- Amended by St.2012, c. 192, §§ 30-31
- Amended by St.2018, c. 69, § 57, effective April 13, 2018
Any person who violates the provisions of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I while in, on or within 300 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational or secondary school if the violation occurs between 5:00a.m. and midnight, whether or not in session, or within 100 feet of a public park or playground and who during the commission of the offense: (i) used violence or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, or induced another participant to do so during the commission of the offense; or (ii) engaged in a course of conduct whereby the person directed the activities of another person who committed any felony in violation of this chapter; or (iii) committed or attempted to commit a violation of section 32F or section 32K shall be punished by a term of imprisonment in the state prison for not less than 2 ½ nor more than 15 years or by imprisonment in a jail or house of correction for not less than 2 nor more than 2 ½ years. No sentence imposed pursuant to this section shall be for less than a mandatory minimum term of imprisonment of 2 years. A fine of not less than $1,000 nor more than $10,000 may be imposed but not in lieu of the mandatory minimum 2 year term of imprisonment as established herein. In accordance with section 8A of chapter 279 such sentence shall begin from and after the expiration of the sentence for violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I.
Lack of knowledge of school boundaries shall not be a defense to any person who violates this section.
|Last updated:||June 21, 2019|