State Codes and Statutes

Statutes > Iowa > Title-4 > Subtitle-1 > Chapter-124 > 124-406

        124.406  DISTRIBUTION TO PERSON UNDER AGE EIGHTEEN.
         1.  A person who is eighteen years of age or older who:
         a.  Unlawfully distributes or possesses with intent to
      distribute a substance listed in schedule I or II to a person under
      eighteen years of age commits a class "B" felony and shall serve a
      minimum term of confinement of five years.  However, if the substance
      was distributed in or on, or within one thousand feet of, the real
      property comprising a public or private elementary or secondary
      school, public park, public swimming pool, public recreation center,
      or on a marked school bus, the person shall serve a minimum term of
      confinement of ten years.
         b.  Unlawfully distributes or possesses with the intent to
      distribute a controlled substance listed in schedule III to a person
      under eighteen years of age who is at least three years younger than
      the violator commits a class "C" felony.
         c.  Unlawfully distributes a controlled substance listed in
      schedule IV or V to a person under eighteen years of age who is at
      least three years younger than the violator commits an aggravated
      misdemeanor.
         2.  A person who is eighteen years of age or older who:
         a.  Unlawfully distributes or possesses with the intent to
      distribute a counterfeit substance listed in schedule I or II, or a
      simulated controlled substance represented to be a substance
      classified in schedule I or II, to a person under eighteen years of
      age commits a class "B" felony.  However, if the substance was
      distributed in or on, or within one thousand feet of, the real
      property comprising a public or private elementary or secondary
      school, public park, public swimming pool, public recreation center,
      or on a marked school bus, the person shall serve a minimum term of
      confinement of ten years.
         b.  Unlawfully distributes or possesses with intent to
      distribute a counterfeit substance listed in schedule III, or a
      simulated controlled substance represented to be any substance listed
      in schedule III, to a person under eighteen years of age who is at
      least three years younger than the violator commits a class "C"
      felony.
         c.  Unlawfully distributes a counterfeit substance listed in
      schedule IV or V, or a simulated controlled substance represented to
      be a substance listed in schedule IV or V, to a person under eighteen
      years of age who is at least three years younger than the violator
      commits an aggravated misdemeanor.
         3.  It is unlawful for a person to deliver a controlled substance
      to another person in order to act with, enter into a common scheme or
      design with, conspire with, or recruit the other person for the
      purpose of delivering a controlled substance to one or more persons
      under eighteen years of age.  A person who violates this subsection
      with respect to a controlled substance classified in schedule I, II,
      III, IV, or V is guilty of a class "D" felony.  
         Section History: Early Form
         [C97, § 5003; C24, 27, 31, 35, § 3168, 3169; C39, § 3169.21;
      C46, 50, 54, 58, 62, § 204.22; C66, § 204.20; C71, § 204.20, 204A.11;
      C73, 75, 77, 79, 81, § 204.406; 82 Acts, ch 1147, § 3] 
         Section History: Recent Form
         84 Acts, ch 1013, § 15; 89 Acts, ch 225, § 12; 90 Acts, ch 1251, §
      6, 7
         C93, § 124.406
         94 Acts, ch 1172, §8, 9; 97 Acts, ch 33, § 2, 3
         Referred to in § 124.416, 901.10, 903A.5

State Codes and Statutes

Statutes > Iowa > Title-4 > Subtitle-1 > Chapter-124 > 124-406

        124.406  DISTRIBUTION TO PERSON UNDER AGE EIGHTEEN.
         1.  A person who is eighteen years of age or older who:
         a.  Unlawfully distributes or possesses with intent to
      distribute a substance listed in schedule I or II to a person under
      eighteen years of age commits a class "B" felony and shall serve a
      minimum term of confinement of five years.  However, if the substance
      was distributed in or on, or within one thousand feet of, the real
      property comprising a public or private elementary or secondary
      school, public park, public swimming pool, public recreation center,
      or on a marked school bus, the person shall serve a minimum term of
      confinement of ten years.
         b.  Unlawfully distributes or possesses with the intent to
      distribute a controlled substance listed in schedule III to a person
      under eighteen years of age who is at least three years younger than
      the violator commits a class "C" felony.
         c.  Unlawfully distributes a controlled substance listed in
      schedule IV or V to a person under eighteen years of age who is at
      least three years younger than the violator commits an aggravated
      misdemeanor.
         2.  A person who is eighteen years of age or older who:
         a.  Unlawfully distributes or possesses with the intent to
      distribute a counterfeit substance listed in schedule I or II, or a
      simulated controlled substance represented to be a substance
      classified in schedule I or II, to a person under eighteen years of
      age commits a class "B" felony.  However, if the substance was
      distributed in or on, or within one thousand feet of, the real
      property comprising a public or private elementary or secondary
      school, public park, public swimming pool, public recreation center,
      or on a marked school bus, the person shall serve a minimum term of
      confinement of ten years.
         b.  Unlawfully distributes or possesses with intent to
      distribute a counterfeit substance listed in schedule III, or a
      simulated controlled substance represented to be any substance listed
      in schedule III, to a person under eighteen years of age who is at
      least three years younger than the violator commits a class "C"
      felony.
         c.  Unlawfully distributes a counterfeit substance listed in
      schedule IV or V, or a simulated controlled substance represented to
      be a substance listed in schedule IV or V, to a person under eighteen
      years of age who is at least three years younger than the violator
      commits an aggravated misdemeanor.
         3.  It is unlawful for a person to deliver a controlled substance
      to another person in order to act with, enter into a common scheme or
      design with, conspire with, or recruit the other person for the
      purpose of delivering a controlled substance to one or more persons
      under eighteen years of age.  A person who violates this subsection
      with respect to a controlled substance classified in schedule I, II,
      III, IV, or V is guilty of a class "D" felony.  
         Section History: Early Form
         [C97, § 5003; C24, 27, 31, 35, § 3168, 3169; C39, § 3169.21;
      C46, 50, 54, 58, 62, § 204.22; C66, § 204.20; C71, § 204.20, 204A.11;
      C73, 75, 77, 79, 81, § 204.406; 82 Acts, ch 1147, § 3] 
         Section History: Recent Form
         84 Acts, ch 1013, § 15; 89 Acts, ch 225, § 12; 90 Acts, ch 1251, §
      6, 7
         C93, § 124.406
         94 Acts, ch 1172, §8, 9; 97 Acts, ch 33, § 2, 3
         Referred to in § 124.416, 901.10, 903A.5

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-4 > Subtitle-1 > Chapter-124 > 124-406

        124.406  DISTRIBUTION TO PERSON UNDER AGE EIGHTEEN.
         1.  A person who is eighteen years of age or older who:
         a.  Unlawfully distributes or possesses with intent to
      distribute a substance listed in schedule I or II to a person under
      eighteen years of age commits a class "B" felony and shall serve a
      minimum term of confinement of five years.  However, if the substance
      was distributed in or on, or within one thousand feet of, the real
      property comprising a public or private elementary or secondary
      school, public park, public swimming pool, public recreation center,
      or on a marked school bus, the person shall serve a minimum term of
      confinement of ten years.
         b.  Unlawfully distributes or possesses with the intent to
      distribute a controlled substance listed in schedule III to a person
      under eighteen years of age who is at least three years younger than
      the violator commits a class "C" felony.
         c.  Unlawfully distributes a controlled substance listed in
      schedule IV or V to a person under eighteen years of age who is at
      least three years younger than the violator commits an aggravated
      misdemeanor.
         2.  A person who is eighteen years of age or older who:
         a.  Unlawfully distributes or possesses with the intent to
      distribute a counterfeit substance listed in schedule I or II, or a
      simulated controlled substance represented to be a substance
      classified in schedule I or II, to a person under eighteen years of
      age commits a class "B" felony.  However, if the substance was
      distributed in or on, or within one thousand feet of, the real
      property comprising a public or private elementary or secondary
      school, public park, public swimming pool, public recreation center,
      or on a marked school bus, the person shall serve a minimum term of
      confinement of ten years.
         b.  Unlawfully distributes or possesses with intent to
      distribute a counterfeit substance listed in schedule III, or a
      simulated controlled substance represented to be any substance listed
      in schedule III, to a person under eighteen years of age who is at
      least three years younger than the violator commits a class "C"
      felony.
         c.  Unlawfully distributes a counterfeit substance listed in
      schedule IV or V, or a simulated controlled substance represented to
      be a substance listed in schedule IV or V, to a person under eighteen
      years of age who is at least three years younger than the violator
      commits an aggravated misdemeanor.
         3.  It is unlawful for a person to deliver a controlled substance
      to another person in order to act with, enter into a common scheme or
      design with, conspire with, or recruit the other person for the
      purpose of delivering a controlled substance to one or more persons
      under eighteen years of age.  A person who violates this subsection
      with respect to a controlled substance classified in schedule I, II,
      III, IV, or V is guilty of a class "D" felony.  
         Section History: Early Form
         [C97, § 5003; C24, 27, 31, 35, § 3168, 3169; C39, § 3169.21;
      C46, 50, 54, 58, 62, § 204.22; C66, § 204.20; C71, § 204.20, 204A.11;
      C73, 75, 77, 79, 81, § 204.406; 82 Acts, ch 1147, § 3] 
         Section History: Recent Form
         84 Acts, ch 1013, § 15; 89 Acts, ch 225, § 12; 90 Acts, ch 1251, §
      6, 7
         C93, § 124.406
         94 Acts, ch 1172, §8, 9; 97 Acts, ch 33, § 2, 3
         Referred to in § 124.416, 901.10, 903A.5