Title 18 United States Code - Crimes and Criminal Procedure

Part I - Crimes

Chapter 40 - Importation, Manufacture, Distribution and Storage of 

Explosive Material

Section 844 - Penalties 

• (a) Any person who -

• (1) violates any of subsections (a) through (i) or (l) through 

• (o) of section 842 shall be fined under this title, imprisoned 

for not more than 10 years, or both; and 

(2) violates subsection (p)(2) of section 842, shall be fined 

under this title, imprisoned not more than 20 years, or both. 

• (b) Any person who violates any other provision of section 842 of this chapter 

shall be fined under this title or imprisoned not more than one year, or both. 

• (c) 

• (1) Any explosive materials involved or used or intended to be used in any 

violation of the provisions of this chapter or any other rule or regulation 

promulgated thereunder or any violation of any criminal law of the United 

States shall be subject to seizure and forfeiture, and all provisions of the 

Internal Revenue Code of 1986 relating to the seizure, forfeiture, and 

disposition of firearms, as defined in section 5845(a) of that Code, shall, 

so far as applicable, extend to seizures and forfeitures under the 

provisions of this chapter. 

• (2) Notwithstanding paragraph (1), in the case of the seizure of any 

explosive materials for any offense for which the materials would be 

subject to forfeiture in which it would be impracticable or unsafe to remove 

the materials to a place of storage or would be unsafe to store them, the 

seizing officer may destroy the explosive materials forthwith. Any 

destruction under this paragraph shall be in the presence of at least 1 

credible witness. The seizing officer shall make a report of the seizure and 

take samples as the Secretary may by regulation prescribe. 

• (3) Within 60 days after any destruction made pursuant to paragraph (2), 

the owner of (including any person having an interest in) the property so 

destroyed may make application to the Secretary for reimbursement of the 

value of the property. If the claimant establishes to the satisfaction of the 

Secretary that -

• (A) the property has not been used or involved in a violation 

of law; or 

• (B) any unlawful involvement or use of the property was without 

the claimant's knowledge, consent, or willful blindness, the 

Secretary shall make an allowance to the claimant not exceeding 

the value of the property destroyed. 

• (d) Whoever transports or receives, or attempts to transport or receive, in 

interstate or foreign commerce any explosive with the knowledge or intent that it 

will be used to kill, injure, or intimidate any individual or unlawfully to damage or 

destroy any building, vehicle, or other real or personal property, shall be 
imprisoned for not more than ten years, or fined under this title, or both; and if 

personal injury results to any person, including any public safety officer 

performing duties as a direct or proximate result of conduct prohibited by this 

subsection, shall be imprisoned for not more than twenty years or fined under 

this title, or both; and if death results to any person, including any public safety 

officer performing duties as a direct or proximate result of conduct prohibited by 

this subsection, shall be subject to imprisonment for any term of years, or to the 

death penalty or to life imprisonment. 

• (e) Whoever, through the use of the mail, telephone, telegraph, or other 

instrument of interstate or foreign commerce, or in or affecting interstate or 

foreign commerce, willfully makes any threat, or maliciously conveys false 

information knowing the same to be false, concerning an attempt or alleged 

attempt being made, or to be made, to kill, injure, or intimidate any individual or 

unlawfully to damage or destroy any building, vehicle, or other real or personal 

property by means of fire or an explosive shall be imprisoned for not more than 

10 years or fined under this title, or both. 

• (f) 

• (1) Whoever maliciously damages or destroys, or attempts to damage or 

destroy, by means of fire or an explosive, any building, vehicle, or other 

personal or real property in whole or in part owned or possessed by, or 

leased to, the United States, or any department or agency thereof, shall 

be imprisoned for not less than 5 years and not more than 20 years, fined 

under this title, or both. 

• (2) Whoever engages in conduct prohibited by this subsection, and as a 

result of such conduct, directly or proximately causes personal injury or 

creates a substantial risk of injury to any person, including any public 

safety officer performing duties, shall be imprisoned for not less than 7 

years and not more than 40 years, fined under this title, or both. 

• (3) Whoever engages in conduct prohibited by this subsection, and as a 

result of such conduct directly or proximately causes the death of any 

person, including any public safety officer performing duties, shall be 

subject to the death penalty, or imprisoned for not less than 20 years or for 

life, fined under this title, or both. 

• (g) 

• (1) Except as provided in paragraph (2), whoever possesses an explosive 

in an airport that is subject to the regulatory authority of the Federal 

Aviation Administration, or in any building in whole or in part owned, 

possessed, or used by, or leased to, the United States or any department 

or agency thereof, except with the written consent of the agency, 

department, or other person responsible for the management of such 

building or airport, shall be imprisoned for not more than five years, or 

fined under this title, or both. 

• (2) The provisions of this subsection shall not be applicable to -

• (A) the possession of ammunition (as that term is defined in 

regulations issued pursuant to this chapter) in an airport that 

is subject to the regulatory authority of the Federal Aviation 
Administration if such ammunition is either in checked baggage or 

in a closed container; or 

• (B) the possession of an explosive in an airport if the 

packaging and transportation of such explosive is exempt from, or 

subject to and in accordance with, regulations of the Research 

and Special Projects Administration for the handling of hazardous 

materials pursuant to chapter 51 of title 49. 

• (h) Whoever -

• (1) uses fire or an explosive to commit any felony which may be 

prosecuted in a court of the United States, or 

• (2) carries an explosive during the commission of any felony 

which may be prosecuted in a court of the United States, including a 

felony which provides for an enhanced punishment if committed by the 

use of a deadly or dangerous weapon or device shall, in addition to the 

punishment provided for such felony, be sentenced to imprisonment for 10 

years. In the case of a second or subsequent conviction under this 

subsection, such person shall be sentenced to imprisonment for 20 years. 

Notwithstanding any other provision of law, the court shall not place on 

probation or suspend the sentence of any person convicted of a violation 

of this subsection, nor shall the term of imprisonment imposed under this 

subsection run concurrently with any other term of imprisonment including 

that imposed for the felony in which the explosive was used or carried. 

• (i) Whoever maliciously damages or destroys, or attempts to damage or destroy, 

by means of fire or an explosive, any building, vehicle, or other real or personal 

property used in interstate or foreign commerce or in any activity affecting 

interstate or foreign commerce shall be imprisoned for not less than 5 years and 

not more than 20 years, fined under this title, or both; and if personal injury 

results to any person, including any public safety officer performing duties as a 

direct or proximate result of conduct prohibited by this subsection, shall be 

imprisoned for not less than 7 years and not more than 40 years, fined under this 

title, or both; and if death results to any person, including any public safety officer 

performing duties as a direct or proximate result of conduct prohibited by this 

subsection, shall also be subject to imprisonment for any term of years, or to the 

death penalty or to life imprisonment. 

• (j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this 

section and section 842(p), the term ''explosive'' means gunpowders, 

powders used for blasting, all forms of high explosives, blasting materials, 

fuzes (other than electric circuit breakers), detonators, and other 

detonating agents, smokeless powders, other explosive or incendiary 

devices within the meaning of paragraph (5) of section 232 of this title, and 

any chemical compounds, mechanical mixture, or device that contains any 

oxidizing and combustible units, or other ingredients, in such proportions, 

quantities, or packing that ignition by fire, by friction, by concussion, by 

percussion, or by detonation of the compound, mixture, or device or any 

part thereof may cause an explosion. 
• (k) A person who steals any explosives materials which are moving as, or 

are a part of, or which have moved in, interstate or foreign commerce shall 

be imprisoned for not more than 10 years, fined under this title, or both. 

• (l) A person who steals any explosive material from a licensed importer, 

licensed manufacturer, or licensed dealer, or from any permittee shall be 

fined under this title, imprisoned not more than 10 years, or both. 

• (m) A person who conspires to commit an offense under subsection (h) 

shall be imprisoned for any term of years not exceeding 20, fined under 

this title, or both. 

• (n) Except as otherwise provided in this section, a person who conspires 

to commit any offense defined in this chapter shall be subject to the same 

penalties (other than the penalty of death) as the penalties prescribed for 

the offense the commission of which was the object of the conspiracy. 

• (o) Whoever knowingly transfers any explosive materials, knowing or 

having reasonable cause to believe that such explosive materials will be 

used to commit a crime of violence (as defined in section 924(c)(3)) or 

drug trafficking crime (as defined in section 924(c)(2)) shall be subject to 

the same penalties as may be imposed under subsection (h) for a first 

conviction for the use or carrying of an explosive material.