230 
tion relating to the receipt, distribution, manufacture, ex-
portation, or importation of a listed chemical may be en-
joined from engaging in any transaction involving a listed 
chemical for not more than ten years. 
‘‘(f) DECLARATORY AND OTHER RELIEF.— 
‘‘(1) In addition to any penalty provided in this 
section, the Attorney General is authorized to com-
mence a civil action for appropriate declaratory or 
injunctive relief relating to a violation of this section, 
section 406, or section 409. 
‘‘(2) Any action under this subsection may be 
brought in the district court of the United States for 
the district in which the defendant is located or re-
sides or is doing business. 
‘‘(3) Any order or judgment issued by the court 
pursuant to this subsection shall be tailored to re-
strain the violation. 
‘‘(4) The court shall proceed as soon as prac-
ticable to the hearing and determination of such an 
action. An action under this subsection is governed 
by the Federal Rules of Civil Procedure except that, 
if an indictment has been returned against the re-
spondent, discovery is governed by the Federal Rules 
of Criminal Procedure. 
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‘‘§ 411. Penalty for simple possession 
‘‘(a) ELEMENTS OF OFFENSE.—It shall be unlawful 
for any person knowingly— 
‘‘(1) to possess a controlled substance unless 
such substance was obtained directly, or pursuant to 
a valid prescription or order, from a practitioner act-
ing in the course of professional practice, or except 
as otherwise authorized by this chapter, the Con-
trolled Substances Act, or the Controlled Substances 
Import and Export Act; or 
‘‘(2) to possess any list I chemical obtained 
pursuant to or under authority of a registration 
issued to that person under section 303 of the Con-
trolled Substances Act or section 1008 of the Con-
trolled Substances Import and Export Act, if that 
registration has been revoked or suspended, if that 
registration has expired, or if the registrant has 
ceased to do business in the manner contemplated 
by his registration. 
‘‘(b) PUNISHMENT.— 
‘‘(1) GENERALLY.—Whoever violates subsection 
(a) shall be imprisoned not more than 1 year, except 
that if the offense is after a prior conviction of the 
offender under this chapter, the Controlled Sub-
stances Act, or the Controlled Substances Import 
and Export Act, or for any drug, narcotic, or chem-
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ical offense chargeable under the law of any State, 
the offender shall be imprisoned not less than 15 
days nor more than 2 years and if the offense is 
after two or more such convictions, the offender 
shall be sentenced to a term of imprisonment for not 
less than 90 days but not more than 3 years. 
‘‘(2) FLUNITRAZEPAM.—Notwithstanding any 
penalty provided in this subsection, any person con-
victed under this subsection for the possession of 
flunitrazepam shall be imprisoned for not more than 
3 years. The imposition or execution of a minimum 
sentence required to be imposed under this sub-
section shall not be suspended or deferred. 
‘‘(3) COSTS.—Further, upon conviction, a per-
son who violates this subsection shall be fined the 
reasonable costs of the investigation and prosecution 
of the offense, including the costs of prosecution of 
an offense as defined in sections 1918 and 1920 of 
title 28, except that this sentence does not apply and 
a fine under this section need not be imposed if the 
court determines the defendant lacks the ability to 
pay. 
‘‘(c) DEFINITION.—As used in this section, the term 
‘drug, narcotic, or chemical offense’ means any offense 
which proscribes the possession, distribution, manufac-
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ture, cultivation, sale, transfer, or the attempt or con-
spiracy to possess, distribute, manufacture, cultivate, sell 
or transfer any substance the possession of which is pro-
hibited under this chapter or the Controlled Substances 
Act. 
‘‘§ 412. Civil penalty for possession of small amounts 
of certain controlled substances 
‘‘(a) IN GENERAL.—An individual who knowingly 
possesses a controlled substance listed in section 401(2) 
in violation of section 411 in an amount that, as specified 
by regulation of the Attorney General, is a personal use 
amount shall be liable to the United States for a civil pen-
alty in an amount not to exceed $10,000. 
‘‘(b) INCOME AND NET ASSETS.—The income and 
net assets of an individual shall not be relevant to the de-
termination whether to assess a civil penalty under this 
section or to prosecute the individual criminally. However, 
in determining the amount of a penalty under this section, 
the income and net assets of an individual shall be consid-
ered. 
‘‘(c) PRIOR CONVICTION.—A civil penalty may not be 
assessed under this section if the individual previously was 
convicted of a Federal or State offense relating to a con-
trolled substance. 
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‘‘(d) LIMITATION ON NUMBER OF ASSESSMENTS.— 
A civil penalty may not be assessed on an individual under 
this section on more than two separate occasions. 
‘‘(e) ASSESSMENT.—A civil penalty under this section 
may be assessed by the Attorney General only by an order 
made on the record after opportunity for a hearing in ac-
cordance with section 554 of title 5. The Attorney General 
shall provide written notice to the individual who is the 
subject of the proposed order informing the individual of 
the opportunity to receive such a hearing with respect to 
the proposed order. The hearing may be held only if the 
individual makes a request for the hearing before the expi-
ration of the 30-day period beginning on the date such 
notice is issued. 
‘‘(f) COMPROMISE.—The Attorney General may com-
promise, modify, or remit, with or without conditions, any 
civil penalty imposed under this section. 
‘‘(g) JUDICIAL REVIEW.—If the Attorney General 
issues an order pursuant to subsection (e) after a hearing 
described in such subsection, the individual who is the sub-
ject of the order may, before the expiration of the 30-day 
period beginning on the date the order is issued, bring 
a civil action in the appropriate district court of the 
United States. In such action, the law and the facts of 
the violation and the assessment of the civil penalty shall 
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be determined de novo, and shall include the right of a 
trial by jury, the right to counsel, and the right to confront 
witnesses. The facts of the violation shall be proved beyond 
a reasonable doubt. 
‘‘(h) CIVIL ACTION.—If an individual does not re-
quest a hearing pursuant to subsection (e) and the Attor-
ney General issues an order pursuant to such subsection, 
or if an individual does not under subsection (g) seek judi-
cial review of such an order, the Attorney General may 
commence a civil action in any appropriate district court 
of the United States for the purpose of recovering the 
amount assessed and an amount representing interest at 
a rate computed in accordance with section 1961 of title 
28. Such interest shall accrue from the expiration of the 
30-day period described in subsection (g). In such an ac-
tion, the decision of the Attorney General to issue the 
order, and the amount of the penalty assessed by the At-
torney General, shall not be subject to review. 
‘‘(i) LIMITATION.—The Attorney General may not 
under this section commence proceeding against an indi-
vidual after the expiration of the 5-year period beginning 
on the date on which the individual allegedly violated sub-
section (a). 
‘‘(j) EXPUNGEMENT PROCEDURES.—The Attorney 
General shall dismiss the proceedings under this section 
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against an individual upon application of such individual 
at any time after the expiration of 3 years if— 
‘‘(1) the individual has not previously been as-
sessed a civil penalty under this section; 
‘‘(2) the individual has paid the assessment; 
‘‘(3) the individual has complied with any con-
ditions imposed by the Attorney General; 
‘‘(4) the individual has not been convicted of a 
Federal or State offense relating to a controlled sub-
stance; and 
‘‘(5) the individual agrees to submit to a drug 
test, and such test shows the individual to be drug 
free. 
A nonpublic record of a disposition under this subsection 
shall be retained by the Department of Justice solely for 
the purpose of determining in any subsequent proceeding 
whether the person qualified for a civil penalty or 
expungement under this section. If a record is expunged 
under this subsection, an individual concerning whom such 
an expungement has been made shall not be held there-
after under any provision of law to be guilty of perjury, 
false swearing, or making a false statement by reason of 
his failure to recite or acknowledge a proceeding under 
this section or the results thereof in response to an inquiry 
made of him for any purpose. 
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‘‘§ 413. Continuing criminal enterprise 
‘‘(a) ENGAGING IN ENTERPRISE.— 
‘‘(1) Whoever engages in a continuing criminal 
enterprise shall be imprisoned for any term of years 
not less than 20, or for life. 
‘‘(2) If a person engages in such activity after 
a prior conviction of that person under this section, 
the offender shall be imprisoned any term of years 
not less than 30, or for life. 
‘‘(b) AGGRAVATED OFFENSE.—Whoever engages in 
a continuing criminal enterprise shall be imprisoned for 
life under subsection (a), if— 
‘‘(1) such person is the principal administrator, 
organizer, or leader of the enterprise or is one of 
several such principal administrators, organizers, or 
leaders; and 
‘‘(2)(A) the violation referred to in subsection 
(c)(1) involved at least 300 times the quantity of a 
substance described in section 401(3); or 
‘‘(B) the enterprise, or any other enterprise in 
which the defendant was the principal or one of sev-
eral principal administrators, organizers, or leaders, 
received $10 million dollars in gross receipts during 
any twelve-month period of its existence for the 
manufacture, importation, or distribution of a sub-
stance described in section 401(3). 
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‘‘(c) DEFINITION OF ‘CONTINUING CRIMINAL EN-
TERPRISE’.—For purposes of this section, a ‘continuing 
criminal enterprise’ occurs when— 
‘‘(1) a person violates any provision of this 
chapter the punishment for which is a felony, and 
‘‘(2) such violation is a part of a continuing se-
ries of violations of this chapter— 
‘‘(A) which are undertaken by such person 
in concert with five or more other persons with 
respect to whom such person occupies a posi-
tion of organizer, a supervisory position, or any 
other position of management, and 
‘‘(B) from which such person obtains sub-
stantial income or resources. 
‘‘(d) SPECIAL RULE FOR SENTENCING.—In the case 
of any sentence imposed under this section, imposition or 
execution of such sentence shall not be suspended, proba-
tion shall not be granted, and the Act of July 15, 1932 
(D.C. Code, secs. 24–203—24–207), does not apply. 
‘‘(e) DEATH PENALTY.— 
‘‘(1) In addition to the other penalties set forth 
in this section, whoever— 
‘‘(A) while engaging in or working in fur-
therance of a continuing criminal enterprise, or 
engaging in an offense punishable under section 
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403(a) intentionally kills or counsels, com-
mands, induces, procures, or causes the inten-
tional killing of an individual and such killing 
results; and 
‘‘(B) during the commission of, in further-
ance of, or while attempting to avoid apprehen-
sion, prosecution or service of a prison sentence 
for, a felony violation of this chapter inten-
tionally kills or counsels, commands, induces, 
procures, or causes the intentional killing of 
any Federal, State, or local law enforcement of-
ficer engaged in, or on account of, the perform-
ance of such officer’s official duties and such 
killing results; 
shall be imprisoned any term of year not less than 
20, or for life, or may be sentenced to death. 
‘‘(2) As used in paragraph (1)(B), the term 
‘law enforcement officer’ means a public servant au-
thorized by law to conduct or engage in the preven-
tion, investigation, prosecution or adjudication of an 
offense, and includes those engaged in corrections, 
probation, or parole functions. 
‘‘§ 414. Drug paraphernalia 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) sells or offers for sale drug paraphernalia; 
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‘‘(2) uses a facility of interstate or foreign com-
merce to transport drug paraphernalia; or 
‘‘(3) imports or exports drug paraphernalia; 
shall be imprisoned not more than three years. 
‘‘(b) DEFINITION.—The term ‘drug paraphernalia’ 
means any equipment, product, or material of any kind 
which is primarily intended or designed for use in manu-
facturing, compounding, converting, concealing, pro-
ducing, processing, preparing, injecting, ingesting, inhal-
ing, or otherwise introducing into the human body a con-
trolled substance, possession of which is unlawful under 
this chapter or the Controlled Substances Act. It includes 
items primarily intended or designed for use in ingesting, 
inhaling, or otherwise introducing marijuana, cocaine, 
hashish, hashish oil, PCP, methamphetamine, or amphet-
amines into the human body, such as— 
‘‘(1) metal, wooden, acrylic, glass, stone, plas-
tic, or ceramic pipes with or without screens, perma-
nent screens, hashish heads, or punctured metal 
bowls; 
‘‘(2) water pipes; 
‘‘(3) carburetion tubes and devices; 
‘‘(4) smoking and carburetion masks; 
‘‘(5) roach clips: meaning objects used to hold 
burning material, such as a marihuana cigarette, 
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that has become too small or too short to be held 
in the hand; 
‘‘(6) miniature spoons with level capacities of 
one-tenth cubic centimeter or less; 
‘‘(7) chamber pipes; 
‘‘(8) carburetor pipes; 
‘‘(9) electric pipes; 
‘‘(10) air-driven pipes; 
‘‘(11) chillums; 
‘‘(12) bongs; 
‘‘(13) ice pipes or chillers; 
‘‘(14) wired cigarette papers; or 
‘‘(15) cocaine freebase kits. 
‘‘(c) FACTORS WHICH MAY BE CONSIDERED.—In 
determining whether an item constitutes drug para-
phernalia, in addition to all other logically relevant factors, 
the following may be considered: 
‘‘(1) Instructions, oral or written, provided with 
the item concerning its use. 
‘‘(2) Descriptive materials accompanying the 
item which explain or depict its use. 
‘‘(3) National and local advertising concerning 
its use. 
‘‘(4) The manner in which the item is displayed 
for sale. 
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‘‘(5) Whether the owner, or anyone in control 
of the item, is a legitimate supplier of like or related 
items to the community, such as a licensed dis-
tributor or dealer of tobacco products. 
‘‘(6) Direct or circumstantial evidence of the 
radio of sales of the item to the total sales of the 
business enterprise. 
‘‘(7) The existence and scope of legitimate uses 
of the item in the community. 
‘‘(8) Expert testimony concerning its use. 
‘‘(d) EXCLUSIONS.—This section does not apply to— 
‘‘(1) any person authorized by local, State, or 
Federal law to manufacture, possess, or distribute 
such items; or 
‘‘(2) any item that, in the normal lawful course 
of business, is imported, exported, transported, or 
sold through the mail or by any other means, and 
traditionally intended for use with tobacco products, 
including any pipe, paper, or accessory. 
‘‘§ 415. Proceedings to establish prior convictions 
‘‘(a) FILING OF INFORMATION.— 
‘‘(1) No person who is convicted of an offense 
under this chapter shall be sentenced to increased 
punishment by reason of one or more prior convic-
tions, unless before trial, or before entry of a plea 
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of guilty, the United States attorney files an infor-
mation with the court (and serves a copy of such in-
formation on the person or counsel for the person) 
stating in writing the previous convictions to be re-
lied upon. Upon a showing by the United States at-
torney that facts regarding prior convictions could 
not with due diligence be obtained prior to trial or 
before entry of a plea of guilty, the court may post-
pone the trial or the taking of the plea of guilty for 
a reasonable period for the purpose of obtaining 
such facts. Clerical mistakes in the information may 
be amended at any time prior to the pronouncement 
of sentence. 
‘‘(2) An information may not be filed under this 
section if the increased punishment which may be 
imposed is imprisonment for a term in excess of 
three years unless the person either waived or was 
afforded prosecution by indictment for the offense 
for which such increased punishment may be im-
posed. 
‘‘(b) AFFIRMATION OR DENIAL OF PREVIOUS CON-
VICTION.—If the United States attorney files an informa-
tion under this section, the court shall after conviction but 
before pronouncement of sentence inquire of the person 
with respect to whom the information was filed whether 
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he affirms or denies that he has been previously convicted 
as alleged in the information, and shall inform him that 
any challenge to a prior conviction which is not made be-
fore sentence is imposed may not thereafter be raised to 
attack the sentence. 
‘‘(c) DENIAL, WRITTEN RESPONSE, AND HEAR-
ING.— 
‘‘(1) If the person denies any allegation of the 
information of prior conviction, or claims that any 
conviction alleged is invalid, he shall file a written 
response to the information. A copy of the response 
shall be served upon the United States attorney. The 
court shall hold a hearing to determine any issues 
raised by the response which would except the per-
son from increased punishment. The failure of the 
United States attorney to include in the information 
the complete criminal record of the person or any 
facts in addition to the convictions to be relied upon 
shall not constitute grounds for invalidating the no-
tice given in the information required by subsection 
(a)(1). The hearing shall be before the court without 
a jury and either party may introduce evidence. Ex-
cept as otherwise provided in paragraph (2) of this 
subsection, the United States attorney shall have the 
burden of proof beyond a reasonable doubt on any 
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issue of fact. At the request of either party, the 
court shall enter findings of fact and conclusions of 
law. 
‘‘(2) A person claiming that a conviction alleged 
in the information was obtained in violation of the 
Constitution of the United States shall set forth his 
claim, and the factual basis therefor, with particu-
larity in his response to the information. The person 
shall have the burden of proof by a preponderance 
of the evidence on any issue of fact raised by the re-
sponse. Any challenge to a prior conviction, not 
raised by response to the information before an in-
creased sentence is imposed in reliance thereon, shall 
be waived unless good cause be shown for failure to 
make a timely challenge. 
‘‘(d) IMPOSITION OF SENTENCE.— 
‘‘(1) If the person files no response to the infor-
mation, or if the court determines, after hearing, 
that the person is subject to increased punishment 
by reason of prior convictions, the court shall pro-
ceed to impose sentence upon him as provided by 
this part. 
‘‘(2) If the court determines that the person 
has not been convicted as alleged in the information, 
that a conviction alleged in the information is in-
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valid, or that the person is otherwise not subject to 
an increased sentence as a matter of law, the court 
shall, at the request of the United States attorney, 
postpone sentence to allow an appeal from that de-
termination. If no such request is made, the court 
shall impose sentence as provided by this part. The 
person may appeal from an order postponing sen-
tence as if sentence had been pronounced and a final 
judgment of conviction entered. 
‘‘(e) CHALLENGES OF VALIDITY OF PRIOR CONVIC-
TIONS.—No person who is convicted of an offense under 
this chapter may challenge the validity of any prior convic-
tion alleged under this section which occurred more than 
five years before the date of the information alleging such 
prior conviction. 
‘‘§ 416. Anhydrous ammonia 
‘‘(a) IN GENERAL.—It is unlawful for any person— 
‘‘(1) to steal anhydrous ammonia, or 
‘‘(2) to transport stolen anhydrous ammonia 
across State lines, 
knowing, intending, or having reasonable cause to believe 
that such anhydrous ammonia will be used to manufacture 
a controlled substance in violation of this part. 
‘‘(b) PUNISHMENT.—Whoever violates subsection (a) 
shall be imprisoned in accordance with section 410(d) as 
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able cause to believe, that the chemical will be used 
to manufacture a controlled substance in violation of 
the laws of the country to which the chemical is ex-
ported; 
‘‘(5) imports or exports a listed chemical, with 
the intent to evade the reporting or recordkeeping 
requirements of section 1018 applicable to such im-
portation or exportation by falsely representing to 
the Attorney General that the importation or expor-
tation qualifies for a waiver of the 15-day notifica-
tion requirement granted pursuant to section 
1018(e) (2) or (3) of the Controlled Substances Im-
port and Export Act by misrepresenting the actual 
country of final destination of the listed chemical or 
the actual listed chemical being imported or ex-
ported; 
‘‘(6) imports or exports a listed chemical in vio-
lation of section 1007 or 1018 of the Controlled 
Substances Import and Export Act; or 
‘‘(7) manufactures, possesses with intent to dis-
tribute, or distributes a listed chemical in violation 
of section 1009 of the Controlled Substances Import 
and Export Act; 
shall be imprisoned not more than 20 years in the case 
of a violation of paragraph (1) or (3) involving a list I 
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chemical or not more than 10 years in the case of a viola-
tion of this subsection other than a violation of paragraph 
(1) or (3) involving a list I chemical, or both. 
‘‘§ 418. Prohibited Acts related to foreign terrorist or-
ganizations 
or 
terrorist 
persons 
and 
groups 
‘‘(a) OFFENSE.—Whoever, as made applicable in sub-
section (b), engages in conduct that would be punishable 
under section 402(1) or 402(2) if committed within the 
jurisdiction of the United States, knowing or intending to 
provide, directly or indirectly, anything of pecuniary value 
to any person or organization that has engaged or engages 
in terrorist activity (as defined in section 212(a)(3)(B) of 
the Immigration and Nationality Act) or terrorism (as de-
fined in section 140(d)(2) of the Foreign Relations Au-
thorization Act, Fiscal Years 1988 and 1989), shall be 
sentenced to a term of imprisonment of not less than twice 
the minimum punishment under section 403, and not 
more than life. Notwithstanding section 3583, any sen-
tence imposed under this subsection shall include a term 
of supervised release of at least 5 years in addition to such 
term of imprisonment. 
‘‘(b) APPLICABILITY.—The conduct described in sub-
section (a) is an offense if— 
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‘‘(1) the prohibited drug activity or the terrorist 
offense is in violation of the criminal laws of the 
United States; 
‘‘(2) the offense, the prohibited drug activity, or 
the terrorist offense occurs in or affects interstate or 
foreign commerce; 
‘‘(3) an offender provides anything of pecuniary 
value for a terrorist offense that causes or is de-
signed to cause death or serious bodily injury to a 
national of the United States while that national is 
outside the United States, or substantial damage to 
the property of a legal entity organized under the 
laws of the United States (including any of its 
States, districts, commonwealths, territories, or pos-
sessions) while that property is outside of the United 
States; 
‘‘(4) the offense or the prohibited drug activity 
occurs in whole or in part outside of the United 
States (including on the high seas), and a perpe-
trator of the offense or the prohibited drug activity 
is a national of the United States or a legal entity 
organized under the laws of the United States (in-
cluding any of its States, districts, commonwealths, 
territories, or possessions); or 
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‘‘(5) after the conduct required for the offense 
occurs an offender is brought into or found in the 
United States, even if the conduct required for the 
offense occurs outside the United States. 
‘‘(c) PROOF REQUIREMENTS.—To violate subsection 
(a), a person must have knowledge that the person or or-
ganization has engaged or engages in terrorist activity (as 
defined in section 212(a)(3)(B) of the Immigration and 
Nationality Act) or terrorism (as defined in section 
140(d)(2) of the Foreign Relations Authorization Act, Fis-
cal Years 1988 and 1989). 
‘‘(d) DEFINITION.—As used in this section, the term 
‘anything of pecuniary value’ has the meaning given the 
term in section 506. 
‘‘§ 419. Offenses involving the Internet 
‘‘(a) INTERNET SALES OF DATE RAPE DRUGS.— 
‘‘(1) Whoever knowingly uses the Internet to 
distribute a date rape drug to any person, knowing 
or with reasonable cause to believe that— 
‘‘(A) the drug would be used in the com-
mission of criminal sexual conduct; or 
‘‘(B) the person is not an authorized pur-
chaser; 
shall be imprisoned not more than 20 years. 
‘‘(2) As used in this subsection: 
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‘‘(A) The term ‘date rape drug’ means— 
‘‘(i) 
gamma 
hydroxybutyric 
acid 
(GHB) or any controlled substance ana-
logue of GHB, including gamma butyro-
lactone (GBL) or 1,4-butanediol; 
‘‘(ii) ketamine; 
‘‘(iii) flunitrazepam; or 
‘‘(iv) any substance which the Attor-
ney General designates, pursuant to the 
rulemaking procedures prescribed by sec-
tion 553 of title 5, to be used in commit-
ting rape or sexual assault. 
The Attorney General is authorized to remove 
any substance from the list of date rape drugs 
pursuant to the same rulemaking authority. 
‘‘(B) The term ‘authorized purchaser’ 
means any of the following persons, provided 
such person has acquired the controlled sub-
stance in accordance with this chapter: 
‘‘(i) A person with a valid prescription 
that is issued for a legitimate medical pur-
pose in the usual course of professional 
practice that is based upon a qualifying 
medical relationship by a practitioner reg-
istered by the Attorney General. A ‘quali-
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fying medical relationship’ means a med-
ical relationship that exists when the prac-
titioner has conducted at least 1 medical 
evaluation with the authorized purchaser 
in the physical presence of the practitioner, 
without regard to whether portions of the 
evaluation are conducted by other heath 
professionals. The preceding sentence shall 
not be construed to imply that 1 medical 
evaluation demonstrates that a prescription 
has been issued for a legitimate medical 
purpose within the usual course of profes-
sional practice. 
‘‘(ii) Any practitioner or other reg-
istrant who is otherwise authorized by 
their registration to dispense, procure, pur-
chase, manufacture, transfer, distribute, 
import, or export the substance under this 
chapter. 
‘‘(iii) A person or entity providing 
documentation that establishes the name, 
address, and business of the person or en-
tity and which provides a legitimate pur-
pose for using any ‘date rape drug’ for 
which a prescription is not required. 
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‘‘(3) The Attorney General is authorized to pro-
mulgate regulations for record-keeping and reporting 
by persons handling 1,4-butanediol in order to im-
plement and enforce the provisions of this section. 
Any record or report required by such regulations 
shall be considered a record or report required under 
this chapter. 
‘‘(b) OFFENSES INVOLVING DISPENSING OF CON-
TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to knowingly or intentionally— 
‘‘(A) deliver, distribute, or dispense a con-
trolled substance by means of the Internet, ex-
cept as authorized by this subchapter; or 
‘‘(B) aid or abet any activity described in 
subparagraph (A) that is not authorized by this 
subchapter. 
‘‘(2) EXAMPLES.—Examples of activities that 
violate paragraph (1) include, but are not limited to, 
knowingly or intentionally— 
‘‘(A) delivering, distributing, or dispensing 
a controlled substance by means of the Internet 
by an online pharmacy that is not validly reg-
istered with a modification authorizing such ac-
tivity as required by section 823(f) of the Con-
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trolled Substances Act (unless exempt from 
such registration); 
‘‘(B) writing a prescription for a controlled 
substance for the purpose of delivery, distribu-
tion, or dispensation by means of the Internet 
in violation of section 829(e) of the Controlled 
Substances Act; 
‘‘(C) serving as an agent, intermediary, or 
other entity that causes the Internet to be used 
to bring together a buyer and seller to engage 
in the dispensing of a controlled substance in a 
manner not authorized by section 823(f) or 
829(e) of the Controlled Substances Act; 
‘‘(D) offering to fill a prescription for a 
controlled substance based solely on a con-
sumer’s completion of an online medical ques-
tionnaire; and 
‘‘(E) making a material false, fictitious, or 
fraudulent statement or representation in a no-
tification or declaration under subsection (d) or 
(e), respectively, of section 831 of the Con-
trolled Substances Act. 
‘‘(3) INAPPLICABILITY.— 
‘‘(A) This subsection does not apply to— 
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‘‘(i) the delivery, distribution, or dis-
pensation of controlled substances by non-
practitioners to the extent authorized by 
their registration under this subchapter; 
‘‘(ii) the placement on the Internet of 
material that merely advocates the use of 
a controlled substance or includes pricing 
information without attempting to propose 
or facilitate an actual transaction involving 
a controlled substance; or 
‘‘(iii) except as provided in subpara-
graph (B), any activity that is limited to— 
‘‘(I) the provision of a tele-
communications service, or of an 
Internet access service or Internet in-
formation location tool (as those 
terms are defined in section 231 of 
title 47); or 
‘‘(II) the transmission, storage, 
retrieval, 
hosting, 
formatting, 
or 
translation (or any combination there-
of) of a communication, without selec-
tion or alteration of the content of the 
communication, except that deletion of 
a particular communication or mate-
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257 
rial made by another person in a man-
ner consistent with section 230(c) of 
title 47 does not constitute such selec-
tion or alteration of the content of the 
communication. 
‘‘(B) The exceptions under subclauses (I) 
and (II) of subparagraph (A)(iii) do not apply 
to a person acting in concert with a person who 
violates paragraph (1). 
‘‘(4) KNOWING OR INTENTIONAL VIOLATION.— 
Any person who knowingly or intentionally violates 
this subsection shall be sentenced in accordance with 
section 403. 
‘‘CHAPTER 19—ORGANIZED CRIME 
‘‘Subchapter 
‘‘A. Racketeering 
‘‘B. Racketeer influenced and corrupt organizations 
‘‘C. Criminal street gangs 
‘‘SUBCHAPTER A—RACKETEERING 
‘‘501. Interference with commerce by threats or violence. 
‘‘502. Interstate and foreign travel or transportation in aid of racketeering en-
terprises. 
‘‘503. Interstate transportation of wagering paraphernalia. 
‘‘504. Offer, acceptance, or solicitation to influence operations of employee ben-
efit plan. 
‘‘505. Prohibition of illegal gambling businesses. 
‘‘506. Use of interstate commerce facilities in the Commission of murder-for- 
hire. 
‘‘507. Violent crimes in aid of racketeering activity. 
‘‘508. Prohibition of unlicensed money transmitting businesses. 
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‘‘§ 501. Interference with commerce by threats or vio-
lence 
‘‘(a) OFFENSE.—Whoever affects interstate or for-
eign commerce, by robbery or extortion or commits or 
threatens physical violence to any person or property in 
furtherance of a plan or purpose to do anything in viola-
tion of this section shall be imprisoned not more than 20 
years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) The term ‘robbery’ means the unlawful 
taking or obtaining of personal property from the 
person or presence of another, against his will, by 
means of actual or threatened force, or violence, or 
fear of injury, immediate or future, to his person or 
property, or property in his custody or possession, or 
the person or property of a relative or member of his 
family or of anyone in his company at the time of 
the taking or obtaining. 
‘‘(2) The term ‘extortion’ means the obtaining 
of property from another, with his consent, induced 
by wrongful use of actual or threatened force, vio-
lence, or fear, or under color of official right. 
‘‘(c) EXCLUSIONS.—This section does not repeal, 
modify, or affect section 6 or 20 of the Clayton Act, the 
Act of March 23, 1932 (47 Stat. 70) (commonly known 
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as the Norris-LaGuardia Act), the Labor Management Re-
lations Act, 1947, or the Railway Labor Act. 
‘‘§ 502. Interstate and foreign travel or transportation 
in aid of racketeering enterprises 
‘‘(a) ELEMENTS OF OFFENSE.—Whoever travels in 
interstate or foreign commerce or uses the mail or any 
facility in interstate or foreign commerce, with intent to— 
‘‘(1) distribute the proceeds of any unlawful ac-
tivity; 
‘‘(2) commit any crime of violence to further 
any unlawful activity; or 
‘‘(3) otherwise promote, manage, establish, 
carry on, or facilitate the promotion, management, 
establishment, or carrying on, of any unlawful activ-
ity; 
and thereafter performs or attempts to engage in the con-
duct so intended shall be punished as provided in sub-
sections (b) and (c). 
‘‘(b) PUNISHMENT IN GENERAL.—The punishment 
for an offense under subsection (a)— 
‘‘(1) with respect to conduct described in sub-
paragraph (A) or (C) is imprisonment for not more 
than 5 years; or 
‘‘(2) with respect to conduct described in sub-
paragraph (B) is imprisonment for not more than 
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20 years, but if death results the imprisonment shall 
be for any term of years or for life. 
‘‘(c) PUNISHMENT FOR CERTAIN OFFENSES.—It the 
offense under this section involves an act described in 
paragraph (1) or (3) of subsection (a) and also involves 
a pre-retail medical product (as defined in section 657), 
the punishment for the offense shall be the same as the 
punishment provided for an offense under section 657, un-
less the penalties provided for under this section are great-
er. 
‘‘(d) DEFINITIONS.—As used in this section the term 
‘unlawful activity’ means— 
‘‘(1) any business enterprise involving gam-
bling, liquor on which the Federal excise tax has not 
been paid, narcotics or controlled substances, or 
prostitution offenses in violation of the laws of the 
State in which they are committed or of the United 
States; 
‘‘(2) extortion, bribery, or arson in violation of 
the laws of the State in which committed or of the 
United States; or 
‘‘(3) any act which is indictable under sub-
chapter II of chapter 53 of title 31, or under section 
1451 or 1452. 
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‘‘§ 503. Interstate transportation of wagering para-
phernalia 
‘‘(a) OFFENSE.—Whoever, except a common carrier 
in the usual course of its business, knowingly carries or 
sends in interstate or foreign commerce any device to be 
used— 
‘‘(1) bookmaking; 
‘‘(2) wagering pools with respect to a sporting 
event; or 
‘‘(3) in a numbers, policy, bolita, or similar 
game; 
shall be imprisoned for not more than five years. 
‘‘(b) EXCLUSION.—This section does not apply to— 
‘‘(1) parimutuel betting equipment, parimutuel 
tickets where legally acquired, or parimutuel mate-
rials used or designed for use at racetracks or other 
sporting events in connection with which betting is 
legal under applicable State law; 
‘‘(2) the transportation of betting materials to 
be used in the placing of bets or wagers on a sport-
ing event into a State in which such betting is legal 
under the statutes of that State; 
‘‘(3) the carriage or transportation in interstate 
or foreign commerce of any newspaper or similar 
publication; 
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‘‘(4) equipment, tickets, or materials used or 
designed for use within a State in a lottery con-
ducted by that State acting under authority of State 
law; or 
‘‘(5) the transportation in foreign commerce to 
a destination in a foreign country of equipment, 
tickets, or materials designed to be used within that 
foreign country in a lottery which is authorized by 
the laws of that foreign country. 
‘‘(c) EFFECT ON STATE PROSECUTIONS.—Nothing in 
this section creates immunity from criminal prosecution 
under any laws of a State. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘foreign country’ means any em-
pire, country, dominion, colony, or protectorate, or 
any subdivision thereof (other than the United 
States, its territories or possessions); and 
‘‘(2) the term ‘lottery’ means the pooling of 
proceeds derived from the sale of tickets or chances 
and allotting those proceeds or parts thereof by 
chance to one or more chance takers or ticket pur-
chasers, but does not include the placing or accept-
ing of bets or wagers on sporting events or contests. 
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‘‘§ 504. Offer, acceptance, or solicitation to influence 
operations of employee benefit plan 
‘‘(a) OFFENSE.—Whoever, being— 
‘‘(1) an administrator, officer, trustee, custo-
dian, counsel, agent, or employee of any employee 
welfare benefit plan or employee pension benefit 
plan; 
‘‘(2) an officer, counsel, agent, or employee of 
an employer or an employer any of whose employees 
are covered by such plan; 
‘‘(3) an officer, counsel, agent, or employee of 
an employee organization any of whose members are 
covered by such plan; or 
‘‘(4) a person who, or an officer, counsel, agent, 
or employee of an organization which, provides ben-
efit plan services to such plan; 
receives or agrees to receive or solicits anything of value 
because of or with intent to be influenced with respect to, 
any of the actions, decisions, or other duties relating to 
any question or matter concerning such plan or any person 
who directly or indirectly gives or offers, or promises to 
give or offer, anything prohibited by this section shall be 
imprisoned not more than three years. 
‘‘(b) EXCLUSION.—This section does not prohibit the 
payment to or acceptance by any person of bona fide sal-
ary, compensation, or other payments made for goods or 
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facilities actually furnished or for services actually per-
formed in the regular course of his duties as such person, 
administrator, officer, trustee, custodian, counsel, agent, 
or employee of such plan, employer, employee organiza-
tion, or organization providing benefit plan services to 
such plan. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘any employee welfare benefit 
plan’ or ‘employee pension benefit plan’ means any 
employee welfare benefit plan or employee pension 
benefit plan, respectively, subject to any provision of 
title I of the Employee Retirement Income Security 
Act of 1974; and 
‘‘(2) the term ‘employee organization’ and ‘ad-
ministrator’ have the meanings given those terms, 
respectively, in sections 3(4) and (3)(16) of the Em-
ployee Retirement Income Security Act of 1974. 
‘‘§ 505. Prohibition of illegal gambling businesses 
‘‘(a) OFFENSE.—Whoever conducts, finances, man-
ages, supervises, directs, or owns all or part of an illegal 
gambling business shall be imprisoned not more than five 
years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘illegal gambling business’ means 
a gambling business which— 
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‘‘(A) is a violation of the law of a State or 
political subdivision in which it is conducted; 
‘‘(B) involves five or more persons who 
conduct, finance, manage, supervise, direct, or 
own all or part of such business; and 
‘‘(C) has been or remains in substantially 
continuous operation for a period in excess of 
30 days or has a gross revenue of $2,000 in 
any single day; 
‘‘(2) the term ‘gambling’ includes pool-selling, 
bookmaking, maintaining slot machines, roulette 
wheels or dice tables, and conducting lotteries, pol-
icy, bolita or numbers games, or selling chances 
therein. 
‘‘(c) ESTABLISHMENT OF PROBABLE CAUSE.—If five 
or more persons conduct, finance, manage, supervise, di-
rect, or own all or part of a gambling business and such 
business operates for two or more successive days, then, 
for the purpose of obtaining warrants for arrests, intercep-
tions, and other searches and seizures, probable cause that 
the business receives gross revenue in excess of $2,000 in 
any single day shall be deemed to have been established. 
‘‘(d) EXCLUSION.—This section does not apply to any 
bingo game, lottery, or similar game of chance conducted 
by an organization exempt from tax under paragraph (3) 
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of subsection (c) of section 501 of the Internal Revenue 
Code of 1986, as amended, if no part of the gross receipts 
derived from such activity inures to the benefits of any 
private shareholder, member, or employee of such organi-
zation except as compensation for actual expenses in-
curred by him in the conduct of such activity. 
‘‘§ 506. Use of interstate commerce facilities in the 
Commission of murder-for-hire 
‘‘(a) OFFENSE.—Whoever travels in or causes an-
other (including the intended victim) to travel in interstate 
or foreign commerce, or uses or causes another (including 
the intended victim) to use the mail or any facility of inter-
state or foreign commerce, with intent that a murder be 
committed in violation of the laws of any State or the 
United States as consideration for the receipt of, or as 
consideration for a promise or agreement to pay, anything 
of pecuniary value shall be imprisoned for not more than 
ten years; and if personal injury results, shall be impris-
oned for not more than twenty years, and if death results, 
shall be punished by death or life imprisonment. 
‘‘(b) DEFINITION.—As used in this section and sec-
tion 507, the term ‘anything of pecuniary value’ means 
anything of value in the form of money, a negotiable in-
strument, a commercial interest, or anything else the pri-
mary significance of which is economic advantage. 
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‘‘§ 507. Violent crimes in aid of racketeering activity 
‘‘(a) OFFENSE.—Whoever, as consideration for the 
receipt of, or as consideration for a promise or agreement 
to pay, anything of pecuniary value from an enterprise en-
gaged in racketeering activity, or for the purpose of gain-
ing entrance to or maintaining or increasing position in 
an enterprise engaged in racketeering activity, murders, 
kidnaps, maims, assaults with a dangerous weapon, com-
mits assault resulting in serious bodily injury upon, or 
threatens to commit a crime of violence against any indi-
vidual in violation of the laws of any State or the United 
States shall be punished— 
‘‘(1) for murder, by death or life imprisonment; 
and for kidnapping, by imprisonment for any term 
of years or for life; 
‘‘(2) for maiming, by imprisonment for not 
more than thirty years; 
‘‘(3) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than twenty years; 
‘‘(4) for threatening to commit a crime of vio-
lence, by imprisonment for not more than five years; 
‘‘(5) for attempting or conspiring to commit 
murder or kidnapping, by imprisonment for not 
more than ten years; and 
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‘‘(6) for attempting or conspiring to commit a 
crime involving maiming, assault with a dangerous 
weapon, or assault resulting in serious bodily injury, 
by imprisonment for not more than three years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘racketeering activity’ has the 
meaning set forth in section 511; and 
‘‘(2) the term ‘enterprise’ includes any partner-
ship, corporation, association, or other legal entity, 
and any union or group of individuals associated in 
fact although not a legal entity, which is engaged in, 
or the activities of which affect, interstate or foreign 
commerce. 
‘‘§ 508. Prohibition of unlicensed money transmitting 
businesses 
‘‘(a) OFFENSE.—Whoever knowingly conducts, con-
trols, manages, supervises, directs, or owns all or part of 
an unlicensed money transmitting business, shall be im-
prisoned not more than 5 years. 
‘‘(b) DEFINITION.—As used in this section— 
‘‘(1) the term ‘unlicensed money transmitting 
business’ means a money transmitting business 
which affects interstate or foreign commerce in any 
manner or degree and— 
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‘‘(A) is operated without an appropriate 
money transmitting license in a State where 
such operation is punishable as a misdemeanor 
or a felony under State law, whether or not the 
defendant knew that the operation was required 
to be licensed or that the operation was so pun-
ishable; 
‘‘(B) fails to comply with the money trans-
mitting 
business 
registration 
requirements 
under section 5330 of title 31, or regulations 
prescribed under such section; or 
‘‘(C) otherwise involves the transportation 
or transmission of funds that are known to the 
defendant to have been derived from a criminal 
offense or are intended to be used to promote 
or support unlawful activity; and 
‘‘(2) the term ‘money transmitting’ includes 
transferring funds on behalf of the public by any 
and all means including but not limited to transfers 
within this country or to locations abroad by wire, 
check, draft, facsimile, or courier. 
‘‘SUBCHAPTER B—RACKETEER INFLUENCED 
AND CORRUPT ORGANIZATIONS 
‘‘511. Definitions. 
‘‘512. Prohibited activities. 
‘‘513. Criminal penalties. 
‘‘514. Civil remedies. 
‘‘515. Venue and process. 
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chapter or of any final order, judgment, or decree of 
any court of the United States, duly entered in any 
case or proceeding arising under this subchapter; 
‘‘(7) the term ‘documentary material’ includes 
any book, paper, document, record, recording, or 
other material; and 
‘‘(8) the term ‘Attorney General’ includes the 
Attorney General of the United States, the Deputy 
Attorney General of the United States, the Associate 
Attorney General of the United States, any Assist-
ant Attorney General of the United States, or any 
employee of the Department of Justice or any em-
ployee of any department or agency of the United 
States so designated by the Attorney General to 
carry out the powers conferred on the Attorney Gen-
eral by this chapter, and any department or agency 
so designated may use in investigations authorized 
by this subchapter either the investigative provisions 
of this subchapter or the investigative power of such 
department or agency otherwise conferred by law. 
‘‘§ 512. Prohibited activities 
‘‘(a) USING OR INVESTING PROCEEDS.—It shall be 
unlawful for any person who has received any income de-
rived, directly or indirectly, from a pattern of racketeering 
activity or through collection of an unlawful debt in which 
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