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CITE

    18 USC Sec. 1366                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 65 - MALICIOUS MISCHIEF

HEAD

    Sec. 1366. Destruction of an energy facility

STATUTE

      (a) Whoever knowingly and willfully damages or attempts or
    conspires to damage the property of an energy facility in an amount
    that in fact exceeds or would if the attempted offense had been
    completed, or if the object of the conspiracy had been achieved,
    have exceeded $100,000, or damages or attempts or conspires to
    damage the property of an energy facility in any amount and causes
    or attempts or conspires to cause a significant interruption or
    impairment of a function of an energy facility, shall be punishable
    by a fine under this title or imprisonment for not more than 20
    years, or both.
      (b) Whoever knowingly and willfully damages or attempts to damage
    the property of an energy facility in an amount that in fact
    exceeds or would if the attempted offense had been completed have
    exceeded $5,000 shall be punishable by a fine under this title, or
    imprisonment for not more than five years, or both.
      (c) For purposes of this section, the term "energy facility"
    means a facility that is involved in the production, storage,
    transmission, or distribution of electricity, fuel, or another form
    or source of energy, or research, development, or demonstration
    facilities relating thereto, regardless of whether such facility is
    still under construction or is otherwise not functioning, except a
    facility subject to the jurisdiction, administration, or in the
    custody of the Nuclear Regulatory Commission or an interstate gas
    pipeline facility as defined in section 60101 of title 49.
      (d) Whoever is convicted of a violation of subsection (a) or (b)
    that has resulted in the death of any person shall be subject to
    imprisonment for any term of years or life.

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 1011(a), Oct. 12, 1984, 98
    Stat. 2141, Sec. 1365; renumbered Sec. 1366, Pub. L. 99-646, Sec.
    29(a), Nov. 10, 1986, 100 Stat. 3598; amended Pub. L. 101-647,
    title XXXV, Secs. 3545, 3546, Nov. 29, 1990, 104 Stat. 4926; Pub.
    L. 103-272, Sec. 5(e)(9), July 5, 1994, 108 Stat. 1374; Pub. L. 103-
    322, title XXXII, Sec. 320903(d)(3), title XXXIII, Sec.
    330016(2)(C), Sept. 13, 1994, 108 Stat. 2125, 2148; Pub. L. 107-56,
    title VIII, Sec. 810(b), Oct. 26, 2001, 115 Stat. 380; Pub. L. 109-
    177, title IV, Sec. 406(c)(2), Mar. 9, 2006, 120 Stat. 245.)

AMENDMENTS

      2006 - Subsec. (a). Pub. L. 109-177 substituted "attempts or
    conspires" for "attempts" wherever appearing and inserted ", or if
    the object of the conspiracy had been achieved," after "the
    attempted offense had been completed".
      2001 - Subsec. (a). Pub. L. 107-56, Sec. 810(b)(1), substituted
    "20 years" for "ten years".
      Subsec. (d). Pub. L. 107-56, Sec. 810(b)(2), added subsec. (d).
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(2)(C),
    substituted "fine under this title" for "fine of not more than
    $50,000".
      Pub. L. 103-322, Sec. 320903(d)(3), inserted "or attempts to
    damage" after "damages" in two places, "or would if the attempted
    offense had been completed have exceeded" after "exceeds", and "or
    attempts to cause" after "causes".
      Subsec. (b). Pub. L. 103-322, Sec. 330016(2)(C), substituted
    "fine under this title" for "fine of not more than $25,000".
      Pub. L. 103-322, Sec. 320903(d)(3)(A), (C), inserted "or attempts
    to damage" after "damages" and "or would if the attempted offense
    had been completed have exceeded" after "exceeds".
      Subsec. (c). Pub. L. 103-272 substituted "an interstate gas
    pipeline facility as defined in section 60101 of title 49" for
    "interstate transmission facilities, as defined in section 2 of the
    Natural Gas Pipeline Safety Act of 1968".
      1990 - Subsec. (c). Pub. L. 101-647, Sec. 3545, substituted
    "section 2 of the Natural Gas Pipeline Safety Act of 1968" for "49
    U.S.C. 1671".
      Subsec. (d). Pub. L. 101-647, Sec. 3546, struck out subsec. (d)
    which read as follows: "The table of contents for chapter 65 of
    title 18, United States Code, is amended by adding at the end
    thereof the following new item: '1365 Destruction of an energy
    facility.' "
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