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Methamphetamine trafficking
Drugs & vice · Chapter 712 — Offenses Against Public Health and Morals · Part IV. Offenses Related to Drugs and Intoxicating
(1) A person commits the offense of methamphetamine trafficking if the person knowingly:
(a) Distributes methamphetamine in any amount to a minor; or
(b) Manufactures methamphetamine in any amount.
(2) Methamphetamine trafficking is a class A felony for which the defendant shall be sentenced as provided in subsection (3).
(3) Notwithstanding sections 706-620(2), 706-640, 706-641, 706-659, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking shall be sentenced to an indeterminate term of imprisonment of twenty years with a mandatory minimum term of imprisonment of not less than two years and not greater than eight years and a fine not to exceed $20,000,000; provided that:
(a) If the person has one prior conviction for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine was the drug upon which the conviction was predicated, or section 712-1240.8 as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than six years, eight months and not greater than thirteen years, four months;
(b) If the person has two prior convictions for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine was the drug upon which the conviction was predicated, or section 712-1240.8, as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than thirteen years, four months and not greater than twenty years; or
(c) If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine was the drug upon which the conviction was predicated, or section 712-1240.8 as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be twenty years. [L 2006, c 230, pt of §4; am L 2016, c 231, §52]
Pattern jury instructions (HAWJIC)
Elements the State must prove for this offense.
- HAWJIC 13.59METHAMPHETAMINE TRAFFICKING IN THE FIRST DEGREE – DISTRIBUTION OF ONE-EIGHTH OUNCE OR MORE
- HAWJIC 13.60METHAMPHETAMINE TRAFFICKING IN THE FIRST DEGREE – DISTRIBUTION TO A MINOR
- HAWJIC 13.61METHAMPHETAMINE TRAFFICKING IN THE FIRST DEGREE – MANUFACTURE
- HAWJIC 13.58METHAMPHETAMINE TRAFFICKING IN THE FIRST DEGREE – POSSESSION OF ONE OUNCE OR MOREref