Drug-Induced Rape Prevention and Punishment Act of 1996
PL 104-305 (H.R.4137), enacted 10/13/1996

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 21USC841. 
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 participa-
tion 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,". 
110 STAT. 3808 
PUBLIC LAW 104-305—OCT. 13, 1996 
28 use 994 note. 
(3) SENTENCING GUIDELINES.— 
(A) AMENDMENT OF SENTENCING GUIDELINES.—Pursu-
ant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission 
shall review and amend, as appropriate, the sentencing 
guidelines for offenses involving flunitrazepam. 
(B) 
SUMMARY.—The 
United 
States 
Sentencing 
Commission shall submit to the Congress— 
(i) a summary of its review under subparagraph 
(A); and 
(ii) an explanation for any amendment to the 
sentencing guidelines made under subparagraph (A). 
(C) SERIOUS NATURE OF OFFENSES.—In carrying out 
this paragraph, the United States Sentencing Commission 
shall ensure tnat the sentencing guidelines for offenses 
involving flunitrazepam reflect the serious nature of such 
offenses. 
(c) INCREASED PENALTIES FOR UNLAWFUL SIMPLE POSSESSION 
OF FLUNITRAZEPAM.—Section 404(a) of the Controlled Substances 
Act (21 U.S.C. 844(a)) is amended by inserting after "exceeds 1 
gram." the following: "Notwithstanding any penalty provided in 
this subsection, any person convicted under this subsection for 
the possession of flunitrazepam shall be imprisoned for not more 
than 3 years, shall be fined as otherwise provided in this section, 
or both.^'. 
SEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM. 
(a) STUDY.—^The Administrator of the Drue Enforcement 
Administration shall, in consultation with other Federal and State 
agencies, as appropriate, conduct a study on the appropriateness 
and desirability of rescheduling flimitrazepam as a Schedule I 
controlled substance under the Controlled Substances Act (21 U.S.C. 
801 et seq.). 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall submit to the 
Committees on the Judiciary of the House of Representatives and 
the Senate the results of me study conducted under subsection 
(a), together with any recommendations regarding rescheduling of 
flunitrazepam as a Schedule I controlled substance under the 
Controlled Substances Act (21 U.S.C. 801 et seq.). 
PUBLIC LAW 104-305—OCT. 13, 1996 
110 STAT. 3809 
SEC. 4. EDUCATIONAL PROGRAM FOR POUCE DEPARTMENTS. 
21USC 872 note. 
The Attorney General may— 
(1) create educational materials regarding the use of 
controlled substances (as that term is denned m section 102 
of the Controlled Substances Act) in the furtherance of rapes 
and sexual assaults; and 
(2) disseminate those materials to police departments 
throughout the United States. 
Approved October 13, 1996. 
LEGISLATIVE HISTORY—HJt. 4137: 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 25, 26, considered and passed House. 
Oct. 3 considered and passed Senate, amended. 
Oct. 4, House concurred in Senate amendment.