484 
‘‘§ 1091. Citizen of the United States 
‘‘Whoever falsely represents oneself to be a citizen of the 
United States shall be imprisoned not more than three years. 
‘‘§ 1092. Officer or employee of the United States 
‘‘Whoever falsely assumes or pretends to be an officer or em-
ployee acting under the authority of the United States or any 
department, agency or officer thereof, and acts as such, or in 
such pretended character demands or obtains any money, 
paper, document, or thing of value, shall be imprisoned not 
more than three years. 
‘‘§ 1093. Impersonator making arrest or search 
‘‘Whoever falsely represents oneself to be an officer, agent, 
or employee of the United States, and in such assumed char-
acter arrests or detains any person or in any manner searches 
the person, buildings, or other property of any person, shall be 
imprisoned not more than three years. 
‘‘SUBCHAPTER H—FUGITIVES FROM JUSTICE 
‘‘Sec. 
‘‘1101.
Concealing person from arrest. 
‘‘1102.
Concealing escaped prisoner. 
‘‘1103.
Flight to avoid prosecution or giving testimony. 
‘‘1104.
Flight to avoid prosecution for damaging or destroying any build-
ing or other real or personal property. 
‘‘§ 1101. Concealing person from arrest 
‘‘Whoever harbors or conceals any person for whose arrest 
a warrant or process has been issued under the provisions of 
any law of the United States, so as to prevent his discovery and 
arrest, after notice or knowledge of the fact that a warrant or 
process has been issued for the apprehension of such person, 
shall be imprisoned not more than one year; except that if the 
warrant or process issued on a charge of felony, or after convic-
tion of such person of any offense, the punishment shall be a 
fine under this title, or imprisonment for not more than five 
years, or both. 
‘‘§ 1102. Concealing escaped prisoner 
‘‘Whoever harbors or conceals any prisoner after that pris-
oner’s escape from the custody of the Attorney General or from 
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485 
a Federal penal or correctional institution, shall be imprisoned 
not more than three years. 
‘‘§ 1103. Flight to avoid prosecution or giving tes-
timony 
‘‘(a) OFFENSE.—Whoever moves or travels in interstate or 
foreign commerce with intent— 
‘‘(1) to avoid prosecution, or custody or confinement 
after conviction, under the laws of the place from which he 
flees, for a crime, or an attempt to commit a crime, punish-
able by death or which is a felony under the laws of the 
place from which the fugitive flees; 
‘‘(2) to avoid giving testimony in any criminal pro-
ceedings in such place in which the commission of an of-
fense punishable by death or which is a felony under the 
laws of such place, is charged; or 
‘‘(3) to avoid service of, or contempt proceedings for al-
leged disobedience of, lawful process requiring attendance 
and the giving of testimony or the production of documen-
tary evidence before an agency of a State empowered by 
the law of such State to conduct investigations of alleged 
criminal activities; 
shall be imprisoned not more than five years. 
‘‘(b) SPECIAL VENUE
AND APPROVAL REQUIRED.—Viola-
tions of this section may be prosecuted only in the Federal ju-
dicial district in which the original crime was alleged to have 
been committed, or in which the person was held in custody or 
confinement, or in which an avoidance of service of process or 
a contempt referred to in subsection (a)(3) is alleged to have 
been committed, and only upon formal approval in writing by 
the Attorney General, the Deputy Attorney General, the Asso-
ciate Attorney General, or an Assistant Attorney General of the 
United States, which function of approving prosecutions may 
not be delegated. 
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486 
‘‘§ 1104. Flight to avoid prosecution for damaging 
or destroying any building or other real 
or personal property 
‘‘(a) OFFENSE.—Whoever moves or travels in interstate or 
foreign commerce with intent— 
‘‘(1) to avoid prosecution, or custody, or confinement 
after conviction, under the laws of the place from which he 
flees, for attempting to or damaging or destroying by fire 
or explosive any building, structure, facility, vehicle, dwell-
ing house, synagogue, church, religious center or edu-
cational institution, public or private; or 
‘‘(2) to avoid giving testimony in any criminal proceeding 
relating to any such offense; 
shall be imprisoned not more than five years. 
‘‘(b) VENUE.—Violations of this section may be prosecuted 
in the Federal judicial district in which the original crime was 
alleged to have been committed or in which the person was held 
in custody or confinement. 
‘‘(c) RULE OF CONSTRUCTION.—This section shall not be 
construed as indicating an intent on the part of Congress to 
prevent the exercise by a State of any jurisdiction over any of-
fense over which that State would have jurisdiction in the ab-
sence of such section. 
‘‘SUBCHAPTER I—OBSTRUCTION OF JUSTICE 
‘‘Sec. 
‘‘1131.
Assault on process server. 
‘‘1132.
Influencing or injuring officer or juror generally. 
‘‘1133.
Obstruction of proceedings before departments, agencies, and com-
mittees. 
‘‘1134.
Obstruction of court orders. 
‘‘1135.
Obstruction of criminal investigations. 
‘‘1136.
Obstruction of State or local law enforcement with regard to illegal 
gambling business. 
‘‘1137.
Tampering with a witness, victim, or an informant. 
‘‘1138.
Retaliating against a witness, victim, or an informant. 
‘‘1139.
Civil action to restrain harassment of a victim or witness. 
‘‘1140.
Civil action to protect against retaliation in fraud cases. 
‘‘1141.
Definitions for certain provisions; general provision. 
‘‘1142.
Destruction of corporate audit records. 
‘‘§ 1131. Assault on process server 
‘‘Whoever— 
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487 
‘‘(1) knowingly obstructs, resists, or opposes any officer 
of the United States, or other person duly authorized, in 
serving, or attempting to serve or execute, any legal or ju-
dicial writ or process of any court of the United States, or 
United States magistrate judge; or 
‘‘(2) assaults, beats, or wounds any officer or other per-
son duly authorized, knowing him to be such officer, or 
other person so duly authorized, in serving or executing any 
such writ, rule, order, process, warrant, or other legal or 
judicial writ or process; 
shall, except as otherwise provided by law, be imprisoned not 
more than one year. 
‘‘§ 1132. Influencing or injuring officer or juror 
generally 
‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever corruptly, or 
by threats or force, or by any threatening letter or communica-
tion, endeavors to influence, intimidate, or impede any grand 
or petit juror, or officer in or of any court of the United States, 
or officer who may be serving at any examination or other pro-
ceeding before any United States magistrate judge or other 
committing magistrate, in the discharge of duty, or injures any 
such grand or petit juror in his or her person or property on 
account of any verdict or indictment assented to by him or her, 
or on account of being or having been such juror, or injures 
any such officer, magistrate judge, or other committing mag-
istrate in his or her person or property on account of the per-
formance of his official duties, or corruptly or by threats or 
force, or by any threatening letter or communication, influ-
ences, obstructs, or impedes, or endeavors to influence, ob-
struct, or impede, the due administration of justice, shall be 
punished as provided in subsection (b). If the offense under 
this section occurs in connection with a trial of a criminal case, 
and the act in violation of this section involves the threat of 
physical force or physical force, the maximum term of impris-
onment which may be imposed for the offense shall be the high-
er of that otherwise provided by law or the maximum term that 
could have been imposed for any offense charged in such case. 
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488 
‘‘(b) PUNISHMENT.—The punishment for an offense under 
this section is— 
‘‘(1) in the case of a killing, the punishment provided in 
chapter 10; 
‘‘(2) in the case of an attempted killing, or a case in 
which the offense was committed against a petit juror and, 
imprisonment for not more than 20 years; and 
‘‘(3) in any other case, imprisonment for not more than 
10 years. 
‘‘§ 1133. Obstruction of proceedings before depart-
ments, agencies, and committees 
‘‘Whoever— 
‘‘(1) with intent to avoid, evade, prevent, or obstruct 
compliance, in whole or in part, with any civil investigative 
demand duly and properly made under the Antitrust Civil 
Process Act, knowingly withholds, misrepresents, removes 
from any place, conceals, covers up, destroys, mutilates, al-
ters, or by other means falsifies any documentary material, 
answers to written interrogatories, or oral testimony, which 
is the subject of such demand; or attempts to do so or so-
licits another to do so; or 
‘‘(2) corruptly, or by threats or force, or by any threat-
ening letter or communication influences, obstructs, or im-
pedes the due and proper administration of the law under 
which any pending proceeding is being had before any de-
partment or agency of the United States, or the due and 
proper exercise of the power of inquiry under which any in-
quiry or investigation is being had by either House, or any 
committee of either House or any joint committee of the 
Congress; 
shall be imprisoned not more than 5 years or, if the offense in-
volves international or domestic terrorism (as defined in section 
283), imprisoned not more than 8 years. 
‘‘§ 1134. Obstruction of court orders 
‘‘(a) OFFENSE.—Whoever, by threats or force, knowingly 
prevents, obstructs, impedes, or interferes with the due exercise 
of rights or the performance of duties under any order, judg-
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489 
ment, or decree of a court of the United States, shall be impris-
oned not more than one year. 
‘‘(b) INJUNCTIVE AND OTHER RELIEF AVAILABLE.—No in-
junctive or other civil relief against the conduct made criminal 
by this section shall be denied on the ground that such conduct 
is a crime. 
‘‘§ 1135. Obstruction of criminal investigations 
‘‘(a) IN GENERAL.—Whoever knowingly attempts by means 
of bribery to obstruct, delay, or prevent the communication of 
information relating to a violation of any criminal statute of 
the United States by any person to a criminal investigator shall 
be imprisoned not more than five years. 
‘‘(b) FINANCIAL INSTITUTIONS.—(1) Whoever, being an offi-
cer of a financial institution, with the intent to obstruct a judi-
cial proceeding, notifies any other person about the existence 
or contents of a subpoena for records of that financial institu-
tion, or information that has been furnished to the grand jury 
in response to that subpoena, shall be imprisoned not more 
than 5 years. 
‘‘(2) Whoever, being an officer of a financial institution noti-
fies— 
‘‘(A) a customer of that financial institution whose 
records are sought by a grand jury subpoena; or 
‘‘(B) any other person named in that subpoena; 
about the existence or contents of that subpoena or information 
that has been furnished to the grand jury in response to that 
subpoena, shall be imprisoned not more than one year. 
‘‘(3) As used in this subsection— 
‘‘(A) the term ‘an officer of a financial institution’ means 
an officer, director, partner, employee, agent, or attorney of 
or for a financial institution; and 
‘‘(B) the term ‘subpoena for records’ means a Federal 
grand jury subpoena or a Department of Justice subpoena 
(issued under section 3486 of title 18), for customer 
records that has been served relating to a violation of, or 
a conspiracy to violate— 
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‘‘(i) section 1003, 644, 645, 773, 774, 775, 779, 
804, 1451, 1452, or chapter 53 of title 31; or 
‘‘(ii) section 801 or 803 affecting a financial institu-
tion. 
‘‘(c) DEFINITION.—As used in this section, the term ‘crimi-
nal investigator’ means any individual duly authorized by a de-
partment, agency, or armed force of the United States to con-
duct or engage in investigations of or prosecutions for viola-
tions of the criminal laws of the United States. 
‘‘(d) INSURANCE.—(1) Whoever— 
‘‘(A) acting as, or being, an officer, director, agent or 
employee of a person engaged in the business of insurance 
whose activities affect interstate commerce, or 
‘‘(B) is engaged in the business of insurance whose ac-
tivities affect interstate commerce or is involved (other than 
as an insured or beneficiary under a policy of insurance) 
in a transaction relating to the conduct of affairs of such 
a business, 
with intent to obstruct a judicial proceeding, notifies any other 
person about the existence or contents of a subpoena for 
records of that person engaged in such business or information 
that has been furnished to a Federal grand jury in response 
to that subpoena, shall be imprisoned not more than 5 years. 
‘‘(2) As used in paragraph (1), the term ‘subpoena for 
records’ means a Federal grand jury subpoena for records that 
has been served relating to a violation of, or a conspiracy to 
violate, section 1033 of this title. 
‘‘(e) Whoever, having been notified of the applicable disclo-
sure prohibitions or confidentiality requirements of section 
2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the 
Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 
1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the 
Right to Financial Privacy Act (12 U.S.C. 3414(a)(3)(A) or 
3414(a)(5)(D)(i)), or section 802(b)(1) of the National Secu-
rity Act of 1947 (50 U.S.C. 436(b)(1)), knowingly and with the 
intent to obstruct an investigation or judicial proceeding vio-
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491 
lates such prohibitions or requirements applicable by law to 
such person shall be imprisoned for not more than five years. 
‘‘§ 1136. Obstruction of State or local law enforce-
ment with regard to illegal gambling busi-
ness 
‘‘(a) ELEMENTS OF THE OFFENSE.—It shall be unlawful for 
two or more persons to conspire to obstruct the enforcement of 
the criminal laws of a State or political subdivision thereof, 
with the intent to facilitate an illegal gambling business if— 
‘‘(1) one or more of such persons does any act to effect 
the object of such a conspiracy; 
‘‘(2) one or more of such persons is an official or em-
ployee, elected, appointed, or otherwise, of such State or 
political subdivision; and 
‘‘(3) one or more of such persons conducts finances, 
manages, supervises, directs, or owns all or part of an ille-
gal gambling business. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘illegal gambling business’ means a gam-
bling business which— 
‘‘(i) is a violation of the law of a State or political 
subdivision in which it is conducted; 
‘‘(ii) involves five or more persons who conduct, fi-
nance, manage, supervise, direct, or own all or part of 
such business; and 
‘‘(iii) has been or remains in substantially continuous 
operation for a period in excess of thirty days or has 
a gross revenue of $2,000 in any single day; and 
‘‘(2) the term ‘gambling’ includes pool-selling, book-
making, maintaining slot machines, roulette wheels, or dice 
tables, and conducting lotteries, policy, bolita or numbers 
games, or selling chances therein. 
‘‘(c) EXCLUSION.—This section does not apply to any bingo 
game, lottery, or similar game of chance conducted by an orga-
nization exempt from tax under paragraph (3) of subsection (c) 
of section 501 of the Internal Revenue Code of 1986, if no part 
of the gross receipts derived from such activity inures to the 
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492 
benefit of any private shareholder, member, or employee of 
such organization, except as reimbursement for actual expenses 
incurred in the conduct of such activity. 
‘‘(d) PUNISHMENT.—Whoever violates this section shall be 
imprisoned not more than five years. 
‘‘§ 1137. Tampering with a witness, victim, or an 
informant 
‘‘(a) VIOLENT OFFENSE.— 
‘‘(1) KILLING.—Whoever kills or attempts to kill another 
person, with intent to— 
‘‘(A) prevent the attendance or testimony of any per-
son in an official proceeding; 
‘‘(B) prevent the production of a record, document, 
or other object, in an official proceeding; or 
‘‘(C) prevent the communication by any person to a 
law enforcement officer or judge of the United States 
of information relating to the commission or possible 
commission of a Federal offense or a violation of condi-
tions of probation, parole, or release pending judicial 
proceedings; 
shall be punished as provided in paragraph (3). 
‘‘(2) USE OR THREAT OF PHYSICAL FORCE.—Whoever 
uses physical force or the threat of physical force against 
any person, or attempts to do so, with intent to— 
‘‘(A) influence, delay, or prevent the testimony of 
any person in an official proceeding; 
‘‘(B) cause or induce any person to— 
‘‘(i) withhold testimony, or withhold a record, 
document, or other object, from an official pro-
ceeding; 
‘‘(ii) alter, destroy, mutilate, or conceal an object 
with intent to impair the integrity or availability of 
the object for use in an official proceeding; 
‘‘(iii) evade legal process summoning that person 
to appear as a witness, or to produce a record, doc-
ument, or other object, in an official proceeding; or 
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493 
‘‘(iv) be absent from an official proceeding to 
which that person has been summoned by legal 
process; or 
‘‘(C) hinder, delay, or prevent the communication to 
a law enforcement officer or judge of the United States 
of information relating to the commission or possible 
commission of a Federal offense or a violation of condi-
tions of probation, supervised release, parole, or release 
pending judicial proceedings; 
shall be punished as provided in paragraph (3). 
‘‘(3) PUNISHMENT.—The punishment for an offense 
under this subsection is— 
‘‘(A) the same as provided for a like offense in chap-
ter 10; and 
‘‘(B) in the case of the threat of use of physical force 
against any person, imprisonment for not more than 10 
years. 
‘‘(b) NONVIOLENT
OFFENSES
INVOLVING
OTHER
PER-
SONS.—Whoever knowingly uses intimidation, threatens, or cor-
ruptly persuades another person, or attempts to do so, or en-
gages in misleading conduct toward another person, with intent 
to— 
‘‘(1) influence, delay, or prevent the testimony of any 
person in an official proceeding; 
‘‘(2) cause or induce any person to— 
‘‘(A) withhold testimony, or withhold a record, docu-
ment, or other object, from an official proceeding; 
‘‘(B) alter, destroy, mutilate, or conceal an object 
with intent to impair the object’s integrity or avail-
ability for use in an official proceeding; 
‘‘(C) evade legal process summoning that person to 
appear as a witness, or to produce a record, document, 
or other object, in an official proceeding; or 
‘‘(D) be absent from an official proceeding to which 
such person has been summoned by legal process; or 
‘‘(3) hinder, delay, or prevent the communication to a 
law enforcement officer or judge of the United States of in-
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494 
formation relating to the commission or possible commis-
sion of a Federal offense or a violation of conditions of pro-
bation, supervised release, parole, or release pending judi-
cial proceedings. 
‘‘(c) NONVIOLENT OFFENSES NOT INVOLVING OTHER PER-
SONS.—Whoever corruptly— 
‘‘(1) alters, destroys, mutilates, or conceals a record, doc-
ument, or other object, or attempts to do so, with the in-
tent to impair the object’s integrity or availability for use 
in an official proceeding; or 
‘‘(2) otherwise obstructs, influences, or impedes any offi-
cial proceeding, or attempts to do so, 
shall be imprisoned not more than 20 years. 
‘‘(d) HARASSMENT.—Whoever intentionally harasses another 
person and thereby hinders, delays, prevents, or dissuades any 
person from— 
‘‘(1) attending or testifying in an official proceeding; 
‘‘(2) reporting to a law enforcement officer or judge of 
the United States the commission or possible commission 
of a Federal offense or a violation of conditions of proba-
tion, supervised release, parole, or release pending judicial 
proceedings; 
‘‘(3) arresting or seeking the arrest of another person in 
connection with a Federal offense; or 
‘‘(4) causing a criminal prosecution, or a parole or pro-
bation revocation proceeding, to be sought or instituted, or 
assisting in such prosecution or proceeding; 
or attempts to do so, shall be imprisoned not more than one 
year. 
‘‘(e) AFFIRMATIVE DEFENSE.—In a prosecution for an of-
fense under this section, it is an affirmative defense, that the 
conduct consisted solely of lawful conduct and that the defend-
ant’s sole intention was to encourage, induce, or cause the 
other person to testify truthfully. 
‘‘(f) SPECIAL RULES.—For the purposes of this section— 
‘‘(1) an official proceeding need not be pending or about 
to be instituted at the time of the offense; and 
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495 
‘‘(2) the testimony, or the record, document, or other ob-
ject need not be admissible in evidence or free of a claim 
of privilege. 
‘‘(g) STATE
OF MIND.—In a prosecution for an offense 
under this section, no state of mind need be proved with re-
spect to the circumstance— 
‘‘(1) that the official proceeding before a judge, court, 
magistrate judge, grand jury, or government agency is be-
fore a judge or court of the United States, a United States 
magistrate judge, a bankruptcy judge, a Federal grand 
jury, or a Federal Government agency; or 
‘‘(2) that the judge is a judge of the United States or 
that the law enforcement officer is an officer or employee 
of the Federal Government or a person authorized to act 
for or on behalf of the Federal Government or serving the 
Federal Government as an adviser or consultant. 
‘‘(h) 
EXTRATERRITORIAL
JURISDICTION.—There 
is 
extraterritorial Federal jurisdiction over an offense under this 
section. 
‘‘(i) VENUE.—A prosecution under this section or section 
1132 may be brought in the district in which the official pro-
ceeding (whether or not pending or about to be instituted) was 
intended to be affected or in the district in which the conduct 
constituting the alleged offense occurred. 
‘‘(j) INCREASED PUNISHMENT.—If the offense under this 
section occurs in connection with a trial of a criminal case, the 
maximum term of imprisonment which may be imposed for the 
offense shall be the higher of that otherwise provided by law 
or the maximum term that could have been imposed for any 
offense charged in such case. 
‘‘§ 1138. Retaliating against a witness, victim, or 
an informant 
‘‘(a) OFFENSES INVOLVING KILLING.— 
‘‘(1) ELEMENTS OF THE OFFENSE.—Whoever kills an-
other person with intent to retaliate against any person 
for— 
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496 
‘‘(A) the attendance of a witness or party at an offi-
cial proceeding, or any testimony given or any record, 
document, or other object produced by a witness in an 
official proceeding; or 
‘‘(B) providing to a law enforcement officer any in-
formation relating to the commission or possible com-
mission of a Federal offense or a violation of conditions 
of probation, supervised release, parole, or release 
pending judicial proceedings. 
‘‘(2) PUNISHMENT.—The punishment for an offense 
under this subsection is the same as for a like offense 
under chapter 10. 
‘‘(b) OFFENSES
INVOLVING
BODILY
INJURY.—Whoever 
knowingly engages in any conduct and thereby causes bodily in-
jury to another person or damages the tangible property of an-
other person, or threatens to do so, with intent to retaliate 
against any person for— 
‘‘(1) the attendance of a witness or party at an official 
proceeding, or any testimony given or any record, docu-
ment, or other object produced by a witness in an official 
proceeding; or 
‘‘(2) any information relating to the commission or pos-
sible commission of a Federal offense or a violation of con-
ditions of probation, supervised release, parole, or release 
pending judicial proceedings given by a person to a law en-
forcement officer; 
‘‘(c) INCREASED PUNISHMENT.—If the retaliation occurred 
because of attendance at or testimony in a criminal case, the 
maximum term of imprisonment which may be imposed for the 
offense under this section shall be the higher of that otherwise 
provided by law or the maximum term that could have been im-
posed for any offense charged in such case. 
‘‘(d) 
EXTRATERRITORIAL
JURISDICTION.—There 
is 
extraterritorial Federal jurisdiction over an offense under this 
section. 
‘‘(e) OTHER RETALIATION.— Whoever knowingly, with the 
intent to retaliate, takes any action harmful to any person, in-
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497 
cluding interference with the lawful employment or livelihood of 
any person, for providing to a law enforcement officer any 
truthful information relating to the commission or possible 
commission of any Federal offense, shall be imprisoned not 
more than 10 years. 
‘‘§ 1139. Civil action to restrain harassment of a 
victim or witness 
‘‘(a) TEMPORARY
RESTRAINING
ORDER.—(1) A United 
States district court, upon application of the attorney for the 
Government, shall issue a temporary restraining order prohib-
iting harassment of a victim or witness in a Federal criminal 
case if the court finds, from specific facts shown by affidavit 
or by verified complaint, that there are reasonable grounds to 
believe that harassment of an identified victim or witness in a 
Federal criminal case exists or that such order is necessary to 
prevent and restrain an offense under section 1137 of this title, 
other than an offense consisting of misleading conduct, or 
under section 1138 of this title. 
‘‘(2)(A) A temporary restraining order may be issued under 
this section without written or oral notice to the adverse party 
or such party’s attorney in a civil action under this section if 
the court finds, upon written certification of facts by the attor-
ney for the Government, that such notice should not be re-
quired and that there is a reasonable probability that the Gov-
ernment will prevail on the merits. 
‘‘(B) A temporary restraining order issued without notice 
under this section shall be endorsed with the date and hour of 
issuance and be filed forthwith in the office of the clerk of the 
court issuing the order. 
‘‘(C) A temporary restraining order issued under this section 
shall expire at such time, not to exceed 10 days from issuance, 
as the court directs; the court, for good cause shown before ex-
piration of such order, may extend the expiration date of the 
order for up to 10 days or for such longer period agreed to by 
the adverse party. 
‘‘(D) When a temporary restraining order is issued without 
notice, the motion for a protective order shall be set down for 
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hearing at the earliest possible time and takes precedence over 
all matters except older matters of the same character, and 
when such motion comes on for hearing, if the attorney for the 
Government does not proceed with the application for a protec-
tive order, the court shall dissolve the temporary restraining 
order. 
‘‘(E) If on two days notice to the attorney for the Govern-
ment or on such shorter notice as the court may prescribe, the 
adverse party appears and moves to dissolve or modify the tem-
porary restraining order, the court shall proceed to hear and 
determine such motion as expeditiously as the ends of justice 
require. 
‘‘(F) A temporary restraining order shall set forth the rea-
sons for the issuance of such order, be specific in terms, and 
describe in reasonable detail (and not by reference to the com-
plaint or other document) the act or acts being restrained. 
‘‘(b) PROTECTIVE ORDER.—(1) A United States district 
court, upon motion of the attorney for the Government, shall 
issue a protective order prohibiting harassment of a victim or 
witness in a Federal criminal case if the court, after a hearing, 
finds by a preponderance of the evidence that harassment of an 
identified victim or witness in a Federal criminal case exists or 
that such order is necessary to prevent and restrain an offense 
under section 1137 of this title, other than an offense con-
sisting of misleading conduct, or under section 1138 of this 
title. 
‘‘(2) At the hearing referred to in paragraph (1) of this sub-
section, any adverse party named in the complaint shall have 
the right to present evidence and cross-examine witnesses. 
‘‘(3) A protective order shall set forth the reasons for the 
issuance of such order, be specific in terms, describe in reason-
able detail (and not by reference to the complaint or other doc-
ument) the act or acts being restrained. 
‘‘(4) The court shall set the duration of effect of the protec-
tive order for such period as the court determines necessary to 
prevent harassment of the victim or witness but in no case for 
a period in excess of three years from the date of such order’s 
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issuance. The attorney for the Government may, at any time 
within ninety days before the expiration of such order, apply 
for a new protective order under this section. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘harassment’ means a course of conduct 
directed at a specific person that— 
‘‘(A) causes substantial emotional distress in such 
person; and 
‘‘(B) serves no legitimate purpose; and 
‘‘(2) the term ‘course of conduct’ means a series of acts 
over a period of time, however short, indicating a continuity 
of purpose. 
‘‘§ 1140. Civil action to protect against retaliation 
in fraud cases 
‘‘(a) WHISTLEBLOWER PROTECTION
FOR EMPLOYEES
OF 
PUBLICLY TRADED COMPANIES.—No company with a class of 
securities registered under section 12 of the Securities Ex-
change Act of 1934 (15 U.S.C. 78l), or that is required to file 
reports under section 15(d) of the Securities Exchange Act of 
1934 (15 U.S.C. 78o(d)), or any officer, employee, contractor, 
subcontractor, or agent of such company, may discharge, de-
mote, suspend, threaten, harass, or in any other manner dis-
criminate against an employee in the terms and conditions of 
employment because of any lawful act done by the employee— 
‘‘(1) to provide information, cause information to be pro-
vided, or otherwise assist in an investigation regarding any 
conduct which the employee reasonably believes constitutes 
a violation of section 801, 803, 804, or 807, any rule or 
regulation of the Securities and Exchange Commission, or 
any provision of Federal law relating to fraud against 
shareholders, when the information or assistance is pro-
vided to or the investigation is conducted by— 
‘‘(A) a Federal regulatory or law enforcement agen-
cy; 
‘‘(B) any Member of Congress or any committee of 
Congress; or 
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‘‘(C) a person with supervisory authority over the 
employee (or such other person working for the em-
ployer who has the authority to investigate, discover, or 
terminate misconduct); or 
‘‘(2) to file, cause to be filed, testify, participate in, or 
otherwise assist in a proceeding filed or about to be filed 
(with any knowledge of the employer) relating to an alleged 
violation of section 801, 803, 804, or 807, any rule or reg-
ulation of the Securities and Exchange Commission, or any 
provision of Federal law relating to fraud against share-
holders. 
‘‘(b) ENFORCEMENT ACTION.— 
‘‘(1) IN GENERAL.—A person who alleges discharge or 
other discrimination by any person in violation of sub-
section (a) may seek relief under subsection (c), by— 
‘‘(A) filing a complaint with the Secretary of Labor; 
or 
‘‘(B) if the Secretary has not issued a final decision 
within 180 days of the filing of the complaint and there 
is no showing that such delay is due to the bad faith 
of the claimant, bringing an action at law or equity for 
de novo review in the appropriate district court of the 
United States, which shall have jurisdiction over such 
an action without regard to the amount in controversy. 
‘‘(2) PROCEDURE.— 
‘‘(A) IN
GENERAL.—An action under paragraph 
(1)(A) shall be governed under the rules and proce-
dures set forth in section 42121(b) of title 49. 
‘‘(B) EXCEPTION.—Notification made under section 
42121(b)(1) of title 49, shall be made to the person 
named in the complaint and to the employer. 
‘‘(C) BURDENS
OF
PROOF.—An action brought 
under paragraph (1)(B) shall be governed by the legal 
burdens of proof set forth in section 42121(b) of title 
49. 
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‘‘(D) STATUTE OF LIMITATIONS.—An action under 
paragraph (1) shall be commenced not later than 90 
days after the date on which the violation occurs. 
‘‘(c) REMEDIES.— 
‘‘(1) IN GENERAL.—An employee prevailing in any action 
under subsection (b)(1) shall be entitled to all relief nec-
essary to make the employee whole. 
‘‘(2) COMPENSATORY DAMAGES.—Relief for any action 
under paragraph (1) shall include— 
‘‘(A) reinstatement with the same seniority status 
that the employee would have had, but for the discrimi-
nation; 
‘‘(B) the amount of back pay, with interest; and 
‘‘(C) compensation for any special damages sus-
tained as a result of the discrimination, including liti-
gation costs, expert witness fees, and reasonable attor-
ney fees. 
‘‘(d) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this 
section shall be deemed to diminish the rights, privileges, or 
remedies of any employee under any Federal or State law, or 
under any collective bargaining agreement. 
‘‘§ 1141. Definitions for certain provisions; general 
provision 
‘‘(a) DEFINITIONS FOR SECTIONS 1137 AND 1138.—As used 
in sections 1137 and 1138 and in this section— 
‘‘(1) the term ‘official proceeding’ means— 
‘‘(A) a proceeding before a judge or court of the 
United States, a United States magistrate judge, a 
bankruptcy judge, a judge of the United States Tax 
Court, a special trial judge of the Tax Court, a judge 
of the United States Court of Federal Claims, or a 
Federal grand jury; 
‘‘(B) a proceeding before the Congress; 
‘‘(C) a proceeding before a Federal Government 
agency which is authorized by law; or 
‘‘(D) a proceeding involving the business of insur-
ance whose activities affect interstate commerce before 
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any insurance regulatory official or agency or any 
agent or examiner appointed by such official or agency 
to examine the affairs of any person engaged in the 
business of insurance whose activities affect interstate 
commerce; 
‘‘(2) the term ‘physical force’ means physical action 
against another, and includes confinement; 
‘‘(3) the term ‘misleading conduct’ means— 
‘‘(A) knowingly making a false statement; 
‘‘(B) intentionally omitting information from a state-
ment and thereby causing a portion of such statement 
to be misleading, or intentionally concealing a material 
fact, and thereby creating a false impression by such 
statement; 
‘‘(C) with intent to mislead, knowingly submitting or 
inviting reliance on a writing or recording that is false, 
forged, altered, or otherwise lacking in authenticity; 
‘‘(D) with intent to mislead, knowingly submitting or 
inviting reliance on a sample, specimen, map, photo-
graph, boundary mark, or other object that is mis-
leading in a material respect; or 
‘‘(E) knowingly using a trick, scheme, or device with 
intent to mislead; 
‘‘(4) the term ‘law enforcement officer’ means an officer 
or employee of the Federal Government, or a person au-
thorized to act for or on behalf of the Federal Government 
or serving the Federal Government as an adviser or con-
sultant— 
‘‘(A) authorized under law to engage in or supervise 
the prevention, detection, investigation, or prosecution 
of an offense; or 
‘‘(B) serving as a probation or pretrial services offi-
cer under this title; 
‘‘(5) the term ‘corruptly persuades’ does not include con-
duct which would be misleading conduct but for a lack of 
a state of mind. 
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‘‘(b) DEFINITION FOR SECTION 1133.—As used in section 
1505, the term ‘corruptly’ means acting with an improper pur-
pose, personally or by influencing another, including making a 
false or misleading statement, or withholding, concealing, alter-
ing, or destroying a document or other information. 
‘‘(c) EXCLUSION.—This subchapter does not prohibit or pun-
ish the providing of lawful, bona fide, legal representation serv-
ices in connection with or anticipation of an official proceeding. 
‘‘§ 1142. Destruction of corporate audit records 
‘‘(a) REGULATORY REQUIREMENTS.—(1) Any accountant 
who conducts an audit of an issuer of securities to which sec-
tion 10A(a) of the Securities Exchange Act of 1934 (15 U.S.C. 
78j-1(a)) applies, shall maintain all audit or review workpapers 
for a period of 5 years from the end of the fiscal period in 
which the audit or review was concluded. 
‘‘(2) The Securities and Exchange Commission shall promul-
gate, within 180 days, after adequate notice and an opportunity 
for comment, such rules and regulations, as are reasonably nec-
essary, relating to the retention of relevant records such as 
workpapers, documents that form the basis of an audit or re-
view, memoranda, correspondence, communications, other docu-
ments, and records (including electronic records) which are cre-
ated, sent, or received in connection with an audit or review 
and contain conclusions, opinions, analyses, or financial data 
relating to such an audit or review, which is conducted by any 
accountant who conducts an audit of an issuer of securities to 
which section 10A(a) of the Securities Exchange Act of 1934 
(15 U.S.C. 78j-1(a)) applies. The Commission may, from time 
to time, amend or supplement the rules and regulations that 
it is required to promulgate under this section, after adequate 
notice and an opportunity for comment, in order to ensure that 
such rules and regulations adequately comport with the pur-
poses of this section. 
‘‘(b) OFFENSE.—Whoever knowingly violates subsection 
(a)(1), or any rule or regulation promulgated by the Securities 
and Exchange Commission under subsection (a)(2), shall be 
imprisoned not more than 10 years. 
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‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall 
be deemed to diminish or relieve any person of any other duty 
or obligation imposed by Federal or State law or regulation to 
maintain, or refrain from destroying, any document. 
‘‘SUBCHAPTER J—PRISONS 
‘‘Sec. 
‘‘1161.
Providing or possessing contraband in prison. 
‘‘1162.
Mutiny and riot prohibited. 
‘‘1163.
Trespass on Bureau of Prisons reservations and land. 
‘‘§ 1161. Providing or possessing contraband in 
prison 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) in violation of a statute or a rule or order issued 
under a statute, provides to an inmate of a prison a prohib-
ited object, or attempts to do so; or 
‘‘(2) being an inmate of a prison, makes, possesses, or 
obtains, or attempts to make or obtain, a prohibited object; 
shall be punished as provided in subsection (b) of this section. 
‘‘(b) PUNISHMENT.—The punishment for an offense under 
this section is a fine under this title or— 
‘‘(1) imprisonment for not more than 20 years, or both, 
if the object is specified in subsection (d)(1)(C) of this sec-
tion; 
‘‘(2) imprisonment for not more than 10 years, or both, 
if the object is specified in subsection (d)(1)(A) of this sec-
tion; 
‘‘(3) imprisonment for not more than 5 years, or both, 
if the object is specified in subsection (d)(1)(B) of this sec-
tion; 
‘‘(4) imprisonment for not more than one year, or both, 
if the object is specified in subsection (d)(1)(D) or 
(d)(1)(E) of this section; and 
‘‘(5) imprisonment for not more than 6 months, or both, 
if the object is specified in subsection (d)(1)(F) of this sec-
tion. 
‘‘(c) CONSECUTIVE PUNISHMENT REQUIRED
IN CERTAIN 
CASES.—Any punishment imposed under subsection (b) for a 
violation of this section involving a controlled substance shall 
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be consecutive to any other sentence imposed by any court for 
an offense involving such a controlled substance. Any punish-
ment imposed under subsection (b) for a violation of this sec-
tion by an inmate of a prison shall be consecutive to the sen-
tence being served by such inmate at the time the inmate com-
mits such violation. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘prohibited object’ means— 
‘‘(A) a firearm or destructive device or a controlled 
substance in schedule I or II, other than marijuana or 
a controlled substance referred to in subparagraph (C) 
of this subsection; 
‘‘(B) marijuana or a controlled substance in schedule 
III, other than a controlled substance referred to in 
subparagraph (C) of this subsection, ammunition, a 
weapon (other than a firearm or destructive device), or 
an object that is designed or intended to be used as a 
weapon or to facilitate escape from a prison; 
‘‘(C) a narcotic drug, methamphetamine, its salts, 
isomers, and salts of its isomers, lysergic acid 
diethylamide, or phencyclidine; 
‘‘(D) a controlled substance (other than a controlled 
substance referred to in subparagraph (A), (B), or (C) 
of this subsection) or an alcoholic beverage; 
‘‘(E) any United States or foreign currency; and 
‘‘(F) any other object that threatens the order, dis-
cipline, or security of a prison, or the life, health, or 
safety of an individual; 
‘‘(2) the terms ‘ammunition’, ‘firearm’, and ‘destructive 
device’ have, respectively, the meanings given those terms 
in section 921 of this title; 
‘‘(3) the terms ‘controlled substance’ and ‘narcotic drug’ 
have, respectively, the meanings given those terms in sec-
tion 102 of the Controlled Substances Act (21 U.S.C. 802); 
and 
‘‘(4) the term ‘prison’ means a Federal correctional, de-
tention, or penal facility or any prison, institution, or facil-
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ity in which persons are held in custody by direction of or 
pursuant to a contract or agreement with the Attorney 
General. 
‘‘§ 1162. Mutiny and riot prohibited 
‘‘Whoever instigates any mutiny or riot, at any Federal 
penal, detention, or correctional facility, shall be imprisoned not 
more than ten years. 
‘‘§ 1163. Trespass on Bureau of Prisons reserva-
tions and land 
‘‘Whoever, without lawful authority or permission, goes upon 
a reservation, land, or a facility of the Bureau of Prisons shall 
be imprisoned not more than six months. 
‘‘SUBCHAPTER K—PUBLIC OFFICERS AND 
EMPLOYEES 
‘‘Sec. 
‘‘1171.
Disclosure of confidential information generally. 
‘‘§ 1171. Disclosure of confidential information 
generally 
‘‘Whoever, being an officer or employee of the United States 
or of any department or agency thereof, any person acting on 
behalf of the Federal Housing Finance Agency, or agent of the 
Department of Justice as defined in the Antitrust Civil Process 
Act (15 U.S.C. 1311–1314), or being an employee of a private 
sector organization who is or was assigned to an agency under 
chapter 37 of title 5, publishes, divulges, discloses, or makes 
known in any manner or to any extent not authorized by law 
any information coming to him in the course of his employment 
or official duties or by reason of any examination or investiga-
tion made by, or return, report or record made to or filed with, 
such department or agency or officer or employee thereof, 
which information concerns or relates to the trade secrets, 
processes, operations, style of work, or apparatus, or to the 
identity, confidential statistical data, amount or source of any 
income, profits, losses, or expenditures of any person, firm, 
partnership, corporation, or association; or permits any income 
return or copy thereof or any book containing any abstract or 
particulars thereof to be seen or examined by any person except 
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as provided by law; shall be imprisoned not more than one 
year; and shall be removed from office or employment. 
‘‘SUBCHAPTER L—RECORDS AND REPORTS 
‘‘Sec. 
‘‘1181.
Concealment, removal, or mutilation generally. 
‘‘1182.
False entries and reports of moneys or securities. 
‘‘§ 1181. Concealment, removal, or mutilation gen-
erally 
‘‘Whoever knowingly and unlawfully conceals, removes, muti-
lates, obliterates, or destroys, or attempts to do so, or, with in-
tent to do so takes and carries away any record, proceeding, 
map, book, paper, document, or other thing, filed or deposited 
with any clerk or officer of any court of the United States, or 
in any public office, or with any judicial or public officer of the 
United States, shall be imprisoned not more than three years. 
‘‘§ 1182. False entries and reports of moneys or se-
curities 
‘‘Whoever— 
‘‘(1) being an officer, clerk, agent, or other employee of 
the United States or any of its agencies, charged with the 
duty of keeping accounts or records of any kind, with in-
tent to deceive, mislead, injure, or defraud, makes in any 
such account or record any false or fictitious entry or 
record of any matter relating to or connected with his du-
ties; or 
‘‘(2) being an officer, clerk, agent, or other employee of 
the United States or any of its agencies, charged with the 
duty of receiving, holding, or paying over moneys or securi-
ties to, for, or on behalf of the United States, or of receiv-
ing or holding in trust for any person any moneys or secu-
rities, with like intent, makes a false report of such moneys 
or securities; 
shall be imprisoned not more than ten years. 
‘‘SUBCHAPTER M—SEARCHES AND SEIZURES 
‘‘Sec. 
‘‘1191.
Destruction or removal of property to prevent seizure. 
‘‘1192.
Rescue of seized property. 
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‘‘§ 1191. Destruction or removal of property to 
prevent seizure 
‘‘(a) DESTRUCTION OR REMOVAL OF PROPERTY TO PRE-
VENT SEIZURE.—Whoever, before, during, or after any search 
for or seizure of property by any person authorized to make 
such search or seizure, knowingly destroys, damages, wastes, 
disposes of, transfers, or otherwise takes any action, or know-
ingly attempts to destroy, damage, waste, dispose of, transfer, 
or otherwise take any action, for the purpose of preventing or 
impairing the Government’s lawful authority to take such prop-
erty into its custody or control or to continue holding such 
property under its lawful custody and control, shall be impris-
oned not more than 5 years. 
‘‘(b) IMPAIRMENT
OF IN REM JURISDICTION.—Whoever, 
knowing that property is subject to the in rem jurisdiction of 
a United States court for purposes of civil forfeiture under 
Federal law, knowingly and without authority from that court, 
destroys, damages, wastes, disposes of, transfers, or otherwise 
takes any action, or knowingly attempts to destroy, damage, 
waste, dispose of, transfer, or otherwise take any action, for the 
purpose of impairing or defeating the court’s continuing in rem 
jurisdiction over the property, shall be imprisoned not more 
than 5 years. 
‘‘(c) NOTICE OF SEARCH OR EXECUTION OF SEIZURE WAR-
RANT OR WARRANT OF ARREST IN REM.—Whoever, having 
knowledge that any person authorized to make searches and 
seizures, or to execute a seizure warrant or warrant of arrest 
in rem, in order to prevent the authorized seizing or securing 
of any person or property, gives notice or attempts to give no-
tice in advance of the search, seizure, or execution of a seizure 
warrant or warrant of arrest in rem, to any person shall be im-
prisoned not more than 5 years. 
‘‘(d) NOTICE OF CERTAIN ELECTRONIC SURVEILLANCE.— 
Whoever, having knowledge that a Federal investigative or law 
enforcement officer has been authorized or has applied for au-
thorization under subchapter C of chapter 37 to intercept a 
wire, oral, or electronic communication, in order to obstruct, 
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impede, or prevent such interception, gives notice or attempts 
to give notice of the possible interception to any person shall 
be imprisoned not more than five years. 
‘‘(e) FOREIGN
INTELLIGENCE
SURVEILLANCE.—Whoever, 
having knowledge that a Federal officer has been authorized or 
has applied for authorization to conduct electronic surveillance 
under the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801, et seq.), in order to obstruct, impede, or prevent 
such activity, gives notice or attempts to give notice of the pos-
sible activity to any person shall be imprisoned not more than 
five years. 
‘‘§ 1192. Rescue of seized property 
‘‘Whoever forcibly rescues, dispossesses, or attempts to res-
cue or dispossess any property, articles, or objects after the 
same shall have been taken, detained, or seized by any officer 
or other person under the authority of any revenue law of the 
United States, or by any person authorized to make searches 
and seizures, shall be imprisoned not more than two years. 
‘‘SUBCHAPTER N—MALICIOUS MISCHIEF 
‘‘Sec. 
‘‘1201.
Government property or contracts. 
‘‘1202.
Communication lines, stations, or systems. 
‘‘1203.
Buildings or property within special maritime and territorial juris-
diction. 
‘‘1204.
Tampering with consumer products. 
‘‘1205.
Destruction of an energy facility. 
‘‘1206.
Harming animals used in law enforcement. 
‘‘1207.
Destruction of veterans’ memorials. 
‘‘§ 1201. Government property or contracts 
‘‘Whoever knowingly and without authority injures or com-
mits any depredation against any property of the United 
States, or of any department or agency thereof, or any property 
which has been or is being manufactured or constructed for the 
United States, or any department or agency thereof, or at-
tempts to commit any of the foregoing offenses, shall be pun-
ished as follows: 
‘‘(1) If the damage or attempted damage to such prop-
erty exceeds the sum of $1,000, by imprisonment for not 
more than ten years. 
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‘‘(2) If the damage or attempted damage to such prop-
erty does not exceed the sum of $1,000, by imprisonment 
for not more than one year. 
‘‘§ 1202. Communication lines, stations, or systems 
‘‘(a) OFFENSE.—Whoever knowingly and without author-
ity— 
‘‘(1) injures or destroys any of the works, property, or 
material of any radio, telegraph, telephone or cable, line, 
station, or system, or other means of communication, oper-
ated or controlled by the United States, or used or intended 
to be used for military or civil defense functions of the 
United States, whether constructed or in process of con-
struction; 
‘‘(2) interferes in any way with the working or use of 
any such line or system; or 
‘‘(3) obstructs, hinders, or delays the transmission of any 
communication over any such line or system; 
shall be imprisoned not more than ten years. 
‘‘(b) EXCLUSION.—In the case of any works, property, or 
material, not operated or controlled by the United States, this 
section shall not apply to any lawful strike activity, or other 
lawful concerted activities for the purposes of collective bar-
gaining or other mutual aid and protection which do not injure 
or destroy any line or system used or intended to be used for 
the military or civil defense functions of the United States. 
‘‘§ 1203. Buildings or property within special mar-
itime and territorial jurisdiction 
‘‘Whoever, within the special maritime and territorial juris-
diction of the United States, knowingly and without authority 
destroys or injures any structure, conveyance, or other real or 
personal property shall be imprisoned not more than five years 
and if the building be a dwelling, or the life of any person be 
placed in jeopardy, shall be imprisoned not more than twenty 
years. 
‘‘§ 1204. Tampering with consumer products 
‘‘(a) TAMPERING IN GENERAL.—Whoever, with reckless dis-
regard for the risk that another person will be placed in danger 
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of death or bodily injury and under circumstances manifesting 
extreme indifference to such risk, tampers with any consumer 
product that affects interstate or foreign commerce, or the la-
beling of, or container for, any such product, or attempts to do 
so, shall— 
‘‘(1) in the case of an attempt, be imprisoned not more 
than ten years; 
‘‘(2) if death of an individual results, be imprisoned for 
any term of years or for life; 
‘‘(3) if serious bodily injury to any individual results, be 
imprisoned not more than twenty years; and 
‘‘(4) in any other case, be imprisoned not more than ten 
years. 
‘‘(b) TAINTING WITH INTENT TO CAUSE SERIOUS INJURY 
THROUGH BUSINESS.—Whoever, with intent to cause serious 
injury to the business of any person, taints any consumer prod-
uct or renders materially false or misleading the labeling of, or 
container for, a consumer product, if such consumer product 
affects interstate or foreign commerce, shall be imprisoned not 
more than three years. 
‘‘(c) FALSE INFORMATION.—(1) Whoever knowingly commu-
nicates false information that a consumer product has been 
tainted, if such product or the results of such communication 
affect interstate or foreign commerce, and if such tainting, had 
it occurred, would create a risk of death or bodily injury to an-
other person, shall be imprisoned not more than five years. 
‘‘(2) As used in paragraph (1) of this subsection, the term 
‘communicates false information’ means communicates informa-
tion that is false and that the communicator knows is false, 
under circumstances in which the information may reasonably 
be expected to be believed. 
‘‘(d) THREATS.—Whoever knowingly threatens, under cir-
cumstances in which the threat may reasonably be expected to 
be believed, that conduct that, if it occurred, would violate sub-
section (a) of this section will occur, shall be imprisoned not 
more than five years. 
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‘‘(e) CONSPIRACY.—Whoever is a party to a conspiracy of 
two or more persons to commit an offense under subsection (a) 
of this section, if any of the parties intentionally engages in any 
conduct in furtherance of such offense, shall be imprisoned not 
more than ten years. 
‘‘(f) TAMPERING WITH WRITING.—(1) Whoever, without the 
consent of the manufacturer, retailer, or distributor, inten-
tionally tampers with a consumer product that is sold in inter-
state or foreign commerce by knowingly placing or inserting 
any writing in the consumer product, or in the container for 
the consumer product, before the sale of the consumer product 
to any consumer shall be imprisoned not more than 1 year. 
‘‘(2) Notwithstanding the provisions of paragraph (1), if any 
person commits a violation of this subsection after a prior con-
viction under this section becomes final, such person shall be 
imprisoned for not more than 3 years. 
‘‘(3) In this subsection, the term ‘writing’ means any form 
of representation or communication, including hand-bills, no-
tices, or advertising, that contain letters, words, or pictorial 
representations. 
‘‘(g) AUTHORITY OF FOOD AND DRUG ADMINISTRATION AND 
DEPARTMENT
OF AGRICULTURE.—In addition to any other 
agency which has authority to investigate violations of this sec-
tion, the Food and Drug Administration and the Department 
of Agriculture, respectively, have authority to investigate viola-
tions of this section involving a consumer product that is regu-
lated by a provision of law such Administration or Department, 
as the case may be, administers. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘consumer product’ means— 
‘‘(A) any ‘food’, ‘drug’, ‘device’, or ‘cosmetic’, as 
those terms are respectively defined in section 201 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321); or 
‘‘(B) any article, product, or commodity which is 
customarily produced or distributed for consumption by 
individuals, or use by individuals for purposes of per-
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sonal care or in the performance of services ordinarily 
rendered within the household, and which is designed 
to be consumed or expended in the course of such con-
sumption or use; and 
‘‘(2) the term ‘labeling’ has the meaning given such term 
in section 201(m) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 321(m)). 
‘‘§ 1205. Destruction of an energy facility 
‘‘(a) DAMAGE EXCEEDING $100,000.—Whoever knowingly 
and without authority— 
‘‘(1) damages the property of an energy facility in an 
amount that exceeds $100,000; or 
‘‘(2) damages the property of an energy facility in any 
amount and thereby causes a significant interruption or im-
pairment of a function of an energy facility; 
shall be imprisoned for not more than 20 years. 
‘‘(b) DAMAGE EXCEEDING $5,000.—Whoever knowingly and 
without authority damages the property of an energy facility in 
an amount that exceeds $5,000 shall be imprisoned for not 
more than five years. 
‘‘(c) DEFINITION.—As used in this section, the term ‘energy 
facility’ means a facility that is involved in the production, stor-
age, transmission, or distribution of electricity, fuel, or another 
form or source of energy, or research, development, or dem-
onstration facilities relating thereto, regardless of whether such 
facility is still under construction or is otherwise not func-
tioning, except a facility subject to the jurisdiction, administra-
tion, or in the custody of the Nuclear Regulatory Commission 
or an interstate gas pipeline facility as defined in section 60101 
of title 49. 
‘‘(d) INCREASED PUNISHMENT WHERE DEATH RESULTS.— 
Whoever is convicted of a violation of subsection (a) or (b) that 
has resulted in the death of any person shall be subject to im-
prisonment for any term of years or life. 
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‘‘§ 1206. Harming animals used in law enforce-
ment 
‘‘(a) OFFENSE.—Whoever maliciously harms any police ani-
mal shall be imprisoned not more than 1 year. If the offense 
permanently disables or disfigures the animal, or causes serious 
bodily injury to or the death of the animal, the maximum term 
of imprisonment shall be 10 years. 
‘‘(b) DEFINITION.—In this section, the term ‘police animal’ 
means a dog or horse employed by a Federal agency (whether 
in the executive, legislative, or judicial branch) for the principal 
purpose of aiding in the detection of criminal activity, enforce-
ment of laws, or apprehension of criminal offenders. 
‘‘§ 1207. Destruction of veterans’ memorials 
‘‘(a) OFFENSE.—Whoever, as made applicable by subsection 
(b), knowingly and without authority injures or destroys any 
structure, plaque, statue, or other monument on public prop-
erty commemorating the service of any person or persons in the 
armed forces of the United States shall be imprisoned not more 
than 10 years. 
‘‘(b) FEDERAL NEXUS.—Subsection (a) applies if— 
‘‘(1) in committing the offense, the defendant travels or 
causes another to travel in interstate or foreign commerce, 
or uses the mail or an instrumentality of interstate or for-
eign commerce; or 
‘‘(2) the structure, plaque, statue, or other monument is 
located on property owned by, or under the jurisdiction of, 
the Federal Government. 
‘‘SUBCHAPTER O—PUBLIC LANDS 
‘‘Sec. 
‘‘1211.
Timber removed or transported. 
‘‘1212.
Trees cut or injured. 
‘‘1213.
Timber set afire. 
‘‘1214.
Fires left unattended and unextinguished. 
‘‘1215.
Trespass on national forest lands. 
‘‘1216.
Hazardous or injurious devices on Federal lands. 
‘‘§ 1211. Timber removed or transported 
‘‘(a) OFFENSE.—Whoever knowingly and without author-
ity— 
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515 
‘‘(1) cuts or destroys any timber growing on the public 
lands of the United States; 
‘‘(2) removes any timber from those public lands, with 
intent to export or to dispose of that timber; or 
‘‘(3) being the owner, master, pilot, operator, or con-
signee of any vessel, motor vehicle, or aircraft or the owner, 
director, or agent of any railroad, knowingly transports any 
timber so cut or removed, or lumber manufactured from 
that timber; 
shall be imprisoned not more than one year. 
‘‘(b) EXCLUSION.—This section does not prevent any miner 
or agriculturist from clearing land in the ordinary working of 
the miner’s mining claim, or in the preparation of the 
agriculturalist’s farm for tillage, or from taking the timber nec-
essary to support improvements, or the taking of timber for the 
use of the United States; nor shall it interfere with or take 
away any right or privilege under any existing law of the 
United States to cut or remove timber from any public lands. 
‘‘§ 1212. Trees cut or injured 
‘‘Whoever knowingly and without authority cuts, injures, or 
destroys any tree growing, standing, or being upon any land of 
the United States which, in pursuance of law, has been re-
served or purchased by the United States for any public use, 
or upon any Indian reservation, or lands belonging to or occu-
pied by any tribe of Indians under the authority of the United 
States, or any Indian allotment while the title to the same shall 
be held in trust by the Government, or while the same shall re-
main inalienable by the allottee without the consent of the 
United States, shall be imprisoned not more than one year. 
‘‘§ 1213. Timber set afire 
‘‘(a) OFFENSE.—Whoever, knowingly and without authority, 
sets on fire any timber, underbrush, or grass or other inflam-
mable material upon the public domain or upon any lands 
owned or leased by or under the partial, concurrent, or exclu-
sive jurisdiction of the United States, or under contract for 
purchase or for the acquisition of which condemnation pro-
ceedings have been instituted, or upon any Indian reservation 
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or lands belonging to or occupied by any tribe or group of Indi-
ans under authority of the United States, or upon any Indian 
allotment while the title to the same shall be held in trust by 
the Government, or while the same shall remain inalienable by 
the allottee without the consent of the United States, shall be 
imprisoned not more than five years. 
‘‘(b) EXCLUSION.—This section does not apply in the case of 
a fire set by an allottee in the reasonable exercise of his propri-
etary rights in the allotment. 
‘‘§ 1214. Fires left unattended and unextinguished 
‘‘Whoever, having kindled or caused to be kindled, a fire in 
or near any forest, timber, or other inflammable material upon 
any lands owned, controlled or leased by, or under the partial, 
concurrent, or exclusive jurisdiction of the United States, in-
cluding lands under contract for purchase or for the acquisition 
of which condemnation proceedings have been instituted, and 
including any Indian reservation or lands belonging to or occu-
pied by any tribe or group of Indians under the authority of 
the United States, or any Indian allotment while the title to the 
same is held in trust by the United States, or while the same 
shall remain inalienable by the allottee without the consent of 
the United States, leaves said fire without totally extinguishing 
the same, or permits or suffers the fire to burn or spread be-
yond his control, or leaves or suffers the fire to burn unat-
tended, shall be imprisoned not more than six months. 
‘‘§ 1215. Trespass on national forest lands 
‘‘Whoever, without authority goes upon any national-forest 
land while it is closed to the public pursuant to lawful regula-
tion of the Secretary of Agriculture, shall be imprisoned not 
more than six months. 
‘‘§ 1216. Hazardous or injurious devices on Fed-
eral lands 
‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever— 
‘‘(1) with the intent to violate the Controlled Substances 
Act, 
‘‘(2) with the intent to obstruct or harass the harvesting 
of timber, or 
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517 
‘‘(3) with reckless disregard to the risk that another per-
son will be placed in danger of death or bodily injury and 
under circumstances manifesting extreme indifference to 
such risk, 
uses a hazardous or injurious device on Federal land, on an In-
dian reservation, or on an Indian allotment while the title to 
such allotment is held in trust by the United States or while 
such allotment remains inalienable by the allottee without the 
consent of the United States shall be punished under sub-
section (b). 
‘‘(b) PUNISHMENT.—An individual who violates subsection 
(a) shall— 
‘‘(1) if death of an individual results, be imprisoned for 
any term of years or for life; 
‘‘(2) if serious bodily injury to any individual results, be 
imprisoned for not more than 40 years; 
‘‘(3) if bodily injury to any individual results, be impris-
oned for not more than 20 years; 
‘‘(4) if damage to the property of any individual results 
or if avoidance costs have been incurred exceeding $10,000, 
in the aggregate, be imprisoned for not more than 20 
years; and 
‘‘(5) in any other case, be imprisoned for not more than 
one year. 
‘‘(c) INCREASED PUNISHMENT.—Any individual who is pun-
ished under subsection (b)(5) after one or more prior convic-
tions under any such subsection shall be imprisoned for not 
more than 20 years. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘hazardous or injurious device’ means a 
device, which when assembled or placed, is capable of caus-
ing bodily injury, or damage to property, by the action of 
any person making contact with such device subsequent to 
the assembly or placement. Such term includes guns at-
tached to trip wires or other triggering mechanisms, ammu-
nition attached to trip wires or other triggering mecha-
nisms, or explosive devices attached to trip wires or other 
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triggering mechanisms, sharpened stakes, lines or wires, 
lines or wires with hooks attached, nails placed so that the 
sharpened ends are positioned in an upright manner, or 
tree spiking devices including spikes, nails, or other objects 
hammered, driven, fastened, or otherwise placed into or on 
any timber, whether or not severed from the stump; and 
‘‘(2) the term ‘avoidance costs’ means costs incurred by 
any individual for the purpose of— 
‘‘(A) detecting a hazardous or injurious device; or 
‘‘(B) preventing death, serious bodily injury, bodily 
injury, or property damage likely to result from the use 
of a hazardous or injurious device in violation of sub-
section (a). 
‘‘(e) CIVIL ACTION.—Any person injured as the result of a 
violation of subsection (a) may commence a civil action on his 
own behalf against any person who is alleged to be in violation 
of subsection (a). The district courts shall have jurisdiction, 
without regard to the amount in controversy or the citizenship 
of the parties, in such civil actions. The court may award, in 
addition to monetary damages for any injury resulting from an 
alleged violation of subsection (a), costs of litigation, including 
reasonable attorney and expert witness fees, to any prevailing 
or substantially prevailing party, whenever the court determines 
such award is appropriate. 
‘‘SUBCHAPTER P—RESTRICTED BUILDING OR 
GROUNDS 
‘‘Sec. 
‘‘1221.
Restricted building or grounds. 
‘‘§ 1221. Restricted building or grounds 
‘‘(a) PROHIBITIONS.—Whoever— 
‘‘(1) knowingly enters or remains in any restricted build-
ing or grounds; 
‘‘(2) knowingly, and with intent to impede or disrupt the 
orderly conduct of Government business or official func-
tions, engages in disorderly or disruptive conduct in, or 
within such proximity to, any restricted building or grounds 
when, or so that, such conduct, in fact, impedes or disrupts 
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the orderly conduct of Government business or official 
functions; 
‘‘(3) knowingly obstructs or impedes ingress or egress to 
or from any restricted building, grounds; or 
‘‘(4) knowingly engages in any act of physical violence 
against any person or property in any restricted building 
or grounds; 
shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.—Violation of this section shall be pun-
ishable by— 
‘‘(1) imprisonment for not more than 10 years, if— 
‘‘(A) the person, during and in relation to the of-
fense, uses or carries a deadly or dangerous weapon or 
firearm; or 
‘‘(B) the offense results in significant bodily injury 
as defined by section 2118(e)(3); and 
‘‘(2) imprisonment for not more than one year, in any 
other case. 
‘‘(c) PLACE
OF PROSECUTION.—Violation of this section, 
and attempts or conspiracies to commit such violations, shall 
be prosecuted by the United States attorney in the Federal dis-
trict court having jurisdiction of the place where the offense oc-
curred. 
‘‘(d) EFFECT ON STATE LAW.—None of the laws of the 
United States or of the several States and the District of Co-
lumbia are superseded by this section. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘other person protected by the Secret Serv-
ice’ means any person whom the United States Secret Serv-
ice is authorized to protect under section 3056 of this title 
when such person has not declined such protection; and 
‘‘(2) the term ‘restricted buildings or grounds’ means a 
posted, cordoned off, or otherwise restricted area of a 
building or grounds— 
‘‘(A) where the President or other person protected 
by the Secret Service is or will be temporarily visiting; 
or 
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‘‘(B) so restricted in conjunction with an event des-
ignated as a special event of national significance. 
‘‘CHAPTER 31—INTERNATIONAL LAW CRIMES 
‘‘Subchapter 
Sec. 
‘‘A. Piracy and privateering ...................................................
1251 
‘‘B. Peonage, slavery, and trafficking in persons As-
sault ...............................................................................
1261 
‘‘C. Genocide .................................................................................
1281 
‘‘D. Torture ....................................................................................
1291 
‘‘E. War crimes .............................................................................
1296 
‘‘SUBCHAPTER A—PIRACY AND PRIVATEERING 
‘‘Sec. 
‘‘1251.
Piracy under law of nations. 
‘‘§ 1251. Piracy under law of nations 
‘‘Whoever, on the high seas, commits the crime of piracy as 
defined by the law of nations, and is afterwards brought into 
or found in the United States, shall be imprisoned for life. 
‘‘SUBCHAPTER B—PEONAGE, SLAVERY, AND 
TRAFFICKING IN PERSONS 
‘‘Sec. 
‘‘1261.
Peonage. 
‘‘1262.
Sale into involuntary servitude. 
‘‘1263.
Forced labor. 
‘‘1264.
Trafficking with respect to peonage, slavery, involuntary servitude, 
or forced labor. 
‘‘1265.
Sex trafficking of children or by force, fraud, or coercion. 
‘‘1266.
Unlawful conduct with respect to documents in furtherance of traf-
ficking, peonage, slavery, involuntary servitude, or forced labor. 
‘‘1267.
Civil remedy. 
‘‘§ 1261. Peonage 
‘‘Whoever holds or returns any person to a condition of peon-
age, or arrests any person with the intent of placing him in or 
returning him to a condition of peonage, shall be imprisoned 
not more than 20 years. If death results from the violation of 
this section, or if the violation includes kidnapping or an at-
tempt to kidnap, aggravated sexual abuse or the attempt to 
commit aggravated sexual abuse, or an attempt to kill, the de-
fendant shall be imprisoned for any term of years or life. 
‘‘§ 1262. Sale into involuntary servitude 
‘‘Whoever knowingly holds to involuntary servitude or sells 
into any condition of involuntary servitude, any other person 
for any term, or brings within the United States any person 
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521 
so held, shall be imprisoned not more than 20 years. If death 
results from the violation of this section, or if the violation in-
cludes kidnapping or an attempt to kidnap, aggravated sexual 
abuse or the attempt to commit aggravated sexual abuse, or an 
attempt to kill, the defendant shall be imprisoned for any term 
of years or life. 
‘‘§ 1263. Forced labor 
‘‘Whoever knowingly provides or obtains the labor or services 
of a person— 
‘‘(1) by threats of serious harm to, or physical restraint 
against, that person or another person; 
‘‘(2) by means of any scheme, plan, or pattern intended 
to cause the person to believe that, if the person did not 
perform such labor or services, that person or another per-
son would suffer serious harm or physical restraint; or 
‘‘(3) by means of the abuse or threatened abuse of law 
or the legal process, 
shall be imprisoned not more than 20 years. If death results 
from the violation of this section, or if the violation includes 
kidnapping or an attempt to kidnap, aggravated sexual abuse 
or the attempt to commit aggravated sexual abuse, or an at-
tempt to kill, the defendant shall be imprisoned for any term 
of years or life. 
‘‘§ 1264. Trafficking with respect to peonage, slav-
ery, involuntary servitude, or forced labor 
‘‘Whoever knowingly recruits, harbors, transports, provides, 
or obtains by any means, any person for labor or services in 
violation of this chapter shall be imprisoned not more than 20 
years. If death results from the violation of this section, or if 
the violation includes kidnapping or an attempt to kidnap, ag-
gravated sexual abuse, or the attempt to commit aggravated 
sexual abuse, or an attempt to kill, the defendant shall be im-
prisoned for any term of years or life. 
‘‘§ 1265. Sex trafficking of children or by force, 
fraud, or coercion 
‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever knowingly— 
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‘‘(1) in or affecting interstate or foreign commerce, or 
within the special maritime and territorial jurisdiction of 
the United States, recruits, entices, harbors, transports, 
provides, or obtains by any means a person; or 
‘‘(2) benefits, financially or by receiving anything of 
value, from participation in a venture which has engaged 
in an act described in violation of paragraph (1), 
knowing that force, fraud, or coercion described in subsection 
(c)(2) will be used to cause the person to engage in a commer-
cial sex act, or that the person has not attained the age of 18 
years and will be caused to engage in a commercial sex act, 
shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.—The punishment for an offense under 
subsection (a) is— 
‘‘(1) if the offense was effected by force, fraud, or coer-
cion or if the person recruited, enticed, harbored, trans-
ported, provided, or obtained had not attained the age of 
14 years at the time of such offense, by a fine under this 
title or imprisonment for any term of years or for life, or 
both; or 
‘‘(2) if the offense was not so effected, and the person 
recruited, enticed, harbored, transported, provided, or ob-
tained had attained the age of 14 years but had not at-
tained the age of 18 years at the time of such offense, by 
a fine under this title or imprisonment for not more than 
40 years, or both. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘commercial sex act’ means any sex act, 
on account of which anything of value is given to or re-
ceived by any person; 
‘‘(2) the term ‘coercion’ means— 
‘‘(A) threats of serious harm to or physical restraint 
against any person; 
‘‘(B) any scheme, plan, or pattern intended to cause 
a person to believe that failure to perform an act would 
result in serious harm to or physical restraint against 
any person; or 
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‘‘(C) the abuse or threatened abuse of law or the 
legal process; and 
‘‘(3) the term ‘venture’ means any group of two or more 
individuals associated in fact, whether or not a legal entity. 
‘‘§ 1266. Unlawful conduct with respect to docu-
ments in furtherance of trafficking, peon-
age, slavery, involuntary servitude, or 
forced labor 
‘‘(a) OFFENSE.—Whoever knowingly destroys, conceals, re-
moves, confiscates, or possesses any actual or purported pass-
port or other immigration document, or any other actual or 
purported government identification document, of another per-
son— 
‘‘(1) in the course of a violation of section 1261, 1262, 
1263, 1264, or 1265; 
‘‘(2) with intent to violate section 1261, 1262, 1263, 
1264, or 1265; or 
‘‘(3) to prevent or restrict or to attempt to prevent or 
restrict, without lawful authority, the person’s liberty to 
move or travel, in order to maintain the labor or services 
of that person, when the person is or has been a victim of 
a severe form of trafficking in persons, as defined in sec-
tion 103 of the Trafficking Victims Protection Act of 2000, 
shall be imprisoned for not more than 5 years. 
‘‘(b) EXCLUSION.—Subsection (a) does not apply to the con-
duct of a person who is or has been a victim of a severe form 
of trafficking in persons, as defined in section 103 of the Traf-
ficking Victims Protection Act of 2000, if that conduct is 
caused by, or incident to, that trafficking. 
‘‘§ 1267. Civil remedy 
‘‘(a) CIVIL ACTION.—An individual who is a victim of a vio-
lation of section 1263, 1264, or 1265 may bring a civil action 
against the perpetrator in an appropriate district court of the 
United States and may recover damages and reasonable attor-
neys fees. 
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‘‘(b) STAY.—(1) Any civil action filed under this section shall 
be stayed during the pendency of any criminal action arising 
out of the same occurrence in which the claimant is the victim. 
‘‘(2) In this subsection, a ‘criminal action’ includes investiga-
tion and prosecution and is pending until final adjudication in 
the trial court. 
‘‘SUBCHAPTER C—GENOCIDE 
‘‘Sec. 
‘‘1281.
Genocide. 
‘‘1282.
Definitions. 
‘‘§ 1281. Genocide 
‘‘(a) BASIC OFFENSE.—Whoever, whether in time of peace 
or in time of war, in a circumstance described in subsection (d) 
and with the specific intent to destroy, in whole or in substan-
tial part, a national, ethnic, racial, or religious group as such— 
‘‘(1) kills members of that group; 
‘‘(2) causes serious bodily injury to members of that 
group; 
‘‘(3) causes the permanent impairment of the mental fac-
ulties of members of the group through drugs, torture, or 
similar techniques; 
‘‘(4) subjects the group to conditions of life that are in-
tended to cause the physical destruction of the group in 
whole or in part; 
‘‘(5) imposes measures intended to prevent births within 
the group; or 
‘‘(6) transfers by force children of the group to another 
group; 
or attempts to do so, shall be punished as provided in sub-
section (b). 
‘‘(b) PUNISHMENT FOR BASIC OFFENSE.—The punishment 
for an offense under subsection (a) is— 
‘‘(1) in the case of an offense under subsection (a)(1), 
where death results, by death or imprisonment for life and 
a fine of not more than $1,000,000, or both; and 
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‘‘(2) a fine of not more than $1,000,000 or imprison-
ment for not more than twenty years, or both, in any other 
case. 
‘‘(c) INCITEMENT OFFENSE.—Whoever in a circumstance de-
scribed in subsection (d) directly and publicly incites another 
to violate subsection (a) shall be imprisoned not more than five 
years. 
‘‘(d) REQUIRED CIRCUMSTANCE FOR OFFENSES.—The cir-
cumstance referred to in subsections (a) and (c) is that— 
‘‘(1) the offense is committed within the United States; 
or 
‘‘(2) the alleged offender is a national of the United 
States (as defined in section 101 of the Immigration and 
Nationality Act (8 U.S.C. 1101)). 
‘‘(e) NONAPPLICABILITY OF CERTAIN LIMITATIONS.—Not-
withstanding section 3282 of this title, in the case of an offense 
under subsection (a)(1), an indictment may be found, or infor-
mation instituted, at any time without limitation. 
‘‘§ 1282. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘children’ means the plural and means in-
dividuals who have not attained the age of eighteen years; 
‘‘(2) the term ‘ethnic group’ means a set of individuals 
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 imminently causing such con-
duct; 
‘‘(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 individuals 
whose identity as such is distinctive in terms of physical 
characteristics or biological descent; 
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‘‘(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 destruction or loss 
of that part would cause the destruction 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. 
‘‘§ 1291. Torture 
‘‘(a) OFFENSE.—Whoever outside the United States commits 
or attempts to commit torture shall be imprisoned not more 
than 20 years and if death results to any person from conduct 
prohibited by this subsection, shall be punished by death or im-
prisoned 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 of-
fender. 
‘‘(c) CONSPIRACY.—A person who conspires to commit an of-
fense 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 con-
spiracy. 
‘‘§ 1292. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘torture’ means an act committed by a per-
son acting under the color of law specifically intended to 
inflict severe physical or mental pain or suffering (other 
than pain or suffering incidental to lawful sanctions) upon 
another person within his custody or physical control; and 
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‘‘(2) the term ‘severe mental pain or suffering’ means 
the prolonged mental harm caused by or resulting from— 
‘‘(A) the intentional infliction or threatened infliction 
of severe physical pain or suffering; 
‘‘(B) the administration or application, or threatened 
administration or application, of mind-altering sub-
stances or other procedures calculated to disrupt pro-
foundly 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 physical 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 cir-
cumstances described in subsection (b), shall be imprisoned 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 Immigration 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 inter-
national conventions signed at Geneva 12 August 1949, or 
any protocol to such convention to which the United States 
is a party; 
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‘‘(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 common Article 
3 (as defined in subsection (d)) when committed in the con-
text of and in association with an armed conflict not of an 
international character; or 
‘‘(4) of a person who, in relation to an armed conflict 
and contrary to the provisions of the Protocol on Prohibi-
tions or Restrictions on the Use of Mines, Booby-Traps and 
Other Devices as amended at Geneva on 3 May 1996 (Pro-
tocol 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 con-
duct (such conduct constituting a grave breach of common 
Article 3 of the international 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 lawful sanctions) upon another person 
within his custody or physical control for the purpose 
of obtaining information or a confession, punishment, 
intimidation, coercion, or any reason based on discrimi-
nation of any kind. 
‘‘(B) CRUEL OR INHUMAN TREATMENT.—The act of 
a person who commits an act intended to inflict severe 
or serious physical or mental pain or suffering (other 
than pain or suffering incidental to lawful sanctions), 
including serious physical abuse, upon another within 
his custody or control. 
‘‘(C) PERFORMING BIOLOGICAL EXPERIMENTS.—The 
act of a person who subjects one or more persons with-
in his custody or physical control to biological experi-
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ments without a legitimate medical or dental purpose 
and in so doing endangers the body or health of such 
person or persons. 
‘‘(D) MURDER.—The act of a person who inten-
tionally kills or kills whether intentionally or uninten-
tionally in the course of committing any other offense 
under this subsection, one or more persons taking no 
active part in the hostilities, including those placed out 
of combat by sickness, wounds, detention, or any other 
cause. 
‘‘(E) MUTILATION OR MAIMING.—The act of a per-
son who intentionally injures or injures whether inten-
tionally or unintentionally in the course of committing 
any other offense under this subsection, one or more 
persons taking no active part in the hostilities, includ-
ing those 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, with-
out any legitimate medical or dental purpose. 
‘‘(F) INTENTIONALLY CAUSING SERIOUS BODILY IN-
JURY.—The act of a person who intentionally 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 penetrating, 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 persons to engage in sexual contact. 
‘‘(I) TAKING HOSTAGES.—The act of a person who, 
having knowingly seized or detained one or more per-
sons, threatens to kill, injure, or continue to detain 
such person or persons with the intent of compelling 
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any nation, person other than the hostage, or group of 
persons to act or refrain from acting as an explicit or 
implicit condition for the safety or release of such per-
son or persons. 
‘‘(2) DEFINITIONS.—In the case of an offense under sub-
section (a) by reason of subsection (c)(3)— 
‘‘(A) the term ‘severe mental pain or suffering’ shall 
be applied for purposes of paragraphs (1)(A) and 
(1)(B) in accordance with the meaning given that term 
in section 2340(2) of this title; 
‘‘(B) the term ‘serious bodily injury’ shall be applied 
for purposes of paragraph (1)(F) in accordance with 
the meaning given that term in section 113(b)(2) of 
this title; 
‘‘(C) the term ‘sexual contact’ shall be applied for 
purposes of paragraph (1)(G) in accordance with the 
meaning given that term in section 2246(3) of this 
title; 
‘‘(D) the term ‘serious physical pain or suffering’ 
shall be applied for purposes of paragraph (1)(B) as 
meaning bodily injury that involves— 
‘‘(i) a substantial risk of death; 
‘‘(ii) extreme physical pain; 
‘‘(iii) a burn or physical disfigurement of a seri-
ous nature (other than cuts, abrasions, or bruises); 
or 
‘‘(iv) significant loss or impairment of the func-
tion of a bodily member, organ, or mental faculty; 
and 
‘‘(E) the term ‘serious mental pain or suffering’ shall 
be applied for purposes of paragraph (1)(B) in accord-
ance with the meaning given the term ‘severe mental 
pain or suffering’ (as defined in section 2340(2) of this 
title), except that— 
‘‘(i) the term ‘serious’ shall replace the term ‘se-
vere’ where it appears; and 
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‘‘(ii) as to conduct occurring after the date of the 
enactment of the Military Commissions 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 appears. 
‘‘(3) INAPPLICABILITY
OF
CERTAIN
PROVISIONS
WITH 
RESPECT TO COLLATERAL DAMAGE OR INCIDENT OF LAW-
FUL ATTACK.—The intent specified for the conduct stated 
in subparagraphs (D), (E), and (F) or paragraph (1) pre-
cludes the applicability of those subparagraphs to an of-
fense 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 PRIS-
ONER EXCHANGE.—Paragraph (1)(I) does not apply to an 
offense under subsection (a) by reason of subsection (c)(3) 
in the case of a prisoner exchange during wartime. 
‘‘(5) DEFINITION OF GRAVE BREACHES.—The definitions 
in this subsection are intended only to define 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 pun-
ished as provided in subsection (b). 
‘‘(b) PENALTY.—Whoever violates subsection (a) shall be im-
prisoned not more than 20 years, and, if death of any person 
results, shall be imprisoned for any term of years or for life. 
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‘‘(c) JURISDICTION.—There is jurisdiction over an offense 
described in subsection (a), and any attempt or conspiracy to 
commit such offense, if— 
‘‘(1) the alleged offender is a national of the United 
States (as defined in section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien 
lawfully admitted for permanent residence in the United 
States (as defined in section 101(a)(20) of such Act (8 
U.S.C. 1101(a)(20)); 
‘‘(2) the alleged offender is a stateless person whose ha-
bitual residence is in the United States; 
‘‘(3) the alleged offender is present in the United States, 
irrespective of the nationality of the alleged offender; or 
‘‘(4) the offense occurs in whole or in part within the 
United States. 
‘‘(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, in-
cluding transporting supplies or providing other serv-
ices. 
‘‘(2) ARMED FORCE OR GROUP.—The term ‘armed force 
or group’ means any army, militia, or other military orga-
nization, whether or not it is state-sponsored, excluding any 
group assembled solely for nonviolent political association. 
‘‘CHAPTER 33—TRANSPORTATION RELATED 
CRIMES 
‘‘Subchapter 
Sec. 
‘‘A. Aircraft and motor vehicles ............................................
1301 
‘‘B. Roalroads ...............................................................................
1331 
‘‘C. Seamen and stowaways ....................................................
1341 
‘‘D. Shipping .................................................................................
1351 
‘‘SUBCHAPTER A—AIRCRAFT AND MOTOR VEHICLES 
‘‘Sec. 
‘‘1301.
Destruction of aircraft or aircraft facilities. 
‘‘1302.
Destruction of motor vehicles or motor vehicle facilities. 
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‘‘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 for-
eign 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 facili-
ties 
‘‘(a) IN GENERAL.—Whoever knowingly without authority— 
‘‘(1) sets fire to, damages, destroys, disables, or wrecks 
any aircraft in the special aircraft jurisdiction of the 
United States or any civil aircraft used, operated, or em-
ployed in interstate, overseas, or foreign 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 aircraft, or any part or other ma-
terials used or intended to be used in connection with the 
operation of such aircraft, if such placing or causing to be 
placed or such making or causing to be made is likely to 
endanger the safety of any such aircraft; 
‘‘(3) sets fire to, damages, destroys, or disables any air 
navigation facility, or interferes by force or violence with 
the operation of such facility, if such fire, damaging, de-
stroying, disabling, or interfering is likely to endanger the 
safety of any such aircraft in flight; 
‘‘(4) with the intent to damage, destroy, or disable any 
such aircraft, sets fire to, damages, destroys, or disables or 
places a destructive device or substance in, upon, or in 
proximity to, any appliance or structure, ramp, landing 
area, property, machine, or apparatus, or any facility or 
other material used, or intended to be used, in connection 
with the operation, maintenance, loading, unloading or 
storage of any such aircraft or any cargo carried or in-
tended to be carried on any such aircraft; 
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‘‘(5) interferes with or disables, with intent to endanger 
the safety of any person or with a reckless disregard for 
the safety of human life, anyone engaged in the authorized 
operation of such aircraft or any air navigation facility aid-
ing in the navigation of any such aircraft; 
‘‘(6) performs an act of violence against or incapacitates 
any individual on any such aircraft, if such act of violence 
or incapacitation is likely to endanger the safety of such 
aircraft; or 
‘‘(7) communicates information, knowing the information 
to be false and under circumstances in which such informa-
tion may reasonably be believed, thereby endangering the 
safety of any such aircraft in flight, 
shall be imprisoned not more than 20 years. 
‘‘(b) OTHER CIVIL AIRCRAFT.—Whoever knowingly— 
‘‘(1) performs an act of violence against any individual 
on board any civil aircraft registered in a country other 
than the United States while such aircraft is in flight, if 
such act is likely to endanger the safety of that aircraft; 
‘‘(2) destroys a civil aircraft registered in a country other 
than the United States while such aircraft is in service or 
causes damage to such an aircraft which renders that air-
craft incapable of flight or which is likely to endanger that 
aircraft’s safety in flight; or 
‘‘(3) places or causes to be placed on a civil aircraft reg-
istered in a country other than the United 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 endanger 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 na-
tional of the United States; or an offender is afterwards found 
in the United States. 
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‘‘(c) THREATS.—Whoever knowingly imparts or conveys any 
threat to do an act which would violate any of paragraphs (1) 
through (5) of subsection (a) or any of paragraphs (1) through 
(3) of subsection (b) of this section, with an apparent deter-
mination and will to carry the threat into execution shall be im-
prisoned not more than five years. 
‘‘§ 1302. Destruction of motor vehicles or motor 
vehicle facilities 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly, with intent to endanger the safety of any 
person on board or anyone who he believes will board the 
same, or with a reckless disregard for the safety of human 
life, damages, disables, 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 vehicle which 
is used, operated, or employed in interstate or foreign com-
merce, or its cargo or material used or intended to be used 
in connection with its operation; 
‘‘(2) knowingly, with like intent, damages, disables, de-
stroys; 
‘‘(3) sets fire to, tampers with, or places or causes to be 
placed any explosive or other destructive substance in, 
upon, or in proximity to any garage, terminal, structure, 
supply, or facility used in the operation of, or in support 
of the operation of, motor vehicles engaged in interstate or 
foreign commerce or otherwise makes or causes such prop-
erty to be made unworkable, unusable, or hazardous to 
work or use; or 
‘‘(4) with like intent, knowingly disables or incapacitates 
any driver or person employed in connection with the oper-
ation or maintenance of the motor vehicle, or in any way 
lessens the ability of such person to perform his duties as 
such; 
shall be imprisoned not more than 20 years. 
‘‘(b) INCREASED PENALTY.—Whoever is convicted of a viola-
tion of subsection (a) involving a motor vehicle that, at the 
time the violation occurred, carried high-level radioactive waste 
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(as that term is defined in section 2(12) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10101(12))) or spent nuclear 
fuel (as that term is defined in section 2(23) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be im-
prisoned 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 sub-
chapter, which has resulted in the death of any person, shall 
be subject also to the death penalty or to imprisonment 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 attempt or alleged 
attempt being made or to be made, to do any act which would 
be a crime prohibited by this subchapter or subchapter B or 
D of this chapter shall be subject 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, imparts or con-
veys 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 prohibited by this subchapter or subchapter 
B or D of this chapter 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 person 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 disrupts the services of the 
airport, 
shall be imprisoned not more than 20 years. 
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‘‘(b) JURISDICTION.—There is jurisdiction over the prohib-
ited activity in subsection (a) if— 
‘‘(1) the prohibited activity takes place in the United 
States; or 
‘‘(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 prosecu-
tion under subsection (a) for conduct that occurred within the 
United States that the conduct involved was during or in rela-
tion to a labor dispute, and such conduct is prohibited as a fel-
ony 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 Nor-
ris-LaGuardia Act, as amended (29 U.S.C. 113(c)). 
‘‘§ 1306. Fraud involving aircraft or space vehicle 
parts in interstate or foreign commerce 
‘‘(a) OFFENSES.—Whoever, in or affecting interstate or for-
eign commerce, knowingly and with the intent to defraud— 
‘‘(1)(A) falsifies or conceals a material fact concerning 
any aircraft or space vehicle part; 
‘‘(B) makes any materially fraudulent representation 
concerning any aircraft or space vehicle part; or 
‘‘(C) makes or uses any materially false writing, entry, 
certification, document, record, data plate, label, or elec-
tronic communication concerning any aircraft or space ve-
hicle 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 representation, document, record, 
certification, depiction, data plate, label, or electronic com-
munication; 
shall be punished as provided in subsection (b). 
‘‘(b) PENALTIES.—The punishment for an offense under 
subsection (a) is as follows: 
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‘‘(1) AVIATION QUALITY.—If the offense relates to the 
aviation quality of a part and the part is installed 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 REPRESENTED.—If, by 
reason of the failure of the part to operate as represented, 
the part to which the offense is related is the proximate 
cause of a malfunction or failure that results in serious 
bodily injury, a fine of not more than $1,000,000, impris-
onment 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 represented, the part 
to which the offense is related is the proximate cause of a 
malfunction or failure that results in the death of any per-
son, 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, imprison-
ment for not more than 10 years, or both. 
‘‘(5) ORGANIZATIONS.—If the offense is committed 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.— 
‘‘(1) IN GENERAL.—The district courts of the United 
States shall have jurisdiction to prevent and restrain viola-
tions of this section by issuing appropriate orders, includ-
ing— 
‘‘(A) ordering a person (convicted of an offense 
under this section) to divest any interest, direct or indi-
rect, in any enterprise used to commit or facilitate the 
commission of the offense, or to destroy, or to mutilate 
and sell as scrap, aircraft material or part inventories 
or stocks; 
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‘‘(B) imposing reasonable restrictions on the future 
activities or investments of any such person, including 
prohibiting engagement in the same type of endeavor 
as used to commit the offense; and 
‘‘(C) ordering the dissolution or reorganization of 
any enterprise knowingly used to commit or facilitate 
the commission of an offense under this section making 
due provisions for the rights and interests of innocent 
persons. 
‘‘(2) RESTRAINING ORDERS AND PROHIBITION.—Pending 
final determination of a proceeding brought under this sec-
tion, the court may enter such restraining orders or prohi-
bitions, or take such other actions (including the accept-
ance of satisfactory performance bonds) as the court deems 
proper. 
‘‘(3) ESTOPPEL.—A final judgment rendered in favor of 
the United States in any criminal proceeding brought 
under this section shall stop the defendant from denying 
the essential allegations of the criminal offense in any sub-
sequent civil proceeding brought by the United States. 
‘‘(e) TERRITORIAL SCOPE.—This section also applies to con-
duct 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 orga-
nization organized under the laws of the United States or 
political subdivision thereof; 
‘‘(2) the aircraft or spacecraft part as to which the viola-
tion relates was installed in an aircraft or space vehicle 
owned or operated at the time of the offense by a citizen 
or permanent resident alien of the United States, or by an 
organization thereof; or 
‘‘(3) an act in furtherance of the offense was committed 
in the United States. 
‘‘§ 1307. Aircraft piracy 
‘‘(a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) For the 
purposes of this subsection— 
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‘‘(A) the term ‘aircraft piracy’ means seizing or exer-
cising control of an aircraft in the special aircraft jurisdic-
tion of the United States by force, violence, threat of force 
or violence, or any form of intimidation, and with wrongful 
intent; and 
‘‘(B) an attempt to commit aircraft piracy is in the spe-
cial 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 com-
pleted. 
‘‘(2) Whoever commits aircraft piracy shall be imprisoned for 
not less than 20 years. 
‘‘(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) Who-
ever commits an offense (as defined in the Convention for the 
Suppression of Unlawful Seizure of Aircraft) 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 extrateritorial jurisdiction over the offense in 
paragraph (1) if— 
‘‘(A) a national of the United States was aboard the air-
craft; 
‘‘(B) an offender is a national of the United States; or 
‘‘(C) an offender is afterwards found in the United 
States. 
‘‘§ 1308. Interference with flight crew members 
and attendants 
‘‘An individual on an aircraft in the special aircraft jurisdic-
tion of the United States who, by assaulting or intimidating a 
flight crew member or flight attendant of the aircraft, inter-
feres with the performance of the duties of the member or at-
tendant or lessens the ability of the member or attendant to 
perform those duties, shall be imprisoned 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. 
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‘‘§ 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 pro-
jectile through an explosive, that has a cartridge, 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 individual— 
‘‘(1) when on, or attempting to get on, an aircraft in, or 
intended for operation in, air transportation or intrastate 
air transportation, has on or about the individual or the 
property of the individual a concealed dangerous weapon 
that is or would be accessible to the individual in flight; 
‘‘(2) has placed, attempted to place, or attempted to 
have placed a loaded firearm on that aircraft in property 
not accessible to passengers in flight; or 
‘‘(3) has on or about the individual, or has placed, at-
tempted to place, or attempted to have placed on that air-
craft, an explosive or incendiary device. 
‘‘(c) CRIMINAL
PENALTY
INVOLVING
DISREGARD
FOR 
HUMAN LIFE.—An individual who willfully and without 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 imprisoned 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 political sub-
division of a State, or an officer or employee 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 Secretary of Trans-
portation for Security by regulation authorizes to carry a 
dangerous weapon in air transportation or intrastate air 
transportation; or 
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‘‘(3) an individual transporting a weapon (except a load-
ed 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 jurisdic-
tion of the United States who commits an act that— 
‘‘(1) if committed in the special maritime and territorial 
jurisdiction of the United States (as defined in section 7 
of title 18) would violate section 102, 111, 141, 650, 651, 
or subchapter A of chapter 13, shall be imprisoned under 
that section or chapter; or 
‘‘(2) if committed in the District of Columbia would vio-
late 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 1307, 
the following definitions apply: 
‘‘(1) AIRCRAFT.—The term ‘aircraft’ means a civil, mili-
tary, 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 manufactured, constructed, pro-
duced, maintained, repaired, overhauled, rebuilt, recondi-
tioned, or restored in conformity with applicable standards 
specified by law (including applicable regulations). 
‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘destructive 
substance’ means an explosive substance, flammable mate-
rial, infernal machine, or other chemical, mechanical, or ra-
dioactive 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 ex-
ternal doors of an aircraft are closed following embar-
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kation 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 responsibility for the aircraft 
and the persons and property on board. 
‘‘(5) IN SERVICE.—The term ‘in service’ means— 
‘‘(A) any time from the beginning of preflight prepa-
ration of an aircraft by ground personnel or by the 
crew for a specific flight until 24 hours after any land-
ing; and 
‘‘(B) in any event includes the entire period during 
which the aircraft is in flight. 
‘‘(6) MOTOR VEHICLE.—The term ‘motor vehicle’ means 
every description of carriage or other contrivance propelled 
or drawn by mechanical power and used for commercial 
purposes on the highways in the transportation of pas-
sengers, 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 unmanned, designed 
for operation beyond the Earth’s atmosphere. 
‘‘(9) USED
FOR
COMMERCIAL
PURPOSES.—The term 
‘used for commercial purposes’ means the carriage of per-
sons or property for any fare, fee, rate, charge or other 
consideration, or directly or indirectly in connection with 
any business, or other undertaking intended for profit. 
‘‘(b) TERMS DEFINED IN OTHER LAW.—In this subchapter, 
the terms ‘aircraft engine’, ‘air navigation facility’, ‘appliance’, 
‘civil aircraft’, ‘foreign air commerce’, ‘interstate air com-
merce’, ‘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. 
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‘‘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 
transportation systems on land, on water, 
or through the air 
‘‘(a) GENERAL PROHIBITIONS.—Whoever, as made applica-
ble by subsection (c), knowingly and without lawful authority— 
‘‘(1) wrecks, derails, sets fire to, or disables railroad on- 
track equipment or a mass transportation vehicle; 
‘‘(2) places any biological agent or toxin, destructive sub-
stance, or destructive device in, upon, or near railroad on- 
track equipment or a mass transportation vehicle with in-
tent to endanger the safety of any person, or with a reck-
less disregard for the safety of human life; 
‘‘(3) places or releases a hazardous material or a biologi-
cal agent or toxin on or near any property described in sub-
paragraph (A) or (B) of paragraph (4), with intent to en-
danger the safety of any person, or with reckless disregard 
for the safety of human life; 
‘‘(4) sets fire to, undermines, makes unworkable, unus-
able, or hazardous to work on or use, or places any biologi-
cal agent or toxin, destructive substance, or destructive de-
vice in, upon, or near any— 
‘‘(A) tunnel, bridge, viaduct, trestle, track, electro-
magnetic guideway, signal, station, depot, warehouse, 
terminal, or any other way, structure, property, or ap-
purtenance used in the operation of, or in support of 
the operation of, a railroad carrier, and with intent to, 
or knowing or having reason to know, such activity 
would likely, derail, disable, or wreck railroad on-track 
equipment; or 
‘‘(B) garage, terminal, structure, track, electro-
magnetic guideway, supply, or facility used in the oper-
ation of, or in support of the operation of, a mass 
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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 other-
wise impairs the operation of a railroad signal system or 
mass transportation signal or dispatching 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 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 in-
jury to any person who is on property described in subpara-
graph (A) or (B) of paragraph (4); 
‘‘(8) surveils, photographs, videotapes, diagrams, or oth-
erwise collects information with the intent to plan or assist 
in planning any of the acts described in paragraphs (1) 
through (6); 
‘‘(9) conveys false information, knowing the information 
to be false, concerning an attempt or alleged attempt to en-
gage in a violation of this subsection; 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 imprisoned 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 circumstance in 
which— 
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‘‘(1) the railroad on-track equipment or mass transpor-
tation vehicle was carrying a passenger or employee at the 
time of the offense; 
‘‘(2) the railroad on-track equipment or mass transpor-
tation vehicle was carrying high-level radioactive waste or 
spent nuclear fuel at the time of the offense; or 
‘‘(3) the offense was committed with the intent to endan-
ger the safety of any person, or with a reckless 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 Federal 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 num-
ber 1, 2, or 7 under the hazardous materials table of 
section 172.101 of title 49, Code of Federal Regula-
tions, 
shall be imprisoned for any term of years or life, and if the of-
fense resulted in the death of any person, the person may be 
sentenced to death. 
‘‘(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 conspiracy 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 transports materials 
across a State line in aid of the commission of the offense. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘biological agent’ has the meaning given to 
that term in section 178(1); 
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‘‘(2) the term ‘dangerous weapon’ means a weapon, de-
vice, instrument, material, or substance, animate or inani-
mate, that is used for, or is readily capable of, causing 
death or serious bodily injury, including 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 meaning given 
to that term in section 921(a)(4); 
‘‘(4) the term ‘destructive substance’ means an explosive 
substance, flammable material, infernal machine, or other 
chemical, mechanical, or radioactive device or material, or 
matter of a combustible, contaminative, corrosive, or explo-
sive 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 (42 U.S.C. 10101(12)); 
‘‘(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 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, freight or passenger 
car, or other on-track equipment used, operated, or em-
ployed by a railroad carrier; 
‘‘(10) the term ‘railroad’ has the meaning given to that 
term in chapter 201 of title 49; 
‘‘(11) the term ‘railroad carrier’ has the meaning given 
to that term in chapter 201 of title 49; 
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‘‘(12) the term ‘serious bodily injury’ has the meaning 
given to that term in section 1365; 
‘‘(13) the term ‘spent nuclear fuel’ has the meaning 
given to that term in section 2(23) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10101(23)); 
‘‘(14) the term ‘toxin’ has the meaning given to that 
term in section 178(2); and 
‘‘(15) the term ‘vehicle’ means any carriage or other con-
trivance 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 sea-
men 
‘‘Whoever, being a master, officer, radio operator, seaman, 
apprentice or other person employed on any merchant vessel, 
by willful breach of duty, or by reason of drunkenness, does 
any act tending to the immediate loss or destruction of, or seri-
ous damage to, such vessel, or 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 
proper and requisite to be done by him for preserving such ves-
sel from immediate loss, destruction, or serious damage, 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 
document 
‘‘Whoever— 
‘‘(1) not being lawfully entitled thereto, uses, exhibits, or 
attempts to use or exhibit, or, with intent unlawfully to use 
the same, receives or possesses any certificate, license, or 
document issued to vessels, or officers or seamen by any of-
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ficer or employee 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, interpola-
tion, deletion, or erasure; 
‘‘(3) forges, counterfeits, or steals, or attempts to forge, 
counterfeit, or steal, any such certificate, license, or docu-
ment; or unlawfully possesses or knowingly uses any such 
altered, changed, forged, counterfeit, or stolen certificate, 
license, or document; 
‘‘(4) without authority, prints or manufactures any blank 
form of such certificate, license, or document, or Whoever 
possesses without lawful excuse, and with intent unlawfully 
to use the same, any blank form of such certificate, license, 
or document; or 
‘‘(5) 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 certifi-
cate, license, or document, 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 vessel, 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, 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 within the jurisdiction of the United 
States; or 
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‘‘(3) with intent to obtain a ride or transportation, 
boards or enters any aircraft owned or operated by the 
United States without the consent of the person in com-
mand 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 person other than a participant 
as a result of the offense shall be imprisoned not more than 
20 years; and 
‘‘(2) if an individual commits an offense under this sec-
tion, with the intent to cause death, and if the death of any 
person other than a participant occurs 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 
commerce. 
‘‘1347.
Violence against aids to maritime navigation. 
‘‘1348.
Transportation of explosive, biological, chemical, or radioactive or 
nuclear materials. 
‘‘1349.
Transportation of terrorists. 
‘‘1350.
Operation of submersible vessel or semi-submersible vessel without 
nationality. 
‘‘§ 1345. Violence against maritime navigation 
‘‘(a) OFFENSES.— 
‘‘(1) IN GENERAL.—A person who unlawfully and inten-
tionally— 
‘‘(A) seizes or exercises control over a ship by force 
or threat thereof or any other form of intimidation; 
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‘‘(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 endanger the safe naviga-
tion of that ship; 
‘‘(D) places or causes to be placed on a ship, by any 
means whatsoever, a device or substance 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 navigation of that ship; 
‘‘(E) destroys or seriously damages maritime naviga-
tional facilities or seriously interferes with their oper-
ation, if such act is likely to endanger the safe naviga-
tion of a ship; 
‘‘(F) communicates information, knowing the infor-
mation to be false and under circumstances in which 
such information may reasonably be believed, thereby 
endangering the safe navigation of a ship; or 
‘‘(G) injures or kills any person in connection with 
the commission or the attempted commission of any of 
the offenses set forth in subparagraphs (A) through 
(F), 
shall be imprisoned not more than 20 years; and if the 
death of any person results from conduct prohibited 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 (1)(B), (C) or 
(E), with apparent determination and will to carry the 
threat into execution, if the threatened act is likely to en-
danger 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— 
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‘‘(i) against or on board a ship flying the flag of 
the United States at the time the prohibited activ-
ity is committed; 
‘‘(ii) in the United States; or 
‘‘(iii) by a national of the United States or by a 
stateless person whose habitual residence is in the 
United States; 
‘‘(B) during the commission of such activity, a na-
tional of the United States is seized, threatened, in-
jured 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 scheduled to 
navigate solely within the territorial sea or internal waters 
of a country other than the United 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 com-
mitted 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 prosecu-
tion under subsection (a) for conduct that occurred within the 
United States that the conduct involved was during or in rela-
tion to a labor dispute, and such conduct is prohibited as a fel-
ony under the law of the State in which it was committed. For 
purposes of this section, the term ‘labor dispute’ has the mean-
ing set forth in section 13(c) of the Norris-LaGuardia Act (29 
U.S.C. 113(c)). 
‘‘(d) DELIVERY OF SUSPECTED OFFENDER.—The master of 
a covered ship flying the flag of the United States who has rea-
sonable 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 Suppression of Unlawful Acts Against the 
Safety of Maritime Navigation may deliver such person to the 
authorities of a State Party to that Convention. Before deliv-
ering such person to the authorities of another country, the 
master shall notify in an appropriate manner the Attorney 
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General of the United States of the alleged offense and await 
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, whenever prac-
ticable, and if possible before entering the territorial sea of 
such country, notify the authorities of such country of the mas-
ter’s intention to deliver such person and the reasons therefor. 
If the master delivers such person, the master shall furnish to 
the authorities of such country the evidence in the master’s 
possession that pertains to the alleged offense. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘covered ship’ means a ship that is navi-
gating or is scheduled to navigate into, through or from 
waters beyond the outer limit of the territorial sea of a sin-
gle 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 whatso-
ever not permanently attached to the sea-bed, including dy-
namically supported craft, submersibles or any other float-
ing craft, but does not include a warship, a ship owned or 
operated by a government when being used as a naval aux-
iliary or for customs or police purposes, or a ship which has 
been withdrawn from navigation or laid up. 
‘‘§ 1346. Devices or dangerous substances in wa-
ters of the United States likely to destroy 
or damage ships or to interfere with mari-
time commerce 
‘‘(a) OFFENSE.—Whoever knowingly places in navigable wa-
ters 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 navigation of 
vessels, or interference with maritime commerce (such as 
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by damaging or destroying marine terminals, facilities, or 
any other marine structure or entity used in maritime com-
merce); 
with the intent of causing such destruction or damage, inter-
ference with the safe navigation of vessels, or interference 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 engaging 
in conduct prohibited under subsection (a) may be punished by 
death. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to apply to otherwise lawfully authorized and con-
ducted activities of the United States Government. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘dangerous substance’ means any solid, liq-
uid, or gaseous material that has the capacity 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 damage to a vessel or its cargo, 
or cause interference with the safe navigation of a vessel. 
‘‘§ 1347. Violence against aids to maritime naviga-
tion 
‘‘Whoever intentionally destroys, seriously damages, alters, 
moves, or tampers with any aid to maritime navigation main-
tained by the Saint Lawrence Seaway Development Corporation 
under the authority of section 4 of the Act of May 13, 1954 
(33 U.S.C. 984), 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 to endanger the safe navigation of a ship, 
shall imprisoned for not more than 20 years. 
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‘‘§ 1348. Transportation of explosive, biological, 
chemical, or radioactive or nuclear mate-
rials 
‘‘(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 vessel outside the 
United States and on the high seas or having United States na-
tionality an explosive or incendiary device, biological agent, 
chemical weapon, or radioactive or nuclear material, knowing 
that any such item is intended to be used to commit an offense 
listed in section 273(h)(3)(B), shall be imprisoned for any term 
of years or for life. 
‘‘(b) CAUSING DEATH.—Whoever causes the death of a per-
son 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 178). 
‘‘(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 (42 U.S.C. 2014(e)). 
‘‘(3) CHEMICAL WEAPON.—The term ‘chemical weapon’ 
has the meaning given that term in section 229F(1). 
‘‘(4) EXPLOSIVE
OR
INCENDIARY
DEVICE.—The term 
‘explosive or incendiary device’ has the meaning given the 
term in section 232(5) and includes explosive materials, as 
that term is defined in section 841(c) and explosive as de-
fined in section 844(j). 
‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear material’ 
has the meaning given that term in section 831(f)(1). 
‘‘(6) RADIOACTIVE
MATERIAL.—The term ‘radioactive 
material’ means— 
‘‘(A) source material and special nuclear material, 
but does not include natural or depleted uranium; 
‘‘(B) nuclear by-product material; 
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‘‘(C) material made radioactive by bombardment 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 (42 U.S.C. 2014(z)). 
‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term ‘special 
nuclear material’ has the meaning given that term in sec-
tion 11(aa) of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(aa)). 
‘‘§ 1349. Transportation of terrorists 
‘‘(a) IN GENERAL.—Whoever knowingly and intentionally 
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 nationality, knowing that the 
transported person is a terrorist, shall be imprisoned for any 
term of years or for life. 
‘‘(b) DEFINED TERM.—In this section, the term ‘terrorist’ 
means any person who intends to commit, or is avoiding appre-
hension after having committed, an offense listed under section 
2332b(g)(5)(B). 
‘‘§ 1350. Operation of submersible vessel or semi- 
submersible 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 navi-
gated 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, with the in-
tent to evade detection, shall be imprisoned not more than 15 
years. 
‘‘(b) EVIDENCE OF INTENT TO EVADE DETECTION.—For 
purposes of subsection (a), the presence of any of the indicia 
described in paragraph (1)(A), (E), (F), or (G), or in para-
graph (4), (5), or (6), of section 70507(b) of title 46 may be 
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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 na-
tionality or registry under this section includes only— 
‘‘(1) possession on board the vessel and production 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 mas-
ter 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), which the de-
fendant 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 lawfully reg-
istered in a foreign nation as claimed by the master or 
individual in charge of the vessel when requested to 
make a claim by an officer of the United States author-
ized to enforce applicable provisions of United States 
law; 
‘‘(B) classed by and designed in accordance with the 
rules of a classification society; 
‘‘(C) lawfully operated in government-regulated or li-
censed activity, including commerce, research, or explo-
ration; or 
‘‘(D) equipped with and using an operable automatic 
identification system, vessel monitoring system, or long 
range identification and tracking system. 
‘‘(2) PRODUCTION OF DOCUMENTS.—The affirmative de-
fenses provided by this subsection are proved conclusively 
by the production of— 
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‘‘(A) government documents evidencing the vessel’s 
nationality at the time of the offense, as provided in ar-
ticle 5 of the 1958 Convention on the High Seas; 
‘‘(B) a certificate of classification issued by the ves-
sel’s classification society upon completion of relevant 
classification surveys and valid at the time of the of-
fense; or 
‘‘(C) government documents evidencing licensure, 
regulation, or registration for commerce, research, or 
exploration. 
‘‘(f) FEDERAL ACTIVITIES EXCEPTED.—Nothing in this sec-
tion applies to lawfully authorized activities carried out by or 
at the direction of the United States Government. 
‘‘(g) APPLICABILITY
OF
OTHER
PROVISIONS.—Sections 
70504 and 70505 of title 46 apply to offenses under this sec-
tion in the same manner as they apply to offenses under sec-
tion 70503 of such title. 
‘‘(h) DEFINITIONS.—In this section, the terms ‘submersible 
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 INTER-
FERENCE WITH, VESSELS OR MARITIME FACILI-
TIES 
‘‘Sec. 
‘‘1351.
Jurisdiction and scope. 
‘‘1352.
Destruction of vessel or maritime facility. 
‘‘1353.
Imparting or conveying false information. 
‘‘1354.
Bar to prosecution. 
‘‘1355.
Bribery affecting port security. 
‘‘§ 1351. Jurisdiction and scope 
‘‘(a) 
JURISDICTION.—There 
is 
jurisdiction, 
including 
extraterritorial jurisdiction, over an offense under section 1352 
if the prohibited activity takes place— 
‘‘(1) within the United States and within waters subject 
to the jurisdiction of the United States; or 
‘‘(2) outside United States and— 
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‘‘(A) an offender or a victim is a national of the 
United States (as that term is defined under section 
101(a)(22) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(22)); 
‘‘(B) the activity involves a vessel in which a national 
of the United States was on board; or 
‘‘(C) the activity involves a vessel of the United 
States (as that term is defined under section 2 of the 
Maritime Drug Law Enforcement Act (46 U.S.C. App. 
1903). 
‘‘(b) SCOPE.—Nothing in this subchapter shall apply to oth-
erwise lawful activities carried out by or at the direction of the 
United States Government. 
‘‘§ 1352. Destruction of vessel or maritime facility 
‘‘(a) OFFENSE.—Whoever 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 921(a)(4), destructive substance, as 
defined in section 581, or an explosive, as defined in sec-
tion 611 in, upon, or near, or otherwise 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 facility or equipment; 
‘‘(4) interferes by force or violence with the operation of 
any maritime facility, including any aid to navigation, lock, 
canal, or vessel traffic service facility or equipment, if such 
action is likely to endanger the safety of any vessel in navi-
gation; 
‘‘(5) sets fire to, damages, destroys, or disables or places 
a destructive device or substance in, upon, or near, any ap-
pliance, structure, property, machine, or apparatus, or any 
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facility or other material used, or intended to be used, in 
connection with the operation, maintenance, loading, un-
loading, or storage of any vessel or any passenger or cargo 
carried or intended to be carried on any vessel; 
‘‘(6) performs an act of violence against or incapacitates 
any individual on any vessel, if such act of violence or inca-
pacitation is likely to endanger the safety of the vessel or 
those on board; 
‘‘(7) performs an act of violence against a person that 
causes or is likely to cause serious bodily injury in, upon, 
or near, any appliance, structure, property, machine, or ap-
paratus, or any facility or other material used, or intended 
to be used, in connection with the operation, maintenance, 
loading, unloading, or storage of any vessel or any pas-
senger 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 informa-
tion may reasonably be believed, thereby endangering the 
safety of any vessel in navigation; 
shall be imprisoned not more than 20 years. 
‘‘(b) LIMITATION.—Subsection (a) does not apply to any per-
son that is engaging in otherwise lawful activity, such as nor-
mal repair and salvage activities, and the transportation of haz-
ardous materials regulated and allowed to be transported under 
chapter 51 of title 49. 
‘‘(c) PENALTY.—Whoever is convicted under subsection (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 Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as that 
term is defined in section 2(23) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10101(23)), shall be imprisoned for 
any term of years or for life. 
‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is con-
victed under subsection (a) and intended to cause death by the 
prohibited conduct, if the conduct resulted in the death of any 
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person, shall be subject to the death penalty or to imprison-
ment for any term of years or for life. 
‘‘(e) THREATS.—Whoever knowingly and intentionally im-
parts or conveys any threat to do an act which would violate 
this subchapter, with an apparent determination 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. 
‘‘§ 1353. Imparting or conveying false information 
‘‘(a) IN GENERAL.—Whoever imparts or conveys or causes 
to be imparted or conveyed false information, knowing the in-
formation to be false, concerning an attempt or alleged attempt 
being made or to be made, to do any act that would be a crime 
prohibited by this subchapter or by subchapter D, shall be sub-
ject to a civil penalty 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, inten-
tionally, 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 information to be 
false, concerning an attempt or alleged attempt 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 sub-
chapter 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 
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‘‘(2) such conduct is prohibited as a misdemeanor, 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 
to amend the Judicial Code and to define and limit the jurisdic-
tion of courts sitting in equity, and for other purposes (29 
U.S.C. 113(c), commonly known as the Norris-LaGuardia Act). 
‘‘§ 1355. Bribery affecting port security 
‘‘(a) IN GENERAL.—Whoever knowingly— 
‘‘(1) directly or indirectly, corruptly gives, offers, 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 offi-
cial or person that affects any secure or restricted area 
or seaport; or 
‘‘(2) directly or indirectly, corruptly demands, seeks, re-
ceives, accepts, or agrees to receive or accept anything of 
value personally or for any other person or entity in return 
for— 
‘‘(A) being influenced in the performance of any offi-
cial act affecting any secure or restricted area or sea-
port; and 
‘‘(B) knowing that such influence will be used to 
commit, or plan to commit, international or domestic 
terrorism, 
shall be imprisoned not more than 15 years. 
‘‘(b) DEFINITION.—In this section, the term ‘secure or re-
stricted area’ means an area of a vessel or facility designated 
as secure in an approved security plan, as required under sec-
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tion 70103 of title 46, and the rules and regulations promul-
gated under that section. 
‘‘CHAPTER 35—REGULATORY CRIMES 
‘‘Subchapter 
Sec. 
‘‘A. Animals, birds, fish, and plants .....................................
1371 
‘‘B. Gambling ................................................................................
1381 
‘‘C. Protection of trade secrets ..............................................
1391 
‘‘D. Trafficking in contraband cigarettes ..........................
1411 
‘‘E. Child support ........................................................................
1431 
‘‘F. Obscenity ................................................................................
1441 
‘‘G. Money laundering ...............................................................
1451 
‘‘SUBCHAPTER A—ANIMALS, BIRDS, FISH, AND 
PLANTS 
‘‘Sec. 
‘‘1371.
Hunting, fishing, trapping; disturbance or injury on wildlife ref-
uges. 
‘‘1372.
Importation or shipment of injurious mammals, birds, fish (includ-
ing mollusks and crustacea), amphibia, and reptiles; permits, 
specimens 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.
Depiction of animal cruelty. 
‘‘1376.
Enforcement of animal fighting prohibitions. 
‘‘§ 1371. Hunting, fishing, trapping; disturbance or 
injury on wildlife refuges 
‘‘Whoever, except in compliance with rules and regulations 
promulgated by authority of law, hunts, traps, captures, know-
ingly 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 breeding grounds for such birds, fish, 
or animals under any law of the United States or knowingly 
injures, molests, or destroys any property of the United States 
on any such lands or waters, shall be imprisoned not more than 
six months. 
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‘‘§ 1372. Importation or shipment of injurious 
mammals, birds, fish (including mollusks 
and crustacea), amphibia, and reptiles; 
permits, specimens for museums; regula-
tions 
‘‘(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 possession of the 
United States, or any shipment between the continental United 
States, the District of Columbia, Hawaii, the Commonwealth of 
Puerto Rico, or any possession of the United States, of the 
mongoose of the species Herpestes auropunctatus; of the spe-
cies of so-called ‘flying foxes’ or fruit bats of the genus 
Pteropus; of the zebra mussel of the species Dreissena 
polymorpha; and such other species of wild mammals, wild 
birds, fish (including mollusks and crustacea), amphibians, rep-
tiles, brown tree snakes, or the offspring or eggs of any of the 
foregoing which the Secretary of the Interior may prescribe by 
regulation to be injurious to human beings, to 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 ex-
pense of the importer or consignee. Nothing in this section 
shall be construed to repeal or modify any provision of the Pub-
lic Health Service Act or Federal Food, Drug, and Cosmetic 
Act. Also, this section shall not authorize any action with re-
spect to the importation of any plant pest as defined in the 
Federal Plant Pest Act, insofar as such importation is subject 
to regulation under that Act. 
‘‘(b) DEFINITION.—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 
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of aquatic and land vegetation upon which such wildlife re-
sources are dependent. 
‘‘(c) PERMISSION FOR IMPORTATION.—Notwithstanding the 
foregoing, the Secretary of the Interior, when he finds that 
there has been a proper showing of responsibility and continued 
protection of the public interest and health, shall permit the 
importation for zoological, educational, medical, and scientific 
purposes of any mammals, birds, fish, (including mollusks and 
crustacea), amphibia, and reptiles, or the offspring or eggs 
thereof, where such importation would be prohibited otherwise 
by or pursuant to this Act, and this Act shall not restrict im-
portations by Federal agencies for their own use. 
‘‘(d) EXCLUSION.—Nothing in this section restricts the im-
portation of dead natural-history specimens for museums or for 
scientific collections, or the importation of domesticated canar-
ies, parrots (including all other species of psittacine birds), or 
such other cage birds as the Secretary of the Interior may des-
ignate. 
‘‘(e) ENFORCEMENT.—The Secretary of the Treasury and 
the Secretary of the Interior shall enforce the provisions of this 
subsection, 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 appropriate bond 
when desirable to insure compliance with such provisions. 
‘‘(f) OFFENSE.—Whoever violates this section, or any regula-
tion issued pursuant thereto, shall be imprisoned not more than 
six months. 
‘‘§ 1373. Force, violence, and threats involving ani-
mal enterprises 
‘‘(a) OFFENSE.—Whoever travels in interstate or foreign 
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) 
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used by an animal enterprise, or any real or personal 
property of a person or entity having a connection to, 
relationship with, or transactions with an animal enter-
prise; or 
‘‘(B) intentionally places a person in reasonable fear 
of the death of, or serious bodily injury to that person, 
a member of the immediate family (as defined in sec-
tion 115) of that person, or a spouse or intimate part-
ner 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 section 
(a) or an attempt or conspiracy to violate subsection (a) shall 
be— 
‘‘(1) a fine under this title or imprisonment not more 
than 1 year, or both, if the offense does not instill in an-
other 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 damage 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 damage exceed-
ing $10,000 but not exceeding $100,000; or 
‘‘(B) the offense instills in another the reasonable 
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 damage exceed-
ing $100,000; or 
‘‘(B) the offense results in substantial bodily 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 damage exceed-
ing $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 res-
titution— 
‘‘(1) for the reasonable cost of repeating any experimen-
tation that was interrupted or invalidated as a result of the 
offense; 
‘‘(2) for the loss of food production or farm income rea-
sonably 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; 
‘‘(B) a zoo, aquarium, animal shelter, pet store, 
breeder, furrier, circus, or rodeo, or other lawful com-
petitive animal event; or 
‘‘(C) any fair or similar event intended to advance 
agricultural arts and sciences; 
‘‘(2) the term ‘course of conduct’ means a pattern of 
conduct composed of 2 or more acts, evidencing a con-
tinuity of purpose; 
‘‘(3) the term ‘economic damage’— 
‘‘(A) means the replacement costs of lost or damaged 
property or records, the costs of repeating an inter-
rupted or invalidated experiment, the loss of profits, or 
increased costs, including losses and increased costs re-
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sulting 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 trans-
actions with the animal enterprise; but 
‘‘(B) does not include any lawful economic disruption 
(including a lawful boycott) that results from lawful 
public, governmental, or business reaction to the disclo-
sure of information about an animal enterprise; 
‘‘(4) the term ‘serious bodily injury’ means— 
‘‘(A) injury posing a substantial risk of death; 
‘‘(B) extreme physical pain; 
‘‘(C) protracted and obvious disfigurement; or 
‘‘(D) protracted loss or impairment of the function 
of a bodily member, organ, or mental faculty; and 
‘‘(5) the term ‘substantial bodily injury’ means— 
‘‘(A) deep cuts and serious burns or abrasions; 
‘‘(B) short-term or nonobvious disfigurement; 
‘‘(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 (including peace-
ful picketing or other peaceful demonstration) protected 
from legal prohibition by the First Amendment to the Con-
stitution; 
‘‘(2) to create new remedies for interference with activi-
ties protected by the free speech or free exercise clauses of 
the First Amendment to the Constitution, regardless of the 
point of view expressed, or to limit any existing legal rem-
edies for such interference; or 
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‘‘(3) to provide exclusive criminal penalties or civil rem-
edies with respect to the conduct prohibited by this action, 
or to preempt State or local laws that may provide such 
penalties or remedies. 
‘‘§ 1374. Use of aircraft or motor vehicles to hunt 
certain 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 capturing 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 pub-
lic land or ranges for the purpose of trapping, killing, wound-
ing, or maiming any of the animals referred to in subsection 
(a) of this section shall be imprisoned not more than six 
months. 
‘‘(c) DEFINITIONS.—As used in subsection (a) of this sec-
tion— 
‘‘(1) the term ‘aircraft’ means any contrivance used for 
flight in the air; and 
‘‘(2) the term ‘motor vehicle’ includes an automobile, 
automobile truck, automobile wagon, motorcycle, or any 
other self-propelled vehicle designed for running on land. 
‘‘§ 1375. Depiction of animal cruelty 
‘‘(a) CREATION, SALE, OR POSSESSION.—Whoever knowingly 
creates, sells, or possesses a depiction of animal cruelty with 
the intention of placing that depiction in interstate or foreign 
commerce for commercial gain, shall be imprisoned not more 
than 5 years. 
‘‘(b) EXCEPTION.—Subsection (a) does not apply to any de-
piction that has serious religious, political, scientific, edu-
cational, journalistic, historical, or artistic value. 
‘‘(c) DEFINITIONS.—In this section, the term ‘depiction of 
animal cruelty’ means any visual or auditory depiction, includ-
ing any photograph, motion-picture film, video recording, elec-
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tronic image, or sound recording of conduct in which a living 
animal is intentionally maimed, mutilated, tortured, wounded, 
or killed, if such conduct is illegal under Federal law or the law 
of the State in which the creation, sale, or possession takes 
place, regardless of whether the maiming, mutilation, torture, 
wounding, or killing took place in the State. 
‘‘§ 1376. Enforcement of animal fighting prohibi-
tions 
‘‘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; 
penalties 
‘‘(a) OFFENSE.—Whoever being engaged in the business of 
betting or wagering knowingly uses a wire communication facil-
ity for the transmission in interstate or foreign commerce of 
bets or wagers or information assisting in the placing of bets 
or wagers on any sporting event or contest, or for the trans-
mission 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 foreign commerce 
of information for use in news reporting of sporting events or 
contests, or for the transmission of 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) NONPREEMPTION.—Nothing contained in this section 
shall create immunity from criminal prosecution under any 
laws of any State. 
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‘‘(d) NOTIFICATION TO COMMON CARRIER.—When any com-
mon carrier, subject to the jurisdiction of the Federal Commu-
nications Commission, is notified in writing by a Federal, 
State, or local law enforcement agency, acting within its juris-
diction, 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 rea-
sonable 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 shall 
be deemed to prejudice 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 re-
moved, or should be restored. 
‘‘§ 1382. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘gambling ship’ means a vessel used prin-
cipally for the operation of one or more gambling establish-
ments. Such term does not include a vessel with respect to 
gambling aboard such vessel beyond the territorial waters 
of the United States during a covered voyage (as defined 
in section 4472 of the Internal Revenue Code of 1986 as 
in effect on January 1, 1994); 
‘‘(2) the term ‘gambling establishment’ means any com-
mon gaming or gambling establishment operated for the 
purpose of gaming or gambling, including accepting, re-
cording, or registering bets, or carrying on a policy game 
or any other lottery, or playing any game of chance, for 
money or other thing of value; 
‘‘(3) the term ‘American vessel’ means any vessel docu-
mented or numbered under the laws of the United States; 
and includes any vessel which is neither documented or 
numbered under the laws of the United States nor docu-
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mented under the laws of any foreign country, if such ves-
sel is owned by, chartered to, or otherwise controlled by one 
or more citizens or residents of the United States or cor-
porations organized under the laws of the United States or 
of any State; and 
‘‘(4) the term ‘wire communication facility’ means any 
and all instrumentalities, personnel, and services (among 
other things, the receipt, forwarding, or delivery of commu-
nications) 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 transmission. 
‘‘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.
Construction with other laws. 
‘‘1398.
Definitions. 
‘‘§ 1391. Economic espionage 
‘‘(a) IN GENERAL.—Whoever, intending or knowing that the 
offense will benefit any foreign government, foreign instrumen-
tality, or foreign agent, knowingly— 
‘‘(1) steals, or without authorization appropriates, 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, 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 appropriated, obtained, or 
converted without authorization; 
shall, except as provided in subsection (b), be imprisoned not 
more than 15 years. 
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‘‘(b) ORGANIZATIONS.—Any organization that commits 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 se-
cret, that is related to or included in a product that is produced 
for or placed in interstate or foreign commerce, 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 appropriates, 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, delivers, sends, mails, 
communicates, or conveys such information; or 
‘‘(3) receives, buys, or possesses such information, know-
ing the same to have been stolen or appropriated, obtained, 
or converted without authorization; 
shall, except as provided in subsection (b), be imprisoned not 
more than 10 years. 
‘‘(b) ORGANIZATIONS.—Any organization that commits 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 govern-
mental 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 po-
litical subdivision of a State, if such entity has lawful au-
thority with respect to that violation. 
‘‘§ 1394. Orders to preserve confidentiality 
‘‘In any prosecution or other proceeding under this sub-
chapter and any forfeiture relating to a violation of this sub-
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chapter, the court shall enter such orders and take such other 
action as may be necessary and appropriate to preserve the 
confidentiality of trade secrets, consistent with the require-
ments 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 district 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 jurisdiction 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 orga-
nization organized under the laws of the United States or 
a State or political subdivision thereof; or 
‘‘(2) an act in furtherance of the offense was committed 
in the United States. 
‘‘§ 1397. Construction with other laws 
‘‘This subchapter shall not be construed to preempt or dis-
place any other remedies, whether civil or criminal, provided by 
United States Federal or State law for the misappropriation of 
a trade secret, or to affect the otherwise lawful disclosure of 
information by any Government employee under section 552 of 
title 5 (commonly known as the Freedom of Information Act). 
‘‘§ 1398. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘foreign instrumentality;’ means any agen-
cy, bureau, ministry, component, institution, association, or 
any legal, commercial, or business organization, corpora-
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tion, firm, or entity that is substantially owned, controlled, 
sponsored, commanded, managed, or dominated by a for-
eign government; 
‘‘(2) the term ‘foreign agent’ means any officer, em-
ployee, proxy, servant, delegate, or representative of a for-
eign government; 
‘‘(3) the term ‘trade secret’ means all forms and types 
of financial, business, scientific, technical, economic, or en-
gineering information, including patterns, plans, compila-
tions, program devices, formulas, designs, prototypes, meth-
ods, techniques, processes, procedures, programs, or codes, 
whether tangible or intangible, and whether or how stored, 
compiled, or memorialized physically, electronically, graphi-
cally, photographically, or in writing if— 
‘‘(A) the owner thereof has taken reasonable meas-
ures 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.
Effect on State and local law. 
‘‘1416.
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 
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‘‘(B) any roll of tobacco wrapped in any substance 
containing tobacco which, because of its appearance, 
the type of tobacco used in the 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 government requires a stamp, impression, or 
other indication to be placed on packages or other con-
tainers 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 pursuant to 
chapter 52 of the Internal Revenue Code of 1986 as a 
manufacturer of tobacco products or as an export ware-
house proprietor, or a person operating a customs 
bonded warehouse pursuant to section 311 or 555 of 
the Tariff Act of 1930 (19 U.S.C. 1311 or 1555) or 
an agent of such person; 
‘‘(B) a common or contract carrier transporting the 
cigarettes involved under a proper bill of lading or 
freight bill which states the quantity, source, and des-
tination of such cigarettes; 
‘‘(C) a person— 
‘‘(i) who is licensed or otherwise authorized 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 accounting and 
payment requirements relating to such license or 
authorization with respect to the cigarettes in-
volved; or 
‘‘(D) an officer, employee, or other agent of the 
United States or a State, or any department, agency, 
or instrumentality of the United States or a State (in-
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cluding any political subdivision of a State) having pos-
session of such cigarettes in connection with the per-
formance of official duties; 
‘‘(3) the term ‘common or contract carrier’ means a car-
rier holding a certificate of convenience and necessity, a 
permit for contract carrier by motor vehicle, or other valid 
operating authority under subtitle IV of title 49, or under 
equivalent operating authority from a regulatory agency of 
the United States or of any State; 
‘‘(4) the term ‘State’ means a State of the United 
States, the District of Columbia, the Commonwealth of 
Puerto Rico, or the Virgin Islands; 
‘‘(5) the term ‘Attorney General’ means the Attorney 
General of the United States; 
‘‘(6) 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; 
‘‘(7) the term ‘contraband smokeless tobacco’ means a 
quantity in excess of 500 single-unit consumer-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 pursuant to 
chapter 52 of the Internal Revenue Code of 1986 as 
manufacturer of tobacco products or as an export ware-
house proprietor, a person operating a customs bonded 
warehouse pursuant to section 311 or 555 of the Tariff 
Act of 1930 (19 U.S.C. 1311, 1555), 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 authorized by the 
State where such smokeless tobacco is found to en-
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gage in the business of selling or distributing to-
bacco products; and 
‘‘(ii) has complied with the accounting, tax, and 
payment requirements relating to such license or 
authorization with respect to such smokeless to-
bacco; or 
‘‘(D) an officer, employee, or agent of the United 
States or a State, or any department, agency, or in-
strumentality of the United States or a State (includ-
ing any political subdivision of a State), having posses-
sion 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 purchase contra-
band cigarettes or contraband smokeless tobacco. 
‘‘§ 1413. Recordkeeping, reporting, and inspection 
‘‘(a) RECORDKEEPING.—Whoever ships, sells, or distributes 
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 transaction shall maintain 
such information about the shipment, receipt, sale, and dis-
tribution of cigarettes as the Attorney General may prescribe 
by rule or regulation. The Attorney General may require such 
person to keep such information as the Attorney General con-
siders appropriate for purposes of enforcement of this chapter, 
including— 
‘‘(1) the name, address, destination (including street ad-
dress), vehicle license number, driver’s license number, sig-
nature 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 recipi-
ent’s principal in all cases when the recipient is acting as 
an agent. 
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Such information shall be contained on business records kept 
in the normal course of business. 
‘‘(b) REPORTING.—Whoever, except for a tribal government, 
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 Attorney General, pursuant to rules or reg-
ulations prescribed by the Attorney General, a report that sets 
forth the following: 
‘‘(1) The person’s beginning and ending inventory of 
cigarettes and cans or packages of smokeless tobacco (in 
total) for such month. 
‘‘(2) The total quantity of cigarettes and cans or pack-
ages of smokeless tobacco that the person received within 
such month from each other person (itemized by name and 
address). 
‘‘(3) The total quantity of cigarettes and cans or pack-
ages of smokeless tobacco that the person distributed with-
in such month to each person (itemized by name and ad-
dress) other than a retail purchaser. 
‘‘(c) INSPECTION.—Upon the consent of any person who 
ships, sells, or distributes any quantity of cigarettes in excess 
of 10,000 in a single transaction, or pursuant to a duly issued 
search warrant, the Attorney General may enter the premises 
(including places of storage) of such person for the purpose of 
inspecting any records or information required to be main-
tained by such person under this chapter, and any cigarettes 
kept or stored by such person at such premises. 
‘‘(d) OTHERS TO RECEIVE REPORTS.—Any report required 
to be submitted under this subchapter to the Attorney General 
shall also be submitted to the Secretary of the Treasury and 
to the attorneys general and the tax administrators of the 
States from where the shipments, deliveries, or distributions 
both originated and concluded. 
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‘‘(e) DELIVERY SALE DEFINED.—As used in this section, 
the term ‘delivery sale’ means any sale of cigarettes or smoke-
less tobacco in interstate commerce to a consumer if— 
‘‘(1) the consumer submits the order for such sale by 
means of a telephone or other method of voice trans-
mission, 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 
‘‘(2) the cigarettes or smokeless tobacco are delivered by 
use of the mails, common carrier, private delivery service, 
or any other means where the consumer 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 violates sec-
tion 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. 
‘‘(c) SEIZURE
AND FORFEITURE.—Any contraband ciga-
rettes or contraband smokeless tobacco involved in any violation 
of the provisions of this chapter shall be subject to seizure and 
forfeiture. The provisions of chapter 50 relating to civil forfeit-
ures shall extend to any seizure or civil forfeiture under this 
section. Any cigarettes or smokeless tobacco so seized and for-
feited shall be either— 
‘‘(1) destroyed and not resold; or 
‘‘(2) used for undercover investigative operations for the 
detection and prosecution of crimes, and then destroyed 
and not resold. 
‘‘§ 1415. Effect on State and local law 
‘‘(a) Nothing in this chapter shall be construed to affect the 
concurrent jurisdiction of a State or local government to enact 
and enforce its own cigarette tax laws, to provide for the confis-
cation of cigarettes or smokeless tobacco and other property 
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seized for violation of such laws, and to provide for penalties 
for the violation of such laws. 
‘‘(b) Nothing in this chapter shall be construed to inhibit or 
otherwise affect any coordinated law enforcement effort by a 
number of State or local governments, through interstate com-
pact or otherwise, to provide for the administration of State or 
local cigarette tax laws, to provide for the confiscation of ciga-
rettes or smokeless tobacco and other property seized in viola-
tion of such laws, and to establish cooperative programs for the 
administration of such laws. 
‘‘§ 1416. Enforcement and regulations 
‘‘(a) GENERALLY.—The Attorney General, subject to the 
provisions of section 1413(a), shall enforce this subchapter and 
may prescribe rules and regulations to carry out this sub-
chapter. 
‘‘(b) STATE ENFORCEMENT THROUGH CIVIL ACTIONS.— 
‘‘(1) A State, through its attorney general, a local gov-
ernment, through its chief law enforcement officer (or a 
designee thereof), or any person who holds a permit under 
chapter 52 of the Internal Revenue Code of 1986, may 
bring an action in the United States district courts to pre-
vent and restrain violations of this chapter 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 country (as defined in section 
1151). 
‘‘(2) A State, through its attorney general, or a local govern-
ment, through its chief law enforcement officer (or a designee 
thereof), may in a civil action under paragraph (1) also obtain 
any other appropriate relief for violations of this chapter from 
any person (or by any person controlling such person), includ-
ing civil penalties, money damages, and injunctive or other eq-
uitable relief. Nothing in this chapter shall be deemed to abro-
gate or constitute a waiver of any sovereign immunity of a 
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