1. A person who iseighteen years of age or older who: a. Unlawfully distributes or possesses with intent to distribute a substance listed in schedule I or IIto 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 IIIto a person under eighteen years of age who isat 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 iseighteen 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 or imitation 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. b. Unlawfully distributes or possesses with intent to distribute a counterfeit substance listed in schedule III,or a simulated or imitation 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 or imitation 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. Itis 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 isguilty of a class “D” felony. C93, §124.406
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