U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 103— ROBBERY AND BURGLARY

18 U.S.C. § 2118

Robberies and burglaries involving controlled substances

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(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.(Added Pub. L. 98–305, § 2, May 31, 1984, 98 Stat. 221; amended Pub. L. 103–322, title XXXIII, § 330016(1)(O)–(Q), Sept. 13, 1994, 108 Stat. 2148.)Editorial NotesReferences 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, § 330016(1)(O), substituted “fined under this title” for “fined not more than $25,000”.

Subsec. (c)(1). Pub. L. 103–322, § 330016(1)(P), substituted “fined under this title” for “fined not more than $35,000”.

Subsec. (c)(2). Pub. L. 103–322, § 330016(1)(Q), substituted “fined under this title” for “fined not more than $50,000”.

Subsec. (d). Pub. L. 103–322, § 330016(1)(O), substituted “fined under this title” for “fined not more than $25,000”.

Statutory Notes and Related SubsidiariesShort Title

Pub. L. 98–305, § 1, May 31, 1984, 98 Stat. 221, 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.

Notes of Decisions
Cited in 181 cases (17 in the last 5 years), 1951–2026 · leading case: Jones v. United States, 526 U.S. 227 (1999).
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Jones v. United States, 526 U.S. 227 (1999). · cites it 4× “One of the robbery statutes that served as a model for § 2119, [3] see 18 U. S. C. §§ 2118 (a)(3), (b)(3), for example, places elements of the offense on either side of "shall.”
United States v. Ronnie S. Mills (92-5324) & Velinda S. Naftzger (92-5505), 1 F.3d 414 (6th Cir. 1993). · cites it 11× “Defendants, Ronnie Saunders Mills and Velinda Sue Naftzger, appeal their convictions and sentences for pharmacy burglary in violation of 18 U.S.C. § 2118 . I. On August 11,1991, defendants drove from Tennessee to Virginia looking for a drugstore to burglarize.”
United States v. Osborne, 514 F.3d 377 (4th Cir. 2008). · cites it 3× “On April 4, 2006, a grand jury in the Western District of Virginia indicted Osborne and McCrae on three counts: (1) conspiracy to rob a pharmacy, in contravention of 18 U.S.C. § 2118 (d) (the “conspiracy offense”); (2) armed robbery of a pharmacy, in violation of 18 U.”
Alfred Wingate, Jr. v. United States, 969 F.3d 251 (6th Cir. 2020). · cites it 4× “§ 2113 (a), two counts of pharmacy robbery in violation of 18 U.S.C. § 2118 (a), three counts of using or carrying a firearm during a federal crime of violence in violation of 18 U.”
United States v. Michael Burke, 943 F.3d 1236 (9th Cir. 2019). · cites it 6× “§ 924 (c)(1)(A), the panel held that armed robbery involving controlled substances described in 18 U.S.C. § 2118 (c)(1) is a crime of violence under 18 U.”
United States v. Mark Alan Kaylor, United States of Am. v. Mark Alan Kaylor, 877 F.2d 658 (8th Cir. 1989). · cites it 3× “18 U.S.C. § 2118 (a) (Supp. V 1987). Kaylor argues the following grounds for reversal: (1) that 18 U.”
United States v. Terry Jon Martin, United States of Am. v. John David Emerson, 866 F.2d 972 (8th Cir. 1989). · cites it 4× “Emerson argues that (1) the district court abused its discretion by permitting the government to cross examine his wife concerning his prior criminal record; (2) he is entitled to an acquittal on Counts I and II of the indictment 2 because the drug store concerning which he…”
United States v. Raynard Crowe, 614 F. App'x 303 (6th Cir. 2015). · cites it 5× “§ 2113 (a), two counts of pharmacy robbery in violation of 18 U.S.C. § 2118 (a), three counts of using or carrying a firearm during a federal crime of violence under 18 U.”
Davis v. Cross, 863 F.3d 962 (7th Cir. 2017). “In 1997, a jury in the District of Kansas found Jimmy Davis guilty of robbing a bank, 18 U.S.C. § 2118 (a), possessing a firearm as a felon, id.”
United States v. Derek Benedict, 855 F.3d 880 (8th Cir. 2017). · cites it 2× “” 18 U.S.C. § 2118 (b). These elements closely track those of generic burglary, which are “unlawful or unprivileged entry into, or remaining in, a building or structure, with intent to commit a crime.”
United States v. David Earl Crozier (99-6561) Charles W. Burton (99-6567), United States of Am. v. Charles W. Burton, 259 F.3d 503 (6th Cir. 2001). “§ 841 (a)(1); robbery of a pharmacy in violation of 18 U.S.C. §§ 2118 (a) and (c); using a firearm during the commission of both the drug conspiracy and the robbery in violation of 18 U.”
In re Hines, 824 F.3d 1334 (11th Cir. 2016). “And a conviction for armed bank robbery clearly meets the requirement for an underlying felony offense, as set out in § 924(c)(3)(A), which requires the underlying offense to include as an element, “the use, attempted use, or threatened use of physical force against the person…”
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— 18 U.S.C. § 2118(c)(1) — 1 case
Graham v. United States (D.S.D. 2022).
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