§ 21-28-4.07. Distribution to persons under age 18.
(a) Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing a controlled substance, excluding marijuana, listed in schedules I and II to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less than fifteen (15) years and may be imprisoned for life, or fined not more than five hundred thousand dollars ($500,000), or both. In all such cases, the justice imposing sentence shall impose a minimum sentence of fifteen (15) years’ imprisonment and may only impose a sentence less than that minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. The finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of fifteen (15) years is imposed, the trial justice shall set forth on the record the circumstances, which he or she found as justification for imposition of the lesser sentence.
(b) Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing a controlled substance listed in schedules III and IV to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less than five (5) years nor more than twenty (20) years, or fined not more than forty thousand dollars ($40,000), or both.
(c) Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing any controlled substance listed in schedule V or marijuana to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be imprisoned to a term of not less than two (2) years nor more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both.
(d) Any person eighteen (18) years of age or over who violates § 21-28-4.01(d) by distributing an imitation controlled substance to a person under eighteen (18) years of age who is at least three (3) years his or her junior shall be punished by imposition of a fine authorized by § 21-28-4.01(d), and by a term of imprisonment up to twice that authorized by § 21-28-4.01(d), or both.
History of Section.P.L. 1974, ch. 183, § 2; P.L. 1982, ch. 151, § 1; P.L. 1988, ch. 645, § 1; P.L. 1990, ch. 275, § 1.
Structure Rhode Island General Laws
Chapter 21-28 - Uniform Controlled Substances Act
Article IV - Offenses and Penalties
Section 21-28-4.01.1. - Certain quantities of controlled substances.
Section 21-28-4.01.2. - Certain quantities of controlled substances.
Section 21-28-4.02. - Prohibited acts B — Penalties.
Section 21-28-4.03. - Prohibited acts C — Penalties.
Section 21-28-4.05. - Prohibited acts E — False representations to obtain controlled substances.
Section 21-28-4.07. - Distribution to persons under age 18.
Section 21-28-4.07.1. - Distribution or manufacturing in or near schools.
Section 21-28-4.07.2. - Distribution to individuals without knowledge — Crime of violence.
Section 21-28-4.08. - Conspiracy.
Section 21-28-4.09. - General penalty clause.
Section 21-28-4.10. - Penalties under other laws.
Section 21-28-4.11. - Second offenses.
Section 21-28-4.12. - Bar to prosecution.
Section 21-28-4.13. - Impersonation of health officials — Penalties.
Section 21-28-4.14. - Third or subsequent offenses.
Section 21-28-4.15. - Employment of person under age eighteen (18).
Section 21-28-4.16. - Crimes against pharmacies.
Section 21-28-4.16.1. - Larceny of a controlled substance.
Section 21-28-4.16.2. - Tampering with a controlled substance.
Section 21-28-4.17. - Additional assessment.
Section 21-28-4.17.1. - Assessment for drug education, counseling and treatment.
Section 21-28-4.18. - Prohibited acts by law enforcement officials — Penalties.
Section 21-28-4.19. - Reduction of sentence.
Section 21-28-4.20. - Human Immunodeficiency Virus (HIV) — Testing.
Section 21-28-4.21. - Drug testing required.
Section 21-28-4.22. - Preparation of summons and related records — Consent and form.