§1123. Aggravated furnishing of synthetic hallucinogenic drugs
1.
A person is guilty of aggravated furnishing of a synthetic hallucinogenic drug if the person violates section 1122 and:
A. The person furnishes a synthetic hallucinogenic drug to a child who is in fact less than 18 years of age. Violation of this
paragraph is a Class B crime; [2011, c. 465, §6 (NEW).]
B. At the time of the offense, the person has one or more prior convictions for any Class A, B or C offense under this chapter
or for engaging in substantially similar conduct to that of the Class A, B or C offenses under this chapter in another jurisdiction.
Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph,
the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years. Violation
of this paragraph is a Class B crime; [2011, c. 465, §6 (NEW).]
C. At the time of the offense, the person possesses a firearm in the furtherance of the offense, uses a firearm, carries a firearm
or is armed with a firearm. Violation of this paragraph is a Class B crime; [2011, c. 465, §6 (NEW).]
D. At the time of the offense, the person is on a school bus or within 1,000 feet of the real property comprising a private or
public elementary or secondary school or a safe zone as defined in section 1101, subsection 23. Violation of this paragraph
is a Class B crime.
For purposes of this paragraph, "school bus" has the same meaning as in Title 29-A, section 2301, subsection 5; [2011, c. 465, §6 (NEW).]
E. At the time of the offense, the person enlists or solicits the aid of or conspires with a child who is in fact less than 18
years of age to furnish a synthetic hallucinogenic drug. Violation of this paragraph is a Class B crime; [2011, c. 465, §6 (NEW).]
F. Death is in fact caused by the use of that synthetic hallucinogenic drug. Violation of this paragraph is a Class B crime.
It is an affirmative defense to prosecution under this paragraph that the drug furnished was lawfully possessed by the defendant
prior to furnishing and that the death was not a reasonably foreseeable consequence of the use of that synthetic hallucinogenic
drug. In determining whether the death was reasonably foreseeable, the fact finder shall consider:
(1) The factual circumstances surrounding the furnishing of the drug;
(2) The total quantity of the drug furnished;
(3) The dosage of the units furnished;
(4) The nature of the drug;
(5) The overdose risk presented by use of the drug; and
(6) Any safety warnings provided to the defendant at the time of dispensing the drug; or [2011, c. 465, §6 (NEW).]
G. Serious bodily injury is in fact caused by the use of that synthetic hallucinogenic drug. Violation of this paragraph is a
Class C crime. It is an affirmative defense to prosecution under this paragraph that the drug furnished was lawfully possessed
by the defendant prior to furnishing and that the serious bodily injury was not a reasonably foreseeable consequence of the
use of that synthetic hallucinogenic drug. In determining whether the serious bodily injury was reasonably foreseeable, the
fact finder shall consider:
(1) The factual circumstances surrounding the furnishing of the drug;
(2) The total quantity of the drug furnished;
(3) The dosage of the units furnished;
(4) The nature of the drug;
(5) The overdose risk presented by use of the drug; and
(6) Any safety warnings provided to the defendant at the time of dispensing the drug. [2011, c. 465, §6 (NEW).]
[
2011, c. 465, §6 (NEW)
.]
2.
If a person uses a motor vehicle to facilitate the aggravated furnishing of a synthetic hallucinogenic drug, the court may,
in addition to other authorized penalties, suspend the person's driver's license or permit or privilege to operate a motor
vehicle or right to apply for or obtain a license for a period not to exceed 5 years. A suspension may not begin until after
any period of incarceration is served. If the court suspends a person's driver's license or permit or privilege to operate
a motor vehicle or right to apply for or obtain a license, the court shall notify the Secretary of State of the suspension
and the court shall take physical custody of the person's license or permit. The Secretary of State may not reinstate the
person's driver's license or permit or privilege to operate a motor vehicle or right to apply for or obtain a license unless
the person demonstrates that, after having been released and discharged from any period of incarceration that may have been
ordered, the person has served the period of suspension ordered by the court.
[
2011, c. 465, §6 (NEW)
.]
SECTION HISTORY
2011, c. 465, §6 (NEW).
Data for this page extracted on 10/16/2012 08:27:53.