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Online Attorney
e XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108
Stat. 2125, 2147; Pub. L. 107-56, title VIII, Sec. 811(c), Oct. 26,
2001, 115 Stat. 381.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 116 (Mar. 4, 1909, ch.
321, Sec. 60, 35 Stat. 1099).
This section was extended to include radio and radio stations.
Minor changes were made in phraseology.
AMENDMENTS
2001 - Pub. L. 107-56, in first par., struck out "or attempts
willfully or maliciously to injure or destroy" after "Whoever
willfully or maliciously injures or destroys" and inserted "or
attempts or conspires to do such an act," before "shall be fined".
1994 - Pub. L. 103-322, in first par., inserted "or attempts
willfully or maliciously to injure or destroy" after "willfully or
maliciously injures or destroys" and substituted "fined under this
title" for "fined not more than $10,000".
1961 - Pub. L. 87-306 extended the provisions of the section to
means of communication used or intended to be used for military or
civil defense functions of the United States, made the provisions
inapplicable to lawful strike activities, which do not injure any
line or system used for such functions, and increased the
punishment by fine from $1,000 to $10,000 and by imprisonment from
3 to 10 years.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2332b, 2339A of this
title.
-End-
-CITE-
18 USC Sec. 1363 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 65 - MALICIOUS MISCHIEF
-HEAD-
Sec. 1363. Buildings or property within special maritime and
territorial jurisdiction
-STATUTE-
Whoever, within the special maritime and territorial jurisdiction
of the United States, willfully and maliciously destroys or injures
any structure, conveyance, or other real or personal property, or
attempts or conspires to do such an act, shall be fined under this
title or imprisoned not more than five years, or both, and if the
building be a dwelling, or the life of any person be placed in
jeopardy, shall be fined under this title or imprisoned not more
than twenty years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147;
Pub. L. 104-132, title VII, Sec. 703, Apr. 24, 1996, 110 Stat.
1294; Pub. L. 107-56, title VIII, Sec. 811(d), Oct. 26, 2001, 115
Stat. 381.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 464, 465 (Mar. 4,
1909, ch. 321, Secs. 285, 286, 35 Stat. 1144).
Said sections were consolidated and rewritten both as to form and
substance. The provisions relating to arson are incorporated in
section 81 of this title. (See reviser's note under said section 81
of this title for explanation of changes.)
AMENDMENTS
2001 - Pub. L. 107-56 struck out "or attempts to destroy or
injure" after "destroys or injures" and inserted "or attempts or
conspires to do such an act," after "personal property,".
1996 - Pub. L. 104-132 substituted "any structure, conveyance, or
other real or personal property" for "any building, structure or
vessel, any machinery or building materials and supplies, military
or naval stores, munitions of war or any structural aids or
appliances for navigation or shipping".
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $1,000" after "shipping, shall be" and for
"fined not more than $5,000" after "jeopardy, shall be".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2332b, 2339A, 3050
of this title.
-End-
-CITE-
18 USC Sec. 1364 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 65 - MALICIOUS MISCHIEF
-HEAD-
Sec. 1364. Interference with foreign commerce by violence
-STATUTE-
Whoever, with intent to prevent, interfere with, or obstruct or
attempt to prevent, interfere with, or obstruct the exportation to
foreign countries of articles from the United States, injures or
destroys, by fire or explosives, such articles or the places where
they may be while in such foreign commerce, shall be fined under
this title or imprisoned not more than twenty years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 381 (June 15, 1917, ch.
30, titles IV, XIII, Sec. 1, 40 Stat. 221, 231; Mar. 28, 1940, ch.
72, Sec. 4, 54 Stat. 79).
Mandatory punishment provisions were rephrased in the
alternative.
Definition of the term "United States" was omitted and
incorporated in section 5 of this title.
Minor verbal changes were made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $10,000".
-End-
-CITE-
18 USC Sec. 1365 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 65 - MALICIOUS MISCHIEF
-HEAD-
Sec. 1365. Tampering with consumer products
-STATUTE-
(a) Whoever, with reckless disregard for the risk that another
person will be placed in danger of death or bodily injury and under
circumstances manifesting extreme indifference to such risk,
tampers with any consumer product that affects interstate or
foreign commerce, or the labeling of, or container for, any such
product, or attempts to do so, shall -
(1) in the case of an attempt, be fined under this title or
imprisoned not more than ten years, or both;
(2) if death of an individual results, be fined under this
title or imprisoned for any term of years or for life, or both;
(3) if serious bodily injury to any individual results, be
fined under this title or imprisoned not more than twenty years,
or both; and
(4) in any other case, be fined under this title or imprisoned
not more than ten years, or both.
(b) Whoever, with intent to cause serious injury to the business
of any person, taints any consumer product or renders materially
false or misleading the labeling of, or container for, a consumer
product, if such consumer product affects interstate or foreign
commerce, shall be fined under this title or imprisoned not more
than three years, or both.
(c)(1) Whoever knowingly communicates false information that a
consumer product has been tainted, if such product or the results
of such communication affect interstate or foreign commerce, and if
such tainting, had it occurred, would create a risk of death or
bodily injury to another person, shall be fined under this title or
imprisoned not more than five years, or both.
(2) As used in paragraph (1) of this subsection, the term
"communicates false information" means communicates information
that is false and that the communicator knows is false, under
circumstances in which the information may reasonably be expected
to be believed.
(d) Whoever knowingly threatens, under circumstances in which the
threat may reasonably be expected to be believed, that conduct
that, if it occurred, would violate subsection (a) of this section
will occur, shall be fined under this title or imprisoned not more
than five years, or both.
(e) Whoever is a party to a conspiracy of two or more persons to
commit an offense under subsection (a) of this section, if any of
the parties intentionally engages in any conduct in furtherance of
such offense, shall be fined under this title or imprisoned not
more than ten years, or both.
(f)(1) Whoever, without the consent of the manufacturer,
retailer, or distributor, intentionally tampers with a consumer
product that is sold in interstate or foreign commerce by knowingly
placing or inserting any writing in the consumer product, or in the
container for the consumer product, before the sale of the consumer
product to any consumer shall be fined under this title, imprisoned
not more than 1 year, or both.
(2) Notwithstanding the provisions of paragraph (1), if any
person commits a violation of this subsection after a prior
conviction under this section becomes final, such person shall be
fined under this title, imprisoned for not more than 3 years, or
both.
(3) In this subsection, the term "writing" means any form of
representation or communication, including hand-bills, notices, or
advertising, that contain letters, words, or pictorial
representations.
(g) In addition to any other agency which has authority to
investigate violations of this section, the Food and Drug
Administration and the Department of Agriculture, respectively,
have authority to investigate violations of this section involving
a consumer product that is regulated by a provision of law such
Administration or Department, as the case may be, administers.
(h) As used in this section -
(1) the term "consumer product" means -
(A) any "food", "drug", "device", or "cosmetic", as those
terms are respectively defined in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321); or
(B) any article, product, or commodity which is customarily
produced or distributed for consumption by individuals, or use
by individuals for purposes of personal care or in the
performance of services ordinarily rendered within the
household, and which is designed to be consumed or expended in
the course of such consumption or use;
(2) the term "labeling" has the meaning given such term in
section 201(m) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(m));
(3) the term "serious bodily injury" means bodily injury which
involves -
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a bodily
member, organ, or mental faculty; and
(4) the term "bodily injury" means -
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily member, organ, or
mental faculty; or
(E) any other injury to the body, no matter how temporary.
-SOURCE-
(Added Pub. L. 98-127, Sec. 2, Oct. 13, 1983, 97 Stat. 831; amended
Pub. L. 101-647, title XXXV, Sec. 3544, Nov. 29, 1990, 104 Stat.
4926; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), (O), (Q),
(S), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 107-307, Sec. 2,
Dec. 2, 2002, 116 Stat. 2445.)
-COD-
CODIFICATION
Another section 1365 was renumbered section 1366 of this title.
-MISC1-
AMENDMENTS
2002 - Subsecs. (f) to (h). Pub. L. 107-307 added subsec. (f) and
redesignated former subsecs. (f) and (g) as (g) and (h),
respectively.
1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 330016(1)(O),
substituted "fined under this title" for "fined not more than
$25,000".
Subsec. (a)(2), (3). Pub. L. 103-322, Sec. 330016(1)(S),
substituted "fined under this title" for "fined not more than
$100,000".
Subsec. (a)(4). Pub. L. 103-322, Sec. 330016(1)(Q), substituted
"fined under this title" for "fined not more than $50,000".
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted
"fined under this title" for "fined not more than $10,000".
Subsecs. (c)(1), (d), (e). Pub. L. 103-322, Sec. 330016(1)(O),
substituted "fined under this title" for "fined not more than
$25,000".
1990 - Subsec. (g)(1)(A). Pub. L. 101-647 inserted opening
quotation marks before "device".
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-307, Sec. 1, Dec. 2, 2002, 116 Stat. 2445, provided
that: "This Act [amending this section] may be cited as the
'Product Packaging Protection Act of 2002'."
SHORT TITLE
Section 1 of Pub. L. 98-127 provided: "That this Act [enacting
this section and section 155A of Title 35, Patents] may be cited as
the 'Federal Anti-Tampering Act'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 37, 38, 43, 113, 1111,
1153, 1347, 1993, 2119, 2332b, 2332f, 2339C, 3559, 3663A of this
title; title 8 section 1324; title 49 section 30170.
-End-
-CITE-
18 USC Sec. 1366 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 65 - MALICIOUS MISCHIEF
-HEAD-
Sec. 1366. Destruction of an energy facility
-STATUTE-
(a) Whoever knowingly and willfully damages or attempts to damage
the property of an energy facility in an amount that in fact
exceeds or would if the attempted offense had been completed have
exceeded $100,000, or damages or attempts to damage the property of
an energy facility in any amount and causes or attempts to cause a
significant interruption or impairment of a function of an energy
facility, shall be punishable by a fine under this title or
imprisonment for not more than 20 years, or both.
(b) Whoever knowingly and willfully damages or attempts to damage
the property of an energy facility in an amount that in fact
exceeds or would if the attempted offense had been completed have
exceeded $5,000 shall be punishable by a fine under this title, or
imprisonment for not more than five years, or both.
(c) For purposes of this section, the term "energy facility"
means a facility that is involved in the production, storage,
transmission, or distribution of electricity, fuel, or another form
or source of energy, or research, development, or demonstration
facilities relating thereto, regardless of whether such facility is
still under construction or is otherwise not functioning, except a
facility subject to the jurisdiction, administration, or in the
custody of the Nuclear Regulatory Commission or an interstate gas
pipeline facility as defined in section 60101 of title 49.
(d) Whoever is convicted of a violation of subsection (a) or (b)
that has resulted in the death of any person shall be subject to
imprisonment for any term of years or life.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1011(a), Oct. 12, 1984, 98
Stat. 2141, Sec. 1365; renumbered Sec. 1366, Pub. L. 99-646, Sec.
29(a), Nov. 10, 1986, 100 Stat. 3598; amended Pub. L. 101-647,
title XXXV, Secs. 3545, 3546, Nov. 29, 1990, 104 Stat. 4926; Pub.
L. 103-272, Sec. 5(e)(9), July 5, 1994, 108 Stat. 1374; Pub. L.
103-322, title XXXII, Sec. 320903(d)(3), title XXXIII, Sec.
330016(2)(C), Sept. 13, 1994, 108 Stat. 2125, 2148; Pub. L. 107-56,
title VIII, Sec. 810(b), Oct. 26, 2001, 115 Stat. 380.)
-MISC1-
AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-56, Sec. 810(b)(1), substituted
"20 years" for "ten years".
Subsec. (d). Pub. L. 107-56, Sec. 810(b)(2), added subsec. (d).
1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(2)(C),
substituted "fine under this title" for "fine of not more than
$50,000".
Pub. L. 103-322, Sec. 320903(d)(3), inserted "or attempts to
damage" after "damages" in two places, "or would if the attempted
offense had been completed have exceeded" after "exceeds", and "or
attempts to cause" after "causes".
Subsec. (b). Pub. L. 103-322, Sec. 330016(2)(C), substituted
"fine under this title" for "fine of not more than $25,000".
Pub. L. 103-322, Sec. 320903(d)(3)(A), (C), inserted "or attempts
to damage" after "damages" and "or would if the attempted offense
had been completed have exceeded" after "exceeds".
Subsec. (c). Pub. L. 103-272 substituted "an interstate gas
pipeline facility as defined in section 60101 of title 49" for
"interstate transmission facilities, as defined in section 2 of the
Natural Gas Pipeline Safety Act of 1968".
1990 - Subsec. (c). Pub. L. 101-647, Sec. 3545, substituted
"section 2 of the Natural Gas Pipeline Safety Act of 1968" for "49
U.S.C. 1671".
Subsec. (d). Pub. L. 101-647, Sec. 3546, struck out subsec. (d)
which read as follows: "The table of contents for chapter 65 of
title 18, United States Code, is amended by adding at the end
thereof the following new item: '1365 Destruction of an energy
facility.' "
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2332b, 2339, 2339A, 2516
of this title.
-End-
-CITE-
18 USC Sec. 1367 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 65 - MALICIOUS MISCHIEF
-HEAD-
Sec. 1367. Interference with the operation of a satellite
-STATUTE-
(a) Whoever, without the authority of the satellite operator,
intentionally or maliciously interferes with the authorized
operation of a communications or weather satellite or obstructs or
hinders any satellite transmission shall be fined in accordance
with this title or imprisoned not more than ten years or both.
(b) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency or of an intelligence agency of the United
States.
-SOURCE-
(Added Pub. L. 99-508, title III, Sec. 303(a), Oct. 21, 1986, 100
Stat. 1872.)
-MISC1-
EFFECTIVE DATE
Section effective 90 days after Oct. 21, 1986, and, in case of
conduct pursuant to court order or extension, applicable only with
respect to court orders and extensions made after such date, with
special rule for State authorizations of interceptions, see section
302 of Pub. L. 99-508, set out as a note under section 3121 of this
title.
-End-
-CITE-
18 USC Sec. 1368 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 65 - MALICIOUS MISCHIEF
-HEAD-
Sec. 1368. Harming animals used in law enforcement
-STATUTE-
(a) Whoever willfully and maliciously harms any police animal, or
attempts or conspires to do so, shall be fined under this title and
imprisoned not more than 1 year. If the offense permanently
disables or disfigures the animal, or causes serious bodily injury
to or the death of the animal, the maximum term of imprisonment
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