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U.S. Code as of:
01/19/04
Section 2332b. Acts of 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), 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), 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)(i) resulting in damage as defined in
1030(a)(5)(B)(ii) through (v) (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), 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
wrecking trains), 1993 (relating to terrorist attacks and
other acts of violence against mass transportation systems),
2155 (relating to destruction of 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), 2332f
(relating to bombing of public places and facilities), 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,(!2) or 2340A (relating
to torture) of this title;
(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), 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.
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