Page:United States Statutes at Large Volume 110 Part 5.djvu/733

 PUBLIC LAW 104-305—OCT. 13, 1996 110 STAT. 3807 Public Law 104-305 104th Congress An Act To combat drug-facilitated crimes of violence, including sexual assaults. Oct 13, 1996 [H.R. 4137] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Drug-Induced Rape Prevention SECTION 1. SHORT TITLE. and Punishment This Act may be cited as the "Drug-Induced Rape Prevention 2ilJSC^inote and Punishment Act of 1996". SEC. 2. PROVISIONS RELATING TO USE OP A CONTROLLED SUBSTANCE WITH INTENT TO COMMIT A CRIME OF VIOLENCE. (a) PENALTIES FOR DISTRIBUTION.— Section 401(b) of the Controlled Substances Act is amended by adding at the end the 21 USC 841. following: "(7) PENALTIES FOR DISTRIBUTION.— "(A) IN GENERAL.—Whoever, with intent to commit a crime of violence, as defined in section 16 of title 18, United States Code (including rape), against an individual, violates subsection (a) by distributing a controlled substance to that individual without that individual's knowledge, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. "(B) DEFINITION.— For purposes of this paragraph, the term 'without that individual's knowledge' means that the individual is unaware that a substance with the ability to alter that individual's ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.'. (b) ADDITIONAL PENALTIES RELATE^G TO FLUNITRAZEPAM.— (1) GENERAL PENALTIES.— Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended— (A) in subsection (b)(1)(C), by inserting ", or 1 gram of flunitrazepam," after "I or IF; and (B) in subsection (b)(1)(D), by inserting "or 30 milligrams of flunitrazepam," after "schedule III,". (2) IMPORT AND EXPORT PENALTIES.— (A) Section 1009(a) of the Controlled Substances Import and Export Act (21 U.S.C. 959(a)) is amended by inserting "or flunitrazepam" after "I or 11". (B) Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by inserting "or flimitrazepam," after "I or II,". (C) Section 1010(b)(4) of the Controlled Substances Import and Export Act is amended by inserting "(except a violation involving flunitrazepam)" ajler "III, iV, or V,".

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