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Online Attorney
cause death or serious bodily injury,
or
(B) with the intent to cause extensive destruction of such a
place, facility, or system, where such destruction results in
or is likely to result in major economic loss,
shall be punished as prescribed in subsection (c).
(2) Attempts and conspiracies. - Whoever attempts or conspires
to commit an offense under paragraph (1) shall be punished as
prescribed in subsection (c).
(b) Jurisdiction. - There is jurisdiction over the offenses in
subsection (a) if -
(1) the offense takes place in the United States and -
(A) the offense is committed against another state or a
government facility of such state, including its embassy or
other diplomatic or consular premises of that state;
(B) the offense is committed in an attempt to compel another
state or the United States to do or abstain from doing any act;
(C) at the time the offense is committed, it is committed -
(i) on board a vessel flying the flag of another state;
(ii) on board an aircraft which is registered under the
laws of another state; or
(iii) on board an aircraft which is operated by the
government of another state;
(D) a perpetrator is found outside the United States;
(E) a perpetrator is a national of another state or a
stateless person; or
(F) a victim is a national of another state or a stateless
person;
(2) the offense takes place outside the United States and -
(A) a perpetrator is a national of the United States or is a
stateless person whose habitual residence is in the United
States;
(B) a victim is a national of the United States;
(C) a perpetrator is found in the United States;
(D) the offense is committed in an attempt to compel the
United States to do or abstain from doing any act;
(E) the offense is committed against a state or government
facility of the United States, including an embassy or other
diplomatic or consular premises of the United States;
(F) the offense is committed on board a vessel flying the
flag of the United States or an aircraft which is registered
under the laws of the United States at the time the offense is
committed; or
(G) the offense is committed on board an aircraft which is
operated by the United States.
(c) Penalties. - Whoever violates this section shall be punished
as provided under section 2332a(a) of this title.
(d) Exemptions to Jurisdiction. - This section does not apply to
-
(1) the activities of armed forces during an armed conflict, as
those terms are understood under the law of war, which are
governed by that law,
(2) activities undertaken by military forces of a state in the
exercise of their official duties; or
(3) offenses committed within the United States, where the
alleged offender and the victims are United States citizens and
the alleged offender is found in the United States, or where
jurisdiction is predicated solely on the nationality of the
victims or the alleged offender and the offense has no
substantial effect on interstate or foreign commerce.
(e) Definitions. - As used in this section, the term -
(1) "serious bodily injury" has the meaning given that term in
section 1365(g)(3) of this title; (!1)
(2) "national of the United States" has the meaning given that
term in section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22));
(3) "state or government facility" includes any permanent or
temporary facility or conveyance that is used or occupied by
representatives of a state, members of Government, the
legislature or the judiciary or by officials or employees of a
state or any other public authority or entity or by employees or
officials of an intergovernmental organization in connection with
their official duties;
(4) "intergovernmental organization" includes international
organization (as defined in section 1116(b)(5) of this title);
(5) "infrastructure facility" means any publicly or privately
owned facility providing or distributing services for the benefit
of the public, such as water, sewage, energy, fuel, or
communications;
(6) "place of public use" means those parts of any building,
land, street, waterway, or other location that are accessible or
open to members of the public, whether continuously,
periodically, or occasionally, and encompasses any commercial,
business, cultural, historical, educational, religious,
governmental, entertainment, recreational, or similar place that
is so accessible or open to the public;
(7) "public transportation system" means all facilities,
conveyances, and instrumentalities, whether publicly or privately
owned, that are used in or for publicly available services for
the transportation of persons or cargo;
(8) "explosive" has the meaning given in section 844(j) of this
title insofar that it is designed, or has the capability, to
cause death, serious bodily injury, or substantial material
damage;
(9) "other lethal device" means any weapon or device that is
designed or has the capability to cause death, serious bodily
injury, or substantial damage to property through the release,
dissemination, or impact of toxic chemicals, biological agents,
or toxins (as those terms are defined in section 178 of this
title) or radiation or radioactive material;
(10) "military forces of a state" means the armed forces of a
state which are organized, trained, and equipped under its
internal law for the primary purpose of national defense or
security, and persons acting in support of those armed forces who
are under their formal command, control, and responsibility;
(11) "armed conflict" does not include internal disturbances
and tensions, such as riots, isolated and sporadic acts of
violence, and other acts of a similar nature; and
(12) "state" has the same meaning as that term has under
international law, and includes all political subdivisions
thereof.
-SOURCE-
(Added Pub. L. 107-197, title I, Sec. 102(a), June 25, 2002, 116
Stat. 721.)
-REFTEXT-
REFERENCES IN TEXT
Section 1365(g)(3), referred to in subsec. (e)(1), was
redesignated section 1365(h)(3) by Pub. L. 107-307, Sec. 2(1), Dec.
2, 2002, 116 Stat. 2445.
-MISC1-
EFFECTIVE DATE
Pub. L. 107-197, title I, Sec. 103, June 25, 2002, 116 Stat. 724,
provided that: "Section 102 [enacting this section and provisions
set out as a note below] shall take effect on the date that the
International Convention for the Suppression of Terrorist Bombings
enters into force for the United States [July 26, 2002]."
DISCLAIMER
Pub. L. 107-197, title I, Sec. 102(c), June 25, 2002, 116 Stat.
724, provided that: "Nothing contained in this section [enacting
this section and provisions set out as a note above] is intended to
affect the applicability of any other Federal or State law which
might pertain to the underlying conduct."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2332b, 2339A, 2516 of
this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
18 USC Sec. 2333 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2333. Civil remedies
-STATUTE-
(a) Action and Jurisdiction. - Any national of the United States
injured in his or her person, property, or business by reason of an
act of international terrorism, or his or her estate, survivors, or
heirs, may sue therefor in any appropriate district court of the
United States and shall recover threefold the damages he or she
sustains and the cost of the suit, including attorney's fees.
(b) Estoppel Under United States Law. - A final judgment or
decree rendered in favor of the United States in any criminal
proceeding under section 1116, 1201, 1203, or 2332 of this title or
section 46314, 46502, 46505, or 46506 of title 49 shall estop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding under this section.
(c) Estoppel Under Foreign Law. - A final judgment or decree
rendered in favor of any foreign state in any criminal proceeding
shall, to the extent that such judgment or decree may be accorded
full faith and credit under the law of the United States, estop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding under this section.
-SOURCE-
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,
106 Stat. 4522; amended Pub. L. 103-429, Sec. 2(1), Oct. 31, 1994,
108 Stat. 4377.)
-MISC1-
AMENDMENTS
1994 - Subsec. (b). Pub. L. 103-429 substituted "section 46314,
46502, 46505, or 46506 of title 49" for "section 902(i), (k), (l),
(n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1472(i), (k), (l), (n), or (r))".
EFFECTIVE DATE
Section applicable to any pending case or any cause of action
arising on or after 4 years before Oct. 29, 1992, see section
1003(c) of Pub. L. 102-572, set out as a note under section 2331 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2334, 2335, 2336, 2337 of
this title.
-End-
-CITE-
18 USC Sec. 2334 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2334. Jurisdiction and venue
-STATUTE-
(a) General Venue. - Any civil action under section 2333 of this
title against any person may be instituted in the district court of
the United States for any district where any plaintiff resides or
where any defendant resides or is served, or has an agent. Process
in such a civil action may be served in any district where the
defendant resides, is found, or has an agent.
(b) Special Maritime or Territorial Jurisdiction. - If the
actions giving rise to the claim occurred within the special
maritime and territorial jurisdiction of the United States, as
defined in section 7 of this title, then any civil action under
section 2333 of this title against any person may be instituted in
the district court of the United States for any district in which
any plaintiff resides or the defendant resides, is served, or has
an agent.
(c) Service on Witnesses. - A witness in a civil action brought
under section 2333 of this title may be served in any other
district where the defendant resides, is found, or has an agent.
(d) Convenience of the Forum. - The district court shall not
dismiss any action brought under section 2333 of this title on the
grounds of the inconvenience or inappropriateness of the forum
chosen, unless -
(1) the action may be maintained in a foreign court that has
jurisdiction over the subject matter and over all the defendants;
(2) that foreign court is significantly more convenient and
appropriate; and
(3) that foreign court offers a remedy which is substantially
the same as the one available in the courts of the United States.
-SOURCE-
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,
106 Stat. 4522.)
-MISC1-
EFFECTIVE DATE
Section applicable to any pending case or any cause of action
arising on or after 4 years before Oct. 29, 1992, see section
1003(c) of Pub. L. 102-572, set out as a note under section 2331 of
this title.
-End-
-CITE-
18 USC Sec. 2335 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2335. Limitation of actions
-STATUTE-
(a) In General. - Subject to subsection (b), a suit for recovery
of damages under section 2333 of this title shall not be maintained
unless commenced within 4 years after the date the cause of action
accrued.
(b) Calculation of Period. - The time of the absence of the
defendant from the United States or from any jurisdiction in which
the same or a similar action arising from the same facts may be
maintained by the plaintiff, or of any concealment of the
defendant's whereabouts, shall not be included in the 4-year period
set forth in subsection (a).
-SOURCE-
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,
106 Stat. 4523.)
-MISC1-
EFFECTIVE DATE
Section applicable to any pending case or any cause of action
arising on or after 4 years before Oct. 29, 1992, see section
1003(c) of Pub. L. 102-572, set out as a note under section 2331 of
this title.
-End-
-CITE-
18 USC Sec. 2336 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2336. Other limitations
-STATUTE-
(a) Acts of War. - No action shall be maintained under section
2333 of this title for injury or loss by reason of an act of war.
(b) Limitation on Discovery. - If a party to an action under
section 2333 seeks to discover the investigative files of the
Department of Justice, the Assistant Attorney General, Deputy
Attorney General, or Attorney General may object on the ground that
compliance will interfere with a criminal investigation or
prosecution of the incident, or a national security operation
related to the incident, which is the subject of the civil
litigation. The court shall evaluate any such objections in camera
and shall stay the discovery if the court finds that granting the
discovery request will substantially interfere with a criminal
investigation or prosecution of the incident or a national security
operation related to the incident. The court shall consider the
likelihood of criminal prosecution by the Government and other
factors it deems to be appropriate. A stay of discovery under this
subsection shall constitute a bar to the granting of a motion to
dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil
Procedure. If the court grants a stay of discovery under this
subsection, it may stay the action in the interests of justice.
(c) Stay of Action for Civil Remedies. - (1) The Attorney General
may intervene in any civil action brought under section 2333 for
the purpose of seeking a stay of the civil action. A stay shall be
granted if the court finds that the continuation of the civil
action will substantially interfere with a criminal prosecution
which involves the same subject matter and in which an indictment
has been returned, or interfere with national security operations
related to the terrorist incident that is the subject of the civil
action. A stay may be granted for up to 6 months. The Attorney
General may petition the court for an extension of the stay for
additional 6-month periods until the criminal prosecution is
completed or dismissed.
(2) In a proceeding under this subsection, the Attorney General
may request that any order issued by the court for release to the
parties and the public omit any reference to the basis on which the
stay was sought.
-SOURCE-
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,
106 Stat. 4523.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec. (b),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
-MISC1-
EFFECTIVE DATE
Section applicable to any pending case or any cause of action
arising on or after 4 years before Oct. 29, 1992, see section
1003(c) of Pub. L. 102-572, set out as a note under section 2331 of
this title.
-End-
-CITE-
18 USC Sec. 2337 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2337. Suits against Government officials
-STATUTE-
No action shall be maintained under section 2333 of this title
against -
(1) the United States, an agency of the United States, or an
officer or employee of the United States or any agency thereof
acting within his or her official capacity or under color of
legal authority; or
(2) a foreign state, an agency of a foreign state, or an
officer or employee of a foreign state or an agency thereof
acting within his or her official capacity or under color of
legal authority.
-SOURCE-
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,
106 Stat. 4523.)
-MISC1-
EFFECTIVE DATE
Section applicable to any pending case or any cause of action
arising on or after 4 years before Oct. 29, 1992, see section
1003(c) of Pub. L. 102-572, set out as a note under section 2331 of
this title.
-End-
-CITE-
18 USC Sec. 2338 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2338. Exclusive Federal jurisdiction
-STATUTE-
The district courts of the United States shall have exclusive
jurisdiction over an action brought under this chapter.
-SOURCE-
(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,
106 Stat. 4524.)
-MISC1-
EFFECTIVE DATE
Section applicable to any pending case or any cause of action
arising on or after 4 years before Oct. 29, 1992, see section
1003(c) of Pub. L. 102-572, set out as a note under section 2331 of
this title.
-End-
-CITE-
18 USC Sec. 2339 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
-HEAD-
Sec. 2339. Harboring or concealing terrorists
-STATUTE-
(a) Whoever harbors or conceals any person who he knows, or has
reasonable grounds to believe, has committed, or is about to
commit, an offense under section 32 (relating to destruction of
aircraft or aircraft facilities), section 175 (relating to
biological weapons), section 229 (relating to chemical weapons),
section 831 (relating to nuclear materials), paragraph (2) or (3)
of section 844(f) (rela
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