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

270 words·~1 min read·/ak/title-11/chapter-71/11-71-010

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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;

(3)engages in a continuing criminal enterprise; or

(4)delivers any amount of a schedule IA, IIA, IIIA, or IVA controlled substance to a person who is

(A)mentally incapable;

(B)incapacitated; or

(C)unaware that a controlled substance is being delivered.

(b)For purposes of this section,

(1)a person is engaged in a “continuing criminal enterprise” if

(A)the person commits a violation of this chapter which is punishable as a felony; and

(B)that violation is a part of a continuing series of five or more violations of this chapter

(i)which the person undertakes in concert with at least five other persons organized, supervised, or otherwise managed by the person; and

(ii)from which the person obtains substantial income or resources;

(2)“incapacitated” has the meaning given in AS 11.41.470 ;

(3)“mentally incapable” has the meaning given in AS 11.41.470 .

(c)Misconduct involving a controlled substance in the first degree is an unclassified felony and is punishable as provided in AS 12.55 .