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21 U.S.C. § 861 — Employment or use of persons under 18 years of age in drug operations

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 861 — Employment or use of persons under 18 years of age in drug operations

**(a) Unlawful acts** It shall be unlawful for any person at least eighteen years of age to knowingly and intentionally— (1) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to violate any provision of this subchapter or subchapter II; (2) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to assist in avoiding detection or apprehension for any offense of this subchapter or subchapter II by any Federal, State, or local law enforcement official; or (3) receive a controlled substance from a person under 18 years of age, other than an immediate family member, in violation of this subchapter or subchapter II. **(b) Penalty for first offense** Any person who violates subsection (a) is subject to twice the maximum punishment otherwise authorized and at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. **(c) Penalty for subsequent offenses** Any person who violates subsection (a) after a prior conviction under subsection (a) of this section has become final, is subject to three times the maximum punishment otherwise authorized and at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. Penalties for third and subsequent convictions shall be governed by [section 841(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b/1/A&num=0&edition=prelim). **(d) Penalty for providing

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Stable record: federal_law:legal_authorities:record_usc_2a5d51ffb326a06ad943a2b3
Source file: Laws/federal/codes/united-states-code/title-21/section-861-employment-or-use-of-persons-under-18-years-of-age-in-drug-operations--d3d7fd72e7.md
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Source location: Title 21, Chapter 13, § 861; chapter-013-drug-abuse-prevention-and-control.md

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**(a) Unlawful acts** It shall be unlawful for any person at least eighteen years of age to knowingly and intentionally— (1) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to violate any provision of this subchapter or subchapter II; (2) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to assist in avoiding detection or apprehension for any offense of this subchapter or subchapter II by any Federal, State, or local law enforcement official; or (3) receive a controlled substance from a person under 18 years of age, other than an immediate family member, in violation of this subchapter or subchapter II. **(b) Penalty for first offense** Any person who violates subsection (a) is subject to twice the maximum punishment otherwise authorized and at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. **(c) Penalty for subsequent offenses** Any person who violates subsection (a) after a prior conviction under subsection (a) of this section has become final, is subject to three times the maximum punishment otherwise authorized and at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. Penalties for third and subsequent convictions shall be governed by [section 841(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b/1/A&num=0&edition=prelim). **(d) Penalty for providing or distributing controlled substance to underage person** Any person who violates subsection (a)(1) or (2) 11 So in original. Probably should be followed by a dash. (1) by knowingly providing or distributing a controlled substance or a controlled substance analogue to any person under eighteen years of age; or (2) if the person employed, hired, or used is fourteen years of age or younger, shall be subject to a term of imprisonment for not more than five years or a fine of not more than $50,000, or both, in addition to any other punishment authorized by this section. **(e) Suspension of sentence; probation; parole** In any case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under this section of an offense for which a mandatory minimum term of imprisonment is applicable shall not be eligible for parole under [section 4202 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4202&num=0&edition=prelim) 22 See References in Text note below. until the individual has served the mandatory term of imprisonment as enhanced by this section. **(f) Distribution of controlled substance to pregnant individual** Except as authorized by this subchapter, it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of any provision of this subchapter. Any person who violates this subsection shall be subject to the provisions of subsections (b), (c), and (e).

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3551 — Authorized sentences

**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclu­sively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case. **(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; (2) a fine as authorized by subchapter C; or (3) a term of imprisonment as authorized by subchapter D. A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. **(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; or (2) a fine as authorized by subchapter C. A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3592 — Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified

**(a) Mitigating Factors.—** In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following: (1) **Impaired capacity.—** — The defendant’s capacity to appreciate the wrongfulness of the defendant’s conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge. (2) **Duress.—** — The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge. (3) **Minor participation.—** — The defendant is punishable as a principal in the offense, which was committed by another, but the defendant’s participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge. (4) **Equally culpable defendants.—** — Another defendant or defendants, equally culpable in the crime, will not be punished by death. (5) **No prior criminal record.—** — The defendant did not have a significant prior history of other criminal conduct. (6) **Disturbance.—** — The defendant committed the offense under severe mental or emotional disturbance. (7) **Victim’s consent.—** — The victim consented to the criminal conduct that resulted in the victim’s death. (8) **Other factors.—** — Other factors in the defendant’s background, record, or character or any other circumstance of the offense that mitigate against imposition of the death sentence. **(b) Aggravating Factors for Espionage and Treason.—** In determining whether a sentence of death is justified for an offense described in section 3591(a)(1), the jury, or if there is no jury, the court, shall consi

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 845 to 845b — Transferred

### Statutory Notes #### Codification Section 845, Pub. L. 91–513, title II, § 405, Oct. 27, 1970, 84 Stat. 1265, as amended, which related to distribution of controlled substances to persons under age twenty-one, was renumbered § 418 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to [section 859 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section859&num=0&edition=prelim). Section 845a, Pub. L. 91–513, title II, § 405A, as added Pub. L. 98–473, title II, § 503(a), Oct. 12, 1984, 98 Stat. 2069, and amended, which related to distribution or manufacturing of controlled substances in or near schools and colleges, was renumbered § 419 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to [section 860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section860&num=0&edition=prelim). Section 845b, Pub. L. 91–513, title II, § 405B, as added Pub. L. 99–570, title I, § 1102, Oct. 27, 1986, 100 Stat. 3207–10, and amended, which related to employment or use of persons under 18 years of age in drug operations, was renumbered § 420 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(c), Nov. 29, 1990, 104 Stat. 4827, and transferred to [section 861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section861&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 845 to 845b

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 861 — Employment or use of persons under 18

Page 868 TITLE 21—FOOD AND DRUGS § 860a 1 So in original. Probably should be followed by a dash. 2 See References in Text note below. Crimes and Criminal Procedure (Nov. 1, 1987), see sec- tion 1004(b) of Pub. L. 99–570 set out as a note under sec- tion 841 of this title. § 860a. Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphet- amine on premises where children are present or reside Whoever violates section 841(a)(1) of this title by manufacturing or distributing, or possessing with intent to manufacture or distribute, meth- amphetamine or its salts, isomers or salts of iso- mers on premises in which an individual who is under the age of 18 years is present or resides, shall, in addition to any other sentence imposed, be imprisoned for a period of any term of years but not more than 20 years, subject to a fine, or both. (Pub. L. 91–513, title II, § 419a, as added Pub. L. 109–177, title VII, § 734(a), Mar. 9, 2006, 120 Stat. 270.) § 861. Employment or use of persons under 18 years of age in drug operations (a) Unlawful acts It shall be unlawful for any person at least eighteen years of age to knowingly and inten- tionally— (1) employ, hire, use, persuade, induce, en- tice, or coerce, a person under eighteen years of age to violate any provision of this sub- chapter or subchapter II; (2) employ, hire, use, persuade, induce, en- tice, or coerce, a person under eighteen years of age to assist in avoiding detection or appre- hension for any offense of this subchapter or subchapter II by any Federal, State, or local law enforcement official; or (3) receive a controlled substance from a per- son under 18 years of age, other than an imme- diate family member, in violation o

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 861

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