§ 5-64-407 - Manufacture of methamphetamine in the presence of certain persons -- Enhanced penalties. - Arkansas Statutes

5-64-407. Manufacture of methamphetamine in the presence of certain persons -- Enhanced penalties.

(a) Any person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine, 5-64-401(a)(1), or possession of drug paraphernalia with the intent to manufacture methamphetamine, 5-64-403(c)(5), may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the offense is committed:

(1) In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person;

(2) With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or where the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used; or

(3) With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person's arrest for the offense.

(b) The enhanced portion of the sentence is consecutive to any other sentence imposed.

(c) Any person sentenced under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.

(d) As used in this section:

(1) "Elderly person" means any person seventy (70) years of age or older;

(2) "Incompetent person" means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; and

(3) "Minor" means any person under eighteen (18) years of age.