124.406 - DISTRIBUTION TO PERSON UNDER AGE EIGHTEEN.
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