§2118 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Stealing or trying to steal drugs by using force, violence, or threats from a person or from where a person keeps them is a federal crime when the drugs belong to or are in the care of someone registered with the Drug Enforcement Administration under section 302 of the Controlled Substances Act (21 U.S.C. 822). Breaking into business property to steal such drugs is also a crime. If the drugs would cost the registrant at least $500 to replace, or the thief used interstate travel or any interstate service to help the crime, or someone was killed or badly hurt because of the crime, the offender can be fined and sent to prison for up to 20 years, or both. If a dangerous weapon is used to assault or put a person’s life at risk during the crime, the jail time can be up to 25 years plus a fine. If someone is killed, the offender can be fined and sent to prison for any number of years or for life, or both. If two or more people plan the crime and one takes a step toward it, each can be fined or jailed for up to 10 years, or both. Controlled substance — as defined in section 102 of the Controlled Substances Act. Business premises or property — includes vehicles and storage facilities. Significant bodily injury — a serious injury that risks death, causes great pain, long-lasting disfigurement, or long-lasting loss of a body function or mental/sensory ability.

Title 18, §2118

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever takes or attempts to take from the person or presence of another by force or violence or by intimidation any material or compound containing any quantity of a controlled substance belonging to or in the care, custody, control, or possession of a person registered with the Drug Enforcement Administration under section 302 of the Controlled Substances Act (21 U.S.C. 822) shall, except as provided in subsection (c), be fined under this title or imprisoned not more than twenty years, or both, if (1) the replacement cost of the material or compound to the registrant was not less than $500, (2) the person who engaged in such taking or attempted such taking traveled in interstate or foreign commerce or used any facility in interstate or foreign commerce to facilitate such taking or attempt, or (3) another person was killed or suffered significant bodily injury as a result of such taking or attempt.

(b)Whoever, without authority, enters or attempts to enter, or remains in, the business premises or property of a person registered with the Drug Enforcement Administration under section 302 of the Controlled Substances Act (21 U.S.C. 822) with the intent to steal any material or compound containing any quantity of a controlled substance shall, except as provided in subsection (c), be fined under this title or imprisoned not more than twenty years, or both, if (1) the replacement cost of the controlled substance to the registrant was not less than $500, (2) the person who engaged in such entry or attempted such entry or who remained in such premises or property traveled in interstate or foreign commerce or used any facility in interstate or foreign commerce to facilitate such entry or attempt or to facilitate remaining in such premises or property, or (3) another person was killed or suffered significant bodily injury as a result of such entry or attempt.

(c)(1)Whoever in committing any offense under subsection (a) or (b) assaults any person, or puts in jeopardy the life of any person, by the use of a dangerous weapon or device shall be fined under this title and imprisoned for not more than twenty-five years.

(2)Whoever in committing any offense under subsection (a) or (b) kills any person shall be fined under this title or imprisoned for any term of years or life, or both.

(d)If two or more persons conspire to violate subsection (a) or (b) of this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than ten years or both.

(e)For purposes of this section—

(1)the term “controlled substance” has the meaning prescribed for that term by section 102 of the Controlled Substances Act;

(2)the term “business premises or property” includes conveyances and storage facilities; and

(3)the term “significant bodily injury” means bodily injury which involves a risk of death, significant physical pain, protracted and obvious disfigurement, or a protracted loss or impairment of the function of a bodily member, organ, or mental or sensory faculty.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 102 of the Controlled Substances Act, referred to in subsec. (e)(1), is classified to section 802 of Title 21, Food and Drugs.

Amendments

1994—Subsecs. (a), (b). Pub. L. 103–322, § 330016(1)(O), substituted “fined under this title” for “fined not more than $25,000”. Subsec. (c)(1). Pub. L. 103–322, § 330016(1)(P), substituted “fined under this title” for “fined not more than $35,000”. Subsec. (c)(2). Pub. L. 103–322, § 330016(1)(Q), substituted “fined under this title” for “fined not more than $50,000”. Subsec. (d). Pub. L. 103–322, § 330016(1)(O), substituted “fined under this title” for “fined not more than $25,000”.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 98–305, § 1,

May 31, 1984, 98 Stat. 221, provided: “That this Act [enacting this section and provisions set out as a note under section 522 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Controlled Substance Registrant Protection Act of 1984’.” Report to CongressAttorney General, for first three years after

May 31, 1984, to submit to Congress an annual report with respect to

Enforcement

activities relating to offenses under this section, see section 4 of Pub. L. 98–305, set out as a note under section 522 of Title 28, Judiciary and Judicial Procedure.

§2118 Robberies and burglaries involving controlled substances