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 methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor shall be sentenced up to an additional term of confinement of five years. 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.
Terms Used In Iowa Code 124.401C
- Child: includes child by adoption. See Iowa Code 4.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 124.101
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.