[§712-1240.5]  Manufacturing a controlled
substance with a child present.  (1)  Except as provided in subsection (2),
any person convicted of manufacturing a controlled substance in violation of
this chapter, who commits the offense knowing that a child under the age of
sixteen is present in the structure where the offense occurs, shall be
sentenced to a term of two years imprisonment to run consecutively to the
maximum indeterminate term of imprisonment for the conviction of any offense
involving the manufacturing of a controlled substance.



(2)  Any person convicted of manufacturing a
controlled substance in violation of this chapter, who commits the offense
knowing that a child under the age of eighteen is present in the structure
where the offense occurs and causes the child to suffer serious or substantial
bodily injury as defined in section 707-700, shall be sentenced to a term of
five years imprisonment to run consecutively to the maximum indeterminate term
of imprisonment for the conviction of any offense involving the manufacturing
of a controlled substance.



(3)  As used in this section,
"structure" means any house, apartment building, shop, warehouse,
building, vessel, cargo container, motor vehicle, tent, recreational vehicle,
trailer, or other enclosed space capable of holding a child and equipment for
the manufacture of a controlled substance. [L 2004, c 44, pt of §3]



 



COMMENTARY ON §712-1240.5



 



  Act 44, Session Laws 2004, added this section, enhancing
prison sentences for persons who manufacture drugs in the presence of a child
and cause injury to a child, to protect children from the dangers of
clandestine methamphetamine laboratories and homes where illegal substances may
harm the children.  House Standing Committee Report No. 495-04, Senate Standing
Committee Report No. 3091.