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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