CHAPTER 65—MALICIOUS MISCHIEF

        

Editorial Notes

Amendments

2003—Pub. L. 108–29, §2(b), May 29, 2003, 117 Stat. 772, added item 1369.

2000—Pub. L. 106–254, §2(b), Aug. 2, 2000, 114 Stat. 638, added item 1368.

1990—Pub. L. 101–647, title XXXV, §3543, Nov. 29, 1990, 104 Stat. 4926, inserted a period after "1366".

1986—Pub. L. 99–646, §29(b), Nov. 10, 1986, 100 Stat. 3598, redesignated item 1365, relating to destruction of an energy facility, as item 1366.

Pub. L. 99–508, title III, §303(b), Oct. 21, 1986, 100 Stat. 1873, added item 1367.

1984—Section 1365(d) of this title as added by Pub. L. 98–473, title II, §1011(a), Oct. 12, 1984, 98 Stat. 2141, added item 1365, relating to destruction of an energy facility.

1983—Pub. L. 98–127, §3, Oct. 13, 1983, 97 Stat. 832, added item 1365, relating to tampering with consumer products.

§1361. Government property or contracts

Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:

If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103–322, title XXXII, §320903(d)(1), title XXXIII, §330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2125, 2147; Pub. L. 104–294, title VI, §§601(a)(3), 605(e), 606(a), Oct. 11, 1996, 110 Stat. 3498, 3510, 3511.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §82 (Mar. 4, 1909, ch. 321, §35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197).

The embezzlement and theft provisions of section 82 of title 18, U.S.C., 1940 ed., are now incorporated in section 641 of this title.

Words "or any corporation in which the United States of America is a stockholder" were omitted as unnecessary in view of definition of "agency" in section 6 of this title.

Designation of the place of confinement as "in a jail" was omitted because section 4082 of this title commits all prisoners to the custody of the Attorney General or his authorized representative, who shall designate the place of confinement. (See reviser's note under section 1 of this title.)

The smaller penalty for offenses involving $50 or less was extended to offenses involving $100 or less. The use of $50 as the dividing line between felonies and misdemeanors originated at a time when that sum was of much greater value than $100 is now.

The word "damage" was substituted twice for the word "value", and the definition of "value" was omitted as inapplicable to this section. These words and definition, however, are retained in that part of said section 82 which is now section 641 of this title.

Minor changes were made in phraseology.

Editorial Notes

Amendments

1996—Pub. L. 104–294, §605(e), inserted comma after "foregoing offenses" in first par.

Pub. L. 104–294, §§601(a)(3), 606(a), in second par., substituted "fine under this title" for "fine of under this title" in two places and "$1,000" for "$100" in two places.

1994—Pub. L. 103–322, §320903(d)(1)(A), inserted "or attempts to commit any of the foregoing offenses" before "shall be punished" in first par.

Pub. L. 103–322, §330016(1)(H), (L), in second par., substituted "under this title" for "not more than $10,000" before "or imprisonment for not more than ten years" and for "not more than $1,000" before "or by imprisonment for not more than one year".

Pub. L. 103–322, §320903(d)(1)(B), inserted "or attempted damage" after "damage" in two places in second par.

§1362. Communication lines, stations or systems

Whoever willfully or maliciously injures or destroys any of the works, property, or material of any radio, telegraph, telephone or cable, line, station, or system, or other means of communication, operated or controlled by the United States, or used or intended to be used for military or civil defense functions of the United States, whether constructed or in process of construction, or willfully or maliciously interferes in any way with the working or use of any such line, or system, or willfully or maliciously obstructs, hinders, or delays the transmission of any communication over any such line, or system, or attempts or conspires to do such an act, shall be fined under this title or imprisoned not more than ten years, or both.

In the case of any works, property, or material, not operated or controlled by the United States, this section shall not apply to any lawful strike activity, or other lawful concerted activities for the purposes of collective bargaining or other mutual aid and protection which do not injure or destroy any line or system used or intended to be used for the military or civil defense functions of the United States.

(June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 87–306, Sept. 26, 1961, 75 Stat. 669; Pub. L. 103–322, title XXXII, §320903(d)(2), title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2125, 2147; Pub. L. 107–56, title VIII, §811(c), Oct. 26, 2001, 115 Stat. 381.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §116 (Mar. 4, 1909, ch. 321, §60, 35 Stat. 1099).

This section was extended to include radio and radio stations. Minor changes were made in phraseology.

Editorial Notes

Amendments

2001—Pub. L. 107–56, in first par., struck out "or attempts willfully or maliciously to injure or destroy" after "Whoever willfully or maliciously injures or destroys" and inserted "or attempts or conspires to do such an act," before "shall be fined".

1994—Pub. L. 103–322, in first par., inserted "or attempts willfully or maliciously to injure or destroy" after "willfully or maliciously injures or destroys" and substituted "fined under this title" for "fined not more than $10,000".

1961—Pub. L. 87–306 extended the provisions of the section to means of communication used or intended to be used for military or civil defense functions of the United States, made the provisions inapplicable to lawful strike activities, which do not injure any line or system used for such functions, and increased the punishment by fine from $1,000 to $10,000 and by imprisonment from 3 to 10 years.

§1363. Buildings or property within special maritime and territorial jurisdiction

Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously destroys or injures any structure, conveyance, or other real or personal property, or attempts or conspires to do such an act, shall be fined under this title or imprisoned not more than five years, or both, and if the building be a dwelling, or the life of any person be placed in jeopardy, shall be fined under this title or imprisoned not more than twenty years, or both.

(June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103–322, title XXXIII, §330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–132, title VII, §703, Apr. 24, 1996, 110 Stat. 1294; Pub. L. 107–56, title VIII, §811(d), Oct. 26, 2001, 115 Stat. 381.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§464, 465 (Mar. 4, 1909, ch. 321, §§285, 286, 35 Stat. 1144).

Said sections were consolidated and rewritten both as to form and substance. The provisions relating to arson are incorporated in section 81 of this title. (See reviser's note under said section 81 of this title for explanation of changes.)

Editorial Notes

Amendments

2001—Pub. L. 107–56 struck out "or attempts to destroy or injure" after "destroys or injures" and inserted "or attempts or conspires to do such an act," after "personal property,".

1996—Pub. L. 104–132 substituted "any structure, conveyance, or other real or personal property" for "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".

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $1,000" after "shipping, shall be" and for "fined not more than $5,000" after "jeopardy, shall be".

§1364. Interference with foreign commerce by violence

Whoever, with intent to prevent, interfere with, or obstruct or attempt to prevent, interfere with, or obstruct the exportation to foreign countries of articles from the United States, injures or destroys, by fire or explosives, such articles or the places where they may be while in such foreign commerce, shall be fined under this title or imprisoned not more than twenty years, or both.

(June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103–322, title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §381 (June 15, 1917, ch. 30, titles IV, XIII, §1, 40 Stat. 221, 231; Mar. 28, 1940, ch. 72, §4, 54 Stat. 79).

Mandatory punishment provisions were rephrased in the alternative.

Definition of the term "United States" was omitted and incorporated in section 5 of this title.

Minor verbal changes were made.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $10,000".

§1365. Tampering with consumer products

(a) Whoever, with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, tampers with any consumer product that affects interstate or foreign commerce, or the labeling of, or container for, any such product, or attempts to do so, shall—

(1) in the case of an attempt, be fined under this title or imprisoned not more than ten years, or both;

(2) if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both;

(3) if serious bodily injury to any individual results, be fined under this title or imprisoned not more than twenty years, or both; and

(4) in any other case, be fined under this title or imprisoned not more than ten years, or both.

(b) Whoever, with intent to cause serious injury to the business of any person, taints any consumer product or renders materially false or misleading the labeling of, or container for, a consumer product, if such consumer product affects interstate or foreign commerce, shall be fined under this title or imprisoned not more than three years, or both.

(c)(1) Whoever knowingly communicates false information that a consumer product has been tainted, if such product or the results of such communication affect interstate or foreign commerce, and if such tainting, had it occurred, would create a risk of death or bodily injury to another person, shall be fined under this title or imprisoned not more than five years, or both.

(2) As used in paragraph (1) of this subsection, the term "communicates false information" means communicates information that is false and that the communicator knows is false, under circumstances in which the information may reasonably be expected to be believed.

(d) Whoever knowingly threatens, under circumstances in which the threat may reasonably be expected to be believed, that conduct that, if it occurred, would violate subsection (a) of this section will occur, shall be fined under this title or imprisoned not more than five years, or both.

(e) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties intentionally engages in any conduct in furtherance of such offense, shall be fined under this title or imprisoned not more than ten years, or both.

(f)(1) Whoever, without the consent of the manufacturer, retailer, or distributor, intentionally tampers with a consumer product that is sold in interstate or foreign commerce by knowingly placing or inserting any writing in the consumer product, or in the container for the consumer product, before the sale of the consumer product to any consumer shall be fined under this title, imprisoned not more than 1 year, or both.

(2) Notwithstanding the provisions of paragraph (1), if any person commits a violation of this subsection after a prior conviction under this section becomes final, such person shall be fined under this title, imprisoned for not more than 3 years, or both.

(3) In this subsection, the term "writing" means any form of representation or communication, including hand-bills, notices, or advertising, that contain letters, words, or pictorial representations.

(g) In addition to any other agency which has authority to investigate violations of this section, the Food and Drug Administration and the Department of Agriculture, respectively, have authority to investigate violations of this section involving a consumer product that is regulated by a provision of law such Administration or Department, as the case may be, administers.

(h) As used in this section—

(1) the term "consumer product" means—

(A) any "food", "drug", "device", or "cosmetic", as those terms are respectively defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); or

(B) any article, product, or commodity which is customarily produced or distributed for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which is designed to be consumed or expended in the course of such consumption or use;

(2) the term "labeling" has the meaning given such term in section 201(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(m));

(3) 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; and

(4) 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.

(Added Pub. L. 98–127, §2, Oct. 13, 1983, 97 Stat. 831; amended Pub. L. 101–647, title XXXV, §3544, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 103–322, title XXXIII, §330016(1)(L), (O), (Q), (S), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 107–307, §2, Dec. 2, 2002, 116 Stat. 2445.)

Editorial Notes

Codification

Another section 1365 was renumbered section 1366 of this title.

Amendments

2002—Subsecs. (f) to (h). Pub. L. 107–307 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

1994—Subsec. (a)(1). Pub. L. 103–322, §330016(1)(O), substituted "fined under this title" for "fined not more than $25,000".

Subsec. (a)(2), (3). Pub. L. 103–322, §330016(1)(S), substituted "fined under this title" for "fined not more than $100,000".

Subsec. (a)(4). Pub. L. 103–322, §330016(1)(Q), substituted "fined under this title" for "fined not more than $50,000".

Subsec. (b). Pub. L. 103–322, §330016(1)(L), substituted "fined under this title" for "fined not more than $10,000".

Subsecs. (c)(1), (d), (e). Pub. L. 103–322, §330016(1)(O), substituted "fined under this title" for "fined not more than $25,000".

1990—Subsec. (g)(1)(A). Pub. L. 101–647 inserted opening quotation marks before "device".

Statutory Notes and Related Subsidiaries

Short Title of 2002 Amendment

Pub. L. 107–307, §1, Dec. 2, 2002, 116 Stat. 2445, provided that: "This Act [amending this section] may be cited as the 'Product Packaging Protection Act of 2002'."

Short Title

Pub. L. 98–127, §1, Oct. 13, 1983, 97 Stat. 831, provided: "That this Act [enacting this section and section 155A of Title 35, Patents] may be cited as the 'Federal Anti-Tampering Act'."

§1366. Destruction of an energy facility

(a) Whoever knowingly and willfully damages or attempts or conspires to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been completed, or if the object of the conspiracy had been achieved, have exceeded $100,000, or damages or attempts or conspires to damage the property of an energy facility in any amount and causes or attempts or conspires to cause a significant interruption or impairment of a function of an energy facility, shall be punishable by a fine under this title or imprisonment for not more than 20 years, or both.

(b) Whoever knowingly and willfully damages or attempts to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been completed have exceeded $5,000 shall be punishable by a fine under this title, or imprisonment for not more than five years, or both.

(c) For purposes of this section, the term "energy facility" means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in section 60101 of title 49.

(d) Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life.

(Added Pub. L. 98–473, title II, §1011(a), Oct. 12, 1984, 98 Stat. 2141, §1365; renumbered §1366, Pub. L. 99–646, §29(a), Nov. 10, 1986, 100 Stat. 3598; amended Pub. L. 101–647, title XXXV, §§3545, 3546, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 103–272, §5(e)(9), July 5, 1994, 108 Stat. 1374; Pub. L. 103–322, title XXXII, §320903(d)(3), title XXXIII, §330016(2)(C), Sept. 13, 1994, 108 Stat. 2125, 2148; Pub. L. 107–56, title VIII, §810(b), Oct. 26, 2001, 115 Stat. 380; Pub. L. 109–177, title IV, §406(c)(2), Mar. 9, 2006, 120 Stat. 245.)

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–177 substituted "attempts or conspires" for "attempts" wherever appearing and inserted ", or if the object of the conspiracy had been achieved," after "the attempted offense had been completed".

2001—Subsec. (a). Pub. L. 107–56, §810(b)(1), substituted "20 years" for "ten years".

Subsec. (d). Pub. L. 107–56, §810(b)(2), added subsec. (d).

1994—Subsec. (a). Pub. L. 103–322, §330016(2)(C), substituted "fine under this title" for "fine of not more than $50,000".

Pub. L. 103–322, §320903(d)(3), inserted "or attempts to damage" after "damages" in two places, "or would if the attempted offense had been completed have exceeded" after "exceeds", and "or attempts to cause" after "causes".

Subsec. (b). Pub. L. 103–322, §330016(2)(C), substituted "fine under this title" for "fine of not more than $25,000".

Pub. L. 103–322, §320903(d)(3)(A), (C), inserted "or attempts to damage" after "damages" and "or would if the attempted offense had been completed have exceeded" after "exceeds".

Subsec. (c). Pub. L. 103–272 substituted "an interstate gas pipeline facility as defined in section 60101 of title 49" for "interstate transmission facilities, as defined in section 2 of the Natural Gas Pipeline Safety Act of 1968".

1990—Subsec. (c). Pub. L. 101–647, §3545, substituted "section 2 of the Natural Gas Pipeline Safety Act of 1968" for "49 U.S.C. 1671".

Subsec. (d). Pub. L. 101–647, §3546, struck out subsec. (d) which read as follows: "The table of contents for chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new item: '1365 Destruction of an energy facility.' "

§1367. Interference with the operation of a satellite

(a) Whoever, without the authority of the satellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or obstructs or hinders any satellite transmission shall be fined in accordance with this title or imprisoned not more than ten years or both.

(b) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or of an intelligence agency of the United States.

(Added Pub. L. 99–508, title III, §303(a), Oct. 21, 1986, 100 Stat. 1872.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title.

§1368. Harming animals used in law enforcement

(a) Whoever willfully and maliciously harms any police animal, or attempts or conspires to do so, shall be fined under this title and imprisoned not more than 1 year. If the offense permanently disables or disfigures the animal, or causes serious bodily injury to or the death of the animal, the maximum term of imprisonment shall be 10 years.

(b) In this section, the term "police animal" means a dog or horse employed by a Federal agency (whether in the executive, legislative, or judicial branch) for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders.

(Added Pub. L. 106–254, §2(a), Aug. 2, 2000, 114 Stat. 638; amended Pub. L. 107–273, div. B, title IV, §4003(a)(4), Nov. 2, 2002, 116 Stat. 1811.)

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–273 inserted "to" after "serious bodily injury".

Statutory Notes and Related Subsidiaries

Short Title of 2000 Amendment

Pub. L. 106–254, §1, Aug. 2, 2000, 114 Stat. 638, provided that: "This Act [enacting this section] may be cited as the 'Federal Law Enforcement Animal Protection Act of 2000'."

§1369. Destruction of veterans' memorials

(a) Whoever, in a circumstance described in subsection (b), willfully injures or destroys, or attempts to injure or destroy, any structure, plaque, statue, or other monument on public property commemorating the service of any person or persons in the armed forces of the United States shall be fined under this title, imprisoned not more than 10 years, or both.

(b) A circumstance described in this subsection is that—

(1) in committing the offense described in subsection (a), the defendant travels or causes another to travel in interstate or foreign commerce, or uses the mail or an instrumentality of interstate or foreign commerce; or

(2) the structure, plaque, statue, or other monument described in subsection (a) is located on property owned by, or under the jurisdiction of, the Federal Government.

(Added Pub. L. 108–29, §2(a), May 29, 2003, 117 Stat. 772.)

Statutory Notes and Related Subsidiaries

Short Title of 2003 Amendment

Pub. L. 108–29, §1, May 29, 2003, 117 Stat. 772, provided that: "This Act [enacting this section and provisions set out as a note under section 109 of Title 23, Highways] may be cited as the 'Veterans' Memorial Preservation and Recognition Act of 2003'."