Commonwealth v. Montalvo

In her charge to the jury describing the crime of exploiting a minor to distribute drugs, G. L. c. 94C, § 32K, the trial judge, over objection, instructed that the Commonwealth was not required to prove the defendant knew that the girl he was using to sell drugs was under age eighteen. In his appeal, the defendant, relying on Commonwealth v. Kirkpatrick, 44 Mass. App. Ct. 355, 357 (1998), cites that aspect of the judge’s charge as a primary error. The defendant was convicted of the exploitation count and was also convicted of unlawful distribution of marijuana (G. L. c. 94C, § 32C[o]),…