18 U.S.C. § 34 — Penalty when death results

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 Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. § 34. Penalty when death results Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life. (Added July 14, 1956, ch. 595, § 1, 70 Stat. 540; amended Pub. L. 103–322, title VI, § 60003(a)(1), Sept. 13, 1994, 108 Stat. 1968.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘imprisonment for life.’’ for ‘‘imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order.’’ § 35. Imparting or conveying false information (a) Whoever imparts or conveys or causes to be imparted or conveyed false information, know- ing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime pro- hibited by this chapter or chapter 97 or chapter 111 of this title shall be subject to a civil pen- alty of not more than $1,000 which shall be re- coverable in a civil action brought in the name of the United States. (b) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the infor- mation to be false, concerning an attempt or al- leged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title—shall be fined under this title, or impris- oned not more than five years, or both. (Added July 14, 1956, ch. 595, § 1, 70 Stat. 540; amended Pub. L. 87–338, Oct. 3, 1961, 75 Stat. 751; Pub. L. 89–64, July 7, 1965, 79 Stat. 210; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1965—Subsec. (a). Pub. L. 89–64 substituted ‘‘subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States’’ for ‘‘fined not more than $1,000, or im- prisoned not more than one year, or both’’. 1961—Pub. L. 87–338 designated existing provisions as subsec. (a), struck out ‘‘willfully’’ before ‘‘imparts or conveys’’, and added subsec. (b). § 36. Drive-by shooting (a) DEFINITION.—In this section, ‘‘major drug offense’’ means— (1) a continuing criminal enterprise punish- able under section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c)); (2) a conspiracy to distribute controlled sub- stances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) sec- tion 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 Con- trolled 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 im-