-CITE-
21 USC Sec. 861 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part D - Offenses and
Penalties
-HEAD-
Sec. 861. Employment or use
of persons under 18 years of age in drug
operations
-STATUTE-
(a) Unlawful
acts
It shall be unlawful for any
person at least eighteen years of age
to knowingly and intentionally -
(1) employ, hire, use,
persuade, induce, entice, or coerce, a person
under eighteen years of age to violate any provision of this
subchapter or subchapter II of this chapter;
(2) employ, hire, use,
persuade, induce, entice, or coerce, a person
under eighteen years of age to assist in avoiding detection
or apprehension for any offense of this subchapter or subchapter
II of this chapter by any Federal, State, or local law enforcement
official; or
(3) receive a controlled
substance from a person under 18 years of age, other than an immediate
family member, in violation of this subchapter or subchapter II of
this chapter.
(b) Penalty
for first offense
Any person who violates subsection (a) of this section is subject to
twice the maximum punishment otherwise authorized and at least twice
any term of supervised release otherwise authorized for a first offense.
Except to the extent a greater minimum sentence is otherwise provided,
a term of imprisonment under this subsection shall not be less than
one year.
(c) Penalty
for subsequent offenses
Any person who violates subsection (a) of this section after a prior
conviction under subsection (a) of this section has become final, is
subject to three times the maximum punishment otherwise authorized and
at least three times any term of supervised release otherwise authorized
for a first offense. Except to the extent a greater minimum sentence
is otherwise provided, a term of imprisonment under this subsection
shall not be less than one year. Penalties for third and subsequent
convictions shall be governed by section 841(b)(1)(A) of this title.
(d) Penalty
for providing or distributing controlled substance to underage person
Any person who violates subsection (a)(1) or (2) of this section (FOOTNOTE
1)
(FOOTNOTE 1) So in original.
Probably should be followed by a dash.
(1) by knowingly providing
or distributing a controlled substance or a controlled substance analogue
to any person under eighteen years of age; or (2) if the person employed,
hired, or used is fourteen years of age or younger, shall be subject
to a term of imprisonment for not more than five years or a fine of
not more than $50,000, or both, in addition to any other punishment
authorized by this section.
(e) Suspension
of sentence; probation; parole
In any case of any sentence
imposed under this section, imposition
or execution of such sentence shall not be suspended and probation
shall not be granted. An individual convicted under this section
of an offense for which a mandatory minimum term of imprisonment
is applicable shall not be eligible for parole under section
4202 of title 18 (FOOTNOTE 2) until the individual has served
the mandatory term of imprisonment as enhanced by this section.
(FOOTNOTE 2) See References
in Text note below.
(f) Distribution
of controlled substance to pregnant individual
Except as authorized
by this subchapter, it shall be unlawful for any
person to knowingly or intentionally provide or distribute any controlled
substance to a pregnant individual in violation of any provision
of this subchapter. Any person who violates this subsection
shall be subject to the provisions of subsections (b), (c),
and (e) of this section.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 420, formerly Sec. 405B, as added Pub.
L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat. 3207-10;
amended Pub. L. 100-690, title VI, Sec. 6452(b)(1), 6459, 6470(d),
Nov. 18, 1988, 102 Stat. 4371, 4373, 4378; renumbered Sec. 420
and amended Pub. L. 101-647, title X, Sec. 1002(c), 1003(c), title
XXXV, Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4932.)
-REFTEXT-
REFERENCES
IN TEXT
Section 4202 of title 18,
referred to in subsec. (e), which, as originally
enacted in Title 18, Crimes and Criminal Procedure, related
to eligibility of prisoners for parole, was repealed and a new
section 4202 enacted as part of the repeal and enactment of a new
chapter 311 (Sec. 4201 et seq.) of Title 18, by Pub. L. 94-233, Sec.
2, Mar. 15, 1976, 90 Stat. 219. For provisions relating to the eligibility
of prisoners for parole, see section 4205 of Title 18. Pub.
L. 98-473, title II, Sec. 218(a)(5), 235(a)(1), (b)(1), Oct. 12,
1984, 98 Stat. 2027, 2031, 2032, as amended, provided that, effective
on the first day of the first calendar month beginning 36 months
after Oct. 12, 1984 (Nov. 1, 1987), chapter 311 of Title 18 is
repealed, subject to remaining effective for five years after Nov.
1, 1987, in certain circumstances. See Effective Date note set
out under section 3551 of Title 18.
-COD-
CODIFICATION
Section was classified to
section 845b of this title prior to renumbering
by Pub. L. 101-647.
-MISC3-
AMENDMENTS
1990 - Subsec. (b). Pub.
L. 101-647, Sec. 1003(c)(1), which directed
the substitution of ''is subject to twice the maximum punishment
otherwise authorized'' for ''is punishable by a term of imprisonment
up to twice that authorized, or up to twice the fine authorized,
or both,'' was executed by making the substitution for ''is
punishable by a term of imprisonment up to twice that otherwise
authorized, or up to twice the fine otherwise authorized, or
both,'' to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 101-647,
Sec. 3599L, substituted ''has become
final'' for ''have become final''.
Pub. L. 101-647, Sec. 1003(c)(2),
which directed the substitution of
''is subject to three times the maximum punishment otherwise authorized''
for ''is punishable by a term of imprisonment up to three
times that authorized, or up to three times the fine authorized,
or both,'' was executed by making the substitution for ''is
punishable by a term of imprisonment up to three times that otherwise
authorized, or up to three times the fine otherwise authorized,
or both,'' to reflect the probable intent of Congress.
1988 - Subsec. (a)(3). Pub.
L. 100-690, Sec. 6459, added par.(3).
Subsec. (c). Pub. L. 100-690,
Sec. 6452(b)(1), struck out ''or convictions'' after ''a prior conviction''
and inserted at end ''Penalties for third and subsequent convictions
shall be governed by section 841(b)(1)(A) of this title.''
Subsec. (e). Pub. L. 100-690,
Sec. 6470(d), struck out ''required by section 841(b)
of this title'' after ''mandatory term of imprisonment''.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in section 841 of this title; title 18
sections 3592, 3663.
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