All Agencies, Latest Month All Agencies, Previous FY Geographic Distribution
of Convictions for
All Agencies, FY 2013
3 Prosecutions
in January 2014
97 Prosecutions
in Fiscal Year 2013
4 Convictions
in January 2014
100 Convictions
in Fiscal Year 2013

CITE

    18 USC Sec. 844                                             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. 844. Penalties

STATUTE

      (a) Any person who -
        (1) violates any of subsections (a) through (i) or (l) through
      (o) of section 842 shall be fined under this title, imprisoned
      for not more than 10 years, or both; and
        (2) violates subsection (p)(2) of section 842, shall be fined
      under this title, imprisoned not more than 20 years, or both.
      (b) Any person who violates any other provision of section 842 of
    this chapter shall be fined under this title or imprisoned not more
    than one year, or both.
      (c)(1) Any explosive materials involved or used or intended to be
    used in any violation of the provisions of this chapter or any
    other rule or regulation promulgated thereunder or any violation of
    any criminal law of the United States shall be subject to seizure
    and forfeiture, and all provisions of the Internal Revenue Code of
    1986 relating to the seizure, forfeiture, and disposition of
    firearms, as defined in section 5845(a) of that Code, shall, so far
    as applicable, extend to seizures and forfeitures under the
    provisions of this chapter.
      (2) Notwithstanding paragraph (1), in the case of the seizure of
    any explosive materials for any offense for which the materials
    would be subject to forfeiture in which it would be impracticable
    or unsafe to remove the materials to a place of storage or would be
    unsafe to store them, the seizing officer may destroy the explosive
    materials forthwith. Any destruction under this paragraph shall be
    in the presence of at least 1 credible witness. The seizing officer
    shall make a report of the seizure and take samples as the Attorney
    General may by regulation prescribe.
      (3) Within 60 days after any destruction made pursuant to
    paragraph (2), the owner of (including any person having an
    interest in) the property so destroyed may make application to the
    Attorney General for reimbursement of the value of the property. If
    the claimant establishes to the satisfaction of the Attorney
    General that -
        (A) the property has not been used or involved in a violation
      of law; or
        (B) any unlawful involvement or use of the property was without
      the claimant's knowledge, consent, or willful blindness,
    the Attorney General shall make an allowance to the claimant not
    exceeding the value of the property destroyed.
      (d) Whoever transports or receives, or attempts to transport or
    receive, in interstate or foreign commerce any explosive with the
    knowledge or intent that it will be used to kill, injure, or
    intimidate any individual or unlawfully to damage or destroy any
    building, vehicle, or other real or personal property, shall be
    imprisoned for not more than ten years, or fined under this title,
    or both; and if personal injury results to any person, including
    any public safety officer performing duties as a direct or
    proximate result of conduct prohibited by this subsection, shall be
    imprisoned for not more than twenty years or fined under this
    title, or both; and if death results to any person, including any
    public safety officer performing duties as a direct or proximate
    result of conduct prohibited by this subsection, shall be subject
    to imprisonment for any term of years, or to the death penalty or
    to life imprisonment.
      (e) Whoever, through the use of the mail, telephone, telegraph,
    or other instrument of interstate or foreign commerce, or in or
    affecting interstate or foreign commerce, willfully makes any
    threat, or maliciously conveys false information knowing the same
    to be false, concerning an attempt or alleged attempt being made,
    or to be made, to kill, injure, or intimidate any individual or
    unlawfully to damage or destroy any building, vehicle, or other
    real or personal property by means of fire or an explosive shall be
    imprisoned for not more than 10 years or fined under this title, or
    both.
      (f)(1) Whoever maliciously damages or destroys, or attempts to
    damage or destroy, by means of fire or an explosive, any building,
    vehicle, or other personal or real property in whole or in part
    owned or possessed by, or leased to, the United States, or any
    department or agency thereof, or any institution or organization
    receiving Federal financial assistance, shall be imprisoned for not
    less than 5 years and not more than 20 years, fined under this
    title, or both.
      (2) Whoever engages in conduct prohibited by this subsection, and
    as a result of such conduct, directly or proximately causes
    personal injury or creates a substantial risk of injury to any
    person, including any public safety officer performing duties,
    shall be imprisoned for not less than 7 years and not more than 40
    years, fined under this title, or both.
      (3) Whoever engages in conduct prohibited by this subsection, and
    as a result of such conduct directly or proximately causes the
    death of any person, including any public safety officer performing
    duties, shall be subject to the death penalty, or imprisoned for
    not less than 20 years or for life, fined under this title, or
    both.
      (g)(1) Except as provided in paragraph (2), whoever possesses an
    explosive in an airport that is subject to the regulatory authority
    of the Federal Aviation Administration, or in any building in whole
    or in part owned, possessed, or used by, or leased to, the United
    States or any department or agency thereof, except with the written
    consent of the agency, department, or other person responsible for
    the management of such building or airport, shall be imprisoned for
    not more than five years, or fined under this title, or both.
      (2) The provisions of this subsection shall not be applicable to -
        (A) the possession of ammunition (as that term is defined in
      regulations issued pursuant to this chapter) in an airport that
      is subject to the regulatory authority of the Federal Aviation
      Administration if such ammunition is either in checked baggage or
      in a closed container; or
        (B) the possession of an explosive in an airport if the
      packaging and transportation of such explosive is exempt from, or
      subject to and in accordance with, regulations of the Pipeline
      and Hazardous Materials Safety Administration for the handling of
      hazardous materials pursuant to chapter 51 of title 49.
      (h) Whoever -
        (1) uses fire or an explosive to commit any felony which may be
      prosecuted in a court of the United States, or
        (2) carries an explosive during the commission of any felony
      which may be prosecuted in a court of the United States,
    including a felony which provides for an enhanced punishment if
    committed by the use of a deadly or dangerous weapon or device
    shall, in addition to the punishment provided for such felony, be
    sentenced to imprisonment for 10 years. In the case of a second or
    subsequent conviction under this subsection, such person shall be
    sentenced to imprisonment for 20 years. Notwithstanding any other
    provision of law, the court shall not place on probation or suspend
    the sentence of any person convicted of a violation of this
    subsection, nor shall the term of imprisonment imposed under this
    subsection run concurrently with any other term of imprisonment
    including that imposed for the felony in which the explosive was
    used or carried.
      (i) Whoever maliciously damages or destroys, or attempts to
    damage or destroy, by means of fire or an explosive, any building,
    vehicle, or other real or personal property used in interstate or
    foreign commerce or in any activity affecting interstate or foreign
    commerce shall be imprisoned for not less than 5 years and not more
    than 20 years, fined under this title, or both; and if personal
    injury results to any person, including any public safety officer
    performing duties as a direct or proximate result of conduct
    prohibited by this subsection, shall be imprisoned for not less
    than 7 years and not more than 40 years, fined under this title, or
    both; and if death results to any person, including any public
    safety officer performing duties as a direct or proximate result of
    conduct prohibited by this subsection, shall also be subject to
    imprisonment for any term of years, or to the death penalty or to
    life imprisonment.
      (j) For the purposes of subsections (d), (e), (f), (g), (h), and
    (i) of this section and section 842(p), the term "explosive" means
    gunpowders, powders used for blasting, all forms of high
    explosives, blasting materials, fuzes (other than electric circuit
    breakers), detonators, and other detonating agents, smokeless
    powders, other explosive or incendiary devices within the meaning
    of paragraph (5) of section 232 of this title, and any chemical
    compounds, mechanical mixture, or device that contains any
    oxidizing and combustible units, or other ingredients, in such
    proportions, quantities, or packing that ignition by fire, by
    friction, by concussion, by percussion, or by detonation of the
    compound, mixture, or device or any part thereof may cause an
    explosion.
      (k) A person who steals any explosives materials which are moving
    as, or are a part of, or which have moved in, interstate or foreign
    commerce shall be imprisoned for not more than 10 years, fined
    under this title, or both.
      (l) A person who steals any explosive material from a licensed
    importer, licensed manufacturer, or licensed dealer, or from any
    permittee shall be fined under this title, imprisoned not more than
    10 years, or both.
      (m) A person who conspires to commit an offense under subsection
    (h) shall be imprisoned for any term of years not exceeding 20,
    fined under this title, or both.
      (n) Except as otherwise provided in this section, a person who
    conspires to commit any offense defined in this chapter shall be
    subject to the same penalties (other than the penalty of death) as
    the penalties prescribed for the offense the commission of which
    was the object of the conspiracy.
      (o) Whoever knowingly transfers any explosive materials, knowing
    or having reasonable cause to believe that such explosive materials
    will be used to commit a crime of violence (as defined in section
    924(c)(3)) or drug trafficking crime (as defined in section
    924(c)(2)) shall be subject to the same penalties as may be imposed
    under subsection (h) for a first conviction for the use or carrying
    of an explosive material.
      (p) Theft Reporting Requirement. -
        (1) In general. - A holder of a license or permit who knows
      that explosive materials have been stolen from that licensee or
      permittee, shall report the theft to the Secretary (!1) not later
      than 24 hours after the discovery of the theft.
        (2) Penalty. - A holder of a license or permit who does not
      report a theft in accordance with paragraph (1), shall be fined
      not more than $10,000, imprisoned not more than 5 years, or both.

SOURCE

    (Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
    Stat. 956; amended Pub. L. 97-298, Sec. 2, Oct. 12, 1982, 96 Stat.
    1319; Pub. L. 98-473, title II, Sec. 1014, Oct. 12, 1984, 98 Stat.
    2142; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
    L. 100-690, title VI, Sec. 6474(a), (b), Nov. 18, 1988, 102 Stat.
    4379; Pub. L. 101-647, title XXXV, Sec. 3522, Nov. 29, 1990, 104
    Stat. 4924; Pub. L. 103-272, Sec. 5(e)(7), July 5, 1994, 108 Stat.
    1374; Pub. L. 103-322, title VI, Sec. 60003(a)(3), title XI, Secs.
    110504(b), 110509, 110515(b), 110518(b), title XXXII, Secs. 320106,
    320917(a), title XXXIII, Sec. 330016(1)(H), (K), (L), (N), Sept.
    13, 1994, 108 Stat. 1969, 2016, 2018, 2020, 2111, 2129, 2147, 2148;
    Pub. L. 104-132, title VI, Sec. 604, title VII, Secs. 701, 706,
    708(a), (c)(3), 724, Apr. 24, 1996, 110 Stat. 1289, 1291, 1295-
    1297, 1300; Pub. L. 104-294, title VI, Sec. 603(a), Oct. 11, 1996,
    110 Stat. 3503; Pub. L. 106-54, Sec. 2(b), Aug. 17, 1999, 113 Stat.
    399; Pub. L. 107-296, title XI, Secs. 1112(e)(3), 1125, 1127, Nov.
    25, 2002, 116 Stat. 2276, 2285; Pub. L. 108-426, Sec. 2(c)(6), Nov.
    30, 2004, 118 Stat. 2424.)

REFERENCES IN TEXT

      The Internal Revenue Code of 1986, referred to in subsec. (c)(1),
    is set out as Title 26, Internal Revenue Code.
      Section 5845(a) of that Code, referred to in subsec. (c)(1), is
    section 5845(a) of Title 26.

AMENDMENTS

      2004 - Subsec. (g)(2)(B). Pub. L. 108-426 substituted "Pipeline
    and Hazardous Materials Safety Administration" for "Research and
    Special Projects Administration".
      2002 - Subsec. (c)(2), (3). Pub. L. 107-296, Sec. 1112(e)(3),
    substituted "Attorney General" for "Secretary" wherever appearing.
      Subsec. (f)(1). Pub. L. 107-296, Sec. 1125, inserted "or any
    institution or organization receiving Federal financial
    assistance," before "shall".
      Subsec. (p). Pub. L. 107-296, Sec. 1127, added subsec. (p).
      1999 - Subsec. (a). Pub. L. 106-54, Sec. 2(b)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (j). Pub. L. 106-54, Sec. 2(b)(2), inserted "and section
    842(p)" after "this section".
      1996 - Subsec. (a). Pub. L. 104-132, Sec. 604, amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "Any person who violates subsections (a) through (i) of section 842
    of this chapter shall be fined under this title or imprisoned not
    more than ten years, or both."
      Subsec. (e). Pub. L. 104-132, Secs. 708(a)(1), 724, substituted
    "interstate or foreign commerce, or in or affecting interstate or
    foreign commerce," for "commerce" and "10" for "five".
      Subsec. (f). Pub. L. 104-132, Sec. 708(a)(2), amended subsec. (f)
    generally. Prior to amendment, subsec. (f) read as follows:
    "Whoever maliciously damages or destroys, or attempts to damage or
    destroy, by means of fire or an explosive, any building, vehicle,
    or other personal or real property in whole or in part owned,
    possessed, or used by, or leased to, the United States, any
    department or agency thereof, or any institution or organization
    receiving Federal financial assistance shall be imprisoned for not
    more than 20 years, fined the greater of the fine under this title
    or the cost of repairing or replacing any property that is damaged
    or destroyed,, or both; and if personal injury results to any
    person, including any public safety officer performing duties as a
    direct or proximate result of conduct prohibited by this
    subsection, shall be imprisoned for not more than 40 years, fined
    the greater of the fine under this title or the cost of repairing
    or replacing any property that is damaged or destroyed,, or both;
    and if death results to any person, including any public safety
    officer performing duties as a direct or proximate result of
    conduct prohibited by this subsection, shall be subject to
    imprisonment for any term of years, or to the death penalty or to
    life imprisonment."
      Subsec. (h). Pub. L. 104-132, Sec. 708(a)(3), in concluding
    provisions, substituted "10 years" and "20 years" for "5 years but
    not more than 15 years" and "10 years but not more than 25 years",
    respectively.
      Subsec. (i). Pub. L. 104-294, which directed substitution of
    comma for ",," each place appearing, could not be executed because
    ",," did not appear in text subsequent to amendment by Pub. L. 104-
    132, Sec. 708(a)(4). See below.
      Pub. L. 104-132, Sec. 708(c)(3), struck out at end "No person
    shall be prosecuted, tried, or punished for any noncapital offense
    under this subsection unless the indictment is found or the
    information is instituted within 7 years after the date on which
    the offense was committed."
      Pub. L. 104-132, Sec. 708(a)(4)(B), which directed substitution
    of "not less than 7 years and not more than 40 years, fined under
    this title" for "not more than 40 years, fined the greater of a
    fine under this title or the cost of repairing or replacing any
    property that is damaged or destroyed,", was executed by making the
    substitution in text which read "not more than 40 years, fined the
    greater of the fine under this title" to reflect the probable
    intent of Congress.
      Pub. L. 104-132, Sec. 708(a)(4)(A), substituted "not less than 5
    years and not more than 20 years, fined under this title" for "not
    more than 20 years, fined the greater of the fine under this title
    or the cost of repairing or replacing any property that is damaged
    or destroyed,".
      Subsec. (n). Pub. L. 104-132, Sec. 701, added subsec. (n).
      Subsec. (o). Pub. L. 104-132, Sec. 706, added subsec. (o).
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(L),
    substituted "fined under this title" for "fined not more than
    $10,000".
      Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(H), substituted
    "fined under this title" for "fined not more than $1,000".
      Subsec. (c). Pub. L. 103-322, Sec. 110509, designated existing
    provisions as par. (1) and added pars. (2) and (3).
      Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(L), (N), substituted
    "fined under this title" for "fined not more than $10,000" after
    "ten years, or" and for "fined not more than $20,000" after "twenty
    years or".
      Pub. L. 103-322, Sec. 60003(a)(3)(A), struck out before period at
    end "as provided in section 34 of this title".
      Subsec. (e). Pub. L. 103-322, Sec. 330016(1)(K), substituted
    "fined under this title" for "fined not more than $5,000".
      Subsec. (f). Pub. L. 103-322, Sec. 320106(1)(B), which directed
    the substitution of "not more than 40 years, fined the greater of
    the fine under this title or the cost of repairing or replacing any
    property that is damaged or destroyed," for "not more than twenty
    years, or fined not more than $10,000", was executed by making the
    substitution for "not more than twenty years, or fined not more
    than $20,000", to reflect the probable intent of Congress.
      Pub. L. 103-322, Sec. 320106(1)(A), substituted "not more than 20
    years, fined the greater of the fine under this title or the cost
    of repairing or replacing any property that is damaged or
    destroyed," for "not more than ten years, or fined not more than
    $10,000".
      Pub. L. 103-322, Sec. 60003(a)(3)(B), struck out before period at
    end "as provided in section 34 of this title".
      Subsec. (g)(2)(B). Pub. L. 103-272 substituted "chapter 51 of
    title 49" for "the Hazardous Materials Transportation Act (49 App.
    U.S.C. 1801, et seq.)".
      Subsec. (h). Pub. L. 103-322, Sec. 320106(2), in concluding
    provisions, substituted "5 years but not more than 15 years" for
    "five years" and "10 years but not more than 25 years" for "ten
    years".
      Subsec. (i). Pub. L. 103-322, Sec. 320917(a), inserted at end "No
    person shall be prosecuted, tried, or punished for any noncapital
    offense under this subsection unless the indictment is found or the
    information is instituted within 7 years after the date on which
    the offense was committed."
      Pub. L. 103-322, Sec. 320106(3), substituted "not more than 20
    years, fined the greater of the fine under this title or the cost
    of repairing or replacing any property that is damaged or
    destroyed," for "not more than ten years or fined not more than
    $10,000" and "not more than 40 years, fined the greater of the fine
    under this title or the cost of repairing or replacing any property
    that is damaged or destroyed," for "not more than twenty years or
    fined not more than $20,000".
      Pub. L. 103-322, Sec. 60003(a)(3)(C), struck out "as provided in
    section 34 of this title" after "death penalty or to life
    imprisonment".
      Subsec. (k). Pub. L. 103-322, Sec. 110504(b), added subsec. (k).
      Subsec. (l). Pub. L. 103-322, Sec. 110515(b), added subsec. (l).
      Subsec. (m). Pub. L. 103-322, Sec. 110518(b), added subsec. (m).
      1990 - Subsec. (d). Pub. L. 101-647 substituted "subsection," for
    "subsection,," before "shall be subject to imprisonment".
      1988 - Subsec. (g). Pub. L. 100-690, Sec. 6474(a), designated
    existing provisions as par. (1), substituted "Except as provided in
    paragraph (2), whoever" for "Whoever", inserted "in an airport that
    is subject to the regulatory authority of the Federal Aviation
    Administration, or" after "possess an explosive", inserted "or
    airport" after "such building", substituted "not more than five
    years, or fined under this title, or both" for "not more than one
    year, or fined not more than $1,000, or both", and added par. (2).
      Subsec. (h). Pub. L. 100-690, Sec. 6474(b)(2), which directed the
    amendment of subsec. (h) by striking "shall be sentenced" through
    the end and inserting new provisions was executed by striking
    "shall be sentenced" the first time it appeared through the end of
    the subsection which resulted in inserting concluding provisions
    and striking out former concluding provisions which read as
    follows: "shall be sentenced to a term of imprisonment for not less
    than one year nor more than ten years. In the case of his second or
    subsequent conviction under this subsection, such person shall be
    sentenced to a term of imprisonment for not less than five years
    nor more than twenty-five years, and, notwithstanding any other
    provision of law, the court shall not suspend the sentence of such
    person or give him a probationary sentence."
      Subsec. (h)(2). Pub. L. 100-690, Sec. 6474(b)(1), in par. (2),
    struck out "unlawfully" after "explosive".
      1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954".
      1984 - Subsecs. (d), (f), (i). Pub. L. 98-473 substituted
    "personal injury results to any person, including any public safety
    officer performing duties as a direct or proximate result of
    conduct prohibited by this subsection," for "personal injury
    results" and "death results to any person, including any public
    safety officer performing duties as a direct or proximate result of
    conduct prohibited by this subsection," for "death results".
      1982 - Subsecs. (e), (f). Pub. L. 97-298, Sec. 2(a), inserted
    "fire or" after "by means of" wherever appearing.
      Subsec. (h)(1). Pub. L. 97-298, Sec. 2(b), inserted "fire or"
    after "uses".
      Subsec. (i). Pub. L. 97-298, Sec. 2(c), inserted "fire or" after
    "by means of".
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by 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.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 604 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.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 320917(b) of Pub. L. 103-322 provided that: "The
    amendment made by subsection (a) [amending this section] shall not
    apply to any offense described in the amendment that was committed
    more than 5 years prior to the date of enactment of this Act [Sept.
    13, 1994]."
                              EFFECTIVE DATE
      Subsecs. (a) to (c) of this section effective 120 days after Oct.
    15, 1970, and subsecs. (d) to (j) of this section effective on Oct.
    15, 1970, see section 1105(a), (b), set out as a note under section
    841 of this title.

FOOTNOTE

    (!1) So in original. Probably should be "Attorney General".
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