18 U.S.C. § 343 — Presumptions

Page 107 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 351 (Added Pub. L. 89–81, title II, § 212(a), July 23, 1965, 79 Stat. 257; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 89–81, title II, § 212(c), July 23, 1965, 79 Stat. 257, provided that: ‘‘The amendments made by this sec- tion [enacting this section] shall apply only with re- spect to loans made, renewed, or increased on or after the 31st day after the date of enactment of this Act [July 23, 1965].’’ CHAPTER 17A—COMMON CARRIER OPER- ATION UNDER THE INFLUENCE OF ALCO- HOL OR DRUGS Sec. 341. Definitions. 342. Operation of a common carrier under the in- fluence of alcohol or drugs. 343. Presumptions. § 341. Definitions As used in this chapter, the term ‘‘common carrier’’ means a locomotive, a rail carrier, a sleeping car carrier, a bus transporting pas- sengers in interstate commerce, a water com- mon carrier, and an air common carrier. (Added Pub. L. 99–570, title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207–59; amended Pub. L. 100–690, title VI, § 6482(a), Nov. 18, 1988, 102 Stat. 4382.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 inserted ‘‘locomotive, a’’ after ‘‘means a’’. § 342. Operation of a common carrier under the influence of alcohol or drugs Whoever operates or directs the operation of a common carrier while under the influence of al- cohol or any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), shall be imprisoned not more than fifteen years or fined under this title, or both. (Added Pub. L. 99–570, title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207–59; amended Pub. L. 100–690, title VI, §§ 6473(a), (b), 6482(b), Nov. 18, 1988, 102 Stat. 4379, 4382.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 substituted ‘‘any controlled sub- stance (as defined in section 102 of the Controlled Sub- stances Act (21 U.S.C. 802))’’ for ‘‘drugs’’, ‘‘fifteen’’ for ‘‘five’’, and ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 343. Presumptions For purposes of this chapter— (1) an individual with a blood alcohol con- tent of .10 percent or more shall be presumed to be under the influence of alcohol; and (2) an individual shall be presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual. (Added Pub. L. 99–570, title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207–59; amended Pub. L. 100–690, title VI, § 6473(c), Nov. 18, 1988, 102 Stat. 4379.) Editorial Notes AMENDMENTS 1988—Par. (1). Pub. L. 100–690, § 6473(c)(1), substituted ‘‘.10 percent’’ for ‘‘.10’’ and struck out ‘‘conclusively’’ after ‘‘shall be’’. Par. (2). Pub. L. 100–690, § 6473(c)(2), struck out ‘‘con- clusively’’ after ‘‘shall be’’. CHAPTER 18—CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPPING, AND ASSAULT Sec. 351. Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; pen- alties. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150, which directed the amendment of this title ‘‘by striking ‘kidnaping’ each place it appears and inserting ‘kidnapping’ ’’, was executed by sub- stituting ‘‘KIDNAPPING’’ for ‘‘KIDNAPING’’ in chap- ter heading, to reflect the probable intent of Congress. Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150, substituted ‘‘kidnapping’’ for ‘‘kid- naping’’ in item 351. 1982—Pub. L. 97–285, § 2(b), (c), Oct. 6, 1982, 96 Stat. 1219, substituted ‘‘CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPING, AND ASSAULT’’ for ‘‘CONGRESSIONAL ASSASSINA- TION, KIDNAPING, AND ASSAULT’’ as chapter head- ing and substituted ‘‘Congressional, Cabinet, and Su- preme Court assassination, kidnaping, and assault: pen- alties’’ for ‘‘Congressional assassination, kidnaping, and assault; penalties’’ in item 351. 1971—Pub. L. 91–644, title IV, § 15, Jan. 2, 1971, 84 Stat. 1891, added chapter 18 and item 351. § 351. Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties (a) Whoever kills any individual who is a Member of Congress or a Member-of-Congress- elect, a member of the executive branch of the Government who is the head, or a person nomi- nated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nom- inated to be Director during the pendency of such nomination) or Principal Deputy Director of National Intelligence, the Director (or a per- son nominated to be Director during the pend- ency of such nomination) or Deputy Director of the Central Intelligence Agency, a major Presi- dential or Vice Presidential candidate (as de- fined in section 3056 of this title), or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such