§ 5-64-406 — Delivery to minors - Enhanced penalties

(a) Any person eighteen (18) years of age or older who violates § 5-64-422 , § 5-64-426 , or § 5-64-440 by delivering or trafficking a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-422 , § 5-64-426 , or § 5-64-440 , a term of imprisonment of up to two (2) times that authorized by § 5-64-422 , § 5-64-426 , or § 5-64-440 , or both. (b) Any person eighteen (18) years of age or older who violates § 5-64-426 , § 5-64-430 , § 5-64-434 , § 5-64-438 , or § 5-64-440 by delivering or trafficking any other controlled substance to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-426 , § 5-64-430 , § 5-64-434 , § 5-64-438 , or § 5-64-440 , a term of imprisonment up to two (2) times that authorized by § 5-64-426 , § 5-64-430 , § 5-64-434 , § 5-64-438 , or § 5-64-440 , or both. (c) A person who is not otherwise subject to an enhancement to his or her sentence as provided in subsection (a) or subsection (b) of this section and is convicted of delivering a controlled substance to a person under eighteen (18) years of age is subject to an additional term of imprisonment of ten (10) years.

Legislative History

Acts 1971, No. 590, Art. 4, § 6; A.S.A. 1947, § 82-2622; Acts 2005, No. 1994, § 475; 2011, No. 570, § 38.