18 U.S.C. § 36

Drive-by shooting

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(a)Definition.—In this section, “major drug offense” means—(1) a continuing criminal enterprise punishable under section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c));(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) section 11 So in original. Probably should be preceded by “or”. 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 963); or(3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)).(b)Offense and Penalties.—(1) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both.(2) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of 2 or more persons and who, in the course of such conduct, kills any person shall, if the killing—(A) is a first degree murder (as defined in section 1111(a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or(B) is a murder other than a first degree murder (as defined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both.(Added Pub. L. 103–322, title VI, § 60008(b), Sept. 13, 1994, 108 Stat. 1971; amended Pub. L. 104–294, title VI, § 604(b)(30), Oct. 11, 1996, 110 Stat. 3508.)Editorial NotesAmendments

1996—Subsec. (a)(1), (2). Pub. L. 104–294 substituted “408(c)” for “403(c)” in par. (1) and “Export” for “Export Control” in par. (2).

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Short Title

Pub. L. 103–322, title VI, § 60008(a), Sept. 13, 1994, 108 Stat. 1971, provided that: “This section [enacting this section] may be cited as the ‘Drive-By Shooting Prevention Act of 1994’.”

Notes of Decisions

Cited in 29 cases (10 in the last 5 years), 1947–2026 · leading case: United States v. Velazquez-Fontanez

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United States v. Velazquez-Fontanez (2021) ca1 · cites it 6× “The indictment also charged Velazquez-Fontanez with drive-by-shooting murder in furtherance of a major drug offense in violation of 18 U.S.C. § 36 (b)(2)(A) and with using a firearm during and in relation to a crime of violence in violation of 18 U.”

United States v. Jerkeno Wallace and Negus Thomas (2006) ca2 · cites it 4× “§ 924 (o); Count Twelve charged that Thomas and Wallace violated the drive-by shooting statute, 18 U.S.C. § 36 (b)(2)(A); Count Thirteen charged that they violated the firearm possession statute in relation to a drug trafficking crime (the drug conspiracy charged in Count One),…”

United States v. Higdon (2005) ca11 · cites it 3× “§ 2 ; and (2) a drive-by shooting, in violation of 18 U.S.C. § 36 (b). The defendant’s lengthy sentence was, in large part, the product of receiving consecutive sentences for each of his drug and drive-by-shooting convictions.”

Terry Penney v. United States (2017) ca6 “Furthermore, Penney cites no support for his argument that he was actually innocent under 18 U.S.C. § 36 . Section 36(b)(1) reads: A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, *464 injure, or maim, fires a…”

United States v. Christopher Howard (2021) ca2 “* 33 34 Defendant-appellee-cross-appellant Christopher Howard, a member of a gang known 35 as MBG, was convicted after a jury trial of a racketeering conspiracy in violation of 18 U.S.C. § 36 1962(d), committing a violent crime in aid of racketeering (“VICAR”) – namely, a…”

United States v. Wallace (2006) ca2 · cites it 4× “§ 924 (o)); firing a weapon into a group of persons, and, in doing so, committing murder in the first degree ( 18 U.S.C. §§ 36 (b)(2)(A), 1111(a), 2); possessing a firearm in relation to a drug trafficking crime, and, in doing so, committing murder in the first degree ( 18 U.”

United States v. Zavien Canada (2024) ca4 “See 18 U.S.C. §§ 36 , 2119, 2113, 1751(a). Whether the proper analysis focuses on the definition of the “people,” the history of disarming those who threaten the public safety, Heller’s and Bruen’s assurances about “longstanding prohibitions,” or circuit precedent, the answer…”

KHOURN (1997) bia “, 18 U.S.C. §§ 36 (a)(3), 3553(f), 3559(c)(2)(H), 3582(d), 3592(c)(12), 3663(a)(1)(A), (c)(1) (1994); 28 U.”

United States v. Danilow Pastry Co., Inc. (1983) nysd “18 U.S.C. § 36’51. 10 . The defendants pleaded nolo contendere to a violation of Section 1 of the Sherman Act, 15 U.”

United States v. Safarini (2003) dcd “§§ 3591-98 , while sections 60003 and 60005-24 designated numerous offenses, including newly-created ones, for which the death penalty would be available, the wholly new offenses created by the sections mentioned include 18 U.S.C. §§ 36 (drive-by shootings), 37 (violence at…”

United States v. Hausa (2017) nyed “, 18 U.S.C. § 36 (murder during the commission of a major drug offense); 18 U.”

Little v. United States (2002) vaed “45 caliber bullet ( 18 U.S.C. § 36 (a)(l)-(2), (b)(1)); two counts of using a firearm in relation to drug trafficking crime ( 21 U.”

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