Crimes and Criminal Procedure - 18 USC Section 36

01/19/04

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

(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.

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'."

Last modified: April 12, 2006