Browse Arkansas Code titles and sections
18 U.S.C. § 36 — Drive-by shooting
Federal law — U.S. Code and appendices · legal_authorities
**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848/c&num=0&edition=prelim));
(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act ([21 U.S.C. 846](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section846&num=0&edition=prelim)) section 11 So in original. Probably should be preceded by “or”. 1013 of the Controlled Substances Import and Export Act ([21 U.S.C. 963](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section963&num=0&edition=prelim)); 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b/1/A&num=0&edition=prelim)) or section 1010(b)(1) of the Controlled Substances Import and Export Act ([21 U.S.C. 960(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section960/b/1&num=0&edition=prelim)).
**(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
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Source file: Laws/federal/codes/united-states-code/title-18/section-36-drive-by-shooting--afcb9c0266.md
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Source location: Title 18, Chapter 2, § 36; chapter-002-aircraft-and-motor-vehicles.md
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**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848/c&num=0&edition=prelim));
(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act ([21 U.S.C. 846](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section846&num=0&edition=prelim)) section 11 So in original. Probably should be preceded by “or”. 1013 of the Controlled Substances Import and Export Act ([21 U.S.C. 963](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section963&num=0&edition=prelim)); 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b/1/A&num=0&edition=prelim)) or section 1010(b)(1) of the Controlled Substances Import and Export Act ([21 U.S.C. 960(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section960/b/1&num=0&edition=prelim)).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
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Federal law — U.S. Code and appendices · legal_authorities
Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in [section 7 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim), or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
**(b)**
(1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.
(2)
(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, no
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Federal law — U.S. Code and appendices · legal_authorities
Page 23
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 36
1 So in original. Probably should be preceded by ‘‘or’’.
Whoever, with like intent, willfully disables or
incapacitates any driver or person employed in
connection with the operation or maintenance
of the motor vehicle, or in any way lessens the
ability of such person to perform his duties as
such; or
Whoever willfully attempts or conspires to do
any of the aforesaid acts—
shall be fined under this title or imprisoned
not more than twenty years, or both.
(b) Whoever is convicted of a violation of sub-
section (a) involving a motor vehicle that, at
the time the violation occurred, carried high-
level radioactive waste (as that term is defined
in section 2(12) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(12))) or spent nuclear fuel
(as that term is defined in section 2(23) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(23))), shall be fined under this title and im-
prisoned for any term of years not less than 30,
or for life.
(Added July 14, 1956, ch. 595, § 1, 70 Stat. 540;
amended
Pub.
L.
103–322,
title
XXXIII,
§ 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
104–88, title IV, § 402(a), Dec. 29, 1995, 109 Stat.
955; Pub. L. 109–177, title IV, § 406(c)(1), Mar. 9,
2006, 120 Stat. 245.)
Editorial Notes
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–177 inserted ‘‘or con-
spires’’ before ‘‘to do any of the aforesaid acts’’ in
fourth par.
1995—Pub. L. 104–88 designated existing provisions as
subsec. (a) and added subsec. (b).
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $10,000’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pu
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 36
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful acts** Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
**(b) Penalties** Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
(1)
(A) In the case of a violation of subsection (a) of this section involving—
(i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
(ii) 5 kilograms or more of a mixture or substance containing a detectable amount of—
(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
(iii) 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [
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Federal law — U.S. Code and appendices · legal_authorities
Page 839
TITLE 21—FOOD AND DRUGS
§ 841
issued, the Secretary of Veterans Affairs shall
report to the Attorney General the authoriza-
tion of that emergency prescription.
(j) Clarification concerning prescription trans-
fers
Any transfer between pharmacies of informa-
tion relating to a prescription for a controlled
substance shall meet the applicable require-
ments under regulations promulgated by the At-
torney General under this chapter.
(Pub. L. 91–513, title II, § 311, as added Pub. L.
110–425, § 3(d)(1), Oct. 15, 2008, 122 Stat. 4825;
amended Pub. L. 115–271, title III, § 3232, Oct. 24,
2018, 132 Stat. 3950; Pub. L. 117–215, title I,
§ 103(b)(1)(F), Dec. 2, 2022, 136 Stat. 2263.)
Editorial Notes
REFERENCES IN TEXT
Section 309, referred to in subsec. (c)(7), is section 309
of Pub. L. 91–513, which is classified to section 829 of
this title.
For effective date of this section, referred to in sub-
sec. (d)(3), see Effective Date note below.
The Indian Self-Determination and Education Assist-
ance Act, referred to in subsec. (g)(1), (2)(B), is Pub. L.
93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified
principally to chapter 46 (§ 5301 et seq.) of Title 25, Indi-
ans. For complete classification of this Act to the Code,
see Short Title note set out under section 5301 of Title
25 and Tables.
This chapter, referred to in subsec. (j), was in the
original ‘‘this Act’’, meaning Pub. L. 91–513, Oct. 27,
1970, 84 Stat. 1236. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 801 of this title and Tables.
AMENDMENTS
2022—Subsec. (h)(1)(B). Pub. L. 117–215 substituted
‘‘823(g)’’ for ‘‘823(f)’’ wherever appearing.
2018—Subsec. (h)(2). Pub. L. 115–271 amended par. (2)
generally. Prior to amendment, te
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Federal law — U.S. Code and appendices · legal_authorities
Page 856
TITLE 21—FOOD AND DRUGS
§§ 845 to 845b
of Justice solely for the purpose of determining
in any subsequent proceeding whether the per-
son qualified for a civil penalty or expungement
under this section. If a record is expunged under
this subsection, an individual concerning whom
such an expungement has been made shall not
be held thereafter under any provision of law to
be guilty of perjury, false swearing, or making a
false statement by reason of his failure to recite
or acknowledge a proceeding under this section
or the results thereof in response to an inquiry
made of him for any purpose.
(Pub. L. 91–513, title II, § 405, formerly Pub. L.
100–690, title VI, § 6486, Nov. 18, 1988, 102 Stat.
4384, renumbered § 405 of Pub. L. 91–513, and
amended Pub. L. 101–647, title X, § 1002(g)(1), (2),
Nov. 29, 1990, 104 Stat. 4828.)
Editorial Notes
PRIOR PROVISIONS
A prior section 405 of Pub. L. 91–513 was renumbered
section 418 and is classified to section 859 of this title.
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–647, § 1002(g)(2)(A), made
technical
amendments
to
references
to
sections
841(b)(1)(A) and 844 of this title to correct references to
corresponding provisions of original act.
Subsecs. (c), (j)(4). Pub. L. 101–647, § 1002(g)(2)(B), (C),
struck out ‘‘as defined in section 802 of this title’’ after
‘‘controlled substance’’.
§§ 845 to 845b. Transferred
Editorial 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.
Section 845a,
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalties; forfeitures** Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim); except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim).
**(b) Life imprisonment for engaging in continuing criminal enterprise** Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if—
(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and
(2)
(A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in sub[section 841(b)(1)(B) of this title](https://uscode.ho
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Federal law — U.S. Code and appendices · legal_authorities
Page 856
TITLE 21—FOOD AND DRUGS
§§ 845 to 845b
of Justice solely for the purpose of determining
in any subsequent proceeding whether the per-
son qualified for a civil penalty or expungement
under this section. If a record is expunged under
this subsection, an individual concerning whom
such an expungement has been made shall not
be held thereafter under any provision of law to
be guilty of perjury, false swearing, or making a
false statement by reason of his failure to recite
or acknowledge a proceeding under this section
or the results thereof in response to an inquiry
made of him for any purpose.
(Pub. L. 91–513, title II, § 405, formerly Pub. L.
100–690, title VI, § 6486, Nov. 18, 1988, 102 Stat.
4384, renumbered § 405 of Pub. L. 91–513, and
amended Pub. L. 101–647, title X, § 1002(g)(1), (2),
Nov. 29, 1990, 104 Stat. 4828.)
Editorial Notes
PRIOR PROVISIONS
A prior section 405 of Pub. L. 91–513 was renumbered
section 418 and is classified to section 859 of this title.
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–647, § 1002(g)(2)(A), made
technical
amendments
to
references
to
sections
841(b)(1)(A) and 844 of this title to correct references to
corresponding provisions of original act.
Subsecs. (c), (j)(4). Pub. L. 101–647, § 1002(g)(2)(B), (C),
struck out ‘‘as defined in section 802 of this title’’ after
‘‘controlled substance’’.
§§ 845 to 845b. Transferred
Editorial 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.
Section 845a,
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 848
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful acts** Any person who—
(1) contrary to section 825, 952, 953, or 957 of this title, knowingly or intentionally imports or exports a controlled substance,
(2) contrary to [section 955 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section955&num=0&edition=prelim), knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or
(3) contrary to [section 959 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section959&num=0&edition=prelim), manufactures, possesses with intent to distribute, or distributes a controlled substance,
shall be punished as provided in subsection (b).
**(b) Penalties**
(1) In the case of a violation of subsection (a) of this section involving—
(A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
(B) 5 kilograms or more of a mixture or substance containing a detectable amount of—
(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers;
(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii);
(C) 280 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base;
(D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(E) 10 grams or more of a mixture or substance containing a detecta
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