9 GCA § 80.39.2: Exceptions.

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.