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CITE

    18 USC Sec. 831                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 39 - EXPLOSIVES AND OTHER DANGEROUS ARTICLES

HEAD

    Sec. 831. Prohibited transactions involving nuclear materials

STATUTE

      (a) Whoever, if one of the circumstances described in subsection
    (c) of this section occurs -
        (1) without lawful authority, intentionally receives,
      possesses, uses, transfers, alters, disposes of, or disperses any
      nuclear material or nuclear byproduct material and -
          (A) thereby knowingly causes the death of or serious bodily
        injury to any person or substantial damage to property or to
        the environment; or
          (B) circumstances exist, or have been represented to the
        defendant to exist, that are likely to cause the death or
        serious bodily injury to any person, or substantial damage to
        property or to the environment;
        (2) with intent to deprive another of nuclear material or
      nuclear byproduct material, knowingly -
          (A) takes and carries away nuclear material or nuclear
        byproduct material of another without authority;
          (B) makes an unauthorized use, disposition, or transfer, of
        nuclear material or nuclear byproduct material belonging to
        another; or
          (C) uses fraud and thereby obtains nuclear material or
        nuclear byproduct material belonging to another;
        (3) knowingly -
          (A) uses force; or
          (B) threatens or places another in fear that any person other
        than the actor will imminently be subject to bodily injury;
      and thereby takes nuclear material or nuclear byproduct material
      belonging to another from the person or presence of any other;
        (4) intentionally intimidates any person and thereby obtains
      nuclear material or nuclear byproduct material belonging to
      another;
        (5) with intent to compel any person, international
      organization, or governmental entity to do or refrain from doing
      any act, knowingly threatens to engage in conduct described in
      paragraph (2)(A) or (3) of this subsection;
        (6) knowingly threatens to use nuclear material or nuclear
      byproduct material to cause death or serious bodily injury to any
      person or substantial damage to property or to the environment
      under circumstances in which the threat may reasonably be
      understood as an expression of serious purposes;
        (7) attempts to commit an offense under paragraph (1), (2),
      (3), or (4) of this subsection; or
        (8) is a party to a conspiracy of two or more persons to commit
      an offense under paragraph (1), (2), (3), or (4) of this
      subsection, if any of the parties intentionally engages in any
      conduct in furtherance of such offense;
    shall be punished as provided in subsection (b) of this section.
      (b) The punishment for an offense under -
        (1) paragraphs (1) through (7) of subsection (a) of this
      section is -
          (A) a fine under this title; and
          (B) imprisonment -
            (i) for any term of years or for life (I) if, while
          committing the offense, the offender knowingly causes the
          death of any person; or (II) if, while committing an offense
          under paragraph (1) or (3) of subsection (a) of this section,
          the offender, under circumstances manifesting extreme
          indifference to the life of an individual, knowingly engages
          in any conduct and thereby recklessly causes the death of or
          serious bodily injury to any person; and
            (ii) for not more than 20 years in any other case; and
        (2) paragraph (8) of subsection (a) of this section is -
          (A) a fine under this title; and
          (B) imprisonment -
            (i) for not more than 20 years if the offense which is the
          object of the conspiracy is punishable under paragraph
          (1)(B)(i); and
            (ii) for not more than 10 years in any other case.
      (c) The circumstances referred to in subsection (a) of this
    section are that -
        (1) the offense is committed in the United States or the
      special maritime and territorial jurisdiction of the United
      States, or the special aircraft jurisdiction of the United States
      (as defined in section 46501 of title 49);
        (2) an offender or a victim is -
          (A) a national of the United States; or
          (B) a United States corporation or other legal entity;
        (3) after the conduct required for the offense occurs the
      defendant is found in the United States, even if the conduct
      required for the offense occurs outside the United States;
        (4) the conduct required for the offense occurs with respect to
      the carriage of a consignment of nuclear material or nuclear
      byproduct material by any means of transportation intended to go
      beyond the territory of the state where the shipment originates
      beginning with the departure from a facility of the shipper in
      that state and ending with the arrival at a facility of the
      receiver within the state of ultimate destination and either of
      such states is the United States; or
        (5) either -
          (A) the governmental entity under subsection (a)(5) is the
        United States; or
          (B) the threat under subsection (a)(6) is directed at the
        United States.
      (d) The Attorney General may request assistance from the
    Secretary of Defense under chapter 18 of title 10 in the
    enforcement of this section and the Secretary of Defense may
    provide such assistance in accordance with chapter 18 of title 10,
    except that the Secretary of Defense may provide such assistance
    through any Department of Defense personnel.
      (e)(1) The Attorney General may also request assistance from the
    Secretary of Defense under this subsection in the enforcement of
    this section. Notwithstanding section 1385 of this title, the
    Secretary of Defense may, in accordance with other applicable law,
    provide such assistance to the Attorney General if -
        (A) an emergency situation exists (as jointly determined by the
      Attorney General and the Secretary of Defense in their
      discretion); and
        (B) the provision of such assistance will not adversely affect
      the military preparedness of the United States (as determined by
      the Secretary of Defense in such Secretary's discretion).
      (2) As used in this subsection, the term "emergency situation"
    means a circumstance -
        (A) that poses a serious threat to the interests of the United
      States; and
        (B) in which -
          (i) enforcement of the law would be seriously impaired if the
        assistance were not provided; and
          (ii) civilian law enforcement personnel are not capable of
        enforcing the law.
      (3) Assistance under this section may include -
        (A) use of personnel of the Department of Defense to arrest
      persons and conduct searches and seizures with respect to
      violations of this section; and
        (B) such other activity as is incidental to the enforcement of
      this section, or to the protection of persons or property from
      conduct that violates this section.
      (4) The Secretary of Defense may require reimbursement as a
    condition of assistance under this section.
      (5) The Attorney General may delegate the Attorney General's
    function under this subsection only to a Deputy, Associate, or
    Assistant Attorney General.
      (f) As used in this section -
        (1) the term "nuclear material" means material containing any -
          (A) plutonium;
          (B) uranium not in the form of ore or ore residue that
        contains the mixture of isotopes as occurring in nature;
          (C) enriched uranium, defined as uranium that contains the
        isotope 233 or 235 or both in such amount that the abundance
        ratio of the sum of those isotopes to the isotope 238 is
        greater than the ratio of the isotope 235 to the isotope 238
        occurring in nature; or
          (D) uranium 233;
        (2) the term "nuclear byproduct material" means any material
      containing any radioactive isotope created through an irradiation
      process in the operation of a nuclear reactor or accelerator;
        (3) the term "international organization" means a public
      international organization designated as such pursuant to section
      1 of the International Organizations Immunities Act (22 U.S.C.
      288) or a public organization created pursuant to treaty or other
      agreement under international law as an instrument through or by
      which two or more foreign governments engage in some aspect of
      their conduct of international affairs;
        (4) 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;
        (5) the term "bodily injury" means -
          (A) a cut, abrasion, bruise, burn, or disfigurement;
          (B) physical pain;
          (C) illness;
          (D) impairment of a function of a bodily member, organ, or
        mental faculty; or
          (E) any other injury to the body, no matter how temporary;
        (6) the term "national of the United States" has the same
      meaning as in section 101(a)(22) of the Immigration and
      Nationality Act (8 U.S.C. 1101(a)(22)); and
        (7) the term "United States corporation or other legal entity"
      means any corporation or other entity organized under the laws of
      the United States or any State, Commonwealth, territory,
      possession, or district of the United States.

SOURCE

    (Added Pub. L. 97-351, Sec. 2(a), Oct. 18, 1982, 96 Stat. 1663;
    amended Pub. L. 100-690, title VII, Sec. 7022, Nov. 18, 1988, 102
    Stat. 4397; Pub. L. 103-272, Sec. 5(e)(6), July 5, 1994, 108 Stat.
    1374; Pub. L. 103-322, title XXXIII, Sec. 330016(2)(C), Sept. 13,
    1994, 108 Stat. 2148; Pub. L. 104-132, title V, Sec. 502, Apr. 24,
    1996, 110 Stat. 1282.)

PRIOR PROVISIONS

      A prior section 831, acts June 25, 1948, ch. 645, 62 Stat. 738;
    Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 808; July 27, 1965, Pub. L.
    89-95, 79 Stat. 285; Oct. 17, 1978, Pub. L. 95-473; Sec.
    2(a)(1)(A), 92 Stat. 1464, defined terms used in this chapter,
    prior to repeal by Pub. L. 96-129, title II, Sec. 216(b), Nov. 30,
    1979, 93 Stat. 1015. For savings provisions regarding former
    section 831, see section 218 of Pub. L. 96-129, set out as a note
    under former sections 832 to 835 of this title.
                                AMENDMENTS
      1996 - Subsec. (a). Pub. L. 104-132, Sec. 502(1)(A), substituted
    "nuclear material or nuclear byproduct material" for "nuclear
    material" wherever appearing.
      Subsec. (a)(1)(A). Pub. L. 104-132, Sec. 502(1)(B)(i), inserted
    "or to the environment" after "damage to property".
      Subsec. (a)(1)(B). Pub. L. 104-132, Sec. 502(1)(B)(ii), amended
    subpar. (B) generally. Prior to amendment, subpar. (B) read as
    follows: "knows that circumstances exist which are likely to cause
    the death of or serious bodily injury to any person or substantial
    damage to property;".
      Subsec. (a)(6). Pub. L. 104-132, Sec. 502(1)(C), inserted "or to
    the environment" after "damage to property".
      Subsec. (c)(2). Pub. L. 104-132, Sec. 502(2)(A), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "the
    defendant is a national of the United States, as defined in section
    101 of the Immigration and Nationality Act (8 U.S.C. 1101);".
      Subsec. (c)(3). Pub. L. 104-132, Sec. 502(2)(B), struck out "at
    the time of the offense the nuclear material is in use, storage, or
    transport, for peaceful purposes, and" before "after the conduct"
    and struck out "or" at end.
      Subsec. (c)(4). Pub. L. 104-132, Sec. 502(2)(C), substituted
    "nuclear material or nuclear byproduct material" for "nuclear
    material for peaceful purposes" and "; or" for period at end.
      Subsec. (c)(5). Pub. L. 104-132, Sec. 502(2)(D), added par. (5).
      Subsec. (f)(1)(A). Pub. L. 104-132, Sec. 502(3)(A)(i), struck out
    "with an isotopic concentration not in excess of 80 percent
    plutonium 238" after "plutonium".
      Subsec. (f)(1)(C). Pub. L. 104-132, Sec. 502(3)(A)(ii),
    substituted "enriched uranium, defined as uranium" for "uranium".
      Subsec. (f)(2) to (7). Pub. L. 104-132, Sec. 502(3)(B)-(F), added
    par. (2), redesignated former pars. (2) to (4) as (3) to (5),
    respectively, and added pars. (6) and (7).
      1994 - Subsec. (b)(1)(A), (2)(A). Pub. L. 103-322 substituted
    "fined under this title" for "fine of not more than $250,000".
      Subsec. (c)(1). Pub. L. 103-272 substituted "section 46501 of
    title 49" for "section 101 of the Federal Aviation Act of 1958 (49
    U.S.C. 1301)".
      1988 - Subsec. (e)(2) to (6). Pub. L. 100-690 redesignated pars.
    (3) to (6) as (2) to (5), respectively.
                       SHORT TITLE OF 1982 AMENDMENT
      Section 1 of Pub. L. 97-351 provided that: "This Act [enacting
    this section and amending section 1116 of this title] may be cited
    as the 'Convention on the Physical Protection of Nuclear Material
    Implementation Act of 1982'."
      FINDINGS AND PURPOSE OF TITLE V OF PUB. L. 104-132 RELATING TO
                             NUCLEAR MATERIALS
      Section 501 of title V of Pub. L. 104-132 provided that:
      "(a) Findings. - The Congress finds that -
        "(1) nuclear materials, including byproduct materials, can be
      used to create radioactive dispersal devices that are capable of
      causing serious bodily injury as well as substantial damage to
      property and to the environment;
        "(2) the potential use of nuclear materials, including
      byproduct materials, enhances the threat posed by terrorist
      activities and thereby has a greater effect on the security
      interests of the United States;
        "(3) due to the widespread hazards presented by the threat of
      nuclear contamination, as well as nuclear bombs, the United
      States has a strong interest in ensuring that persons who are
      engaged in the illegal acquisition and use of nuclear materials,
      including byproduct materials, are prosecuted for their offenses;
        "(4) the threat that nuclear materials will be obtained and
      used by terrorist and other criminal organizations has increased
      substantially since the enactment in 1982 of the legislation that
      implemented the Convention on the Physical Protection of Nuclear
      Material, codified at section 831 of title 18, United States
      Code;
        "(5) the successful efforts to obtain agreements from other
      countries to dismantle nuclear weapons have resulted in increased
      packaging and transportation of nuclear materials, thereby
      decreasing the security of such materials by increasing the
      opportunity for unlawful diversion and theft;
        "(6) the trafficking in the relatively more common,
      commercially available, and usable nuclear and byproduct
      materials creates the potential for significant loss of life and
      environmental damage;
        "(7) report trafficking incidents in the early 1990's suggest
      that the individuals involved in trafficking in these materials
      from Eurasia and Eastern Europe frequently conducted their black
      market sales of these materials within the Federal Republic of
      Germany, the Baltic States, the former Soviet Union, Central
      Europe, and to a lesser extent in the Middle European countries;
        "(8) the international community has become increasingly
      concerned over the illegal possession of nuclear and nuclear
      byproduct materials;
        "(9) the potentially disastrous ramifications of increased
      access to nuclear and nuclear byproduct materials pose such a
      significant threat that the United States must use all lawful
      methods available to combat the illegal use of such materials;
        "(10) the United States has an interest in encouraging United
      States corporations to do business in the countries that
      comprised the former Soviet Union, and in other developing
      democracies;
        "(11) protection of such United States corporations from
      threats created by the unlawful use of nuclear materials is
      important to the success of the effort to encourage business
      ventures in these countries, and to further the foreign relations
      and commerce of the United States;
        "(12) the nature of nuclear contamination is such that it may
      affect the health, environment, and property of United States
      nationals even if the acts that constitute the illegal activity
      occur outside the territory of the United States, and are
      primarily directed toward foreign nationals; and
        "(13) there is presently no Federal criminal statute that
      provides adequate protection to United States interests from
      nonweapons grade, yet hazardous radioactive material, and from
      the illegal diversion of nuclear materials that are held for
      other than peaceful purposes.
      "(b) Purpose. - The purpose of this title [enacting section 2332c
    of this title, amending this section and sections 175, 177, 178,
    and 2332a of this title, and enacting provisions set out as notes
    under section 262 of Title 42, The Public Health and Welfare, and
    section 1522 of Title 50, War and National Defense] is to provide
    Federal law enforcement agencies with the necessary means and the
    maximum authority permissible under the Constitution to combat the
    threat of nuclear contamination and proliferation that may result
    from the illegal possession and use of radioactive materials."
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