§ 1864. — Hazardous or injurious devices on Federal lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1864]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 91--PUBLIC LANDS
Sec. 1864. Hazardous or injurious devices on Federal lands
(a) Whoever--
(1) with the intent to violate the Controlled Substances Act,
(2) with the intent to obstruct or harass the harvesting of
timber, or
(3) with reckless disregard to the risk that another person will
be placed in danger of death or bodily injury and under
circumstances manifesting extreme indifference to such risk,
uses a hazardous or injurious device on Federal land, on an Indian
reservation, or on an Indian allotment while the title to such allotment
is held in trust by the United States or while such allotment remains
inalienable by the allottee without the consent of the United States
shall be punished under subsection (b).
(b) An individual who violates subsection (a) shall--
(1) if death of an individual results, be fined under this title
or imprisoned for any term of years or for life, or both;
(2) if serious bodily injury to any individual results, be fined
under this title or imprisoned for not more than 40 years, or both;
(3) if bodily injury to any individual results, be fined under
this title or imprisoned for not more than 20 years, or both;
(4) if damage to the property of any individual results or if
avoidance costs have been incurred exceeding $10,000, in the
aggregate, be fined under this title or imprisoned for not more than
20 years, or both; and
(5) in any other case, be fined under this title or imprisoned
for not more than one year.
(c) Any individual who is punished under subsection (b)(5) after one
or more prior convictions under any such subsection shall be fined under
this title or imprisoned for not more than 20 years, or both.
(d) As used in this section--
(1) 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; and
(D) protracted loss or impairment of the function of bodily
member, organ, or mental faculty;
(2) 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;
(3) the term ``hazardous or injurious device'' means a device,
which when assembled or placed, is capable of causing bodily injury,
or damage to property, by the action of any person making contact
with such device subsequent to the assembly or placement. Such term
includes guns attached to trip wires or other triggering mechanisms,
ammunition attached to trip wires or other triggering mechanisms, or
explosive devices attached to trip wires or other triggering
mechanisms, sharpened stakes, lines or wires, lines or wires with
hooks attached, nails placed so that the sharpened ends are
positioned in an upright manner, or tree spiking devices including
spikes, nails, or other objects hammered, driven, fastened, or
otherwise placed into or on any timber, whether or not severed from
the stump; and
(4) the term ``avoidance costs'' means costs incurred by any
individual for the purpose of--
(A) detecting a hazardous or injurious device; or
(B) preventing death, serious bodily injury, bodily injury,
or property damage likely to result from the use of a hazardous
or injurious device in violation of subsection (a).
(e) Any person injured as the result of a violation of subsection
(a) may commence a civil action on his own behalf against any person who
is alleged to be in violation of subsection (a). The district courts
shall have jurisdiction, without regard to the amount in controversy or
the citizenship of the parties, in such civil actions. The court may
award, in addition to monetary damages for any injury resulting from an
alleged violation of subsection (a), costs of litigation, including
reasonable attorney and expert witness fees, to any prevailing or
substantially prevailing party, whenever the court determines such award
is appropriate.
(Added Pub. L. 100-690, title VI, Sec. 6254(f), Nov. 18, 1988, 102 Stat.
4366; amended Pub. L. 101-647, title XXXV, Sec. 3555, Nov. 29, 1990, 104
Stat. 4927; Pub. L. 103-322, title XXXIII, Sec. 330007, Sept. 13, 1994,
108 Stat. 2142; Pub. L. 104-134, title I, Sec. 101(c) [title III,
Sec. 330], Apr. 26, 1996, 110 Stat. 1321-156, 1321-208; renumbered title
I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)
References in Text
The Controlled Substances Act, referred to in subsec. (a)(1), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended,
which is classified principally to subchapter I (Sec. 801 et seq.) of
chapter 13 of Title 21, Food and Drugs. For complete classification of
this Act to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
Amendments
1996--Subsec. (b)(2). Pub. L. 104-134, Sec. 101(c) [title III,
Sec. 330(1)(A)], substituted ``40'' for ``twenty''.
Subsec. (b)(3). Pub. L. 104-134, Sec. 101(c) [title III,
Sec. 330(1)(B)], substituted ``20'' for ``ten''.
Subsec. (b)(4). Pub. L. 104-134, Sec. 101(c) [title III,
Sec. 330(1)(C), (D)], substituted ``if damage to the property of any
individual results or if avoidance costs have been incurred exceeding
$10,000, in the aggregate,'' for ``if damage exceeding $10,000 to the
property of any individual results,'' and ``20'' for ``ten''.
Subsec. (c). Pub. L. 104-134, Sec. 101(c) [title III, Sec. 330(2)],
substituted ``20'' for ``ten''.
Subsec. (d)(4). Pub. L. 104-134, Sec. 101(c) [title III,
Sec. 330(3)], added par. (4).
Subsec. (e). Pub. L. 104-134, Sec. 101(c) [title III, Sec. 330(4)],
added subsec. (e).
1994--Subsec. (c). Pub. L. 103-322 substituted ``(b)(5)'' for
``(b)(3), (4), or (5)''.
1990--Subsec. (d)(1)(D), (E). Pub. L. 101-647 struck out ``and'' at
end of subpar. (D) and substituted ``; and'' for period at end of
subpar. (E).
