Page:United States Statutes at Large Volume 100 Part 4.djvu/289

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100 STAT. 3207-10
PUBLIC LAW 99-000—MMMM. DD, 1986
100 STAT. 3207-10

PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-10

any substance the possession of which is prohibited under this title.". Subtitle C—Juvenile Drug Trafficking Act of 1986 SEC. 1101. SHORT TITLE.

This subtitle may be cited as the "Juvenile Drug Trafficking Act of 1986".

Juvenile Drug Trafficking Act of 1986. 21 USC 801 note.

SEC. 1102. OFFENSE.

Part D of the Controlled Substances Act is amended by adding after section 405A a new section as follows:

Post, p. 3207-11.

EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG OPERATIONS

"SEC. 405B. (a) It shall be unlawful for any person at legist 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 title or title III; or "(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 title or title III by any Federal, State, or local law enforcement official. "(b) Any person who violates subsection (a) is punishable by a term of imprisonment up to twice that otherwise authorized, or up to twice the fine otherwise authorized, or both, 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) Any person who violates subsection (a) after a prior conviction or convictions under subsection (a) of this section have become final, 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, 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. "(d) Any person who violates section 405B(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) 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, United States (Dode, until the individual has served the mandatory term of imprisonment required by section 401(b) as enhanced by this section.

21 USC 845b.

21 USC 951.

Penalties.