-CITE-

18 USC CHAPTER 91 - PUBLIC LANDS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

.

-HEAD-

CHAPTER 91 - PUBLIC LANDS

-MISC1-

Sec.

1851. Coal depredations.

1852. Timber removed or transported.

1853. Trees cut or injured.

1854. Trees boxed for pitch or turpentine.

1855. Timber set afire.

1856. Fires left unattended and unextinguished.

1857. Fences destroyed; livestock entering.

1858. Survey marks destroyed or removed.

1859. Surveys interrupted.

1860. Bids at land sales.

1861. Deception of prospective purchasers.

(1862. Repealed.)

1863. Trespass on national forest lands.

1864. Hazardous or injurious devices on Federal lands.

AMENDMENTS

1990 - Pub. L. 101-647, title XXXV, Sec. 3554, Nov. 29, 1990, 104

Stat. 4927, struck out item 1862 ''Trespass on Bull Run National

Forest''.

1988 - Pub. L. 100-690, title VI, Sec. 6254(g), Nov. 18, 1988,

102 Stat. 4367, added item 1864.

1949 - Act May 24, 1949, ch. 139, Sec. 41, 63 Stat. 95,

substituted in analysis ''1859'' for ''1959'', and added item 1863.

-CITE-

18 USC Sec. 1851 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1851. Coal depredations

-STATUTE-

Whoever mines or removes coal of any character, whether

anthracite, bituminous, or lignite, from beds or deposits in lands

of, or reserved to the United States, with intent wrongfully to

appropriate, sell, or dispose of the same, shall be fined under

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

This section shall not interfere with any right or privilege

conferred by existing laws of the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 787; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 103a, 103b (July 3,

1926, ch. 780, Sec. 1, 2, 44 Stat. 891).

Section consolidates sections 103a and 103b of title 18, U.S.C.,

1940 ed.

Words ''deemed guilty of misdemeanor'' were deleted as

unnecessary in view of definitive section 1 of this title. (See

also reviser's note under section 212 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

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

-CITE-

18 USC Sec. 1852 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1852. Timber removed or transported

-STATUTE-

Whoever cuts, or wantonly destroys any timber growing on the

public lands of the United States; or

Whoever removes any timber from said public lands, with intent to

export or to dispose of the same; or

Whoever, being the owner, master, pilot, operator, or consignee

of any vessel, motor vehicle, or aircraft or the owner, director,

or agent of any railroad, knowingly transports any timber so cut or

removed from said lands, or lumber manufactured therefrom -

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

year, or both.

This section shall not prevent any miner or agriculturist from

clearing his land in the ordinary working of his mining claim, or

in the preparation of his farm for tillage, or from taking the

timber necessary to support his improvements, or the taking of

timber for the use of the United States; nor shall it interfere

with or take away any right or privilege under any existing law of

the United States to cut or remove timber from any public lands.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 787; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 103 (Mar. 4, 1909, ch.

321, Sec. 49, 35 Stat. 1098).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Words ''motor vehicle or aircraft'' were inserted in third

paragraph to remove any doubt as to scope of section in view of

rapidly advancing methods of transportation.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

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

-CITE-

18 USC Sec. 1853 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1853. Trees cut or injured

-STATUTE-

Whoever unlawfully cuts, or wantonly injures or destroys any tree

growing, standing, or being upon any land of the United States

which, in pursuance of law, has been reserved or purchased by the

United States for any public use, or upon any Indian reservation,

or lands belonging to or occupied by any tribe of Indians under the

authority of the United States, or any Indian allotment while the

title to the same shall be held in trust by the Government, or

while the same shall remain inalienable by the allottee without the

consent of the United States, shall be fined under this title or

imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 787; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 104 (Mar. 4, 1909, ch.

321, Sec. 50, 35 Stat. 1098; June 25, 1910, ch. 431, Sec. 6, 36

Stat. 857).

Reference to persons aiding or procuring was deleted as

unnecessary since such persons are made principals by section 2 of

this title.

Maximum fine was increased from $500 to $1,000 to conform to

other comparable sections of this chapter. (See sections 1851 and

1852 of this title.)

Minor changes were also made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 552d.

-CITE-

18 USC Sec. 1854 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1854. Trees boxed for pitch or turpentine

-STATUTE-

Whoever cuts, chips, chops, or boxes any tree upon any lands

belonging to the United States, or upon any lands covered by or

embraced in any unperfected settlement, application, filing, entry,

selection, or location, made under any law of the United States,

for the purpose of obtaining from such tree any pitch, turpentine,

or other substance; or

Whoever buys, trades for, or in any manner acquires any pitch,

turpentine, or other substance, or any article or commodity made

from any such pitch, turpentine, or other substance, with knowledge

that the same has been so unlawfully obtained -

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

year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 788; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 105 (Mar. 4, 1909, ch.

321, Sec. 51, 35 Stat. 1098).

Reference to persons aiding, encouraging, or causing was deleted

as unnecessary since such persons are made principals by section 2

of this title.

Maximum fine was increased from $500 to $1,000 to conform to

other comparable sections of this chapter. (See sections 1851 and

1852 of this title.)

Minor changes also were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

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

-CITE-

18 USC Sec. 1855 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1855. Timber set afire

-STATUTE-

Whoever, willfully and without authority, sets on fire any

timber, underbrush, or grass or other inflammable material upon the

public domain or upon any lands owned or leased by or under the

partial, concurrent, or exclusive jurisdiction of the United

States, or under contract for purchase or for the acquisition of

which condemnation proceedings have been instituted, or upon any

Indian reservation or lands belonging to or occupied by any tribe

or group of Indians under authority of the United States, or upon

any Indian allotment while the title to the same shall be held in

trust by the Government, or while the same shall remain inalienable

by the allottee without the consent of the United States, shall be

fined under this title or imprisoned not more than five years, or

both.

This section shall not apply in the case of a fire set by an

allottee in the reasonable exercise of his proprietary rights in

the allotment.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 788; Pub. L. 100-690, title VI,

Sec. 6254(j), Nov. 18, 1988, 102 Stat. 4368.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 106 (Mar. 4, 1909, ch.

321, Sec. 52, 35 Stat. 1098; Nov. 15, 1941, ch. 472, Sec. 1, 55

Stat. 763).

Surplus verbiage and unnecessary enumerations were omitted.

Words ''without authority'' were inserted near beginning of

section so as to remove any doubt as to scope or meaning of

section.

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor verbal changes were made.

AMENDMENTS

1988 - Pub. L. 100-690 substituted ''under this title'' for ''not

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

-CITE-

18 USC Sec. 1856 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1856. Fires left unattended and unextinguished

-STATUTE-

Whoever, having kindled or caused to be kindled, a fire in or

near any forest, timber, or other inflammable material upon any

lands owned, controlled or leased by, or under the partial,

concurrent, or exclusive jurisdiction of the United States,

including lands under contract for purchase or for the acquisition

of which condemnation proceedings have been instituted, and

including any Indian reservation or lands belonging to or occupied

by any tribe or group of Indians under the authority of the United

States, or any Indian allotment while the title to the same is held

in trust by the United States, or while the same shall remain

inalienable by the allottee without the consent of the United

States, leaves said fire without totally extinguishing the same, or

permits or suffers said fire to burn or spread beyond his control,

or leaves or suffers said fire to burn unattended, shall be fined

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

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 788; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 107 (Mar. 4, 1909, ch.

321, Sec. 53, 35 Stat. 1908; June 25, 1910, ch. 431, Sec. 6, 36

Stat. 857; Nov. 15, 1941, ch. 472, Sec. 2, 55 Stat. 764).

Words ''without hard labor'' which followed ''six months'' and

preceded ''or both'' were omitted as unnecessary. (See reviser's

note under section 1 of this title.)

Enumeration of applicable condemnation statutes was deleted and

section extended and made applicable to all lands in process of

condemnation by the government. This does no violence to the

intent of Congress and clarifies the section considerably.

Other changes in phraseology were made.

AMENDMENTS

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

''fined not more than $500''.

-CITE-

18 USC Sec. 1857 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1857. Fences destroyed; livestock entering

-STATUTE-

Whoever knowingly and unlawfully breaks, opens, or destroys any

gate, fence, hedge, or wall inclosing any lands of the United

States reserved or purchased for any public use; or

Whoever drives any cattle, horses, hogs, or other livestock upon

any such lands for the purposes of destroying the grass or trees on

said lands, or where they may destroy the said grass or trees; or

Whoever knowingly permits his cattle, horses, hogs, or other

livestock to enter through any such inclosure upon any such lands

of the United States, where such cattle, horses, hogs, or other

livestock may or can destroy the grass or trees or other property

of the United States on the said lands -

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

year, or both.

This section shall not apply to unreserved public lands.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 788; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 111 (Mar. 4, 1909, ch.

321, Sec. 56, 35 Stat. 1099).

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $500'' in fourth par.

-CITE-

18 USC Sec. 1858 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1858. Survey marks destroyed or removed

-STATUTE-

Whoever willfully destroys, defaces, changes, or removes to

another place any section corner, quarter-section corner, or

meander post, on any Government line of survey, or willfully cuts

down any witness tree or any tree blazed to mark the line of a

Government survey, or willfully defaces, changes, or removes any

monument or bench mark of any Government survey, shall be fined

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

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 789; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 111 (Mar. 4, 1909, ch.

321, Sec. 57, 35 Stat. 1099).

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $250''.

-CITE-

18 USC Sec. 1859 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1859. Surveys interrupted

-STATUTE-

Whoever, by threats or force, interrupts, hinders, or prevents

the surveying of the public lands, or of any private land claim

which has been or may be confirmed by the United States, by the

persons authorized to survey the same in conformity with the

instructions of the Director of the Bureau of Land Management,

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

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 789; May 24, 1949, ch. 139, Sec.

42, 63 Stat. 95; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(J),

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

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 112 (Mar. 4, 1909, ch.

321, Sec. 58, 35 Stat. 1099).

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in phraseology.

1949 ACT

This section (section 42) substitutes, in section 1859 of title

18, U.S.C., ''Director of the Bureau of Land Management'' for

''Commissioner of the General Land Office,'' in view of the

abolishment of the General Land Office, and the office of

Commissioner thereof, by 1946 Reorganization Plan No. 3, Sec. 403,

effective July 16, 1946 (11 F.R. 7876). Such plan consolidated the

functions of the General Land Office and of the Grazing Service to

form a new agency, the Bureau of Land Management, in the Department

of the Interior and headed by a Director.

AMENDMENTS

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

''fined not more than $3,000''.

1949 - Act May 24, 1949, substituted ''Director of the Bureau of

Land Management'' for ''Commissioner of the General Land Office''.

-CITE-

18 USC Sec. 1860 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1860. Bids at land sales

-STATUTE-

Whoever bargains, contracts, or agrees, or attempts to bargain,

contract, or agree with another that such other shall not bid upon

or purchase any parcel of lands of the United States offered at

public sale; or

Whoever, by intimidation, combination, or unfair management,

hinders, prevents, or attempts to hinder or prevent, any person

from bidding upon or purchasing any tract of land so offered for

sale -

Shall be fined not more than $1,000 or imprisoned not more than

one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 789.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 113 (Mar. 4, 1909, ch.

321, Sec. 59, 35 Stat. 1099).

Imprisonment provision was reduced from ''two years'' to ''one

year,'' thus placing the offense in the category of misdemeanors

which may be prosecuted on information. The lesser punishment

seems adequate.

Minor changes were made in phraseology and arrangement.

-CITE-

18 USC Sec. 1861 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1861. Deception of prospective purchasers

-STATUTE-

Whoever, for a reward paid or promised to him in that behalf,

undertakes to locate for an intending purchaser, settler, or

entryman any public lands of the United States subject to

disposition under the public-land laws, and who willfully and

falsely represents to such intending purchaser, settler, or

entryman that any tract of land shown to him is public land of the

United States subject to sale, settlement, or entry, or that it is

of a particular surveyed description, with intent to deceive the

person to whom such representation is made, or who, in reckless

disregard of the truth, falsely represents to any such person that

any tract of land shown to him is public land of the United States

subject to sale, settlement, or entry, or that it is of a

particular surveyed description, thereby deceiving the person to

whom such representation is made, shall be fined under this title

or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 789; Pub. L. 103-322, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 114 (Feb. 23, 1917, ch.

115, 39 Stat. 936).

Words ''deemed guilty of a misdemeanor and'' which preceded

''punished'' were omitted as unnecessary in view of definitive

section 1 of this title.

Minor changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The public-land laws, referred to in text, are classified

generally to Title 43, Public Lands.

-MISC2-

AMENDMENTS

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

''fined not more than $300''.

-CITE-

18 USC Sec. 1862 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

(Sec. 1862. Repealed. Pub. L. 95-200, Sec. 3(c), Nov. 23, 1977, 91

Stat. 1428)

-MISC1-

Section, act June 25, 1948, ch. 645, 62 Stat. 789, imposed a fine

of not more than $500 or imprisonment of not more than six months

as the penalty for knowingly trespassing upon the reserve known as

the Bull Run National Forest in the Cascade Mountains. See note set

out under section 482b of Title 16, Conservation, for the remainder

of Pub. L. 95-200, including savings provisions therein, which in

addition to repealing this section created the Bull Run Watershed

Management Unit, Mount Hood National Forest.

-CITE-

18 USC Sec. 1863 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1863. Trespass on national forest lands

-STATUTE-

Whoever, without lawful authority or permission, goes upon any

national-forest land while it is closed to the public pursuant to

lawful regulation of the Secretary of Agriculture, shall be fined

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

-SOURCE-

(Added May 24, 1949, ch. 139, Sec. 43, 63 Stat. 95; amended Pub. L.

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

2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section (section 43) incorporates in revised title 18,

U.S.C., as section 1863 thereof, and with changes in phraseology,

the provisions of act of February 10, 1948 (ch. 51, 62 Stat. 19),

which was not incorporated in title 18 when the revision was

enacted. The phrase ''without hard labor'' is omitted from the

punishment clause as unnecessary, in conformity with the uniform

style of such title. (See reviser's note to sec. 1 of such revised

title, appearing in H. Rept. No. 304, April 24, 1947, to accompany

H.R. 3190, 80th Cong. (pp. A2, A4 of such report).) The concluding

proviso that ''nothing herein shall be construed to limit the

authority of the Secretary of Agriculture under other law to

otherwise provide for regulating the occupancy and use of

national-forest lands and lands administered by the Forest

Service'', is omitted as surplusage.

AMENDMENTS

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

''fined not more than $500''.

-CITE-

18 USC Sec. 1864 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 91 - PUBLIC LANDS

-HEAD-

Sec. 1864. Hazardous or injurious devices on Federal lands

-STATUTE-

(a) Whoever -

(1) with the intent to violate the Controlled Substances Act,

(2) with the intent to obstruct or harass the harvesting of

timber, or

(3) with reckless disregard to the risk that another person

will be placed in danger of death or bodily injury and under

circumstances manifesting extreme indifference to such risk,

uses a hazardous or injurious device on Federal land, on an Indian

reservation, or on an Indian allotment while the title to such

allotment is held in trust by the United States or while such

allotment remains inalienable by the allottee without the consent

of the United States shall be punished under subsection (b).

(b) An individual who violates subsection (a) shall -

(1) if death of an individual results, be fined under this

title or imprisoned for any term of years or for life, or both;

(2) if serious bodily injury to any individual results, be

fined under this title or imprisoned for not more than 40 years,

or both;

(3) if bodily injury to any individual results, be fined under

this title or imprisoned for not more than 20 years, or both;

(4) if damage to the property of any individual results or if

avoidance costs have been incurred exceeding $10,000, in the

aggregate, be fined under this title or imprisoned for not more

than 20 years, or both; and

(5) in any other case, be fined under this title or imprisoned

for not more than one year.

(c) Any individual who is punished under subsection (b)(5) after

one or more prior convictions under any such subsection shall be

fined under this title or imprisoned for not more than 20 years, or

both.

(d) As used in this section -

(1) 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; and

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

member, organ, or mental faculty;

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

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

(B) physical pain;

(C) illness;

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

mental faculty; or

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

(3) the term ''hazardous or injurious device'' means a device,

which when assembled or placed, is capable of causing bodily

injury, or damage to property, by the action of any person making

contact with such device subsequent to the assembly or

placement. Such term includes guns attached to trip wires or

other triggering mechanisms, ammunition attached to trip wires or

other triggering mechanisms, or explosive devices attached to

trip wires or other triggering mechanisms, sharpened stakes,

lines or wires, lines or wires with hooks attached, nails placed

so that the sharpened ends are positioned in an upright manner,

or tree spiking devices including spikes, nails, or other objects

hammered, driven, fastened, or otherwise placed into or on any

timber, whether or not severed from the stump; and

(4) the term ''avoidance costs'' means costs incurred by any

individual for the purpose of -

(A) detecting a hazardous or injurious device; or

(B) preventing death, serious bodily injury, bodily injury,

or property damage likely to result from the use of a hazardous

or injurious device in violation of subsection (a).

(e) Any person injured as the result of a violation of subsection

(a) may commence a civil action on his own behalf against any

person who is alleged to be in violation of subsection (a). The

district courts shall have jurisdiction, without regard to the

amount in controversy or the citizenship of the parties, in such

civil actions. The court may award, in addition to monetary

damages for any injury resulting from an alleged violation of

subsection (a), costs of litigation, including reasonable attorney

and expert witness fees, to any prevailing or substantially

prevailing party, whenever the court determines such award is

appropriate.

-SOURCE-

(Added Pub. L. 100-690, title VI, Sec. 6254(f), Nov. 18, 1988, 102

Stat. 4366; amended Pub. L. 101-647, title XXXV, Sec. 3555, Nov.

29, 1990, 104 Stat. 4927; Pub. L. 103-322, title XXXIII, Sec.

330007, Sept. 13, 1994, 108 Stat. 2142; Pub. L. 104-134, title I,

Sec. 101(c) (title III, Sec. 330), Apr. 26, 1996, 110 Stat.

1321-156, 1321-208; renumbered title I, Pub. L. 104-140, Sec. 1(a),

May 2, 1996, 110 Stat. 1327.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in subsec. (a)(1), is

title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 21 and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(2). Pub. L. 104-134, Sec. 101(c) (title III,

Sec. 330(1)(A)), substituted ''40'' for ''twenty''.

Subsec. (b)(3). Pub. L. 104-134, Sec. 101(c) (title III, Sec.

330(1)(B)), substituted ''20'' for ''ten''.

Subsec. (b)(4). Pub. L. 104-134, Sec. 101(c) (title III, Sec.

330(1)(C), (D)), substituted ''if damage to the property of any

individual results or if avoidance costs have been incurred

exceeding $10,000, in the aggregate,'' for ''if damage exceeding

$10,000 to the property of any individual results,'' and ''20'' for

''ten''.

Subsec. (c). Pub. L. 104-134, Sec. 101(c) (title III, Sec.

330(2)), substituted ''20'' for ''ten''.

Subsec. (d)(4). Pub. L. 104-134, Sec. 101(c) (title III, Sec.

330(3)), added par. (4).

Subsec. (e). Pub. L. 104-134, Sec. 101(c) (title III, Sec.

330(4)), added subsec. (e).

1994 - Subsec. (c). Pub. L. 103-322 substituted ''(b)(5)'' for

''(b)(3), (4), or (5)''.

1990 - Subsec. (d)(1)(D), (E). Pub. L. 101-647 struck out ''and''

at end of subpar. (D) and substituted ''; and'' for period at end

of subpar. (E).

-CITE-