All Agencies, Latest Month All Agencies, Previous FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
1 Prosecution
in October 2014
15 Prosecutions
in Fiscal Year 2014
Conviction Report
Not Available
23 Convictions
in Fiscal Year 2014

CITE

    21 USC Sec. 860                                             01/05/2009

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)(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 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, Secs. 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, Secs. 6452(b)(1), 6457,
    6458, Nov. 18, 1988, 102 Stat. 4371, 4373; renumbered Sec. 419 and
    amended Pub. L. 101-647, title X, Secs. 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.)

CODIFICATION

      Section was classified to section 845a of this title prior to
    renumbering by Pub. L. 101-647.

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, Secs. 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, Secs. 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, Secs. 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, Secs. 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, Secs. 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 of this title.
Customized queries of TRAC's data TRAC FBI Web Site TRAC DEA Web Site TRAC Immigration Web Site TRAC DHS Web Site TRAC IRS Web Site TRAC ATF Web Site TRAC Reports Web Site
Transactional Records Access Clearinghouse, Syracuse University
Copyright 2010
TRAC Web Site