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18 USC Sec. 2332b
01/26/98
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
HEADING
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 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);
(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 (relating to
biological weapons), 351 (relating to congressional, cabinet, and Supreme Court assassination, kidnapping, and assault),
831 (relating to nuclear materials), 842(m) or (n) (relating to plastic explosives), 844(e) (relating to certain
bombings), 844(f) or (i) (relating to arson and bombing of certain property), 930(c), 956 (relating to conspiracy to
injure property of a foreign government), 1114 (relating to protection 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 injury of 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 (relating to destruction of an energy
facility), 1751 (relating to Presidential and Presidential staff assassination, kidnapping, and assault), 1992, 2152
(relating to injury of fortifications, harbor defenses, or defensive sea areas), 2155 (relating to destruction of
national defense materials, premises, or utilities), 2156 (relating to production of defective national defense
materials, 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), 2332c, 2339A (relating to providing material
support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to
torture);
(ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284); or
(iii) section 46502 (relating to aircraft piracy) or section 60123(b) (relating to destruction of interstate gas
or hazardous liquid pipeline facility) of title 49.
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.)
MISCELLANEOUS
AMENDMENTS
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)''.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2339A, 3142, 3286
of this title.
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