§ 36

Drive-by shooting

Death penalty possible Violence & Threats None sentenced (FY2025) Ch. 2 · Aircraft and Motor Vehicles

Official text prohibited actmental stateif conditionpenaltylegal term

(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 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 , 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, , or both; or

(B) is a murder other than a first degree murder (as defined in section 1111(a)), be , imprisoned for any term of years or for life, or both.

History: (Added Pub. L. 103–322, title VI, §60008(b), Sept. 13, 1994, 108 Stat. 1971 (PDF, 52 MB); amended Pub. L. 104–294, title VI, §604(b)(30), Oct. 11, 1996, 110 Stat. 3508.)

1 So in original. Probably should be preceded by "or".

2 crimes in this section

(b)(1) Fires a weapon into a group of two or more persons
Conditions
- In the course of such conduct, the person causes grave risk to any human life
Penalty
- Up to 25 years in prison, a fine, or both
(b)(2) Fires a weapon into a group of 2 or more persons and, in the course of such conduct, kills any person
Conditions
- In the course of such conduct, the person kills any person
Penalty
- For a murder other than first degree murder (as defined in section 1111(a)): a fine, imprisonment for any term of years or for life, or both
- If the killing is a first degree murder (as defined in section 1111(a)): Death or imprisonment for any term of years or for life, a fine, or both

Applies to all 2 crimes above

Federal basis

Committed in furtherance or to escape detection of a major drug offense (an offense under the Controlled Substances Act or the Controlled Substances Import and Export Act)

Mental state

In furtherance or to escape detection of a major drug offense
With the intent to intimidate, harass, injure, or maim

Key terms

"major drug offense": a continuing criminal enterprise punishable under 21 U.S.C. 848(c); a conspiracy to distribute controlled substances punishable under 21 U.S.C. 846 or 963; or an offense involving major quantities of drugs punishable under 21 U.S.C. 841(b)(1)(A) or 960(b)(1)

Simplified explanation

It is a federal crime to fire a weapon into a group of two or more people to intimidate, harass, injure, or maim them, when this is done to further or hide a major drug offense. A "major drug offense" means large-scale drug trafficking, drug conspiracies, or running a continuing drug enterprise as defined in federal drug laws. The punishment depends on whether someone is killed.

Official page on GovInfo ↗ PDF ↗