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CITE

    18 USC Sec. 2332b                                           01/05/2009

EXPCITE

    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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