900 
‘‘(1) the offense is committed in whole or in 
part within the United States; or 
‘‘(2) regardless of where the offense is com-
mitted, the alleged offender is— 
‘‘(A) a national of the United States (as 
that term is defined in section 101 of the Immi-
gration and Nationality Act); 
‘‘(B) an alien lawfully admitted for perma-
nent residence in the United States (as that 
term is defined in section 101 of the Immigra-
tion and Nationality Act); 
‘‘(C) a stateless person whose habitual res-
idence is in the United States; or 
‘‘(D) present in the United States. 
‘‘(e) NONAPPLICABILITY
OF
CERTAIN
LIMITA-
TIONS.—Notwithstanding section 3282, in the case of an 
offense under this section, an indictment may be found, 
or information instituted, at any time without limitation. 
‘‘§ 1282. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘children’ means the plural and 
means individuals who have not attained the age of 
eighteen years; 
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‘‘(2) the term ‘ethnic group’ means a set of in-
dividuals whose identity as such is distinctive in 
terms of common cultural traditions or heritage; 
‘‘(3) the term ‘incites’ means urges another to 
engage imminently in conduct in circumstances 
under which there is a substantial likelihood of im-
minently causing such conduct; 
‘‘(4) the term ‘members’ means the plural; 
‘‘(5) the term ‘national group’ means a set of 
individuals whose identity as such is distinctive in 
terms of nationality or national origins; 
‘‘(6) the term ‘racial group’ means a set of indi-
viduals whose identity as such is distinctive in terms 
of physical characteristics or biological descent; 
‘‘(7) the term ‘religious group’ means a set of 
individuals whose identity as such is distinctive in 
terms of common religious creed, beliefs, doctrines, 
practices, or rituals; and 
‘‘(8) the term ‘substantial part’ means a part of 
a group of such numerical significance that the de-
struction or loss of that part would cause the de-
struction of the group as a viable entity within the 
nation of which such group is a part. 
‘‘SUBCHAPTER D—TORTURE 
‘‘Sec. 
‘‘1291. Torture. 
‘‘1292. Definitions. 
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‘‘§ 1291. Torture 
‘‘(a) OFFENSE.—Whoever outside the United States 
commits or attempts to commit torture shall be impris-
oned not more than 20 years and if death results to any 
person from conduct prohibited by this subsection, shall 
be punished by death or imprisoned for any term of years 
or for life. 
‘‘(b) JURISDICTION.—There is jurisdiction over the 
activity prohibited in subsection (a) if— 
‘‘(1) the alleged offender is a national of the 
United States; or 
‘‘(2) the alleged offender is present in the 
United States, irrespective of the nationality of the 
victim or alleged offender. 
‘‘(c) CONSPIRACY.—A person who conspires to com-
mit an offense under this section 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. 
‘‘§ 1292. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘torture’ means an act committed 
by a person acting under the color of law specifically 
intended to inflict severe physical or mental pain or 
suffering (other than pain or suffering incidental to 
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lawful sanctions) upon another person within his 
custody or physical control; and 
‘‘(2) the term ‘severe mental pain or suffering’ 
means the prolonged mental harm caused by or re-
sulting from— 
‘‘(A) the intentional infliction or threat-
ened infliction of severe physical pain or suf-
fering; 
‘‘(B) the administration or application, or 
threatened administration or application, of 
mind-altering substances or other procedures 
calculated to disrupt profoundly the senses or 
the personality; 
‘‘(C) the threat of imminent death; or 
‘‘(D) the threat that another person will 
imminently be subjected to death, severe phys-
ical pain or suffering, or the administration or 
application of mind-altering substances or other 
procedures calculated to disrupt profoundly the 
senses or personality. 
‘‘SUBCHAPTER E—WAR CRIMES 
‘‘Sec. 
‘‘1296. War crimes. 
‘‘1297. Recruitment or use of child soldiers. 
‘‘§ 1296. War crimes 
‘‘(a) OFFENSE.—Whoever, whether inside or outside 
the United States, commits a war crime, in any of the 
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circumstances described in subsection (b), shall be impris-
oned for life or any term of years and if death results 
to the victim, shall also be subject to the penalty of death. 
‘‘(b) CIRCUMSTANCES.—The circumstances referred 
to in subsection (a) are that the person committing such 
war crime or the victim of such war crime is a member 
of the Armed Forces of the United States or a national 
of the United States (as defined in section 101 of the Im-
migration and Nationality Act). 
‘‘(c) DEFINITION.—As used in this section the term 
‘war crime’ means any conduct— 
‘‘(1) defined as a grave breach in any of the 
international conventions signed at Geneva 12 Au-
gust 1949, or any protocol to such convention to 
which the United States is a party; 
‘‘(2) prohibited by Article 23, 25, 27, or 28 of 
the Annex to the Hague Convention IV, Respecting 
the Laws and Customs of War on Land, signed 18 
October 1907; 
‘‘(3) which constitutes a grave breach of com-
mon Article 3 (as defined in subsection (d)) when 
committed in the context of and in association with 
an armed conflict not of an international character; 
or 
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‘‘(4) of a person who, in relation to an armed 
conflict and contrary to the Protocol on Prohibitions 
or Restrictions on the Use of Mines, Booby-Traps 
and Other Devices as amended at Geneva on 3 May 
1996 (Protocol II as amended on 3 May 1996), 
when the United States is a party to such Protocol, 
knowingly kills or causes serious injury to civilians. 
‘‘(d) COMMON ARTICLE 3 VIOLATIONS.— 
‘‘(1) PROHIBITED
CONDUCT.—In subsection 
(c)(3), the term ‘grave breach of common Article 3’ 
means any conduct (such conduct constituting a 
grave breach of common Article 3 of the inter-
national conventions done at Geneva August 12, 
1949), as follows: 
‘‘(A) TORTURE.—The act of a person who 
commits an act specifically intended to inflict 
severe physical or mental pain or suffering 
(other than pain or suffering incidental to law-
ful sanctions) upon another person within his 
custody or physical control for the purpose of 
obtaining information or a confession, punish-
ment, intimidation, coercion, or any reason 
based on discrimination of any kind. 
‘‘(B) CRUEL OR INHUMAN TREATMENT.— 
The act of a person who commits an act in-
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placed out of combat by sickness, wounds, de-
tention, or any other cause, by disfiguring the 
person or persons by any mutilation thereof or 
by permanently disabling any member, limb, or 
organ of his body, without any legitimate med-
ical or dental purpose. 
‘‘(F) INTENTIONALLY
CAUSING
SERIOUS 
BODILY INJURY.—The act of a person who in-
tentionally causes serious bodily injury to one 
or more persons, including lawful combatants, 
in violation of the law of war. 
‘‘(G) RAPE.—The act of a person who 
forcibly or with coercion or threat of force 
wrongfully invades the body of a person by pen-
etrating, however slightly, the anal or genital 
opening of the victim with any part of the body 
of the accused, or with any foreign object. 
‘‘(H) SEXUAL ASSAULT OR ABUSE.—The 
act of a person who forcibly or with coercion or 
threat of force engages in sexual contact with 
one or more persons, or causes one or more per-
sons to engage in sexual contact. 
‘‘(I) TAKING
HOSTAGES.—The act of a 
person who, having knowingly seized or de-
tained one or more persons, threatens to kill, 
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injure, or continue to detain such person or per-
sons with the intent of compelling any nation, 
person other than the hostage, or group of per-
sons to act or refrain from acting as an explicit 
or implicit condition for the safety or release of 
such person or persons. 
‘‘(2) DEFINITIONS.—In the case of an offense 
under subsection (a) by reason of subsection 
(c)(3)— 
‘‘(A) the term ‘severe mental pain or suf-
fering’ shall be applied for purposes of para-
graphs (1)(A) and (1)(B) in accordance with 
the meaning given that term in section 1292(2); 
‘‘(B) the term ‘sexual contact’ shall be ap-
plied for purposes of paragraph (1)(G) in ac-
cordance with the meaning given that term in 
section 205(2); 
‘‘(C) the term ‘serious physical pain or suf-
fering’ shall be applied for purposes of para-
graph (1)(B) as meaning bodily injury that in-
volves— 
‘‘(i) a substantial risk of death; 
‘‘(ii) extreme physical pain; 
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‘‘(iii) a burn or physical disfigurement 
of a serious nature (other than cuts, abra-
sions, or bruises); or 
‘‘(iv) significant loss or impairment of 
the function of a bodily member, organ, or 
mental faculty; and 
‘‘(D) the term ‘serious mental pain or suf-
fering’ shall be applied for purposes of para-
graph (1)(B) in accordance with the meaning 
given the term ‘severe mental pain or suffering’ 
(as defined in section 1292(2)), except that— 
‘‘(i) the term ‘serious’ shall replace 
the term ‘severe’ where it appears; and 
‘‘(ii) as to conduct occurring after the 
date of the enactment of the Military Com-
missions Act of 2006, the term ‘serious 
and non-transitory mental harm (which 
need not be prolonged)’ shall replace the 
term ‘prolonged mental harm’ where it ap-
pears. 
‘‘(3) INAPPLICABILITY OF CERTAIN PROVISIONS 
WITH RESPECT TO COLLATERAL DAMAGE OR INCI-
DENT OF LAWFUL ATTACK.—The intent specified for 
the conduct stated in subparagraphs (D), (E), and 
(F) or paragraph (1) precludes the applicability of 
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those subparagraphs to an offense under subsection 
(a) by reasons of subsection (c)(3) with respect to— 
‘‘(A) collateral damage; or 
‘‘(B) death, damage, or injury incident to 
a lawful attack. 
‘‘(4) INAPPLICABILITY
OF
TAKING
HOSTAGES 
TO
PRISONER
EXCHANGE.—Paragraph (1)(I) does 
not apply to an offense under subsection (a) by rea-
son of subsection (c)(3) in the case of a prisoner ex-
change during wartime. 
‘‘(5) DEFINITION OF GRAVE BREACHES.—The 
definitions in this subsection are intended only to de-
fine the grave breaches of common Article 3 and not 
the full scope of United States obligations under 
that Article. 
‘‘§ 1297. Recruitment or use of child soldiers 
‘‘(a) OFFENSE.—Whoever knowingly— 
‘‘(1) recruits, enlists, or conscripts a person to 
serve while such person is under 15 years of age in 
an armed force or group; or 
‘‘(2) uses a person under 15 years of age to 
participate actively in hostilities; 
knowing such person is under 15 years of age, shall be 
punished as provided in subsection (b). 
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‘‘(b) PENALTY.—Whoever violates subsection (a) 
shall be imprisoned not more than 20 years, and, if death 
of any person results, shall be imprisoned for any term 
of years or for life. 
‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under this sec-
tion. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) PARTICIPATE ACTIVELY IN HOSTILITIES.— 
The term ‘participate actively in hostilities’ means 
taking part in— 
‘‘(A) combat or military activities related 
to combat, including sabotage and serving as a 
decoy, a courier, or at a military checkpoint; or 
‘‘(B) direct support functions related to 
combat, including transporting supplies or pro-
viding other services. 
‘‘(2) ARMED
FORCE
OR
GROUP.—The term 
‘armed force or group’ means any army, militia, or 
other military organization, whether or not it is 
state-sponsored, excluding any group assembled sole-
ly for nonviolent political association. 
‘‘CHAPTER 33—TRANSPORTATION 
RELATED CRIMES 
‘‘Subchapter 
‘‘A. Aircraft and motor vehicles 
‘‘B. Railroads 
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‘‘C. Seamen and stowaways 
‘‘D. Maritime-related crimes 
‘‘SUBCHAPTER A—AIRCRAFT AND MOTOR 
VEHICLES 
‘‘Sec. 
‘‘1301. Destruction of aircraft or aircraft facilities. 
‘‘1302. Destruction of motor vehicles or motor vehicle facilities. 
‘‘1303. Penalty when death results. 
‘‘1304. Imparting or conveying false information. 
‘‘1305. Violence at international airports. 
‘‘1306. Fraud involving aircraft or space vehicle parts in interstate or foreign 
commerce. 
‘‘1307. Aircraft piracy. 
‘‘1308. Interference with flight crew members and attendants. 
‘‘1309. Carrying a weapon or explosive on an aircraft. 
‘‘1310. Application of certain criminal laws to acts on aircraft. 
‘‘1311. Definitions. 
‘‘§ 1301. Destruction of aircraft or aircraft facilities 
‘‘(a) IN GENERAL.—Whoever knowingly without au-
thority— 
‘‘(1) sets fire to, damages, destroys, disables, or 
wrecks any aircraft in the special aircraft jurisdic-
tion of the United States or any civil aircraft used, 
operated, or employed in interstate, overseas, or for-
eign air commerce; 
‘‘(2) places or causes to be placed a destructive 
device or substance in, upon, or in proximity to, or 
otherwise makes or causes to be made unworkable or 
unusable or hazardous to work or use, any such air-
craft, or any part or other materials used or in-
tended to be used in connection with the operation 
of such aircraft, if such placing or causing to be 
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States while such aircraft is in service, a device or 
substance which is likely to destroy that aircraft, or 
to cause damage to that aircraft which renders that 
aircraft incapable of flight or which is likely to en-
danger that aircraft’s safety in flight, 
shall be imprisoned not more than 20 years. There is also 
extraterritorial jurisdiction over an offense under this sub-
section if a national of the United States was on board, 
or would have been on board, the aircraft; an offender is 
a national of the United States; or an offender is after-
wards found in the United States. 
‘‘(c) THREATS.—Whoever knowingly imparts or con-
veys any threat to do an act which would violate any of 
paragraphs (1) through (6) of subsection (a) or any of 
paragraphs (1) through (3) of subsection (b) of this sec-
tion, with an apparent determination and will to carry the 
threat into execution shall be imprisoned not more than 
five years. 
‘‘§ 1302. Destruction of motor vehicles or motor vehi-
cle facilities 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly, with intent to endanger the 
safety of any person on board or anyone who he be-
lieves will board the same, or with a reckless dis-
regard for the safety of human life, damages, dis-
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ables, destroys, tampers with, or places or causes to 
be placed any explosive or other destructive sub-
stance in, upon, or in proximity to, any motor vehi-
cle which is used, operated, or employed in interstate 
or foreign commerce, or its cargo or material used 
or intended to be used in connection with its oper-
ation; 
‘‘(2) knowingly, with like intent, damages, dis-
ables, destroys; 
‘‘(3) sets fire to, tampers with, or places or 
causes to be placed any explosive or other destruc-
tive substance in, upon, or in proximity to any ga-
rage, terminal, structure, supply, or facility used in 
the operation of, or in support of the operation of, 
motor vehicles engaged in interstate or foreign com-
merce or otherwise makes or causes such property to 
be made unworkable, unusable, or hazardous to 
work or use; or 
‘‘(4) with like intent, knowingly disables or in-
capacitates any driver or person employed in connec-
tion with the operation or maintenance of the motor 
vehicle, or in any way lessens the ability of such per-
son to perform his duties as such; 
shall be imprisoned not more than 20 years. 
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‘‘(b) INCREASED PENALTY.—Whoever is convicted of 
a violation of subsection (a) involving a motor vehicle that, 
at the time the violation occurred, carried high-level radio-
active waste (as that term is defined in section 2(12) of 
the Nuclear Waste Policy Act of 1982) or spent nuclear 
fuel (as that term is defined in section 2(23) of the Nu-
clear Waste Policy Act of 1982), shall be imprisoned for 
any term of years not less than 30, or for life. 
‘‘§ 1303. Penalty when death results 
‘‘Whoever is convicted of any crime prohibited by this 
subchapter, which has resulted in the death of any person, 
shall be subject also to the death penalty or to imprison-
ment for life. 
‘‘§ 1304. Imparting or conveying false information 
‘‘(a) CIVIL PENALTY.—Whoever imparts or conveys 
or causes to be imparted or conveyed false information, 
knowing the information to be false, concerning an at-
tempt or alleged attempt being made or to be made, to 
do any act which would be a crime prohibited by this sub-
chapter or subchapter B or D of this chapter shall be sub-
ject to a civil penalty of not more than $1,000 which shall 
be recoverable in a civil action brought in the name of 
the United States. 
‘‘(b) CRIMINAL OFFENSE.—Whoever knowingly, or 
with reckless disregard for the safety of human life, im-
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parts or conveys or causes to be imparted or conveyed 
false information, knowing the information to be false, 
concerning an attempt or alleged attempt being made or 
to be made, to do any act which would be a crime prohib-
ited by this subchapter or subchapter B or D of this chap-
ter shall be imprisoned not more than five years. 
‘‘§ 1305. Violence at international airports 
‘‘(a) OFFENSE.—Whoever unlawfully and knowingly, 
using any device, substance, or weapon— 
‘‘(1) performs an act of violence against a per-
son at an airport serving international civil aviation 
that causes or is likely to cause serious bodily injury 
or death; or 
‘‘(2) destroys or seriously damages the facilities 
of an airport serving international civil aviation or a 
civil aircraft not in service located thereon or dis-
rupts the services of the airport, 
shall be imprisoned not more than 20 years, and if the 
death of any person results from conduct prohibited by 
this subsection, shall be punished as provided in chapter 
10. 
‘‘(b) JURISDICTION.—There is jurisdiction over the 
prohibited activity in subsection (a) if— 
‘‘(1) the prohibited activity takes place in the 
United States; or 
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‘‘(2) the prohibited activity takes place outside 
the United States and— 
‘‘(A) the offender is later found in the 
United States; or 
‘‘(B) an offender or a victim is a national 
of 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. 
‘‘(d) DEFINITION.—As used in this section, the term 
‘labor dispute’ has the meaning set forth in section 13(c) 
of the Act of March 23, 1932 (47 Stat. 70) (commonly 
known as the Norris-LaGuardia Act). 
‘‘§ 1306. Fraud involving aircraft or space vehicle 
parts in interstate or foreign commerce 
‘‘(a) OFFENSES.—Whoever, in or affecting interstate 
or foreign commerce, knowingly and with the intent to de-
fraud— 
‘‘(1)(A) falsifies or conceals a material fact con-
cerning any aircraft or space vehicle part; 
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‘‘(B) makes any materially fraudulent represen-
tation concerning any aircraft or space vehicle part; 
or 
‘‘(C) makes or uses any materially false writing, 
entry, certification, document, record, data plate, 
label, or electronic communication concerning any 
aircraft or space vehicle part; or 
‘‘(2) exports from or imports or introduces into 
the United States, sells, trades, installs on or in any 
aircraft or space vehicle any aircraft or space vehicle 
part using or by means of a fraudulent representa-
tion, document, record, certification, depiction, data 
plate, label, or electronic communication; 
shall be punished as provided in subsection (b). 
‘‘(b) PENALTIES.—The punishment for an offense 
under subsection (a) is as follows: 
‘‘(1) AVIATION QUALITY.—If the offense relates 
to the aviation quality of a part and the part is in-
stalled in an aircraft or space vehicle, a fine of not 
more than $500,000, imprisonment for not more 
than 15 years, or both. 
‘‘(2) 
FAILURE
TO
OPERATE
AS
REP-
RESENTED.—If, by reason of the failure of the part 
to operate as represented, the part to which the of-
fense is related is the proximate cause of a malfunc-
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tion or failure that results in serious bodily injury, 
a fine of not more than $1,000,000, imprisonment 
for not more than 20 years, or both. 
‘‘(3) FAILURE RESULTING IN DEATH.—If, by 
reason of the failure of the part to operate as rep-
resented, the part to which the offense is related is 
the proximate cause of a malfunction or failure that 
results in the death of any person, a fine of not 
more than $1,000,000, imprisonment for any term 
of years or life, or both. 
‘‘(4) OTHER CIRCUMSTANCES.—In the case of 
an offense under subsection (a) not described in 
paragraph (1), (2), or (3) of this subsection, a fine 
under this title, imprisonment for not more than 10 
years, or both. 
‘‘(5) ORGANIZATIONS.—If the offense is com-
mitted by an organization, a fine of not more than— 
‘‘(A) $10,000,000 in the case of an offense 
described in paragraph (1) or (4); and 
‘‘(B) $20,000,000 in the case of an offense 
described in paragraph (2) or (3). 
‘‘(c) CIVIL REMEDIES.—The district courts of the 
United States shall have jurisdiction to prevent and re-
strain violations of this section by issuing appropriate or-
ders, including— 
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‘‘(1) ordering a person (convicted of an offense 
under this section) to divest any interest, direct or 
indirect, in any enterprise used to commit or facili-
tate the commission of the offense, or to destroy, or 
to mutilate and sell as scrap, aircraft material or 
part inventories or stocks; 
‘‘(2) imposing reasonable restrictions on the fu-
ture activities or investments of any such person, in-
cluding prohibiting engagement in the same type of 
endeavor as used to commit the offense; and 
‘‘(3) ordering the dissolution or reorganization 
of any enterprise knowingly used to commit or facili-
tate the commission of an offense under this section 
making due provisions for the rights and interests of 
innocent persons. 
‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under this sec-
tion. 
‘‘§ 1307. Aircraft piracy 
‘‘(a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) For 
the purposes of this subsection— 
‘‘(A) the term ‘aircraft piracy’ means seizing or 
exercising control of an aircraft in the special air-
craft jurisdiction of the United States by force, vio-
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lence, threat of force or violence, or any form of in-
timidation, and with wrongful intent; and 
‘‘(B) an attempt to commit aircraft piracy is in 
the special aircraft jurisdiction of the United States 
although the aircraft is not in flight at the time of 
the attempt if the aircraft would have been in the 
special aircraft jurisdiction of the United States had 
the aircraft piracy been completed. 
‘‘(2) Whoever commits aircraft piracy shall be impris-
oned for not less than 20 years. 
‘‘(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.— 
(1) Whoever commits an offense (as defined in the Con-
vention for the Suppression of Unlawful Seizure of Air-
craft) on an aircraft in flight outside the special aircraft 
jurisdiction of the United States shall be imprisoned for 
at least 20 years. 
‘‘(2) There is extraterritorial jurisdiction over the of-
fense in paragraph (1) if— 
‘‘(A) a national of the United States was 
aboard the aircraft; 
‘‘(B) an offender is a national of the United 
States; or 
‘‘(C) an offender is afterwards found in the 
United States. 
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‘‘§ 1308. Interference with flight crew members and 
attendants 
‘‘An individual on an aircraft in the special aircraft 
jurisdiction of the United States who, by assaulting or in-
timidating a flight crew member or flight attendant of the 
aircraft, interferes with the performance of the duties of 
the member or attendant or lessens the ability of the mem-
ber or attendant to perform those duties, shall be impris-
oned for not more than 20 years. However, if a dangerous 
weapon is used in assaulting or intimidating the member 
or attendant, the individual shall be imprisoned for any 
term of years or for life. 
‘‘§ 1309. Carrying a weapon or explosive on an air-
craft 
‘‘(a) DEFINITION.—In this section, ‘loaded firearm’ 
means a starter gun or a weapon designed or converted 
to expel a projectile through an explosive, that has a car-
tridge, a detonator, or powder in the chamber, magazine, 
cylinder, or clip. 
‘‘(b) GENERAL CRIMINAL PENALTY.—An individual 
shall be imprisoned for not more than 10 years if the indi-
vidual— 
‘‘(1) when on, or attempting to get on, an air-
craft in, or intended for operation in, air transpor-
tation or intrastate air transportation, has on or 
about the individual or the property of the individual 
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a concealed dangerous weapon that is or would be 
accessible to the individual in flight; 
‘‘(2) has placed, attempted to place, or at-
tempted to have placed a loaded firearm on that air-
craft in property not accessible to passengers in 
flight; or 
‘‘(3) has on or about the individual, or has 
placed, attempted to place, or attempted to have 
placed on that aircraft, an explosive or incendiary 
device. 
‘‘(c) CRIMINAL PENALTY INVOLVING DISREGARD 
FOR HUMAN LIFE.—An individual who willfully and with-
out regard for the safety of human life, or with reckless 
disregard for the safety of human life, violates subsection 
(b) of this section, shall be imprisoned for not more than 
20 years, and, if death results to any person, shall be im-
prisoned for any term of years or for life. 
‘‘(d) NONAPPLICATION.—Subsection (b)(1) of this 
section does not apply to— 
‘‘(1) a law enforcement officer of a State or po-
litical subdivision of a State, or an officer or em-
ployee of the United States Government, authorized 
to carry arms in an official capacity; 
‘‘(2) another individual the Administrator of 
the Federal Aviation Administration or the Under 
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Secretary of Transportation for Security by regula-
tion authorizes to carry a dangerous weapon in air 
transportation or intrastate air transportation; or 
‘‘(3) an individual transporting a weapon (ex-
cept a loaded firearm) in baggage not accessible to 
a passenger in flight if the air carrier was informed 
of the presence of the weapon. 
‘‘§ 1310. Application of certain criminal laws to acts 
on aircraft 
‘‘An individual on an aircraft in the special aircraft 
jurisdiction of the United States who commits an act 
that— 
‘‘(1) if committed in the special maritime and 
territorial jurisdiction of the United States would 
violate section 102, 111, 121, 141, 649, 650, or sub-
chapter A of chapter 13, shall be imprisoned under 
that section or chapter; or 
‘‘(2) if committed in the District of Columbia 
would violate section 9 of the Act of July 29, 1892 
(D.C. Code Sec. 22–1112), shall be imprisoned 
under section 9 of the Act. 
‘‘§ 1311. Definitions 
‘‘(a) DEFINITIONS.—As used in sections 1301 
through 1306, the following definitions apply: 
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‘‘(1) AIRCRAFT.—The term ‘aircraft’ means a 
civil, military, or public contrivance invented, used, 
or designed to navigate, fly, or travel in the air. 
‘‘(2) AVIATION QUALITY.—The term ‘aviation 
quality’, with respect to a part of an aircraft or 
space vehicle, means the quality of having been man-
ufactured, constructed, produced, maintained, re-
paired, overhauled, rebuilt, reconditioned, or restored 
in conformity with applicable standards specified by 
law (including applicable regulations). 
‘‘(3) DESTRUCTIVE
SUBSTANCE.—The term 
‘destructive substance’ means an explosive sub-
stance, flammable material, infernal machine, or 
other chemical, mechanical, or radioactive device or 
matter of a combustible, contaminative, corrosive, or 
explosive nature. 
‘‘(4) IN FLIGHT.—The term ‘in flight’ means— 
‘‘(A) any time from the moment at which 
all the external doors of an aircraft are closed 
following embarkation until the moment when 
any such door is opened for disembarkation; 
and 
‘‘(B) in the case of a forced landing, until 
competent authorities take over the responsi-
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bility for the aircraft and the persons and prop-
erty on board. 
‘‘(5) IN
SERVICE.—The term ‘in service’ 
means— 
‘‘(A) any time from the beginning of pre-
flight preparation of an aircraft by ground per-
sonnel or by the crew for a specific flight until 
24 hours after any landing; and 
‘‘(B) in any event includes the entire pe-
riod during which the aircraft is in flight. 
‘‘(6) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ means every description of carriage or other con-
trivance propelled or drawn by mechanical power 
and used for commercial purposes on the highways 
in the transportation of passengers, passengers and 
property, or property or cargo. 
‘‘(7) PART.—The term ‘part’ means a frame, 
assembly, component, appliance, engine, propeller, 
material, part, spare part, piece, section, or related 
integral or auxiliary equipment. 
‘‘(8) SPACE VEHICLE.—The term ‘space vehicle’ 
means a man-made device, either manned or un-
manned, designed for operation beyond the Earth’s 
atmosphere. 
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‘‘(9) USED FOR COMMERCIAL PURPOSES.—The 
term ‘used for commercial purposes’ means the car-
riage of persons or property for any fare, fee, rate, 
charge or other consideration, or directly or indi-
rectly in connection with any business, or other un-
dertaking intended for profit. 
‘‘(b) TERMS DEFINED IN OTHER LAW.—In this sub-
chapter, the terms ‘aircraft engine’, ‘air navigation facil-
ity’, ‘appliance’, ‘civil aircraft’, ‘foreign air commerce’, 
‘interstate air commerce’, ‘landing area’, ‘overseas air 
commerce’, ‘propeller’, ‘spare part’, and ‘special aircraft 
jurisdiction of the United States’ have the meanings given 
those terms in sections 40102(a) and 46501 of title 49. 
‘‘SUBCHAPTER B—RAILROADS 
‘‘Sec. 
‘‘1331. Terrorist attacks and other violence against railroad carriers and against 
mass transportation systems on land, on water, or through the 
air. 
‘‘§ 1331. Terrorist attacks and other violence against 
railroad carriers and against mass trans-
portation systems on land, on water, or 
through the air 
‘‘(a) GENERAL PROHIBITIONS.—Whoever, as made 
applicable by subsection (c), knowingly and without lawful 
authority— 
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‘‘(1) wrecks, derails, sets fire to, or disables 
railroad on-track equipment or a mass transpor-
tation vehicle; 
‘‘(2) places any biological agent or toxin, de-
structive substance, or destructive device in, upon, 
or near railroad on-track equipment or a mass 
transportation vehicle with intent to endanger the 
safety of any person, or with a reckless disregard for 
the safety of human life; 
‘‘(3) places or releases a hazardous material or 
a biological agent or toxin on or near any property 
described in subparagraph (A) or (B) of paragraph 
(4), with intent to endanger the safety of any per-
son, or with reckless disregard for the safety of 
human life; 
‘‘(4) sets fire to, undermines, makes unwork-
able, unusable, or hazardous to work on or use, or 
places any biological agent or toxin, destructive sub-
stance, or destructive device in, upon, or near any— 
‘‘(A) tunnel, bridge, viaduct, trestle, track, 
electromagnetic guideway, signal, station, depot, 
warehouse, terminal, or any other way, struc-
ture, property, or appurtenance used in the op-
eration of, or in support of the operation of, a 
railroad carrier, and with intent to, or knowing 
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or having reason to know such activity would 
likely, derail, disable, or wreck railroad on-track 
equipment; or 
‘‘(B) garage, terminal, structure, track, 
electromagnetic guideway, supply, or facility 
used in the operation of, or in support of the 
operation of, a mass transportation vehicle, and 
with intent to, or knowing or having reason to 
know, such activity would likely, derail, disable, 
or wreck a mass transportation vehicle used, 
operated, or employed by a mass transportation 
provider; 
‘‘(5) removes an appurtenance from, damages, 
or otherwise impairs the operation of a railroad sig-
nal system or mass transportation signal or dis-
patching system, including a train control system, 
centralized dispatching system, or highway-railroad 
grade crossing warning signal; 
‘‘(6) with intent to endanger the safety of any 
person, or with a reckless disregard for the safety of 
human life, interferes with, disables, or incapacitates 
any dispatcher, driver, captain, locomotive engineer, 
railroad conductor, or other person while the person 
is employed in dispatching, operating, controlling, or 
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maintaining railroad on-track equipment or a mass 
transportation vehicle; 
‘‘(7) commits an act, including the use of a 
dangerous weapon, with the intent to cause death or 
serious bodily injury to any person who is on prop-
erty described in subparagraph (A) or (B) of para-
graph (4); 
‘‘(8) surveils, photographs, videotapes, dia-
grams, or otherwise collects information with the in-
tent to plan or assist in planning any of the acts de-
scribed in paragraphs (1) through (6); 
‘‘(9) conveys false information, knowing the in-
formation to be false, concerning an attempt or al-
leged attempt to engage in a violation of this sub-
section; or 
‘‘(10) threatens to engage in any violation of 
any of paragraphs (1) through (9); 
shall be imprisoned not more than 20 years, and if the 
offense results in the death of any person, shall be impris-
oned for any term of years or for life, or be subject to 
the penalty of death, except in the case of a violation of 
paragraph (8), (9), or (10). 
‘‘(b) AGGRAVATED OFFENSE.—Whoever commits an 
offense under subsection (a) of this section in a cir-
cumstance in which— 
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‘‘(1) the railroad on-track equipment or mass 
transportation vehicle was carrying a passenger or 
employee at the time of the offense; 
‘‘(2) the railroad on-track equipment or mass 
transportation vehicle was carrying high-level radio-
active waste or spent nuclear fuel at the time of the 
offense; or 
‘‘(3) the offense was committed with the intent 
to endanger the safety of any person, or with a reck-
less disregard for the safety of any person, and the 
railroad on-track equipment or mass transportation 
vehicle was carrying a hazardous material at the 
time of the offense that— 
‘‘(A) was required to be placarded under 
subpart F of part 172 of title 49, Code of Fed-
eral Regulations; and 
‘‘(B) is identified as class number 3, 4, 5, 
6.1, or 8 and packing group I or packing group 
II, or class number 1, 2, or 7 under the haz-
ardous materials table of section 172.101 of 
title 49, Code of Federal Regulations, 
shall be imprisoned for any term of years or life, and if 
the offense resulted in the death of any person, the person 
may be sentenced to death. 
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‘‘(c) APPLICABILITY.—Subsection (a) applies if any 
of the following are true: 
‘‘(1) Any of the conduct required for the offense 
is, or, in the case of an attempt, threat, or con-
spiracy to engage in conduct, the conduct required 
for the completed offense would be, engaged in, on, 
against, or affecting a mass transportation provider, 
or a railroad carrier engaged in interstate or foreign 
commerce. 
‘‘(2) Any person travels or communicates across 
a State line in order to commit the offense, or trans-
ports materials across a State line in aid of the com-
mission of the offense. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘biological agent’ has the meaning 
given to that term in section 627(1); 
‘‘(2) the term ‘dangerous weapon’ means a 
weapon, device, instrument, material, or substance, 
animate or inanimate, that is used for, or is readily 
capable of, causing death or serious bodily injury, in-
cluding a pocket knife with a blade of less than 21⁄2 
inches in length and a box cutter; 
‘‘(3) the term ‘destructive device’ has the mean-
ing given to that term in section 581(2); 
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‘‘(4) the term ‘destructive substance’ means an 
explosive substance, flammable material, infernal 
machine, or other chemical, mechanical, or radio-
active device or material, or matter of a combustible, 
contaminative, corrosive, or explosive nature, except 
that the term ‘radioactive device’ does not include 
any radioactive device or material used solely for 
medical, industrial, research, or other peaceful pur-
poses; 
‘‘(5) the term ‘hazardous material’ has the 
meaning given to that term in chapter 51 of title 49; 
‘‘(6) the term ‘high-level radioactive waste’ has 
the meaning given to that term in section 2(12) of 
the Nuclear Waste Policy Act of 1982; 
‘‘(7) the term ‘mass transportation’ has the 
meaning given to that term in section 5302(a)(7) of 
title 49, except that the term includes intercity bus 
transportation, school bus, charter, and sightseeing 
transportation and passenger vessel as that term is 
defined in section 2101(22) of title 46; 
‘‘(8) the term ‘on-track equipment’ means a 
carriage or other contrivance that runs on rails or 
electromagnetic guideways; 
‘‘(9) the term ‘railroad on-track equipment’ 
means a train, locomotive, tender, motor unit, 
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freight or passenger car, or other on-track equip-
ment used, operated, or employed by a railroad car-
rier; 
‘‘(10) the term ‘railroad’ has the meaning given 
to that term in chapter 201 of title 49; 
‘‘(11) the term ‘railroad carrier’ has the mean-
ing given to that term in chapter 201 of title 49; 
‘‘(12) the term ‘spent nuclear fuel’ has the 
meaning given to that term in section 2(23) of the 
Nuclear Waste Policy Act of 1982; 
‘‘(13) the term ‘toxin’ has the meaning given to 
that term in section 627(2); and 
‘‘(14) the term ‘vehicle’ means any carriage or 
other contrivance used, or capable of being used, as 
a means of transportation on land, on water, or 
through the air. 
‘‘SUBCHAPTER C—SEAMEN AND STOWAWAYS 
‘‘Sec. 
‘‘1341. Drunkenness or neglect of duty by seamen. 
‘‘1342. Misuse of Federal certificate, license, or document. 
‘‘1343. Stowaways on vessels or aircraft. 
‘‘§ 1341. Drunkenness or neglect of duty by seamen 
‘‘Whoever, being a master, officer, radio operator, 
seaman, apprentice or other person employed on any mer-
chant vessel, by willful breach of duty, or by reason of 
drunkenness, does any act tending to the immediate loss 
or destruction of, or serious damage to, such vessel, or 
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tending immediately to endanger the life or limb of any 
person belonging to or on board of such vessel; or, by 
knowing breach of duty or by neglect of duty or by reason 
of drunkenness, refuses or omits to do any lawful act prop-
er and requisite to be done by him for preserving such 
vessel from immediate loss, destruction, or serious dam-
age, or for preserving any person belonging to or on board 
of such ship from immediate danger to life or limb, shall 
be imprisoned not more than one year. 
‘‘§ 1342. Misuse of Federal certificate, license, or doc-
ument 
‘‘Whoever— 
‘‘(1) not being lawfully entitled thereto, uses, 
exhibits, or attempts to use or exhibit, or, with in-
tent unlawfully to use the same, receives or pos-
sesses any certificate, license, or document issued to 
vessels, or officers or seamen by any officer or em-
ployee of the United States authorized by law to 
issue the same; 
‘‘(2) without authority, alters or attempts to 
alter any such certificate, license, or document by 
addition, interpolation, deletion, or erasure; 
‘‘(3) forges, counterfeits, or steals, or attempts 
to forge, counterfeit, or steal, any such certificate, li-
cense, or document; or unlawfully possesses or know-
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ingly uses any such altered, changed, forged, coun-
terfeit, or stolen certificate, license, or document; 
‘‘(4) without authority, prints or manufactures 
any blank form of such certificate, license, or docu-
ment; 
‘‘(5) possesses without lawful excuse, and with 
intent unlawfully to use the same, any blank form 
of such certificate, license, or document; or 
‘‘(6) in any manner, transfers or negotiates 
such transfer of, any blank form of such certificate, 
license, or document, or any such altered, forged, 
counterfeit, or stolen certificate, license, or docu-
ment, or any such certificate, license, or document 
to which the party transferring or receiving the same 
is not lawfully entitled; 
shall be imprisoned not more than five years. 
‘‘§ 1343. Stowaways on vessels or aircraft 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) without the consent of the owner, 
charterer, master, or person in command of any ves-
sel, or aircraft, with intent to obtain transportation, 
boards, enters or secretes himself aboard such vessel 
or aircraft and is thereon at the time of departure 
of said vessel or aircraft from a port, harbor, wharf, 
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airport or other place within the jurisdiction of the 
United States; 
‘‘(2) with like intent, having boarded, entered 
or secreted himself aboard a vessel or aircraft at any 
place within or without the jurisdiction of the United 
States, remains aboard after the vessel or aircraft 
has left such place and is thereon at any place with-
in the jurisdiction of the United States; or 
‘‘(3) with intent to obtain a ride or transpor-
tation, boards or enters any aircraft owned or oper-
ated by the United States without the consent of the 
person in command or other duly authorized officer 
or agent; 
shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.—The punishment for an offense 
under subsection (a) is imprisonment for not more than 
5 years, but— 
‘‘(1) if the person commits an offense under 
this section, with the intent to commit serious bodily 
injury, and serious bodily injury occurs to any per-
son other than a participant as a result of the of-
fense shall be imprisoned not more than 20 years; 
and 
‘‘(2) if an individual commits an offense under 
this section, with the intent to cause death, and if 
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the death of any person other than a participant oc-
curs as a result of the offense shall be imprisoned 
for any number of years or for life. 
‘‘(c) DEFINITION.—As used in this section the term 
‘aircraft’ includes any contrivance for navigation or flight 
in the air. 
‘‘SUBCHAPTER D—SHIPPING 
‘‘Sec. 
‘‘1345. Violence against maritime navigation. 
‘‘1346. Devices or dangerous substances in waters of the United States likely 
to destroy or damage Ships or to interfere with maritime com-
merce. 
‘‘1347. Violence against aids to maritime navigation. 
‘‘1348. Transportation of explosive, biological, chemical, or radioactive or nu-
clear materials. 
‘‘1349. Transportation of terrorists. 
‘‘1350. Operation of submersible vessel or semi-submersible vessel without na-
tionality. 
‘‘§ 1345. Violence against maritime navigation 
‘‘(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 endan-
ger the safe navigation of that ship; 
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‘‘(D) places or causes to be placed on a 
ship, by any means whatsoever, a device or sub-
stance 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 navi-
gation of that ship; 
‘‘(E) destroys or seriously damages mari-
time navigational facilities or seriously inter-
feres 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 cir-
cumstances in which such information may rea-
sonably be believed, thereby endangering the 
safe navigation of a ship; or 
‘‘(G) injures or kills any person in connec-
tion with the commission or the attempted com-
mission of any of the offenses set forth in sub-
paragraphs (A) through (F), 
shall be imprisoned not more than 20 years; and if 
the death of any person results from conduct prohib-
ited 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 
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(1)(B), (C) or (E), with apparent determination and 
will to carry the threat into execution, if the threat-
ened act is likely to endanger the safe navigation of 
the ship in question, shall be imprisoned not more 
than 5 years. 
‘‘(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 ha-
bitual residence is in the United States; 
‘‘(B) during the commission of such activ-
ity, 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 sched-
uled to navigate solely within the territorial sea or 
internal waters of a country other than the United 
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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 
13(c) of the Act of March 23, 1932 (47 Stat. 70) (com-
monly known as the Norris-LaGuardia Act). 
‘‘(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 Suppres-
sion 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 Gen-
eral of the United States of the alleged offense and await 
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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, when-
ever practicable, and if possible before entering the terri-
torial 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 per-
son, the master shall furnish to the authorities of such 
country the evidence in the master’s possession that per-
tains to the alleged offense. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘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; 
‘‘(2) the term ‘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; and 
‘‘(3) the term ‘ship’ means a vessel of any type 
whatsoever not permanently attached to the sea-bed, 
including dynamically supported craft, submersibles 
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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 with-
drawn from navigation or laid up. 
‘‘§ 1346. Devices or dangerous substances in waters of 
the United States likely to destroy or 
damage Ships or to interfere with mari-
time commerce 
‘‘(a) OFFENSE.—Whoever knowingly places in navi-
gable waters of the United States a device or dangerous 
substance which is likely— 
‘‘(1) to destroy or cause damage to a vessel or 
its cargo; 
‘‘(2) to cause interference with the safe naviga-
tion of vessels, or interference with maritime com-
merce (such as by damaging or destroying marine 
terminals, facilities, or any other marine structure or 
entity used in maritime commerce); 
with the intent of causing such destruction or damage, in-
terference with the safe navigation of vessels, or inter-
ference with maritime commerce shall be imprisoned for 
any term of years or for life. 
‘‘(b) SPECIAL RULE FOR OFFENSE RESULTING IN 
DEATH.—Whoever causes the death of any person by en-
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gaging in conduct prohibited under subsection (a) may be 
punished by death. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to apply to otherwise lawfully au-
thorized and conducted activities of the United States 
Government. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘dangerous substance’ means any 
solid, liquid, or gaseous material that has the capac-
ity to cause damage to a vessel or its cargo, or cause 
interference with the safe navigation of a vessel; and 
‘‘(2) the term ‘device’ means any object that, 
because of its physical, mechanical, structural, or 
chemical properties, has the capacity to cause dam-
age to a vessel or its cargo, or cause interference 
with the safe navigation of a vessel. 
‘‘§ 1347. Violence against aids to maritime navigation 
‘‘Whoever intentionally destroys, seriously damages, 
alters, moves, or tampers with any aid to maritime naviga-
tion maintained by the Saint Lawrence Seaway Develop-
ment Corporation under the authority of section 4 of the 
Act of May 13, 1954 (68 Stat. 92), by the Coast Guard 
pursuant to section 81 of title 14, or lawfully maintained 
under authority granted by the Coast Guard pursuant to 
section 83 of title 14, if such act endangers or is likely 
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to endanger the safe navigation of a ship, shall imprisoned 
for not more than 20 years. 
‘‘§ 1348. Transportation of explosive, biological, chem-
ical, or radioactive or nuclear materials 
‘‘(a) IN GENERAL.—Whoever knowingly transports 
aboard any vessel within the United States and on waters 
subject to the jurisdiction of the United States or any ves-
sel outside the United States and on the high seas or hav-
ing United States nationality an explosive or incendiary 
device, biological agent, chemical weapon, or radioactive 
or nuclear material, knowing that any such item is in-
tended to be used to commit an offense listed in section 
273(g)(3)(B), shall be imprisoned for any term of years 
or for life. 
‘‘(b) CAUSING DEATH.—Whoever causes the death of 
a person by engaging in conduct prohibited by subsection 
(a) may be punished by death. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) BIOLOGICAL AGENT.—The term ‘biological 
agent’ means any biological agent, toxin, or vector 
(as those terms are defined in section 627). 
‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by- 
product material’ has the meaning given that term 
in section 11(e) of the Atomic Energy Act of 1954. 
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‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 
weapon’ has the meaning given that term in section 
636(1). 
‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 
term ‘explosive or incendiary device’ has the mean-
ing given the term in section 296(c)(4) and includes 
explosive materials, as that term is defined in sec-
tion 611(1) and explosive as defined in section 
614(j). 
‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear 
material’ has the meaning given that term in section 
601(f)(1). 
‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra-
dioactive material’ means— 
‘‘(A) source material and special nuclear 
material, but does not include natural or de-
pleted uranium; 
‘‘(B) nuclear by-product material; 
‘‘(C) material made radioactive by bom-
bardment in an accelerator; or 
‘‘(D) all refined isotopes of radium. 
‘‘(7) SOURCE
MATERIAL.—The term ‘source 
material’ has the meaning given that term in section 
11(z) of the Atomic Energy Act of 1954. 
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‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term 
‘special nuclear material’ has the meaning given that 
term in section 11(aa) of the Atomic Energy Act of 
1954. 
‘‘§ 1349. Transportation of terrorists 
‘‘(a) IN GENERAL.—Whoever knowingly and inten-
tionally transports any terrorist aboard any vessel within 
the United States and on waters subject to the jurisdiction 
of the United States or any vessel outside the United 
States and on the high seas or having United States na-
tionality, knowing that the transported person is a ter-
rorist, shall be imprisoned for any term of years or for 
life. 
‘‘(b) DEFINED TERM.—In this section, the term ‘ter-
rorist’ means any person who intends to commit, or is 
avoiding apprehension after having committed, an offense 
listed under section 273(g)(3)(B). 
‘‘§ 1350. Operation of submersible vessel or semi-sub-
mersible vessel without nationality 
‘‘(a) OFFENSE.—Whoever knowingly operates, by 
any means, or embarks in any submersible vessel or semi- 
submersible vessel that is without nationality and that is 
navigating or has navigated 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 
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with an adjacent country, with the intent to evade detec-
tion, shall be imprisoned not more than 15 years. 
‘‘(b) EVIDENCE
OF INTENT
TO EVADE DETEC-
TION.—For purposes of subsection (a), the presence of 
any of the indicia described in paragraph (1)(A), (E), (F), 
or (G), or in paragraph (4), (5), or (6), of section 
70507(b) of title 46 may be considered, in the totality of 
the circumstances, to be prima facie evidence of intent to 
evade detection. 
‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial Federal jurisdiction over an offense under 
this section. 
‘‘(d) CLAIM
OF NATIONALITY
OR REGISTRY.—A 
claim of nationality or registry under this section includes 
only— 
‘‘(1) possession on board the vessel and produc-
tion of documents evidencing the vessel’s nationality 
as provided in article 5 of the 1958 Convention on 
the High Seas; 
‘‘(2) flying its nation’s ensign or flag; or 
‘‘(3) a verbal claim of nationality or registry by 
the master or individual in charge of the vessel. 
‘‘(e) AFFIRMATIVE DEFENSES.— 
‘‘(1) IN GENERAL.—It is an affirmative defense 
to a prosecution for a violation of subsection (a), 
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which the defendant has the burden to prove by a 
preponderance of the evidence, that the submersible 
vessel or semi-submersible vessel involved was, at the 
time of the offense— 
‘‘(A) a vessel of the United States or law-
fully registered in a foreign nation as claimed 
by the master or individual in charge of the ves-
sel when requested to make a claim by an offi-
cer of the United States authorized to enforce 
applicable provisions of United States law; 
‘‘(B) classed by and designed in accord-
ance with the rules of a classification society; 
‘‘(C) lawfully operated in government-regu-
lated or licensed activity, including commerce, 
research, or exploration; or 
‘‘(D) equipped with and using an operable 
automatic identification system, vessel moni-
toring system, or long range identification and 
tracking system. 
‘‘(2) PRODUCTION
OF
DOCUMENTS.—The af-
firmative defenses provided by this subsection are 
proved conclusively by the production of— 
‘‘(A) government documents evidencing the 
vessel’s nationality at the time of the offense, as 
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provided in article 5 of the 1958 Convention on 
the High Seas; 
‘‘(B) a certificate of classification issued by 
the vessel’s classification society upon comple-
tion of relevant classification surveys and valid 
at the time of the offense; or 
‘‘(C) government documents evidencing li-
censure, regulation, or registration for com-
merce, research, or exploration. 
‘‘(f) FEDERAL ACTIVITIES EXCEPTED.—Nothing in 
this section applies to lawfully authorized activities carried 
out by or at the direction of the United States Govern-
ment. 
‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sec-
tions 70504 and 70505 of title 46 apply to offenses under 
this section in the same manner as they apply to offenses 
under section 70503 of such title. 
‘‘(h) DEFINITIONS.—In this section, the terms ‘sub-
mersible vessel’, ‘semi-submersible vessel’, ‘vessel of the 
United States’, and ‘vessel without nationality’ have the 
meaning given those terms in section 70502 of title 46. 
‘‘SUBCHAPTER E—DESTRUCTION OF, OR IN-
TERFERENCE WITH, VESSELS OR MARI-
TIME FACILITIES 
‘‘Sec. 
‘‘1351.Nonapplication of subchapter. 
‘‘1352. Destruction of vessel or maritime facility. 
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‘‘1353. Imparting or conveying false information. 
‘‘1354. Bar to prosecution. 
‘‘1355. Bribery affecting port Security. 
‘‘§ 1351. Nonapplication of subchapter 
‘‘Nothing in this subchapter applies to otherwise law-
ful activities carried out by or at the direction of the 
United States Government. 
‘‘§ 1352. Destruction of vessel or maritime facility 
‘‘(a) OFFENSE.—Whoever, within waters subject to 
the jurisdiction of the United States or outside the United 
States, knowingly— 
‘‘(1) sets fire to, damages, destroys, disables, or 
wrecks any vessel; 
‘‘(2) places or causes to be placed a destructive 
device, as defined in section 581(2), destructive sub-
stance, as defined in section 1311, or an explosive, 
as defined in section 611, in, upon, or near, or oth-
erwise makes or causes to be made unworkable or 
unusable or hazardous to work or use, any vessel, or 
any part or other materials used or intended to be 
used in connection with the operation of a vessel; 
‘‘(3) sets fire to, damages, destroys, or disables 
or places a destructive device or substance in, upon, 
or near, any maritime facility, including any aid to 
navigation, lock, canal, or vessel traffic service facil-
ity or equipment; 
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‘‘(4) interferes by force or violence with the op-
eration of any maritime facility, including any aid to 
navigation, lock, canal, or vessel traffic service facil-
ity or equipment, if such action is likely to endanger 
the safety of any vessel in navigation; 
‘‘(5) sets fire to, damages, destroys, or disables 
or places a destructive device or substance in, upon, 
or near, any appliance, structure, property, machine, 
or apparatus, or any facility or other material used, 
or intended to be used, in connection with the oper-
ation, maintenance, loading, unloading, or storage of 
any vessel or any passenger or cargo carried or in-
tended to be carried on any vessel; 
‘‘(6) performs an act of violence against or in-
capacitates any individual on any vessel, if such act 
of violence or incapacitation is likely to endanger the 
safety of the vessel or those on board; 
‘‘(7) performs an act of violence against a per-
son that causes or is likely to cause serious bodily 
injury in, upon, or near, any appliance, structure, 
property, machine, or apparatus, or any facility or 
other material used, or intended to be used, in con-
nection with the operation, maintenance, loading, 
unloading, or storage of any vessel or any passenger 
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or cargo carried or intended to be carried on any 
vessel; or 
‘‘(8) communicates information, knowing the 
information to be false and under circumstances in 
which such information may reasonably be believed, 
thereby endangering the safety of any vessel in navi-
gation; 
shall be imprisoned not more than 20 years. 
‘‘(b) LIMITATION.—Subsection (a) does not apply to 
any person that is engaging in otherwise lawful activity, 
such as normal repair and salvage activities, and the 
transportation of hazardous materials regulated and al-
lowed to be transported under chapter 51 of title 49. 
‘‘(c) PENALTY.—Whoever is convicted under sub-
section (a) as a result of an act involving a vessel that, 
at the time of the violation, carried high-level radioactive 
waste (as that term is defined in section 2(12) of the Nu-
clear Waste Policy Act of 1982 or spent nuclear fuel (as 
that term is defined in section 2(23) of that Act), shall 
be imprisoned for any term of years or for life. 
‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is 
convicted under subsection (a) and intended to cause 
death by the prohibited conduct, if the conduct resulted 
in the death of any person, shall be subject to the death 
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penalty or to imprisonment for any term of years or for 
life. 
‘‘(e) THREATS.—Whoever knowingly and inten-
tionally imparts or conveys any threat to do an act which 
would violate this subchapter, with an apparent deter-
mination and will to carry the threat into execution, shall 
be imprisoned not more than 5 years and is liable for all 
costs incurred as a result of such threat. 
‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under sub-
section (a). 
‘‘§ 1353. Imparting or conveying false information 
‘‘(a) IN GENERAL.—Whoever imparts or conveys or 
causes to be imparted or conveyed false information, 
knowing the information to be false, concerning an at-
tempt or alleged attempt being made or to be made, to 
do any act that would be a crime prohibited by this sub-
chapter or by subchapter D, shall be subject to a civil pen-
alty of not more than $5,000, which shall be recoverable 
in a civil action brought in the name of the United States. 
‘‘(b) MALICIOUS CONDUCT.—Whoever knowingly, in-
tentionally, maliciously, or with reckless disregard for the 
safety of human life, imparts or conveys or causes to be 
imparted or conveyed false information, knowing the infor-
mation to be false, concerning an attempt or alleged at-
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tempt to do any act which would be a crime prohibited 
by this subchapter or by subchapter D, shall be imprisoned 
not more than 5 years. 
‘‘(c) JURISDICTION.—Jurisdiction over an offense 
under this section shall be determined in accordance with 
the provisions applicable to the offense under section 
1352, or under subchapter D, to which the imparted or 
conveyed false information relates, as applicable. 
‘‘§ 1354. Bar to prosecution 
‘‘(a) IN GENERAL.—It is a bar to prosecution under 
section 1352 or 1353 that— 
‘‘(1) the conduct in question occurred within 
the United States 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; or 
‘‘(2) such conduct is prohibited as a mis-
demeanor, and not as a felony, under the law of the 
State in which it was committed. 
‘‘(b) DEFINITION.—In this section, the term ‘labor 
dispute’ has the meaning given that term in section 13(c) 
of the Act of March 23, 1932 (47 Stat. 70) (commonly 
known as the Norris-LaGuardia Act). 
‘‘§ 1355. Bribery affecting port Security 
‘‘(a) IN GENERAL.—Whoever knowingly— 
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‘‘(1) directly or indirectly, corruptly gives, of-
fers, or promises anything of value to any public or 
private person, with intent to commit international 
terrorism or domestic terrorism (as those terms are 
defined under section 283), to— 
‘‘(A) influence any action or any person to 
commit or aid in committing, or collude in, or 
allow, any fraud, or make opportunity for the 
commission of any fraud affecting any secure or 
restricted area or seaport; or 
‘‘(B) induce any official or person to do or 
omit to do any act in violation of the lawful 
duty of such official or person that affects any 
secure or restricted area or seaport; or 
‘‘(2) directly or indirectly, corruptly demands, 
seeks, receives, accepts, or agrees to receive or ac-
cept anything of value personally or for any other 
person or entity in return for— 
‘‘(A) being influenced in the performance 
of any official act affecting any secure or re-
stricted area or seaport; and 
‘‘(B) knowing that such influence will be 
used to commit, or plan to commit, inter-
national or domestic terrorism, 
shall be imprisoned not more than 15 years. 
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‘‘(b) DEFINITION.—In this section, the term ‘secure 
or restricted area’ means an area of a vessel or facility 
designated as secure in an approved security plan, as re-
quired under section 70103 of title 46, and the rules and 
regulations promulgated under that section. 
‘‘CHAPTER 35—REGULATORY CRIMES 
‘‘Subchapter 
‘‘A. Animals, birds, fish, and plants 
‘‘B. Gambling 
‘‘C. Protection of trade secrets 
‘‘D. Trafficking in contraband cigarettes 
‘‘E. Child support 
‘‘F. Obscenity 
‘‘G. Money laundering 
‘‘SUBCHAPTER A—ANIMALS, BIRDS, FISH, AND 
PLANTS 
‘‘Sec. 
‘‘1371. Hunting, fishing, trapping; disturbance or injury on wildlife refuges. 
‘‘1372. Importation or shipment of injurious mammals, birds, fish (including 
mollusks and crustacea), amphibia, and reptiles; permits, speci-
mens for museums; regulations. 
‘‘1373. Force, violence, and threats involving animal enterprises. 
‘‘1374. Use of aircraft or motor vehicles to hunt certain wild horses or burros; 
pollution of watering holes. 
‘‘1375. Animal crush videos. 
‘‘1376. Enforcement of animal fighting prohibitions. 
‘‘§ 1371. Hunting, fishing, trapping; disturbance or in-
jury on wildlife refuges 
‘‘Whoever, except in compliance with rules and regu-
lations promulgated by authority of law, hunts, traps, cap-
tures, knowingly disturbs or kills any bird, fish, or wild 
animal of any kind whatever, or takes or destroys the eggs 
or nest of any such bird or fish, on any lands or waters 
which are set apart or reserved as sanctuaries, refuges or 
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breeding grounds for such birds, fish, or animals under 
any law of the United States or knowingly injures, mo-
lests, or destroys any property of the United States on 
any such lands or waters, shall be imprisoned not more 
than six months. 
‘‘§ 1372. Importation or shipment of injurious mam-
mals, birds, fish (including mollusks and 
crustacea), amphibia, and reptiles; per-
mits, specimens for museums; regulations 
‘‘(a) PROHIBITION.—The importation into the United 
States, any territory of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, or any pos-
session of the United States, or any shipment between the 
continental United States, the District of Columbia, Ha-
waii, the Commonwealth of Puerto Rico, or any possession 
of the United States, of the mongoose of the species 
Herpestes auropunctatus; of the species of so-called ‘flying 
foxes’ or fruit bats of the genus Pteropus; of the zebra 
mussel of the species Dreissena polymorpha; of the big-
head carp of the species Hypophthalmichthys nobilis; and 
such other species of wild mammals, wild birds, fish (in-
cluding mollusks and crustacea), amphibians, reptiles, 
brown tree snakes, or the offspring or eggs of any of the 
foregoing which the Secretary of the Interior may pre-
scribe by regulation to be injurious to human beings, to 
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the interests of agriculture, horticulture, forestry, or to 
wildlife or the wildlife resources of the United States, is 
hereby prohibited. All such prohibited mammals, birds, 
fish (including mollusks and crustacea), amphibians, and 
reptiles, and the eggs or offspring therefrom, shall be 
promptly exported or destroyed at the expense of the im-
porter or consignee. Nothing in this section shall be con-
strued to repeal or modify any provision of the Public 
Health Service Act or Federal Food, Drug, and Cosmetic 
Act. Also, this section does not authorize any action with 
respect to the importation of any plant pest as defined 
in the Plant Protection Act, insofar as such importation 
is subject to regulation under that Act. 
‘‘(b) DEFINITIONS.—As used in subsection (a), the 
term ‘wild’ relates to any creatures that, whether or not 
raised in captivity, normally are found in a wild state; and 
the terms ‘wildlife’ and ‘wildlife resources’ include those 
resources that comprise wild mammals, wild birds, fish 
(including mollusks and crustacea), and all other classes 
of wild creatures whatsoever, and all types of aquatic and 
land vegetation upon which such wildlife resources are de-
pendent. 
‘‘(c) EXCEPTIONS.—The Secretary of the Interior, if 
the Secretary finds that there has been a proper showing 
of responsibility and continued protection of the public in-
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terest and health, shall permit the importation for zoolog-
ical, educational, medical, and scientific purposes of any 
mammal, bird, fish, (including mollusks and crustacea), 
amphibian, or reptile, or the offspring or eggs thereof, 
where such importation would otherwise be prohibited 
under this subchapter. This subchapter does not restrict 
importations by Federal agencies for their own use. 
‘‘(d) EXCLUSION.—Nothing in this section restricts 
the importation of dead natural-history specimens for mu-
seums or for scientific collections, or the importation of 
domesticated canaries, parrots (including all other species 
of psittacine birds), or such other cage birds as the Sec-
retary of the Interior may designate. 
‘‘(e) ENFORCEMENT.—The Secretary of the Treasury 
and the Secretary of the Interior shall enforce this sub-
section, including any regulations issued hereunder, and, 
if requested by the Secretary of the Interior, the Secretary 
of the Treasury may require the furnishing of an appro-
priate bond when desirable to insure compliance with such 
provisions. 
‘‘(f) OFFENSE.—Whoever violates this section, or any 
regulation issued pursuant thereto, shall be imprisoned 
not more than six months. 
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‘‘§ 1373. Force, violence, and threats involving animal 
enterprises 
‘‘(a) OFFENSE.—Whoever travels in interstate or for-
eign commerce, or uses or causes to be used the mail or 
any facility of interstate or foreign commerce— 
‘‘(1) for the purpose of damaging or interfering 
with the operations of an animal enterprise; and 
‘‘(2) in connection with such purpose— 
‘‘(A) intentionally damages or causes the 
loss of any real or personal property (including 
animals or records) used by an animal enter-
prise, or any real or personal property of a per-
son or entity having a connection to, relation-
ship with, or transactions with an animal enter-
prise; or 
‘‘(B) intentionally places a person in rea-
sonable fear of the death of, or serious bodily 
injury to that person, a member of the imme-
diate family (as defined in section 115) of that 
person, or a spouse or intimate partner of that 
person by a course of conduct involving threats, 
acts of vandalism, property damage, criminal 
trespass, harassment, or intimidation; 
shall be punished as provided for in subsection (b). 
‘‘(b) PENALTIES.—The punishment for a violation of 
subsection (a) is— 
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‘‘(1) a fine under this title or imprisonment for 
not more than 1 year, or both, if the offense does 
not instill in another the reasonable fear of serious 
bodily injury or death and— 
‘‘(A) the offense results in no economic 
damage or bodily injury; or 
‘‘(B) the offense results in economic dam-
age that does not exceed $10,000; 
‘‘(2) a fine under this title or imprisonment for 
not more than 5 years, or both, if no bodily injury 
occurs and— 
‘‘(A) the offense results in economic dam-
age exceeding $10,000 but not exceeding 
$100,000; or 
‘‘(B) the offense instills in another the rea-
sonable fear of serious bodily injury or death; 
‘‘(3) a fine under this title or imprisonment for 
not more than 10 years, or both, if— 
‘‘(A) the offense results in economic dam-
age exceeding $100,000; or 
‘‘(B) the offense results in substantial bod-
ily injury to another individual; 
‘‘(4) a fine under this title or imprisonment for 
not more than 20 years, or both, if— 
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‘‘(A) the offense results in serious bodily 
injury to another individual; or 
‘‘(B) the offense results in economic dam-
age exceeding $1,000,000; and 
‘‘(5) imprisonment for life or for any terms of 
years, a fine under this title, or both, if the offense 
results in death of another individual. 
‘‘(c) RESTITUTION.—An order of restitution under 
this title with respect to a violation of this section may 
also include restitution— 
‘‘(1) for the reasonable cost of repeating any 
experimentation that was interrupted or invalidated 
as a result of the offense; 
‘‘(2) for the loss of food production or farm in-
come reasonably attributable to the offense; and 
‘‘(3) for any other economic damage, including 
any losses or costs caused by economic disruption, 
resulting from the offense. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘animal enterprise’ means— 
‘‘(A) a commercial or academic enterprise 
that uses or sells animals or animal products 
for profit, food or fiber production, agriculture, 
education, research, or testing; 
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‘‘(B) a zoo, aquarium, animal shelter, pet 
store, breeder, furrier, circus, or rodeo, or other 
lawful competitive animal event; or 
‘‘(C) any fair or similar event intended to 
advance agricultural arts and sciences; 
‘‘(2) the term ‘course of conduct’ means a pat-
tern of conduct composed of 2 or more acts, evidenc-
ing a continuity of purpose; 
‘‘(3) the term ‘economic damage’— 
‘‘(A) means the replacement costs of lost 
or damaged property or records, the costs of re-
peating an interrupted or invalidated experi-
ment, the loss of profits, or increased costs, in-
cluding losses and increased costs resulting 
from threats, acts or vandalism, property dam-
age, trespass, harassment, or intimidation taken 
against a person or entity on account of that 
person’s or entity’s connection to, relationship 
with, or transactions with the animal enter-
prise; but 
‘‘(B) does not include any lawful economic 
disruption (including a lawful boycott) that re-
sults from lawful public, governmental, or busi-
ness reaction to the disclosure of information 
about an animal enterprise; 
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‘‘(4) the term ‘substantial bodily injury’ 
means— 
‘‘(A) deep cuts and serious burns or abra-
sions; 
‘‘(B) short-term or nonobvious disfigure-
ment; 
‘‘(C) fractured or dislocated bones, or torn 
members of the body; 
‘‘(D) significant physical pain; 
‘‘(E) illness; 
‘‘(F) short-term loss or impairment of the 
function of a bodily member, organ, or mental 
faculty; or 
‘‘(G) any other significant injury to the 
body. 
‘‘(e) RULES OF CONSTRUCTION.—Nothing in this 
section shall be construed— 
‘‘(1) to prohibit any expressive conduct (includ-
ing peaceful picketing or other peaceful demonstra-
tion) protected from legal prohibition by the First 
Amendment to the Constitution; or 
‘‘(2) to create new remedies for interference 
with activities protected by the free speech or free 
exercise clauses of the First Amendment to the Con-
stitution, regardless of the point of view expressed, 
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or to limit any existing legal remedies for such inter-
ference. 
‘‘§ 1374. Use of aircraft or motor vehicles to hunt cer-
tain wild horses or burros; pollution of 
watering holes 
‘‘(a) AIRCRAFT FOR HUNTING.—Whoever uses an 
aircraft or a motor vehicle to hunt, for the purpose of cap-
turing or killing, any wild unbranded horse, mare, colt, 
or burro running at large on any of the public land or 
ranges shall be imprisoned not more than six months. 
‘‘(b) POLLUTION OF WATERING HOLES.—Whoever 
pollutes or causes the pollution of any watering hole on 
any of the public land or ranges for the purpose of trap-
ping, killing, wounding, or maiming any of the animals 
referred to in subsection (a) of this section shall be impris-
oned not more than six months. 
‘‘(c) DEFINITIONS.—As used in subsection (a) of this 
section— 
‘‘(1) the term ‘aircraft’ means any contrivance 
used for flight in the air; and 
‘‘(2) the term ‘motor vehicle’ includes an auto-
mobile, automobile truck, automobile wagon, motor-
cycle, or any other self-propelled vehicle designed for 
running on land. 
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‘‘§ 1375. Animal crush videos 
‘‘(a) DEFINITION.—In this section the term ‘animal 
crush video’ means any photograph, motion-picture film, 
video or digital recording, or electronic image that— 
‘‘(1) depicts actual conduct in which 1 or more 
living non-human mammals, birds, reptiles, or am-
phibians is intentionally crushed, burned, drowned, 
suffocated, impaled, or otherwise subjected to seri-
ous bodily injury; and 
‘‘(2) is obscene. 
‘‘(b) PROHIBITIONS.— 
‘‘(1) CREATION OF ANIMAL CRUSH VIDEOS.—It 
shall be unlawful for any person to knowingly create 
an animal crush video, if— 
‘‘(A) the person intends or has reason to 
know that the animal crush video will be dis-
tributed in, or using a means or facility of, 
interstate or foreign commerce; or 
‘‘(B) the animal crush video is distributed 
in, or using a means or facility of, interstate or 
foreign commerce. 
‘‘(2) DISTRIBUTION
OF
ANIMAL
CRUSH
VID-
EOS.—It shall be unlawful for any person to know-
ingly sell, market, advertise, exchange, or distribute 
an animal crush video in, or using a means or facil-
ity of, interstate or foreign commerce. 
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‘‘(c) EXTRATERRITORIAL APPLICATION.—Subsection 
(b) applies to the knowing sale, marketing, advertising, ex-
change, distribution, or creation of an animal crush video 
outside of the United States, if— 
‘‘(1) the person engaging in such conduct in-
tends or has reason to know that the animal crush 
video will be transported into the United States or 
its territories or possessions; or 
‘‘(2) the animal crush video is transported into 
the United States or its territories or possessions. 
‘‘(d) PENALTY.—Any person who violates subsection 
(b) shall be fined under this title, imprisoned for not more 
than 7 years, or both. 
‘‘(e) EXCEPTIONS.— 
‘‘(1) IN GENERAL.—This section does not apply 
with regard to any visual depiction of— 
‘‘(A) customary and normal veterinary or 
agricultural husbandry practices; 
‘‘(B) the slaughter of animals for food; or 
‘‘(C) hunting, trapping, or fishing. 
‘‘(2) GOOD-FAITH DISTRIBUTION.—This section 
does not apply to the good-faith distribution of an 
animal crush video to— 
‘‘(A) a law enforcement agency; or 
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‘‘(B) a third party for the sole purpose of 
analysis to determine if referral to a law en-
forcement agency is appropriate. 
‘‘§ 1376. Enforcement of animal fighting prohibitions 
‘‘Whoever violates subsection (a), (b), (c), or (e) of 
section 26 of the Animal Welfare Act shall be imprisoned 
for not more than 5 years. 
‘‘SUBCHAPTER B—GAMBLING 
‘‘Sec. 
‘‘1381. Transmission of wagering information; penalties. 
‘‘1382. Definitions. 
‘‘§ 1381. Transmission of wagering information; pen-
alties 
‘‘(a) OFFENSE.—Whoever, being engaged in the busi-
ness of betting or wagering, knowingly uses a wire commu-
nication facility for the transmission in interstate or for-
eign commerce of bets or wagers or information assisting 
in the placing of bets or wagers on any sporting event or 
contest, or for the transmission of a wire communication 
which entitles the recipient to receive money or credit as 
a result of bets or wagers, or for information assisting in 
the placing of bets or wagers, shall be imprisoned not more 
than two years. 
‘‘(b) EXCLUSION.—Nothing in this section shall be 
construed to prevent the transmission in interstate or for-
eign commerce of information for use in news reporting 
of sporting events or contests, or for the transmission of 
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information assisting in the placing of bets or wagers on 
a sporting event or contest from a State or foreign country 
where betting on that sporting event or contest is legal 
into a State or foreign country in which such betting is 
legal. 
‘‘(c) NOTIFICATION TO COMMON CARRIER.—When 
any common carrier, subject to the jurisdiction of the Fed-
eral Communications Commission, is notified in writing by 
a Federal, State, or local law enforcement agency, acting 
within its jurisdiction, that any facility furnished by it is 
being used or will be used for the purpose of transmitting 
or receiving gambling information in interstate or foreign 
commerce in violation of Federal, State or local law, it 
shall discontinue or refuse, the leasing, furnishing, or 
maintaining of such facility, after reasonable notice to the 
subscriber, but no damages, penalty or forfeiture, civil or 
criminal, shall be found against any common carrier for 
any act done in compliance with any notice received from 
a law enforcement agency. Nothing in this section preju-
dices the right of any person affected thereby to secure 
an appropriate determination, as otherwise provided by 
law, in a Federal court or in a State or local tribunal or 
agency, that such facility should not be discontinued or 
removed, or should be restored. 
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‘‘§ 1382. Definition 
‘‘As used in this subchapter, the term ‘wire commu-
nication facility’ means any and all instrumentalities, per-
sonnel, and services (among other things, the receipt, for-
warding, or delivery of communications) used or useful in 
the transmission of writings, signs, pictures, and sounds 
of all kinds by aid of wire, cable, or other like connection 
between the points of origin and reception of such trans-
mission. 
‘‘SUBCHAPTER C—PROTECTION OF TRADE 
SECRETS 
‘‘Sec. 
‘‘1391. Economic espionage. 
‘‘1392. Theft of trade secrets. 
‘‘1393. Exceptions to prohibitions. 
‘‘1394. Orders to preserve confidentiality. 
‘‘1395. Civil proceedings to enjoin violations. 
‘‘1396. Applicability to conduct outside the United States. 
‘‘1397. Definitions. 
‘‘§ 1391. Economic espionage 
‘‘(a) IN GENERAL.—Whoever, intending or knowing 
that the offense will benefit any foreign government, for-
eign instrumentality, or foreign agent, knowingly— 
‘‘(1) steals, or without authorization appro-
priates, takes, carries away, or conceals, or by fraud, 
artifice, or deception obtains a trade secret; 
‘‘(2) without authorization copies, duplicates, 
sketches, draws, photographs, downloads, uploads, 
alters, destroys, photocopies, replicates, transmits, 
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delivers, sends, mails, communicates, or conveys a 
trade secret; or 
‘‘(3) receives, buys, or possesses a trade secret, 
knowing the same to have been stolen or appro-
priated, obtained, or converted without authoriza-
tion; 
shall, except as provided in subsection (b), be imprisoned 
not more than 15 years. 
‘‘(b) ORGANIZATIONS.—Any organization that com-
mits any offense described in subsection (a) shall be fined 
not more than $10,000,000. 
‘‘§ 1392. Theft of trade secrets 
‘‘(a) OFFENSE.—Whoever, with intent to convert a 
trade secret, that is related to or included in a product 
that is produced for or placed in interstate or foreign com-
merce, to the economic benefit of anyone other than the 
owner thereof, and intending or knowing that the offense 
will, injure any owner of that trade secret, knowingly— 
‘‘(1) steals, or without authorization appro-
priates, takes, carries away, or conceals, or by fraud, 
artifice, or deception obtains such information; 
‘‘(2) without authorization copies, duplicates, 
sketches, draws, photographs, downloads, uploads, 
alters, destroys, photocopies, replicates, transmits, 
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delivers, sends, mails, communicates, or conveys 
such information; or 
‘‘(3) receives, buys, or possesses such informa-
tion, knowing the same to have been stolen or appro-
priated, obtained, or converted without authoriza-
tion; 
shall, except as provided in subsection (b), be imprisoned 
not more than 10 years. 
‘‘(b) ORGANIZATIONS.—Any organization that com-
mits any offense described in subsection (a) shall be fined 
not more than $5,000,000. 
‘‘§ 1393. Exceptions to prohibitions 
‘‘This subchapter does not prohibit— 
‘‘(1) any otherwise lawful activity conducted by 
a governmental entity of the United States, a State, 
or a political subdivision of a State; or 
‘‘(2) the reporting of a suspected violation of 
law to any governmental entity of the United States, 
a State, or a political subdivision of a State, if such 
entity has lawful authority with respect to that viola-
tion. 
‘‘§ 1394. Orders to preserve confidentiality 
‘‘In any prosecution or other proceeding under this 
subchapter and any forfeiture relating to a violation of this 
subchapter, the court shall enter such orders and take 
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such other action as may be necessary and appropriate 
to preserve the confidentiality of trade secrets, consistent 
with the requirements of the Federal Rules of Criminal 
and Civil Procedure, the Federal Rules of Evidence, and 
all other applicable laws. An interlocutory appeal by the 
United States shall lie from a decision or order of a dis-
trict court authorizing or directing the disclosure of any 
trade secret. 
‘‘§ 1395. Civil proceedings to enjoin violations 
‘‘(a) CIVIL ACTION.—The Attorney General may, in 
a civil action, obtain appropriate injunctive relief against 
any violation of this subchapter. 
‘‘(b) EXCLUSIVE JURISDICTION.—The district courts 
of the United States shall have exclusive original jurisdic-
tion of civil actions under this section. 
‘‘§ 1396. Applicability to conduct outside the United 
States 
‘‘This subchapter also applies to conduct occurring 
outside the United States if— 
‘‘(1) the offender is a natural person who is a 
citizen or permanent resident alien of the United 
States, or an organization organized under the laws 
of the United States or a State or political subdivi-
sion thereof; or 
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‘‘(2) an act in furtherance of the offense was 
committed in the United States. 
‘‘§ 1397. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘foreign instrumentality’ means 
any agency, bureau, ministry, component, institu-
tion, association, or any legal, commercial, or busi-
ness organization, corporation, firm, or entity that is 
substantially owned, controlled, sponsored, com-
manded, managed, or dominated by a foreign gov-
ernment; 
‘‘(2) the term ‘foreign agent’ means any officer, 
employee, proxy, servant, delegate, or representative 
of a foreign government; 
‘‘(3) the term ‘trade secret’ means all forms 
and types of financial, business, scientific, technical, 
economic, or engineering information, including pat-
terns, plans, compilations, program devices, for-
mulas, designs, prototypes, methods, techniques, 
processes, procedures, programs, or codes, whether 
tangible or intangible, and whether or how stored, 
compiled, or memorialized physically, electronically, 
graphically, photographically, or in writing if— 
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‘‘(A) the owner thereof has taken reason-
able measures to keep such information secret; 
and 
‘‘(B) the information derives independent 
economic value, actual or potential, from not 
being generally known to, and not being readily 
ascertainable through proper means by, the 
public; and 
‘‘(4) the term ‘owner’, with respect to a trade 
secret, means the person or entity in whom or in 
which rightful legal or equitable title to, or license 
in, the trade secret is reposed. 
‘‘SUBCHAPTER D—TRAFFICKING IN 
CONTRABAND CIGARETTES 
‘‘Sec. 
‘‘1411. Definitions. 
‘‘1412. Unlawful Acts. 
‘‘1413. Recordkeeping, reporting, and inspection. 
‘‘1414. Penalties. 
‘‘1415. Enforcement and regulations. 
‘‘§ 1411. Definitions 
‘‘As used in this chapter— 
‘‘(1) the term ‘cigarette’ means— 
‘‘(A) any roll of tobacco wrapped in paper 
or in any substance not containing tobacco; and 
‘‘(B) any roll of tobacco wrapped in any 
substance containing tobacco which, because of 
its appearance, the type of tobacco used in the 
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filler, or its packaging and labeling, is likely to 
be offered to, or purchased by, consumers as a 
cigarette described in subparagraph (A); 
‘‘(2) the term ‘contraband cigarettes’ means a 
quantity in excess of 10,000 cigarettes, which bear 
no evidence of the payment of applicable State or 
local cigarette taxes in the State or locality where 
such cigarettes are found, if the State or local gov-
ernment requires a stamp, impression, or other indi-
cation to be placed on packages or other containers 
of cigarettes to evidence payment of cigarette taxes, 
and which are in the possession of any person other 
than— 
‘‘(A) a person holding a permit issued pur-
suant to chapter 52 of the Internal Revenue 
Code of 1986 as a manufacturer of tobacco 
products or as an export warehouse proprietor, 
or a person operating a customs bonded ware-
house pursuant to section 311 or 555 of the 
Tariff Act of 1930 or an agent of such person; 
‘‘(B) a common or contract carrier trans-
porting the cigarettes involved under a proper 
bill of lading or freight bill which states the 
quantity, source, and destination of such ciga-
rettes; 
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‘‘(C) a person— 
‘‘(i) who is licensed or otherwise au-
thorized by the State where the cigarettes 
are found to account for and pay cigarette 
taxes imposed by such State; and 
‘‘(ii) who has complied with the ac-
counting and payment requirements relat-
ing to such license or authorization with 
respect to the cigarettes involved; or 
‘‘(D) an officer, employee, or other agent 
of the United States or a State, or any depart-
ment, agency, or instrumentality of the United 
States or a State (including any political sub-
division of a State) having possession of such 
cigarettes in connection with the performance of 
official duties; 
‘‘(3) the term ‘common or contract carrier’ 
means a carrier holding a certificate of convenience 
and necessity, a permit for contract carrier by motor 
vehicle, or other valid operating authority under sub-
title IV of title 49, or under equivalent operating au-
thority from a regulatory agency of the United 
States or of any State; 
‘‘(4) the term ‘Attorney General’ means the At-
torney General of the United States; 
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‘‘(5) the term ‘smokeless tobacco’ means any 
finely cut, ground, powdered, or leaf tobacco that is 
intended to be placed in the oral or nasal cavity or 
otherwise consumed without being combusted; 
‘‘(6) the term ‘contraband smokeless tobacco’ 
means a quantity in excess of 500 single-unit con-
sumer-sized cans or packages of smokeless tobacco, 
or their equivalent, that are in the possession of any 
person other than— 
‘‘(A) a person holding a permit issued pur-
suant to chapter 52 of the Internal Revenue 
Code of 1986 as manufacturer of tobacco prod-
ucts or as an export warehouse proprietor, a 
person operating a customs bonded warehouse 
pursuant to section 311 or 555 of the Tariff 
Act of 1930, or an agent of such person; 
‘‘(B) a common carrier transporting such 
smokeless tobacco under a proper bill of lading 
or freight bill which states the quantity, source, 
and designation of such smokeless tobacco; 
‘‘(C) a person who— 
‘‘(i) is licensed or otherwise author-
ized by the State where such smokeless to-
bacco is found to engage in the business of 
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selling or distributing tobacco products; 
and 
‘‘(ii) has complied with the account-
ing, tax, and payment requirements relat-
ing to such license or authorization with 
respect to such smokeless tobacco; or 
‘‘(D) an officer, employee, or agent of the 
United States or a State, or any department, 
agency, or instrumentality of the United States 
or a State (including any political subdivision of 
a State), having possession of such smokeless 
tobacco in connection with the performance of 
official duties. 
‘‘§ 1412. Unlawful Acts 
‘‘It shall be unlawful for any person knowingly to 
ship, transport, receive, possess, sell, distribute, or pur-
chase contraband cigarettes or contraband smokeless to-
bacco. 
‘‘§ 1413. Recordkeeping, reporting, and inspection 
‘‘(a) RECORDKEEPING.—Whoever ships, sells, or dis-
tributes any quantity of cigarettes in excess of 10,000, or 
any quantity of smokeless tobacco in excess of 500 single- 
unit consumer-sized cans or packages, in a single trans-
action shall maintain such information about the ship-
ment, receipt, sale, and distribution of cigarettes as the 
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Attorney General may prescribe by rule or regulation. The 
Attorney General may require such person to keep such 
information as the Attorney General considers appropriate 
for purposes of enforcement of this subchapter, includ-
ing— 
‘‘(1) the name, address, destination (including 
street address), vehicle license number, driver’s li-
cense number, signature of the person receiving such 
cigarettes, and the name of the purchaser; 
‘‘(2) a declaration of the specific purpose of the 
receipt (personal use, resale, or delivery to another); 
and 
‘‘(3) a declaration of the name and address of 
the recipient’s principal in all cases when the recipi-
ent is acting as an agent. 
Such information shall be contained on business records 
kept in the normal course of business. 
‘‘(b) REPORTING.—Whoever, except for a tribal gov-
ernment, engages in a delivery sale, and who ships, sells, 
or distributes any quantity in excess of 10,000 cigarettes, 
or any quantity in excess of 500 single-unit consumer- 
sized cans or packages of smokeless tobacco, or their 
equivalent, within a single month, shall submit to the At-
torney General, pursuant to rules or regulations pre-
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scribed by the Attorney General, a report that sets forth 
the following: 
‘‘(1) The person’s beginning and ending inven-
tory of cigarettes and cans or packages of smokeless 
tobacco (in total) for such month. 
‘‘(2) The total quantity of cigarettes and cans 
or packages of smokeless tobacco that the person re-
ceived within such month from each other person 
(itemized by name and address). 
‘‘(3) The total quantity of cigarettes and cans 
or packages of smokeless tobacco that the person 
distributed within such month to each person 
(itemized by name and address) other than a retail 
purchaser. 
‘‘(c) INSPECTION.— 
‘‘(1) Any officer of the Bureau of Alcohol, To-
bacco, Firearms, and Explosives may, during normal 
business hours, enter the premises of any person de-
scribed in subsection (a) or (b) for the purposes of 
inspecting— 
‘‘(A) any records or information required 
to be maintained by the person under this chap-
ter; or 
‘‘(B) any cigarettes or smokeless tobacco 
kept or stored by the person at the premises. 
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‘‘(2) The district courts of the United States 
shall have the authority in a civil action under this 
subsection to compel inspections authorized by para-
graph (1). 
‘‘(3) Whoever denies access to an officer under 
paragraph (1), or who fails to comply with an order 
issued under paragraph (2), shall be subject to a 
civil penalty in an amount not to exceed $10,000. 
‘‘(d) OTHERS TO RECEIVE REPORTS.—Any report re-
quired to be submitted under this subchapter to the Attor-
ney General shall also be submitted to the Secretary of 
the Treasury and to the attorneys general and the tax ad-
ministrators of the States from where the shipments, de-
liveries, or distributions both originated and concluded. 
‘‘(e) DELIVERY SALE DEFINED.—As used in this sec-
tion, the term ‘delivery sale’ means any sale of cigarettes 
or smokeless tobacco in interstate commerce to a con-
sumer if— 
‘‘(1) the consumer submits the order for such 
sale by means of a telephone or other method of 
voice transmission, the mails, or the Internet or 
other online service, or by any other means where 
the consumer is not in the same physical location as 
the seller when the purchase or offer of sale is made; 
or 
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‘‘(2) the cigarettes or smokeless tobacco are de-
livered by use of the mails, common carrier, private 
delivery service, or any other means where the con-
sumer is not in the same physical location as the 
seller when the consumer obtains physical possession 
of the cigarettes or smokeless tobacco. 
‘‘§ 1414. Penalties 
‘‘(a) 1412(a) VIOLATIONS.—Whoever knowingly vio-
lates section 1412(a) shall be imprisoned not more than 
five years. 
‘‘(b) 1413(a) AND
1416 VIOLATIONS.—Whoever 
knowingly violates any rule or regulation promulgated 
under section 1413(a) or 1416 or violates section 1412(b) 
shall be imprisoned not more than three years. 
‘‘§ 1415. Enforcement and regulations 
‘‘(a) GENERALLY.—The Attorney General, subject to 
section 1413(a), shall enforce this subchapter and may 
prescribe rules and regulations to carry out this sub-
chapter. 
‘‘(b) STATE ENFORCEMENT THROUGH CIVIL AC-
TIONS.— 
‘‘(1) A State, through its attorney general, a 
local government, through its chief law enforcement 
officer (or a designee thereof), or any person who 
holds a permit under chapter 52 of the Internal Rev-
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enue Code of 1986, may bring an action in the 
United States district courts to prevent and restrain 
violations of this subchapter by any person (or by 
any person controlling such person), except that any 
person who holds a permit under chapter 52 of the 
Internal Revenue Code of 1986 may not bring such 
an action against a State or local government. No 
civil action may be commenced under this paragraph 
against an Indian tribe or an Indian in Indian coun-
try (as defined in section 871). 
‘‘(2) A State, through its attorney general, or 
a local government, through its chief law enforce-
ment officer (or a designee thereof), may in a civil 
action under paragraph (1) also obtain any other ap-
propriate relief for violations of this subchapter from 
any person (or by any person controlling such per-
son), including civil penalties, money damages, and 
injunctive or other equitable relief. Nothing in this 
chapter abrogates or constitutes a waiver of any sov-
ereign immunity of a State or local government, or 
an Indian tribe against any unconsented lawsuit 
under this chapter, or otherwise restricts, expands, 
or modifies any sovereign immunity of a State or 
local government, or an Indian tribe. 
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‘‘SUBCHAPTER E—CHILD SUPPORT 
‘‘Sec. 
‘‘1431. Failure to pay legal child support obligations. 
‘‘§ 1431. Failure to pay legal child support obligations 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly fails to pay a support obligation 
with respect to a child who resides in another State, 
if such obligation has remained unpaid for a period 
longer than 1 year, or is greater than $5,000; 
‘‘(2) travels in interstate or foreign commerce 
with the intent to evade a support obligation, if such 
obligation has remained unpaid for a period longer 
than 1 year, or is greater than $5,000; or 
‘‘(3) knowingly fails to pay a support obligation 
with respect to a child who resides in another State, 
if such obligation has remained unpaid for a period 
longer than 2 years, or is greater than $10,000; 
shall be punished as provided in subsection (c). 
‘‘(b) PRESUMPTION.—The existence of a support ob-
ligation that was in effect for the time period charged in 
the indictment or information creates a rebuttable pre-
sumption that the obligor has the ability to pay the sup-
port obligation for that time period. 
‘‘(c) PUNISHMENT.—The punishment for an offense 
under this section is— 
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‘‘(1) in the case of a first offense under sub-
section (a)(1), imprisonment for not more than 6 
months; and 
‘‘(2) in the case of an offense under paragraph 
(2) or (3) of subsection (a), or a second or subse-
quent offense under subsection (a)(1), imprisonment 
for not more than 2 years. 
‘‘(d) VENUE.—With respect to an offense under this 
section, an action may be inquired of and prosecuted in 
a district court of the United States for— 
‘‘(1) the district in which the child who is the 
subject of the support obligation involved resided 
during a period during which a person described in 
subsection (a) (referred to in this subsection as an 
‘obligor’) failed to meet that support obligation; 
‘‘(2) the district in which the obligor resided 
during a period described in paragraph (1); or 
‘‘(3) any other district with jurisdiction other-
wise provided for by law. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘Indian tribe’ has the meaning 
given that term in section 102 of the Federally Rec-
ognized Indian Tribe List Act of 1994; and 
‘‘(2) the term ‘support obligation’ means any 
amount determined under a court order or an order 
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of an administrative process pursuant to the law of 
a State or of an Indian tribe to be due from a per-
son for the support and maintenance of a child or 
of a child and the parent with whom the child is liv-
ing. 
‘‘SUBCHAPTER F—OBSCENITY 
‘‘Sec. 
‘‘1441. Mailing obscene or crime-inciting matter. 
‘‘1442. Importation or transportation of obscene matters. 
‘‘1443. Production and transportation of obscene matters for sale or distribu-
tion. 
‘‘1444. Engaging in the business of selling or transferring obscene matter. 
‘‘1445. Obscene visual representations of the sexual abuse of children. 
‘‘1446. Presumptions. 
‘‘1447. Transfer of obscene material to minor. 
‘‘§ 1441. Mailing obscene or crime-inciting matter 
‘‘(a) NONMAILABILITY.—The following are non-
mailable matter and shall not be conveyed in the mails 
or delivered from any post office or by any letter carrier: 
‘‘(1) Every obscene, lewd, lascivious, indecent, 
filthy or vile article, matter, thing, device, or sub-
stance. 
‘‘(2) Every article or thing designed, adapted, 
or intended for producing abortion, or for any inde-
cent or immoral use. 
‘‘(3) Every article, instrument, substance, drug, 
medicine, or thing which is advertised or described 
in a manner calculated to lead another to use or 
apply it for producing abortion, or for any indecent 
or immoral purpose. 
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‘‘(4) Every written or printed card, letter, cir-
cular, book, pamphlet, advertisement, or notice of 
any kind giving information, directly or indirectly, 
where, or how, or from whom, or by what means any 
of such mentioned matters, articles, or things may 
be obtained or made, or where or by whom any act 
or operation of any kind for the procuring or pro-
ducing of abortion will be done or performed, or how 
or by what means abortion may be produced, wheth-
er sealed or unsealed. 
‘‘(5) Every paper, writing, advertisement, or 
representation that any article, instrument, sub-
stance, drug, medicine, or thing may, or can, be 
used or applied for producing abortion, or for any 
indecent or immoral purpose. 
‘‘(6) Every description calculated to induce or 
incite a person to so use or apply any such article, 
instrument, substance, drug, medicine, or thing. 
‘‘(b) OFFENSE.—Whoever knowingly uses the mails 
for the mailing, carriage in the mails, or delivery of any-
thing declared by this section or section 3001(e) of title 
39 to be nonmailable, or knowingly causes to be delivered 
by mail according to the direction thereon, or at the place 
at which it is directed to be delivered by the person to 
whom it is addressed, or knowingly takes any such thing 
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from the mails for the purpose of circulating or disposing 
thereof, or of aiding in the circulation or disposition there-
of, shall be imprisoned not more than five years, for the 
first such offense, and shall be imprisoned not more than 
ten years for each such offense thereafter. 
‘‘§ 1442. Importation or transportation of obscene 
matters 
‘‘Whoever— 
‘‘(1) brings into the United States, or any place 
subject to the jurisdiction thereof, or knowingly uses 
any express company or other common carrier or 
interactive computer service (as defined in section 
230(f)(2) of the Communications Act of 1934), for 
carriage in interstate or foreign commerce— 
‘‘(A) any obscene, lewd, lascivious, or filthy 
book, pamphlet, picture, motion-picture film, 
paper, letter, writing, print, or other matter of 
indecent character; 
‘‘(B) any obscene, lewd, lascivious, or filthy 
phonograph recording, electrical transcription, 
or other article or thing capable of producing 
sound; or 
‘‘(C) any drug, medicine, article, or thing 
designed, adapted, or intended for producing 
abortion, or for any indecent or immoral use; or 
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993 
any written or printed card, letter, circular, 
book, pamphlet, advertisement, or notice of any 
kind giving information, directly or indirectly, 
where, how, or of whom, or by what means any 
of such mentioned articles, matters, or things 
may be obtained or made; or 
‘‘(2) knowingly takes or receives, from such ex-
press company or other common carrier or inter-
active computer service (as defined in section 
230(f)(2) of the Communications Act of 1934) any 
matter or thing the carriage or importation of which 
is herein made unlawful; 
shall be imprisoned not more than five years for the first 
such offense and shall be imprisoned not more than ten 
years for each such offense thereafter. 
‘‘§ 1443. Production and transportation of obscene 
matters for sale or distribution 
‘‘(a) OFFENSE.—Whoever knowingly produces with 
the intent to transport, distribute, or transmit in inter-
state or foreign commerce, or whoever knowingly trans-
ports or travels in, or uses a facility or means of, interstate 
or foreign commerce or an interactive computer service (as 
defined in section 230(f)(2) of the Communications Act 
of 1934) in or affecting such commerce, for the purpose 
of sale or distribution, of any obscene, lewd, lascivious, or 
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filthy book, pamphlet, picture, film, paper, letter, writing, 
print, silhouette, drawing, figure, image, cast, phonograph 
recording, electrical transcription or other article capable 
of producing sound or any other matter of indecent or im-
moral character, shall be imprisoned not more than five 
years. 
‘‘(b) PRESUMPTION.—The transportation as afore-
said of two or more copies of any publication or two or 
more of any article of the character described above, or 
a combined total of five such publications and articles, 
shall create a presumption that such publications or arti-
cles are intended for sale or distribution, but such pre-
sumption shall be rebuttable. 
‘‘§ 1444. Engaging in the business of selling or trans-
ferring obscene matter 
‘‘(a) OFFENSE.—Whoever is engaged in the business 
of producing with intent to distribute or sell, or selling 
or transferring obscene matter, who knowingly receives or 
possesses with intent to distribute any obscene book, mag-
azine, picture, paper, film, videotape, or phonograph or 
other audio recording, which has been shipped or trans-
ported in interstate or foreign commerce, shall be pun-
ished by imprisonment for not more than 5 years or by 
a fine under this title, or both. 
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‘‘(b) DEFINITION.—As used in this section, the term 
‘engaged in the business’ means that the person who pro-
duces, sells, or transfers, or offers to sell or transfer ob-
scene matter devotes time, attention, or labor to such ac-
tivities, as a regular course of trade or business, with the 
objective of earning a profit, although it is not necessary 
that the person make a profit or that the production, sell-
ing or transferring or offering to sell or transfer such ma-
terial be the person’s sole or principal business or source 
of income. The offering for sale of or to transfer, at one 
time, two or more copies of any obscene publication, or 
two or more of any obscene article, or a combined total 
of five or more such publications and articles, shall create 
a rebuttable presumption that the person so offering them 
is ‘engaged in the business’ as defined in this subsection. 
‘‘§ 1445. Obscene visual representations of the sexual 
abuse of children 
‘‘(a) IN GENERAL.—Whoever, as made applicable by 
subsection (d), knowingly produces, distributes, receives, 
or possesses with intent to distribute, a visual depiction 
of any kind, including a drawing, cartoon, sculpture, or 
painting, that— 
‘‘(1)(A) depicts a minor engaging in sexually 
explicit conduct; and 
‘‘(B) is obscene; or 
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‘‘(2)(A) depicts an image that is, or appears to 
be, of a minor engaging in graphic bestiality, sadis-
tic or masochistic abuse, or sexual intercourse, in-
cluding genital-genital, oral-genital, anal-genital, or 
oral-anal, whether between persons of the same or 
opposite sex; and 
‘‘(B) lacks serious literary, artistic, political, or 
scientific value; 
shall be subject to the penalties provided in section 
223(c)(1), including the penalties provided for cases in-
volving a prior conviction. 
‘‘(b) ADDITIONAL OFFENSES.—Whoever, as made 
applicable by subsection (d), knowingly possesses a visual 
depiction of any kind, including a drawing, cartoon, sculp-
ture, or painting, that— 
‘‘(1)(A) depicts a minor engaging in sexually 
explicit conduct; and 
‘‘(B) is obscene; or 
‘‘(2)(A) depicts an image that is, or appears to 
be, of a minor engaging in graphic bestiality, sadis-
tic or masochistic abuse, or sexual intercourse, in-
cluding genital-genital, oral-genital, anal-genital, or 
oral-anal, whether between persons of the same or 
opposite sex; and 
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‘‘(B) lacks serious literary, artistic, political, or 
scientific value; 
shall be subject to the penalties provided in section 
223(c)(2), including the penalties provided for cases in-
volving a prior conviction. 
‘‘(c) NONREQUIRED ELEMENT OF OFFENSE.—It is 
not a required element of any offense under this section 
that the minor depicted actually exist. 
‘‘(d) APPLICABILITY.—Subsections (a) and (b) apply 
if— 
‘‘(1) any communication involved in or made in 
furtherance of the offense is communicated or trans-
ported by the mail, or in interstate or foreign com-
merce by any means, including by computer, or any 
means or instrumentality of interstate or foreign 
commerce is otherwise used in committing or in fur-
therance of the commission of the offense; 
‘‘(2) any communication involved in or made in 
furtherance of the offense contemplates the trans-
mission or transportation of a visual depiction by the 
mail, or in interstate or foreign commerce by any 
means, including by computer; 
‘‘(3) any person travels or is transported in 
interstate or foreign commerce in the course of the 
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commission or in furtherance of the commission of 
the offense; 
‘‘(4) any visual depiction involved in the offense 
has been mailed, or has been shipped or transported 
in interstate or foreign commerce by any means, in-
cluding by computer, or was produced using mate-
rials that have been mailed, or that have been 
shipped or transported in interstate or foreign com-
merce by any means, including by computer; or 
‘‘(5) the offense is committed in the special 
maritime and territorial jurisdiction of the United 
States or in any territory or possession of the 
United States. 
‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an affirm-
ative defense to a charge of violating subsection (b) that 
the defendant— 
‘‘(1) possessed less than 3 such visual depic-
tions; and 
‘‘(2) promptly and in good faith, and without 
retaining or allowing any person, other than a law 
enforcement agency, to access any such visual depic-
tion— 
‘‘(A) took reasonable steps to destroy each 
such visual depiction; or 
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‘‘(B) reported the matter to a law enforce-
ment agency and afforded that agency access to 
each such visual depiction. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘visual depiction’ includes unde-
veloped film and videotape, and data stored on a 
computer disk or by electronic means which is capa-
ble of conversion into a visual image, and also in-
cludes any photograph, film, video, picture, digital 
image or picture, computer image or picture, or 
computer generated image or picture, whether made 
or produced by electronic, mechanical, or other 
means; 
‘‘(2) the term ‘sexually explicit conduct’ has the 
meaning given the term in section 225(1)(A) or 
225(1)(B); and 
‘‘(3) the term ‘graphic’, when used with respect 
to a depiction of sexually explicit conduct, means 
that a viewer can observe any part of the genitals 
or pubic area of any depicted person or animal dur-
ing any part of the time that the sexually explicit 
conduct is being depicted. 
‘‘§ 1446. Presumptions 
‘‘(a) INTERSTATE COMMERCE.—In any prosecution 
under this subchapter in which an element of the offense 
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is that the matter in question was transported, shipped, 
or carried in interstate commerce, proof, by either cir-
cumstantial or direct evidence, that such matter was pro-
duced or manufactured in one State and is subsequently 
located in another State shall raise a rebuttable presump-
tion that such matter was transported, shipped, or carried 
in interstate commerce. 
‘‘(b) FOREIGN
COMMERCE.—In any prosecution 
under this subchapter in which an element of the offense 
is that the matter in question was transported, shipped, 
or carried in foreign commerce, proof, by either cir-
cumstantial or direct evidence, that such matter was pro-
duced or manufactured outside of the United States and 
is subsequently located in the United States shall raise 
a rebuttable presumption that such matter was trans-
ported, shipped, or carried in foreign commerce. 
‘‘§ 1447. Transfer of obscene material to minor 
‘‘Whoever, using the mail or any facility or means 
of interstate or foreign commerce, knowingly transfers ob-
scene matter to another individual who has not attained 
the age of 16 years, knowing that such other individual 
has not attained the age of 16 years, or attempts to do 
so, shall be imprisoned not more than 10 years. 
‘‘SUBCHAPTER G—MONEY LAUNDERING 
‘‘Sec. 
‘‘1451. Laundering of monetary instruments. 
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‘‘1452. Engaging in monetary transactions in property derived from specified 
unlawful activity. 
‘‘1453. Structuring transactions to evade reporting requirement prohibited. 
‘‘1454. Bulk cash smuggling into or out of the United States. 
‘‘§ 1451. Laundering of monetary instruments 
‘‘(a) OFFENSES.—(1) Whoever, knowing that the 
property involved in a financial transaction represents the 
proceeds of some form of unlawful activity, conducts or 
attempts to conduct such a financial transaction which in 
fact involves the proceeds of specified unlawful activity— 
‘‘(A)(i) with the intent to promote the carrying 
on of specified unlawful activity; or 
‘‘(ii) with intent to engage in conduct consti-
tuting a violation of section 7201 or 7206 of the In-
ternal Revenue Code of 1986; or 
‘‘(B) knowing that the transaction is designed 
in whole or in part— 
‘‘(i) to conceal or disguise the nature, the loca-
tion, the source, the ownership, or the control of the 
proceeds of specified unlawful activity; or 
‘‘(ii) to avoid a transaction reporting require-
ment under State or Federal law, 
shall be sentenced to a fine of not more than $500,000 
or twice the value of the property involved in the trans-
action, whichever is greater, or imprisonment for not more 
than twenty years, or both. For purposes of this para-
graph, a financial transaction shall be considered to be 
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1002 
one involving the proceeds of specified unlawful activity 
if it is part of a set of parallel or dependent transactions, 
any one of which involves the proceeds of specified unlaw-
ful activity, and all of which are part of a single plan or 
arrangement. 
‘‘(2) Whoever transports, transmits, or transfers, or 
attempts to transport, transmit, or transfer a monetary 
instrument or funds from a place in the United States 
to or through a place outside the United States or to a 
place in the United States from or through a place outside 
the United States— 
‘‘(A) with the intent to promote the carrying on 
of specified unlawful activity; or 
‘‘(B) knowing that the monetary instrument or 
funds involved in the transportation, transmission, 
or transfer represent the proceeds of some form of 
unlawful activity and knowing that such transpor-
tation, transmission, or transfer is designed in whole 
or in part— 
‘‘(i) to conceal or disguise the nature, the 
location, the source, the ownership, or the con-
trol of the proceeds of specified unlawful activ-
ity; or 
‘‘(ii) to avoid a transaction reporting re-
quirement under State or Federal law, 
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1003 
shall be sentenced to a fine of not more than $500,000 
or twice the value of the monetary instrument or funds 
involved in the transportation, transmission, or transfer, 
whichever is greater, or imprisonment for not more than 
twenty years, or both. For the purpose of the offense de-
scribed in subparagraph (B), the defendant’s knowledge 
may be established by proof that a law enforcement officer 
represented the matter specified in subparagraph (B) as 
true, and the defendant’s subsequent statements or ac-
tions indicate that the defendant believed such representa-
tions to be true. 
‘‘(3) Whoever, with the intent— 
‘‘(A) to promote the carrying on of specified un-
lawful activity; 
‘‘(B) to conceal or disguise the nature, location, 
source, ownership, or control of property believed to 
be the proceeds of specified unlawful activity; or 
‘‘(C) to avoid a transaction reporting require-
ment under State or Federal law, 
conducts or attempts to conduct a financial transaction 
involving property represented to be the proceeds of speci-
fied unlawful activity, or property used to conduct or fa-
cilitate specified unlawful activity, shall be imprisoned for 
not more than 20 years. For purposes of this paragraph 
and paragraph (2), the term ‘represented’ means any rep-
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1004 
resentation made by a law enforcement officer or by an-
other person at the direction of, or with the approval of, 
a Federal official authorized to investigate or prosecute 
violations of this section. 
‘‘(b) PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever conducts or at-
tempts to conduct a transaction described in sub-
section (a)(1) or (a)(3), or section 1452, or a trans-
portation, transmission, or transfer described in sub-
section (a)(2), is liable to the United States for a 
civil penalty of not more than the greater of— 
‘‘(A) the value of the property, funds, or 
monetary instruments involved in the trans-
action; or 
‘‘(B) $10,000. 
‘‘(2) JURISDICTION OVER FOREIGN PERSONS.— 
For purposes of adjudicating an action filed or en-
forcing a penalty ordered under this section, the dis-
trict courts shall have jurisdiction over any foreign 
person, including any financial institution authorized 
under the laws of a foreign country, against whom 
the action is brought, if service of process upon the 
foreign person is made under the Federal Rules of 
Civil Procedure or the laws of the country in which 
the foreign person is found, and— 
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1005 
‘‘(A) the foreign person commits an offense 
under subsection (a) involving a financial trans-
action that occurs in whole or in part in the 
United States; 
‘‘(B) the foreign person converts, to his or 
her own use, property in which the United 
States has an ownership interest by virtue of 
the entry of an order of forfeiture by a court 
of the United States; or 
‘‘(C) the foreign person is a financial insti-
tution that maintains a bank account at a fi-
nancial institution in the United States. 
‘‘(3) COURT
AUTHORITY
OVER
ASSETS.—A 
court may issue a pretrial restraining order or take 
any other action necessary to ensure that any bank 
account or other property held by the defendant in 
the United States is available to satisfy a judgment 
under this section. 
‘‘(4) FEDERAL RECEIVER.— 
‘‘(A) IN GENERAL.—A court may appoint 
a Federal Receiver, in accordance with subpara-
graph (B) of this paragraph, to collect, mar-
shal, and take custody, control, and possession 
of all assets of the defendant, wherever located, 
to satisfy a civil judgment under this sub-
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1006 
section, a forfeiture judgment under chapter 50, 
or a criminal sentence under section 1452 or 
subsection (a) of this section, including an 
order of restitution to any victim of a specified 
unlawful activity. 
‘‘(B) APPOINTMENT AND AUTHORITY.—A 
Federal Receiver described in subparagraph 
(A)— 
‘‘(i) may be appointed upon applica-
tion of a Federal prosecutor or a Federal 
or State regulator, by the court having ju-
risdiction over the defendant in the case; 
‘‘(ii) shall be an officer of the court, 
and the powers of the Federal Receiver 
shall include the powers set out in section 
754 of title 28; and 
‘‘(iii) shall have standing equivalent to 
that of a Federal prosecutor for the pur-
pose of submitting requests to obtain infor-
mation regarding the assets of the defend-
ant— 
‘‘(I) from the Financial Crimes 
Enforcement Network of the Depart-
ment of the Treasury; or 
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1007 
‘‘(II) from a foreign country pur-
suant to a mutual legal assistance 
treaty, multilateral agreement, or 
other arrangement for international 
law enforcement assistance, provided 
that such requests are in accordance 
with the policies and procedures of the 
Attorney General. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘knowing that the property in-
volved in a financial transaction represents the pro-
ceeds of some form of unlawful activity’ means that 
the person knew the property involved in the trans-
action represented proceeds from some form, though 
not necessarily which form, of activity that con-
stitutes a felony under State, Federal, or foreign 
law, regardless of whether or not such activity is 
specified in paragraph (7); 
‘‘(2) the term ‘conducts’ includes initiating, 
concluding, or participating in initiating, or con-
cluding a transaction; 
‘‘(3) the term ‘transaction’ includes a purchase, 
sale, loan, pledge, gift, transfer, delivery, or other 
disposition, and with respect to a financial institu-
tion includes a deposit, withdrawal, transfer between 
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1008 
accounts, exchange of currency, loan, extension of 
credit, purchase or sale of any stock, bond, certifi-
cate of deposit, or other monetary instrument, use of 
a safe deposit box, or any other payment, transfer, 
or delivery by, through, or to a financial institution, 
by whatever means effected; 
‘‘(4) the term ‘financial transaction’ means (A) 
a transaction which in any way or degree affects 
interstate or foreign commerce (i) involving the 
movement of funds by wire or other means or (ii) in-
volving one or more monetary instruments, or (iii) 
involving the transfer of title to any real property, 
vehicle, vessel, or aircraft, or (B) a transaction in-
volving the use of a financial institution which is en-
gaged in, or the activities of which affect, interstate 
or foreign commerce in any way or degree; 
‘‘(5) the term ‘monetary instruments’ means (i) 
coin or currency of the United States or of any other 
country, travelers’ checks, personal checks, bank 
checks, and money orders, or (ii) investment securi-
ties or negotiable instruments, in bearer form or 
otherwise in such form that title thereto passes upon 
delivery; 
‘‘(6) the term ‘financial institution’ means— 
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1009 
‘‘(A) any financial institution, as defined in 
section 5312(a)(2) of title 31, or regulations 
under such section; or 
‘‘(B) any foreign bank, as defined in sec-
tion 1 of the International Banking Act of 
1978; 
‘‘(7) the term ‘specified unlawful activity’ 
means— 
‘‘(A) any act or activity constituting an of-
fense listed in section 511(1) except an act 
which is indictable under subchapter II of chap-
ter 53 of title 31; 
‘‘(B) with respect to a financial transaction 
occurring in whole or in part in the United 
States, an offense against a foreign nation in-
volving— 
‘‘(i) the manufacture, importation, 
sale, or distribution of a controlled sub-
stance; 
‘‘(ii) murder, kidnapping, robbery, ex-
tortion, destruction of property by means 
of explosive or fire, or a crime of violence; 
‘‘(iii) fraud, or any scheme or attempt 
to defraud, by or against a foreign bank 
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1010 
(as defined in paragraph 7 of section 1(b) 
of the International Banking Act of 1978); 
‘‘(iv) bribery of a public official, or 
the misappropriation, theft, or embezzle-
ment of public funds by or for the benefit 
of a public official; 
‘‘(v) smuggling or export control viola-
tions involving— 
‘‘(I) an item controlled on the 
United States Munitions List estab-
lished under section 38 of the Arms 
Export Control Act; or 
‘‘(II) an item controlled under 
regulations under the Export Admin-
istration 
Regulations 
(15 
C.F.R. 
Parts 730–774); or 
‘‘(vi) an offense with respect to which 
the United States would be obligated by a 
multilateral treaty, either to extradite the 
alleged offender or to submit the case for 
prosecution, if the offender were found 
within the territory of the United States; 
or 
‘‘(vii) trafficking in persons, selling or 
buying of children, sexual exploration or 
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1011 
children, or transporting, recruiting or har-
boring a person, including a child, for com-
mercial sex acts; 
‘‘(C) any act or acts constituting a con-
tinuing criminal enterprise, as that term is de-
fined in section 413; 
‘‘(D) an offense under section 1301 (relat-
ing to the destruction of aircraft), section 1305 
(relating to violence at international airports), 
section 131 (relating to influencing, impeding, 
or retaliating against a Federal official by 
threatening or injuring a family member), sec-
tion 871 (relating to concealment of assets; 
false oaths and claims; bribery), section 624 
(relating to the variola virus), section 1003 (re-
lating to commissions or gifts for procuring 
loans), section 711 (relating to money orders), 
section 712 (relating to postage stamps, post-
age meter stamps, and postal cards), section 
718 (relating to securities of States and private 
entities), section 861 (relating to entry of goods 
falsely classified), section 862 (relating to entry 
of goods by means of false statements), section 
863 (relating to smuggling goods into the 
United States), section 865 (relating to remov-
VerDate Mar 15 2010 
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1012 
ing goods from customs custody; breaking 
seals), section 867 (relating to smuggling goods 
from the United States), section 641 (relating 
to public money, property, or records), section 
644 (relating to theft, embezzlement, or 
misapplication by bank officer or employee), 
section 645 (relating to lending, credit, and in-
surance institutions), section 646 (relating to 
property mortgaged or pledged to farm credit 
agencies), section 654 (relating to theft or brib-
ery concerning programs receiving Federal 
funds), section 301, 302, or 303 (relating to es-
pionage and censorship), section 601 (relating 
to prohibited transactions involving nuclear ma-
terials), section 614 (f) or (i) (relating to de-
struction by explosives or fire of Government 
property or property affecting interstate or for-
eign commerce), section 144 (relating to com-
munication of ransom demands and other 
threatening communications in or affecting 
commerce), section 582(1) (relating to the un-
lawful importation of firearms), section 584(n) 
(relating to firearms trafficking), section 924 
(relating to conspiracy to kill, kidnap, maim, or 
injure certain property in a foreign country), 
VerDate Mar 15 2010 
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1013 
section 773 (relating to fraudulent bank en-
tries), section 774 (relating to fraudulent Fed-
eral credit institution entries), section 775 (re-
lating to Federal Deposit Insurance Corpora-
tion transactions), section 779 (relating to 
fraudulent loan or credit applications), section 
787 (relating to computer fraud and abuse), 
section 789 (relating to concealment of assets 
from conservator, receiver, or liquidating agent 
of financial institution), section 102 (relating to 
Federally punishable homicides), section 121 
(relating to kidnapping), section 123 (relating 
to hostage taking), section 1201 (relating to 
Government property or contracts), section 
1203 (relating to buildings or property within 
the special maritime and territorial jurisdic-
tion), section 947 (relating to theft or receipt of 
stolen mail matter generally), section 143 (re-
lating to bank robbery and incidental crimes), 
section 223 (relating to certain activities relat-
ing to material involving the sexual exploitation 
of children and child pornography) where the 
child pornography contains a visual depiction of 
an actual minor engaging in sexually explicit 
conduct, section 1345 (relating to violence 
VerDate Mar 15 2010 
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1014 
against maritime navigation), section 676 (re-
lating to criminal infringement of a copyright), 
section 680 (relating to trafficking in counter-
feit goods and services), section 271 (relating to 
weapons of mass destruction, and explosives 
and other lethal devices), section 272 (relating 
to atomic weapons), section 273 (relating to 
acts of terrorism transcending national bound-
aries), section 275 (relating to missile systems 
designed to destroy aircraft), section 276 (relat-
ing to radiological dispersal devices), section 
278 or 279 (relating to providing material sup-
port to terrorists), section 280 (relating to pro-
hibitions against the financing of terrorism), 
section 281 (relating to receiving military-type 
training from a foreign terrorist organization), 
section 414 (relating to drug paraphernalia), or 
section 1307 (relating to aircraft piracy) of this 
title, a felony violation of the Chemical Diver-
sion and Trafficking Act of 1988 (relating to 
precursor and essential chemicals), section 590 
of the Tariff Act of 1930 (relating to aviation 
smuggling), section 38(c) (relating to criminal 
violations) of the Arms Export Control Act, sec-
tion 11 (relating to violations) of the Export 
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1015 
Administration Act of 1979, section 206 (relat-
ing to penalties) of the International Emer-
gency Economic Powers Act, section 16 (relat-
ing to offenses and punishment) of the Trading 
with the Enemy Act, any felony violation of sec-
tion 15 of the Food and Nutrition Act of 2008 
(relating to violations and enforcement) involv-
ing a quantity of benefits having a value of not 
less than $5,000, any violation of section 
543(a)(1) of the Housing Act of 1949 (relating 
to equity skimming), any felony violation of the 
Foreign Agents Registration Act of 1938, or 
any felony violation of the Foreign Corrupt 
Practices Act; 
‘‘(E) a felony violation of the Federal 
Water Pollution Control Act, the Ocean Dump-
ing Act, the Act to Prevent Pollution from 
Ships, the Safe Drinking Water Act, or the Re-
sources Conservation and Recovery Act; or 
‘‘(F) any act or activity constituting an of-
fense involving a Federal health care offense; 
and 
‘‘(8) the term ‘proceeds’ means any property 
derived from or obtained or retained, directly or in-
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1016 
directly, through some form of unlawful activity, in-
cluding the gross receipts of such activity. 
‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over the an offense under this 
section if— 
‘‘(1) the conduct is by a United States citizen 
or, in the case of a non-United States citizen, the 
conduct occurs in part in the United States; and 
‘‘(2) the transaction or series of related trans-
actions involves funds or monetary instruments of a 
value exceeding $10,000. 
‘‘(e) NOTICE OF CONVICTION OF FINANCIAL INSTI-
TUTIONS.—If any financial institution or any officer, di-
rector, or employee of any financial institution has been 
found guilty of an offense under this section, section 1452 
or 508, or section 5322 or 5324 of title 31, the Attorney 
General shall provide written notice of such fact to the 
appropriate regulatory agency for the financial institution. 
‘‘(f) VENUE.—(1) Except as provided in paragraph 
(2), a prosecution for an offense under this section or sec-
tion 1452 may be brought in— 
‘‘(A) any district in which the financial or mon-
etary transaction is conducted; or 
‘‘(B) any district where a prosecution for the 
underlying specified unlawful activity could be 
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1017 
brought, if the defendant participated in the transfer 
of the proceeds of the specified unlawful activity 
from that district to the district where the financial 
or monetary transaction is conducted. 
‘‘(2) A prosecution for an attempt or conspiracy of-
fense under this section or section 1957 may be brought 
in the district where venue would lie for the completed of-
fense under paragraph (1), or in any other district where 
an act in furtherance of the attempt or conspiracy took 
place. 
‘‘(3) For purposes of this section, a transfer of funds 
from 1 place to another, by wire or any other means, shall 
constitute a single, continuing transaction. Any person 
who conducts (as that term is defined in subsection (c)(2)) 
any portion of the transaction may be charged in any dis-
trict in which the transaction takes place. 
‘‘§ 1452. Engaging in monetary transactions in prop-
erty derived from specified unlawful ac-
tivity 
‘‘(a) ELEMENTS OF OFFENSE.—Whoever, as made 
applicable by subsection (d), knowingly engages or at-
tempts to engage in a monetary transaction in criminally 
derived property of a value greater than $10,000 and is 
derived from specified unlawful activity, shall be punished 
as provided in subsection (b). 
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1018 
‘‘(b) PUNISHMENT.—(1) Except as provided in para-
graph (2), the punishment for an offense under this sec-
tion is imprisonment for not more than ten years. 
‘‘(2) The court may impose an alternate fine to that 
imposable under paragraph (1) of not more than twice the 
amount of the criminally derived property involved in the 
transaction. 
‘‘(c) PROOF.—In a prosecution for an offense under 
this section, the Government is not required to prove the 
defendant knew that the offense from which the criminally 
derived property was derived was specified unlawful activ-
ity. 
‘‘(d) APPLICABILITY.—Subsection (a) applies if— 
‘‘(1) that the offense under this section takes 
place in the United States or in the special maritime 
and territorial jurisdiction of the United States; or 
‘‘(2) that the offense under this section takes 
place outside the United States and such special ju-
risdiction, but the defendant is a United States per-
son (as defined in section 3077, but excluding the 
class described in paragraph (2)(D) of such section). 
‘‘(e) INVESTIGATIVE AUTHORITY.—Violations of this 
section may be investigated by such components of the De-
partment of Justice as the Attorney General may direct, 
and by such components of the Department of the Treas-
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1019 
ury as the Secretary of the Treasury may direct, as appro-
priate, and, with respect to offenses over which the De-
partment of Homeland Security has jurisdiction, by such 
components of the Department of Homeland Security as 
the Secretary of Homeland Security may direct, and, with 
respect to offenses over which the United States Postal 
Service has jurisdiction, by the Postal Service. Such au-
thority of the Secretary of the Treasury, the Secretary of 
Homeland Security, and the Postal Service shall be exer-
cised in accordance with an agreement which shall be en-
tered into by the Secretary of the Treasury, the Secretary 
of Homeland Security, the Postal Service, and the Attor-
ney General. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘monetary transaction’ means the 
deposit, withdrawal, transfer, or exchange, in or af-
fecting interstate or foreign commerce, of funds or 
a monetary instrument (as defined in section 
1451(c)(5)) by, through, or to a financial institution 
(as defined in section 1451), including any trans-
action that would be a financial transaction under 
section 1451(c)(4)(B), but such term does not in-
clude any transaction necessary to preserve a per-
son’s right to representation as guaranteed by the 
sixth amendment to the Constitution; 
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1020 
‘‘(2) the term ‘criminally derived property’ 
means any property constituting, or derived from, 
proceeds obtained from a criminal offense; and 
‘‘(3) the terms ‘specified unlawful activity’ and 
‘proceeds’ shall have the meaning given those terms 
in section 1451. 
‘‘§ 1453. Structuring transactions to evade reporting 
requirement prohibited 
‘‘(a) DOMESTIC
COIN
AND
CURRENCY
TRANS-
ACTIONS INVOLVING FINANCIAL INSTITUTIONS.—No per-
son shall, for the purpose of evading the reporting require-
ments of section 5313(a) or 5325 of title 31 or any regula-
tion prescribed under any such section, the reporting or 
recordkeeping requirements imposed by any order issued 
under section 5326 of that title, or the recordkeeping re-
quirements imposed by any regulation prescribed under 
section 21 of the Federal Deposit Insurance Act or section 
123 of Public Law 91–508— 
‘‘(1) cause or attempt to cause a domestic fi-
nancial institution to fail to file a report required 
under section 5313(a) or 5325 of title 31 or any 
regulation prescribed under any such section, to file 
a report or to maintain a record required by an 
order issued under section 5326 of title 31, or to 
maintain a record required pursuant to any regula-
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1021 
tion prescribed under section 21 of the Federal De-
posit Insurance Act or section 123 of Public Law 
91–508; 
‘‘(2) cause or attempt to cause a domestic fi-
nancial institution to file a report required under 
section 5313(a) or 5325 of title 31 or any regulation 
prescribed under any such section, to file a report or 
to maintain a record required by any order issued 
under section 5326 of title 31, or to maintain a 
record required pursuant to any regulation pre-
scribed under section 5326 of title 31, or to main-
tain a record required pursuant to any regulation 
prescribed under section 21 of the Federal Deposit 
Insurance Act or section 123 of Public Law 91–508, 
that contains a material omission or misstatement of 
fact; or 
‘‘(3) structure or assist in structuring, or at-
tempt to structure or assist in structuring, any 
transaction with one or more domestic financial in-
stitutions. 
‘‘(b) DOMESTIC
COIN
AND
CURRENCY
TRANS-
ACTIONS INVOLVING NONFINANCIAL TRADES OR BUSI-
NESSES.—No person shall, for the purpose of evading the 
report requirements of section 5331 of title 31 or any reg-
ulation prescribed under such section— 
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‘‘(1) cause or attempt to cause a nonfinancial 
trade or business to fail to file a report required 
under section 5331 of title 31 or any regulation pre-
scribed under such section; 
‘‘(2) cause or attempt to cause a nonfinancial 
trade or business to file a report required under sec-
tion 5331 of title 31 or any regulation prescribed 
under such section that contains a material omission 
or misstatement of fact; or 
‘‘(3) structure or assist in structuring, or at-
tempt to structure or assist in structuring, any 
transaction with 1 or more nonfinancial trades or 
businesses. 
‘‘(c) 
INTERNATIONAL
MONETARY
INSTRUMENT 
TRANSACTIONS.—No person shall, for the purpose of 
evading the reporting requirements of section 5316 of title 
31— 
‘‘(1) fail to file a report required by section 
5316 of title 31, or cause or attempt to cause a per-
son to fail to file such a report; 
‘‘(2) file or cause or attempt to cause a person 
to file a report required under section 5316 of title 
that 
contains 
a 
material 
omission 
or 
misstatement of fact; or 
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‘‘(3) structure or assist in structuring, or at-
tempt to structure or assist in structuring, any im-
portation or exportation of monetary instruments. 
‘‘(d) CRIMINAL PENALTY.— 
‘‘(1) IN GENERAL.—Whoever violates this sec-
tion shall be imprisoned for not more than 5 years. 
‘‘(2) ENHANCED
PENALTY
FOR
AGGRAVATED 
CASES.—Whoever violates this section while violating 
another law of the United States or as part of a pat-
tern of any illegal activity involving more than 
$100,000 in a 12-month period shall be imprisoned 
for not more than 10 years. 
‘‘§ 1454. Bulk cash smuggling into or out of the 
United States 
‘‘(a) CRIMINAL OFFENSE.— 
‘‘(1) IN GENERAL.—Whoever, with the intent to 
evade a currency reporting requirement under sec-
tion 5316 of title 31, knowingly conceals more than 
$10,000 in currency or other monetary instruments 
on the person of such individual or in any convey-
ance, article of luggage, merchandise, or other con-
tainer, and transports or transfers or attempts to 
transport or transfer such currency or monetary in-
struments from a place within the United States to 
a place outside of the United States, or from a place 
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outside the United States to a place within the 
United States, shall be guilty of a currency smug-
gling offense and imprisoned for not more than 5 
years. 
‘‘(2) CONCEALMENT
ON
PERSON.—For pur-
poses of this section, the concealment of currency on 
the person of any individual includes concealment in 
any article of clothing worn by the individual or in 
any luggage, backpack, or other container worn or 
carried by such individual. 
‘‘CHAPTER 37—PRIVACY 
‘‘Subchapter 
‘‘A. Privacy 
‘‘B. Wire and electronic communications interception and interception of oral 
communications 
‘‘C. Stored wire and electronic communications and transactional records access 
‘‘D. Prohibition on release and use of certain personal information from State 
motor vehicle records 
‘‘E. Identity theft 
‘‘SUBCHAPTER A—PRIVACY 
‘‘Sec. 
‘‘1481. Video voyeurism. 
‘‘§ 1481. Video voyeurism 
‘‘(a) OFFENSE.—Whoever, in the special maritime 
and territorial jurisdiction of the United States, has the 
intent to capture an image of a private area of an indi-
vidual without their consent, and knowingly does so under 
circumstances in which the individual has a reasonable ex-
pectation of privacy, shall be imprisoned not more than 
one year. 
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‘‘(b) DEFINITIONS FOR SECTION.—As used in this 
section— 
‘‘(1) the term ‘capture’, with respect to an 
image, means to videotape, photograph, film, record 
by any means, or broadcast; 
‘‘(2) the term ‘broadcast’ means to electroni-
cally transmit a visual image with the intent that it 
be viewed by a person or persons; 
‘‘(3) the term ‘a private area of the individual’ 
means the naked or undergarment clad genitals, 
pubic area, buttocks, or female breast of that indi-
vidual; 
‘‘(4) the term ‘female breast’ means any portion 
of the female breast below the top of the areola; and 
‘‘(5) the term ‘under circumstances in which 
that individual has a reasonable expectation of pri-
vacy’ means— 
‘‘(A) circumstances in which a reasonable 
person would believe that he or she could dis-
robe in privacy, without being concerned that 
an image of a private area of the individual was 
being captured; or 
‘‘(B) circumstances in which a reasonable 
person would believe that a private area of the 
individual would not be visible to the public, re-
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gardless of whether that person is in a public 
or private place. 
‘‘(c) EXCLUSION.—This section does not prohibit any 
lawful law enforcement, correctional, or intelligence activ-
ity. 
‘‘SUBCHAPTER 
B—WIRE 
AND 
ELECTRONIC 
COMMUNICATIONS 
INTERCEPTION 
AND 
INTERCEPTION OF ORAL COMMUNICATIONS 
‘‘Sec. 
‘‘1491. Definitions. 
‘‘1492. Interception and disclosure of wire, oral, or electronic communications 
prohibited. 
‘‘1493. Manufacture, distribution, possession, and advertising of wire, oral, or 
electronic communication intercepting devices prohibited. 
‘‘1494. Confiscation of wire, oral, or electronic communication intercepting de-
vices. 
‘‘§ 1491. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘wire communication’ means any 
aural transfer made in whole or in part through the 
use of facilities for the transmission of communica-
tions by the aid of wire, cable, or other like connec-
tion between the point of origin and the point of re-
ception (including the use of such connection in a 
switching station) furnished or operated by any per-
son engaged in providing or operating such facilities 
for the transmission of interstate or foreign commu-
nications or communications affecting interstate or 
foreign commerce; 
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‘‘(2) the term ‘oral communication’ means any 
oral communication uttered by a person exhibiting 
an expectation that such communication is not sub-
ject to interception under circumstances justifying 
such expectation, but such term does not include any 
electronic communication; 
‘‘(3) the term ‘intercept’ means the aural or 
other acquisition of the contents of any wire, elec-
tronic, or oral communication through the use of 
any electronic, mechanical, or other device; 
‘‘(4) the term ‘electronic, mechanical, or other 
device’ means any device or apparatus which can be 
used to intercept a wire, oral, or electronic commu-
nication other than— 
‘‘(A) any telephone or telegraph instru-
ment, equipment or facility, or any component 
thereof, (i) furnished to the subscriber or user 
by a provider of wire or electronic communica-
tion service in the ordinary course of its busi-
ness and being used by the subscriber or user 
in the ordinary course of its business or fur-
nished by such subscriber or user for connection 
to the facilities of such service and used in the 
ordinary course of its business; or (ii) being 
used by a provider of wire or electronic commu-
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nication service in the ordinary course of its 
business, or by an investigative or law enforce-
ment officer in the ordinary course of his du-
ties; 
‘‘(B) a hearing aid or similar device being 
used to correct subnormal hearing to not better 
than normal; 
‘‘(5) the term ‘Investigative or law enforcement 
officer’ means any officer of the United States or of 
a State or political subdivision thereof, who is em-
powered by law to conduct investigations of or to 
make arrests for offenses enumerated in this chap-
ter, and any attorney authorized by law to prosecute 
or participate in the prosecution of such offenses; 
‘‘(6) the term ‘contents’, when used with re-
spect to any wire, oral, or electronic communication, 
includes any information concerning the substance, 
purport, or meaning of that communication; 
‘‘(7) the term ‘Judge of competent jurisdiction’ 
means— 
‘‘(A) a judge of a United States district 
court or a United States court of appeals; and 
‘‘(B) a judge of any court of general crimi-
nal jurisdiction of a State who is authorized by 
a statute of that State to enter orders author-
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izing interceptions of wire, oral, or electronic 
communications; 
‘‘(8) the term ‘communication common carrier’ 
has the meaning given that term in section 3 of the 
Communications Act of 1934; 
‘‘(9) the term ‘aggrieved person’ means a per-
son who was a party to any intercepted wire, oral, 
or electronic communication or a person against 
whom the interception was directed; 
‘‘(10) the term ‘electronic communication’ 
means any transfer of signs, signals, writing, im-
ages, sounds, data, or intelligence of any nature 
transmitted in whole or in part by a wire, radio, 
electromagnetic, photoelectronic or photooptical sys-
tem that affects interstate or foreign commerce, but 
does not include— 
‘‘(A) any wire or oral communication; 
‘‘(B) any communication made through a 
tone-only paging device; 
‘‘(C) any communication from a tracking 
device (as defined in section 3117); or 
‘‘(D) electronic funds transfer information 
stored by a financial institution in a commu-
nications system used for the electronic storage 
and transfer of funds; 
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‘‘(11) the term ‘user’ means any person or enti-
ty who— 
‘‘(A) uses an electronic communication 
service; and 
‘‘(B) is duly authorized by the provider of 
such service to engage in such use; 
‘‘(12) the term ‘electronic communications sys-
tem’ means any wire, radio, electromagnetic, 
photooptical or photoelectronic facilities for the 
transmission of wire or electronic communications, 
and any computer facilities or related electronic 
equipment for the electronic storage of such commu-
nications; 
‘‘(13) the term ‘electronic communication serv-
ice’ means any service which provides to users there-
of the ability to send or receive wire or electronic 
communications; 
‘‘(14) the term ‘readily accessible to the general 
public’ means, with respect to a radio communica-
tion, that such communication is not— 
‘‘(A) scrambled or encrypted; 
‘‘(B) transmitted using modulation tech-
niques whose essential parameters have been 
withheld from the public with the intention of 
preserving the privacy of such communication; 
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‘‘(C) carried on a subcarrier or other sig-
nal subsidiary to a radio transmission; 
‘‘(D) transmitted over a communication 
system provided by a common carrier, unless 
the communication is a tone only paging system 
communication; or 
‘‘(E) transmitted on frequencies allocated 
under part 25, subpart D, E, or F of part 74, 
or part 94 of the Rules of the Federal Commu-
nications Commission, unless, in the case of a 
communication transmitted on a frequency allo-
cated under part 74 that is not exclusively allo-
cated to broadcast auxiliary services, the com-
munication is a two-way voice communication 
by radio; 
‘‘(15) the term ‘electronic storage’ means— 
‘‘(A) any temporary, intermediate storage 
of a wire or electronic communication incidental 
to the electronic transmission thereof; and 
‘‘(B) any storage of such communication 
by an electronic communication service for pur-
poses of backup protection of such communica-
tion; 
‘‘(16) the term ‘aural transfer’ means a trans-
fer containing the human voice at any point between 
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‘‘(ii) the conduct of the foreign affairs 
of the United States; 
‘‘(18) the term ‘protected computer’ has the 
meaning set forth in section 787; and 
‘‘(19) the term ‘computer trespasser’— 
‘‘(A) means a person who accesses a pro-
tected computer without authorization and thus 
has no reasonable expectation of privacy in any 
communication transmitted to, through, or from 
the protected computer; and 
‘‘(B) does not include a person known by 
the owner or operator of the protected computer 
to have an existing contractual relationship with 
the owner or operator of the protected computer 
for access to all or part of the protected com-
puter. 
‘‘§ 1492. Interception and disclosure of wire, oral, or 
electronic communications prohibited 
‘‘(a) OFFENSE.—Except as otherwise specifically pro-
vided in this subchapter whoever— 
‘‘(1) intentionally intercepts, endeavors to inter-
cept, or procures any other person to intercept or 
endeavor to intercept, any wire, oral, or electronic 
communication; 
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‘‘(2) intentionally uses, endeavors to use, or 
procures any other person to use or endeavor to use 
any electronic, mechanical, or other device to inter-
cept any oral communication when— 
‘‘(A) such device is affixed to, or otherwise 
transmits a signal through, a wire, cable, or 
other like connection used in wire communica-
tion; 
‘‘(B) such device transmits communica-
tions by radio, or interferes with the trans-
mission of such communication; 
‘‘(C) such person knows, or has reason to 
know, that such device or any component there-
of has been sent through the mail or trans-
ported in interstate or foreign commerce; 
‘‘(D) such use or endeavor to use (i) takes 
place on the premises of any business or other 
commercial establishment the operations of 
which affect interstate or foreign commerce; or 
(ii) obtains or is for the purpose of obtaining 
information relating to the operations of any 
business or other commercial establishment the 
operations of which affect interstate or foreign 
commerce; or 
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‘‘(E) such person acts in the District of 
Columbia, the Commonwealth of Puerto Rico, 
or any territory or possession of the United 
States; 
‘‘(3) intentionally discloses, or endeavors to dis-
close, to any other person the contents of any wire, 
oral, or electronic communication, knowing or having 
reason to know that the information was obtained 
through the interception of a wire, oral, or electronic 
communication in violation of this subsection; 
‘‘(4) intentionally uses, or endeavors to use, the 
contents of any wire, oral, or electronic communica-
tion, knowing or having reason to know that the in-
formation was obtained through the interception of 
a wire, oral, or electronic communication in violation 
of this subsection; or 
‘‘(5) intentionally discloses, or endeavors to dis-
close, to any other person the contents of any wire, 
oral, or electronic communication, intercepted by 
means 
authorized 
by 
sections 
1492(b)(1)(B), 
1492(b)(2)–(3), 1492(b)(5), 3119A, and 3119C; 
‘‘(A) knowing or having reason to know that 
the information was obtained through the intercep-
tion of such a communication in connection with a 
criminal investigation; 
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‘‘(B) having obtained or received the informa-
tion in connection with a criminal investigation; and 
‘‘(C) with intent to improperly obstruct, im-
pede, or interfere with a duly authorized criminal in-
vestigation, 
shall be punished as provided in subsection (d) or shall 
be subject to suit as provided in subsection (e). 
‘‘(b) EXCLUSIONS.—(1)(A) It shall not be unlawful 
under this subchapter for an operator of a switchboard, 
or an officer, employee, or agent of a provider of wire or 
electronic communication service, whose facilities are used 
in the transmission of a wire or electronic communication, 
to intercept, disclose, or use that communication in the 
normal course of his employment while engaged in any ac-
tivity which is a necessary incident to the rendition of his 
service or to the protection of the rights or property of 
the provider of that service, except that a provider of wire 
communication service to the public shall not utilize serv-
ice observing or random monitoring except for mechanical 
or service quality control checks. 
‘‘(B) Notwithstanding any other law, providers of 
wire or electronic communication service, their officers, 
employees, and agents, landlords, custodians, or other per-
sons, are authorized to provide information, facilities, or 
technical assistance to persons authorized by law to inter-
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cept wire, oral, or electronic communications or to conduct 
electronic surveillance, as defined in section 101 of the 
Foreign Intelligence Surveillance Act of 1978, if such pro-
vider, its officers, employees, or agents, landlord, custo-
dian, or other specified person, has been provided with— 
‘‘(i) a court order directing such assistance or 
a court order pursuant to section 704 of the Foreign 
Intelligence Surveillance Act of 1978 signed by the 
authorizing judge, or 
‘‘(ii) a certification in writing by a person speci-
fied in section 3119C(g) or the Attorney General of 
the United States that no warrant or court order is 
required by law, that all statutory requirements have 
been met, and that the specified assistance is re-
quired, 
setting forth the period of time during which the provision 
of the information, facilities, or technical assistance is au-
thorized and specifying the information, facilities, or tech-
nical assistance required. No provider of wire or electronic 
communication service, officer, employee, or agent thereof, 
or landlord, custodian, or other specified person shall dis-
close the existence of any interception or surveillance or 
the device used to accomplish the interception or surveil-
lance with respect to which the person has been furnished 
a court order or certification under this subchapter, except 
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1038 
as may otherwise be required by legal process and then 
only after prior notification to the Attorney General or to 
the principal prosecuting attorney of a State or any polit-
ical subdivision of a State, as may be appropriate. Any 
such disclosure, shall render such person liable for the civil 
damages provided for in section 3119E. No cause of action 
shall lie in any court against any provider of wire or elec-
tronic communication service, its officers, employees, or 
agents, landlord, custodian, or other specified person for 
providing information, facilities, or assistance in accord-
ance with the terms of a court order, statutory authoriza-
tion, or certification under this subchapter. 
‘‘(C) If a certification under subparagraph (B)(ii) for 
assistance to obtain foreign intelligence information is 
based on statutory authority, the certification shall iden-
tify the specific statutory provision and shall certify that 
the statutory requirements have been met. 
‘‘(2) It shall not be unlawful under this subchapter 
for an officer, employee, or agent of the Federal Commu-
nications Commission, in the normal course of his employ-
ment and in discharge of the monitoring responsibilities 
exercised by the Commission in the enforcement of chapter 
5 of title 47 of the United States Code, to intercept a 
wire or electronic communication, or oral communication 
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transmitted by radio, or to disclose or use the information 
thereby obtained. 
‘‘(3) It shall not be unlawful under this subchapter 
for a person acting under color of law to intercept a wire, 
oral, or electronic communication, where such person is 
a party to the communication or one of the parties to the 
communication has given prior consent to such intercep-
tion. 
‘‘(4) It shall not be unlawful under this subchapter 
for a person not acting under color of law to intercept 
a wire, oral, or electronic communication where such per-
son is a party to the communication or where one of the 
parties to the communication has given prior consent to 
such interception unless such communication is inter-
cepted for the purpose of committing any criminal or 
tortious act in violation of the Constitution or laws of the 
United States or of any State. 
‘‘(5) Notwithstanding any other provision of this title 
or section 705 or 706 of the Communications Act of 1934, 
it shall not be unlawful for an officer, employee, or agent 
of the United States in the normal course of his official 
duty to conduct electronic surveillance, as defined in sec-
tion 101 of the Foreign Intelligence Surveillance Act of 
1978, as authorized by that Act. 
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‘‘(6) Nothing in this subchapter, subchapter C or 
chapter 205B of this title, or section 705 of the Commu-
nications Act of 1934, affects the acquisition by the 
United States Government of foreign intelligence informa-
tion from international or foreign communications, or for-
eign intelligence activities conducted in accordance with 
otherwise applicable Federal law involving a foreign elec-
tronic communications system, utilizing a means other 
than electronic surveillance as defined in section 101 of 
the Foreign Intelligence Surveillance Act of 1978. The 
procedures in this subchapter, subchapter C or chapter 
205B of this title, or section 705 of the Communications 
Act of 1934, and the Foreign Intelligence Surveillance Act 
of 1978 shall be the exclusive means by which electronic 
surveillance, as defined in section 101 of such Act, and 
the interception of domestic wire, oral, and electronic com-
munications may be conducted. 
‘‘(7) It shall not be unlawful under this subchapter 
or subchapter C for any person— 
‘‘(A) to intercept or access an electronic com-
munication made through an electronic communica-
tion system that is configured so that such electronic 
communication is readily accessible to the general 
public; 
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‘‘(B) to intercept any radio communication 
which is transmitted— 
‘‘(i) by any station for the use of the gen-
eral public, or that relates to ships, aircraft, ve-
hicles, or persons in distress; 
‘‘(ii) by any governmental, law enforce-
ment, civil defense, private land mobile, or pub-
lic safety communications system, including po-
lice and fire, readily accessible to the general 
public; 
‘‘(iii) by a station operating on an author-
ized frequency within the bands allocated to the 
amateur, citizens band, or general mobile radio 
services; or 
‘‘(iv) by any marine or aeronautical com-
munications system; 
‘‘(C) to engage in any conduct which— 
‘‘(i) is prohibited by section 633 of the 
Communications Act of 1934; or 
‘‘(ii) is excepted from the application of 
section 705(a) of the Communications Act of 
1934 by section 705(b) of that Act; 
‘‘(D) to intercept any wire or electronic commu-
nication the transmission of which is causing harm-
ful interference to any lawfully operating station or 
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consumer electronic equipment, to the extent nec-
essary to identify the source of such interference; or 
‘‘(E) for other users of the same frequency to 
intercept any radio communication made through a 
system that utilizes frequencies monitored by indi-
viduals engaged in the provision or the use of such 
system, if such communication is not scrambled or 
encrypted. 
‘‘(8) It shall not be unlawful under this subchapter— 
‘‘(A) to use a pen register or a trap and trace 
device (as those terms are defined for the purposes 
of chapter 206 (relating to pen registers and trap 
and trace devices)); or 
‘‘(B) for a provider of electronic communication 
service to record the fact that a wire or electronic 
communication was initiated or completed in order 
to protect such provider, another provider furnishing 
service toward the completion of the wire or elec-
tronic communication, or a user of that service, from 
fraudulent, unlawful or abusive use of such service. 
‘‘(9) It shall not be unlawful under this subchapter 
for a person acting under color of law to intercept the wire 
or electronic communications of a computer trespasser 
transmitted to, through, or from the protected computer, 
if— 
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‘‘(A) the owner or operator of the protected 
computer authorizes the interception of the com-
puter trespasser’s communications on the protected 
computer; 
‘‘(B) the person acting under color of law is 
lawfully engaged in an investigation; 
‘‘(C) the person acting under color of law has 
reasonable grounds to believe that the contents of 
the computer trespasser’s communications will be 
relevant to the investigation; and 
‘‘(D) such interception does not acquire com-
munications other than those transmitted to or from 
the computer trespasser. 
‘‘(c) CONTENTS IN TRANSMISSION.—(1) Except as 
provided in paragraph (2) of this subsection, a person or 
entity providing an electronic communication service to 
the public shall not intentionally divulge the contents of 
any communication (other than one to such person or enti-
ty, or an agent thereof) while in transmission on that serv-
ice to any person or entity other than an addressee or in-
tended recipient of such communication or an agent of 
such addressee or intended recipient. 
‘‘(2) A person or entity providing electronic commu-
nication service to the public may divulge the contents of 
any such communication— 
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‘‘(A) 
as 
otherwise 
authorized 
in 
section 
1492(b)(1) or 3119B; 
‘‘(B) with the lawful consent of the originator 
or any addressee or intended recipient of such com-
munication; 
‘‘(C) to a person employed or authorized, or 
whose facilities are used, to forward such commu-
nication to its destination; or 
‘‘(D) which were inadvertently obtained by the 
service provider and which appear to pertain to the 
commission of a crime, if such divulgence is made to 
a law enforcement agency. 
‘‘(d) PUNISHMENT.—(1) Except as provided in para-
graph (2) of this subsection or in subsection (e), whoever 
violates subsection (a) of this section shall be imprisoned 
not more than five years. 
‘‘(2) Conduct otherwise an offense under this sub-
section that consists of or relates to the interception of 
a satellite transmission that is not encrypted or scrambled 
and that is transmitted— 
‘‘(A) to a broadcasting station for purposes of 
retransmission to the general public; or 
‘‘(B) as an audio subcarrier intended for redis-
tribution to facilities open to the public, but not in-
cluding data transmissions or telephone calls, 
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is not an offense under this subsection unless the conduct 
is for the purposes of direct or indirect commercial advan-
tage or private financial gain. 
‘‘(e) CERTAIN
COMMUNICATIONS.—(1)(A) If the 
communication is— 
‘‘(i) a private satellite video communication 
that is not scrambled or encrypted and the con-
duct in violation of this subchapter is the pri-
vate viewing of that communication and is not 
for a tortious or illegal purpose or for purposes 
of direct or indirect commercial advantage or 
private commercial gain; or 
‘‘(ii) a radio communication that is trans-
mitted on frequencies allocated under subpart 
D of part 74 of the rules of the Federal Com-
munications Commission that is not scrambled 
or encrypted and the conduct in violation of this 
subchapter is not for a tortious or illegal pur-
pose or for purposes of direct or indirect com-
mercial advantage or private commercial gain, 
then the person who engages in such conduct 
shall be subject to suit by the Federal Govern-
ment in a court of competent jurisdiction. 
‘‘(B) In an action under this subsection— 
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‘‘(i) if the violation of this subchapter 
is a first offense for the person under 
paragraph (1) of subsection (d) and such 
person has not been found liable in a civil 
action under section 3119E, the Federal 
Government shall be entitled to appro-
priate injunctive relief; and 
‘‘(i) if the violation of this subchapter 
is a second or subsequent offense under 
paragraph (1) of subsection (d) or such 
person has been found liable in any prior 
civil action under section 3119E, the per-
son shall be subject to a mandatory $500 
civil fine. 
‘‘(2) The court may use any means within its 
authority to enforce an injunction issued under 
paragraph (1)(B)(i), and shall impose a civil fine of 
not less than $500 for each violation of such an in-
junction. 
‘‘§ 1493. Manufacture, distribution, possession, and 
advertising of wire, oral, or electronic 
communication intercepting devices pro-
hibited 
‘‘(a) OFFENSE.—Except as otherwise specifically pro-
vided in this subchapter, whoever intentionally— 
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‘‘(1) sends through the mail, or sends or carries 
in interstate or foreign commerce, any electronic, 
mechanical, or other device, knowing or having rea-
son to know that the design of such device renders 
it primarily useful for the purpose of the surrep-
titious interception of wire, oral, or electronic com-
munications; 
‘‘(2) manufactures, assembles, possesses, or 
sells any electronic, mechanical, or other device, 
knowing or having reason to know that the design 
of such device renders it primarily useful for the 
purpose of the surreptitious interception of wire, 
oral, or electronic communications, and that such 
device or any component thereof has been or will be 
sent through the mail or transported in interstate or 
foreign commerce; or 
‘‘(3) places in any newspaper, magazine, hand-
bill, or other publication or disseminates by elec-
tronic means any advertisement of— 
‘‘(A) any electronic, mechanical, or other 
device knowing or having reason to know that 
the design of such device renders it primarily 
useful for the purpose of the surreptitious inter-
ception of wire, oral, or electronic communica-
tions; or 
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‘‘(B) any other electronic, mechanical, or 
other device, where such advertisement pro-
motes the use of such device for the purpose of 
the surreptitious interception of wire, oral, or 
electronic communications, 
knowing the content of the advertisement and know-
ing or having reason to know that such advertise-
ment will be sent through the mail or transported in 
interstate or foreign commerce, 
shall be imprisoned for not more than five years. 
‘‘(b) EXCLUSION.—It shall not be unlawful under this 
section for— 
‘‘(1) a provider of wire or electronic commu-
nication service or an officer, agent, or employee of, 
or a person under contract with, such a provider, in 
the normal course of the business of providing that 
wire or electronic communication service, or 
‘‘(2) an officer, agent, or employee of, or a per-
son under contract with, the United States, a State, 
or a political subdivision thereof, in the normal 
course of the activities of the United States, a State, 
or a political subdivision thereof, 
to send through the mail, send or carry in interstate or 
foreign commerce, or manufacture, assemble, possess, or 
sell any electronic, mechanical, or other device knowing 
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or having reason to know that the design of such device 
renders it primarily useful for the purpose of the surrep-
titious interception of wire, oral, or electronic communica-
tions. 
‘‘(c) ADDITIONAL EXCLUSION.—It shall not be un-
lawful under this section to advertise for sale a device de-
scribed in subsection (a) of this section if the advertise-
ment is mailed, sent, or carried in interstate or foreign 
commerce solely to a domestic provider of wire or elec-
tronic communication service or to an agency of the 
United States, a State, or a political subdivision thereof 
which is duly authorized to use such device. 
‘‘§ 1494. Confiscation of wire, oral, or electronic com-
munication intercepting devices 
‘‘Any electronic, mechanical, or other device used, 
sent, carried, manufactured, assembled, possessed, sold, or 
advertised in violation of section 1492 or section 1493 
may be seized and forfeited to the United States. All provi-
sions of law relating to (1) the seizure, summary and judi-
cial forfeiture, and condemnation of vessels, vehicles, mer-
chandise, and baggage for violations of the customs laws 
contained in title 19 of the United States Code, (2) the 
disposition of such vessels, vehicles, merchandise, and bag-
gage or the proceeds from the sale thereof, (3) the remis-
sion or mitigation of such forfeiture, (4) the compromise 
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of claims, and (5) the award of compensation to informers 
in respect of such forfeitures, apply to seizures and forfeit-
ures incurred, or alleged to have been incurred, under this 
section, insofar as applicable and not inconsistent with 
this section; except that such duties as are imposed upon 
the collector of customs or any other person with respect 
to the seizure and forfeiture of vessels, vehicles, merchan-
dise, and baggage under the customs laws contained in 
title 19 of the United States Code shall be performed with 
respect to seizure and forfeiture of electronic, mechanical, 
or other intercepting devices under this section by such 
officers, agents, or other persons as may be authorized or 
designated for that purpose by the Attorney General. 
‘‘SUBCHAPTER C—STORED WIRE AND ELEC-
TRONIC COMMUNICATIONS AND TRANS-
ACTIONAL RECORDS ACCESS 
‘‘Sec. 
‘‘1521. Unlawful access to stored communications. 
‘‘§ 1521. Unlawful access to stored communications 
‘‘(a) OFFENSE.—Except as provided in subsection (c) 
of this section whoever— 
‘‘(1) intentionally accesses without authoriza-
tion a facility through which an electronic commu-
nication service is provided; or 
‘‘(2) intentionally exceeds an authorization to 
access that facility; 
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and thereby obtains, alters, or prevents authorized access 
to a wire or electronic communication while it is in elec-
tronic storage in such system shall be punished as pro-
vided in subsection (b) of this section. 
‘‘(b) PUNISHMENT.—The punishment for an offense 
under subsection (a) of this section is— 
‘‘(1) if the offense is committed for purposes of 
commercial advantage, malicious destruction or dam-
age, or private commercial gain, or in furtherance of 
any criminal or tortious act in violation of the Con-
stitution or laws of the United States or any State— 
‘‘(A) a fine under this title or imprison-
ment for not more than 5 years, or both, in the 
case of a first offense under this subparagraph; 
and 
‘‘(B) a fine under this title or imprison-
ment for not more than 10 years, or both, for 
any subsequent offense under this subpara-
graph; and 
‘‘(2) in any other case— 
‘‘(A) a fine under this title or imprison-
ment for not more than 1 year or both, in the 
case of a first offense under this paragraph; 
and 
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‘‘(B) a fine under this title or imprison-
ment for not more than 5 years, or both, in the 
case of an offense under this subparagraph that 
occurs after a conviction of another offense 
under this section. 
‘‘(c) EXCEPTIONS.—Subsection (a) of this section 
does not apply with respect to conduct authorized— 
‘‘(1) by the person or entity providing a wire or 
electronic communications service; 
‘‘(2) by a user of that service with respect to 
a communication of or intended for that user; or 
‘‘(3) in section 3120A, 3120B, or 3119C. 
‘‘§ 1522. Definitions 
‘‘A term that is defined by chapter 205B has the 
same meaning when used in this subchapter. 
‘‘SUBCHAPTER D—PROHIBITION ON RELEASE 
AND USE OF CERTAIN PERSONAL INFOR-
MATION FROM STATE MOTOR VEHICLE 
RECORDS 
‘‘Sec. 
‘‘1541. Prohibition on release and use of certain personal information from 
State motor vehicle records. 
‘‘1542. Additional unlawful Acts. 
‘‘1543. Penalties. 
‘‘1544. Civil action. 
‘‘1545. Definitions. 
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‘‘§ 1541. Prohibition on release and use of certain per-
sonal information from State motor vehi-
cle records 
‘‘(a) IN GENERAL.—A State department of motor ve-
hicles, and any officer, employee, or contractor thereof, 
shall not knowingly disclose or otherwise make available 
to any person or entity— 
‘‘(1) personal information about any individual 
obtained by the department in connection with a 
motor vehicle record, except as provided in sub-
section (b) of this section; or 
‘‘(2) highly restricted personal information 
about any individual obtained by the department in 
connection with a motor vehicle record, without the 
express consent of the person to whom such infor-
mation applies, except uses permitted in subsections 
(b)(1), (b)(4), (b)(6), and (b)(9), but this paragraph 
does not in any way affect the use of organ donation 
information on an individual’s driver’s license or af-
fect the administration of organ donation initiatives 
in the States. 
‘‘(b) PERMISSIBLE USES.—Personal information re-
ferred to in subsection (a) shall be disclosed for use in 
connection with matters of motor vehicle or driver safety 
and theft, motor vehicle emissions, motor vehicle product 
alterations, recalls, or advisories, performance monitoring 
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of motor vehicles and dealers by motor vehicle manufac-
turers, and removal of non-owner records from the original 
owner records of motor vehicle manufacturers to carry out 
the purposes of titles I and IV of the Anti Car Theft Act 
of 1992, the Automobile Information Disclosure Act, the 
Clean Air Act, and chapters 301, 305, and 321–331 of 
title 49, and, subject to subsection (a)(2), may be disclosed 
as follows: 
‘‘(1) For use by any government agency, includ-
ing any court or law enforcement agency, in carrying 
out its functions, or any private person or entity act-
ing on behalf of a Federal, State, or local agency in 
carrying out its functions. 
‘‘(2) For use in connection with matters of 
motor vehicle or driver safety and theft; motor vehi-
cle emissions; motor vehicle product alterations, re-
calls, or advisories; performance monitoring of motor 
vehicles, motor vehicle parts and dealers; motor vehi-
cle market research activities, including survey re-
search; and removal of non-owner records from the 
original owner records of motor vehicle manufactur-
ers. 
‘‘(3) For use in the normal course of business 
by a legitimate business or its agents, employees, or 
contractors, but only— 
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‘‘(A) to verify the accuracy of personal in-
formation submitted by the individual to the 
business or its agents, employees, or contrac-
tors; and 
‘‘(B) if such information as so submitted is 
not correct or is no longer correct, to obtain the 
correct information, but only for the purposes 
of preventing fraud by, pursuing legal remedies 
against, or recovering on a debt or security in-
terest against, the individual. 
‘‘(4) For use in connection with any civil, crimi-
nal, administrative, or arbitral proceeding in any 
Federal, State, or local court or agency or before 
any self-regulatory body, including the service of 
process, investigation in anticipation of litigation, 
and the execution or enforcement of judgments and 
orders, or pursuant to an order of a Federal, State, 
or local court. 
‘‘(5) For use in research activities, and for use 
in producing statistical reports, so long as the per-
sonal information is not published, redisclosed, or 
used to contact individuals. 
‘‘(6) For use by any insurer or insurance sup-
port organization, or by a self-insured entity, or its 
agents, employees, or contractors, in connection with 
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