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

Previous Section
124.405      Next Section 124.406A

Return To Home