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

Summary

Firing a gun into a group of two or more people while helping carry out or trying to avoid being caught for a major drug crime, and doing so to scare, harass, hurt, or maim, is a federal crime. If the shooting creates a serious risk to anyone's life, the shooter can be fined, imprisoned for up to 25 years, or both. If someone is killed, the shooter is punished for murder: if the killing is first‑degree under 18 U.S.C. 1111(a) the penalty can be death or any term of years or life in prison plus a fine; if it is a murder other than first‑degree the penalty is a fine, imprisonment for any term of years or life, or both. Major drug offense means: a continuing criminal enterprise (21 U.S.C. 848(c)); a conspiracy to distribute controlled substances (21 U.S.C. 846) or related import/export conspiracy (21 U.S.C. 963); or an offense involving large drug quantities punishable under 21 U.S.C. 841(b)(1)(A) or 21 U.S.C. 960(b)(1).

Title 18, §36

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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 11 So in original. Probably should be preceded by “or”. 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)(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a)(1), (2). Pub. L. 104–294 substituted “408(c)” for “403(c)” in par. (1) and “Export” for “Export Control” in par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Short Title

Pub. L. 103–322, title VI, § 60008(a), Sept. 13, 1994, 108 Stat. 1971, provided that: “This section [enacting this section] may be cited as the ‘Drive-By Shooting Prevention Act of 1994’.”

§36 Drive-by shooting