Federal Laws
Drug-Induced Rape Prevention and Punishment Act
Summary of H.R. 4137 (Solomon-Hatch)
The Drug-Induced Rape Prevention and Punishment Act
As Enacted on October 12, 1996
The bill provides new penalties of up to 20 years imprisonment and fines in accordance with Title 18, U.S.C., for persons who intend to commit a crime of violence (including rape), by distributing a controlled substance to another individual without that individual's knowledge.
Specific Penalties for Rohypnol
Additional penalties are also imposed with specific reference to flunitrazepam, sold under the trade name of Rohypnol. In general, these penalties are equivalent to Schedule I controlled substances, which generally include the possibility of imprisonment up to 20 years for individuals who knowingly, or intentionally manufacture, distribute, or dispense one gram of flunitrazepam, or up to 5 years for 30 milligrams. [Note: the penalties are higher if the person has a prior conviction or if death or serious bodily injury results from the use of the substance.]
Penalties for Import and Export of Flunitrazepam
The Controlled Substance Act provisions relating to import or export are also amended, so that penalties for violations involving Rohypnol, are equivalent penalties for Schedule I drugs.
Sentencing Guidelines
The United States Sentencing Commission is directed to review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam so that the guidelines reflect the serious nature of such crimes.
Simple possession of Rohypnol
A new penalty is added of up to three years' imprisonment, or a fine, or both, for simple possession of Rohypnol.
Education Program for Police Officers
A new program is established to provide police departments with educational materials on the use of controlled substances during rapes and sexual assaults.
Study
A Federal/State study on whether Rohypnol should be scheduled in a more restrictive category under the Controlled Substance Act will be submitted to Congress within six month's of the bill's enactment.
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