Section 11.71.010. Misconduct involving a controlled substance in the first degree.

   (a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the first degree if the person
        (1) delivers any amount of a schedule IA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
        (2) delivers any amount of a schedule IIA or IIIA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance; or
        (3) engages in a continuing criminal enterprise.
   (b) For purposes of this section, a person is engaged in a "continuing criminal enterprise" if
        (1) the person commits a violation of this chapter which is punishable as a felony; and
        (2) that violation is a part of a continuing series of five or more violations of this chapter
             (A) which the person undertakes in concert with at least five other persons organized, supervised, or otherwise managed by the person; and
             (B) from which the person obtains substantial income or resources.
   (c) Misconduct involving a controlled substance in the first degree is an unclassified felony and is punishable as provided in AS 12.55.

Authorities

11.41.110;11.41.120;11.41.150;11.61.190;11.61.195;11.71.030;12.45.084;17.30.080;34.03.360;47.27.015

Notes

References

7 AAC 10.905
7 AAC 26.950
AS 11.41.110 Murder in the second degree.
AS 11.41.120 Manslaughter.
AS 11.41.150 Murder of an unborn child.
AS 11.61.190 Misconduct involving weapons in the first degree.
AS 11.61.195 Misconduct involving weapons in the second degree.
AS 11.71.030 Misconduct involving a controlled substance in the second degree.
AS 12.45.084 Laboratory report of controlled substances.
AS 17.30.080 Unlawful administration, prescription, and dispensation of controlled substances.
AS 34.03.360 Definitions.
AS 47.27.015 Disqualifying conditions.

History

(Sec. 2 ch 45 SLA 1982)