21-U.S.C.-861
§861 – Employment Or Use of Persons Under 18 Years of Age In Drug Operations
Pathway
Title 21 > Chapter 13 > Subchapter I > Part D > Section 861
Details
- Reference: Section 861
- Legend: §861 – Employment Or Use of Persons Under 18 Years of Age In Drug Operations
- USCode Year: 2013
Provision Content
(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)
(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 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.
(Pub. L. 91–513, title II, §420, formerly §405B, as added Pub. L. 99–570, title I, §1102, Oct. 27, 1986, 100 Stat. 3207–10; amended Pub. L. 100–690, title VI, §§6452(b)(1), 6459, 6470(d), Nov. 18, 1988, 102 Stat. 4371, 4373, 4378; renumbered §420 and amended Pub. L. 101–647, title X, §§1002(c), 1003(c), title XXXV, §3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4932.)
References in Text
Section 4202 of title 18, referred to in subsec. (e), which, as originally enacted in Title 18, Crimes and Criminal Procedure, related to eligibility of prisoners for parole, was repealed and a new section 4202 enacted as part of the repeal and enactment of a new chapter 311 (§4201 et seq.) of Title 18, by Pub. L. 94–233, §2, Mar. 15, 1976, 90 Stat. 219. For provisions relating to the eligibility of prisoners for parole, see section 4205 of Title 18. Pub. L. 98–473, title II, §§218(a)(5), 235(a)(1), (b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, 2032, as amended, provided that, effective on the first day of the first calendar month beginning 36 months after Oct. 12, 1984 (Nov. 1, 1987), chapter 311 of Title 18 is repealed, subject to remaining effective for five years after Nov. 1, 1987, in certain circumstances. See Effective Date note set out under section 3551 of Title 18.
Codification
Section was classified to section 845b of this title prior to renumbering by Pub. L. 101–647.
Amendments
1990—Subsec. (b). Pub. L. 101–647, §1003(c)(1), which directed the substitution of is subject to twice the maximum punishment otherwise authorized for is punishable by a term of imprisonment up to twice that authorized, or up to twice the fine authorized, or both, was executed by making the substitution for is punishable by a term of imprisonment up to twice that otherwise authorized, or up to twice the fine otherwise authorized, or both, to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 101–647, §3599L, substituted has become final for have become final.
Pub. L. 101–647, §1003(c)(2), which directed the substitution of is subject to three times the maximum punishment otherwise authorized for is punishable by a term of imprisonment up to three times that authorized, or up to three times the fine authorized, or both, was executed by making the substitution for is punishable by a term of imprisonment up to three times that otherwise authorized, or up to three times the fine otherwise authorized, or both, to reflect the probable intent of Congress.
1988—Subsec. (a)(3). Pub. L. 100–690, §6459, added par. (3).
Subsec. (c). Pub. L. 100–690, §6452(b)(1), struck out or convictions after a prior conviction and inserted at end Penalties for third and subsequent convictions shall be governed by section 841(b)(1)(A) of this title.
Subsec. (e). Pub. L. 100–690, §6470(d), struck out required by section 841(b) of this title after mandatory term of imprisonment.
U.S. Encyclopedia of Law Coverage
21-U.S.C.-858 in the Legal Encyclopedia: Penalties
In this entry about 21-U.S.C.-858, find legal reference material, bibliographies and premiere content related to penalties in the American Encyclopedia of Law, presenting a comprehensive view of the United States penalties-specific issues, written by authorities in the field.
21-U.S.C.-847 in the Legal Encyclopedia: Drug Abuse Control
In this entry about 21-U.S.C.-847, find legal reference material, bibliographies and premiere content related to drug abuse control in the American Encyclopedia of Law, presenting a comprehensive view of the United States drug abuse control-specific issues, written by authorities in the field.
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