(B) the rendering of assistance by the child to any 
other person to engage in sexually explicit conduct for 
the purpose of producing any visual depiction of such 
conduct. 
(d) FEDERAL NEXUS.—Conduct described in subsection 
(a) and (b) is an offense if— 
(1) in the course of the conduct the child or the person 
engaging in the conduct travel in interstate or foreign com-
merce; 
(2) any offer described in such subsections was com-
municated or transported in or affecting interstate or for-
eign commerce; or 
(3) the conduct took place in any territory or posses-
sion of the United States. 
§ 223. Certain activities relating to material in-
volving the sexual exploitation of children 
and child pornography 
(a) OFFENSE.—Whoever, as made applicable by subsection 
(b)— 
(1) knowingly— 
(A) transports an exploitative visual depiction or 
child pornography; 
(B) receives, or distributes, any exploitative visual 
depiction or child pornography; or 
(C) reproduces any exploitative visual depiction or 
child pornography for distribution; 
(2) knowingly— 
(A) sells or possesses with intent to sell any ex-
ploitative visual depiction or child pornography; or 
(B) knowingly possesses an exploitative visual de-
piction or child pornography; 
(3) advertises, promotes, presents, distributes, or solic-
its any material or purported material in a manner that re-
flects the belief, or that is intended to cause another to be-
lieve, that the material or purported material contains an 
exploitative visual depiction or child pornography; 
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or attempts or conspires to do so shall be punished as provided 
in subsection (c). 
(b) APPLICABILITY.—Subsection (a) applies if— 
(1) the conduct occurs in the special maritime and ter-
ritorial jurisdiction of the United States, or in the Indian 
country as defined in section 871 of this title; or 
(2) the exploitative visual depiction or child pornog-
raphy is transported in or affecting interstate or foreign 
commerce, or was produced using materials which have 
been so transported. 
(c) PUNISHMENT.—The punishment for a violation of this 
section is as follows: 
(1) Whoever violates paragraph (1) or (2)(A) of sub-
section (a) shall be imprisoned not less than 5 years and 
not more than 20 years, but if such person has a prior con-
viction under this chapter, subchapter F of chapter 35, or 
under section 920 of title 10 (article 120 of the Uniform 
Code of Military Justice), or under the laws of any State 
relating to aggravated sexual abuse, sexual abuse, or abu-
sive sexual conduct involving a child or ward, or the pro-
duction, possession, receipt, mailing, sale, distribution, 
shipment, or transportation of child pornography, such per-
son shall be imprisoned for not less than 15 years nor more 
than 40 years. 
(2) Whoever violates, or attempts or conspires to vio-
late, paragraph (2)(B) of subsection (a) shall be imprisoned 
not more than 10 years, or both, but if such person has 
a prior conviction under this subchapter, subchapter F of 
chapter 35, or under section 920 of title 10 (article 120 of 
the Uniform Code of Military Justice), or under the laws 
of any State relating to aggravated sexual abuse, sexual 
abuse, or abusive sexual conduct involving a child or ward, 
or the production, possession, receipt, mailing, sale, dis-
tribution, shipment, or transportation of child pornography, 
such person shall be imprisoned for not less than 10 years 
nor more than 20 years. 
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(d) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
to a charge of violating paragraph (2)(B) of subsection (a) that 
the defendant— 
(1) possessed less than three matters containing any 
visual depiction proscribed by that paragraph; and 
(2) promptly and in good faith, and without retaining 
or allowing any person, other than a law enforcement agen-
cy, to access any visual depiction or copy thereof— 
(A) took reasonable steps to destroy each such vis-
ual depiction; or 
(B) reported the matter to a law enforcement 
agency and afforded that agency access to each such 
visual depiction. 
(e) ADMISSIBILITY OF EVIDENCE.—On motion of the gov-
ernment, in any prosecution under this subchapter or section 
1444, except for good cause shown, the name, address, social 
security number, or other nonphysical identifying information, 
other than the age or approximate age, of any child who is de-
picted in any child pornography shall not be admissible and 
may be redacted from any otherwise admissible evidence, and 
the jury shall be instructed, upon request of the United States, 
that it can draw no inference from the absence of such evidence 
in deciding whether the child pornography depicts an actual 
child. 
(f) EXPLOITATIVE VISUAL DEPICTION DEFINED.—In this 
section, a visual depiction is an exploitative visual depiction if— 
(1) the producing of such visual depiction involves the 
use of a child engaging in sexually explicit conduct; and 
(2) such visual depiction is of such conduct. 
§ 225. Misleading domain names on the Internet 
(a) OBSCENITY.—Whoever knowingly uses a misleading 
domain name on the Internet with the intent to deceive a per-
son into viewing material constituting obscenity shall be impris-
oned not more than 2 years. 
(b) MATERIAL HARMFUL TO CHILDREN.—Whoever know-
ingly uses a misleading domain name on the Internet with the 
intent to deceive a child into viewing material that is harmful 
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to Children on the Internet shall be imprisoned not more than 
4 years. 
(c) DEFINITION.—For the purposes of this section— 
(1) a domain name that includes a word or words to 
indicate the sexual content of the site, such as ‘‘sex’’ or 
‘‘porn’’, is not misleading; 
(2) the term ‘‘material that is harmful to children’’ 
means any communication, consisting of nudity, sex, or ex-
cretion, that, taken as a whole and with reference to its 
context— 
(A) predominantly appeals to a prurient interest of 
children; 
(B) is patently offensive to prevailing standards in 
the adult community as a whole with respect to what 
is suitable material for children; and 
(C) lacks serious literary, artistic, political, or sci-
entific value for children; and 
(3) as used in this subsection, the term ‘‘sex’’ means 
acts of masturbation, sexual intercourse, or physical con-
tact with a person’s genitals, or the condition of human 
male or female genitals when in a state of sexual stimula-
tion or arousal. 
§ 229. Definitions for subchapter 
In this subchapter the following definitions apply: 
(1)(A) Except as provided in subparagraph (B), the 
term ‘‘sexually explicit conduct’’ means actual or simu-
lated— 
(i) sexual intercourse, including genital-genital, 
oral-genital, anal-genital, or oral-anal, whether between 
persons of the same or opposite sex; 
(ii) bestiality; 
(iii) masturbation; 
(iv) sadistic or masochistic abuse; or 
(v) lascivious exhibition of the genitals or pubic 
area of any person; 
(B) For purposes of paragraph 5(B), the term ‘‘sexu-
ally explicit conduct’’ means— 
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(i) graphic sexual intercourse, including genital- 
genital, oral-genital, anal-genital, or oral-anal, whether 
between persons of the same or opposite sex, or lasciv-
ious simulated sexual intercourse where the genitals, 
breast, or pubic area of any person is exhibited; 
(ii) graphic or lascivious simulated— 
(I) bestiality; 
(II) masturbation; or 
(III) sadistic or masochistic abuse; or 
(iii) graphic or simulated lascivious exhibition of 
the genitals or pubic area of any person. 
(2) The term ‘‘producing’’ means producing, directing, 
manufacturing, issuing, publishing, or advertising. 
(3) The term ‘‘visual depiction’’ includes undeveloped 
film and videotape, and data stored on computer disk or by 
electronic means which is capable of conversion into a vis-
ual image. 
(4) The term‘‘custody or control’’ includes temporary 
supervision over or responsibility for a child whether legally 
or illegally obtained. 
(5) The term ‘‘child pornography’’ means any visual 
depiction, including any photograph, film, video, picture, or 
computer or computer-generated image or picture, whether 
made or produced by electronic, mechanical, or other 
means, of sexually explicit conduct, where— 
(A) the production of such visual depiction in-
volves the use of a child engaging in sexually explicit 
conduct; 
(B) such visual depiction is a digital image, com-
puter image, or computer-generated image that is, or 
is indistinguishable from, that of a child engaging in 
sexually explicit conduct; or 
(C) such visual depiction has been created, adapt-
ed, or modified to appear that an identifiable child is 
engaging in sexually explicit conduct. 
(6) The term ‘‘identifiable child’’— 
(A) means a person— 
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(i)(I) who was a child at the time the visual 
depiction was created, adapted, or modified; or 
(II) whose image as a child was used in cre-
ating, adapting, or modifying the visual depiction; 
and 
(ii) who is recognizable as an actual person by 
the person’s face, likeness, or other distinguishing 
characteristic, such as a unique birthmark or other 
recognizable feature; and 
(B) shall not be construed to require proof of the 
actual identity of the identifiable child. 
(7) The term ‘‘graphic’’, when used with respect to a 
depiction of sexually explicit conduct, means that a viewer 
can observe any part of the genitals or pubic area of any 
depicted person or animal during any part of the time that 
the sexually explicit conduct is being depicted. 
(8) The term ‘‘indistinguishable’’ used with respect to 
a depiction, means virtually indistinguishable, in that the 
depiction is such that an ordinary person viewing the depic-
tion would conclude that the depiction is of an actual child 
engaged in sexually explicit conduct. This definition does 
not apply to depictions that are drawings, cartoons, sculp-
tures, or paintings depicting minors or adults. 
§ 230. Record keeping requirements 
(a) DUTY TO KEEP RECORDS.—Whoever produces any 
book, magazine, periodical, film, videotape, or other matter 
which— 
(1) contains one or more visual depictions made after 
November 1, 1990 of actual sexually explicit conduct; and 
(2) is produced in whole or in part with materials 
which have been mailed or shipped in interstate or foreign 
commerce, or is shipped or transported or is intended for 
shipment or transportation in interstate or foreign com-
merce; 
shall create and maintain individually identifiable records per-
taining to every performer portrayed in such a visual depiction. 
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(b) DUTY TO ASCERTAIN CERTAIN INFORMATION.—Any 
person to whom subsection (a) applies shall, with respect to 
every performer portrayed in a visual depiction of actual sexu-
ally explicit conduct— 
(1) ascertain, by examination of an identification docu-
ment containing such information, the performer’s name 
and date of birth, and require the performer to provide 
such other indicia of his or her identity as may be pre-
scribed by regulations; 
(2) ascertain any name, other than the performer’s 
present and correct name, ever used by the performer in-
cluding maiden name, alias, nickname, stage, or profes-
sional name; and 
(3) record in the records required by subsection (a) 
the information required by paragraphs (1) and (2) of this 
subsection and such other identifying information as may 
be prescribed by regulation. 
(c) WHERE RECORDS MAINTAINED
AND AVAILABILITY 
FOR INSPECTION.—Any person to whom subsection (a) applies 
shall maintain the records required by this section at his busi-
ness premises, or at such other place as the Attorney General 
may by regulation prescribe and shall make such records avail-
able to the Attorney General for inspection at all reasonable 
times. 
(d) EXCLUSION OF EVIDENCE.— 
(1) No information or evidence obtained from records 
required to be created or maintained by this section shall, 
except as provided in this section, directly or indirectly, be 
used as evidence against any person with respect to any 
violation of law. 
(2) Paragraph (1) of this subsection does not preclude 
the use of such information or evidence in a prosecution or 
other action for a violation of this subchapter or subchapter 
F of chapter 35, or for a violation of any applicable provi-
sion of law with respect to the furnishing of false informa-
tion. 
(e) STATEMENT.— 
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(1) Any person to whom subsection (a) applies shall 
cause to be affixed to every copy of any matter described 
in paragraph (1) of subsection (a) of this section, in such 
manner and in such form as the Attorney General shall by 
regulations prescribe, a statement describing where the 
records required by this section with respect to all per-
formers depicted in that copy of the matter may be located. 
(2) If the person to whom subsection (a) of this section 
applies is an organization the statement required by this sub-
section shall include the name, title, and business address of 
the individual employed by such organization responsible for 
maintaining the records required by this section. 
(f) UNLAWFUL ACTS.—It shall be unlawful— 
(1) for any person to whom subsection (a) applies to 
fail to create or maintain the records as required by sub-
sections (a) and (c) or by any regulation promulgated 
under this section; 
(2) for any person to whom subsection (a) applies 
knowingly to make any false entry in or knowingly to fail 
to make an appropriate entry in, any record required by 
subsection (b) of this section or any regulation promulgated 
under this section; 
(3) for any person to whom subsection (a) applies 
knowingly to fail to comply with subsection (e) or any regu-
lation promulgated pursuant to that subsection; and 
(4) for any person knowingly to sell or otherwise 
transfer, or offer for sale or transfer, any book, magazine, 
periodical, film, video, or other matter, produce in whole or 
in part with materials which have been mailed or shipped 
in interstate or foreign commerce or which is intended for 
shipment in interstate or foreign commerce, which— 
(A) contains one or more visual depictions made 
after the made after November 1, 1990 of actual sexu-
ally explicit conduct; and 
(B) is produced in whole or in part with materials 
which have been mailed or shipped in interstate or for-
eign commerce, or is shipped or transported or is in-
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tended for shipment or transportation in interstate or 
foreign commerce; 
which does not have affixed thereto, in a manner prescribed 
as set forth in subsection (e)(1), a statement describing 
where the records required by this section may be located, 
but such person shall have no duty to determine the accu-
racy of the contents of the statement or the records re-
quired to be kept. 
(g) REGULATIONS.—The Attorney General shall issue ap-
propriate regulations to carry out this section. 
(h) DEFINITIONS.—As used in this section— 
(1) the term ‘‘actual sexually explicit conduct’’ means 
actual but not simulated conduct as defined in subpara-
graphs (A) through (D) of paragraph (2) of section 229 of 
this title; 
(2) ‘‘identification document’’ has the meaning given 
that term in section 783; 
(3) the term ‘‘produces’’ means to produce, manufac-
ture, or publish any book, magazine, periodical, film, video 
tape, computer generated image, digital image, or picture, 
or other similar matter and includes the duplication, repro-
duction, or reissuing of any such matter, but does not in-
clude mere distribution or any other activity which does not 
involve hiring, contracting for managing, or otherwise ar-
ranging for the participation of the performers depicted; 
and 
(4) the term ‘‘performer’’ includes any person por-
trayed in a visual depiction engaging in, or assisting an-
other person to engage in, actual sexually explicit conduct. 
(i) PENALTY FOR ANY VIOLATION OF THIS SECTION.— 
Whoever violates this section shall be imprisoned for not more 
than 5 years. Whoever violates this section after having been 
convicted of a violation punishable under this section shall be 
imprisoned for any period of years not more than 10 years but 
not less than 2 years. 
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§ 231. Failure to report child abuse 
Whoever, while engaged in a professional capacity or activ-
ity described in subsection (b) of section 226 of the Victims of 
Child Abuse Act of 1990 on Federal land or in a federally oper-
ated (or contracted) facility, learns of facts that give reason to 
suspect that a child has suffered an incident of child abuse, as 
defined in subsection (c) of that section, and fails to make a 
timely report as required by subsection (a) of that section, shall 
be imprisoned not more than 6 months. 
SUBCHAPTER D—GENERAL PROVISIONS AND 
DEFINITIONS 
Sec. 
241.
Repeat offenders. 
242.
Civil remedy for personal injuries. 
§ 241. Repeat offenders 
(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum 
term of imprisonment for a violation of subchapter A or B 
after a prior sex offense conviction shall be twice the term of 
imprisonment otherwise provided by this chapter, unless section 
3559(e) applies. 
(b) DEFINITIONS.—In this section the term ‘‘prior sex of-
fense conviction’’ means a conviction for an offense— 
(1) under this chapter; or 
(2) under State law for an offense consisting of con-
duct that would have been an offense under this chapter 
if the conduct had occurred within the special maritime and 
territorial jurisdiction of the United States; and 
§ 242. Civil remedy for personal injuries 
(a) A child who is a victim of a violation of section 201, 
202, 203, 211, 212, 213, 221, 222, or 223 and who suffers 
personal injury as a result of such violation may sue in any ap-
propriate United States District Court and shall recover the ac-
tual damages such minor sustains and the cost of the suit, in-
cluding a reasonable attorney’s fee. Any child as described in 
the preceding sentence shall be deemed to have sustained dam-
ages of no less than $50,000 in value. 
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(b) Any action commenced under this section shall be 
barred unless the complaint is filed within six years after the 
right of action first accrues or in the case of a person under 
a legal disability, not later than three years after the disability. 
CHAPTER 15—NATIONAL SECURITY AND 
RELATED CRIMES 
Subchapter 
Sec. 
A. Treason, sedition, and subversive activities ..............
261 
B. Terrorism .................................................................................
271 
C. Military and navy ..................................................................
292 
D. Civil disorders and riots ....................................................
296 
E. Espionage and censorship .................................................
301 
F. Immigration and nationality ............................................
311 
SUBCHAPTER A—TREASON, SEDITION, AND 
SUBVERSIVE ACTIVITIES 
Sec. 
261.
Treason. 
262.
Misprision of treason. 
263.
Rebellion or insurrection. 
264.
Seditious conspiracy. 
265.
Advocating overthrow of Government. 
§ 261. Treason 
Whoever, owing allegiance to the United States, levies war 
against them or adheres to their enemies, giving them aid and 
comfort within the United States or elsewhere, is guilty of trea-
son and shall suffer death or be imprisoned for any term of 
years not less than five, and shall be incapable of holding any 
office under the United States. 
§ 262. Misprision of treason 
Whoever, owing allegiance to the United States and having 
knowledge of the commission of any treason against them, con-
ceals and does not, as soon as may be, disclose and make 
known the same to the President or to some judge of the 
United States, or to the governor or to some judge or justice 
of a particular State, is guilty of misprision of treason and 
shall be imprisoned not more than seven years. 
§ 263. Rebellion or insurrection 
Whoever incites, sets on foot, assists, or engages in any re-
bellion or insurrection against the authority of the United 
States or the laws thereof, or gives aid or comfort thereto, shall 
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be imprisoned not more than ten years and shall be incapable 
of holding any office under the United States. 
§ 264. Seditious conspiracy 
If two or more persons in any State or Territory, or in 
any place subject to the jurisdiction of the United States, con-
spire to overthrow, put down, or to destroy by force the Gov-
ernment of the United States, or to levy war against them, or 
to oppose by force the authority thereof, or by force to prevent, 
hinder, or delay the execution of any law of the United States, 
or by force to seize, take, or possess any property of the United 
States contrary to the authority thereof, they shall each be im-
prisoned not more than 20 years. 
§ 265. Advocating overthrow of Government 
(a) IN GENERAL.—Whoever— 
(1) knowingly advocates, advises, or teaches the duty, 
necessity, desirability, or propriety of overthrowing or de-
stroying the Government of the United States or the gov-
ernment of any State, or the government of any political 
subdivision therein, by force or violence, or by the assas-
sination of any officer of any such government; 
(2) with intent to cause the overthrow or destruction 
of any such government, prints, publishes, edits, issues, cir-
culates, sells, distributes, or publicly displays any written or 
printed matter advocating, advising, or teaching the duty, 
necessity, desirability, or propriety of overthrowing or de-
stroying any government in the United States by force or 
violence; or 
(3) organizes or helps to organize any society, group, 
or assembly of persons who teach, advocate, or encourage 
the overthrow or destruction of any such government by 
force or violence; or becomes or is a member of, or affiliates 
with, any such society, group, or assembly of persons, 
knowing the purposes thereof; 
shall be imprisoned not more than 20 years, and shall be ineli-
gible for employment by the United States or any department 
or agency thereof, for the five years next following the convic-
tion. 
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(b) CONSPIRACY.—If two or more persons conspire to 
commit any offense named in this section, each shall be impris-
oned not more than 20 years and shall be ineligible for employ-
ment by the United States or any department or agency there-
of, for the five years next following the conviction. 
(c) DEFINITION.—As used in this section, the term ‘‘orga-
nize’’, with respect to any society, group, or assembly of per-
sons, includes the recruiting of new members, the forming of 
new units, and the regrouping or expansion of existing clubs, 
classes, and other units of such society, group, or assembly of 
persons. 
SUBCHAPTER B—TERRORISM 
Sec. 
271.
Weapons of mass destruction, and explosives and other lethal de-
vices. 
272.
Atomic weapons. 
273.
Acts of terrorism transcending national boundaries. 
273.
Financial transactions. 
274.
Missile systems designed to destroy aircraft. 
275.
Radiological dispersal devices. 
276.
Harboring or concealing terrorists. 
277.
Providing material support to terrorists. 
278.
Providing material support or resources to designated foreign ter-
rorist organizations. 
279.
Prohibitions against the financing of terrorism. 
280.
Receiving military-type training from a foreign terrorist organiza-
tion. 
281.
Civil remedies. 
282.
Definitions for subchapter. 
§ 271. Weapons of mass destruction, and explo-
sives and other lethal devices 
(a) OFFENSE.—Whoever, without lawful authority, uses, 
threatens, to use, a weapon of mass destruction or an explosive 
or other lethal device— 
(1) against any property that is owned, leased or used 
by the United States or by any department or agency of 
the United States, whether the property is within or out-
side of the United States; or 
(2) against a national of the United States while such 
national is outside of the United States; 
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(3) against any person or property within the United 
States, if the offense is in, or affects, interstate or foreign 
commerce; 
(4) against any person or property outside of the 
United States, if the offender is a national of the United 
States; 
shall be imprisoned for any term of years or for life, and if 
death results, shall be punished by death or imprisoned for any 
term of years or for life. 
(b) DEFINITIONS.—As used in this section— 
(1) the term ‘‘weapon of mass destruction’’ means— 
(A) any destructive device as defined in section 
581; 
(B) any weapon that is designed or intended to 
cause death or serious bodily injury through the re-
lease, dissemination, or impact of toxic or poisonous 
chemicals, or their precursors; 
(C) any weapon involving a biological agent, toxin, 
or vector (as those terms are in defined in section 627); 
(D) any weapon that is designed to release radi-
ation or radioactivity at a level dangerous to human 
life; or 
(E) any lethal device or explosive; and 
(2) the term ‘‘property’’ includes all real and personal 
property; 
(3) ‘‘explosive’’ has the meaning given in section 
844(j) of this title insofar that it is designed, or has the 
capability, to cause death, serious bodily injury, or substan-
tial material damage; and 
(4) ‘‘other lethal device’’ means any weapon or device 
that is designed or has the capability to cause death, seri-
ous bodily injury, or substantial damage to property 
through the release, dissemination, or impact of toxic 
chemicals, biological agents, or toxins (as those terms are 
defined in section 178 of this title) or radiation or radio-
active material. 
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§ 272. Atomic weapons 
(a) OFFENSE.—Whoever, except as provided in section 91 
of the Atomic Energy Act of 1954, in or affecting interstate 
or foreign commerce in the United States or, as made applica-
ble by subsection (b) outside the United States, knowingly par-
ticipates in the development of, manufactures, produces, trans-
fers, acquires, receives, possesses, imports, exports, or uses, or 
possesses and threatens to use, any atomic weapon. Nothing in 
this section modifies section 31 a. or section 101 of the Atomic 
Energy Act of 1954. 
(b) FEDERAL NEXUS
TO CONDUCT OUTSIDE
OF
THE 
UNITED STATES.— Conduct outside the United States is pro-
hibited by subsection (a) if— 
(1) the offense is committed by a national of the 
United States; or 
(2) the offense is committed against a national of the 
United States. 
§ 273. Acts of terrorism transcending national 
boundaries 
(a) PROHIBITED ACTS.— 
(1) OFFENSES.—Whoever, involving conduct tran-
scending national boundaries and as made applicable by 
subsection (b)— 
(A) kills, kidnaps, maims, commits an assault re-
sulting in serious bodily injury, or assaults with a dan-
gerous weapon any person within the United States; or 
(B) creates a substantial risk of serious bodily in-
jury to any other person by destroying or damaging 
any structure, conveyance, or other real or personal 
property within the United States or by attempting or 
conspiring to destroy or damage any structure, convey-
ance, or other real or personal property within the 
United States; 
in violation of the laws of any State, or the United States, 
shall be punished as prescribed in subsection (c). 
(2) TREATMENT OF THREATS, ATTEMPTS AND CON-
SPIRACIES.—Whoever threatens to commit an offense 
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under paragraph (1), or attempts or conspires to do so, 
shall be punished under subsection (c). 
(b) APPLICABILITY.— 
(1) IN GENERAL.—Subsection (a) applies if— 
(A) the mail or any facility of interstate or foreign 
commerce is used in furtherance of the offense; 
(B) the offense obstructs, delays, or affects inter-
state or foreign commerce, or would have so obstructed, 
delayed, or affected interstate or foreign commerce if 
the offense had been consummated; 
(C) the victim, or intended victim, is the United 
States Government, a member of the uniformed serv-
ices, or any official, officer, employee, or agent of the 
legislative, executive, or judicial branches, or of any de-
partment or agency, of the United States; 
(D) the structure, conveyance, or other real or 
personal property is, in whole or in part, owned, pos-
sessed, or leased to the United States, or any depart-
ment or agency of the United States; 
(E) the offense is committed in the territorial sea 
(including the airspace above and the seabed and sub-
soil below, and artificial islands and fixed structures 
erected thereon) of the United States; or 
(F) the offense is committed within the special 
maritime and territorial jurisdiction of the United 
States. 
(2) CO-CONSPIRATORS AND ACCESSORIES AFTER THE 
FACT.—Subsection (a) applies with respect to all principals 
and co-conspirators of an offense under this section, and 
accessories after the fact to any offense under this section, 
if at least one of the circumstances described in subpara-
graphs (A) through (F) of paragraph (1) is applicable to 
at least one offender. 
(c) PENALTIES.— 
(1) GENERALLY.—Whoever violates this section shall 
be punished— 
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(A) for a killing, or if death results to any person 
from any other conduct prohibited by this section, by 
death, or by imprisonment for any term of years or for 
life; 
(B) for kidnapping, by imprisonment for any term 
of years or for life; 
(C) for maiming, by imprisonment for not more 
than 35 years; 
(D) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than 30 years; 
(E) for destroying or damaging any structure, con-
veyance, or other real or personal property, by impris-
onment for not more than 25 years; 
(F) for attempting or conspiring to commit an of-
fense, for any term of years up to the maximum pun-
ishment that would have applied had the offense been 
completed; and 
(G) for threatening to commit an offense under 
this section, by imprisonment for not more than 10 
years. 
(2) CONSECUTIVE SENTENCE.—Notwithstanding any 
other provision of law, the court shall not place on proba-
tion any person convicted of a violation of this section; nor 
shall the term of imprisonment imposed under this section 
run concurrently with any other term of imprisonment. 
(d) PROOF REQUIREMENTS.—The following shall apply to 
prosecutions under this section: 
(1) KNOWLEDGE.—The prosecution is not required to 
prove knowledge by any defendant of a jurisdictional base 
alleged in the indictment. 
(2) STATE LAW.—In a prosecution under this section 
that is based upon the adoption of State law, only the ele-
ments of the offense under State law, and not any provi-
sions pertaining to criminal procedure or evidence, are 
adopted. 
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(e) 
EXTRATERRITORIAL
JURISDICTION.—There 
is 
extraterritorial Federal jurisdiction— 
(1) over any offense under subsection (a), including 
any threat, attempt, or conspiracy to commit such offense; 
and 
(2) over conduct which, under section 3, renders any 
person an accessory after the fact to an offense under sub-
section (a). 
(f) INVESTIGATIVE AUTHORITY.—In addition to any other 
investigative authority with respect to violations of this title, 
the Attorney General shall have primary investigative responsi-
bility for all Federal crimes of terrorism, and any violation of 
section 102, 112, 614, 955, 1201, or 1205 and the Secretary 
of the Treasury shall assist the Attorney General at the request 
of the Attorney General. Nothing in this section shall be con-
strued to interfere with the authority of the United States Se-
cret Service under section 3056. 
(g) REQUESTS FOR MILITARY ASSISTANCE.—The Attor-
ney General may request the Secretary of Defense to provide 
assistance under section 382 of title 10 in support of Depart-
ment of Justice activities relating to the enforcement of section 
271 during an emergency situation involving a weapon of mass 
destruction. The authority to make such a request may be exer-
cised by another official of the Department of Justice in ac-
cordance with section 382(f)(2) of title 10. 
(h) DEFINITIONS.—As used in this section— 
(1) the term ‘‘conduct transcending national bound-
aries’’ means conduct occurring outside of the United 
States in addition to the conduct occurring in the United 
States; 
(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 ac-
cordance with international law; and 
(3) the term ‘‘Federal crime of terrorism’’ means an 
offense that— 
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(A) is calculated to influence or affect the conduct 
of government by intimidation or coercion, or to retali-
ate against government conduct; and 
(B) is a violation of— 
(i) section 1301 (relating to destruction of air-
craft or aircraft facilities), 1306 (relating to vio-
lence at international airports), 571 (relating to 
arson within special maritime and territorial juris-
diction), 621 or 623 (relating to biological weap-
ons), 624 (relating to variola virus), 631 (relating 
to chemical weapons), 271 (relating weapons of 
mass destruction and explosives and other lethal 
devices), 612(m) or (n) (relating to plastic explo-
sives), 614(f)(2) or (3) (relating to arson and 
bombing of Government property risking or causing 
death), 614(i) (relating to arson and bombing of 
property used in interstate commerce), 593(c) (re-
lating to killing or attempted killing during an at-
tack on a Federal facility with a dangerous weap-
on), 955(a)(1) (relating to conspiracy to murder, 
kidnap, or maim persons abroad), 787(a)(1) (relat-
ing to protection of computers), 787(a)(5)(A)(i) re-
sulting in damage as defined in 787(a)(5)(B)(ii) 
through (v) (relating to protection of computers), 
102(2), (4), or (8) (relating to killing of officers 
and employees of the United States foreign offi-
cials, official guests, or internationally protected 
persons), 123 (relating to hostage taking), 1201 
(relating to government property or contracts), 
1202 (relating to destruction of communication 
lines, stations, or systems), 1203 (relating to injury 
to buildings or property within special maritime 
and territorial jurisdiction of the United States), 
1205(a) (relating to destruction of an energy facil-
ity), 1331 (relating to terrorist attacks and other 
acts of violence against mass transportation sys-
tems), 273 (relating to financial transactions), 276 
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(relating to missile systems designed to destroy air-
craft), 275 (relating to radiological dispersal de-
vices), 277 (relating to harboring terrorists), 278 
(relating to providing material support to terror-
ists), 279 (relating to providing material support to 
terrorist organizations), 280 (relating to financing 
of terrorism, or 1292 (relating to torture) of this 
title; 
(ii) sections 92 (relating to prohibitions gov-
erning atomic weapons) or 236 (relating to sabo-
tage of nuclear facilities or fuel) of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2122 or 2284); or 
(iii) section 46502 (relating to aircraft piracy), 
the second sentence of section 46504 (relating to 
assault on a flight crew with a dangerous weapon), 
section 46505(b)(3) or (c) (relating to explosive or 
incendiary devices, or endangerment of human life 
by means of weapons, on aircraft), section 46506 
if homicide or attempted homicide is involved (re-
lating to application of certain criminal laws to acts 
on aircraft), or section 60123(b) (relating to de-
struction of interstate gas or hazardous liquid pipe-
line facility) of title 49. 
§ 273. Financial transactions 
(a) OFFENSE.—Except as provided in regulations issued 
by the Secretary of the Treasury, in consultation with the Sec-
retary of State, whoever, being a United States person, know-
ing or having reasonable cause to know that a country is des-
ignated under section 6(j) of the Export Administration Act of 
1979 (50 U.S.C. App. 2405) as a country supporting inter-
national terrorism, engages in a financial transaction with the 
government of that country, shall be imprisoned for not more 
than 10 years. 
(b) DEFINITIONS.—As used in this section— 
(1) the term ‘‘financial transaction’’ has the same 
meaning as in section 1451; and 
(2) the term ‘‘United States person’’ means any— 
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(A) United States citizen or national; 
(B) permanent resident alien; 
(C) juridical person organized under the laws of 
the United States; or 
(D) any person in the United States. 
§ 274. Missile systems designed to destroy aircraft 
(a) UNLAWFUL CONDUCT.— 
(1) IN GENERAL.—Except as provided in paragraph 
(3), it shall be unlawful for any person to knowingly 
produce, construct, otherwise acquire, transfer directly or 
indirectly, receive, possess, import, export, or use, or pos-
sess and threaten to use— 
(A) an explosive or incendiary rocket or missile 
that is guided by any system designed to enable the 
rocket or missile to— 
(i) seek or proceed toward energy radiated or 
reflected from an aircraft or toward an image locat-
ing an aircraft; or 
(ii) otherwise direct or guide the rocket or 
missile to an aircraft; 
(B) any device designed or intended to launch or 
guide a rocket or missile described in subparagraph 
(A); or 
(C) any part or combination of parts designed or 
redesigned for use in assembling or fabricating a rock-
et, missile, or device described in subparagraph (A) or 
(B). 
(2) NONWEAPON.—Paragraph (1)(A) does not apply 
to any device that is neither designed nor redesigned for 
use as a weapon. 
(3) EXCLUDED CONDUCT.—This subsection does not 
apply with respect to— 
(A) conduct by or under the authority of the 
United States or any department or agency thereof or 
of a State or any department or agency thereof; or 
(B) conduct pursuant to the terms of a contract 
with the United States or any department or agency 
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thereof or with a State or any department or agency 
thereof. 
(b) JURISDICTION.—Conduct prohibited by subsection (a) 
is within the jurisdiction of the United States if— 
(1) the offense occurs in or affects interstate or for-
eign commerce; 
(2) the offense occurs outside of the United States and 
is committed by a national of the United States; 
(3) the offense is committed against a national of the 
United States while the national is outside the United 
States; 
(4) the offense is committed against any property that 
is owned, leased, or used by the United States or by any 
department or agency of the United States, whether the 
property is within or outside the United States; or 
(5) an offender aids or abets any person over whom 
jurisdiction exists under this subsection in committing an 
offense under this section or conspires with any person over 
whom jurisdiction exists under this subsection to commit 
an offense under this section. 
(c) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—Any person who violates, or at-
tempts or conspires to violate, subsection (a) shall be fined 
not more than $2,000,000 and shall be sentenced to a term 
of imprisonment not less than 25 years or to imprisonment 
for life. 
(2) OTHER CIRCUMSTANCES.—Any person who, in the 
course of a violation of subsection (a), uses, attempts or 
conspires to use, or possesses and threatens to use, any 
item or items described in subsection (a), shall be fined not 
more than $2,000,000 and imprisoned for not less than 30 
years or imprisoned for life. 
(3) SPECIAL CIRCUMSTANCES.—If the death of an-
other results from a person’s violation of subsection (a), the 
person shall be fined not more than $2,000,000 and pun-
ished by imprisonment for life. 
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(d) DEFINITION.—As used in this section, the term ‘‘air-
craft’’ has the definition set forth in section 40102(a)(6) of 
title 49. 
§ 275. Radiological dispersal devices 
(a) UNLAWFUL CONDUCT.— 
(1) IN GENERAL.—Except as provided in paragraph 
(2), it shall be unlawful for any person to knowingly 
produce, construct, otherwise acquire, transfer directly or 
indirectly, receive, possess, import, export, or use, or pos-
sess and threaten to use— 
(A) any weapon that is designed or intended to re-
lease radiation or radioactivity at a level dangerous to 
human life; or 
(B) any device or other object that is capable of 
and designed or intended to endanger human life 
through the release of radiation or radioactivity. 
(2) EXCEPTION.—This subsection does not apply with 
respect to— 
(A) conduct by or under the authority of the 
United States or any department or agency thereof; or 
(B) conduct pursuant to the terms of a contract 
with the United States or any department or agency 
thereof. 
(b) JURISDICTION.—Conduct prohibited by subsection (a) 
is within the jurisdiction of the United States if— 
(1) the offense occurs in or affects interstate or for-
eign commerce; 
(2) the offense occurs outside of the United States and 
is committed by a national of the United States; 
(3) the offense is committed against a national of the 
United States while the national is outside the United 
States; 
(4) the offense is committed against any property that 
is owned, leased, or used by the United States or by any 
department or agency of the United States, whether the 
property is within or outside the United States; or 
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(5) an offender aids or abets any person over whom 
jurisdiction exists under this subsection in committing an 
offense under this section or conspires with any person over 
whom jurisdiction exists under this subsection to commit 
an offense under this section. 
(c) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—Whoever violates, or attempts or 
conspires to violate, subsection (a) shall be fined not more 
than $2,000,000 and shall be sentenced to a term of im-
prisonment not less than 25 years or to imprisonment for 
life. 
(2) OTHER CIRCUMSTANCES.—Any person who, in the 
course of a violation of subsection (a), uses, attempts or 
conspires to use, or possesses and threatens to use, any 
item or items described in subsection (a), shall be fined not 
more than $2,000,000 and imprisoned for not less than 30 
years or imprisoned for life. 
(3) SPECIAL CIRCUMSTANCES.—If the death of an-
other results from a person’s violation of subsection (a), the 
person shall be fined not more than $2,000,000 and pun-
ished by imprisonment for life. 
§ 276. Harboring or concealing terrorists 
(a) OFFENSE.—Whoever harbors or conceals any person 
who he knows, or has reasonable grounds to believe, has com-
mitted, or is about to commit, an offense under section 1301 
(relating to destruction of aircraft or aircraft facilities), section 
621 (relating to biological weapons), section 631 (relating to 
chemical weapons), section 601 (relating to nuclear materials), 
paragraph (2) or (3) of section 614(f) (relating to arson and 
bombing of government property risking or causing injury or 
death), section 1205(a) (relating to the destruction of an en-
ergy facility), section 1651 (relating to violence against mari-
time navigation), section 271 (relating to weapons of mass de-
struction), or section 273 (relating to acts of terrorism tran-
scending national boundaries) of this title, section 236(a) (re-
lating to sabotage of nuclear facilities or fuel) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (re-
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lating to aircraft piracy) of title 49, shall imprisoned not more 
than ten years. 
(b) VENUE.—A violation of this section may be prosecuted 
in any Federal judicial district in which the underlying offense 
was committed, or in any other Federal judicial district as pro-
vided by law. 
§ 277. Providing material support to terrorists 
(a) OFFENSE.—Whoever provides material support or re-
sources or conceals or disguises the nature, location, source, or 
ownership of material support or resources, knowing or intend-
ing that they are to be used in preparation for, or in carrying 
out, a violation of section 271, 273, 276, 1301, 1306, 571, 
621, 631, 102, 112, 121(m) or (n), 601, 1201, 1202, 1203, 
1205, 1331, 1651, 1291, 278, or 279 of this title, section 236 
of the Atomic Energy Act of 1954 (42 U.S.C. 2284) section 
46502 or 60123(b) of title 49, or any offense listed in section 
273(g)(5)(B) (except for sections 278 and 279) or in prepara-
tion for, or in carrying out, the concealment of an escape from 
the commission of any such violation, or attempts or conspires 
to do such an act, shall be fined under this title, imprisoned 
not more than 15 years, or both. A violation of this section may 
be prosecuted in any Federal judicial district in which the un-
derlying offense was committed, or in any other Federal judi-
cial district as provided by law, and, if the death of any person 
results, shall be imprisoned for any term of years or for life. 
(b) DEFINITIONS.—As used in this section— 
(1) the term ‘‘material support or resources’’ means 
any property, tangible or intangible, or service, including 
currency or monetary instruments or financial securities, fi-
nancial services, lodging, training, expert advice or assist-
ance, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal sub-
stances, explosives, personnel (1 or more individuals who 
may be or include oneself), and transportation, except med-
icine or religious materials; 
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(2) the term ‘‘training’’ means instruction or teaching 
designed to impart a specific skill, as opposed to general 
knowledge; and 
(3) the term ‘‘expert advice or assistance’’ means ad-
vice or assistance derived from scientific, technical or other 
specialized knowledge. 
§ 278. Providing material support or resources to 
designated foreign terrorist organizations 
(a) PROHIBITED ACTIVITIES.— 
(1) UNLAWFUL CONDUCT.—Whoever as made applica-
ble by subsection (d) knowingly provides material support 
or resources to a foreign terrorist organization, or attempts 
or conspires to do so, shall be imprisoned not more than 
15 years, or both, and if the death of any person results, 
shall be imprisoned for any term of years or for life. To 
violate this paragraph, a person must have knowledge that 
the organization is a designated terrorist organization (as 
defined in subsection (g)(6)), that the organization has en-
gaged or engages in terrorist activity (as defined in section 
212(a)(3)(B) of the Immigration and Nationality Act), or 
that the organization has engaged or engages in terrorism 
(as defined in section 140(d)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989). 
(2) FINANCIAL INSTITUTIONS.—Except as authorized 
by the Secretary, any financial institution that becomes 
aware that it has possession of, or control over, any funds 
in which a foreign terrorist organization, or its agent, has 
an interest, shall— 
(A) retain possession of, or maintain control over, 
such funds; and 
(B) report to the Secretary the existence of such 
funds in accordance with regulations issued by the Sec-
retary. 
(b) CIVIL PENALTY.—Any financial institution that know-
ingly fails to comply with subsection (a)(2) shall be subject to 
a civil penalty in an amount that is the greater of— 
(A) $50,000 per violation; or 
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(B) twice the amount of which the financial institution 
was required under subsection (a)(2) to retain possession 
or control. 
(c) INJUNCTION.—Whenever it appears to the Secretary or 
the Attorney General that any person is engaged in, or is about 
to engage in, any act that constitutes, or would constitute, a 
violation of this section, the Attorney General may initiate civil 
action in a district court of the United States to enjoin such 
violation. 
(d) FEDERAL NEXUS.—Subsection (a) applies if— 
(1) an offender is a national of the United States or 
an alien lawfully admitted for permanent residence in the 
United States (as defined in section 101(a)(20) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(20))); 
(2) an offender is a stateless person whose habitual 
residence is in the United States; 
(3) after the conduct required for the offense occurs, 
an offender is brought into or found in the United States, 
even if the conduct required for the offense occurs outside 
the United States; 
(4) the offense occurs in whole or in part within the 
United States; 
(5) the offense occurs in or affects interstate or for-
eign commerce; or 
(6) an offender aids or abets any person over whom 
jurisdiction exists under this paragraph in committing an 
offense under subsection (a) or conspires with any person 
over whom jurisdiction exists under this paragraph to com-
mit an offense under subsection (a). 
(e) INVESTIGATIONS.— 
(1) IN GENERAL.—The Attorney General shall conduct 
any investigation of a possible violation of this section, or 
of any license, order, or regulation issued pursuant to this 
section. 
(2) COORDINATION WITH THE DEPARTMENT OF THE 
TREASURY.—The Attorney General shall work in coordina-
tion with the Secretary in investigations relating to— 
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(A) the compliance or noncompliance by a finan-
cial institution with the requirements of subsection 
(a)(2); and 
(B) civil penalty proceedings authorized under 
subsection (b). 
(3) REFERRAL.—Any evidence of a criminal violation 
of this section arising in the course of an investigation by 
the Secretary or any other Federal agency shall be referred 
immediately to the Attorney General for further investiga-
tion. The Attorney General shall timely notify the Secretary 
of any action taken on referrals from the Secretary, and 
may refer investigations to the Secretary for remedial li-
censing or civil penalty action. 
(f) CLASSIFIED INFORMATION
IN CIVIL PROCEEDINGS 
BROUGHT BY THE UNITED STATES.— 
(1) DISCOVERY OF CLASSIFIED INFORMATION BY DE-
FENDANTS.— 
(A) REQUEST BY UNITED STATES.—In any civil 
proceeding under this section, upon request made ex 
parte and in writing by the United States, a court, 
upon a sufficient showing, may authorize the United 
States to— 
(i) redact specified items of classified informa-
tion from documents to be introduced into evidence 
or made available to the defendant through dis-
covery under the Federal Rules of Civil Procedure; 
(ii) substitute a summary of the information 
for such classified documents; or 
(iii) substitute a statement admitting relevant 
facts that the classified information would tend to 
prove. 
(B) ORDER GRANTING REQUEST.—If the court en-
ters an order granting a request under this paragraph, 
the entire text of the documents to which the request 
relates shall be sealed and preserved in the records of 
thecourt to be made available to the appellate court in 
the event of an appeal. 
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(C) DENIAL OF REQUEST.—If the court enters an 
order denying a request of the United States under this 
paragraph, the United States may take an immediate, 
interlocutory appeal in accordance with paragraph (5). 
For purposes of such an appeal, the entire text of the 
documents to which the request relates, together with 
any transcripts of arguments made ex parte to the 
court in connection therewith, shall be maintained 
under seal and delivered to the appellate court. 
(2) INTRODUCTION
OF
CLASSIFIED
INFORMATION; 
PRECAUTIONS BY COURT.— 
(A) EXHIBITS.—To prevent unnecessary or inad-
vertent disclosure of classified information in a civil 
proceeding brought by the United States under this 
section, the United States may petition the court ex 
parte to admit, in lieu of classified writings, recordings, 
or photographs, one or more of the following: 
(i) Copies of items from which classified infor-
mation has been redacted. 
(ii) Stipulations admitting relevant facts that 
specific classified information would tend to prove. 
(iii) A declassified summary of the specific 
classified information. 
(B) DETERMINATION BY COURT.—The court shall 
grant a request under this paragraph if the court finds 
that the redacted item, stipulation, or summary is suf-
ficient to allow the defendant to prepare a defense. 
(3) TAKING OF TRIAL TESTIMONY.— 
(A) OBJECTION.—During the examination of a 
witness in any civil proceeding brought by the United 
States under this subsection, the United States may 
object to any question or line of inquiry that may re-
quire the witness to disclose classified information not 
previously found to be admissible. 
(B) ACTION BY COURT.—In determining whether 
a response is admissible, the court shall take pre-
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cautions to guard against the compromise of any classi-
fied information, including— 
(i) permitting the United States to provide the 
court, ex parte, with a proffer of the witness’s re-
sponse to the question or line of inquiry; and 
(ii) requiring the defendant to provide the 
court with a proffer of the nature of the informa-
tion that the defendant seeks to elicit. 
(C) OBLIGATION
OF
DEFENDANT.—In any civil 
proceeding under this section, it shall be the defend-
ant’s obligation to establish the relevance and materi-
ality of any classified information sought to be intro-
duced. 
(4) APPEAL.—If the court enters an order denying a 
request of the United States under this subsection, the 
United States may take an immediate interlocutory appeal 
in accordance with paragraph (5). 
(5) INTERLOCUTORY APPEAL.— 
(A) SUBJECT OF APPEAL.—An interlocutory ap-
peal by the United States shall lie to a court of appeals 
from a decision or order of a district court— 
(i) authorizing the disclosure of classified in-
formation; 
(ii) imposing sanctions for nondisclosure of 
classified information; or 
(iii) refusing a protective order sought by the 
United States to prevent the disclosure of classified 
information. 
(B) EXPEDITED CONSIDERATION.— 
(i) IN GENERAL.—An appeal taken pursuant 
to this paragraph, either before or during trial, 
shall be expedited by the court of appeals. 
(ii) APPEALS PRIOR TO TRIAL.—If an appeal 
is of an order made prior to trial, an appeal shall 
be taken not later than 10 days after the decision 
or order appealed from, and the trial shall not com-
mence until the appeal is resolved. 
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(iii) APPEALS DURING TRIAL.—If an appeal is 
taken during trial, the trial court shall adjourn the 
trial until the appeal is resolved, and the court of 
appeals— 
(I) shall hear argument on such appeal 
not later than 4 days after the adjournment of 
the trial; 
(II) may dispense with written briefs other 
than the supporting materials previously sub-
mitted to the trial court; 
(II) may dispense with written briefs other 
than the supporting materials previously sub-
mitted to the trial court; 
(III) shall render its decision not later 
than 4 days after argument on appeal; and 
(IV) may dispense with the issuance of a 
written opinion in rendering its decision. 
(C) EFFECT OF RULING.—An interlocutory appeal 
and decision shall not affect the right of the defendant, 
in a subsequent appeal from a final judgment, to claim 
as error reversal by the trial court on remand of a rul-
ing appealed from during trial. 
(6) CONSTRUCTION.—Nothing in this subsection shall 
prevent the United States from seeking protective orders or 
asserting privileges ordinarily available to the United States 
to protect against the disclosure of classified information, 
including the invocation of the military and State secrets 
privilege. 
(g) DEFINITIONS.—As used in this section— 
(1) the term ‘‘classified information’’ has the meaning 
given that term in section 1(a) of the Classified Informa-
tion Procedures Act (18 U.S.C. App.); 
(2) the term ‘‘funds’’ includes coin or currency of the 
United States or any other country, traveler’s checks, per-
sonal checks, bank checks, money orders, stocks, bonds, de-
bentures, drafts, letters of credit, any other negotiable in-
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strument, and any electronic representation of any of the 
foregoing; 
(3) the term ‘‘material support or resources’’ has the 
same meaning given that term in section 2339A (including 
the definitions of ‘‘training’’ and ‘‘expert advice or assist-
ance’’ in that section); 
(4) the term ‘‘Secretary’’ means the Secretary of the 
Treasury; and 
(6) the term ‘‘terrorist organization’’ means an organi-
zation designated as a terrorist organization under section 
219 of the Immigration and Nationality Act. 
(h) PROVISION OF PERSONNEL.—No person may be pros-
ecuted under this section in connection with the term ‘‘per-
sonnel’’ unless that person has knowingly provided, attempted 
to provide, or conspired to provide a foreign terrorist organiza-
tion with 1 or more individuals (who may be or include himself) 
to work under that terrorist organization’s direction or control 
or to organize, manage, supervise, or otherwise direct the oper-
ation of that organization. Individuals who act entirely inde-
pendently of the foreign terrorist organization to advance its 
goals or objectives shall not be considered to be working under 
the foreign terrorist organization’s direction and control. 
(i) RULE
OF CONSTRUCTION.—Nothing in this section 
shall be construed or applied so as to abridge the exercise of 
rights guaranteed under the First Amendment to the Constitu-
tion of the United States. 
(j) EXCEPTION.—No person may be prosecuted under this 
section in connection with the term ‘‘personnel’’, ‘‘training’’, or 
‘‘expert advice or assistance’’ if the provision of that material 
support or resources to a foreign terrorist organization was ap-
proved by the Secretary of State with the concurrence of the 
Attorney General. The Secretary of State may not approve the 
provision of any material support that may be used to carry out 
terrorist activity (as defined in section 212(a)(3)(B)(iii) of the 
Immigration and Nationality Act). 
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§ 279. Prohibitions against the financing of ter-
rorism 
(a) OFFENSES.— 
(1) IN
GENERAL.—Whoever, in a circumstance de-
scribed in subsection (b), by any means, directly or indi-
rectly, unlawfully and knowingly provides or collects funds 
with the intention that such funds be used, or with the 
knowledge that such funds are to be used, in full or in 
part, in order to carry out— 
(A) an act which constitutes an offense within the 
scope of a treaty specified in subsection (e)(7), as im-
plemented by the United States, or 
(B) any other act intended to cause death or seri-
ous bodily injury to a civilian, or to any other person 
not taking an active part in the hostilities in a situation 
of armed conflict, when the purpose of such act, by its 
nature or context, is to intimidate a population, or to 
compel a government or an international organization 
to do or to abstain from doing any act, 
shall be punished as prescribed in subsection (d)(1). 
(2) ATTEMPTS
AND
CONSPIRACIES.—Whoever at-
tempts or conspires to commit an offense under paragraph 
(1) shall be punished as prescribed in subsection (d)(1). 
(3) RELATIONSHIP TO PREDICATE ACT.—For an act 
to constitute an offense set forth in this subsection, it shall 
not be necessary that the funds were actually used to carry 
out a predicate act. 
(b) JURISDICTION.—There is jurisdiction over the offenses 
in subsection (a) in the following circumstances— 
(1) the offense takes place in the United States and— 
(A) a perpetrator was a national of another state 
or a stateless person; 
(B) on board a vessel flying the flag of another 
state or an aircraft which is registered under the laws 
of another state at the time the offense is committed; 
(C) on board an aircraft which is operated by the 
government of another state; 
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(D) a perpetrator is found outside the United 
States; 
(E) was directed toward or resulted in the car-
rying out of a predicate act against— 
(i) a national of another state; or 
(ii) another state or a government facility of 
such state, including its embassy or other diplo-
matic or consular premises of that state; 
(F) was directed toward or resulted in the car-
rying out of a predicate act committed in an at-
tempt to compel another state or international or-
ganization to do or abstain from doing any act; or 
(G) was directed toward or resulted in the car-
rying out of a predicate act— 
(i) outside the United States; or 
(ii) within the United States, and either 
the offense or the predicate act was conducted 
in, or the results thereof affected, interstate or 
foreign commerce; 
(2) the offense takes place outside the United States 
and— 
(A) a perpetrator is a national of the United 
States or is a stateless person whose habitual residence 
is in the United States; 
(B) a perpetrator is found in the United States; 
or 
(C) was directed toward or resulted in the carrying 
out of a predicate act against— 
(i) any property that is owned, leased, or used 
by the United States or by any department or 
agency of the United States, including an embassy 
or other diplomatic or consular premises of the 
United States; 
(ii) any person or property within the United 
States; 
(iii) any national of the United States or the 
property of such national; or 
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(iv) any property of any legal entity organized 
under the laws of the United States, including any 
of its States, districts, commonwealths, territories, 
or possessions; 
(3) the offense is committed on board a vessel flying 
the flag of the United States or an aircraft which is reg-
istered under the laws of the United States at the time the 
offense is committed; 
(4) the offense is committed on board an aircraft 
which is operated by the United States; or 
(5) the offense was directed toward or resulted in the 
carrying out of a predicate act committed in an attempt to 
compel the United States to do or abstain from doing any 
act. 
(c) CONCEALMENT.—Whoever— 
(1)(A) is in the United States; or 
(B) is outside the United States and is a national of 
the United States or a legal entity organized under the 
laws of the United States (including any of its States, dis-
tricts, commonwealths, territories, or possessions); and 
(2) knowingly conceals or disguises the nature, loca-
tion, source, ownership, or control of any material support 
or resources, or any funds or proceeds of such funds— 
(A) knowing or intending that the support or re-
sources are to be provided, or knowing that the support 
or resources were provided, in violation of section 
2339B of this title; or 
(B) knowing or intending that any such funds are 
to be provided or collected, or knowing that the funds 
were provided or collected, in violation of subsection 
(a), 
shall be punished as prescribed in subsection (d)(2). 
(d) PENALTIES.— 
(1) SUBSECTION (A).—Whoever violates subsection (a) 
shall be imprisoned for not more than 20 years. 
(2) SUBSECTION (C).—Whoever violates subsection (c) 
shall be imprisoned for not more than 10 years. 
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(e) DEFINITIONS.—In this section— 
(1) the term ‘‘funds’’ means assets of every kind, 
whether tangible or intangible, movable or immovable, how-
ever acquired, and legal documents or instruments in any 
form, including electronic or digital, evidencing title to, or 
interest in, such assets, including coin, currency, bank cred-
its, travelers checks, bank checks, money orders, shares, se-
curities, bonds, drafts, and letters of credit; 
(2) the term ‘‘government facility’’ means any perma-
nent or temporary facility or conveyance that is used or oc-
cupied by representatives of a state, members of a govern-
ment, the legislature, or the judiciary, or by officials or em-
ployees of a state or any other public authority or entity 
or by employees or officials of an intergovernmental organi-
zation in connection with their official duties; 
(3) the term ‘‘proceeds’’ means any funds derived 
from or obtained, directly or indirectly, through the com-
mission of an offense set forth in subsection (a); 
(4) the term ‘‘provides’’ includes giving, donating, and 
transmitting; 
(5) the term ‘‘collects’’ includes raising and receiving; 
(6) the term ‘‘predicate act’’ means any act referred 
to in subparagraph (A) or (B) of subsection (a)(1); 
(7) the term ‘‘treaty’’ means— 
(A) the Convention for the Suppression of Unlaw-
ful Seizure of Aircraft, done at The Hague on Decem-
ber 16, 1970; 
(B) the Convention for the Suppression of Unlaw-
ful Acts against the Safety of Civil Aviation, done at 
Montreal on September 23, 1971; 
(C) the Convention on the Prevention and Punish-
ment of Crimes against Internationally Protected Per-
sons, including Diplomatic Agents, adopted by the Gen-
eral Assembly of the United Nations on December 14, 
1973; 
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(D) the International Convention against the Tak-
ing of Hostages, adopted by the General Assembly of 
the United Nations on December 17, 1979; 
(E) the Convention on the Physical Protection of 
Nuclear Material, adopted at Vienna on March 3, 
1980; 
(F) the Protocol for the Suppression of Unlawful 
Acts of Violence at Airports Serving International Civil 
Aviation, supplementary to the Convention for the Sup-
pression of Unlawful Acts against the Safety of Civil 
Aviation, done at Montreal on February 24, 1988; 
(G) the Convention for the Suppression of Unlaw-
ful Acts against the Safety of Maritime Navigation, 
done at Rome on March 10, 1988; 
(H) the Protocol for the Suppression of Unlawful 
Acts against the Safety of Fixed Platforms located on 
the Continental Shelf, done at Rome on March 10, 
1988; or 
(I) the International Convention for the Suppres-
sion of Terrorist Bombings, adopted by the General As-
sembly of the United Nations on December 15, 1997; 
(8) the term ‘‘intergovernmental organization’’ in-
cludes international organizations; 
(9) the term ‘‘international organization’’ has the 
same meaning as in section 136; 
(10) the term ‘‘armed conflict’’ does not include inter-
nal disturbances and tensions, such as riots, isolated and 
sporadic acts of violence, and other acts of a similar na-
ture; 
(13) the term ‘‘material support or resources’’ has the 
same meaning given that term in section 2339B(g)(4) of 
this title; and 
(14) the term ‘‘state’’ has the same meaning as that 
term has under international law, and includes all political 
subdivisions thereof. 
(f) CIVIL PENALTY.—In addition to any other criminal, 
civil, or administrative liability or penalty, any legal entity lo-
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cated within the United States or organized under the laws of 
the United States, including any of the laws of its States, dis-
tricts, commonwealths, territories, or possessions, shall be liable 
to the United States for the sum of at least $10,000, if a per-
son responsible for the management or control of that legal en-
tity has, in that capacity, committed an offense set forth in 
subsection (a). 
§ 280. Receiving military-type training from a for-
eign terrorist organization 
(a) OFFENSE.—Whoever, if a circumstance exists that is 
described in section 279(d), knowingly receives military-type 
training from or on behalf of any organization designated at 
the time of the training by the Secretary of State under section 
219(a)(1) of the Immigration and Nationality Act as a foreign 
terrorist organization shall be imprisoned for ten years. To vio-
late this subsection, a person must have knowledge that the or-
ganization is a designated terrorist organization (as defined in 
subsection (c)(4)), that the organization has engaged or en-
gages in terrorist activity (as defined in section 212 of the Im-
migration and Nationality Act), or that the organization has 
engaged or engages in terrorism (as defined in section 
140(d)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989). 
(b) DEFINITIONS.—As used in this section— 
(1) the term ‘‘military-type training’’ includes training 
in means or methods that can cause death or serious bodily 
injury, destroy or damage property, or disrupt services to 
critical infrastructure, or training on the use, storage, pro-
duction, or assembly of any explosive, firearm or other 
weapon, including any weapon of mass destruction (as de-
fined in section 2232a(c)(2)); 
(3) the term ‘‘critical infrastructure’’ means systems 
and assets vital to national defense, national security, eco-
nomic security, public health or safety including both re-
gional and national infrastructure. Critical infrastructure 
may be publicly or privately owned; examples of critical in-
frastructure include gas and oil production, storage, or de-
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livery systems, water supply systems, telecommunications 
networks, electrical power generation or delivery systems, 
financing and banking systems, emergency services (includ-
ing medical, police, fire, and rescue services), and transpor-
tation systems and services (including highways, mass tran-
sit, airlines, and airports); and 
(4) the term ‘‘foreign terrorist organization’’ means an 
organization designated as a terrorist organization under 
section 219(a)(1) of the Immigration and Nationality Act. 
§ 281. Civil remedies 
(a) ACTION
AND JURISDICTION.—Any national of the 
United States who suffers any loss by reason of an act of inter-
national terrorism, or the estate, survivors, or heirs of that na-
tional, may in a civil action in any appropriate district court 
of the United States recover threefold the damages sustained 
and the cost of the suit, including attorney’s fees. 
(b) ESTOPPEL UNDER UNITED STATES LAW.—A final 
judgment or decree rendered in favor of the United States in 
any criminal proceeding under section 102, 111, 112, 121, or 
123 of this title or section 46314, 46502, 46505, or 46506 of 
title 49 shall estop the defendant from denying the essential al-
legations of the criminal offense in any subsequent civil pro-
ceeding under this section. 
(c) ESTOPPEL UNDER FOREIGN LAW.—A final judgment 
or decree rendered in favor of any foreign state in any criminal 
proceeding shall, to the extent that such judgment or decree 
may be accorded full faith and credit under the law of the 
United States, estop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil pro-
ceeding under this section. 
(d) GENERAL VENUE.—A civil action under this section 
may be instituted the United States district court for any dis-
trict where any plaintiff resides or where any defendant resides 
or is served, or has an agent. Process in such a civil action may 
be served in any district where the defendant resides, is found, 
or has an agent. 
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(e) SPECIAL MARITIME OR TERRITORIAL JURISDICTION.— 
If the actions giving rise to the claim occurred within the spe-
cial maritime and territorial jurisdiction of the United States, 
then a civil action under this section may be instituted in the 
United States district court for any district in which any plain-
tiff resides or the defendant resides, is served, or has an agent. 
(f) SERVICE ON WITNESSES.—A witness in a civil action 
brought under this section may be served in any other district 
where the defendant resides, is found, or has an agent. 
(g) CONVENIENCE OF THE FORUM.—The district court 
shall not dismiss any action brought under this section on the 
grounds of the inconvenience or inappropriateness of the forum 
chosen, unless— 
(1) the action may be maintained in a foreign court 
that has jurisdiction over the subject matter and over all 
the defendants; 
(2) that foreign court is significantly more convenient 
and appropriate; and 
(3) that foreign court offers a remedy which is sub-
stantially the same as the one available in the courts of the 
United States. 
(h) STATUTE OF LIMITATIONS.— 
(1) Subject to subsection (b), a civil action under this 
section shall not be maintained unless commenced within 4 
years after the date the cause of action accrued. 
(2) The time of the absence of the defendant from the 
United States or from any jurisdiction in which the same 
or a similar action arising from the same facts may be 
maintained by the plaintiff, or of any concealment of the 
defendant’s whereabouts, shall not be included in the 4- 
year period set forth in paragraph (1). 
(i) ACTS OF WAR.—No action shall be maintained under 
this section of this title for injury or loss by reason of an act 
of war. 
(j) LIMITATION ON DISCOVERY.—If a party to an action 
under this section seeks to discover the investigative files of the 
Department of Justice, the Assistant Attorney General, Deputy 
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Attorney General, or Attorney General may object on the 
ground that compliance will interfere with a criminal investiga-
tion or prosecution of the incident, or a national security oper-
ation related to the incident, which is the subject of the civil 
litigation. The court shall evaluate any such objections in cam-
era and shall stay the discovery if the court finds that granting 
the discovery request will substantially interfere with a criminal 
investigation or prosecution of the incident or a national secu-
rity operation related to the incident. The court shall consider 
the likelihood of criminal prosecution by the Government and 
other factors it deems to be appropriate. A stay of discovery 
under this subsection shall constitute a bar to the granting of 
a motion to dismiss under rules 12(b)(6) and 56 of the Federal 
Rules of Civil Procedure. If the court grants a stay of discovery 
under this subsection, it may stay the action in the interests 
of justice. 
(k) STAY OF ACTION FOR CIVIL REMEDIES.— 
(1) The Attorney General may intervene in any civil 
action brought under this section for the purpose of seeking 
a stay of the civil action. A stay shall be granted if the 
court finds that the continuation of the civil action will sub-
stantially interfere with a criminal prosecution which in-
volves the same subject matter and in which an indictment 
has been returned, or interfere with national security oper-
ations related to the terrorist incident that is the subject 
of the civil action. A stay may be granted for up to 6 
months. The Attorney General may petition the court for 
an extension of the stay for additional 6-month periods 
until the criminal prosecution is completed or dismissed. 
(2) In a proceeding under this subsection, the Attor-
ney General may request that any order issued by the court 
for release to the parties and the public omit any reference 
to the basis on which the stay was sought. 
(l) SUITS AGAINST GOVERNMENTS.—No action shall be 
maintained under this section against— 
(1) the United States, an agency of the United States, 
or an officer or employee of the United States or any agen-
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cy thereof acting within his or her official capacity or under 
color of legal authority; or 
(2) a foreign state, an agency of a foreign state, or an 
officer or employee of a foreign state or an agency thereof 
acting within his or her official capacity or under color of 
legal authority. 
(m) EXCLUSIVE JURISDICTION.—The district courts of the 
United States shall have exclusive original jurisdiction over an 
action brought under this section. 
§ 282. Definitions for subchapter 
As used in this subchapter— 
(1) the term ‘‘international terrorism’’ means activities 
that— 
(A) involve violent acts or acts dangerous to 
human life that are a violation of the criminal laws of 
the United States or of any State, or that would be a 
criminal violation if committed within the jurisdiction 
of the United States or of any State; 
(B) appear to be intended— 
(i) to intimidate or coerce a civilian popu-
lation; 
(ii) to influence the policy of a government by 
intimidation or coercion; or 
(iii) to affect the conduct of a government by 
mass destruction, assassination, or kidnapping; and 
(C) occur primarily outside the territorial jurisdic-
tion of the United States, or transcend national bound-
aries in terms of the means by which they are accom-
plished, the persons they appear intended to intimidate 
or coerce, or the locale in which their perpetrators op-
erate or seek asylum; 
(3) the term ‘‘person’’ means any individual or entity 
capable of holding a legal or beneficial interest in property; 
(4) the term ‘‘act of war’’ means any act occurring in 
the course of— 
(A) declared war; 
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(B) armed conflict, whether or not war has been 
declared, between two or more nations; or 
(C) armed conflict between military forces of any 
origin; and 
(5) the term ‘‘domestic terrorism’’ means activities 
that— 
(A) involve acts dangerous to human life that are 
a violation of the criminal laws of the United States or 
of any State; 
(B) appear to be intended— 
(i) to intimidate or coerce a civilian popu-
lation; 
(ii) to influence the policy of a government by 
intimidation or coercion; or 
(iii) to affect the conduct of a government by 
mass destruction, assassination, or kidnapping; and 
(C) occur primarily within the territorial jurisdic-
tion of the United States. 
SUBCHAPTER C—MILITARY AND NAVY 
Sec. 
292.
Entering military, naval, or Coast Guard property. 
293.
Use of Army and Air Force as posse comitatus. 
§ 292. Entering military, naval, or Coast Guard 
property 
Whoever— 
(1) within the jurisdiction of the United States, goes 
upon any military, naval, or Coast Guard reservation, post, 
fort, arsenal, yard, station, or installation, for any purpose 
prohibited by law or lawful regulation; or 
(2) reenters or is found within any such reservation, 
post, fort, arsenal, yard, station, or installation, after hav-
ing been removed therefrom or ordered not to reenter by 
any officer or person in command or charge thereof; 
shall be or imprisoned not more than six months. 
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§ 293. Use of Army and Air Force as posse com-
itatus 
Whoever, except in cases and under circumstances ex-
pressly authorized by the Constitution or Act of Congress, 
knowingly uses any part of the Army or the Air Force as a 
posse comitatus or otherwise to execute the laws shall be im-
prisoned not more than two years. 
SUBCHAPTER D—CIVIL DISORDERS AND RIOTS 
Sec. 
296.
Civil disorders. 
§ 296. Civil disorders 
(a) OFFENSE WHOEVER— 
(1) teaches or demonstrates to any other person the 
use, application, or making of any firearm or explosive or 
incendiary device, or technique capable of causing injury or 
death to persons, knowing or having reason to know or in-
tending that the same will be unlawfully employed for use 
in, or in furtherance of, a civil disorder which is in or af-
fects interstate or foreign commerce or the performance of 
any federally protected function; 
(2) transports or manufactures for transportation in or af-
fecting interstate or foreign commerce any firearm or explosive 
or incendiary device, knowing or having reason to know or in-
tending that the same will be used unlawfully in furtherance of 
a civil disorder; or 
(3) commits or attempts to commit any act to obstruct, 
impede, or interfere with any fireman or law enforcement offi-
cer lawfully engaged in the lawful performance of official duties 
incident to and during the commission of a civil disorder which 
is in or affects commerce or the conduct or performance of any 
federally protected function; 
shall be imprisoned not more than five years. 
(b) LAW ENFORCMENT EXCLUSION.—Nothing in this sec-
tion makes unlawful any act of any law enforcement officer 
which is performed in the lawful performance of official duties. 
(c) DEFINTIONS.—The following definitions apply in this 
section: 
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Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS