|
U.S. Code as of:
01/19/04
Section 861. Employment or use of persons under 18 years of age in drug operations
(a) Unlawful acts
It shall be unlawful for any person at least eighteen years of
age to knowingly and intentionally -
(1) employ, hire, use, persuade, induce, entice, or coerce, a
person under eighteen years of age to violate any provision of
this subchapter or subchapter II of this chapter;
(2) employ, hire, use, persuade, induce, entice, or coerce, a
person under eighteen years of age to assist in avoiding
detection or apprehension for any offense of this subchapter or
subchapter II of this chapter by any Federal, State, or local law
enforcement official; or
(3) receive a controlled substance from a person under 18 years
of age, other than an immediate family member, in violation of
this subchapter or subchapter II of this chapter.
(b) Penalty for first offense
Any person who violates subsection (a) of this section is subject
to twice the maximum punishment otherwise authorized and at least
twice any term of supervised release otherwise authorized for a
first offense. Except to the extent a greater minimum sentence is
otherwise provided, a term of imprisonment under this subsection
shall not be less than one year.
(c) Penalty for subsequent offenses
Any person who violates subsection (a) of this section after a
prior conviction under subsection (a) of this section has become
final, is subject to three times the maximum punishment otherwise
authorized and at least three times any term of supervised release
otherwise authorized for a first offense. Except to the extent a
greater minimum sentence is otherwise provided, a term of
imprisonment under this subsection shall not be less than one year.
Penalties for third and subsequent convictions shall be governed by
section 841(b)(1)(A) of this title.
(d) Penalty for providing or distributing controlled substance to
underage person
Any person who violates subsection (a)(1) or (2) of this section
(!1)
(1) by knowingly providing or distributing a controlled
substance or a controlled substance analogue to any person under
eighteen years of age; or
(2) if the person employed, hired, or used is fourteen years of
age or younger,
shall be subject to a term of imprisonment for not more than five
years or a fine of not more than $50,000, or both, in addition to
any other punishment authorized by this section.
(e) Suspension of sentence; probation; parole
In any case of any 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 of an offense for which a mandatory minimum term of
imprisonment is applicable shall not be eligible for parole under
section 4202 of title 18 (!2) until the individual has served the
mandatory term of imprisonment as enhanced by this section.
(f) Distribution of controlled substance to pregnant individual
Except as authorized by this subchapter, it shall be unlawful for
any person to knowingly or intentionally provide or distribute any
controlled substance to a pregnant individual in violation of any
provision of this subchapter. Any person who violates this
subsection shall be subject to the provisions of subsections (b),
(c), and (e) of this section.
|
|