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CITE

    18 USC Sec. 2332f                                           01/05/2009

EXPCITE

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

HEAD

    Sec. 2332f. Bombings of places of public use, government
      facilities, public transportation systems and infrastructure
      facilities

STATUTE

      (a) Offenses. -
        (1) In general. - Whoever unlawfully delivers, places,
      discharges, or detonates an explosive or other lethal device in,
      into, or against a place of public use, a state or government
      facility, a public transportation system, or an infrastructure
      facility -
          (A) with the intent to cause death or serious bodily injury,
        or
          (B) with the intent to cause extensive destruction of such a
        place, facility, or system, where such destruction results in
        or is likely to result in major economic loss,
      shall be punished as prescribed in subsection (c).
        (2) Attempts and conspiracies. - Whoever attempts or conspires
      to commit an offense under paragraph (1) shall be punished as
      prescribed in subsection (c).
      (b) Jurisdiction. - There is jurisdiction over the offenses in
    subsection (a) if -
        (1) the offense takes place in the United States and -
          (A) the offense is committed against another state or a
        government facility of such state, including its embassy or
        other diplomatic or consular premises of that state;
          (B) the offense is committed in an attempt to compel another
        state or the United States to do or abstain from doing any act;
          (C) at the time the offense is committed, it is committed -
            (i) on board a vessel flying the flag of another state;
            (ii) on board an aircraft which is registered under the
          laws of another state; or
            (iii) on board an aircraft which is operated by the
          government of another state;
          (D) a perpetrator is found outside the United States;
          (E) a perpetrator is a national of another state or a
        stateless person; or
          (F) a victim is a national of another state or a stateless
        person;
        (2) the offense takes place outside the United States and -
          (A) a perpetrator is a national of the United States or is a
        stateless person whose habitual residence is in the United
        States;
          (B) a victim is a national of the United States;
          (C) a perpetrator is found in the United States;
          (D) the offense is committed in an attempt to compel the
        United States to do or abstain from doing any act;
          (E) the offense is committed against a state or government
        facility of the United States, including an embassy or other
        diplomatic or consular premises of the United States;
          (F) the offense is committed on board a vessel flying the
        flag of the United States or an aircraft which is registered
        under the laws of the United States at the time the offense is
        committed; or
          (G) the offense is committed on board an aircraft which is
        operated by the United States.
      (c) Penalties. - Whoever violates this section shall be punished
    as provided under section 2332a(a) of this title.
      (d) Exemptions to Jurisdiction. - This section does not apply to -
        (1) the activities of armed forces during an armed conflict, as
      those terms are understood under the law of war, which are
      governed by that law,
        (2) activities undertaken by military forces of a state in the
      exercise of their official duties; or
        (3) offenses committed within the United States, where the
      alleged offender and the victims are United States citizens and
      the alleged offender is found in the United States, or where
      jurisdiction is predicated solely on the nationality of the
      victims or the alleged offender and the offense has no
      substantial effect on interstate or foreign commerce.
      (e) Definitions. - As used in this section, the term -
        (1) "serious bodily injury" has the meaning given that term in
      section 1365(g)(3) of this title; (!1)
        (2) "national of the United States" has the meaning given that
      term in section 101(a)(22) of the Immigration and Nationality Act
      (8 U.S.C. 1101(a)(22));
        (3) "state or government facility" includes any permanent or
      temporary facility or conveyance that is used or occupied by
      representatives of a state, members of Government, the
      legislature or the judiciary or by officials or employees of a
      state or any other public authority or entity or by employees or
      officials of an intergovernmental organization in connection with
      their official duties;
        (4) "intergovernmental organization" includes international
      organization (as defined in section 1116(b)(5) of this title);
        (5) "infrastructure facility" means any publicly or privately
      owned facility providing or distributing services for the benefit
      of the public, such as water, sewage, energy, fuel, or
      communications;
        (6) "place of public use" means those parts of any building,
      land, street, waterway, or other location that are accessible or
      open to members of the public, whether continuously,
      periodically, or occasionally, and encompasses any commercial,
      business, cultural, historical, educational, religious,
      governmental, entertainment, recreational, or similar place that
      is so accessible or open to the public;
        (7) "public transportation system" means all facilities,
      conveyances, and instrumentalities, whether publicly or privately
      owned, that are used in or for publicly available services for
      the transportation of persons or cargo;
        (8) "explosive" has the meaning given in section 844(j) of this
      title insofar that it is designed, or has the capability, to
      cause death, serious bodily injury, or substantial material
      damage;
        (9) "other lethal device" means any weapon or device that is
      designed or has the capability to cause death, serious bodily
      injury, or substantial damage to property through the release,
      dissemination, or impact of toxic chemicals, biological agents,
      or toxins (as those terms are defined in section 178 of this
      title) or radiation or radioactive material;
        (10) "military forces of a state" means the armed forces of a
      state which are organized, trained, and equipped under its
      internal law for the primary purpose of national defense or
      security, and persons acting in support of those armed forces who
      are under their formal command, control, and responsibility;
        (11) "armed conflict" does not include internal disturbances
      and tensions, such as riots, isolated and sporadic acts of
      violence, and other acts of a similar nature; and
        (12) "state" has the same meaning as that term has under
      international law, and includes all political subdivisions
      thereof.

SOURCE

    (Added Pub. L. 107-197, title I, Sec. 102(a), June 25, 2002, 116
    Stat. 721.)

REFERENCES IN TEXT

      Section 1365(g)(3), referred to in subsec. (e)(1), was
    redesignated section 1365(h)(3) by Pub. L. 107-307, Sec. 2(1), Dec.
    2, 2002, 116 Stat. 2445.

EFFECTIVE DATE

      Pub. L. 107-197, title I, Sec. 103, June 25, 2002, 116 Stat. 724,
    provided that: "Section 102 [enacting this section and provisions
    set out as a note below] shall take effect on the date that the
    International Convention for the Suppression of Terrorist Bombings
    enters into force for the United States [July 26, 2002]."
                                DISCLAIMER
      Pub. L. 107-197, title I, Sec. 102(c), June 25, 2002, 116 Stat.
    724, provided that: "Nothing contained in this section [enacting
    this section and provisions set out as a note above] is intended to
    affect the applicability of any other Federal or State law which
    might pertain to the underlying conduct."

FOOTNOTE

    (!1) See References in Text note below.
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