Persons under the age of twenty-one seeking emergency assistance for overdose — immunity.

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701.12 Persons under the age of twenty-one seeking emergency assistance for overdose — immunity.

1. A person under the age of twenty-one years shall not be charged or prosecuted for the violation of any of the following offenses if the evidence for the charge was obtained as a result of the person in good faith seeking emergency medical assistance for the person or another person due to an alcohol overdose:

a. Section 123.46.

b. Section 123.47, subsection 3 or 4.

c. Section 321.216B.

2. To be eligible for immunity under this section, the reporting person, or persons acting in concert, must do all of the following:

a. Be the first person to seek emergency assistance.

b. Provide the reporting person’s name and contact information to medical or law enforcement personnel.

c. Remain on the scene until assistance arrives or is provided.

d. Cooperate with medical and law enforcement personnel.

3. The person for whom emergency assistance was sought as described in subsection 1 shall not be charged or prosecuted for an offense listed in subsection 1.

2020 Acts, ch 1080, §6

Referred to in §123.46, 123.47, 123.47B, 262.9, 321.216B

NEW section


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