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CITE

    18 USC Sec. 81                                              01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 5 - ARSON

HEAD

    Sec. 81. Arson within special maritime and territorial jurisdiction

STATUTE

      Whoever, within the special maritime and territorial jurisdiction
    of the United States, willfully and maliciously sets fire to or
    burns any building, structure or vessel, any machinery or building
    materials or supplies, military or naval stores, munitions of war,
    or any structural aids or appliances for navigation or shipping, or
    attempts or conspires to do such an act, shall be imprisoned for
    not more than 25 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.
      If the building be a dwelling or if the life of any person be
    placed in jeopardy, he shall be fined under this title or
    imprisoned for any term of years or for life, or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147;
    Pub. L. 104-132, title VII, Sec. 708(b), Apr. 24, 1996, 110 Stat.
    1296; Pub. L. 107-56, title VIII, Secs. 810(a), 811(a), Oct. 26,
    2001, 115 Stat. 380, 381.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Secs. 464, 465 (Mar. 4,
    1909, ch. 321, Secs. 285, 286, 35 Stat. 1144).
      Sections were consolidated and rewritten both as to form and
    substance and that part of each section relating to destruction of
    property by means other than burning constitutes section 1363 of
    this title.
      The words "within the maritime and territorial jurisdiction of
    the United States" were added to preserve existing limitations of
    territorial applicability. (See section 7 of this title and note
    thereunder.)
      The phrase "any building, structure, or vessel, any machinery or
    building materials and supplies, military or naval stores,
    munitions of war or any structural aids or appliances for
    navigation or shipping" was substituted for "any dwelling house, or
    any store, barn, stable, or other building, parcel of a dwelling
    house", in section 464 of title 18, U.S.C., 1940 ed., and "any
    arsenal, armory, magazine, rope walk, ship house, warehouse,
    blockhouse, or barrack, or any storehouse, barn or stable, not
    parcel of a dwelling house, or any other building not mentioned in
    the section last preceding, or any vessel, built, building, or
    undergoing repair, or any lighthouse, or beacon, or any machinery,
    timber, cables, rigging, or other materials or appliances for
    building, repairing or fitting out vessels, or any pile of wood,
    boards, or other lumber, or any military, naval or victualing
    stores, arms, or other munitions of war", in section 465 of title
    18, U.S.C., 1940 ed. The substituted phrase is a concise and
    comprehensive description of the things enumerated in both
    sections.
      The punishment provisions are new and are graduated with some
    regard to the gravity of the offense. It was felt that a possible
    punishment of 20 years for burning a wood pile or injuring or
    destroying an outbuilding was disproportionate and not in harmony
    with recent legislation.
                                AMENDMENTS
      2001 - Pub. L. 107-56, in first par., struck out ", or attempts
    to set fire to or burn" after "maliciously sets fire to or burns"
    and inserted "or attempts or conspires to do such an act," before
    "shall be imprisoned" and, in second par., substituted "for any
    term of years or for life" for "not more than twenty years".
      1996 - Pub. L. 104-132, in first par., substituted "imprisoned
    for not more than 25 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" for "fined under this title or
    imprisoned not more than five years, or both".
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $1,000" in first par. and for "fined not more
    than $5,000" in second par.