TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 103 - ROBBERY AND BURGLARY
HEAD
Sec. 2118. Robberies and burglaries involving controlled substances
STATUTE
(a) Whoever takes or attempts to take from the person or presence
of another by force or violence or by intimidation any material or
compound containing any quantity of a controlled substance
belonging to or in the care, custody, control, or possession of a
person registered with the Drug Enforcement Administration under
section 302 of the Controlled Substances Act (21 U.S.C. 822) shall,
except as provided in subsection (c), be fined under this title or
imprisoned not more than twenty years, or both, if (1) the
replacement cost of the material or compound to the registrant was
not less than $500, (2) the person who engaged in such taking or
attempted such taking traveled in interstate or foreign commerce or
used any facility in interstate or foreign commerce to facilitate
such taking or attempt, or (3) another person was killed or
suffered significant bodily injury as a result of such taking or
attempt.
(b) Whoever, without authority, enters or attempts to enter, or
remains in, the business premises or property of a person
registered with the Drug Enforcement Administration under section
302 of the Controlled Substances Act (21 U.S.C. 822) with the
intent to steal any material or compound containing any quantity of
a controlled substance shall, except as provided in subsection (c),
be fined under this title or imprisoned not more than twenty years,
or both, if (1) the replacement cost of the controlled substance to
the registrant was not less than $500, (2) the person who engaged
in such entry or attempted such entry or who remained in such
premises or property traveled in interstate or foreign commerce or
used any facility in interstate or foreign commerce to facilitate
such entry or attempt or to facilitate remaining in such premises
or property, or (3) another person was killed or suffered
significant bodily injury as a result of such entry or attempt.
(c)(1) Whoever in committing any offense under subsection (a) or
(b) assaults any person, or puts in jeopardy the life of any
person, by the use of a dangerous weapon or device shall be fined
under this title and imprisoned for not more than twenty-five
years.
(2) Whoever in committing any offense under subsection (a) or (b)
kills any person shall be fined under this title or imprisoned for
any term of years or life, or both.
(d) If two or more persons conspire to violate subsection (a) or
(b) of this section and one or more of such persons do any overt
act to effect the object of the conspiracy, each shall be fined
under this title or imprisoned not more than ten years or both.
(e) For purposes of this section -
(1) the term "controlled substance" has the meaning prescribed
for that term by section 102 of the Controlled Substances Act;
(2) the term "business premises or property" includes
conveyances and storage facilities; and
(3) the term "significant bodily injury" means bodily injury
which involves a risk of death, significant physical pain,
protracted and obvious disfigurement, or a protracted loss or
impairment of the function of a bodily member, organ, or mental
or sensory faculty.
SOURCE
(Added Pub. L. 98-305, Sec. 2, May 31, 1984, 98 Stat. 221; amended
Pub. L. 103-322, title XXXIII, Sec. 330016(1)(O)-(Q), Sept. 13,
1994, 108 Stat. 2148.)
REFERENCES IN TEXT
Section 102 of the Controlled Substances Act, referred to in
subsec. (e)(1), is classified to section 802 of Title 21, Food and
Drugs.
AMENDMENTS
1994 - Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(O),
substituted "fined under this title" for "fined not more than
$25,000".
Subsec. (c)(1). Pub. L. 103-322, Sec. 330016(1)(P), substituted
"fined under this title" for "fined not more than $35,000".
Subsec. (c)(2). Pub. L. 103-322, Sec. 330016(1)(Q), substituted
"fined under this title" for "fined not more than $50,000".
Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(O), substituted
"fined under this title" for "fined not more than $25,000".
SHORT TITLE
Section 1 of Pub. L. 98-305 provided: "That this Act [enacting
this section and provisions set out as a note under section 522 of
Title 28, Judiciary and Judicial Procedure] may be cited as the
'Controlled Substance Registrant Protection Act of 1984'."
REPORT TO CONGRESS
Attorney General, for first three years after May 31, 1984, to
submit to Congress an annual report with respect to enforcement
activities relating to offenses under this section, see section 4
of Pub. L. 98-305, set out as a note under section 522 of Title 28,
Judiciary and Judicial Procedure.
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