§ 36. — Driveby shooting.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC36]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES
Sec. 36. Drive-by shooting
(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
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\1\ So in original. Probably should be preceded by ``or''.
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(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.
(Added Pub. L. 103-322, title VI, Sec. 60008(b), Sept. 13, 1994, 108
Stat. 1971; amended Pub. L. 104-294, title VI, Sec. 604(b)(30), Oct. 11,
1996, 110 Stat. 3508.)
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).
Effective Date of 1996 Amendment
Amendment 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
Section 60008(a) of Pub. L. 103-322 provided that: ``This section
[enacting this section] may be cited as the `Drive-By Shooting
Prevention Act of 1994'.''
Section Referred to in Other Sections
This section is referred to in title 42 section 3751.
