§ 1365. — Tampering with consumer products.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1365]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 65--MALICIOUS MISCHIEF
Sec. 1365. Tampering with consumer products
(a) Whoever, with reckless disregard for the risk that another
person will be placed in danger of death or bodily injury and under
circumstances manifesting extreme indifference to such risk, tampers
with any consumer product that affects interstate or foreign commerce,
or the labeling of, or container for, any such product, or attempts to
do so, shall--
(1) in the case of an attempt, be fined under this title or
imprisoned not more than ten years, or both;
(2) if death of an individual results, be fined under this title
or imprisoned for any term of years or for life, or both;
(3) if serious bodily injury to any individual results, be fined
under this title or imprisoned not more than twenty years, or both;
and
(4) in any other case, be fined under this title or imprisoned
not more than ten years, or both.
(b) Whoever, with intent to cause serious injury to the business of
any person, taints any consumer product or renders materially false or
misleading the labeling of, or container for, a consumer product, if
such consumer product affects interstate or foreign commerce, shall be
fined under this title or imprisoned not more than three years, or both.
(c)(1) Whoever knowingly communicates false information that a
consumer product has been tainted, if such product or the results of
such communication affect interstate or foreign commerce, and if such
tainting, had it occurred, would create a risk of death or bodily injury
to another person, shall be fined under this title or imprisoned not
more than five years, or both.
(2) As used in paragraph (1) of this subsection, the term
``communicates false information'' means communicates information that
is false and that the communicator knows is false, under circumstances
in which the information may reasonably be expected to be believed.
(d) Whoever knowingly threatens, under circumstances in which the
threat may reasonably be expected to be believed, that conduct that, if
it occurred, would violate subsection (a) of this section will occur,
shall be fined under this title or imprisoned not more than five years,
or both.
(e) Whoever is a party to a conspiracy of two or more persons to
commit an offense under subsection (a) of this section, if any of the
parties intentionally engages in any conduct in furtherance of such
offense, shall be fined under this title or imprisoned not more than ten
years, or both.
(f)(1) Whoever, without the consent of the manufacturer, retailer,
or distributor, intentionally tampers with a consumer product that is
sold in interstate or foreign commerce by knowingly placing or inserting
any writing in the consumer product, or in the container for the
consumer product, before the sale of the consumer product to any
consumer shall be fined under this title, imprisoned not more than 1
year, or both.
(2) Notwithstanding the provisions of paragraph (1), if any person
commits a violation of this subsection after a prior conviction under
this section becomes final, such person shall be fined under this title,
imprisoned for not more than 3 years, or both.
(3) In this subsection, the term ``writing'' means any form of
representation or communication, including hand-bills, notices, or
advertising, that contain letters, words, or pictorial representations.
(g) In addition to any other agency which has authority to
investigate violations of this section, the Food and Drug Administration
and the Department of Agriculture, respectively, have authority to
investigate violations of this section involving a consumer product that
is regulated by a provision of law such Administration or Department, as
the case may be, administers.
(h) As used in this section--
(1) the term ``consumer product'' means--
(A) any ``food'', ``drug'', ``device'', or ``cosmetic'', as
those terms are respectively defined in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); or
(B) any article, product, or commodity which is customarily
produced or distributed for consumption by individuals, or use
by individuals for purposes of personal care or in the
performance of services ordinarily rendered within the
household, and which is designed to be consumed or expended in
the course of such consumption or use;
(2) the term ``labeling'' has the meaning given such term in
section 201(m) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(m));
(3) the term ``serious bodily injury'' means bodily injury which
involves--
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty; and
(4) the term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily member, organ, or
mental faculty; or
(E) any other injury to the body, no matter how temporary.
(Added Pub. L. 98-127, Sec. 2, Oct. 13, 1983, 97 Stat. 831; amended Pub.
L. 101-647, title XXXV, Sec. 3544, Nov. 29, 1990, 104 Stat. 4926; Pub.
L. 103-322, title XXXIII, Sec. 330016(1)(L), (O), (Q), (S), Sept. 13,
1994, 108 Stat. 2147, 2148; Pub. L. 107-307, Sec. 2, Dec. 2, 2002, 116
Stat. 2445.)
Codification
Another section 1365 was renumbered section 1366 of this title.
Amendments
2002--Subsecs. (f) to (h). Pub. L. 107-307 added subsec. (f) and
redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
1994--Subsec. (a)(1). Pub. L. 103-322, Sec. 330016(1)(O),
substituted ``fined under this title'' for ``fined not more than
$25,000''.
Subsec. (a)(2), (3). Pub. L. 103-322, Sec. 330016(1)(S), substituted
``fined under this title'' for ``fined not more than $100,000''.
Subsec. (a)(4). Pub. L. 103-322, Sec. 330016(1)(Q), substituted
``fined under this title'' for ``fined not more than $50,000''.
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted ``fined
under this title'' for ``fined not more than $10,000''.
Subsecs. (c)(1), (d), (e). Pub. L. 103-322, Sec. 330016(1)(O),
substituted ``fined under this title'' for ``fined not more than
$25,000''.
1990--Subsec. (g)(1)(A). Pub. L. 101-647 inserted opening quotation
marks before ``device''.
Short Title of 2002 Amendment
Pub. L. 107-307, Sec. 1, Dec. 2, 2002, 116 Stat. 2445, provided
that: ``This Act [amending this section] may be cited as the `Product
Packaging Protection Act of 2002'.''
Short Title
Section 1 of Pub. L. 98-127 provided: ``That this Act [enacting this
section and section 155A of Title 35, Patents] may be cited as the
`Federal Anti-Tampering Act'.''
Section Referred to in Other Sections
This section is referred to in sections 37, 38, 43, 113, 1153, 1347,
1993, 2119, 2332b, 2332f, 2339C, 3559, 3663A of this title; title 8
section 1324; title 49 section 30170.
