Statute:

Unlawful manufacture of methamphetamine in the second degree

ยง 220.74 Unlawful manufacture of methamphetamine in the second degree.

A person is guilty of unlawful manufacture of methamphetamine in the
second degree when he or she:

1. Commits the offense of unlawful manufacture of methamphetamine in
the third degree as defined in section 220.73 of this article in the
presence of another person under the age of sixteen, provided, however,
that the actor is at least five years older than such other person under
the age of sixteen; or

2. Commits the crime of unlawful manufacture of methamphetamine in the
third degree as defined in section 220.73 of this article and has
previously been convicted within the preceding five years of the offense
of criminal possession of precursors of methamphetamine as defined in
section 220.72 of this article, criminal possession of methamphetamine
manufacturing material in the first degree as defined in section 220.71
of this article, unlawful disposal of methamphetamine laboratory
material as defined in section 220.76 of this article, unlawful
manufacture of methamphetamine in the third degree as defined in section
220.73 of this article, unlawful manufacture of methamphetamine in the
second degree as defined in this section, or unlawful manufacture of
methamphetamine in the first degree as defined in section 220.75 of this
article.

Unlawful manufacture of methamphetamine in the second degree is a
class C felony.

PEN 220.74 2014-09-22

Criminal Jury Instruction Links:



UNLAWFUL MANUFACTURE OF METHAMPHETAMINE 2 - PL 220.74(1)
No Charge Prepared. See Recommendation - PL 220.74(2)
Previous ConvictionNo Charge Prepared. See Recommendation - PL 220.75

Sections:

220. Controlled substances offenses
220.00 - Controlled substances; definitions.
220.03 - Criminal possession of a controlled substance in the seventh degree.
220.06 - Criminal possession of a controlled substance in the fifth degree.
220.09 - Criminal possession of a controlled substance in the fourth degree.
220.16 - Criminal possession of a controlled substance in the third degree.
220.18 - Criminal possession of a controlled substance in the second degree.
220.21 - Criminal possession of a controlled substance in the first degree.
220.25 - Criminal possession of a controlled substance; presumption.
220.28 - Use of a child to commit a controlled substance offense.
220.31 - Criminal sale of a controlled substance in the fifth degree.
220.34 - Criminal sale of a controlled substance in the fourth degree.
220.39 - Criminal sale of a controlled substance in the third degree.
220.41 - Criminal sale of a controlled substance in the second degree.
220.43 - Criminal sale of a controlled substance in the first degree.
220.44 - Criminal sale of a controlled substance in or near school grounds.
220.45 - REPEALED (10/7/2021) Criminally possessing a hypodermic instrument.
220.46 - Criminal injection of a narcotic drug.
220.48 - Criminal sale of a controlled substance to a child.
220.50 - Criminally using drug paraphernalia in the second degree.
220.55 - Criminally using drug paraphernalia in the first degree.
220.60 - Criminal possession of precursors of controlled substances.
220.65 - Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist.
220.70 - Criminal possession of methamphetamine manufacturing material in the second degree.
220.71 - Criminal possession of methamphetamine manufacturing material in the first degree.
220.72 - Criminal possession of precursors of methamphetamine.
220.73 - Unlawful manufacture of methamphetamine in the third degree.
220.74 - Unlawful manufacture of methamphetamine in the second degree.
220.75 - Unlawful manufacture of methamphetamine in the first degree.
220.76 - Unlawful disposal of methamphetamine laboratory material.
220.77 - Operating as a major trafficker.
220.78 - Witness or victim of drug or alcohol overdose.

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