18 U.S.C. § 36 Drive-By Shooting

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(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) );

(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act ( 21 U.S.C. 846 ) section 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 Controlled 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-