§ 14-95.23. Drugs and children

(a)    Not withstanding other provisions of this article, if a person who is 18 years of age or older who violates Section 14-95.6 or 14-95.7 and it is found as provided in Section 14-95.31 that the person sold or delivered a controlled substance to a person under 16 years of age or a pregnant female, then the person shall be subject to a class A penalty.

(b)   Not withstanding other provisions of this article, if a person who is 18 years of age or older who violates Section 14-95.11(d) and it is found as provided in Section 14-95.31 that the person delivered a drug paraphernalia to a person under 16 years of age, then the person shall be subject to a class B penalty.

(c)    Not withstanding other provisions of this article, if a person who is 18 years of age or older is convicted of an offense under this article and it is found as provided in Section 14-95.31 that the person purchased or received a controlled substance from a minor 16 years of age or younger who possessed, sold, or delivered the controlled substance in violation of this article, then the person shall be subject to a class A penalty.

(d)   Not withstanding other provisions of this article, if a person who is 18 years of age or older violates Section 14-95.5, 14-95.6, 14-95.7, or 14-95.8 and it is found as provided in Section 14-95.31 that the offense occurred while the person was pregnant, then the person shall be subject to a class A penalty.

(e)   Not withstanding other provisions of this article, if a person who is 18 years of age or older is convicted of an offense under Section 14-95.6, 14-95.7 or 14-95.8 and it is found as provided in Section 14-95.31 that any part of the crime occurred on property used for a school, day care center, playground, or community building or within 300 feet of the boundary of real property used for a school, day care center, playground, or community building, then the person shall be subject to a class A penalty. This section shall not apply if the person was a regularly enrolled student in good standing currently attending classes at the school where the offense occurred.

(f)     Not withstanding other provisions of this article, if a person who is 18 years of age or older is convicted of an offense under Section 14-95.5 and it is found as provided in Section 14-95.31 that the person possessed the controlled substance on property used for a school, day care center, playground, or community building or within 300 feet of the boundary of real property used for a school, day care center, playground, or community building playground, or community building, then the person shall be subject to a class B penalty. This section shall not apply if the person was a regularly enrolled student in good standing currently attending classes at the school where the offense occurred.

(g)   Not withstanding other provisions of this article, if a person who is 18 years of age or older is convicted of an offense under Section 14-95.6, 14-95.7 or 14-95.8 and it is found as provided in Section 14-95.31 that any part of the crime occurred in a dwelling which is the primary residence of a child who is 13 years of age or younger, then the person will be subject to a class A penalty.

(h)   Not withstanding other provisions of this article, if a person who is 18 years of age or older is convicted of an offense an offense under Section 14-95.5 and it is found as provided in Section 14-95.31 that the person possessed the controlled substance in a dwelling which is the primary residence of a child who is 13 years of age or younger, then the person will be subject to a class B penalty.

(i)     Not withstanding other provisions of this article, if a person who is 18 years of age or older is convicted of an offense under Section 14-95.6, 14-95.7 or 14-95.8 and it is found as provided in Section 14-95.31 that any part of the crime occurred within the sensory perception of a child who is 13 years of age or younger, whether or not the child actually perceived the crime, then the person will be subject to a class A penalty.

(j)     Not withstanding other provisions of this article, if a person who is 18 years of age or older is convicted of an offense under Section 14-95.5 and it is found as provided in Section 14-95.31 that the person possessed the controlled substance within the sensory perception of a child who is 13 years of age or younger, whether or the child actually perceived the crime then the person will be subject to a class B penalty.

(k)    Unless a persons conduct is covered under some other provision of law providing greater punishment, if a person who is at least 18 years old is convicted of an offense under this section and it is found as provided in Section 14-95.31 that any part of the crime occurred in a dwelling which is the primary residence of a child under 16 years of age but more than 13 years of age or within the sensory perception of a child under 16 years of age but more than 13 years of age, then the person shall be punished as an offense one level higher than the offense committed.

(l)     Mistake of age is not a defense to a prosecution under this section.