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20 Prosecutions
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4 Convictions
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16 Convictions
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CITE

    18 USC Sec. 2118                                            01/05/2009

EXPCITE

    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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