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CITE

    18 USC Sec. 2332a                                           01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113B - TERRORISM

HEAD

    Sec. 2332a. Use of weapons of mass destruction

STATUTE

      (a) Offense Against a National of the United States or Within the
    United States. - A person who, without lawful authority, uses,
    threatens, or attempts or conspires to use, a weapon of mass
    destruction -
        (1) against a national of the United States while such national
      is outside of the United States;
        (2) against any person or property within the United States,
      and
          (A) the mail or any facility of interstate or foreign
        commerce is used in furtherance of the offense;
          (B) such property is used in interstate or foreign commerce
        or in an activity that affects interstate or foreign commerce;
          (C) any perpetrator travels in or causes another to travel in
        interstate or foreign commerce in furtherance of the offense;
        or
          (D) the offense, or the results of the offense, affect
        interstate or foreign commerce, or, in the case of a threat,
        attempt, or conspiracy, would have affected interstate or
        foreign commerce;
        (3) against any property that is owned, leased or used by the
      United States or by any department or agency of the United
      States, whether the property is within or outside of the United
      States; or
        (4) against any property within the United States that is
      owned, leased, or used by a foreign government,
    shall be imprisoned for any term of years or for life, and if death
    results, shall be punished by death or imprisoned for any term of
    years or for life.
      (b) Offense by National of the United States Outside of the
    United States. - Any national of the United States who, without
    lawful authority, uses, or threatens, attempts, or conspires to
    use, a weapon of mass destruction outside of the United States
    shall be imprisoned for any term of years or for life, and if death
    results, shall be punished by death, or by imprisonment for any
    term of years or for life.
      (c) Definitions. - For purposes of this section -
        (1) the term "national of the United States" has the meaning
      given in section 101(a)(22) of the Immigration and Nationality
      Act (8 U.S.C. 1101(a)(22));
        (2) the term "weapon of mass destruction" means -
          (A) any destructive device as defined in section 921 of this
        title;
          (B) any weapon that is designed or intended to cause death or
        serious bodily injury through the release, dissemination, or
        impact of toxic or poisonous chemicals, or their precursors;
          (C) any weapon involving a biological agent, toxin, or vector
        (as those terms are defined in section 178 of this title); or
          (D) any weapon that is designed to release radiation or
        radioactivity at a level dangerous to human life; and
        (3) the term "property" includes all real and personal
      property.

SOURCE

    (Added Pub. L. 103-322, title VI, Sec. 60023(a), Sept. 13, 1994,
    108 Stat. 1980; amended Pub. L. 104-132, title V, Sec. 511(c),
    title VII, Sec. 725, Apr. 24, 1996, 110 Stat. 1284, 1300; Pub. L.
    104-294, title VI, Sec. 605(m), Oct. 11, 1996, 110 Stat. 3510; Pub.
    L. 105-277, div. I, title II, Sec. 201(b)(1), Oct. 21, 1998, 112
    Stat. 2681-871; Pub. L. 107-188, title II, Sec. 231(d), June 12,
    2002, 116 Stat. 661; Pub. L. 108-458, title VI, Sec. 6802(a), (b),
    Dec. 17, 2004, 118 Stat. 3766, 3767.)

AMENDMENTS

      2004 - Pub. L. 108-458, Sec. 6802(b)(1), struck out "certain"
    before "weapons" in section catchline.
      Subsec. (a). Pub. L. 108-458, Sec. 6802(b)(2), struck out "(other
    than a chemical weapon as that term is defined in section 229F)"
    after "mass destruction" in introductory provisions.
      Subsec. (a)(2). Pub. L. 108-458, Sec. 6802(a)(1), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows:
    "against any person within the United States, and the results of
    such use affect interstate or foreign commerce or, in the case of a
    threat, attempt, or conspiracy, would have affected interstate or
    foreign commerce; or".
      Subsec. (a)(4). Pub. L. 108-458, Sec. 6802(a)(2), (3), added par.
    (4).
      Subsec. (b). Pub. L. 108-458, Sec. 6802(b)(3), struck out "(other
    than a chemical weapon (as that term is defined in section 229F))"
    after "mass destruction".
      Subsec. (c)(3). Pub. L. 108-458, Sec. 6802(a)(4)-(6), added par.
    (3).
      2002 - Subsec. (a). Pub. L. 107-188, Sec. 231(d)(1), substituted
    "section 229F) - " for "section 229F), including any biological
    agent, toxin, or vector (as those terms are defined in section 178)
    - " in introductory provisions.
      Subsec. (c)(2)(C). Pub. L. 107-188, Sec. 231(d)(2), substituted
    "a biological agent, toxin, or vector (as those terms are defined
    in section 178 of this title)" for "a disease organism".
      1998 - Pub. L. 105-277, Sec. 201(b)(1)(A), inserted "certain"
    before "weapons" in section catchline.
      Subsec. (a). Pub. L. 105-277, Sec. 201(b)(1)(B), inserted "(other
    than a chemical weapon as that term is defined in section 229F)"
    after "weapon of mass destruction" in introductory provisions.
      Subsec. (b). Pub. L. 105-277, Sec. 201(b)(1)(C), inserted "(other
    than a chemical weapon (as that term is defined in section 229F))"
    after "weapon of mass destruction".
      1996 - Subsec. (a). Pub. L. 104-132, Secs. 511(c), 725(1)(A),
    (B), in heading, inserted "Against a National of the United States
    or Within the United States" after "Offense", and in introductory
    provisions, substituted ", without lawful authority, uses,
    threatens, or attempts" for "uses, or attempts" and inserted ",
    including any biological agent, toxin, or vector (as those terms
    are defined in section 178)" after "mass destruction".
      Subsec. (a)(2). Pub. L. 104-132, Sec. 725(1)(C), inserted before
    semicolon at end ", and the results of such use affect interstate
    or foreign commerce or, in the case of a threat, attempt, or
    conspiracy, would have affected interstate or foreign commerce".
      Subsec. (b). Pub. L. 104-132, Sec. 725(4), added subsec. (b).
    Former subsec. (b) redesignated (c).
      Subsec. (b)(2)(B). Pub. L. 104-132, Sec. 725(2), as amended by
    Pub. L. 104-294, Sec. 605(m), added subpar. (B) and struck out
    former subpar. (B) which read as follows: "poison gas;".
      Subsec. (c). Pub. L. 104-132, Sec. 725(3), redesignated subsec.
    (b) as (c).
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