13-3410. Serious drug offender; sentencing;
definitions
A. A person who is at least eighteen years of age or who has been tried as an adult
and who stands convicted of a serious drug offense and who committed the offense as part
of a pattern of engaging in conduct prohibited by this chapter, which constituted a
significant source of the person's income, shall be sentenced to life imprisonment and is
not eligible for suspension of sentence, probation, pardon or release from confinement on
any basis until the person has served not less than twenty-five years or the sentence is
commuted.
B. A person who is at least eighteen years of age or who has been tried as an adult
and who stands convicted of a serious drug offense and who committed the offense as part
of the person's association with and participation in the conduct of an enterprise as
defined in section 13-2301, subsection D, paragraph 2, which is engaged in dealing in
substances controlled by this chapter, and who organized, managed, directed, supervised
or financed the enterprise with the intent to promote or further its criminal objectives
shall be sentenced to life imprisonment and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis until the person has served
not less than twenty-five years or the sentence is commuted.
C. A person commits an offense as part of a pattern of engaging in conduct
prohibited by this chapter if the person's conduct involves at least three criminal acts
that have the same or similar purposes, results, participants, victims or methods of
commission, or otherwise are interrelated by distinguishing characteristics and are not
isolated events.
D. For the purposes of this section:
1. "Serious drug offense" means any violation of, including any attempt or
conspiracy to commit a violation of, section 13-3404.01, section 13-3405, subsection A,
paragraphs 2 through 4, section 13-3407, subsection A, paragraphs 2 through 7 or section
13-3408, subsection A, paragraphs 2 through 7 involving an amount of marijuana, dangerous
drugs or narcotic drugs having a weight that equals or exceeds the statutory threshold
amount, a felony violation of section 13-3406 or any violation of section 13-3409.
2. "Significant source of income" means a source of income that exceeds twenty-five
thousand dollars received during a calendar year without reference to any exceptions,
reductions or setoffs.
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