18 U.S.C. § 36 — Drive-by shooting

submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 295 words · no verdicts yet

in plain englishAI-generated · not legal advice

Firing a weapon into a group of two or more people, to further or cover up a major drug offense, is a federal crime called "drive-by shooting." It carries up to 25 years if it creates grave risk to life, and can mean life imprisonment or the death penalty if it kills someone.

(a) Definition. "Major drug offense" covers three things: a continuing criminal enterprise punishable under the Controlled Substances Act; a conspiracy to distribute controlled substances punishable under the Controlled Substances Act or the Controlled Substances Import and Export Act; or an offense involving major drug quantities punishable under specific sections of those same two Acts. (b) Offense and penalties. If someone, to further or escape detection of a major drug offense, and intending to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people, causing grave risk to human life in the process, the penalty is up to 25 years in prison, a fine, or both. If that same conduct kills someone, the penalty depends on the type of killing. If it counts as first-degree murder under section 1111(a), the penalty is death, or imprisonment for any term of years or for life, plus a possible fine. If it's a murder that isn't first-degree, the penalty is a fine, imprisonment for any term of years or for life, or both.

the actual law source: uscode.house.gov ↗public domain

(a)Definition.—

In this section, “major drug offense” means—

(1)

a continuing criminal enterprise punishable under section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c));

(2)

a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) section 1 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 963); or

(3)

an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)).

(b)Offense and Penalties.—

(1)

A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both.

(2)

A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of 2 or more persons and who, in the course of such conduct, kills any person shall, if the killing—

(A)

is a first degree murder (as defined in section 1111(a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or

(B)

is a murder other than a first degree murder (as defined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both.

Source credit: (Added Pub. L. 103–322, title VI, § 60008(b), Sept. 13, 1994, 108 Stat. 1971; amended Pub. L. 104–294, title VI, § 604(b)(30), Oct. 11, 1996, 110 Stat. 3508.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-322 · 108 Stat. 1971
1996Amended · Pub. L. 104-294 · 110 Stat. 3508

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.

all 0 arguments · sorted by: best

no arguments yet — make the first case