All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
2 Prosecutions
in April 2014
32 Prosecutions
in Fiscal Year 2014
5 Convictions
in April 2014
42 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 842                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
                  EXPLOSIVE MATERIALS

HEAD

    Sec. 842. Unlawful acts

STATUTE

      (a) It shall be unlawful for any person -
        (1) to engage in the business of importing, manufacturing, or
      dealing in explosive materials without a license issued under
      this chapter;
        (2) knowingly to withhold information or to make any false or
      fictitious oral or written statement or to furnish or exhibit any
      false, fictitious, or misrepresented identification, intended or
      likely to deceive for the purpose of obtaining explosive
      materials, or a license, permit, exemption, or relief from
      disability under the provisions of this chapter;
        (3) other than a licensee or permittee knowingly -
          (A) to transport, ship, cause to be transported, or receive
        any explosive materials; or
          (B) to distribute explosive materials to any person other
        than a licensee or permittee; or
        (4) who is a holder of a limited permit -
          (A) to transport, ship, cause to be transported, or receive
        in interstate or foreign commerce any explosive materials; or
          (B) to receive explosive materials from a licensee or
        permittee, whose premises are located outside the State of
        residence of the limited permit holder, or on more than 6
        separate occasions, during the period of the permit, to receive
        explosive materials from 1 or more licensees or permittees
        whose premises are located within the State of residence of the
        limited permit holder.
      (b) It shall be unlawful for any licensee or permittee to
    knowingly distribute any explosive materials to any person other
    than -
        (1) a licensee;
        (2) a holder of a user permit; or
        (3) a holder of a limited permit who is a resident of the State
      where distribution is made and in which the premises of the
      transferor are located.
      (c) It shall be unlawful for any licensee to distribute explosive
    materials to any person who the licensee has reason to believe
    intends to transport such explosive materials into a State where
    the purchase, possession, or use of explosive materials is
    prohibited or which does not permit its residents to transport or
    ship explosive materials into it or to receive explosive materials
    in it.
      (d) It shall be unlawful for any person knowingly to distribute
    explosive materials to any individual who:
        (1) is under twenty-one years of age;
        (2) has been convicted in any court of a crime punishable by
      imprisonment for a term exceeding one year;
        (3) is under indictment for a crime punishable by imprisonment
      for a term exceeding one year;
        (4) is a fugitive from justice;
        (5) is an unlawful user of or addicted to any controlled
      substance (as defined in section 102 of the Controlled Substances
      Act (21 U.S.C. 802));
        (6) has been adjudicated a mental defective or who has been
      committed to a mental institution;
        (7) is an alien, other than an alien who -
          (A) is lawfully admitted for permanent residence (as defined
        in section 101(a)(20) of the Immigration and Nationality Act);
          (B) is in lawful nonimmigrant status, is a refugee admitted
        under section 207 of the Immigration and Nationality Act (8
        U.S.C. 1157), or is in asylum status under section 208 of the
        Immigration and Nationality Act (8 U.S.C. 1158), and -
            (i) is a foreign law enforcement officer of a friendly
          foreign government, as determined by the Secretary (!1) in
          consultation with the Secretary of State, entering the United
          States on official law enforcement business, and the
          shipping, transporting, possession, or receipt of explosive
          materials is in furtherance of this official law enforcement
          business; or
            (ii) is a person having the power to direct or cause the
          direction of the management and policies of a corporation,
          partnership, or association licensed pursuant to section
          843(a), and the shipping, transporting, possession, or
          receipt of explosive materials is in furtherance of such
          power;
          (C) is a member of a North Atlantic Treaty Organization
        (NATO) or other friendly foreign military force, as determined
        by the Attorney General in consultation with the Secretary of
        Defense, who is present in the United States under military
        orders for training or other military purpose authorized by the
        United States and the shipping, transporting, possession, or
        receipt of explosive materials is in furtherance of the
        authorized military purpose; or
          (D) is lawfully present in the United States in cooperation
        with the Director of Central Intelligence, and the shipment,
        transportation, receipt, or possession of the explosive
        materials is in furtherance of such cooperation;
        (8) has been discharged from the armed forces under
      dishonorable conditions; (!2)
        (9) having been a citizen of the United States, has renounced
      the citizenship of that person.
      (e) It shall be unlawful for any licensee knowingly to distribute
    any explosive materials to any person in any State where the
    purchase, possession, or use by such person of such explosive
    materials would be in violation of any State law or any published
    ordinance applicable at the place of distribution.
      (f) It shall be unlawful for any licensee or permittee willfully
    to manufacture, import, purchase, distribute, or receive explosive
    materials without making such records as the Attorney General may
    by regulation require, including, but not limited to, a statement
    of intended use, the name, date, place of birth, social security
    number or taxpayer identification number, and place of residence of
    any natural person to whom explosive materials are distributed. If
    explosive materials are distributed to a corporation or other
    business entity, such records shall include the identity and
    principal and local places of business and the name, date, place of
    birth, and place of residence of the natural person acting as agent
    of the corporation or other business entity in arranging the
    distribution.
      (g) It shall be unlawful for any licensee or permittee knowingly
    to make any false entry in any record which he is required to keep
    pursuant to this section or regulations promulgated under section
    847 of this title.
      (h) It shall be unlawful for any person to receive, possess,
    transport, ship, conceal, store, barter, sell, dispose of, or
    pledge or accept as security for a loan, any stolen explosive
    materials which are moving as, which are part of, which constitute,
    or which have been shipped or transported in, interstate or foreign
    commerce, either before or after such materials were stolen,
    knowing or having reasonable cause to believe that the explosive
    materials were stolen.
      (i) It shall be unlawful for any person -
        (1) who is under indictment for, or who has been convicted in
      any court of, a crime punishable by imprisonment for a term
      exceeding one year;
        (2) who is a fugitive from justice;
        (3) who is an unlawful user of or addicted to any controlled
      substance (as defined in section 102 of the Controlled Substances
      Act (21 U.S.C. 802));
        (4) who has been adjudicated as a mental defective or who has
      been committed to a mental institution;
        (5) who is an alien, other than an alien who -
          (A) is lawfully admitted for permanent residence (as that
        term is defined in section 101(a)(20) of the Immigration and
        Nationality Act);
          (B) is in lawful nonimmigrant status, is a refugee admitted
        under section 207 of the Immigration and Nationality Act (8
        U.S.C. 1157), or is in asylum status under section 208 of the
        Immigration and Nationality Act (8 U.S.C. 1158), and -
            (i) is a foreign law enforcement officer of a friendly
          foreign government, as determined by the Secretary (!1) in
          consultation with the Secretary of State, entering the United
          States on official law enforcement business, and the
          shipping, transporting, possession, or receipt of explosive
          materials is in furtherance of this official law enforcement
          business; or
            (ii) is a person having the power to direct or cause the
          direction of the management and policies of a corporation,
          partnership, or association licensed pursuant to section
          843(a), and the shipping, transporting, possession, or
          receipt of explosive materials is in furtherance of such
          power;
          (C) is a member of a North Atlantic Treaty Organization
        (NATO) or other friendly foreign military force, as determined
        by the Attorney General in consultation with the Secretary of
        Defense, who is present in the United States under military
        orders for training or other military purpose authorized by the
        United States and the shipping, transporting, possession, or
        receipt of explosive materials is in furtherance of the
        authorized military purpose; or
          (D) is lawfully present in the United States in cooperation
        with the Director of Central Intelligence, and the shipment,
        transportation, receipt, or possession of the explosive
        materials is in furtherance of such cooperation;
        (6) who has been discharged from the armed forces under
      dishonorable conditions; (!2)
        (7) who, having been a citizen of the United States, has
      renounced the citizenship of that person (!3)
    to ship or transport any explosive in or affecting interstate or
    foreign commerce or to receive or possess any explosive which has
    been shipped or transported in or affecting interstate or foreign
    commerce.
      (j) It shall be unlawful for any person to store any explosive
    material in a manner not in conformity with regulations promulgated
    by the Attorney General. In promulgating such regulations, the
    Attorney General shall take into consideration the class, type, and
    quantity of explosive materials to be stored, as well as the
    standards of safety and security recognized in the explosives
    industry.
      (k) It shall be unlawful for any person who has knowledge of the
    theft or loss of any explosive materials from his stock, to fail to
    report such theft or loss within twenty-four hours of discovery
    thereof, to the Attorney General and to appropriate local
    authorities.
      (l) It shall be unlawful for any person to manufacture any
    plastic explosive that does not contain a detection agent.
      (m)(1) It shall be unlawful for any person to import or bring
    into the United States, or export from the United States, any
    plastic explosive that does not contain a detection agent.
      (2) This subsection does not apply to the importation or bringing
    into the United States, or the exportation from the United States,
    of any plastic explosive that was imported or brought into, or
    manufactured in the United States prior to the date of enactment of
    this subsection by or on behalf of any agency of the United States
    performing military or police functions (including any military
    reserve component) or by or on behalf of the National Guard of any
    State, not later than 15 years after the date of entry into force
    of the Convention on the Marking of Plastic Explosives, with
    respect to the United States.
      (n)(1) It shall be unlawful for any person to ship, transport,
    transfer, receive, or possess any plastic explosive that does not
    contain a detection agent.
      (2) This subsection does not apply to -
        (A) the shipment, transportation, transfer, receipt, or
      possession of any plastic explosive that was imported or brought
      into, or manufactured in the United States prior to the date of
      enactment of this subsection by any person during the period
      beginning on that date and ending 3 years after that date of
      enactment; or
        (B) the shipment, transportation, transfer, receipt, or
      possession of any plastic explosive that was imported or brought
      into, or manufactured in the United States prior to the date of
      enactment of this subsection by or on behalf of any agency of the
      United States performing a military or police function (including
      any military reserve component) or by or on behalf of the
      National Guard of any State, not later than 15 years after the
      date of entry into force of the Convention on the Marking of
      Plastic Explosives, with respect to the United States.
      (o) It shall be unlawful for any person, other than an agency of
    the United States (including any military reserve component) or the
    National Guard of any State, possessing any plastic explosive on
    the date of enactment of this subsection, to fail to report to the
    Attorney General within 120 days after such date of enactment the
    quantity of such explosives possessed, the manufacturer or
    importer, any marks of identification on such explosives, and such
    other information as the Attorney General may prescribe by
    regulation.
      (p) Distribution of Information Relating to Explosives,
    Destructive Devices, and Weapons of Mass Destruction. -
        (1) Definitions. - In this subsection -
          (A) the term "destructive device" has the same meaning as in
        section 921(a)(4);
          (B) the term "explosive" has the same meaning as in section
        844(j); and
          (C) the term "weapon of mass destruction" has the same
        meaning as in section 2332a(c)(2).
        (2) Prohibition. - It shall be unlawful for any person -
          (A) to teach or demonstrate the making or use of an
        explosive, a destructive device, or a weapon of mass
        destruction, or to distribute by any means information
        pertaining to, in whole or in part, the manufacture or use of
        an explosive, destructive device, or weapon of mass
        destruction, with the intent that the teaching, demonstration,
        or information be used for, or in furtherance of, an activity
        that constitutes a Federal crime of violence; or
          (B) to teach or demonstrate to any person the making or use
        of an explosive, a destructive device, or a weapon of mass
        destruction, or to distribute to any person, by any means,
        information pertaining to, in whole or in part, the manufacture
        or use of an explosive, destructive device, or weapon of mass
        destruction, knowing that such person intends to use the
        teaching, demonstration, or information for, or in furtherance
        of, an activity that constitutes a Federal crime of violence.

SOURCE

    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 953; amended Pub. L. 100-690, title VI, Sec. 6474(c), (d),
    Nov. 18, 1988, 102 Stat. 4380; Pub. L. 101-647, title XXXV, Sec.
    3521, Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103-322, title XI,
    Secs. 110508, 110516, Sept. 13, 1994, 108 Stat. 2018, 2020; Pub. L.
    104-132, title VI, Sec. 603, title VII, Sec. 707, Apr. 24, 1996,
    110 Stat. 1289, 1296; Pub. L. 106-54, Sec. 2(a), Aug. 17, 1999, 113
    Stat. 398; Pub. L. 107-296, title XI, Secs. 1112(e)(3), 1122(b),
    1123, Nov. 25, 2002, 116 Stat. 2276, 2280, 2283; Pub. L. 108-177,
    title III, Sec. 372, Dec. 13, 2003, 117 Stat. 2627.)

REFERENCES IN TEXT

      Section 101(a)(20) of the Immigration and Nationality Act,
    referred to in subsecs. (d)(7)(A) and (i)(5)(A), is classified to
    section 1101(a)(20) of Title 8, Aliens and Nationality.
      The date of enactment of this subsection, referred to in subsecs.
    (m)(2), (n)(2), and (o), is the date of enactment of Pub. L. 104-
    132, which was approved Apr. 24, 1996.

AMENDMENTS

      2003 - Subsec. (d)(7)(A). Pub. L. 108-177, Sec. 372(a)(1), struck
    out "or" at end.
      Subsec. (d)(7)(B). Pub. L. 108-177, Sec. 372(a)(2), inserted "or"
    at end of cl. (i) and struck out cls. (iii) and (iv) which read as
    follows:
      "(iii) is a member of a North Atlantic Treaty Organization (NATO)
    or other friendly foreign military force, as determined by the
    Secretary in consultation with the Secretary of Defense, (whether
    or not admitted in a nonimmigrant status) who is present in the
    United States under military orders for training or other military
    purpose authorized by the United States, and the shipping,
    transporting, possession, or receipt of explosive materials is in
    furtherance of the military purpose; or
      "(iv) is lawfully present in the United States in cooperation
    with the Director of Central Intelligence, and the shipment,
    transportation, receipt, or possession of the explosive materials
    is in furtherance of such cooperation;".
      Subsec. (d)(7)(C), (D). Pub. L. 108-177, Sec. 372(a)(3), added
    subpars. (C) and (D).
      Subsec. (i)(5)(A). Pub. L. 108-177, Sec. 372(b)(1), struck out
    "or" at end.
      Subsec. (i)(5)(B). Pub. L. 108-177, Sec. 372(b)(2), inserted "or"
    at end of cl. (i) and struck out cls. (iii) and (iv) which read as
    follows:
      "(iii) is a member of a North Atlantic Treaty Organization (NATO)
    or other friendly foreign military force, as determined by the
    Secretary in consultation with the Secretary of Defense, (whether
    or not admitted in a nonimmigrant status) who is present in the
    United States under military orders for training or other military
    purpose authorized by the United States, and the shipping,
    transporting, possession, or receipt of explosive materials is in
    furtherance of the military purpose; or
      "(iv) is lawfully present in the United States in cooperation
    with the Director of Central Intelligence, and the shipment,
    transportation, receipt, or possession of the explosive materials
    is in furtherance of such cooperation;".
      Subsec. (i)(5)(C), (D). Pub. L. 108-177, Sec. 372(b)(3), added
    subpars. (C) and (D).
      2002 - Subsec. (a)(3), (4). Pub. L. 107-296, Sec. 1122(b)(1),
    (2), added pars. (3) and (4) and struck out former par. (3) which
    read as follows: "other than a licensee or permittee knowingly -
        "(A) to transport, ship, cause to be transported, or receive in
      interstate or foreign commerce any explosive materials, except
      that a person who lawfully purchases explosive materials from a
      licensee in a State contiguous to the State in which the
      purchaser resides may ship, transport, or cause to be transported
      such explosive materials to the State in which he resides and may
      receive such explosive materials in the State in which he
      resides, if such transportation, shipment, or receipt is
      permitted by the law of the State in which he resides; or
        "(B) to distribute explosive materials to any person (other
      than a licensee or permittee) who the distributor knows or has
      reasonable cause to believe does not reside in the State in which
      the distributor resides."
      Subsec. (b). Pub. L. 107-296, Sec. 1122(b)(3), added subsec. (b)
    and struck out former subsec. (b) which read as follows: "It shall
    be unlawful for any licensee knowingly to distribute any explosive
    materials to any person except -
        "(1) a licensee;
        "(2) a permittee; or
        "(3) a resident of the State where distribution is made and in
      which the licensee is licensed to do business or a State
      contiguous thereto if permitted by the law of the State of the
      purchaser's residence."
      Subsec. (d)(6). Pub. L. 107-296, Sec. 1123(a)(2), substituted "or
    who has been committed to a mental institution;" for period at end.
      Subsec. (d)(7) to (9). Pub. L. 107-296, Sec. 1123(a)(1), (3),
    added pars. (7) to (9).
      Subsec. (f). Pub. L. 107-296, Sec. 1112(e)(3), substituted
    "Attorney General" for "Secretary".
      Subsec. (i). Pub. L. 107-296, Sec. 1123(b)(3), inserted "or
    affecting" before "interstate" in two places in concluding
    provisions.
      Subsec. (i)(5) to (7). Pub. L. 107-296, Sec. 1123(b)(1), (2),
    added pars. (5) to (7).
      Subsecs. (j), (k), (o). Pub. L. 107-296, Sec. 1112(e)(3),
    substituted "Attorney General" for "Secretary" wherever appearing.
      1999 - Subsec. (p). Pub. L. 106-54 added subsec. (p).
      1996 - Subsec. (h). Pub. L. 104-132, Sec. 707, amended subsec.
    (h) generally. Prior to amendment, subsec. (h) read as follows: "It
    shall be unlawful for any person to receive, conceal, transport,
    ship, store, barter, sell, or dispose of any explosive materials
    knowing or having reasonable cause to believe that such explosive
    materials were stolen."
      Subsecs. (l) to (o). Pub. L. 104-132, Sec. 603, added subsecs.
    (l) to (o).
      1994 - Subsec. (d). Pub. L. 103-322, Sec. 110516, substituted
    "any person" for "any licensee" in introductory provisions.
      Subsec. (i). Pub. L. 103-322, Sec. 110508, inserted "or possess"
    after "receive" in concluding provisions.
      1990 - Subsec. (d)(5). Pub. L. 101-647, Sec. 3521(1), substituted
    "; or" for a period.
      Subsec. (i)(3). Pub. L. 101-647, Sec. 3521(2), substituted "; or"
    for a period.
      1988 - Subsec. (d)(5). Pub. L. 100-690, Sec. 6474(c), amended
    par. (5) generally. Prior to amendment, par. (5) read as follows:
    "is an unlawful user of marihuana (as defined in section 4761 of
    the Internal Revenue Code of 1954) or any depressant or stimulant
    drug (as defined in section 201(v) of the Federal Food, Drug, and
    Cosmetic Act) or narcotic drug (as defined in section 4721(a) of
    the Internal Revenue Code of 1954); or".
      Subsec. (i)(3). Pub. L. 100-690, Sec. 6474(d), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "who is an
    unlawful user of or addicted to marihuana (as defined in section
    4761 of the Internal Revenue Code of 1954) or any depressant or
    stimulant drug (as defined in section 201(v) of the Federal Food,
    Drug, and Cosmetic Act) or narcotic drug (as defined in section
    4731(a) of the Internal Revenue Code of 1954); or".

CHANGE OF NAME

      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

MISCELLANEOUS

                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by sections 1112(e)(3) and 1123 of Pub. L. 107-296
    effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-
    296, set out as an Effective Date note under section 101 of Title
    6, Domestic Security.
      Amendment by section 1122(b) of Pub. L. 107-296 effective 180
    days after Nov. 25, 2002, see section 1122(i) of Pub. L. 107-296,
    set out as a note under section 843 of this title.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 603 of Pub. L. 104-132 effective 1 year
    after Apr. 24, 1996, see section 607 of Pub. L. 104-132, set out as
    a note under section 841 of this title.

FOOTNOTE

    (!1) So in original. Probably should be "Attorney General".
    (!2) So in original. Probably should be followed by "or".
    (!3) So in original. Probably should be followed by a semicolon.
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