USC TITLE 18 CH 113B § 2332b Acts terrorism transcending
national boundaries
(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) ofsection 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).