§ 2118. — Robberies and burglaries involving controlled substances.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2118]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 103--ROBBERY AND BURGLARY
Sec. 2118. Robberies and burglaries involving controlled
substances
(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.
(Added Pub. L. 98-305, Sec. 2, May 31, 1984, 98 Stat. 221; amended Pub.
L. 103-322, title XXXIII, Sec. 330016(1)(O)-(Q), Sept. 13, 1994, 108
Stat. 2148.)
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, Sec. 330016(1)(O),
substituted ``fined under this title'' for ``fined not more than
$25,000''.
Subsec. (c)(1). Pub. L. 103-322, Sec. 330016(1)(P), substituted
``fined under this title'' for ``fined not more than $35,000''.
Subsec. (c)(2). Pub. L. 103-322, Sec. 330016(1)(Q), substituted
``fined under this title'' for ``fined not more than $50,000''.
Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(O), substituted ``fined
under this title'' for ``fined not more than $25,000''.
Short Title
Section 1 of Pub. L. 98-305 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 Congress
Attorney 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.
Section Referred to in Other Sections
This section is referred to in section 3559 of this title; title 42
section 14135a.
