1. In addition to any other penalties provided in this chapter, a person who is eighteen years of age or older and who either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufactures a controlled substance, counterfeit substance, simulated controlled substance, or imitation controlled substance in violation of section 124.401, subsection 1, paragraph “a”, “b”, or “c”, in the presence of a minor shall be sentenced to two times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended. However, the additional term of confinement shall not be imposed on a person who has been convicted and sentenced for a child endangerment offense under section 726.6, subsection 1, paragraph “g”, arising from the same facts.
2. For purposes of this section, the term “in the presence of a minor” shall mean, but is not limited to, any of the following:
a. When a minor is physically present during the activity.
b. When the activity is conducted in the residence of a minor.
c. When the activity is conducted in a building where minors can reasonably be expected to be present.
d. When the activity is conducted in a room offered to the public for overnight accommodation.
e. When the activity is conducted in any multiple-unit residential building. 97 Acts, ch 125, §1; 2004 Acts, ch 1151, §1; 2006 Acts, ch 1030, §13; 2023 Acts, ch 86, §6 \n
Notes of Decisions
Cited in
3
cases, 2004–2013 · leading case:
State v. Fintel, 689 N.W.2d 95 (Iowa 2004).
State v. Fintel, 689 N.W.2d 95 (Iowa 2004).
· cites it 12× “He urges that (1) the jury instructions were confusing and led to an inconsistent verdict, (2) there was insufficient evidence of a conspiracy, (3) the sentencing enhancement imposed pursuant to Iowa Code section 124.401C was not applicable, and (4) his trial counsel provided…”
State v. Corsi, 686 N.W.2d 215 (Iowa 2004).
· cites it 8× “He also asserts he received ineffective assistance from his trial counsel in two ways: (1) failure to object to erroneous jury instructions; and (2) failure to conduct a reasonable investigation.”
State of Iowa v. Christine Ann Kern, 831 N.W.2d 149 (Iowa 2013).
· cites it 2× “§ 124.401C(2). “Activity” in this context means “an occupation, pursuit, or recreation in which a person is active.”
— Iowa Code § 124.401C(1) — 2 cases
State v. Corsi, 686 N.W.2d 215 (Iowa 2004).
“He also asserts he received ineffective assistance from his trial counsel in two ways: (1) failure to object to erroneous jury instructions; and (2) failure to conduct a reasonable investigation.”
State v. Fintel, 689 N.W.2d 95 (Iowa 2004).
“He urges that (1) the jury instructions were confusing and led to an inconsistent verdict, (2) there was insufficient evidence of a conspiracy, (3) the sentencing enhancement imposed pursuant to Iowa Code section 124.401C was not applicable, and (4) his trial counsel provided…”
— Iowa Code § 124.401C(2) — 1 case
State of Iowa v. Christine Ann Kern, 831 N.W.2d 149 (Iowa 2013).
“§ 124.401C(2). “Activity” in this context means “an occupation, pursuit, or recreation in which a person is active.”
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