CITE
18 USC Sec. 2332a 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113B - TERRORISM
HEAD
Sec. 2332a. Use of weapons of mass destruction
STATUTE
(a) Offense Against a National of the United States or Within the
United States. - A person who, without lawful authority, uses,
threatens, or attempts or conspires to use, a weapon of mass
destruction -
(1) against a national of the United States while such national
is outside of the United States;
(2) against any person or property within the United States,
and
(A) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
(B) such property is used in interstate or foreign commerce
or in an activity that affects interstate or foreign commerce;
(C) any perpetrator travels in or causes another to travel in
interstate or foreign commerce in furtherance of the offense;
or
(D) the offense, or the results of the offense, affect
interstate or foreign commerce, or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or
foreign commerce;
(3) against any property that is owned, leased or used by the
United States or by any department or agency of the United
States, whether the property is within or outside of the United
States; or
(4) against any property within the United States that is
owned, leased, or used by a foreign government,
shall be imprisoned for any term of years or for life, and if death
results, shall be punished by death or imprisoned for any term of
years or for life.
(b) Offense by National of the United States Outside of the
United States. - Any national of the United States who, without
lawful authority, uses, or threatens, attempts, or conspires to
use, a weapon of mass destruction outside of the United States
shall be imprisoned for any term of years or for life, and if death
results, shall be punished by death, or by imprisonment for any
term of years or for life.
(c) Definitions. - For purposes of this section -
(1) the term "national of the United States" has the meaning
given in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22));
(2) the term "weapon of mass destruction" means -
(A) any destructive device as defined in section 921 of this
title;
(B) any weapon that is designed or intended to cause death or
serious bodily injury through the release, dissemination, or
impact of toxic or poisonous chemicals, or their precursors;
(C) any weapon involving a biological agent, toxin, or vector
(as those terms are defined in section 178 of this title); or
(D) any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life; and
(3) the term "property" includes all real and personal
property.
SOURCE
(Added Pub. L. 103-322, title VI, Sec. 60023(a), Sept. 13, 1994,
108 Stat. 1980; amended Pub. L. 104-132, title V, Sec. 511(c),
title VII, Sec. 725, Apr. 24, 1996, 110 Stat. 1284, 1300; Pub. L.
104-294, title VI, Sec. 605(m), Oct. 11, 1996, 110 Stat. 3510; Pub.
L. 105-277, div. I, title II, Sec. 201(b)(1), Oct. 21, 1998, 112
Stat. 2681-871; Pub. L. 107-188, title II, Sec. 231(d), June 12,
2002, 116 Stat. 661; Pub. L. 108-458, title VI, Sec. 6802(a), (b),
Dec. 17, 2004, 118 Stat. 3766, 3767.)
AMENDMENTS
2004 - Pub. L. 108-458, Sec. 6802(b)(1), struck out "certain"
before "weapons" in section catchline.
Subsec. (a). Pub. L. 108-458, Sec. 6802(b)(2), struck out "(other
than a chemical weapon as that term is defined in section 229F)"
after "mass destruction" in introductory provisions.
Subsec. (a)(2). Pub. L. 108-458, Sec. 6802(a)(1), amended par.
(2) generally. Prior to amendment, par. (2) read as follows:
"against any person within the United States, and the results of
such use affect interstate or foreign commerce or, in the case of a
threat, attempt, or conspiracy, would have affected interstate or
foreign commerce; or".
Subsec. (a)(4). Pub. L. 108-458, Sec. 6802(a)(2), (3), added par.
(4).
Subsec. (b). Pub. L. 108-458, Sec. 6802(b)(3), struck out "(other
than a chemical weapon (as that term is defined in section 229F))"
after "mass destruction".
Subsec. (c)(3). Pub. L. 108-458, Sec. 6802(a)(4)-(6), added par.
(3).
2002 - Subsec. (a). Pub. L. 107-188, Sec. 231(d)(1), substituted
"section 229F) - " for "section 229F), including any biological
agent, toxin, or vector (as those terms are defined in section 178)
- " in introductory provisions.
Subsec. (c)(2)(C). Pub. L. 107-188, Sec. 231(d)(2), substituted
"a biological agent, toxin, or vector (as those terms are defined
in section 178 of this title)" for "a disease organism".
1998 - Pub. L. 105-277, Sec. 201(b)(1)(A), inserted "certain"
before "weapons" in section catchline.
Subsec. (a). Pub. L. 105-277, Sec. 201(b)(1)(B), inserted "(other
than a chemical weapon as that term is defined in section 229F)"
after "weapon of mass destruction" in introductory provisions.
Subsec. (b). Pub. L. 105-277, Sec. 201(b)(1)(C), inserted "(other
than a chemical weapon (as that term is defined in section 229F))"
after "weapon of mass destruction".
1996 - Subsec. (a). Pub. L. 104-132, Secs. 511(c), 725(1)(A),
(B), in heading, inserted "Against a National of the United States
or Within the United States" after "Offense", and in introductory
provisions, substituted ", without lawful authority, uses,
threatens, or attempts" for "uses, or attempts" and inserted ",
including any biological agent, toxin, or vector (as those terms
are defined in section 178)" after "mass destruction".
Subsec. (a)(2). Pub. L. 104-132, Sec. 725(1)(C), inserted before
semicolon at end ", and the results of such use affect interstate
or foreign commerce or, in the case of a threat, attempt, or
conspiracy, would have affected interstate or foreign commerce".
Subsec. (b). Pub. L. 104-132, Sec. 725(4), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (b)(2)(B). Pub. L. 104-132, Sec. 725(2), as amended by
Pub. L. 104-294, Sec. 605(m), added subpar. (B) and struck out
former subpar. (B) which read as follows: "poison gas;".
Subsec. (c). Pub. L. 104-132, Sec. 725(3), redesignated subsec.
(b) as (c).