TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
HEAD
Sec. 2332b. Acts of terrorism transcending national boundaries
STATUTE
(a) Prohibited Acts. -
(1) Offenses. - Whoever, involving conduct transcending
national boundaries and in a circumstance described in subsection
(b) -
(A) kills, kidnaps, maims, commits an assault resulting in
serious bodily injury, or assaults with a dangerous weapon any
person within the United States; or
(B) creates a substantial risk of serious bodily injury to
any other person by destroying or damaging any structure,
conveyance, or other real or personal property within the
United States or by attempting or conspiring to destroy or
damage any structure, conveyance, or other real or personal
property within the United States;
in violation of the laws of any State, or the United States,
shall be punished as prescribed in subsection (c).
(2) Treatment of threats, attempts and conspiracies. - Whoever
threatens to commit an offense under paragraph (1), or attempts
or conspires to do so, shall be punished under subsection (c).
(b) Jurisdictional Bases. -
(1) Circumstances. - The circumstances referred to in
subsection (a) are -
(A) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
(B) the offense obstructs, delays, or affects interstate or
foreign commerce, or would have so obstructed, delayed, or
affected interstate or foreign commerce if the offense had been
consummated;
(C) the victim, or intended victim, is the United States
Government, a member of the uniformed services, or any
official, officer, employee, or agent of the legislative,
executive, or judicial branches, or of any department or
agency, of the United States;
(D) the structure, conveyance, or other real or personal
property is, in whole or in part, owned, possessed, or leased
to the United States, or any department or agency of the United
States;
(E) the offense is committed in the territorial sea
(including the airspace above and the seabed and subsoil below,
and artificial islands and fixed structures erected thereon) of
the United States; or
(F) the offense is committed within the special maritime and
territorial jurisdiction of the United States.
(2) Co-conspirators and accessories after the fact. -
Jurisdiction shall exist over all principals and co-conspirators
of an offense under this section, and accessories after the fact
to any offense under this section, if at least one of the
circumstances described in subparagraphs (A) through (F) of
paragraph (1) is applicable to at least one offender.
(c) Penalties. -
(1) Penalties. - Whoever violates this section shall be
punished -
(A) for a killing, or if death results to any person from any
other conduct prohibited by this section, by death, or by
imprisonment for any term of years or for life;
(B) for kidnapping, by imprisonment for any term of years or
for life;
(C) for maiming, by imprisonment for not more than 35 years;
(D) for assault with a dangerous weapon or assault resulting
in serious bodily injury, by imprisonment for not more than 30
years;
(E) for destroying or damaging any structure, conveyance, or
other real or personal property, by imprisonment for not more
than 25 years;
(F) for attempting or conspiring to commit an offense, for
any term of years up to the maximum punishment that would have
applied had the offense been completed; and
(G) for threatening to commit an offense under this section,
by imprisonment for not more than 10 years.
(2) Consecutive sentence. - Notwithstanding any other provision
of law, the court shall not place on probation any person
convicted of a violation of this section; nor shall the term of
imprisonment imposed under this section run concurrently with any
other term of imprisonment.
(d) Proof Requirements. - The following shall apply to
prosecutions under this section:
(1) Knowledge. - The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base alleged in
the indictment.
(2) State law. - In a prosecution under this section that is
based upon the adoption of State law, only the elements of the
offense under State law, and not any provisions pertaining to
criminal procedure or evidence, are adopted.
(e) Extraterritorial Jurisdiction. - There is extraterritorial
Federal jurisdiction -
(1) over any offense under subsection (a), including any
threat, attempt, or conspiracy to commit such offense; and
(2) over conduct which, under section 3, renders any person an
accessory after the fact to an offense under subsection (a).
(f) Investigative Authority. - In addition to any other
investigative authority with respect to violations of this title,
the Attorney General shall have primary investigative
responsibility for all Federal crimes of terrorism, and any
violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,
1366(b), 1366(c), 1751(e), 2152, or 2156 of this title, and the
Secretary of the Treasury shall assist the Attorney General at the
request of the Attorney General. Nothing in this section shall be
construed to interfere with the authority of the United States
Secret Service under section 3056.
(g) Definitions. - As used in this section -
(1) the term "conduct transcending national boundaries" means
conduct occurring outside of the United States in addition to the
conduct occurring in the United States;
(2) the term "facility of interstate or foreign commerce" has
the meaning given that term in section 1958(b)(2);
(3) the term "serious bodily injury" has the meaning given that
term in section 1365(g)(3); (!1)
(4) the term "territorial sea of the United States" means all
waters extending seaward to 12 nautical miles from the baselines
of the United States, determined in accordance with international
law; and
(5) the term "Federal crime of terrorism" means an offense that
-
(A) is calculated to influence or affect the conduct of
government by intimidation or coercion, or to retaliate against
government conduct; and
(B) is a violation of -
(i) section 32 (relating to destruction of aircraft or
aircraft facilities), 37 (relating to violence at
international airports), 81 (relating to arson within special
maritime and territorial jurisdiction), 175 or 175b (relating
to biological weapons), 175c (relating to variola virus), 229
(relating to chemical weapons), subsection (a), (b), (c), or
(d) of section 351 (relating to congressional, cabinet, and
Supreme Court assassination and kidnaping), 831 (relating to
nuclear materials), 832 (relating to participation in nuclear
and weapons of mass destruction threats to the United States)
(!2) 842(m) or (n) (relating to plastic explosives),
844(f)(2) or (3) (relating to arson and bombing of Government
property risking or causing death), 844(i) (relating to arson
and bombing of property used in interstate commerce), 930(c)
(relating to killing or attempted killing during an attack on
a Federal facility with a dangerous weapon), 956(a)(1)
(relating to conspiracy to murder, kidnap, or maim persons
abroad), 1030(a)(1) (relating to protection of computers),
1030(a)(5)(A) resulting in damage as defined in
1030(c)(4)(A)(i)(II) through (VI) (relating to protection of
computers), 1114 (relating to killing or attempted killing of
officers and employees of the United States), 1116 (relating
to murder or manslaughter of foreign officials, official
guests, or internationally protected persons), 1203 (relating
to hostage taking), 1361 (relating to government property or
contracts), 1362 (relating to destruction of communication
lines, stations, or systems), 1363 (relating to injury to
buildings or property within special maritime and territorial
jurisdiction of the United States), 1366(a) (relating to
destruction of an energy facility), 1751(a), (b), (c), or (d)
(relating to Presidential and Presidential staff
assassination and kidnaping), 1992 (relating to terrorist
attacks and other acts of violence against railroad carriers
and against mass transportation systems on land, on water, or
through the air), 2155 (relating to destruction of national
defense materials, premises, or utilities), 2156 (relating to
national defense material, premises, or utilities), 2280
(relating to violence against maritime navigation), 2281
(relating to violence against maritime fixed platforms), 2332
(relating to certain homicides and other violence against
United States nationals occurring outside of the United
States), 2332a (relating to use of weapons of mass
destruction), 2332b (relating to acts of terrorism
transcending national boundaries), 2332f (relating to bombing
of public places and facilities), 2332g (relating to missile
systems designed to destroy aircraft), 2332h (relating to
radiological dispersal devices), 2339 (relating to harboring
terrorists), 2339A (relating to providing material support to
terrorists), 2339B (relating to providing material support to
terrorist organizations), 2339C (relating to financing of
terrorism), 2339D (relating to military-type training from a
foreign terrorist organization), or 2340A (relating to
torture) of this title;
(ii) sections 92 (relating to prohibitions governing atomic
weapons) or 236 (relating to sabotage of nuclear facilities
or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2122 or
2284);
(iii) section 46502 (relating to aircraft piracy), the
second sentence of section 46504 (relating to assault on a
flight crew with a dangerous weapon), section 46505(b)(3) or
(c) (relating to explosive or incendiary devices, or
endangerment of human life by means of weapons, on aircraft),
section 46506 if homicide or attempted homicide is involved
(relating to application of certain criminal laws to acts on
aircraft), or section 60123(b) (relating to destruction of
interstate gas or hazardous liquid pipeline facility) of
title 49; or
(iv) section 1010A of the Controlled Substances Import and
Export Act (relating to narco-terrorism).
SOURCE
(Added Pub. L. 104-132, title VII, Sec. 702(a), Apr. 24, 1996, 110
Stat. 1291; amended Pub. L. 104-294, title VI, Sec. 601(s)(1), (3),
Oct. 11, 1996, 110 Stat. 3502; Pub. L. 107-56, title VIII, Sec.
808, Oct. 26, 2001, 115 Stat. 378; Pub. L. 107-197, title III, Sec.
301(b), June 25, 2002, 116 Stat. 728; Pub. L. 108-458, title VI,
Secs. 6603(a)(1), 6803(c)(3), 6908, Dec. 17, 2004, 118 Stat. 3762,
3769, 3774; Pub. L. 109-177, title I, Secs. 110(b)(3)(A), 112, Mar.
9, 2006, 120 Stat. 208, 209; Pub. L. 110-326, title II, Sec.
204(b), Sept. 26, 2008, 122 Stat. 3562.)
REFERENCES IN TEXT
Section 1365(g)(3), referred to in subsec. (g)(3), was
redesignated section 1365(h)(3) by Pub. L. 107-307, Sec. 2(1), Dec.
2, 2002, 116 Stat. 2445.
Section 1010A of the Controlled Substances Import and Export Act,
referred to in subsec. (g)(5)(B)(iv), is classified to section 960a
of Title 21, Food and Drugs.
AMENDMENTS
2008 - Subsec. (g)(5)(B)(i). Pub. L. 110-326 substituted
"1030(a)(5)(A) resulting in damage as defined in
1030(c)(4)(A)(i)(II) through (VI)" for "1030(a)(5)(A)(i) resulting
in damage as defined in 1030(a)(5)(B)(ii) through (v)".
2006 - Subsec. (g)(5)(B)(i). Pub. L. 109-177, Secs. 110(b)(3)(A),
112(a)(1), (b), substituted "1992 (relating to terrorist attacks
and other acts of violence against railroad carriers and against
mass transportation systems on land, on water, or through the
air)," for "1992 (relating to wrecking trains), 1993 (relating to
terrorist attacks and other acts of violence against mass
transportation systems)," and "terrorism), 2339D (relating to
military-type training from a foreign terrorist organization), or
2340A" for "terrorism, or 2340A".
Subsec. (g)(5)(B)(iv). Pub. L. 109-177, Sec. 112(a)(2)-(4), added
cl. (iv).
2004 - Subsec. (g)(5)(B)(i). Pub. L. 108-458, Sec. 6908(1),
inserted "175c (relating to variola virus)," after "175 or 175b
(relating to biological weapons)," and "2332g (relating to missile
systems designed to destroy aircraft), 2332h (relating to
radiological dispersal devices)," before "2339 (relating to
harboring terrorists)".
Pub. L. 108-458, Sec. 6803(c)(3), inserted "832 (relating to
participation in nuclear and weapons of mass destruction threats to
the United States)" after "831 (relating to nuclear materials),".
Pub. L. 108-458, Sec. 6603(a)(1), inserted "1361 (relating to
government property or contracts)," after "1203 (relating to
hostage taking)," and "2156 (relating to national defense material,
premises, or utilities)," after "2155 (relating to destruction of
national defense materials, premises, or utilities),".
Subsec. (g)(5)(B)(ii). Pub. L. 108-458, Sec. 6908(2), substituted
"sections 92 (relating to prohibitions governing atomic weapons)
or" for "section" and inserted "2122 or" before "2284".
2002 - Subsec. (g)(5)(B)(i). Pub. L. 107-197 inserted "2332f
(relating to bombing of public places and facilities)," after
"2332b (relating to acts of terrorism transcending national
boundaries)," and "2339C (relating to financing of terrorism,"
after "2339B (relating to providing material support to terrorist
organizations),".
2001 - Subsec. (f). Pub. L. 107-56, Sec. 808(1), inserted "and
any violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,
1366(b), 1366(c), 1751(e), 2152, or 2156 of this title," before
"and the Secretary".
Subsec. (g)(5)(B)(i) to (iii). Pub. L. 107-56, Sec. 808(2), added
cls. (i) to (iii) and struck out former cls. (i) to (iii),
inserting references to sections 175b, 229, 1030, 1993, and 2339 of
this title and striking out references to 1361, 2152, 2156, 2332c
of this title in cl. (i) and inserting references to sections
46504, 46505, and 46506 of title 49 in cl. (iii).
1996 - Subsec. (b)(1)(A). Pub. L. 104-294, Sec. 601(s)(1), struck
out "any of the offenders uses" before "the mail or any facility"
and inserted "is used" after "foreign commerce".
Subsec. (g)(5)(B)(i). Pub. L. 104-294, Sec. 601(s)(3), inserted
"930(c)," before "956 (relating to conspiracy to injure property of
a foreign government)", "1992," before "2152 (relating to injury of
fortifications, harbor defenses, or defensive sea areas)", and
"2332c," before "2339A (relating to providing material support to
terrorists)".
TERMINATION DATE OF 2004 AMENDMENT
Pub. L. 108-458, title VI, Sec. 6603(g), Dec. 17, 2004, 118 Stat.
3764, which provided that section 6603 of Pub. L. 108-458 (amending
this section and sections 2339A and 2339B of this title) and the
amendments made by section 6603 would cease to be effective on Dec.
31, 2006, with certain exceptions, was repealed by Pub. L. 109-177,
title I, Sec. 104, Mar. 9, 2006, 120 Stat. 195.
TRANSFER OF FUNCTIONS
For transfer of the functions, personnel, assets, and obligations
of the United States Secret Service, including the functions of the
Secretary of the Treasury relating thereto, to the Secretary of
Homeland Security, and for treatment of related references, see
sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public
Lands.
FOOTNOTE
(!1) See References in Text note below.
(!2) So in original. Probably should be followed by a comma.
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