§ 21-28-4.07 - Distribution to persons under age 18.
SECTION 21-28-4.07
§ 21-28-4.07 Distribution to persons underage 18. – (a) Any person eighteen (18) years of age or over who violates §21-28-4.01(a) by distributing a controlled substance, excluding marijuana,listed in schedules I and II to a person under eighteen (18) years of age whois at least three (3) years his or her junior shall be imprisoned to a term ofnot less than fifteen (15) years and may be imprisoned for life, or fined notmore than five hundred thousand dollars ($500,000), or both. In all such cases,the justice imposing sentence shall impose a minimum sentence of fifteen (15)years' imprisonment and may only impose a sentence less than that minimum if heor she finds that substantial and compelling circumstances exist which justifyimposition of the alternative sentence. The finding may be based upon thecharacter and background of the defendant, the cooperation of the defendantwith law enforcement authorities, the nature and circumstances of the offense,and/or the nature and quality of the evidence presented at trial. If a sentencewhich is less than imprisonment for a term of fifteen (15) years is imposed,the trial justice shall set forth on the record the circumstances, which he orshe found as justification for imposition of the lesser sentence.
(b) Any person eighteen (18) years of age or over whoviolates § 21-28-4.01(a) by distributing a controlled substance listed inschedules III and IV to a person under eighteen (18) years of age who is atleast three (3) years his or her junior shall be imprisoned to a term of notless than five (5) years nor more than twenty (20) years, or fined not morethan forty thousand dollars ($40,000), or both.
(c) Any person eighteen (18) years of age or over whoviolates § 21-28-4.01(a) by distributing any controlled substance listedin schedule V or marijuana to a person under eighteen (18) years of age who isat least three (3) years his or her junior shall be imprisoned to a term of notless than two (2) years nor more than five (5) years, or fined not more thanten thousand dollars ($10,000), or both.
(d) Any person eighteen (18) years of age or over whoviolates § 21-28-4.01(d) by distributing an imitation controlled substanceto a person under eighteen (18) years of age who is at least three (3) yearshis or her junior shall be punished by imposition of a fine authorized by§ 21-28-4.01(d), and by a term of imprisonment up to twice that authorizedby § 21-28-4.01(d), or both.