-CITE-
21 USC Sec. 860 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. 860. Distribution or
manufacturing in or near schools and colleges
-STATUTE-
(a) Penalty
Any person who violates section 841(a)(1) of this title or section 856
of this title by distributing, possessing with intent to distribute,
or manufacturing a controlled substance in or on, or within one thousand
feet of, the real property comprising a public or private elementary,
vocational, or secondary school or a public or private college, junior
college, or university, or a playground, or housing facility owned by
a public housing authority, or within 100 feet of a public or private
youth center, public swimming pool, or video arcade facility, is (except
as provided in subsection (b) of this section) subject to (1) twice
the maximum punishment authorized by section 841(b)
of this title; and (2) at least twice any term of supervised release
authorized by section 841(b) of this title for
a first offense. A fine up to twice that authorized by section
841(b) of this title may be imposed in addition to any term of imprisonment
authorized by this subsection. Except to the extent a greater minimum
sentence is otherwise provided by section 841(b)
of this title, a person shall be sentenced under this subsection to
a term of imprisonment of not less than one year. The mandatory minimum
sentencing provisions of this paragraph shall not apply to offenses
involving 5 grams or less of marihuana.
(b) Second
offenders
Any person who violates section 841(a)(1) of this title or section 856
of this title by distributing, possessing with intent to distribute,
or manufacturing a controlled substance in or on, or within one thousand
feet of, the real property comprising a public or private elementary,
vocational, or secondary school or a public or private college, junior
college, or university, or a playground, or housing facility owned by
a public housing authority, or within 100 feet of a public or private
youth center, public swimming pool, or video arcade facility, after
a prior conviction under subsection (a) of this section has become final
is punishable (1) by the greater of (A) a term of imprisonment of not
less than three years and not more than life imprisonment or (B) three
times the maximum punishment authorized by section 841(b)
of this title for a first offense, and (2) at least three times any
term of supervised release authorized by section 841(b)
of this title for a first offense. A fine up to three times that authorized
by section 841(b) of this title may be imposed
in addition to any term of imprisonment authorized by this subsection.
Except to the extent a greater minimum sentence is otherwise provided
by section 841(b) of this title, a person shall
be sentenced under this subsection to a term of imprisonment of not
less than three years. Penalties for third and subsequent convictions
shall be governed by section 841(b)(b)(1)(A)
of this title.
(c) Employing
children to distribute drugs near schools or playgrounds
Notwithstanding any
other law, any person at least 21 years of age
who knowingly and intentionally -
(1) employs, hires, uses,
persuades, induces, entices, or coerces a person under 18 years of
age to violate this section; or
(2) employs, hires, uses,
persuades, induces, entices, or coerces a person under 18 years of
age to assist in avoiding detection or apprehension for any offense
under this section by any Federal, State, or local law enforcement
official, is punishable by a term of imprisonment, a fine, or both,
up to triple those authorized by section 841(b)
of this title.
(d) Suspension
of sentence; probation; parole In the case of any mandatory minimum
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 shall not be eligible for
parole until the individual has served the mandatory minimum term of
imprisonment as provided by this section.
(e) Definitions
For the purposes of this section -
(1) The term ''playground''
means any outdoor facility (including any parking lot appurtenant
thereto) intended for recreation, open to the public, and with any
portion thereof containing three or more separate apparatus intended
for the recreation of children including, but not limited to, sliding
boards, swingsets, and teeterboards.
(2) The term ''youth center''
means any recreational facility and/or
gymnasium (including any parking lot appurtenant thereto), intended
primarily for use by persons under 18 years of age, which
regularly provides athletic, civic, or cultural activities.
(3) The term ''video arcade
facility'' means any facility, legally accessible to persons under
18 years of age, intended primarily for the use of pinball and video
machines for amusement containing a minimum of ten pinball and/or
video machines.
(4) The term ''swimming
pool'' includes any parking lot appurtenant
thereto.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 419, formerly Sec. 405A, as added Pub.
L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat. 2069;
amended Pub. L. 99-570, title I, Sec. 1004(a), 1104, 1105(c), 1841(b),
1866(b), (c), Oct. 27, 1986, 100 Stat. 3207-6, 3207-11, 3207-52,
3207-55; Pub. L. 99-646, Sec. 28, Nov. 10, 1986, 100 Stat. 3598;
Pub. L. 100-690, title VI, Sec. 6452(b)(1), 6457, 6458, Nov. 18,
1988, 102 Stat. 4371, 4373; renumbered Sec. 419 and amended Pub.
L. 101-647, title X, Sec. 1002(b), 1003(b), title XII, Sec. 1214,
title XV, Sec. 1502, title XXXV, Sec. 3599L, Nov. 29, 1990, 104
Stat. 4827, 4829, 4833, 4836, 4932; Pub. L. 103-322, title XIV, Sec.
140006, title XXXII, Sec. 320107, title XXXIII, Sec. 330009(a),
Sept. 13, 1994, 108 Stat. 2032, 2111, 2143.)
-COD-
CODIFICATION
Section was classified to
section 845a of this title prior to renumbering
by Pub. L. 101-647.
-MISC3-
AMENDMENTS
1994 - Subsec. (a). Pub.
L. 103-322, Sec. 320107, substituted ''playground,
or housing facility owned by a public housing authority,
or within'' for ''playground, or within''.
Subsec. (b). Pub. L. 103-322,
Sec. 320107, 330009(a), substituted ''playground,
or housing facility owned by a public housing authority,
or within'' for ''playground, or within'' and inserted a period
at end of penultimate sentence.
Subsecs. (c) to (e). Pub.
L. 103-322, Sec. 140006, added subsec. (c)
and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
1990 - Subsec. (a). Pub.
L. 101-647, Sec. 1502(1), inserted ''or a playground,'' after ''university,''
and struck out ''playground,'' after ''within 100 feet of a''.
Pub. L. 101-647, Sec. 1214(1)(C),
substituted ''a person shall be sentenced
under this subsection to a term of imprisonment of not less
than one year'' for ''a term of imprisonment under this subsection
shall be not less than one year''.
Pub. L. 101-647, Sec. 1214(1)(B),
inserted ''A fine up to twice that
authorized by section 841(b) of this title may
be imposed in addition
to any term of imprisonment authorized by this subsection.''
Pub. L. 101-647, Sec. 1214(1)(A),
which directed the amendment of par. (1) by striking out '', or a fine,
or both,'' could not be executed because those words did not appear.
See note below.
Pub. L. 101-647, Sec. 1003(b)(1),
which directed the substitution of ''subject to (1) twice the maximum
punishment authorized by section 841(b) of this
title'' for ''punishable (1) by a term of imprisonment, or a fine, or
both, up to twice that authorized by section 841(b)
of this title'', was executed by making the substitution for ''punishable
(1) by a term of imprisonment, or fine, or both, up to twice that authorized
by section 841(b) of this title'' to reflect
the probable intent of Congress.
Subsec. (b). Pub. L. 101-647,
Sec. 3599L, substituted ''has become
final'' for ''have become final''.
Pub. L. 101-647, Sec. 1502(2),
inserted ''or a playground,'' after
''university,'' and struck out ''playground,'' after ''within 100
feet of a''.
Pub. L. 101-647, Sec. 1214(2)(B),
inserted after first sentence ''A
fine up to three times that authorized by section 841(b)
of this title may be
imposed in addition to any term of imprisonment authorized
by this subsection. Except to the extent a greater minimum
sentence is otherwise provided by section 841(b)
of this title, a person
shall be sentenced under this subsection to a term of
imprisonment of not less than three years''.
Subsec. (b)(1)(B). Pub. L.
101-647, Sec. 1214(2)(A), which directed
the amendment of subpar. (B) by striking '', or a fine up to
three times that'' through ''or both'', could not be executed because
the language did not appear after execution of the intervening
amendment by Pub. L. 101-647, Sec. 1003(b)(2). See below.
Pub. L. 101-647, Sec. 1003(b)(2),
substituted ''three times the maximum
punishment authorized by section 841(b) of this
title for a first offense''
for ''a term of imprisonment of up to three times that
authorized by section 841(b) of this title for
a first offense, or
a fine up to three times that authorized by section 841(b)
of this title for a first offense, or both''.
Subsec. (c). Pub. L. 101-647,
Sec. 1214(3), inserted ''mandatory minimum''
after ''In the case of any'', struck out ''subsection (b) of''
after ''imposed under'', and substituted ''An individual convicted
under this section shall not be eligible for parole until the
individual has served the mandatory minimum term of imprisonment
as provided by this section'' for ''An individual convicted
under subsection (b) of this section shall not be eligible
for parole under chapter 311 of title 18 until the individual
has served the minimum sentence required by such subsection''.
1988 - Subsec. (a). Pub.
L. 100-690, Sec. 6457, 6458(a), inserted '',
possessing with intent to distribute,'' after ''distributing'' and
'', or within 100 feet of a playground, public or private youth center,
public swimming pool, or video arcade facility,'' after ''university''.
Subsec. (b). Pub. L. 100-690,
Sec. 6452(b)(1), 6457, 6458(a), inserted '', possessing with intent
to distribute,'' after ''distributing'', and '', or within 100 feet
of a playground, public or private youth center, public swimming pool,
or video arcade facility,'' after ''university'', substituted ''a prior
conviction'' for ''a prior conviction or convictions'', and inserted
at end ''Penalties for third and subsequent convictions shall be governed
by section 841(b)(1)(A) of this title.''
Subsec. (d). Pub. L. 100-690,
Sec. 6458(b), added subsec. (d).
1986 - Subsec. (a). Pub. L.
99-570, Sec. 1104(a), (b), 1105(c), 1841(b)(1),
inserted ''or section 856 of this title'' and
''or manufacturing'',
substituted ''a public or private elementary, vocational,
or secondary school or a public or private college, junior
college, or university'' for ''a public or private elementary
or secondary school'', struck out ''involving the same controlled
substance and schedule'' after ''for a first offense'', and
inserted ''Except to the extent a greater minimum sentence is otherwise
provided by section 841(b) of this title, a
term of imprisonment
under this subsection shall be not less than one year.
The mandatory minimum sentencing provisions of this paragraph
shall not apply to offenses involving 5 grams or less of marihuana.''
Pub. L. 99-570, Sec. 1004(a),
substituted ''term of supervised release''
for ''special parole term''.
Subsec. (b). Pub. L. 99-646
which directed that ''parole'' be inserted
after ''(2) at least three times any special'' could not be
executed in view of prior amendment by Pub. L. 99-570, Sec. 1104(c)
below.
Pub. L. 99-570, Sec. 1166(b),
which directed that ''term of supervised
release'' be substituted for ''special term'' could not be
executed in view of prior amendment by Pub. L. 99-570, Sec. 1104(c)
below.
Pub. L. 99-570, Sec. 1104(a),
1841(b)(2), inserted reference to section
856 of this title, inserted ''or manufacturing''
after ''distributing''
and substituted ''a public or private elementary, vocational,
or secondary school or a public or private college, junior
college, or university'' for ''a public or private elementary
or secondary school''.
Pub. L. 99-570, Sec. 1104(c),
amended cls. (1) and (2) generally.
Prior to amendment, cls. (1) and (2) read as follows:
''(1) by a term of imprisonment
of not less than three years and not more than life imprisonment and
(2) at least three times any special term authorized by section 841(b)
of this title for a second or subsequent offense involving the same
controlled substance and schedule.''
Subsec. (c). Pub. L. 99-570,
Sec. 1866(c), substituted reference to chapter 311 of title 18 for reference
to section 4202 of that title.
EFFECTIVE
DATE OF 1986 AMENDMENT
Amendment by section 1004(a)
of Pub. L. 99-570 effective on date of
taking effect of section 3583 of Title 18, Crimes and Criminal Procedure
(Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set out
as a note under section 841(b) of this title.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in sections 841(b), 859
of this title; title
18 section 3592; title 42 section 14051.
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