US (United States) Code. Title 18. Chapter 105: Sabotage

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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18 USC CHAPTER 105 - SABOTAGE 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 105 - SABOTAGE

.

-HEAD-

CHAPTER 105 - SABOTAGE

-MISC1-

Sec.

2151. Definitions.

2152. Fortifications, harbor defenses, or defensive sea areas.

2153. Destruction of war material, war premises or war utilities.

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

2154. Production of defective war material, war premises or war

utilities. (FOOTNOTE 1)

2155. Destruction of national-defense materials, national-defense

premises, or national-defense utilities.

2156. Production of defective national-defense material,

national-defense premises, or national-defense utilities.

(2157. Repealed.)

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 601(f)(11), Oct. 11, 1996,

110 Stat. 3500, substituted '', or'' for ''or'' in items 2155 and

2156.

1994 - Pub. L. 103-322, title XXXIII, Sec. 330004(13), Sept. 13,

1994, 108 Stat. 2142, struck out item 2157 ''Temporary extension of

sections 2153 and 2154''.

1954 - Act Sept. 3, 1954, ch. 1261, Sec. 106, 68 Stat. 1219,

amended items 2153 to 2156 generally.

1953 - Act June 30, 1953, ch. 175, Sec. 1, 67 Stat. 133, added

item 2157.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2516 of this title; title

5 section 8312; title 8 section 1227; title 22 section 2778; title

38 section 6105; title 42 section 402; title 50 section 1801.

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18 USC Sec. 2151 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 105 - SABOTAGE

-HEAD-

Sec. 2151. Definitions

-STATUTE-

As used in this chapter:

The words ''war material'' include arms, armament, ammunition,

livestock, forage, forest products and standing timber, stores of

clothing, air, water, food, foodstuffs, fuel, supplies, munitions,

and all articles, parts or ingredients, intended for, adapted to,

or suitable for the use of the United States or any associate

nation, in connection with the conduct of war or defense

activities.

The words ''war premises'' include all buildings, grounds, mines,

or other places wherein such war material is being produced,

manufactured, repaired, stored, mined, extracted, distributed,

loaded, unloaded, or transported, together with all machinery and

appliances therein contained; and all forts, arsenals, navy yards,

camps, prisons, or other installations of the Armed Forces of the

United States, or any associate nation.

The words ''war utilities'' include all railroads, railways,

electric lines, roads of whatever description, any railroad or

railway fixture, canal, lock, dam, wharf, pier, dock, bridge,

building, structure, engine, machine, mechanical contrivance, car,

vehicle, boat, aircraft, airfields, air lanes, and fixtures or

appurtenances thereof, or any other means of transportation

whatsoever, whereon or whereby such war material or any troops of

the United States, or of any associate nation, are being or may be

transported either within the limits of the United States or upon

the high seas or elsewhere; and all air-conditioning systems, dams,

reservoirs, aqueducts, water and gas mains and pipes, structures

and buildings, whereby or in connection with which air, water or

gas is being furnished, or may be furnished, to any war premises or

to the Armed Forces of the United States, or any associate nation,

and all electric light and power, steam or pneumatic power,

telephone and telegraph plants, poles, wires, and fixtures, and

wireless stations, and the buildings connected with the maintenance

and operation thereof used to supply air, water, light, heat,

power, or facilities of communication to any war premises or to the

Armed Forces of the United States, or any associate nation.

The words ''associate nation'' mean any nation at war with any

nation with which the United States is at war.

The words ''national-defense material'' include arms, armament,

ammunition, livestock, forage, forest products and standing timber,

stores of clothing, air, water, food, foodstuffs, fuel, supplies,

munitions, and all other articles of whatever description and any

part or ingredient thereof, intended for, adapted to, or suitable

for the use of the United States in connection with the national

defense or for use in or in connection with the producing,

manufacturing, repairing, storing, mining, extracting,

distributing, loading, unloading, or transporting of any of the

materials or other articles hereinbefore mentioned or any part or

ingredient thereof.

The words ''national-defense premises'' include all buildings,

grounds, mines, or other places wherein such national-defense

material is being produced, manufactured, repaired, stored, mined,

extracted, distributed, loaded, unloaded, or transported, together

with all machinery and appliances therein contained; and all forts,

arsenals, navy yards, camps, prisons, or other installations of the

Armed Forces of the United States.

The words ''national-defense utilities'' include all railroads,

railways, electric lines, roads of whatever description, railroad

or railway fixture, canal, lock, dam, wharf, pier, dock, bridge,

building, structure, engine, machine, mechanical contrivance, car,

vehicle, boat, aircraft, airfields, air lanes, and fixtures or

appurtenances thereof, or any other means of transportation

whatsoever, whereon or whereby such national-defense material, or

any troops of the United States, are being or may be transported

either within the limits of the United States or upon the high seas

or elsewhere; and all air-conditioning systems, dams, reservoirs,

aqueducts, water and gas mains and pipes, structures, and

buildings, whereby or in connection with which air, water, or gas

may be furnished to any national-defense premises or to the Armed

Forces of the United States, and all electric light and power,

steam or pneumatic power, telephone and telegraph plants, poles,

wires, and fixtures and wireless stations, and the buildings

connected with the maintenance and operation thereof used to supply

air, water, light, heat, power, or facilities of communication to

any national-defense premises or to the Armed Forces of the United

States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 798; June 30, 1953, ch. 175, Sec.

2, 67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, Sec. 101, 68

Stat. 1216.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 101, 104, of title 50, U.S.C., 1940 ed., War

and National Defense (Apr. 20, 1918, ch. 59, Sec. 1, 4, 40 Stat.

533; Nov. 30, 1940, ch. 926, 54 Stat. 1220; Aug. 21, 1941, ch. 388,

55 Stat. 655; Dec. 24, 1942, ch. 824, 56 Stat. 1087).

Section consolidated definitive sections 101 and 104 of title 50,

U.S.C., 1940 ed., War and National Defense.

Words ''As used in this chapter'' were inserted at beginning for

brevity.

Definition of ''United States'', was omitted as covered by

section 5 of this title.

Minor changes were made in phraseology and translations.

AMENDMENTS

1954 - Act Sept. 3, 1954, redefined and enlarged definitions.

1953 - Act June 30, 1953, inserted ''or defense activities''

after ''conduct of war'' in definition of ''war material''.

SHORT TITLE

Section 1 of act Sept. 3, 1954, provided that: ''This Act

(amending this section and sections 794 and 2153 to 2156 of this

title) may be cited as the 'Espionage and Sabotage Act of 1954'.''

REPEALS

Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed

Joint Res. July 3, 1952, ch. 570, Sec. 1(a)(29), 66 Stat. 333;

Joint Res. Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18, formerly

cited as credits to this section and also formerly set out as a

note under this section.

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18 USC Sec. 2152 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 105 - SABOTAGE

-HEAD-

Sec. 2152. Fortifications, harbor defenses, or defensive sea areas

-STATUTE-

Whoever willfully trespasses upon, injures, or destroys any of

the works or property or material of any submarine mine or torpedo

or fortification or harbor-defense system owned or constructed or

in process of construction by the United States; or

Whoever willfully interferes with the operation or use of any

such submarine mine, torpedo, fortification, or harbor-defense

system; or

Whoever knowingly, willfully, or wantonly violates any duly

authorized and promulgated order or regulation of the President

governing persons or vessels within the limits of defensive sea

areas, which the President, for purposes of national defense, may

from time to time establish by executive order -

Shall be fined under this title or imprisoned not more than five

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 799; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 96 (Mar. 4, 1909, ch.

321, Sec. 44, 35 Stat. 1097; Mar. 4, 1917, ch. 180, 39 Stat. 1194;

May 22, 1917, ch. 20, Sec. 19, 40 Stat. 89).

Jurisdiction and venue provisions were omitted as unnecessary and

inconsistent with Rule 18 of the Federal Rules of Criminal

Procedure providing for prosecution where the offense is committed,

and section 3238 of this title providing that trial of offenses

committed outside any district shall be in the district where the

offender is found, or into which he is first brought.

Words ''on conviction thereof'' were omitted as surplusage as

punishment cannot be imposed until conviction is had.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

-EXEC-

EXECUTIVE ORDER NO. 10361

Ex. Ord. No. 10361, June 12, 1952, 17 F.R. 5357, formerly set out

under this section, which established the Whittier Defensive Sea

Area, Alaska, was revoked by Ex. Ord. No. 11549, July 28, 1970, 35

F.R. 12191.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2332b of this title.

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18 USC Sec. 2153 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 105 - SABOTAGE

-HEAD-

Sec. 2153. Destruction of war material, war premises, or war

utilities

-STATUTE-

(a) Whoever, when the United States is at war, or in times of

national emergency as declared by the President or by the Congress,

with intent to injure, interfere with, or obstruct the United

States or any associate nation in preparing for or carrying on the

war or defense activities, or, with reason to believe that his act

may injure, interfere with, or obstruct the United States or any

associate nation in preparing for or carrying on the war or defense

activities, willfully injures, destroys, contaminates or infects,

or attempts to so injure, destroy, contaminate or infect any war

material, war premises, or war utilities, shall be fined under this

title or imprisoned not more than thirty years, or both.

(b) If two or more persons conspire to violate this section, and

one or more of such persons do any act to effect the object of the

conspiracy, each of the parties to such conspiracy shall be

punished as provided in subsection (a) of this section.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 799; June 30, 1953, ch. 175, Sec.

2, 67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, Sec. 102, 68

Stat. 1217; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept.

13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 102 of title 50, U.S.C., 1940 ed., War and

National Defense (Apr. 20, 1918, ch. 59, Sec. 2, 40 Stat. 534).

''As herein defined'' was deleted as surplusage.

The conspiracy provisions are new. Their addition to the section

was strongly urged by the Criminal Division of the Department of

Justice, considering the gravity of the substantive offense as

evidenced by the prescribed punishment therefor. The punishment

provisions of the general conspiracy statute, section 371 of this

title, are inadequate.

Words ''upon conviction thereof'' were omitted as unnecessary

since punishment cannot be imposed until a conviction is secured.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

1954 - Act Sept. 3, 1954, made section applicable in time of

national emergency as well as war, and recognized the possibility

of bacteriological warfare by making ''contamination'' a crime.

1953 - Subsec. (a). Act June 30, 1953, inserted ''or defense

activities'' after ''carrying on the war''.

REPEALS

Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed

Joint Res. July 3, 1952, ch. 570, Sec. 1(a)(29), 66 Stat. 333;

Joint Res. Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18, formerly

cited as credits to this section and also formerly set out as a

note under this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1101.

-CITE-

18 USC Sec. 2154 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 105 - SABOTAGE

-HEAD-

Sec. 2154. Production of defective war material, war premises, or

war utilities

-STATUTE-

(a) Whoever, when the United States is at war, or in times of

national emergency as declared by the President or by the Congress,

with intent to injure, interfere with, or obstruct the United

States or any associate nation in preparing for or carrying on the

war or defense activities, or, with reason to believe that his act

may injure, interfere with, or obstruct the United States or any

associate nation in preparing for or carrying on the war or defense

activities, willfully makes, constructs, or causes to be made or

constructed in a defective manner, or attempts to make, construct,

or cause to be made or constructed in a defective manner any war

material, war premises or war utilities, or any tool, implement,

machine, utensil, or receptacle used or employed in making,

producing, manufacturing, or repairing any such war material, war

premises or war utilities, shall be fined under this title or

imprisoned not more than thirty years, or both.

(b) If two or more persons conspire to violate this section, and

one or more of such persons do any act to effect the object of the

conspiracy, each of the parties to such conspiracy shall be

punished as provided in subsection (a) of this section.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 799; June 30, 1953, ch. 175, Sec.

2, 67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, Sec. 103, 68

Stat. 1218; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept.

13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 103 of title 50, U.S.C., 1940 ed., War and

National Defense (Apr. 20, 1918, ch. 59, Sec. 3, 40 Stat. 534).

The conspiracy provisions are new. Their addition to the section

was strongly urged by the Criminal Division of the Department of

Justice, considering the gravity of the substantive offense as

evidenced by the prescribed punishment therefor. The punishment

provisions of the general conspiracy statute, section 371 of this

title, are inadequate.

Words ''upon conviction thereof'' were omitted as unnecessary,

since punishment cannot be imposed until a conviction is secured.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

1954 - Act Sept. 3, 1954, made section applicable in time of

national emergency, and enlarged its scope by bringing ''war

premises, or war utilities'' within jurisdiction of section.

1953 - Subsec. (a). Act June 30, 1953, inserted ''or defense

activities'' after ''carrying on the war''.

REPEALS

Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed

Joint Res. July 3, 1952, ch. 570, Sec. 1(a)(29), 66 Stat. 333;

Joint Res. Mar. 31, 1953, ch. 13, Sec. 1, 67 Stat. 18, formerly

cited as credits to this section and also formerly set out as a

note under this section.

-CITE-

18 USC Sec. 2155 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 105 - SABOTAGE

-HEAD-

Sec. 2155. Destruction of national-defense materials,

national-defense premises, or national-defense utilities

-STATUTE-

(a) Whoever, with intent to injure, interfere with, or obstruct

the national defense of the United States, willfully injures,

destroys, contaminates or infects, or attempts to so injure,

destroy, contaminate or infect any national-defense material,

national-defense premises, or national-defense utilities, shall be

fined under this title or imprisoned not more than 20 years, or

both, and, if death results to any person, shall be imprisoned for

any term of years or for life.

(b) If two or more persons conspire to violate this section, and

one or more of such persons do any act to effect the object of the

conspiracy, each of the parties to such conspiracy shall be

punished as provided in subsection (a) of this section.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 799; Sept. 3, 1954, ch. 1261,

title I, Sec. 104, 68 Stat. 1218; Pub. L. 103-322, title XXXIII,

Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294,

title VI, Sec. 601(f)(12), Oct. 11, 1996, 110 Stat. 3500; Pub. L.

107-56, title VIII, Sec. 810(e), Oct. 26, 2001, 115 Stat. 380.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 105 of title 50, U.S.C., 1940 ed., War and

National Defense (Apr. 20, 1918, ch. 59, Sec. 5, as added Nov. 30,

1940, ch. 926, 54 Stat. 1221).

Words ''upon conviction thereof'' were omitted as unnecessary,

since punishment cannot be imposed until a conviction is secured.

Minor changes were made in phraseology.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-56 substituted ''20 years'' for

''ten years'' and inserted '', and, if death results to any person,

shall be imprisoned for any term of years or for life'' before

period at end.

1996 - Pub. L. 104-294 substituted '', or'' for ''or'' in section

catchline.

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

1954 - Act Sept. 3, 1954, inserted conspiracy provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2332b, 2339A of this

title.

-CITE-

18 USC Sec. 2156 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 105 - SABOTAGE

-HEAD-

Sec. 2156. Production of defective national-defense material,

national-defense premises, or national-defense utilities

-STATUTE-

(a) Whoever, with intent to injure, interfere with, or obstruct

the national defense of the United States, willfully makes,

constructs, or attempts to make or construct in a defective manner,

any national-defense material, national-defense premises or

national-defense utilities, or any tool, implement, machine,

utensil, or receptacle used or employed in making, producing,

manufacturing, or repairing any such national-defense material,

national-defense premises or national-defense utilities, shall be

fined under this title or imprisoned not more than ten years, or

both.

(b) If two or more persons conspire to violate this section, and

one or more of such persons do any act to effect the object of the

conspiracy, each of the parties to such conspiracy shall be

punished as provided in subsection (a) of this section.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 800; Sept. 3, 1954, ch. 1261,

title I, Sec. 105, 68 Stat. 1218; Pub. L. 103-322, title XXXIII,

Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294,

title VI, Sec. 601(f)(12), Oct. 11, 1996, 110 Stat. 3500.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 106 of title 50, U.S.C., 1940 ed., War and

National Defense (Apr. 20, 1918, ch. 59, Sec. 6, as added Nov. 30,

1940, ch. 926, 54 Stat. 1221).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Words ''upon conviction thereof'' were omitted as unnecessary,

since punishment cannot be imposed until a conviction is secured.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted '', or'' for ''or'' in section

catchline.

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

1954 - Act Sept. 3, 1954, inserted conspiracy provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2332b, 2339A of this

title.

-CITE-

18 USC Sec. 2157 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 105 - SABOTAGE

-HEAD-

(Sec. 2157. Repealed. Pub. L. 103-322, title XXXIII, Sec.

330004(13), Sept. 13, 1994, 108 Stat. 2142)

-MISC1-

Section, added June 30, 1953, ch. 175, Sec. 2, 67 Stat. 133,

related to temporary extension of sections 2153 and 2154 of this

title.

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