(Caution: 1998 Prop. 105 applies)

1. A. A person who is at least eighteen years of age commits sale of lethal fentanyl if the person knowingly sells fentanyl in violation of section 13-3408, subsection A, paragraph 7 and both of the following apply:

   1. 1. The person knows that the drug being sold contains fentanyl.
   2. 2. The fentanyl causes the death of another person.
2. B. It is an affirmative defense to a charge brought under this section that the fentanyl and its precursor chemicals were either manufactured in the United States or were lawfully imported into the United States.
3. C. Sale of lethal fentanyl is a class 2 felony, except that the presumptive, minimum and maximum sentences shall be increased by five years.