US (United States) Code. Title 18. Chapter 39: Explosives and other dangerous articles

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

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-CITE-

18 USC CHAPTER 39 - EXPLOSIVES AND OTHER DANGEROUS

ARTICLES 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 39 - EXPLOSIVES AND OTHER DANGEROUS ARTICLES

.

-HEAD-

CHAPTER 39 - EXPLOSIVES AND OTHER DANGEROUS ARTICLES

-MISC1-

Sec.

831. Prohibited transactions involving nuclear materials.

(832 to 835. Repealed.)

836. Transportation of fireworks into State prohibiting sale or

use.

(837. Repealed.)

AMENDMENTS

1982 - Pub. L. 97-351, Sec. 2(b), Oct. 18, 1982, 96 Stat. 1666,

substituted ''Prohibited transactions involving nuclear materials''

for ''Definitions'' in item 831 and struck out items 832

''Transportation of explosives, radioactive materials, etiologic

agents, and other dangerous articles'', 833 ''Marking packages

containing explosives and other dangerous articles'', 834

''Regulation by Interstate Commerce Commission'', and 835

''Administration''.

1970 - Pub. L. 91-452, title XI, Sec. 1106(b)(2), Oct. 15, 1970,

84 Stat. 960, struck out item 837.

1960 - Pub. L. 86-710, Sept. 6, 1960, 74 Stat. 808, substituted

''OTHER DANGEROUS ARTICLES'' for ''COMBUSTIBLES'' in chapter

heading, ''explosives, radioactive materials, etiologic agents, and

other dangerous articles'' for ''dynamite, powder and fuses'' in

item 832, ''Marking packages containing explosives and other

dangerous articles'' for ''Transportation of nitroglycerin'' in

item 833, ''Regulation by Interstate Commerce Commission'' for

''Marking packages containing explosives'' in item 834, and

''Administration'' for ''Regulations by Interstate Commerce

Commission'' in item 835.

Pub. L. 86-449, title II, Sec. 204, May 6, 1960, 74 Stat. 88,

added item 837.

1954 - Act June 4, 1954, ch. 261, Sec. 2, 68 Stat. 171, added

item 836.

HAZARDOUS SUBSTANCES

Federal Hazardous Substances Act as not modifying this chapter or

regulations promulgated thereunder, see Pub. L. 86-613, Sec. 18,

formerly 17, July 12, 1960, 74 Stat. 380, as amended Pub. L.

89-756, Sec. 4(a), Nov. 3, 1966, 80 Stat. 1305; renumbered and

amended Pub. L. 91-113, Sec. 4(a), (b)(1), Nov. 6, 1969, 83 Stat.

189, 190, set out as a note under section 1261 of Title 15,

Commerce and Trade.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 7 section 136q; title 33

section 1507.

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18 USC Sec. 831 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 39 - EXPLOSIVES AND OTHER DANGEROUS ARTICLES

-HEAD-

Sec. 831. Prohibited transactions involving nuclear materials

-STATUTE-

(a) Whoever, if one of the circumstances described in subsection

(c) of this section occurs -

(1) without lawful authority, intentionally receives,

possesses, uses, transfers, alters, disposes of, or disperses any

nuclear material or nuclear byproduct material and -

(A) thereby knowingly causes the death of or serious bodily

injury to any person or substantial damage to property or to

the environment; or

(B) circumstances exist, or have been represented to the

defendant to exist, that are likely to cause the death or

serious bodily injury to any person, or substantial damage to

property or to the environment;

(2) with intent to deprive another of nuclear material or

nuclear byproduct material, knowingly -

(A) takes and carries away nuclear material or nuclear

byproduct material of another without authority;

(B) makes an unauthorized use, disposition, or transfer, of

nuclear material or nuclear byproduct material belonging to

another; or

(C) uses fraud and thereby obtains nuclear material or

nuclear byproduct material belonging to another;

(3) knowingly -

(A) uses force; or

(B) threatens or places another in fear that any person other

than the actor will imminently be subject to bodily injury;

and thereby takes nuclear material or nuclear byproduct material

belonging to another from the person or presence of any other;

(4) intentionally intimidates any person and thereby obtains

nuclear material or nuclear byproduct material belonging to

another;

(5) with intent to compel any person, international

organization, or governmental entity to do or refrain from doing

any act, knowingly threatens to engage in conduct described in

paragraph (2)(A) or (3) of this subsection;

(6) knowingly threatens to use nuclear material or nuclear

byproduct material to cause death or serious bodily injury to any

person or substantial damage to property or to the environment

under circumstances in which the threat may reasonably be

understood as an expression of serious purposes;

(7) attempts to commit an offense under paragraph (1), (2),

(3), or (4) of this subsection; or

(8) is a party to a conspiracy of two or more persons to commit

an offense under paragraph (1), (2), (3), or (4) of this

subsection, if any of the parties intentionally engages in any

conduct in furtherance of such offense;

shall be punished as provided in subsection (b) of this section.

(b) The punishment for an offense under -

(1) paragraphs (1) through (7) of subsection (a) of this

section is -

(A) a fine under this title; and

(B) imprisonment -

(i) for any term of years or for life (I) if, while

committing the offense, the offender knowingly causes the

death of any person; or (II) if, while committing an offense

under paragraph (1) or (3) of subsection (a) of this section,

the offender, under circumstances manifesting extreme

indifference to the life of an individual, knowingly engages

in any conduct and thereby recklessly causes the death of or

serious bodily injury to any person; and

(ii) for not more than 20 years in any other case; and

(2) paragraph (8) of subsection (a) of this section is -

(A) a fine under this title; and

(B) imprisonment -

(i) for not more than 20 years if the offense which is the

object of the conspiracy is punishable under paragraph

(1)(B)(i); and

(ii) for not more than 10 years in any other case.

(c) The circumstances referred to in subsection (a) of this

section are that -

(1) the offense is committed in the United States or the

special maritime and territorial jurisdiction of the United

States, or the special aircraft jurisdiction of the United States

(as defined in section 46501 of title 49);

(2) an offender or a victim is -

(A) a national of the United States; or

(B) a United States corporation or other legal entity;

(3) after the conduct required for the offense occurs the

defendant is found in the United States, even if the conduct

required for the offense occurs outside the United States;

(4) the conduct required for the offense occurs with respect to

the carriage of a consignment of nuclear material or nuclear

byproduct material by any means of transportation intended to go

beyond the territory of the state where the shipment originates

beginning with the departure from a facility of the shipper in

that state and ending with the arrival at a facility of the

receiver within the state of ultimate destination and either of

such states is the United States; or

(5) either -

(A) the governmental entity under subsection (a)(5) is the

United States; or

(B) the threat under subsection (a)(6) is directed at the

United States.

(d) The Attorney General may request assistance from the

Secretary of Defense under chapter 18 of title 10 in the

enforcement of this section and the Secretary of Defense may

provide such assistance in accordance with chapter 18 of title 10,

except that the Secretary of Defense may provide such assistance

through any Department of Defense personnel.

(e)(1) The Attorney General may also request assistance from the

Secretary of Defense under this subsection in the enforcement of

this section. Notwithstanding section 1385 of this title, the

Secretary of Defense may, in accordance with other applicable law,

provide such assistance to the Attorney General if -

(A) an emergency situation exists (as jointly determined by the

Attorney General and the Secretary of Defense in their

discretion); and

(B) the provision of such assistance will not adversely affect

the military preparedness of the United States (as determined by

the Secretary of Defense in such Secretary's discretion).

(2) As used in this subsection, the term ''emergency situation''

means a circumstance -

(A) that poses a serious threat to the interests of the United

States; and

(B) in which -

(i) enforcement of the law would be seriously impaired if the

assistance were not provided; and

(ii) civilian law enforcement personnel are not capable of

enforcing the law.

(3) Assistance under this section may include -

(A) use of personnel of the Department of Defense to arrest

persons and conduct searches and seizures with respect to

violations of this section; and

(B) such other activity as is incidental to the enforcement of

this section, or to the protection of persons or property from

conduct that violates this section.

(4) The Secretary of Defense may require reimbursement as a

condition of assistance under this section.

(5) The Attorney General may delegate the Attorney General's

function under this subsection only to a Deputy, Associate, or

Assistant Attorney General.

(f) As used in this section -

(1) the term ''nuclear material'' means material containing any

-

(A) plutonium;

(B) uranium not in the form of ore or ore residue that

contains the mixture of isotopes as occurring in nature;

(C) enriched uranium, defined as uranium that contains the

isotope 233 or 235 or both in such amount that the abundance

ratio of the sum of those isotopes to the isotope 238 is

greater than the ratio of the isotope 235 to the isotope 238

occurring in nature; or

(D) uranium 233;

(2) the term ''nuclear byproduct material'' means any material

containing any radioactive isotope created through an irradiation

process in the operation of a nuclear reactor or accelerator;

(3) the term ''international organization'' means a public

international organization designated as such pursuant to section

1 of the International Organizations Immunities Act (22 U.S.C.

288) or a public organization created pursuant to treaty or other

agreement under international law as an instrument through or by

which two or more foreign governments engage in some aspect of

their conduct of international affairs;

(4) the term ''serious bodily injury'' means bodily injury

which involves -

(A) a substantial risk of death;

(B) extreme physical pain;

(C) protracted and obvious disfigurement; or

(D) protracted loss or impairment of the function of a bodily

member, organ, or mental faculty;

(5) the term ''bodily injury'' means -

(A) a cut, abrasion, bruise, burn, or disfigurement;

(B) physical pain;

(C) illness;

(D) impairment of a function of a bodily member, organ, or

mental faculty; or

(E) any other injury to the body, no matter how temporary;

(6) the term ''national of the United States'' has the same

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

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

(7) the term ''United States corporation or other legal

entity'' means any corporation or other entity organized under

the laws of the United States or any State, Commonwealth,

territory, possession, or district of the United States.

-SOURCE-

(Added Pub. L. 97-351, Sec. 2(a), Oct. 18, 1982, 96 Stat. 1663;

amended Pub. L. 100-690, title VII, Sec. 7022, Nov. 18, 1988, 102

Stat. 4397; Pub. L. 103-272, Sec. 5(e)(6), July 5, 1994, 108 Stat.

1374; Pub. L. 103-322, title XXXIII, Sec. 330016(2)(C), Sept. 13,

1994, 108 Stat. 2148; Pub. L. 104-132, title V, Sec. 502, Apr. 24,

1996, 110 Stat. 1282.)

-MISC1-

PRIOR PROVISIONS

A prior section 831, acts June 25, 1948, ch. 645, 62 Stat. 738;

Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 808; July 27, 1965, Pub. L.

89-95, 79 Stat. 285; Oct. 17, 1978, Pub. L. 95-473; Sec.

2(a)(1)(A), 92 Stat. 1464, defined terms used in this chapter,

prior to repeal by Pub. L. 96-129, title II, Sec. 216(b), Nov. 30,

1979, 93 Stat. 1015. For savings provisions regarding former

section 831, see section 218 of Pub. L. 96-129, set out as a note

under former sections 832 to 835 of this title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-132, Sec. 502(1)(A), substituted

''nuclear material or nuclear byproduct material'' for ''nuclear

material'' wherever appearing.

Subsec. (a)(1)(A). Pub. L. 104-132, Sec. 502(1)(B)(i), inserted

''or to the environment'' after ''damage to property''.

Subsec. (a)(1)(B). Pub. L. 104-132, Sec. 502(1)(B)(ii), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: ''knows that circumstances exist which are likely to cause

the death of or serious bodily injury to any person or substantial

damage to property;''.

Subsec. (a)(6). Pub. L. 104-132, Sec. 502(1)(C), inserted ''or to

the environment'' after ''damage to property''.

Subsec. (c)(2). Pub. L. 104-132, Sec. 502(2)(A), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''the

defendant is a national of the United States, as defined in section

101 of the Immigration and Nationality Act (8 U.S.C. 1101);''.

Subsec. (c)(3). Pub. L. 104-132, Sec. 502(2)(B), struck out ''at

the time of the offense the nuclear material is in use, storage, or

transport, for peaceful purposes, and'' before ''after the

conduct'' and struck out ''or'' at end.

Subsec. (c)(4). Pub. L. 104-132, Sec. 502(2)(C), substituted

''nuclear material or nuclear byproduct material'' for ''nuclear

material for peaceful purposes'' and ''; or'' for period at end.

Subsec. (c)(5). Pub. L. 104-132, Sec. 502(2)(D), added par. (5).

Subsec. (f)(1)(A). Pub. L. 104-132, Sec. 502(3)(A)(i), struck out

''with an isotopic concentration not in excess of 80 percent

plutonium 238'' after ''plutonium''.

Subsec. (f)(1)(C). Pub. L. 104-132, Sec. 502(3)(A)(ii),

substituted ''enriched uranium, defined as uranium'' for

''uranium''.

Subsec. (f)(2) to (7). Pub. L. 104-132, Sec. 502(3)(B)-(F), added

par. (2), redesignated former pars. (2) to (4) as (3) to (5),

respectively, and added pars. (6) and (7).

1994 - Subsec. (b)(1)(A), (2)(A). Pub. L. 103-322 substituted

''fined under this title'' for ''fine of not more than $250,000''.

Subsec. (c)(1). Pub. L. 103-272 substituted ''section 46501 of

title 49'' for ''section 101 of the Federal Aviation Act of 1958

(49 U.S.C. 1301)''.

1988 - Subsec. (e)(2) to (6). Pub. L. 100-690 redesignated pars.

(3) to (6) as (2) to (5), respectively.

SHORT TITLE OF 1982 AMENDMENT

Section 1 of Pub. L. 97-351 provided that: ''This Act (enacting

this section and amending section 1116 of this title) may be cited

as the 'Convention on the Physical Protection of Nuclear Material

Implementation Act of 1982'.''

FINDINGS AND PURPOSE OF TITLE V OF PUB. L. 104-132 RELATING TO

NUCLEAR MATERIALS

Section 501 of title V of Pub. L. 104-132 provided that:

''(a) Findings. - The Congress finds that -

''(1) nuclear materials, including byproduct materials, can be

used to create radioactive dispersal devices that are capable of

causing serious bodily injury as well as substantial damage to

property and to the environment;

''(2) the potential use of nuclear materials, including

byproduct materials, enhances the threat posed by terrorist

activities and thereby has a greater effect on the security

interests of the United States;

''(3) due to the widespread hazards presented by the threat of

nuclear contamination, as well as nuclear bombs, the United

States has a strong interest in ensuring that persons who are

engaged in the illegal acquisition and use of nuclear materials,

including byproduct materials, are prosecuted for their offenses;

''(4) the threat that nuclear materials will be obtained and

used by terrorist and other criminal organizations has increased

substantially since the enactment in 1982 of the legislation that

implemented the Convention on the Physical Protection of Nuclear

Material, codified at section 831 of title 18, United States

Code;

''(5) the successful efforts to obtain agreements from other

countries to dismantle nuclear weapons have resulted in increased

packaging and transportation of nuclear materials, thereby

decreasing the security of such materials by increasing the

opportunity for unlawful diversion and theft;

''(6) the trafficking in the relatively more common,

commercially available, and usable nuclear and byproduct

materials creates the potential for significant loss of life and

environmental damage;

''(7) report trafficking incidents in the early 1990's suggest

that the individuals involved in trafficking in these materials

from Eurasia and Eastern Europe frequently conducted their black

market sales of these materials within the Federal Republic of

Germany, the Baltic States, the former Soviet Union, Central

Europe, and to a lesser extent in the Middle European countries;

''(8) the international community has become increasingly

concerned over the illegal possession of nuclear and nuclear

byproduct materials;

''(9) the potentially disastrous ramifications of increased

access to nuclear and nuclear byproduct materials pose such a

significant threat that the United States must use all lawful

methods available to combat the illegal use of such materials;

''(10) the United States has an interest in encouraging United

States corporations to do business in the countries that

comprised the former Soviet Union, and in other developing

democracies;

''(11) protection of such United States corporations from

threats created by the unlawful use of nuclear materials is

important to the success of the effort to encourage business

ventures in these countries, and to further the foreign relations

and commerce of the United States;

''(12) the nature of nuclear contamination is such that it may

affect the health, environment, and property of United States

nationals even if the acts that constitute the illegal activity

occur outside the territory of the United States, and are

primarily directed toward foreign nationals; and

''(13) there is presently no Federal criminal statute that

provides adequate protection to United States interests from

nonweapons grade, yet hazardous radioactive material, and from

the illegal diversion of nuclear materials that are held for

other than peaceful purposes.

''(b) Purpose. - The purpose of this title (enacting section

2332c of this title, amending this section and sections 175, 177,

178, and 2332a of this title, and enacting provisions set out as

notes under section 262 of Title 42, The Public Health and Welfare,

and section 1522 of Title 50, War and National Defense) is to

provide Federal law enforcement agencies with the necessary means

and the maximum authority permissible under the Constitution to

combat the threat of nuclear contamination and proliferation that

may result from the illegal possession and use of radioactive

materials.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 951, 1956, 2332b, 2339,

2339A, 2516 of this title.

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18 USC Sec. 832 to 835 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 39 - EXPLOSIVES AND OTHER DANGEROUS ARTICLES

-HEAD-

(Sec. 832 to 835. Repealed. Pub. L. 96-129, title II, Sec. 216(b),

Nov. 30, 1979, 93 Stat. 1015)

-MISC1-

Section 832, acts June 25, 1948, ch. 645, 62 Stat. 738; Sept. 6,

1960, Pub. L. 86-710, 74 Stat. 809, related to transportation of

explosives, radioactive materials, etiologic agents, and other

dangerous articles.

Section 833, acts June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6,

1960, Pub. L. 86-710, 74 Stat. 810, related to marking of packages

containing explosives and other dangerous articles.

Section 834, acts June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6,

1960, Pub. L. 86-710, 74 Stat. 810, related to formulation of

regulations by Interstate Commerce Commission regarding

transportation of explosives and other dangerous articles within

United States.

Section 835, acts June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6,

1960, Pub. L. 86-710, 74 Stat. 811; Oct. 15, 1970, Pub. L. 91-452,

title II, Sec. 222, 84 Stat. 929; Oct. 17, 1978, Pub. L. 95-473,

Sec. 2(a)(1)(B), 92 Stat. 1464, authorized Interstate Commerce

Commission to administer, execute and enforce all provisions of

sections 831 to 835 of this title.

EFFECTIVE DATE OF REPEAL

Section 217 of Pub. L. 96-129 provided that the repeal is

effective Nov. 30, 1979.

SAVINGS PROVISION

Pub. L. 96-129, title II, Sec. 218, Nov. 30, 1979, 93 Stat. 1015,

provided a savings provision for orders, determinations, rules,

regulations, permits, contracts, certificates, licenses, and

privileges issued, made, granted, or allowed to become effective

under former sections 831 to 835 of this title, prior to repeal by

Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.

-CITE-

18 USC Sec. 836 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 39 - EXPLOSIVES AND OTHER DANGEROUS ARTICLES

-HEAD-

Sec. 836. Transportation of fireworks into State prohibiting sale

or use

-STATUTE-

Whoever, otherwise than in the course of continuous interstate

transportation through any State, transports fireworks into any

State, or delivers them for transportation into any State, or

attempts so to do, knowing that such fireworks are to be delivered,

possessed, stored, transshipped, distributed, sold, or otherwise

dealt with in a manner or for a use prohibited by the laws of such

State specifically prohibiting or regulating the use of fireworks,

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

year, or both.

This section shall not apply to a common or contract carrier or

to international or domestic water carriers engaged in interstate

commerce or to the transportation of fireworks into a State for the

use of Federal agencies in the carrying out or the furtherance of

their operations.

In the enforcement of this section, the definitions of fireworks

contained in the laws of the respective States shall be applied.

As used in this section, the term ''State'' includes the several

States, Territories, and possessions of the United States, and the

District of Columbia.

This section shall be effective from and after July 1, 1954.

-SOURCE-

(Added June 4, 1954, ch. 261, Sec. 1, 68 Stat. 170; amended Pub. L.

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

2147.)

-MISC1-

AMENDMENTS

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

''fined not more than $1,000'' in first par.

FIREWORKS FOR AGRICULTURAL PURPOSES

Section 3 of act June 4, 1954, provided that: ''This Act

(enacting this section) shall not be effective with respect to -

''(1) the transportation of fireworks into any State or

Territory for use solely for agricultural purposes,

''(2) the delivery of fireworks for transportation into any

State or Territory for use solely for agricultural purposes, or

''(3) any attempt to engage in any such transportation or

delivery for use solely for agricultural purposes, until sixty

days have elapsed after the commencement of the next regular

session of the legislature of such State or Territory which

begins after the date of enactment of this Act (June 4, 1954).''

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18 USC Sec. 837 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 39 - EXPLOSIVES AND OTHER DANGEROUS ARTICLES

-HEAD-

(Sec. 837. Repealed. Pub. L. 91-452, title XI, Sec. 1106(b)(1),

Oct. 15, 1970, 84 Stat. 960)

-MISC1-

Section, Pub. L. 86-449, title II, Sec. 203, May 6, 1960, 74

Stat. 87, related to illegal use or possession of explosives and

threats or false information concerning attempts to damage or

destroy real or personal property by fire or explosives. See

section 844 of this title.

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