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Online Attorney
mer subpar. (B) which read as follows: "poison gas;".
Subsec. (c). Pub. L. 104-132, Sec. 725(3), redesignated subsec.
(b) as (c).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 842, 1956, 2332b, 2332e,
2332f, 2339, 2339A, 2516, 3592 of this title; title 19 section
1583; title 22 section 2296c; title 38 section 6105.
-End-
-CITE-
18 USC Sec. 2332b 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2332b. Acts of terrorism transcending national boundaries
-STATUTE-
(a) Prohibited Acts. -
(1) Offenses. - Whoever, involving conduct transcending
national boundaries and in a circumstance described in subsection
(b) -
(A) kills, kidnaps, maims, commits an assault resulting in
serious bodily injury, or assaults with a dangerous weapon any
person within the United States; or
(B) creates a substantial risk of serious bodily injury to
any other person by destroying or damaging any structure,
conveyance, or other real or personal property within the
United States or by attempting or conspiring to destroy or
damage any structure, conveyance, or other real or personal
property within the United States;
in violation of the laws of any State, or the United States,
shall be punished as prescribed in subsection (c).
(2) Treatment of threats, attempts and conspiracies. - Whoever
threatens to commit an offense under paragraph (1), or attempts
or conspires to do so, shall be punished under subsection (c).
(b) Jurisdictional Bases. -
(1) Circumstances. - The circumstances referred to in
subsection (a) are -
(A) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
(B) the offense obstructs, delays, or affects interstate or
foreign commerce, or would have so obstructed, delayed, or
affected interstate or foreign commerce if the offense had been
consummated;
(C) the victim, or intended victim, is the United States
Government, a member of the uniformed services, or any
official, officer, employee, or agent of the legislative,
executive, or judicial branches, or of any department or
agency, of the United States;
(D) the structure, conveyance, or other real or personal
property is, in whole or in part, owned, possessed, or leased
to the United States, or any department or agency of the United
States;
(E) the offense is committed in the territorial sea
(including the airspace above and the seabed and subsoil below,
and artificial islands and fixed structures erected thereon) of
the United States; or
(F) the offense is committed within the special maritime and
territorial jurisdiction of the United States.
(2) Co-conspirators and accessories after the fact. -
Jurisdiction shall exist over all principals and co-conspirators
of an offense under this section, and accessories after the fact
to any offense under this section, if at least one of the
circumstances described in subparagraphs (A) through (F) of
paragraph (1) is applicable to at least one offender.
(c) Penalties. -
(1) Penalties. - Whoever violates this section shall be
punished -
(A) for a killing, or if death results to any person from any
other conduct prohibited by this section, by death, or by
imprisonment for any term of years or for life;
(B) for kidnapping, by imprisonment for any term of years or
for life;
(C) for maiming, by imprisonment for not more than 35 years;
(D) for assault with a dangerous weapon or assault resulting
in serious bodily injury, by imprisonment for not more than 30
years;
(E) for destroying or damaging any structure, conveyance, or
other real or personal property, by imprisonment for not more
than 25 years;
(F) for attempting or conspiring to commit an offense, for
any term of years up to the maximum punishment that would have
applied had the offense been completed; and
(G) for threatening to commit an offense under this section,
by imprisonment for not more than 10 years.
(2) Consecutive sentence. - Notwithstanding any other provision
of law, the court shall not place on probation any person
convicted of a violation of this section; nor shall the term of
imprisonment imposed under this section run concurrently with any
other term of imprisonment.
(d) Proof Requirements. - The following shall apply to
prosecutions under this section:
(1) Knowledge. - The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base alleged in
the indictment.
(2) State law. - In a prosecution under this section that is
based upon the adoption of State law, only the elements of the
offense under State law, and not any provisions pertaining to
criminal procedure or evidence, are adopted.
(e) Extraterritorial Jurisdiction. - There is extraterritorial
Federal jurisdiction -
(1) over any offense under subsection (a), including any
threat, attempt, or conspiracy to commit such offense; and
(2) over conduct which, under section 3, renders any person an
accessory after the fact to an offense under subsection (a).
(f) Investigative Authority. - In addition to any other
investigative authority with respect to violations of this title,
the Attorney General shall have primary investigative
responsibility for all Federal crimes of terrorism, and any
violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,
1366(b), 1366(c), 1751(e), 2152, or 2156 of this title, and the
Secretary of the Treasury shall assist the Attorney General at the
request of the Attorney General. Nothing in this section shall be
construed to interfere with the authority of the United States
Secret Service under section 3056.
(g) Definitions. - As used in this section -
(1) the term "conduct transcending national boundaries" means
conduct occurring outside of the United States in addition to the
conduct occurring in the United States;
(2) the term "facility of interstate or foreign commerce" has
the meaning given that term in section 1958(b)(2);
(3) the term "serious bodily injury" has the meaning given that
term in section 1365(g)(3); (!1)
(4) the term "territorial sea of the United States" means all
waters extending seaward to 12 nautical miles from the baselines
of the United States, determined in accordance with international
law; and
(5) the term "Federal crime of terrorism" means an offense that
-
(A) is calculated to influence or affect the conduct of
government by intimidation or coercion, or to retaliate against
government conduct; and
(B) is a violation of -
(i) section 32 (relating to destruction of aircraft or
aircraft facilities), 37 (relating to violence at
international airports), 81 (relating to arson within special
maritime and territorial jurisdiction), 175 or 175b (relating
to biological weapons), 229 (relating to chemical weapons),
subsection (a), (b), (c), or (d) of section 351 (relating to
congressional, cabinet, and Supreme Court assassination and
kidnaping), 831 (relating to nuclear materials), 842(m) or
(n) (relating to plastic explosives), 844(f)(2) or (3)
(relating to arson and bombing of Government property risking
or causing death), 844(i) (relating to arson and bombing of
property used in interstate commerce), 930(c) (relating to
killing or attempted killing during an attack on a Federal
facility with a dangerous weapon), 956(a)(1) (relating to
conspiracy to murder, kidnap, or maim persons abroad),
1030(a)(1) (relating to protection of computers),
1030(a)(5)(A)(i) resulting in damage as defined in
1030(a)(5)(B)(ii) through (v) (relating to protection of
computers), 1114 (relating to killing or attempted killing of
officers and employees of the United States), 1116 (relating
to murder or manslaughter of foreign officials, official
guests, or internationally protected persons), 1203 (relating
to hostage taking), 1362 (relating to destruction of
communication lines, stations, or systems), 1363 (relating to
injury to buildings or property within special maritime and
territorial jurisdiction of the United States), 1366(a)
(relating to destruction of an energy facility), 1751(a),
(b), (c), or (d) (relating to Presidential and Presidential
staff assassination and kidnaping), 1992 (relating to
wrecking trains), 1993 (relating to terrorist attacks and
other acts of violence against mass transportation systems),
2155 (relating to destruction of national defense materials,
premises, or utilities), 2280 (relating to violence against
maritime navigation), 2281 (relating to violence against
maritime fixed platforms), 2332 (relating to certain
homicides and other violence against United States nationals
occurring outside of the United States), 2332a (relating to
use of weapons of mass destruction), 2332b (relating to acts
of terrorism transcending national boundaries), 2332f
(relating to bombing of public places and facilities), 2339
(relating to harboring terrorists), 2339A (relating to
providing material support to terrorists), 2339B (relating to
providing material support to terrorist organizations), 2339C
(relating to financing of terrorism,(!2) or 2340A (relating
to torture) of this title;
(ii) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284); or
(iii) section 46502 (relating to aircraft piracy), the
second sentence of section 46504 (relating to assault on a
flight crew with a dangerous weapon), section 46505(b)(3) or
(c) (relating to explosive or incendiary devices, or
endangerment of human life by means of weapons, on aircraft),
section 46506 if homicide or attempted homicide is involved
(relating to application of certain criminal laws to acts on
aircraft), or section 60123(b) (relating to destruction of
interstate gas or hazardous liquid pipeline facility) of
title 49.
-SOURCE-
(Added Pub. L. 104-132, title VII, Sec. 702(a), Apr. 24, 1996, 110
Stat. 1291; amended Pub. L. 104-294, title VI, Sec. 601(s)(1), (3),
Oct. 11, 1996, 110 Stat. 3502; Pub. L. 107-56, title VIII, Sec.
808, Oct. 26, 2001, 115 Stat. 378; Pub. L. 107-197, title III, Sec.
301(b), June 25, 2002, 116 Stat. 728.)
-REFTEXT-
REFERENCES IN TEXT
Section 1365(g)(3), referred to in subsec. (g)(3), was
redesignated section 1365(h)(3) by Pub. L. 107-307, Sec. 2(1), Dec.
2, 2002, 116 Stat. 2445.
-MISC1-
AMENDMENTS
2002 - Subsec. (g)(5)(B)(i). Pub. L. 107-197 inserted "2332f
(relating to bombing of public places and facilities)," after
"2332b (relating to acts of terrorism transcending national
boundaries)," and "2339C (relating to financing of terrorism,"
after "2339B (relating to providing material support to terrorist
organizations),".
2001 - Subsec. (f). Pub. L. 107-56, Sec. 808(1), inserted "and
any violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,
1366(b), 1366(c), 1751(e), 2152, or 2156 of this title," before
"and the Secretary".
Subsec. (g)(5)(B)(i) to (iii). Pub. L. 107-56, Sec. 808(2), added
cls. (i) to (iii) and struck out former cls. (i) to (iii),
inserting references to sections 175b, 229, 1030, 1993, and 2339 of
this title and striking out references to 1361, 2152, 2156, 2332c
of this title in cl. (i) and inserting references to sections
46504, 46505, and 46506 of title 49 in cl. (iii).
1996 - Subsec. (b)(1)(A). Pub. L. 104-294, Sec. 601(s)(1), struck
out "any of the offenders uses" before "the mail or any facility"
and inserted "is used" after "foreign commerce".
Subsec. (g)(5)(B)(i). Pub. L. 104-294, Sec. 601(s)(3), inserted
"930(c)," before "956 (relating to conspiracy to injure property of
a foreign government)", "1992," before "2152 (relating to injury of
fortifications, harbor defenses, or defensive sea areas)", and
"2332c," before "2339A (relating to providing material support to
terrorists)".
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of the functions, personnel, assets, and obligations
of the United States Secret Service, including the functions of the
Secretary of the Treasury relating thereto, to the Secretary of
Homeland Security, and for treatment of related references, see
sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-EXEC-
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public
Lands.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 1961, 2339, 2339A,
2516, 3142, 3286, 3583 of this title; title 7 section 8401; title
20 sections 1232g, 9007, 9573; title 38 section 6105; title 42
sections 262a, 14135a.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) Comma probably should be preceded by a closing parenthesis.
-End-
-CITE-
18 USC Sec. 2332c 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
[Sec. 2332c. Repealed. Pub. L. 105-277, div. I, title II, Sec.
201(c)(1), Oct. 21, 1998, 112 Stat. 2681-871]
-MISC1-
Section, added Pub. L. 104-132, title V, Sec. 521(a), Apr. 24,
1996, 110 Stat. 1286, related to use of chemical weapons.
-End-
-CITE-
18 USC Sec. 2332d 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2332d. Financial transactions
-STATUTE-
(a) Offense. - Except as provided in regulations issued by the
Secretary of the Treasury, in consultation with the Secretary of
State, whoever, being a United States person, knowing or having
reasonable cause to know that a country is designated under section
6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405)
as a country supporting international terrorism, engages in a
financial transaction with the government of that country, shall be
fined under this title, imprisoned for not more than 10 years, or
both.
(b) Definitions. - As used in this section -
(1) the term "financial transaction" has the same meaning as in
section 1956(c)(4); and
(2) the term "United States person" means any -
(A) United States citizen or national;
(B) permanent resident alien;
(C) juridical person organized under the laws of the United
States; or
(D) any person in the United States.
-SOURCE-
(Added Pub. L. 104-132, title III, Sec. 321(a), Apr. 24, 1996, 110
Stat. 1254; amended Pub. L. 107-273, div. B, title IV, Sec.
4002(a)(5), Nov. 2, 2002, 116 Stat. 1806.)
-COD-
CODIFICATION
Another section 2332d was renumbered section 2332e of this title.
-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-273 inserted "of 1979" after
"Export Administration Act".
EFFECTIVE DATE
Section 321(c) of Pub. L. 104-132 provided that: "The amendments
made by this section [enacting this section] shall become effective
120 days after the date of enactment of this Act [Apr. 24, 1996]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2516 of this title.
-End-
-CITE-
18 USC Sec. 2332e 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2332e. Requests for military assistance to enforce prohibition
in certain emergencies
-STATUTE-
The Attorney General may request the Secretary of Defense to
provide assistance under section 382 of title 10 in support of
Department of Justice activities relating to the enforcement of
section 2332a of this title during an emergency situation involving
a weapon of mass destruction. The authority to make such a request
may be exercised by another official of the Department of Justice
in accordance with section 382(f)(2) of title 10.
-SOURCE-
(Added Pub. L. 104-201, title XIV, Sec. 1416(c)(2)(A), Sept. 23,
1996, 110 Stat. 2723, Sec. 2332d; renumbered Sec. 2332e, Pub. L.
104-294, title VI, Sec. 605(q), Oct. 11, 1996, 110 Stat. 3510;
amended Pub. L. 107-56, title I, Sec. 104, Oct. 26, 2001, 115 Stat.
277.)
-COD-
CODIFICATION
Pub. L. 104-201, Sec. 1416(c)(2)(A), which directed amendment of
the chapter 133B of this title that relates to terrorism by adding
this section, was executed by adding this section to this chapter
to reflect the probable intent of Congress. This title does not
contain a chapter 133B.
-MISC1-
AMENDMENTS
2001 - Pub. L. 107-56 substituted "2332a of this title" for
"2332c of this title" and struck out "chemical" before "weapon of".
1996 - Pub. L. 104-294 renumbered section 2332d of this title,
relating to requests for military assistance to enforce prohibition
in certain emergencies, as this section.
-End-
-CITE-
18 USC Sec. 2332f 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2332f. Bombings of places of public use, government
facilities, public transportation systems and infrastructure
facilities
-STATUTE-
(a) Offenses. -
(1) In general. - Whoever unlawfully delivers, places,
discharges, or detonates an explosive or other lethal device in,
into, or against a place of public use, a state or government
facility, a public transportation system, or an infrastructure
facility -
(A) with the intent to
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