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18 USC CHAPTER 5 - ARSON 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 5 - ARSON

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CHAPTER 5 - ARSON

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Sec.

81. Arson within special maritime and territorial jurisdiction.

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18 USC Sec. 81 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 5 - ARSON

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Sec. 81. Arson within special maritime and territorial jurisdiction

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Whoever, within the special maritime and territorial jurisdiction

of the United States, willfully and maliciously sets fire to or

burns any building, structure or vessel, any machinery or building

materials or supplies, military or naval stores, munitions of war,

or any structural aids or appliances for navigation or shipping, or

attempts or conspires to do such an act, shall be imprisoned for

not more than 25 years, fined the greater of the fine under this

title or the cost of repairing or replacing any property that is

damaged or destroyed, or both.

If the building be a dwelling or if the life of any person be

placed in jeopardy, he shall be fined under this title or

imprisoned for any term of years or for life, or both.

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(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 103-322, title

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

Pub. L. 104-132, title VII, Sec. 708(b), Apr. 24, 1996, 110 Stat.

1296; Pub. L. 107-56, title VIII, Sec. 810(a), 811(a), Oct. 26,

2001, 115 Stat. 380, 381.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 464, 465 (Mar. 4, 1909,

ch. 321, Sec. 285, 286, 35 Stat. 1144).

Sections were consolidated and rewritten both as to form and

substance and that part of each section relating to destruction of

property by means other than burning constitutes section 1363 of

this title.

The words ''within the maritime and territorial jurisdiction of

the United States'' were added to preserve existing limitations of

territorial applicability. (See section 7 of this title and note

thereunder.)

The phrase ''any building, structure, or vessel, any machinery or

building materials and supplies, military or naval stores,

munitions of war or any structural aids or appliances for

navigation or shipping'' was substituted for ''any dwelling house,

or any store, barn, stable, or other building, parcel of a dwelling

house'', in section 464 of title 18, U.S.C., 1940 ed., and ''any

arsenal, armory, magazine, rope walk, ship house, warehouse,

blockhouse, or barrack, or any storehouse, barn or stable, not

parcel of a dwelling house, or any other building not mentioned in

the section last preceding, or any vessel, built, building, or

undergoing repair, or any lighthouse, or beacon, or any machinery,

timber, cables, rigging, or other materials or appliances for

building, repairing or fitting out vessels, or any pile of wood,

boards, or other lumber, or any military, naval or victualing

stores, arms, or other munitions of war'', in section 465 of title

18, U.S.C., 1940 ed. The substituted phrase is a concise and

comprehensive description of the things enumerated in both

sections.

The punishment provisions are new and are graduated with some

regard to the gravity of the offense. It was felt that a possible

punishment of 20 years for burning a wood pile or injuring or

destroying an outbuilding was disproportionate and not in harmony

with recent legislation.

AMENDMENTS

2001 - Pub. L. 107-56, in first par., struck out '', or attempts

to set fire to or burn'' after ''maliciously sets fire to or

burns'' and inserted ''or attempts or conspires to do such an

act,'' before ''shall be imprisoned'' and, in second par.,

substituted ''for any term of years or for life'' for ''not more

than twenty years''.

1996 - Pub. L. 104-132, in first par., substituted ''imprisoned

for not more than 25 years, fined the greater of the fine under

this title or the cost of repairing or replacing any property that

is damaged or destroyed, or both'' for ''fined under this title or

imprisoned not more than five years, or both''.

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

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

more than $5,000'' in second par.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2332b, 2339A, 3295, 5032

of this title.

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