiring a separate mandatory sentence for the underlying drug offense upon conviction.
How are the boundaries of a school or public park or playground measured?
The statute on park zone drug violations does NOT specify any particular method for establishing the boundaries of a school or public park or playground.
In the case of a school, the courts have ruled that under normal circumstances, the measurement should be a straight line from the school’s boundary line to the site of the illegal drug activity. The Commonwealth does not need to establish the exact point of a school boundary if measurement is taken from a point that is reasonably inferable to be located on property used for school purposes.
In addition, the front door of an apartment building is the starting point of measurement on the school property.
Just as a principle of a school or an arresting officer can testify as to the type of school specified in the school zone statute based on his or her personal knowledge, a principal of a school or a police officer can testify as to the boundaries of the school from his or her personal knowledge.
How does the “surrounding land” of a school factor into determining school boundaries?
The “real property” comprising a school can include undeveloped and unused land that is within the boundaries of the school’s property and contiguous to the school’s developed real estate.
A boundary line circumscribes a public elementary school building together with adjacent school land areas that are contiguous, and not separated by intervening land under different jurisdiction. The statute is violated when the defendant’s activity occurs within 1000 feet (300 feet as of August 2, 2012) of such a boundary line. The statute does not require that the property in question be owned by the school department or used for school purposes.
Is a school that is just a kindergarten legally considered to be an “elementary school?”
A school consisting only of a kindergarten is NOT an “elementary school” for purposes of the school zone drug violation statute since the dictionary definition of an elementary school is a school for the first six or eight grades.
What is a park zone drug violation?
If the court find the defendant guilty of:
…the jury will consider whether the Commonwealth proved beyond a reasonable doubt that the offense was a park zone offense.
Moreover, it is NOT necessary for the Commonwealth to prove that the defendant knew he or she was within 100 feet from a public park or playground.
Is a park zone drug violation a separate offense from distributing or possessing a controlled substance?
A park zone drug violation can indeed be charged separately from other drug offenses.
Definitions of “park” and “playground” are based on dictionary definitions, case law, and statutes.
Is there a mandatory minimum sentence for a park zone violation?
YES, there is also a mandatory minimum term of imprisonment.
Isn't it unconstitutional to convict someone of a park zone violation when they did not know that they were in one?
NO, the statute on park zone drug violations does NOT violate the defendant’s constitutional right to due process in providing that a lack of knowledge that the defendant’s drug dealing was within 100 feet of a public park or playground is not a defense. Lack of knowledge also does not violate double jeopardy principles.
How are the boundaries of a school or public park or playground measured?
The statute on park zone drug violations does NOT specify any particular method for establishing boundaries.
In the case of a school, the courts have ruled that under normal circumstances, the measurement should be a straight line from the school’s boundary line to the site of the illegal drug activity. The Commonwealth does not need to establish the exact point of a school boundary if measurement is taken from a point that is reasonably inferable to be located on property used for school purposes.
The front door of an apartment building should suffice as the starting point of measurement on the school property.
A principal of a school can testify as to the boundaries of the school from his or her personal knowledge.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A SCHOOL ZONE DRUG VIOLATION, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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