| 13-3410 |
NARCOTIC NEWS
Drug Law in Arizona 13-3410
Drug Law in Arizona 13-3410
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Serious drug offender; sentencing; definitions
A. A person who is at least eighteen years of age or who has been tried as an
adult and who stands convicted of a serious drug offense and who committed
the offense as part of a pattern of engaging in conduct prohibited by this
chapter, which constituted a significant source of the person's income, shall be
sentenced to life imprisonment and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis until the person
has served not less than twenty-five years or the sentence is commuted.
B. A person who is at least eighteen years of age or who has been tried as an
adult and who stands convicted of a serious drug offense and who committed
the offense as part of the person's association with and participation in the
conduct of an enterprise as defined in section 13-2301, subsection D,
paragraph 2, which is engaged in dealing in substances controlled by this
chapter, and who organized, managed, directed, supervised or financed the
enterprise with the intent to promote or further its criminal objectives shall be
sentenced to life imprisonment and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis until the person
has served not less than twenty-five years or the sentence is commuted.
C. A person commits an offense as part of a pattern of engaging in conduct
prohibited by this chapter if the person's conduct involves at least three criminal
acts that have the same or similar purposes, results, participants, victims or
methods of commission, or otherwise are interrelated by distinguishing
characteristics and are not isolated events.
D. For the purposes of this section:
1. "Serious drug offense" means any violation of, including any attempt or
conspiracy to commit a violation of, section 13-3404.01, section 13-3405,
subsection A, paragraphs 2 through 4, section 13-3407, subsection A,
paragraphs 2 through 7 or section 13-3408, subsection A, paragraphs 2
through 7 involving an amount of marijuana, dangerous drugs or narcotic drugs
having a weight that equals or exceeds the statutory threshold amount, a felony
violation of section 13-3406 or any violation of section 13-3409.
2. "Significant source of income" means a source of income that exceeds
twenty-five thousand dollars received during a calendar year without reference
to any exceptions, reductions or setoffs.
adult and who stands convicted of a serious drug offense and who committed
the offense as part of a pattern of engaging in conduct prohibited by this
chapter, which constituted a significant source of the person's income, shall be
sentenced to life imprisonment and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis until the person
has served not less than twenty-five years or the sentence is commuted.
B. A person who is at least eighteen years of age or who has been tried as an
adult and who stands convicted of a serious drug offense and who committed
the offense as part of the person's association with and participation in the
conduct of an enterprise as defined in section 13-2301, subsection D,
paragraph 2, which is engaged in dealing in substances controlled by this
chapter, and who organized, managed, directed, supervised or financed the
enterprise with the intent to promote or further its criminal objectives shall be
sentenced to life imprisonment and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis until the person
has served not less than twenty-five years or the sentence is commuted.
C. A person commits an offense as part of a pattern of engaging in conduct
prohibited by this chapter if the person's conduct involves at least three criminal
acts that have the same or similar purposes, results, participants, victims or
methods of commission, or otherwise are interrelated by distinguishing
characteristics and are not isolated events.
D. For the purposes of this section:
1. "Serious drug offense" means any violation of, including any attempt or
conspiracy to commit a violation of, section 13-3404.01, section 13-3405,
subsection A, paragraphs 2 through 4, section 13-3407, subsection A,
paragraphs 2 through 7 or section 13-3408, subsection A, paragraphs 2
through 7 involving an amount of marijuana, dangerous drugs or narcotic drugs
having a weight that equals or exceeds the statutory threshold amount, a felony
violation of section 13-3406 or any violation of section 13-3409.
2. "Significant source of income" means a source of income that exceeds
twenty-five thousand dollars received during a calendar year without reference
to any exceptions, reductions or setoffs.