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CITE

    18 USC Sec. 1365                                            01/05/2009

EXPCITE

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

HEAD

    Sec. 1365. Tampering with consumer products

STATUTE

      (a) Whoever, with reckless disregard for the risk that another
    person will be placed in danger of death or bodily injury and under
    circumstances manifesting extreme indifference to such risk,
    tampers with any consumer product that affects interstate or
    foreign commerce, or the labeling of, or container for, any such
    product, or attempts to do so, shall -
        (1) in the case of an attempt, be fined under this title or
      imprisoned not more than ten years, or both;
        (2) if death of an individual results, be fined under this
      title or imprisoned for any term of years or for life, or both;
        (3) if serious bodily injury to any individual results, be
      fined under this title or imprisoned not more than twenty years,
      or both; and
        (4) in any other case, be fined under this title or imprisoned
      not more than ten years, or both.
      (b) Whoever, with intent to cause serious injury to the business
    of any person, taints any consumer product or renders materially
    false or misleading the labeling of, or container for, a consumer
    product, if such consumer product affects interstate or foreign
    commerce, shall be fined under this title or imprisoned not more
    than three years, or both.
      (c)(1) Whoever knowingly communicates false information that a
    consumer product has been tainted, if such product or the results
    of such communication affect interstate or foreign commerce, and if
    such tainting, had it occurred, would create a risk of death or
    bodily injury to another person, shall be fined under this title or
    imprisoned not more than five years, or both.
      (2) As used in paragraph (1) of this subsection, the term
    "communicates false information" means communicates information
    that is false and that the communicator knows is false, under
    circumstances in which the information may reasonably be expected
    to be believed.
      (d) Whoever knowingly threatens, under circumstances in which the
    threat may reasonably be expected to be believed, that conduct
    that, if it occurred, would violate subsection (a) of this section
    will occur, shall be fined under this title or imprisoned not more
    than five years, or both.
      (e) Whoever is a party to a conspiracy of two or more persons to
    commit an offense under subsection (a) of this section, if any of
    the parties intentionally engages in any conduct in furtherance of
    such offense, shall be fined under this title or imprisoned not
    more than ten years, or both.
      (f)(1) Whoever, without the consent of the manufacturer,
    retailer, or distributor, intentionally tampers with a consumer
    product that is sold in interstate or foreign commerce by knowingly
    placing or inserting any writing in the consumer product, or in the
    container for the consumer product, before the sale of the consumer
    product to any consumer shall be fined under this title, imprisoned
    not more than 1 year, or both.
      (2) Notwithstanding the provisions of paragraph (1), if any
    person commits a violation of this subsection after a prior
    conviction under this section becomes final, such person shall be
    fined under this title, imprisoned for not more than 3 years, or
    both.
      (3) In this subsection, the term "writing" means any form of
    representation or communication, including hand-bills, notices, or
    advertising, that contain letters, words, or pictorial
    representations.
      (g) In addition to any other agency which has authority to
    investigate violations of this section, the Food and Drug
    Administration and the Department of Agriculture, respectively,
    have authority to investigate violations of this section involving
    a consumer product that is regulated by a provision of law such
    Administration or Department, as the case may be, administers.
      (h) As used in this section -
        (1) the term "consumer product" means -
          (A) any "food", "drug", "device", or "cosmetic", as those
        terms are respectively defined in section 201 of the Federal
        Food, Drug, and Cosmetic Act (21 U.S.C. 321); or
          (B) any article, product, or commodity which is customarily
        produced or distributed for consumption by individuals, or use
        by individuals for purposes of personal care or in the
        performance of services ordinarily rendered within the
        household, and which is designed to be consumed or expended in
        the course of such consumption or use;
        (2) the term "labeling" has the meaning given such term in
      section 201(m) of the Federal Food, Drug, and Cosmetic Act (21
      U.S.C. 321(m));
        (3) the term "serious bodily injury" means bodily injury which
      involves -
          (A) a substantial risk of death;
          (B) extreme physical pain;
          (C) protracted and obvious disfigurement; or
          (D) protracted loss or impairment of the function of a bodily
        member, organ, or mental faculty; and
        (4) the term "bodily injury" means -
          (A) a cut, abrasion, bruise, burn, or disfigurement;
          (B) physical pain;
          (C) illness;
          (D) impairment of the function of a bodily member, organ, or
        mental faculty; or
          (E) any other injury to the body, no matter how temporary.

SOURCE

    (Added Pub. L. 98-127, Sec. 2, Oct. 13, 1983, 97 Stat. 831; amended
    Pub. L. 101-647, title XXXV, Sec. 3544, Nov. 29, 1990, 104 Stat.
    4926; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), (O), (Q),
    (S), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 107-307, Sec. 2,
    Dec. 2, 2002, 116 Stat. 2445.)

CODIFICATION

      Another section 1365 was renumbered section 1366 of this title.

AMENDMENTS

      2002 - Subsecs. (f) to (h). Pub. L. 107-307 added subsec. (f) and
    redesignated former subsecs. (f) and (g) as (g) and (h),
    respectively.
      1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 330016(1)(O),
    substituted "fined under this title" for "fined not more than
    $25,000".
      Subsec. (a)(2), (3). Pub. L. 103-322, Sec. 330016(1)(S),
    substituted "fined under this title" for "fined not more than
    $100,000".
      Subsec. (a)(4). Pub. L. 103-322, Sec. 330016(1)(Q), substituted
    "fined under this title" for "fined not more than $50,000".
      Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted
    "fined under this title" for "fined not more than $10,000".
      Subsecs. (c)(1), (d), (e). Pub. L. 103-322, Sec. 330016(1)(O),
    substituted "fined under this title" for "fined not more than
    $25,000".
      1990 - Subsec. (g)(1)(A). Pub. L. 101-647 inserted opening
    quotation marks before "device".
                       SHORT TITLE OF 2002 AMENDMENT
      Pub. L. 107-307, Sec. 1, Dec. 2, 2002, 116 Stat. 2445, provided
    that: "This Act [amending this section] may be cited as the
    'Product Packaging Protection Act of 2002'."
                                SHORT TITLE
      Section 1 of Pub. L. 98-127 provided: "That this Act [enacting
    this section and section 155A of Title 35, Patents] may be cited as
    the 'Federal Anti-Tampering Act'."