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Online Attorney
or injurious devices on Federal lands
-STATUTE-
(a) Whoever -
(1) with the intent to violate the Controlled Substances Act,
(2) with the intent to obstruct or harass the harvesting of
timber, or
(3) with reckless disregard to the risk that another person
will be placed in danger of death or bodily injury and under
circumstances manifesting extreme indifference to such risk,
uses a hazardous or injurious device on Federal land, on an Indian
reservation, or on an Indian allotment while the title to such
allotment is held in trust by the United States or while such
allotment remains inalienable by the allottee without the consent
of the United States shall be punished under subsection (b).
(b) An individual who violates subsection (a) shall -
(1) if death of an individual results, be fined under this
title or imprisoned for any term of years or for life, or both;
(2) if serious bodily injury to any individual results, be
fined under this title or imprisoned for not more than 40 years,
or both;
(3) if bodily injury to any individual results, be fined under
this title or imprisoned for not more than 20 years, or both;
(4) if damage to the property of any individual results or if
avoidance costs have been incurred exceeding $10,000, in the
aggregate, be fined under this title or imprisoned for not more
than 20 years, or both; and
(5) in any other case, be fined under this title or imprisoned
for not more than one year.
(c) Any individual who is punished under subsection (b)(5) after
one or more prior convictions under any such subsection shall be
fined under this title or imprisoned for not more than 20 years, or
both.
(d) As used in this section -
(1) 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; and
(D) protracted loss or impairment of the function of bodily
member, organ, or mental faculty;
(2) 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;
(3) the term "hazardous or injurious device" means a device,
which when assembled or placed, is capable of causing bodily
injury, or damage to property, by the action of any person making
contact with such device subsequent to the assembly or placement.
Such term includes guns attached to trip wires or other
triggering mechanisms, ammunition attached to trip wires or other
triggering mechanisms, or explosive devices attached to trip
wires or other triggering mechanisms, sharpened stakes, lines or
wires, lines or wires with hooks attached, nails placed so that
the sharpened ends are positioned in an upright manner, or tree
spiking devices including spikes, nails, or other objects
hammered, driven, fastened, or otherwise placed into or on any
timber, whether or not severed from the stump; and
(4) the term "avoidance costs" means costs incurred by any
individual for the purpose of -
(A) detecting a hazardous or injurious device; or
(B) preventing death, serious bodily injury, bodily injury,
or property damage likely to result from the use of a hazardous
or injurious device in violation of subsection (a).
(e) Any person injured as the result of a violation of subsection
(a) may commence a civil action on his own behalf against any
person who is alleged to be in violation of subsection (a). The
district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, in such
civil actions. The court may award, in addition to monetary damages
for any injury resulting from an alleged violation of subsection
(a), costs of litigation, including reasonable attorney and expert
witness fees, to any prevailing or substantially prevailing party,
whenever the court determines such award is appropriate.
-SOURCE-
(Added Pub. L. 100-690, title VI, Sec. 6254(f), Nov. 18, 1988, 102
Stat. 4366; amended Pub. L. 101-647, title XXXV, Sec. 3555, Nov.
29, 1990, 104 Stat. 4927; Pub. L. 103-322, title XXXIII, Sec.
330007, Sept. 13, 1994, 108 Stat. 2142; Pub. L. 104-134, title I,
Sec. 101(c) [title III, Sec. 330], Apr. 26, 1996, 110 Stat.
1321-156, 1321-208; renumbered title I, Pub. L. 104-140, Sec. 1(a),
May 2, 1996, 110 Stat. 1327.)
-REFTEXT-
REFERENCES IN TEXT
The Controlled Substances Act, referred to in subsec. (a)(1), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, which is classified principally to subchapter I (Sec. 801
et seq.) of chapter 13 of Title 21, Food and Drugs. For complete
classification of this Act to the Code, see Short Title note set
out under section 801 of Title 21 and Tables.
-MISC1-
AMENDMENTS
1996 - Subsec. (b)(2). Pub. L. 104-134, Sec. 101(c) [title III,
Sec. 330(1)(A)], substituted "40" for "twenty".
Subsec. (b)(3). Pub. L. 104-134, Sec. 101(c) [title III, Sec.
330(1)(B)], substituted "20" for "ten".
Subsec. (b)(4). Pub. L. 104-134, Sec. 101(c) [title III, Sec.
330(1)(C), (D)], substituted "if damage to the property of any
individual results or if avoidance costs have been incurred
exceeding $10,000, in the aggregate," for "if damage exceeding
$10,000 to the property of any individual results," and "20" for
"ten".
Subsec. (c). Pub. L. 104-134, Sec. 101(c) [title III, Sec.
330(2)], substituted "20" for "ten".
Subsec. (d)(4). Pub. L. 104-134, Sec. 101(c) [title III, Sec.
330(3)], added par. (4).
Subsec. (e). Pub. L. 104-134, Sec. 101(c) [title III, Sec.
330(4)], added subsec. (e).
1994 - Subsec. (c). Pub. L. 103-322 substituted "(b)(5)" for
"(b)(3), (4), or (5)".
1990 - Subsec. (d)(1)(D), (E). Pub. L. 101-647 struck out "and"
at end of subpar. (D) and substituted "; and" for period at end of
subpar. (E).
-End-
-CITE-
18 USC CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES
-HEAD-
CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES
-MISC1-
Sec.
1901. Collecting or disbursing officer trading in public
property.
1902. Disclosure of crop information and speculation
thereon.
1903. Speculation in stocks or commodities affecting crop
insurance.
[1904. Repealed.]
1905. Disclosure of confidential information generally.
1906. Disclosure of information from a bank examination
report.
1907. Disclosure of information by farm credit examiner.
[1908. Repealed.]
1909. Examiner performing other services.
1910. Nepotism in appointment of receiver or trustee.
1911. Receiver mismanaging property.
1912. Unauthorized fees for inspection of vessels.
1913. Lobbying with appropriated moneys.
[1914. Repealed.]
1915. Compromise of customs liabilities.
1916. Unauthorized employment and disposition of lapsed
appropriations.
1917. Interference with civil service examinations.
1918. Disloyalty and asserting the right to strike against
the Government.
1919. False statement to obtain unemployment compensation
for Federal service.
1920. False statement or fraud to obtain Federal employees'
compensation.
1921. Receiving Federal employees' compensation after
marriage.
1922. False or withheld report concerning Federal employees'
compensation.
1923. Fraudulent receipt of payments of missing persons.
1924. Unauthorized removal and retention of classified
documents or material.
AMENDMENTS
1996 - Pub. L. 104-294, title VI, Sec. 604(b)(44), Oct. 11, 1996,
110 Stat. 3509, substituted "employees' " for "employee's" in item
1920.
1994 - Pub. L. 103-359, title VIII, Sec. 808(b), Oct. 14, 1994,
108 Stat. 3454, added item 1924.
Pub. L. 103-333, title I, Sec. 101(b)(2), Sept. 30, 1994, 108
Stat. 2548, substituted "or fraud to obtain Federal employee's
compensation" for "to obtain Federal employees' compensation" in
item 1920.
Pub. L. 103-322, title XXXIII, Sec. 330004(11), Sept. 13, 1994,
108 Stat. 2141, struck out items 1904 "Disclosure of information or
speculation in securities affecting Reconstruction Finance
Corporation" and 1908 "Disclosure of information by National
Agricultural Credit Corporation examiner".
1990 - Pub. L. 101-647, title XXXV, Sec. 3556, Nov. 29, 1990, 104
Stat. 4927, substituted "from a bank examination report" for "by
bank examiner" in item 1906 and struck out item 1914 "Salary of
Government officials and employees payable only by United States".
1966 - Pub. L. 89-554, Sec. 3(c), Sept. 6, 1966, 80 Stat. 608,
added items 1916 to 1923.
-End-
-CITE-
18 USC Sec. 1901 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES
-HEAD-
Sec. 1901. Collecting or disbursing officer trading in public
property
-STATUTE-
Whoever, being an officer of the United States concerned in the
collection or the disbursement of the revenues thereof, carries on
any trade or business in the funds or debts of the United States,
or of any State, or in any public property of either, shall be
fined under this title or imprisoned not more than one year, or
both; and shall be removed from office, and be incapable of holding
any office under the United States.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 790; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(J), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 192 (Mar. 4, 1909, ch.
321, Sec. 103, 35 Stat. 1107).
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $3,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 26 section 7214.
-End-
-CITE-
18 USC Sec. 1902 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES
-HEAD-
Sec. 1902. Disclosure of crop information and speculation thereon
-STATUTE-
Whoever, being an officer, employee or person acting for or on
behalf of the United States or any department or agency thereof,
and having by virtue of his office, employment or position, become
possessed of information which might influence or affect the market
value of any product of the soil grown within the United States,
which information is by law or by the rules of such department or
agency required to be withheld from publication until a fixed time,
willfully imparts, directly or indirectly, such information, or any
part thereof, to any person not entitled under the law or the rules
of the department or agency to receive the same; or, before such
information is made public through regular official channels,
directly or indirectly speculates in any such product by buying or
selling the same in any quantity, shall be fined under this title
or imprisoned not more than ten years, or both.
No person shall be deemed guilty of a violation of any such
rules, unless prior to such alleged violation he shall have had
actual knowledge thereof.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 790; 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. 214 (Mar. 4, 1909, ch.
321, Sec. 123, 35 Stat. 1110).
Words "agency thereof" were inserted in lieu of "office thereof"
at beginning of section in conformity with section 6 of this title.
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $10,000" in first par.
-End-
-CITE-
18 USC Sec. 1903 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES
-HEAD-
Sec. 1903. Speculation in stocks or commodities affecting crop
insurance
-STATUTE-
Whoever, while acting in any official capacity in the
administration of any Act of Congress relating to crop insurance or
to the Federal Crop Insurance Corporation speculates in any
agricultural commodity or product thereof, to which such enactments
apply, or in contracts relating thereto, or in the stock or
membership interests of any association or corporation engaged in
handling, processing, or disposing of any such commodity or
product, shall be fined under this title or imprisoned not more
than two years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 790; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 1514(b) of title 7, U.S.C., 1940 ed.,
Agriculture (Feb. 16, 1938, ch. 30, title V, Sec. 514(b), 52 Stat.
76).
Words "upon conviction thereof" were omitted as surplusage since
punishment can be imposed only after a conviction.
Minor changes were made in phraseology and translations.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $10,000".
-End-
-CITE-
18 USC Sec. 1904 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES
-HEAD-
[Sec. 1904. Repealed. Pub. L. 103-322, title XXXIII, Sec.
330004(11), Sept. 13, 1994, 108 Stat. 2141]
-MISC1-
Section, acts June 25, 1948, ch. 645, 62 Stat. 791; Sept. 13,
1994, Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), 108 Stat.
2147, related to disclosure of information or speculation in
securities affecting Reconstruction Finance Corporation.
-End-
-CITE-
18 USC Sec. 1905 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES
-HEAD-
Sec. 1905. Disclosure of confidential information generally
-STATUTE-
Whoever, being an officer or employee of the United States or of
any department or agency thereof, any person acting on behalf of
the Office of Federal Housing Enterprise Oversight, or agent of the
Department of Justice as defined in the Antitrust Civil Process Act
(15 U.S.C. 1311-1314), or being an employee of a private sector
organization who is or was assigned to an agency under chapter 37
of title 5, publishes, divulges, discloses, or makes known in any
manner or to any extent not authorized by law any information
coming to him in the course of his employment or official duties or
by reason of any examination or investigation made by, or return,
report or record made to or filed with, such department or agency
or officer or employee thereof, which information concerns or
relates to the trade secrets, processes, operations, style of work,
or apparatus, or to the identity, confidential statistical data,
amount or source of any income, profits, losses, or expenditures of
any person, firm, partnership, corporation, or association; or
permits any income return or copy thereof or any book containing
any abstract or particulars thereof to be seen or examined by any
person except as provided by law; shall be fined under this title,
or imprisoned not more than one year, or both; and shall be removed
from office or employment.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 96-349, Sec. 7(b),
Sept. 12, 1980, 94 Stat. 1158; Pub. L. 102-550, title XIII, Sec.
1353, Oct. 28, 1992, 106 Stat. 3970; Pub. L. 104-294, title VI,
Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-347,
title II, Sec. 209(d)(2), Dec. 17, 2002, 116 Stat. 2930.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 176b of title 15, U.S.C., 1940 ed., Commerce and
Trade; section 216 of title 18, U.S.C., 1940 ed.; section 1335 of
title 19, U.S.C., 1940 ed., Customs Duties (R.S. Sec. 3167; Aug.
27, 1894, ch. 349, Sec. 24, 28 Stat. 557; Feb. 26, 1926, ch. 27,
Sec. 1115, 44 Stat. 117; June 17, 1930, ch. 497, title III, Sec.
335, 46 Stat. 701; Jan. 27, 1938, ch. 11, Sec. 2, 52 Stat. 8).
Section consolidates section 176b of title 15, U.S.C., 1940 ed.,
Commerce and Trade; section 216 of title 18, U.S.C., 1940 ed., and
section 1335 of title 19, U.S.C., 1940 ed., Customs Duties.
Words "or of any department or agency thereof" and words "such
department or agency" were inserted so as to eliminate any possible
ambiguity as to scope of section. (See definition of "department"
and "agency" in section 6 of this title.)
References to the offenses as misdemeanors, contained in all of
said sections, were omitted in view of definitive section 1 of this
title.
The provisions of section 216 of title 18, U.S.C., 1940 ed.,
relating to publication of income tax data by "any person", were
omitted as covered by section 55(f)(1) of title 26, U.S.C., 1940
ed., Internal Revenue Code.
Minor changes were made in translations and phraseology.
-REFTEXT-
REFERENCES IN TEXT
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