---
kind: "section"
citation: "18 U.S.C. § 36"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "36"
heading: "Drive-by shooting"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/36"
units:
  - "Part I — Crimes"
  - "Chapter 2 — Aircraft and Motor Vehicles"
---

# §36. Drive-by shooting

- (a) **Definition.—** In this section, “major drug offense” means—
  - (1) a continuing criminal [enterprise](/usc/18/1961.md?p=4) punishable under section 408(c) of the Controlled Substances Act ([21 U.S.C. 848(c)](/usc/21/848.md?p=c));
  - (2) a conspiracy to [distribute](/usc/18/841.md?p=n) controlled substances punishable under section 406 of the Controlled Substances Act ([21 U.S.C. 846](/usc/21/846.md)) section[^1] 1013 of the Controlled Substances Import and Export Act ([21 U.S.C. 963](/usc/21/963.md)); 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)](/usc/21/841.md?p=b-1-A)) or [section 1010(b)(1)](/usc/18/1010.md) of the Controlled Substances Import and Export Act ([21 U.S.C. 960(b)(1)](/usc/21/960.md?p=b-1)).
- (b) **Offense and Penalties.—**
  - (1) A [person](/usc/18/229F.md?p=5) 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](/usc/18/229F.md?p=5) 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](/usc/18/229F.md?p=5) 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](/usc/18/229F.md?p=5) and who, in the course of such conduct, kills any [person](/usc/18/229F.md?p=5) shall, if the killing—
    - (A) is a first degree murder (as defined in [section 1111(a)](/usc/18/1111.md?p=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)](/usc/18/1111.md?p=a)), be fined under this title, imprisoned for any term of years or for life, or both.

## Footnotes

[^1]: So in original. Probably should be preceded by “or”.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

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 Subsidiaries

### Effective 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’.”