PRIA, Government Policy, Made Personal

Summary

Makes it a crime for someone who is carrying out or trying to hide a major drug crime to fire a gun into a crowd of two or more people on purpose to scare, bother, hurt, or maim them. "Major drug offense" means one of three things: a continuing criminal enterprise under federal drug law; a conspiracy to distribute controlled substances under federal law; or an offense involving very large amounts of drugs under federal law. If the shooting creates a serious risk to life, the shooter can get up to 25 years in prison, a fine, or both. If the shooting kills someone, punishment follows the murder charge: for first‑degree murder the penalty can be death, life, or any term of years and a fine; for other murder it is a fine and imprisonment for any term of years or life, or both.

Title 18, §36

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(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 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.

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