§ 1366. — Destruction of an energy facility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1366]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 65--MALICIOUS MISCHIEF
Sec. 1366. Destruction of an energy facility
(a) Whoever knowingly and willfully damages or attempts to damage
the property of an energy facility in an amount that in fact exceeds or
would if the attempted offense had been completed have exceeded
$100,000, or damages or attempts to damage the property of an energy
facility in any amount and causes or attempts to cause a significant
interruption or impairment of a function of an energy facility, shall be
punishable by a fine under this title or imprisonment for not more than
20 years, or both.
(b) Whoever knowingly and willfully damages or attempts to damage
the property of an energy facility in an amount that in fact exceeds or
would if the attempted offense had been completed have exceeded $5,000
shall be punishable by a fine under this title, or imprisonment for not
more than five years, or both.
(c) For purposes of this section, the term ``energy facility'' means
a facility that is involved in the production, storage, transmission, or
distribution of electricity, fuel, or another form or source of energy,
or research, development, or demonstration facilities relating thereto,
regardless of whether such facility is still under construction or is
otherwise not functioning, except a facility subject to the
jurisdiction, administration, or in the custody of the Nuclear
Regulatory Commission or an interstate gas pipeline facility as defined
in section 60101 of title 49.
(d) Whoever is convicted of a violation of subsection (a) or (b)
that has resulted in the death of any person shall be subject to
imprisonment for any term of years or life.
(Added Pub. L. 98-473, title II, Sec. 1011(a), Oct. 12, 1984, 98 Stat.
2141, Sec. 1365; renumbered Sec. 1366, Pub. L. 99-646, Sec. 29(a), Nov.
10, 1986, 100 Stat. 3598; amended Pub. L. 101-647, title XXXV,
Secs. 3545, 3546, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 103-272,
Sec. 5(e)(9), July 5, 1994, 108 Stat. 1374; Pub. L. 103-322, title
XXXII, Sec. 320903(d)(3), title XXXIII, Sec. 330016(2)(C), Sept. 13,
1994, 108 Stat. 2125, 2148; Pub. L. 107-56, title VIII, Sec. 810(b),
Oct. 26, 2001, 115 Stat. 380.)
Amendments
2001--Subsec. (a). Pub. L. 107-56, Sec. 810(b)(1), substituted ``20
years'' for ``ten years''.
Subsec. (d). Pub. L. 107-56, Sec. 810(b)(2), added subsec. (d).
1994--Subsec. (a). Pub. L. 103-322, Sec. 330016(2)(C), substituted
``fine under this title'' for ``fine of not more than $50,000''.
Pub. L. 103-322, Sec. 320903(d)(3), inserted ``or attempts to
damage'' after ``damages'' in two places, ``or would if the attempted
offense had been completed have exceeded'' after ``exceeds'', and ``or
attempts to cause'' after ``causes''.
Subsec. (b). Pub. L. 103-322, Sec. 330016(2)(C), substituted ``fine
under this title'' for ``fine of not more than $25,000''.
Pub. L. 103-322, Sec. 320903(d)(3)(A), (C), inserted ``or attempts
to damage'' after ``damages'' and ``or would if the attempted offense
had been completed have exceeded'' after ``exceeds''.
Subsec. (c). Pub. L. 103-272 substituted ``an interstate gas
pipeline facility as defined in section 60101 of title 49'' for
``interstate transmission facilities, as defined in section 2 of the
Natural Gas Pipeline Safety Act of 1968''.
1990--Subsec. (c). Pub. L. 101-647, Sec. 3545, substituted ``section
2 of the Natural Gas Pipeline Safety Act of 1968'' for ``49 U.S.C.
1671''.
Subsec. (d). Pub. L. 101-647, Sec. 3546, struck out subsec. (d)
which read as follows: ``The table of contents for chapter 65 of title
18, United States Code, is amended by adding at the end thereof the
following new item: `1365 Destruction of an energy facility.' ''
Section Referred to in Other Sections
This section is referred to in sections 2332b, 2339, 2339A, 2516 of
this title.
