US (United States) Code. Title 18. Chapter 2: Aircraft and motor vehicles

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

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18 USC CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

.

-HEAD-

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

-MISC1-

Sec.

31. Definitions.

32. Destruction of aircraft or aircraft facilities.

33. Destruction of motor vehicles or motor vehicle facilities.

34. Penalty when death results.

35. Imparting or conveying false information.

36. Drive-by shooting.

37. Violence at international airports.

38. Fraud involving aircraft or space vehicle parts in interstate

or foreign commerce.

AMENDMENTS

2000 - Pub. L. 106-181, title V, Sec. 506(c)(2)(A), Apr. 5, 2000,

114 Stat. 139, added item 38.

1994 - Pub. L. 103-322, title VI, Sec. 60008(c), 60021(b), Sept.

13, 1994, 108 Stat. 1972, 1980, added items 36 and 37.

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18 USC Sec. 31 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

-HEAD-

Sec. 31. Definitions

-STATUTE-

(a) Definitions. - In this chapter, the following definitions

apply:

(1) Aircraft. - The term ''aircraft'' means a civil, military,

or public contrivance invented, used, or designed to navigate,

fly, or travel in the air.

(2) Aviation quality. - The term ''aviation quality'', with

respect to a part of an aircraft or space vehicle, means the

quality of having been manufactured, constructed, produced,

maintained, repaired, overhauled, rebuilt, reconditioned, or

restored in conformity with applicable standards specified by law

(including applicable regulations).

(3) Destructive substance. - The term ''destructive substance''

means an explosive substance, flammable material, infernal

machine, or other chemical, mechanical, or radioactive device or

matter of a combustible, contaminative, corrosive, or explosive

nature.

(4) In flight. - The term ''in flight'' means -

(A) any time from the moment at which all the external doors

of an aircraft are closed following embarkation until the

moment when any such door is opened for disembarkation; and

(B) in the case of a forced landing, until competent

authorities take over the responsibility for the aircraft and

the persons and property on board.

(5) In service. - The term ''in service'' means -

(A) any time from the beginning of preflight preparation of

an aircraft by ground personnel or by the crew for a specific

flight until 24 hours after any landing; and

(B) in any event includes the entire period during which the

aircraft is in flight.

(6) Motor vehicle. - The term ''motor vehicle'' means every

description of carriage or other contrivance propelled or drawn

by mechanical power and used for commercial purposes on the

highways in the transportation of passengers, passengers and

property, or property or cargo.

(7) Part. - The term ''part'' means a frame, assembly,

component, appliance, engine, propeller, material, part, spare

part, piece, section, or related integral or auxiliary equipment.

(8) Space vehicle. - The term ''space vehicle'' means a

man-made device, either manned or unmanned, designed for

operation beyond the Earth's atmosphere.

(9) State. - The term ''State'' means a State of the United

States, the District of Columbia, and any commonwealth,

territory, or possession of the United States.

(10) Used for commercial purposes. - The term ''used for

commercial purposes'' means the carriage of persons or property

for any fare, fee, rate, charge or other consideration, or

directly or indirectly in connection with any business, or other

undertaking intended for profit.

(b) Terms Defined in Other Law. - In this chapter, the terms

''aircraft engine'', ''air navigation facility'', ''appliance'',

''civil aircraft'', ''foreign air commerce'', ''interstate air

commerce'', ''landing area'', ''overseas air commerce'',

''propeller'', ''spare part'', and ''special aircraft jurisdiction

of the United States'' have the meanings given those terms in

sections 40102(a) and 46501 of title 49.

-SOURCE-

(Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 538; amended Pub.

L. 98-473, title II, Sec. 1010, 2013(a), Oct. 12, 1984, 98 Stat.

2141, 2187; Pub. L. 100-690, title VII, Sec. 7015, Nov. 18, 1988,

102 Stat. 4395; Pub. L. 103-272, Sec. 5(e)(1), July 5, 1994, 108

Stat. 1373; Pub. L. 106-181, title V, Sec. 506(b), Apr. 5, 2000,

114 Stat. 136.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-181 added subsecs. (a) and (b) and struck out

former text which read as follows: ''When used in this chapter the

term -

'' 'Aircraft engine', 'air navigation facility', 'appliance',

'civil aircraft', 'foreign air commerce', 'interstate air

commerce', 'landing area', 'overseas air commerce', 'propeller',

'spare part' and 'special aircraft jurisdiction of the United

States' shall have the meaning ascribed to those terms in sections

40102(a) and 46501 of title 49.

'' 'Motor vehicle' means every description of carriage or other

contrivance propelled or drawn by mechanical power and used for

commercial purposes on the highways in the transportation of

passengers, passengers and property, or property or cargo;

'' 'Destructive substance' means any explosive substance,

flammable material, infernal machine, or other chemical,

mechanical, or radioactive device or matter of a combustible,

contaminative, corrosive, or explosive nature;

'' 'Used for commercial purposes' means the carriage of persons

or property for any fare, fee, rate, charge or other consideration,

or directly or indirectly in connection with any business, or other

undertaking intended for profit;

'' 'In flight' means any time from the moment all the external

doors of an aircraft are closed following embarkation until the

moment when any such door is opened for disembarkation. In the

case of a forced landing the flight shall be deemed to continue

until competent authorities take over the responsibility for the

aircraft and the persons and property on board; and

'' 'In service' means any time from the beginning of preflight

preparation of the aircraft by ground personnel or by the crew for

a specific flight until twenty-four hours after any landing; the

period of service shall, in any event, extend for the entire period

during which the aircraft is in flight.''

1994 - Pub. L. 103-272 substituted ''sections 40102(a) and 46501

of title 49'' for ''the Federal Aviation Act of 1958, as amended''

in par. beginning with definition of ''Aircraft engine''.

1988 - Pub. L. 100-690 substituted ''door is opened'' for ''door

in opened'' in definition of ''in flight''.

1984 - Pub. L. 98-473, Sec. 2013(a)(1), in first par. struck out

''and'' before ''spare part'', inserted ''and 'special aircraft

jurisdiction of the United States' '', and substituted ''Federal

Aviation Act of 1958'' for ''Civil Aeronautics Act of 1938''.

Pub. L. 98-473, Sec. 1010, substituted ''passengers and property,

or property or cargo'' for ''or passengers and property'' in

definition of motor vehicle.

Pub. L. 98-473, Sec. 2013(a)(2)-(4), inserted definitions of ''in

flight'' and ''in service''.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of Title 49, Transportation.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 2015 of part B (Sec. 2011-2015) of chapter XX of title II

of Pub. L. 98-473 provided that: ''This part (see Short Title of

1984 Amendment note below) shall become effective on the date of

the enactment of this joint resolution (Oct. 12, 1984).''

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-181, title V, Sec. 506(a), Apr. 5, 2000, 114 Stat.

136, provided that: ''This section (enacting section 38 of this

title and amending this section and section 2516 of this title) may

be cited as the 'Aircraft Safety Act of 2000'.''

SHORT TITLE OF 1984 AMENDMENT

Section 2011 of part B (Sec. 2011-2015) of chapter XX of title II

of Pub. L. 98-473 provided that: ''This part (amending this

section, section 32 of this title, and sections 1301, 1471, and

1472 of former Title 49, Transportation, and enacting provisions

set out as notes under this section) may be cited as the 'Aircraft

Sabotage Act'.''

STATEMENT OF FINDINGS AND PURPOSE FOR 1984 AMENDMENT

Section 2012 of part B (Sec. 2011-2015) of chapter XX of title II

of Pub. L. 98-473 provided that: ''The Congress hereby finds that -

''(1) the Convention for the Suppression of Unlawful Acts

Against the Safety of Civil Aviation (ratified by the United

States on November 1, 1972) requires each contracting State to

establish its jurisdiction over certain offenses affecting the

safety of civil aviation;

''(2) such offenses place innocent lives in jeopardy, endanger

national security, affect domestic tranquility, gravely affect

interstate and foreign commerce, and are offenses against the law

of nations; and

''(3) the purpose of this subtitle (part, see Short Title of

1984 Amendment note above) is to implement fully the Convention

for the Suppression of Unlawful Acts Against the Safety of Civil

Aviation and to expand the protection accorded to aircraft and

related facilities.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1993 of this title.

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18 USC Sec. 32 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

-HEAD-

Sec. 32. Destruction of aircraft or aircraft facilities

-STATUTE-

(a) Whoever willfully -

(1) sets fire to, damages, destroys, disables, or wrecks any

aircraft in the special aircraft jurisdiction of the United

States or any civil aircraft used, operated, or employed in

interstate, overseas, or foreign air commerce;

(2) places or causes to be placed a destructive device or

substance in, upon, or in proximity to, or otherwise makes or

causes to be made unworkable or unusable or hazardous to work or

use, any such aircraft, or any part or other materials used or

intended to be used in connection with the operation of such

aircraft, if such placing or causing to be placed or such making

or causing to be made is likely to endanger the safety of any

such aircraft;

(3) sets fire to, damages, destroys, or disables any air

navigation facility, or interferes by force or violence with the

operation of such facility, if such fire, damaging, destroying,

disabling, or interfering is likely to endanger the safety of any

such aircraft in flight;

(4) with the intent to damage, destroy, or disable any such

aircraft, sets fire to, damages, destroys, or disables or places

a destructive device or substance in, upon, or in proximity to,

any appliance or structure, ramp, landing area, property,

machine, or apparatus, or any facility or other material used, or

intended to be used, in connection with the operation,

maintenance, loading, unloading or storage of any such aircraft

or any cargo carried or intended to be carried on any such

aircraft;

(5) performs an act of violence against or incapacitates any

individual on any such aircraft, if such act of violence or

incapacitation is likely to endanger the safety of such aircraft;

(6) communicates information, knowing the information to be

false and under circumstances in which such information may

reasonably be believed, thereby endangering the safety of any

such aircraft in flight; or

(7) attempts or conspires to do anything prohibited under

paragraphs (1) through (6) of this subsection;

shall be fined under this title or imprisoned not more than twenty

years or both.

(b) Whoever willfully -

(1) performs an act of violence against any individual on board

any civil aircraft registered in a country other than the United

States while such aircraft is in flight, if such act is likely to

endanger the safety of that aircraft;

(2) destroys a civil aircraft registered in a country other

than the United States while such aircraft is in service or

causes damage to such an aircraft which renders that aircraft

incapable of flight or which is likely to endanger that

aircraft's safety in flight;

(3) places or causes to be placed on a civil aircraft

registered in a country other than the United States while such

aircraft is in service, a device or substance which is likely to

destroy that aircraft, or to cause damage to that aircraft which

renders that aircraft incapable of flight or which is likely to

endanger that aircraft's safety in flight; or

(4) attempts or conspires to commit an offense described in

paragraphs (1) through (3) of this subsection;

shall be fined under this title or imprisoned not more than twenty

years, or both. There is jurisdiction over an offense under this

subsection if a national of the United States was on board, or

would have been on board, the aircraft; an offender is a national

of the United States; or an offender is afterwards found in the

United States. For purposes of this subsection, the term ''national

of the United States'' has the meaning prescribed in section

101(a)(22) of the Immigration and Nationality Act.

(c) Whoever willfully imparts or conveys any threat to do an act

which would violate any of paragraphs (1) through (5) of subsection

(a) or any of paragraphs (1) through (3) of subsection (b) of this

section, with an apparent determination and will to carry the

threat into execution shall be fined under this title or imprisoned

not more than five years, or both.

-SOURCE-

(Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 539; amended Pub.

L. 98-473, title II, Sec. 2013(b), Oct. 12. 1984, 98 Stat. 2187;

Pub. L. 100-690, title VII, Sec. 7016, Nov. 18, 1988, 102 Stat.

4395; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(O), (S), Sept.

13, 1994, 108 Stat. 2148; Pub. L. 104-132, title VII, Sec. 721(b),

723(a)(1), Apr. 24, 1996, 110 Stat. 1298, 1300.)

-REFTEXT-

REFERENCES IN TEXT

Section 101(a)(22) of the Immigration and Nationality Act,

referred to in subsec. (b), is classified to section 1101(a)(22) of

Title 8, Aliens and Nationality.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(7). Pub. L. 104-132, Sec. 723(a)(1), inserted

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

Subsec. (b). Pub. L. 104-132, Sec. 721(b), in closing provisions,

struck out '', if the offender is later found in the United

States,'' before ''be fined under this title'' and inserted at end

''There is jurisdiction over an offense under this subsection if a

national of the United States was on board, or would have been on

board, the aircraft; an offender is a national of the United

States; or an offender is afterwards found in the United States.

For purposes of this subsection, the term 'national of the United

States' has the meaning prescribed in section 101(a)(22) of the

Immigration and Nationality Act.''

Subsec. (b)(4). Pub. L. 104-132, Sec. 723(a)(1), inserted ''or

conspires'' after ''attempts''.

1994 - Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(S),

substituted ''fined under this title'' for ''fined not more than

$100,000'' in concluding provisions.

Subsec. (c). Pub. L. 103-322, Sec. 330016(1)(O), substituted

''fined under this title'' for ''fined not more than $25,000''.

1988 - Subsec. (a)(3). Pub. L. 100-690 substituted

''interfering'' for ''intefering''.

1984 - Pub. L. 98-473 amended section generally. Prior to

amendment section read as follows:

''Whoever willfully sets fire to, damages, destroys, disables, or

wrecks any civil aircraft used, operated, or employed in

interstate, overseas, or foreign air commerce; or

''Whoever willfully sets fire to, damages, destroys, disables, or

wrecks any aircraft engine, propeller, appliance, or spare part

with intent to damage, destroy, disable, or wreck any such

aircraft; or

''Whoever, with like intent, willfully places or causes to be

placed any destructive substance in, upon, or in proximity to any

such aircraft, or any aircraft engine, propeller, appliance, spare

part, fuel, lubricant, hydraulic fluid, or other material used or

intended to be used in connection with the operation of any such

aircraft, or any cargo carried or intended to be carried on any

such aircraft, or otherwise makes or causes to be made any such

aircraft, aircraft engine, propeller, appliance, spare part, fuel,

lubricant, hydraulic fluid, or other material unworkable or

unusable or hazardous to work or use; or

''Whoever, with like intent, willfully sets fire to, damages,

destroys, disables, or wrecks, or places or causes to be placed any

destructive substance in, upon, or in proximity to any shop,

supply, structure, station, depot, terminal, hangar, ramp, landing

area, air-navigation facility or other facility, warehouse,

property, machine, or apparatus used or intended to be used in

connection with the operation, loading, or unloading of any such

aircraft or making any such aircraft ready for flight, or otherwise

makes or causes to be made any such shop, supply, structure,

station, depot, terminal, hangar, ramp, landing area,

air-navigation facility or other facility, warehouse, property,

machine, or apparatus unworkable or unusable or hazardous to work

or use; or

''Whoever, with like intent, willfully incapacitates any member

of the crew of any such aircraft; or

''Whoever willfully attempts to do any of the aforesaid acts or

things -

''shall be fined not more than $10,000 or imprisoned not more

than twenty years, or both.''

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

2015 of Pub. L. 98-473, set out as a note under section 31 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

2516, 3592, 5032 of this title; title 49 section 44936.

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18 USC Sec. 33 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

-HEAD-

Sec. 33. Destruction of motor vehicles or motor vehicle facilities

-STATUTE-

(a) Whoever willfully, with intent to endanger the safety of any

person on board or anyone who he believes will board the same, or

with a reckless disregard for the safety of human life, damages,

disables, destroys, tampers with, or places or causes to be placed

any explosive or other destructive substance in, upon, or in

proximity to, any motor vehicle which is used, operated, or

employed in interstate or foreign commerce, or its cargo or

material used or intended to be used in connection with its

operation; or

Whoever willfully, with like intent, damages, disables, destroys,

sets fire to, tampers with, or places or causes to be placed any

explosive or other destructive substance in, upon, or in proximity

to any garage, terminal, structure, supply, or facility used in the

operation of, or in support of the operation of, motor vehicles

engaged in interstate or foreign commerce or otherwise makes or

causes such property to be made unworkable, unusable, or hazardous

to work or use; or

Whoever, with like intent, willfully disables or incapacitates

any driver or person employed in connection with the operation or

maintenance of the motor vehicle, or in any way lessens the ability

of such person to perform his duties as such; or

Whoever willfully attempts to do any of the aforesaid acts -

shall be fined under this title or imprisoned not more than

twenty years, or both.

(b) Whoever is convicted of a violation of subsection (a)

involving a motor vehicle that, at the time the violation occurred,

carried high-level radioactive waste (as that term is defined in

section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.

10101(12))) or spent nuclear fuel (as that term is defined in

section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.

10101(23))), shall be fined under this title and imprisoned for any

term of years not less than 30, or for life.

-SOURCE-

(Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540; amended Pub.

L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108

Stat. 2147; Pub. L. 104-88, title IV, Sec. 402(a), Dec. 29, 1995,

109 Stat. 955.)

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-88 designated existing provisions as subsec.

(a) and added subsec. (b).

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

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

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2516, 3592 of this title.

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18 USC Sec. 34 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

-HEAD-

Sec. 34. Penalty when death results

-STATUTE-

Whoever is convicted of any crime prohibited by this chapter,

which has resulted in the death of any person, shall be subject

also to the death penalty or to imprisonment for life.

-SOURCE-

(Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540; amended Pub.

L. 103-322, title VI, Sec. 60003(a)(1), Sept. 13, 1994, 108 Stat.

1968.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''imprisonment for life.'' for

''imprisonment for life, if the jury shall in its discretion so

direct, or, in the case of a plea of guilty, or a plea of not

guilty where the defendant has waived a trial by jury, if the court

in its discretion shall so order.''

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18 USC Sec. 35 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

-HEAD-

Sec. 35. Imparting or conveying false information

-STATUTE-

(a) Whoever imparts or conveys or causes to be imparted or

conveyed false information, knowing the information to be false,

concerning an attempt or alleged attempt being made or to be made,

to do any act which would be a crime prohibited by this chapter or

chapter 97 or chapter 111 of this title shall be subject to a civil

penalty of not more than $1,000 which shall be recoverable in a

civil action brought in the name of the United States.

(b) Whoever willfully and maliciously, or with reckless disregard

for the safety of human life, imparts or conveys or causes to be

imparted or conveyed false information, knowing the information to

be false, concerning an attempt or alleged attempt being made or to

be made, to do any act which would be a crime prohibited by this

chapter or chapter 97 or chapter 111 of this title - shall be fined

under this title, or imprisoned not more than five years, or both.

-SOURCE-

(Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540; amended Pub.

L. 87-338, Oct. 3, 1961, 75 Stat. 751; Pub. L. 89-64, July 7, 1965,

79 Stat. 210; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K),

Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

AMENDMENTS

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

this title'' for ''fined not more than $5,000''.

1965 - Subsec. (a). Pub. L. 89-64 substituted ''subject to a

civil penalty of not more than $1,000 which shall be recoverable in

a civil action brought in the name of the United States'' for

''fined not more than $1,000, or imprisoned not more than one year,

or both''.

1961 - Pub. L. 87-338 designated existing provisions as subsec.

(a), struck out ''willfully'' before ''imparts or conveys'', and

added subsec. (b).

-CITE-

18 USC Sec. 36 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

-HEAD-

Sec. 36. Drive-by shooting

-STATUTE-

(a) Definition. - In this section, ''major drug offense'' means -

(1) a continuing criminal enterprise punishable under section

408(c) of the Controlled Substances Act (21 U.S.C. 848(c));

(2) a conspiracy to distribute controlled substances punishable

under section 406 of the Controlled Substances Act (21 U.S.C.

846) section (FOOTNOTE 1) 1013 of the Controlled Substances

Import and Export Act (21 U.S.C. 963); or

(FOOTNOTE 1) So in original. Probably should be preceded by

''or''.

(3) an offense involving major quantities of drugs and

punishable under section 401(b)(1)(A) of the Controlled

Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of

the Controlled Substances Import and Export Act (21 U.S.C.

960(b)(1)).

(b) Offense and Penalties. - (1) A person who, in furtherance or

to escape detection of a major drug offense and with the intent to

intimidate, harass, injure, or maim, fires a weapon into a group of

two or more persons and who, in the course of such conduct, causes

grave risk to any human life shall be punished by a term of no more

than 25 years, by fine under this title, or both.

(2) A person who, in furtherance or to escape detection of a

major drug offense and with the intent to intimidate, harass,

injure, or maim, fires a weapon into a group of 2 or more persons

and who, in the course of such conduct, kills any person shall, if

the killing -

(A) is a first degree murder (as defined in section 1111(a)),

be punished by death or imprisonment for any term of years or for

life, fined under this title, or both; or

(B) is a murder other than a first degree murder (as defined in

section 1111(a)), be fined under this title, imprisoned for any

term of years or for life, or both.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60008(b), Sept. 13, 1994,

108 Stat. 1971; amended Pub. L. 104-294, title VI, Sec. 604(b)(30),

Oct. 11, 1996, 110 Stat. 3508.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1), (2). Pub. L. 104-294 substituted

''408(c)'' for ''403(c)'' in par. (1) and ''Export'' for ''Export

Control'' in par. (2).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

SHORT TITLE

Section 60008(a) of Pub. L. 103-322 provided that: ''This section

(enacting this section) may be cited as the 'Drive-By Shooting

Prevention Act of 1994'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 3751.

-CITE-

18 USC Sec. 37 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

-HEAD-

Sec. 37. Violence at international airports

-STATUTE-

(a) Offense. - A person who unlawfully and intentionally, using

any device, substance, or weapon -

(1) performs an act of violence against a person at an airport

serving international civil aviation that causes or is likely to

cause serious bodily injury (as defined in section 1365 of this

title) or death; or

(2) destroys or seriously damages the facilities of an airport

serving international civil aviation or a civil aircraft not in

service located thereon or disrupts the services of the airport,

if such an act endangers or is likely to endanger safety at that

airport, or attempts or conspires to do such an act, 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

subsection, shall be punished by death or imprisoned for any term

of years or for life.

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

activity in subsection (a) if -

(1) the prohibited activity takes place in the United States;

or

(2) the prohibited activity takes place outside the United

States and (A) the offender is later found in the United States;

or (B) an offender or a victim is a national of the United States

(as defined in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22))).

(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)''.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60021(a), Sept. 13, 1994,

108 Stat. 1979; amended Pub. L. 104-132, title VII, Sec. 721(g),

723(a)(1), Apr. 24, 1996, 110 Stat. 1299, 1300; Pub. L. 104-294,

title VI, Sec. 601(q), 607(o), Oct. 11, 1996, 110 Stat. 3502,

3512.)

-MISC1-

AMENDMENTS

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

''or conspires'' after ''attempts'' in concluding provisions.

Subsec. (b)(2). Pub. L. 104-132, Sec. 721(g), inserted subpar.

(A) designation and added subpar. (B).

Subsec. (c). Pub. L. 104-294 inserted heading and inserted '',

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'' before period at end.

EFFECTIVE DATE

Section 60021(c) of Pub. L. 103-322 provided that: ''The

amendment made by subsection (a) (enacting this section) shall take

effect on the later of -

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

''(2) the date on which the Protocol for the Suppression of

Unlawful Acts of Violence at Airports Serving International Civil

Aviation, Supplementary to the Convention for the Suppression of

Unlawful Acts Against the Safety of Civil Aviation, done at

Montreal on 23 September 1971, has come into force and the United

States has become a party to the Protocol.'' (Protocol came into

force and United States became a party to the Protocol Nov. 18,

1994, Treaty Doc. 100-19.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

of this title.

-CITE-

18 USC Sec. 38 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES

-HEAD-

Sec. 38. Fraud involving aircraft or space vehicle parts in

interstate or foreign commerce

-STATUTE-

(a) Offenses. - Whoever, in or affecting interstate or foreign

commerce, knowingly and with the intent to defraud -

(1)(A) falsifies or conceals a material fact concerning any

aircraft or space vehicle part;

(B) makes any materially fraudulent representation concerning

any aircraft or space vehicle part; or

(C) makes or uses any materially false writing, entry,

certification, document, record, data plate, label, or electronic

communication concerning any aircraft or space vehicle part;

(2) exports from or imports or introduces into the United

States, sells, trades, installs on or in any aircraft or space

vehicle any aircraft or space vehicle part using or by means of a

fraudulent representation, document, record, certification,

depiction, data plate, label, or electronic communication; or

(3) attempts or conspires to commit an offense described in

paragraph (1) or (2),

shall be punished as provided in subsection (b).

(b) Penalties. - The punishment for an offense under subsection

(a) is as follows:

(1) Aviation quality. - If the offense relates to the aviation

quality of a part and the part is installed in an aircraft or

space vehicle, a fine of not more than $500,000, imprisonment for

not more than 15 years, or both.

(2) Failure to operate as represented. - If, by reason of the

failure of the part to operate as represented, the part to which

the offense is related is the proximate cause of a malfunction or

failure that results in serious bodily injury (as defined in

section 1365), a fine of not more than $1,000,000, imprisonment

for not more than 20 years, or both.

(3) Failure resulting in death. - If, by reason of the failure

of the part to operate as represented, the part to which the

offense is related is the proximate cause of a malfunction or

failure that results in the death of any person, a fine of not

more than $1,000,000, imprisonment for any term of years or life,

or both.

(4) Other circumstances. - In the case of an offense under

subsection (a) not described in paragraph (1), (2), or (3) of

this subsection, a fine under this title, imprisonment for not

more than 10 years, or both.

(5) Organizations. - If the offense is committed by an

organization, a fine of not more than -

(A) $10,000,000 in the case of an offense described in

paragraph (1) or (4); and

(B) $20,000,000 in the case of an offense described in

paragraph (2) or (3).

(c) Civil Remedies. -

(1) In general. - The district courts of the United States

shall have jurisdiction to prevent and restrain violations of

this section by issuing appropriate orders, including -

(A) ordering a person (convicted of an offense under this

section) to divest any interest, direct or indirect, in any

enterprise used to commit or facilitate the commission of the

offense, or to destroy, or to mutilate and sell as scrap,

aircraft material or part inventories or stocks;

(B) imposing reasonable restrictions on the future activities

or investments of any such person, including prohibiting

engagement in the same type of endeavor as used to commit the

offense; and

(C) ordering the dissolution or reorganization of any

enterprise knowingly used to commit or facilitate the

commission of an offense under this section making due

provisions for the rights and interests of innocent persons.

(2) Restraining orders and prohibition. - Pending final

determination of a proceeding brought under this section, the

court may enter such restraining orders or prohibitions, or take

such other actions (including the acceptance of satisfactory

performance bonds) as the court deems proper.

(3) Estoppel. - A final judgment rendered in favor of the

United States in any criminal proceeding brought under this

section shall stop the defendant from denying the essential

allegations of the criminal offense in any subsequent civil

proceeding brought by the United States.

(d) Criminal Forfeiture. -

(1) In general. - The court, in imposing sentence on any person

convicted of an offense under this section, shall order, in

addition to any other sentence and irrespective of any provision

of State law, that the person forfeit to the United States -

(A) any property constituting, or derived from, any proceeds

that the person obtained, directly or indirectly, as a result

of the offense; and

(B) any property used, or intended to be used in any manner,

to commit or facilitate the commission of the offense, if the

court in its discretion so determines, taking into

consideration the nature, scope, and proportionality of the use

of the property on the offense.

(2) Application of other law. - The forfeiture of property

under this section, including any seizure and disposition of the

property, and any proceedings relating to the property, shall be

governed by section 413 of the Comprehensive Drug Abuse and

Prevention Act of 1970 (21 U.S.C. 853) (not including subsection

(d) of that section).

(e) Construction With Other Law. - This section does not preempt

or displace any other remedy, civil or criminal, provided by

Federal or State law for the fraudulent importation, sale, trade,

installation, or introduction into commerce of an aircraft or space

vehicle part.

(f) Territorial Scope. - This section also applies to conduct

occurring outside the United States if -

(1) the offender is a natural person who is a citizen or

permanent resident alien of the United States, or an organization

organized under the laws of the United States or political

subdivision thereof;

(2) the aircraft or spacecraft part as to which the violation

relates was installed in an aircraft or space vehicle owned or

operated at the time of the offense by a citizen or permanent

resident alien of the United States, or by an organization

thereof; or

(3) an act in furtherance of the offense was committed in the

United States.

-SOURCE-

(Added Pub. L. 106-181, title V, Sec. 506(c)(1), Apr. 5, 2000, 114

Stat. 137.)

-MISC1-

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of Title 49,

Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2516 of this title.

-CITE-