Exceptions

9 GCA § 80.39.2 — under Disposition of Offenders.

9 GCA § 80.39.2

Section 80.39.1 of this Article shall not apply if the court finds that: (a) the individual has a conviction for the same offense during the ten (10)-year period prior to the commission of the offense; (b) the individual intentionally uses a firearm in a manner that causes physical injury during the commission of the offense; or (c) the individual was the leader, manager, or supervisor of others in a continuing criminal enterprise. (d) the individual was convicted of criminal sexual conduct in the first or second degree pursuant to 9 GCA §§ 25.15 or 25.20. (e) the individual was convicted of any crime involving § 67.401.1(a) of Article 4, Chapter 67 of this Title. SOURCE: Added by P.L. 33-022:2 (May 7, 2015). Subsection (d) added by P.L. 36-017:1 (Apr 9, 2021). Subsection (e) added by P.L. 37-113:2 (July 22, 2024).