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not more than 30 years, and subject to a fine not to |
exceed $100,000 or the street value of the |
methamphetamine manufactured, whichever is greater.
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(C) A person who participates in the manufacture of |
100 or more grams but less than 400 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 9 years and |
not more than 40 years, and subject to a fine not to |
exceed $200,000 or the street value of the |
methamphetamine manufactured, whichever is greater.
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(D) A person who participates in the manufacture of |
400 or more grams but less than 900 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 12 years and |
not more than 50 years, and subject to a fine not to |
exceed $300,000 or the street value of the |
methamphetamine manufactured, whichever is greater.
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(E) A person who participates in the manufacture of |
900 grams or more of methamphetamine or a substance |
containing methamphetamine is guilty of a Class X |
felony, subject to a term of imprisonment of not less |
than 15 years and not more than 60 years, and subject |
to a fine not to exceed $400,000 or the street value of |
the methamphetamine, whichever is greater.
|
|
(b) Aggravated participation in methamphetamine |
manufacturing.
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(1) It is unlawful to engage in aggravated |
participation in the manufacture of methamphetamine. A |
person engages in aggravated participation in the |
manufacture of methamphetamine when the person violates |
paragraph (1) of subsection (a) and:
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(A) the person knowingly does so in a multi-unit |
dwelling;
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(B) the person knowingly does so in a structure or |
vehicle where a child under the age of 18, a person |
with a disability, or a person 60 years of age or older |
who is incapable of adequately providing for his or her |
own health and personal care resides, is present, or is |
endangered by the manufacture of methamphetamine;
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(C) the person does so in a structure or vehicle |
where a woman the person knows to be pregnant |
(including but not limited to the person herself) |
resides, is present, or is endangered by the |
methamphetamine manufacture;
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(D) the person knowingly does so in a structure or |
vehicle protected by one or more firearms, explosive |
devices, booby traps, alarm systems, surveillance |
systems, guard dogs, or dangerous animals;
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(E) the methamphetamine manufacturing in which the |
person participates is a contributing cause of the |
|
death, serious bodily injury, disability, or |
disfigurement of another person, including but not |
limited to an emergency service provider;
|
(F) the methamphetamine manufacturing in which the |
person participates is a contributing cause of a fire |
or explosion that damages property belonging to |
another person;
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(G) the person knowingly organizes, directs, or |
finances the methamphetamine manufacturing or |
activities carried out in support of the |
methamphetamine manufacturing; or
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(H) the methamphetamine manufacturing occurs |
within 1,000 feet of a place of worship or parsonage , |
or within 1,000 feet of the real property comprising |
any school .
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(2) A person who violates paragraph (1) of this |
subsection (b) is subject to the following penalties:
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(A) A person who participates in the manufacture of |
less than 15 grams of methamphetamine or a substance |
containing methamphetamine is guilty of a Class X |
felony, subject to a term of imprisonment of not less |
than 6 years and not more than 30 years, and subject to |
a fine not to exceed $100,000 or the street value of |
the methamphetamine, whichever is greater.
|
(B) A person who participates in the manufacture of |
15 or more grams but less than 100 grams of |
|
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 9 years and |
not more than 40 years, and subject to a fine not to |
exceed $200,000 or the street value of the |
methamphetamine, whichever is greater.
|
(C) A person who participates in the manufacture of |
100 or more grams but less than 400 grams of |
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject |
to a term of imprisonment of not less than 12 years and |
not more than 50 years, and subject to a fine not to |
exceed $300,000 or the street value of the |
methamphetamine, whichever is greater.
|
(D) A person who participates in the manufacture of |
400 grams or more of methamphetamine or a substance |
containing methamphetamine is guilty of a Class X |
felony, subject to a term of imprisonment of not less |
than 15 years and not more than 60 years, and subject |
to a fine not to exceed $400,000 or the street value of |
the methamphetamine, whichever is greater.
|
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; |
95-571, eff. 6-1-08 .)
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