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Iowa Laws
 

Iowa Juvenile Case Law relevant to Drug Endangered Children

 

Iowa's Pseudoephderine Law

 

Criminal Provisions

"In the presence of a minor" means:

  • When a minor is physically present during the activity.
  • When the activity is conducted in the residence of a minor.
  • When the activity is conducted in a building where minors can reasonably be expected to be present.
  • When the activity is conducted in a room offered to the public for overnight accommodation.
  • When the activity is conducted in any multiple-unit residential building.
  • Iowa Code Sec. 726.6(1)(g) Child Endangerment  Adds a category of Child Endangerment for one who knowingly permits a child to be present at a location where amphetamine, methamphetamine, or their salts or isomers, are manufactured or possessed. 

Juvenile Provisions

An unmarried child whose parent, guardian, or custodian unlawfully manufactures a dangerous substance in the presence of a child, knowingly allows such manufacture by another person in the presence of a child, or in the presence of a child possesses a product containing ephedrine or pseudoephedrine with the intent to use the product as a precursor to a dangerous substance. 

"In the presence of a minor" means:

  • The physical presence of a child during the manufacture or possession,
  • The manufacture or possession occurred in a child's home, on the premises, or in a motor vehicle located on the premises,
  • or the manufacture or possession occurred under other circumstances in which a reasonably prudent person would know that the manufacture or possession may be seen, smelled, or heard by a child.

An illegal drug is present in a child's body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child. 

The person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance, or In the presence of the child possesses a product containing ephedrine or pseudoephedrine, their salts & isomers, with the intent to use as a precursor or an intermediary to a dangerous substance. 

 

Search the Code of Iowa:  http://www.legis.state.ia.us/