(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)(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), 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).
[1] See References in Text note below.
[2] So in original. Probably should be
followed by a comma.
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