Legislación
US (United States) Code. Title 18. Chapter 111: Shipping
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18 USC CHAPTER 111 - SHIPPING 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 111 - SHIPPING
.
-HEAD-
CHAPTER 111 - SHIPPING
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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.
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18 USC Sec. 2271 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 111 - SHIPPING
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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
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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
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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
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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.
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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.
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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.
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18 USC Sec. 2276 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 111 - SHIPPING
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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''.
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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.
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AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under
this title'' for ''fined not more than $1,000'' in second par.
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18 USC Sec. 2278 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 111 - SHIPPING
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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''.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3671 of this title.
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18 USC Sec. 2279 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 111 - SHIPPING
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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.
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |