I
104TH CONGRESS
2D SESSION
H. R. 3905
To amend the Controlled Substances Act to provide an enhanced penalty
for distributing a controlled substance with the intent to facilitate a
rape or sexual battery, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 1996
Mr. SOLOMON (for himself, Ms. DUNN of Washington, Ms. MOLINARI, Mr.
JOHNSTON of Florida, Mr. GALLEGLY, Mr. OXLEY, Mr. TATE, Mrs.
CUBIN, Mr. BAKER of Louisiana, Mr. FRANKS of Connecticut, Mrs.
SEASTRAND, Mr. BILBRAY, Mrs. LOWEY, Ms. PRYCE, Mr. ACKERMAN,
and Mrs. FOWLER) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisons as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend the Controlled Substances Act to provide an en-
hanced penalty for distributing a controlled substance
with the intent to facilitate a rape or sexual battery,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Drug-Induced Rape
Act of 1996’’.
SEC. 2. DISTRIBUTION OF CONTROLLED SUBSTANCE WITH
INTENT TO FACILITATE A RAPE OR SEXUAL
BATTERY.
Section 401(b) of the Controlled Substances Act is
amended by adding at the end the following:
‘‘(7)(A) Whoever, with intent to rape an individual,
violates subsection (a) by distributing a controlled sub-
stance to that individual without that individual’s knowl-
edge, shall be fined not more than $2,000,000 if the de-
fendant is an individual and not more than $10,000,000
if the defendant is a person other than an individual and
imprisoned not less than 20 years.
‘‘(B) Notwithstanding any other provision of law the
court shall not place on probation or suspend the sentence
of any person sentenced under this paragraph.
‘‘(C) As used in this paragraph—
‘‘(i) the term ‘intent to rape’, with respect to an
individual, means the intent to facilitate conduct
with that individual that would violate section
2241(b) or 2242(2) of title 18, United States Code,
if that conduct occurred in the special maritime and
territorial jurisdiction of the United States; and
‘‘(ii) the term ‘without that individual’s knowl-
edge’ means that the individual is unaware of the
capacity of the substance to impair that individual’s
ability to appraise conduct or to decline participation
in or communicate unwillingness to participate in
conduct. ’’.
SEC. 
3. 
ADDITIONAL 
PENALTIES 
RELATING 
TO
FLUNITRAZEPAM.
(a) GENERAL PENALTIES.—Section 401 of the Con-
trolled Substances Act (21 U.S.C. 841) is amended—
(1) in subsection (b)(1)(A)—
(A) by striking ‘‘or’’ at the end of clause
(vii);
(B) by inserting ‘‘or’’ at the end of clause
(viii);
(C) by inserting after clause (viii) the fol-
lowing:
‘‘(ix) 1 gram or more of flunitrazepam;’’;
(2) in subsection (b)(1)(B)—
(A) by striking ‘‘or’’ at the end of clause
(vii);
(B) by inserting ‘‘or’’ at the end of clause
(viii);
(C) by inserting after clause (viii) the fol-
lowing:
‘‘(ix) 100 mg or more of flunitrazepam;’’; and
(3) in subsection (b)(1)(C), by inserting ‘‘or
flunitrazepam’’ after ‘‘I or II’’.
(b) IMPORT AND EXPORT PENALTIES.—
(1) Section 1009(a) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 959(a))
is amended by inserting ‘‘or flunitrazepam’’ after ‘‘I
or II’’.
(2) Section 1010(b) of the Controlled Sub-
stances Import and Export Act (21 U.S.C 960(b))
is amended—
(A) in paragraph (1)—
(i) by striking ‘‘or’’ at the end of sub-
paragraph (G);
(ii) by inserting ‘‘or’’ at the end of
subparagraph (H);
(iii) by inserting after subparagraph
(H) the following:
‘‘(I) 1 gram or more of flunitrazepam;’’; and
(B) in paragraph (2)—
(i) by striking ‘‘or’’ at the end of sub-
paragraph (G);
(ii) by inserting ‘‘or’’ at the end of
subparagraph (H);
(iii) by inserting after subparagraph
(H) the following:
‘‘(I) 100 mg or more of flunitrazepam;’’
and
(C) in paragraph (3), by inserting ‘‘or
flunitrazepam’’ after ‘‘I or II,’’.
(3) Section 1010(b)(4) of the Controlled Sub-
stances Import and Export Act is amended by in-
serting 
‘‘(except 
a 
violation 
involving
flunitrazepam)’’ after ‘‘III, IV, or V,’’.
(c) SENTENCING GUIDELINES.—The United States
Sentencing Commission shall amend the Sentencing
Guidelines so that one dosage unit of flunitrazepam shall
be equivalent to one gram of marihuana for determining
the offense level under the Drug Quantity Table.
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