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U.S. Code as of:
01/19/04
Section 860. Distribution or manufacturing in or near schools and colleges
(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.
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