US (United States) Code. Title 18. Chapter 111: Shipping

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

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  • País: Estados Unidos Estados Unidos
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-CITE-

18 USC CHAPTER 111 - SHIPPING 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

.

-HEAD-

CHAPTER 111 - SHIPPING

-MISC1-

Sec.

2271. Conspiracy to destroy vessels.

2272. Destruction of vessel by owner.

2273. Destruction of vessel by nonowner.

2274. Destruction or misuse of vessel by person in charge.

2275. Firing or tampering with vessel. (FOOTNOTE 1)

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

catchline.

2276. Breaking and entering vessel.

2277. Explosives or dangerous weapons aboard vessels.

2278. Explosives on vessels carrying steerage passengers.

2279. Boarding vessels before arrival.

2280. Violence against maritime navigation.

2281. Violence against maritime fixed platforms.

AMENDMENTS

1994 - Pub. L. 103-322, title VI, Sec. 60019(b), Sept. 13, 1994,

108 Stat. 1979, added items 2280 and 2281.

1990 - Pub. L. 101-647, title XXXV, Sec. 3566, Nov. 29, 1990, 104

Stat. 4928, substituted ''vessels'' for ''vessel'' in item 2271.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 35, 2516 of this title.

-CITE-

18 USC Sec. 2271 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2271. Conspiracy to destroy vessels

-STATUTE-

Whoever, on the high seas, or within the United States, willfully

and corruptly conspires, combines, and confederates with any other

person, such other person being either within or without the United

States, to cast away or otherwise destroy any vessel, with intent

to injure any person that may have underwritten or may thereafter

underwrite any policy of insurance thereon or on goods on board

thereof, or with intent to injure any person that has lent or

advanced, or may lend or advance, any money on such vessel on

bottomry or respondentia; or

Whoever, within the United States, builds, or fits out any vessel

to be cast away or destroyed, with like intent -

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

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 487 (Mar. 4, 1909, ch.

321, Sec. 296, 35 Stat. 1146).

Mandatory punishment provision was rephrased in the alternative.

Reference to a person who ''aids in building or fitting out any

vessel'' was omitted as unnecessary in view of section 2 making all

aiders guilty as principal.

Changes in phraseology were made.

AMENDMENTS

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

''fined not more than $10,000'' in last par.

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18 USC Sec. 2272 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2272. Destruction of vessel by owner

-STATUTE-

Whoever, upon the high seas or on any other waters within the

admiralty and maritime jurisdiction of the United States, willfully

and corruptly casts away or otherwise destroys any vessel of which

he is owner, in whole or in part, with intent to injure any person

that may underwrite any policy of insurance thereon, or any

merchant that may have goods thereon, or any other owner of such

vessel, shall be imprisoned for life or for any term of years.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 803.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 491 (Mar. 4, 1909, ch.

321, Sec. 300, 35 Stat. 1147).

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18 USC Sec. 2273 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2273. Destruction of vessel by nonowner

-STATUTE-

Whoever, not being an owner, upon the high seas or on any other

waters within the admiralty and maritime jurisdiction of the United

States, willfully and corruptly casts away or otherwise destroys

any vessel of the United States to which he belongs, or willfully

attempts the destruction thereof, shall be imprisoned not more than

ten years.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 804.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 492 (Mar. 4, 1909, ch.

321, Sec. 301, 35 Stat. 1147).

Words ''with intent to destroy the same, sets fire to any such

vessel, or otherwise'' following ''willfully'' and preceding

''attempts'' were omitted as surplusage.

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18 USC Sec. 2274 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2274. Destruction or misuse of vessel by person in charge

-STATUTE-

Whoever, being the owner, master or person in charge or command

of any private vessel, foreign or domestic, or a member of the crew

or other person, within the territorial waters of the United

States, willfully causes or permits the destruction or injury of

such vessel or knowingly permits said vessel to be used as a place

of resort for any person conspiring with another or preparing to

commit any offense against the United States, or any offense in

violation of the treaties of the United States or of the

obligations of the United States under the law of nations, or to

defraud the United States; or knowingly permits such vessels to be

used in violation of the rights and obligations of the United

States under the law of nations, shall be fined under this title or

imprisoned not more than ten years, or both.

In case such vessels are so used, with the knowledge of the owner

or master or other person in charge or command thereof, the vessel,

together with her tackle, apparel, furniture, and equipment, shall

be subject to seizure and forfeiture to the United States in the

same manner as merchandise is forfeited for violation of the

customs revenue laws.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 193 of title 50, U.S.C., 1940 ed., War and

National Defense (June 15, 1917, ch. 30, title II, Sec. 3, 40 Stat.

220; Mar. 28, 1940, ch. 72, Sec. 3(b), 54 Stat. 79).

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The customs revenue laws, referred to in text, are classified

generally to Title 19, Customs Duties.

-MISC2-

AMENDMENTS

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

''fined not more than $10,000'' in first par.

-CITE-

18 USC Sec. 2275 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

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Sec. 2275. Firing or tampering with vessels

-STATUTE-

Whoever sets fire to any vessel of foreign registry, or any

vessel of American registry entitled to engage in commerce with

foreign nations, or to any vessel of the United States, or to the

cargo of the same, or tampers with the motive power of

instrumentalities of navigation of such vessel, or places bombs or

explosives in or upon such vessel, or does any other act to or upon

such vessel while within the jurisdiction of the United States, or,

if such vessel is of American registry, while she is on the high

sea, with intent to injure or endanger the safety of the vessel or

of her cargo, or of persons on board, whether the injury or danger

is so intended to take place within the jurisdiction of the United

States, or after the vessel shall have departed therefrom and

whoever attempts to do so shall be fined under this title or

imprisoned not more than twenty years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 502 (June 15, 1917, ch.

30, title III, Sec. 1, 40 Stat. 221).

Words ''as defined in section 501 of this title,'' were omitted

in view of section 9 of this title, defining vessel of the United

States.

Last sentence of said section 502, defining ''United States'',

was incorporated in section 5 of this title.

Provision prohibiting conspiracy was deleted as adequately

covered by the general conspiracy statute, section 371 of this

title.

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $10,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5032 of this title.

-CITE-

18 USC Sec. 2276 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2276. Breaking and entering vessel

-STATUTE-

Whoever, upon the high seas or on any other waters within the

admiralty and maritime jurisdiction of the United States, and out

of the jurisdiction of any particular State, breaks or enters any

vessel with intent to commit any felony, or maliciously cuts,

spoils, or destroys any cordage, cable, buoys, buoy rope, head

fast, or other fast, fixed to the anchor or moorings belonging to

any vessel, shall be fined under this title or imprisoned not more

than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 490 (Mar. 4, 1909, ch.

321, Sec. 299, 35 Stat. 1147).

Mandatory punishment provision was rephrased in the alternative.

AMENDMENTS

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

''fined not more than $1,000''.

-CITE-

18 USC Sec. 2277 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2277. Explosives or dangerous weapons aboard vessels

-STATUTE-

(a) Whoever brings, carries, or possesses any dangerous weapon,

instrument, or device, or any dynamite, nitroglycerin, or other

explosive article or compound on board of any vessel registered,

enrolled, or licensed under the laws of the United States, or any

vessel purchased, requisitioned, chartered, or taken over by the

United States pursuant to the provisions of Act June 6, 1941, ch.

174, 55 Stat. 242, as amended, without previously obtaining the

permission of the owner or the master of such vessel; or

Whoever brings, carries, or possesses any such weapon or

explosive on board of any vessel in the possession and under the

control of the United States or which has been seized and forfeited

by the United States or upon which a guard has been placed by the

United States pursuant to the provisions of section 191 of Title

50, without previously obtaining the permission of the captain of

the port in which such vessel is located, shall be fined under this

title or imprisoned not more than one year, or both.

(b) This section shall not apply to the personnel of the Armed

Forces of the United States or to officers or employees of the

United States or of a State or of a political subdivision thereof,

while acting in the performance of their duties, who are authorized

by law or by rules or regulations to own or possess any such weapon

or explosive.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 503, 504 (Dec. 31,

1941, ch. 642, Sec. 1, 2, 55 Stat. 876).

Section consolidates sections 503 and 504 of title 18, U.S.C.,

1940 ed.

Words ''This section'' were substituted in subsection (b) for the

words ''The provisions of sections 503, 504 of this title''.

Minor changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Act June 6, 1941, ch. 174, 55 Stat. 242, as amended, referred to

in subsec. (a), expired July 1, 1953. For provisions covering the

subject matter of that Act, see sections 196 to 198 of Title 50,

War and National Defense.

-MISC2-

AMENDMENTS

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

this title'' for ''fined not more than $1,000'' in second par.

-CITE-

18 USC Sec. 2278 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2278. Explosives on vessels carrying steerage passengers

-STATUTE-

Whoever, being the master of a steamship or other vessel referred

to in section 151 of Title 46, except as otherwise expressly

provided by law, takes, carries, or has on board of any such vessel

any nitroglycerin, dynamite, or any other explosive article or

compound, or any vitriol or like acids, or gunpowder, except for

the ship's use, or any article or number of articles, whether as a

cargo or ballast, which, by reason of the nature or quantity or

mode of storage thereof, shall, either singly or collectively, be

likely to endanger the health or lives of the passengers or the

safety of the vessel, shall be fined under this title or imprisoned

not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 171 of title 46, U.S.C., 1940 ed., Shipping

(Aug. 2, 1882, ch. 374, Sec. 8, 22 Stat. 189).

Words ''except as otherwise expressly provided by law'' were

inserted to remove obvious inconsistency between sections 831-835

of this title, section 170 of title 46, U.S.C., 1940 ed., Shipping,

and this section.

Words ''shall be deemed guilty of a misdemeanor and'' were

omitted because designation of the offense as a misdemeanor is

unnecessary in view of definitive section 1 of this title.

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 151 of Title 46, referred to in text, which was based on

section 1 of act Aug. 2, 1882, ch. 374, 22 Stat. 186, as amended,

was repealed by Pub. L. 98-89, Aug. 26, 1983, Sec. 4(b), 97 Stat.

599.

-MISC2-

AMENDMENTS

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

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3671 of this title.

-CITE-

18 USC Sec. 2279 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2279. Boarding vessels before arrival

-STATUTE-

Whoever, not being in the United States service, and not being

duly authorized by law for the purpose, goes on board any vessel

about to arrive at the place of her destination, before her actual

arrival, and before she has been completely moored, shall be fined

under this title or imprisoned not more than six months, or both.

The master of such vessel may take any such person into custody,

and deliver him up forthwith to any law enforcement officer, to be

by him taken before any committing magistrate, to be dealt with

according to law.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(D), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 708 of title 46, U.S.C., 1940 ed., Shipping

(R.S. Sec. 4606).

''Law enforcement officer'' was substituted for ''constable or

police officer'' and ''committing magistrate'' for ''justice of the

peace.'' The phraseology used in the statute was archaic. It

originated when the government had few law enforcement officers and

magistrates of its own.

References to specific sections were made to read: ''according to

law'' to achieve brevity.

Mandatory punishment provision was rephrased in the alternative.

The words ''without permission of the master'' were deleted to

remove an inconsistency with the provisions of section 163 of title

46, U.S.C., 1940 ed., and customs regulations. Customs

regulations, 1943, section 4.1c, prohibit any person ''with or

without consent of the master'' from boarding vessel, with specific

enumerated exceptions. Said section 163 prescribes a ''penalty of

not more than $100 or imprisonment not to exceed six months, or

both'' for violating regulations. The revised section increases

the fine from $100 to $200 for boarding the vessel ''with the

consent of the master.''

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $200'' in first par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 46 App. section 163.

-CITE-

18 USC Sec. 2280 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2280. Violence against maritime navigation

-STATUTE-

(a) Offenses. -

(1) In general. - A person who unlawfully and intentionally -

(A) seizes or exercises control over a ship by force or

threat thereof or any other form of intimidation;

(B) performs an act of violence against a person on board a

ship if that act is likely to endanger the safe navigation of

that ship;

(C) destroys a ship or causes damage to a ship or to its

cargo which is likely to endanger the safe navigation of that

ship;

(D) places or causes to be placed on a ship, by any means

whatsoever, a device or substance which is likely to destroy

that ship, or cause damage to that ship or its cargo which

endangers or is likely to endanger the safe navigation of that

ship;

(E) destroys or seriously damages maritime navigational

facilities or seriously interferes with their operation, if

such act is likely to endanger the safe navigation of a ship;

(F) communicates information, knowing the information to be

false and under circumstances in which such information may

reasonably be believed, thereby endangering the safe navigation

of a ship;

(G) injures or kills any person in connection with the

commission or the attempted commission of any of the offenses

set forth in subparagraphs (A) through (F); or

(H) attempts or conspires to do any act prohibited under

subparagraphs (A) through (G),

shall be fined under this title, imprisoned not more than 20

years, or both; and if the death of any person results from

conduct prohibited by this paragraph, shall be punished by death

or imprisoned for any term of years or for life.

(2) Threat to navigation. - A person who threatens to do any

act prohibited under paragraph (1)(B), (C) or (E), with apparent

determination and will to carry the threat into execution, if the

threatened act is likely to endanger the safe navigation of the

ship in question, shall be fined under this title, imprisoned not

more than 5 years, or both.

(b) Jurisdiction. - There is jurisdiction over the activity

prohibited in subsection (a) -

(1) in the case of a covered ship, if -

(A) such activity is committed -

(i) against or on board a ship flying the flag of the

United States at the time the prohibited activity is

committed;

(ii) in the United States; or

(iii) by a national of the United States or by a stateless

person whose habitual residence is in the United States;

(B) during the commission of such activity, a national of the

United States is seized, threatened, injured or killed; or

(C) the offender is later found in the United States after

such activity is committed;

(2) in the case of a ship navigating or scheduled to navigate

solely within the territorial sea or internal waters of a country

other than the United States, if the offender is later found in

the United States after such activity is committed; and

(3) in the case of any vessel, if such activity is committed in

an attempt to compel the United States to do or abstain from

doing any act.

(c) Bar To Prosecution. - It is a bar to Federal prosecution

under subsection (a) for conduct that occurred within the United

States that the conduct involved was during or in relation to a

labor dispute, and such conduct is prohibited as a felony under the

law of the State in which it was committed. For purposes of this

section, the term ''labor dispute'' has the meaning set forth in

section 2(c) (FOOTNOTE 1) of the Norris-LaGuardia Act, as amended

(29 U.S.C. 113(c)).

(FOOTNOTE 1) So in original. Probably should be section

''13(c)''.

(d) Delivery of Suspected Offender. - The master of a covered

ship flying the flag of the United States who has reasonable

grounds to believe that there is on board that ship any person who

has committed an offense under Article 3 of the Convention for the

Suppression of Unlawful Acts Against the Safety of Maritime

Navigation may deliver such person to the authorities of a State

Party to that Convention. Before delivering such person to the

authorities of another country, the master shall notify in an

appropriate manner the Attorney General of the United States of the

alleged offense and await instructions from the Attorney General as

to what action to take. When delivering the person to a country

which is a State Party to the Convention, the master shall,

whenever practicable, and if possible before entering the

territorial sea of such country, notify the authorities of such

country of the master's intention to deliver such person and the

reasons therefor. If the master delivers such person, the master

shall furnish to the authorities of such country the evidence in

the master's possession that pertains to the alleged offense.

(e) Definitions. - In this section -

''covered ship'' means a ship that is navigating or is

scheduled to navigate into, through or from waters beyond the

outer limit of the territorial sea of a single country or a

lateral limit of that country's territorial sea with an adjacent

country.

''national of the United States'' has the meaning stated in

section 101(a)(22) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(22)).

''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.

''ship'' means a vessel of any type whatsoever not permanently

attached to the sea-bed, including dynamically supported craft,

submersibles or any other floating craft, but does not include a

warship, a ship owned or operated by a government when being used

as a naval auxiliary or for customs or police purposes, or a ship

which has been withdrawn from navigation or laid up.

''United States'', when used in a geographical sense, includes

the Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands and all territories and possessions of the United

States.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60019(a), Sept. 13, 1994,

108 Stat. 1975; amended Pub. L. 104-132, title VII, Sec. 722,

723(a)(1), Apr. 24, 1996, 110 Stat. 1299, 1300.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1)(H). Pub. L. 104-132, Sec. 723(a)(1),

inserted ''or conspires'' after ''attempts''.

Subsec. (b)(1)(A)(ii). Pub. L. 104-132, Sec. 722(1), struck out

''and the activity is not prohibited as a crime by the State in

which the activity takes place'' after ''the United States''.

Subsec. (b)(1)(A)(iii). Pub. L. 104-132, Sec. 722(2), struck out

''the activity takes place on a ship flying the flag of a foreign

country or outside the United States,'' before ''by a national of

the United States''.

EFFECTIVE DATE

Section 60019(c) of Pub. L. 103-322 provided that: ''This section

(enacting this section and section 2281 of this title) and the

amendments made by this section shall take effect on the later of -

''(1) the date of the enactment of this Act (Sept. 13, 1994);

or

''(2)(A) in the case of section 2280 of title 18, United States

Code, the date the Convention for the Suppression of Unlawful

Acts Against the Safety of Maritime Navigation has come into

force and the United States has become a party to that

Convention; and

''(B) in the case of section 2281 of title 18, United States

Code, the date the Protocol for the Suppression of Unlawful Acts

Against the Safety of Fixed Platforms Located on the Continental

Shelf has come into force and the United States has become a

party to that Protocol.''

(Convention and Protocol came into force Mar. 1, 1992, and entered

into force with respect to the United States Mar. 6, 1995, Treaty

Doc. 101-1.)

-EXEC-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1956, 2332b, 2339, 2339A,

3592 of this title.

-CITE-

18 USC Sec. 2281 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 111 - SHIPPING

-HEAD-

Sec. 2281. Violence against maritime fixed platforms

-STATUTE-

(a) Offenses. -

(1) In general. - A person who unlawfully and intentionally -

(A) seizes or exercises control over a fixed platform by

force or threat thereof or any other form of intimidation;

(B) performs an act of violence against a person on board a

fixed platform if that act is likely to endanger its safety;

(C) destroys a fixed platform or causes damage to it which is

likely to endanger its safety;

(D) places or causes to be placed on a fixed platform, by any

means whatsoever, a device or substance which is likely to

destroy that fixed platform or likely to endanger its safety;

(E) injures or kills any person in connection with the

commission or the attempted commission of any of the offenses

set forth in subparagraphs (A) through (D); or

(F) attempts or conspires to do anything prohibited under

subparagraphs (A) through (E),

shall be fined under this title, imprisoned not more than 20

years, or both; and if death results to any person from conduct

prohibited by this paragraph, shall be punished by death or

imprisoned for any term of years or for life.

(2) Threat to safety. - A person who threatens to do anything

prohibited under paragraph (1)(B) or (C), with apparent

determination and will to carry the threat into execution, if the

threatened act is likely to endanger the safety of the fixed

platform, shall be fined under this title, imprisoned not more

than 5 years, or both.

(b) Jurisdiction. - There is jurisdiction over the activity

prohibited in subsection (a) if -

(1) such activity is committed against or on board a fixed

platform -

(A) that is located on the continental shelf of the United

States;

(B) that is located on the continental shelf of another

country, by a national of the United States or by a stateless

person whose habitual residence is in the United States; or

(C) in an attempt to compel the United States to do or

abstain from doing any act;

(2) during the commission of such activity against or on board

a fixed platform located on a continental shelf, a national of

the United States is seized, threatened, injured or killed; or

(3) such activity is committed against or on board a fixed

platform located outside the United States and beyond the

continental shelf of the United States and the offender is later

found in the United States.

(c) Bar To Prosecution. - It is a bar to Federal prosecution

under subsection (a) for conduct that occurred within the United

States that the conduct involved was during or in relation to a

labor dispute, and such conduct is prohibited as a felony under the

law of the State in which it was committed. For purposes of this

section, the term ''labor dispute'' has the meaning set forth in

section 2(c) (FOOTNOTE 1) of the Norris-LaGuardia Act, as amended

(29 U.S.C. 113(c)), and the term ''State'' means a State of the

United States, the District of Columbia, and any commonwealth,

territory, or possession of the United States.

(FOOTNOTE 1) So in original. Probably should be section

''13(c)''.

(d) Definitions. - In this section -

''continental shelf'' means the sea-bed and subsoil of the

submarine areas that extend beyond a country's territorial sea to

the limits provided by customary international law as reflected

in Article 76 of the 1982 Convention on the Law of the Sea.

''fixed platform'' means an artificial island, installation or

structure permanently attached to the sea-bed for the purpose of

exploration or exploitation of resources or for other economic

purposes.

''national of the United States'' has the meaning stated in

section 101(a)(22) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(22)).

''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.

''United States'', when used in a geographical sense, includes

the Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands and all territories and possessions of the United

States.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60019(a), Sept. 13, 1994,

108 Stat. 1977; amended Pub. L. 104-132, title VII, Sec. 723(a)(1),

Apr. 24, 1996, 110 Stat. 1300; Pub. L. 104-294, title VI, Sec.

607(p), Oct. 11, 1996, 110 Stat. 3513.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1)(F). Pub. L. 104-132 inserted ''or

conspires'' after ''attempts''.

Subsec. (c). Pub. L. 104-294 inserted before period at end '',

and the term 'State' means a State of the United States, the

District of Columbia, and any commonwealth, territory, or

possession of the United States''.

EFFECTIVE DATE

Section effective Mar. 6, 1995, see section 60019(c)(1), (2)(B)

of Pub. L. 103-322, set out as a note under section 2280 of this

title.

-EXEC-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1956, 2332b, 2339A, 3592

of this title.

-CITE-