18 U.S.C. § 36 — Drive-by shooting

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- Page 24 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 37 1 So in original. Probably should be section ‘‘13(c)’’. prisonment 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. (Added Pub. L. 103–322, title VI, § 60008(b), Sept. 13, 1994, 108 Stat. 1971; amended Pub. L. 104–294, title VI, § 604(b)(30), Oct. 11, 1996, 110 Stat. 3508.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(1), (2). Pub. L. 104–294 substituted ‘‘408(c)’’ for ‘‘403(c)’’ in par. (1) and ‘‘Export’’ for ‘‘Ex- port Control’’ in par. (2). Statutory Notes and Related Subsidiaries 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 Pub. L. 103–322, title VI, § 60008(a), Sept. 13, 1994, 108 Stat. 1971, provided that: ‘‘This section [enacting this section] may be cited as the ‘Drive-By Shooting Pre- vention Act of 1994’.’’ § 37. Violence at international airports (a) OFFENSE.—A person who unlawfully and in- tentionally, using any device, substance, or weapon— (1) performs an act of violence against a per- son at an airport serving international civil aviation that causes or is likely to cause seri- ous bodily injury (as defined in section 1365 of this title) or death; or (2) destroys or seriously damages the facili- ties of an airport serving international civil aviation or a civil aircraft not in service lo- cated thereon or disrupts the services of the airport, if such an act endangers or is likely to endanger safety at that airport, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) JURISDICTION.—There is jurisdiction over the prohibited activity in subsection (a) if— (1) the prohibited activity takes place in the United States; or (2) the prohibited activity takes place out- side the United States and (A) the offender is later found in the United States; or (B) an of- fender or a victim is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))). (c) BAR TO PROSECUTION.—It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term ‘‘labor dispute’’ has the meaning set forth in section 2(c) 1 of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the term ‘‘State’’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Added Pub. L. 103–322, title VI, § 60021(a), Sept. 13, 1994, 108 Stat. 1979; amended Pub. L. 104–132, title VII, §§ 721(g), 723(a)(1), Apr. 24, 1996, 110 Stat. 1299, 1300; Pub. L. 104–294, title VI, §§ 601(q), 607(o), Oct. 11, 1996, 110 Stat. 3502, 3512.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–132, § 723(a)(1), inserted ‘‘or conspires’’ after ‘‘attempts’’ in concluding provi- sions. Subsec. (b)(2). Pub. L. 104–132, § 721(g), inserted sub- par. (A) designation and added subpar. (B). Subsec. (c). Pub. L. 104–294 inserted heading and in- serted ‘‘, and the term ‘State’ means a State of the United States, the District of Columbia, and any com- monwealth, territory, or possession of the United States’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–322, title VI, § 60021(c), Sept. 13, 1994, 108 Stat. 1980, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall take effect on the later of— ‘‘(1) the date of enactment of this Act [Sept. 13, 1994]; or ‘‘(2) the date on which the Protocol for the Suppres- sion of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Mon- treal on 23 September 1971, has come into force and the United States has become a party to the Pro- tocol.’’ [Protocol came into force and United States became a party to the Protocol Nov. 18, 1994, Treaty Doc. 100–19.] § 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce (a) OFFENSES.—Whoever, in or affecting inter- state or foreign commerce, knowingly and with the intent to defraud— (1)(A) falsifies or conceals a material fact concerning any aircraft or space vehicle part; (B) makes any materially fraudulent rep- resentation concerning any aircraft or space vehicle part; or (C) makes or uses any materially false writ- ing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part; (2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any air- craft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or (3) attempts or conspires to commit an of- fense described in paragraph (1) or (2), shall be punished as provided in subsection (b). (b) PENALTIES.—The punishment for an offense under subsection (a) is as follows: