§ 2280. — Violence against maritime navigation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2280]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 111--SHIPPING
Sec. 2280. Violence against maritime navigation
(a) Offenses.--
(1) In general.--A person who unlawfully and intentionally--
(A) seizes or exercises control over a ship by force or
threat thereof or any other form of intimidation;
(B) performs an act of violence against a person on board a
ship if that act is likely to endanger the safe navigation of
that ship;
(C) destroys a ship or causes damage to a ship or to its
cargo which is likely to endanger the safe navigation of that
ship;
(D) places or causes to be placed on a ship, by any means
whatsoever, a device or substance which is likely to destroy
that ship, or cause damage to that ship or its cargo which
endangers or is likely to endanger the safe navigation of that
ship;
(E) destroys or seriously damages maritime navigational
facilities or seriously interferes with their operation, if such
act is likely to endanger the safe navigation of a ship;
(F) communicates information, knowing the information to be
false and under circumstances in which such information may
reasonably be believed, thereby endangering the safe navigation
of a ship;
(G) injures or kills any person in connection with the
commission or the attempted commission of any of the offenses
set forth in subparagraphs (A) through (F); or
(H) attempts or conspires to do any act prohibited under
subparagraphs (A) through (G),
shall be fined under this title, imprisoned not more than 20 years,
or both; and if the death of any person results from conduct
prohibited by this paragraph, shall be punished by death or
imprisoned for any term of years or for life.
(2) Threat to navigation.--A person who threatens to do any act
prohibited under paragraph (1)(B), (C) or (E), with apparent
determination and will to carry the threat into execution, if the
threatened act is likely to endanger the safe navigation of the ship
in question, shall be fined under this title, imprisoned not more
than 5 years, or both.
(b) Jurisdiction.--There is jurisdiction over the activity
prohibited in subsection (a)--
(1) in the case of a covered ship, if--
(A) such activity is committed--
(i) against or on board a ship flying the flag of the
United States at the time the prohibited activity is
committed;
(ii) in the United States; or
(iii) by a national of the United States or by a
stateless person whose habitual residence is in the United
States;
(B) during the commission of such activity, a national of
the United States is seized, threatened, injured or killed; or
(C) the offender is later found in the United States after
such activity is committed;
(2) in the case of a ship navigating or scheduled to navigate
solely within the territorial sea or internal waters of a country
other than the United States, if the offender is later found in the
United States after such activity is committed; and
(3) in the case of any vessel, if such activity is committed in
an attempt to compel the United States to do or abstain from doing
any act.
(c) Bar To Prosecution.--It is a bar to Federal prosecution under
subsection (a) for conduct that occurred within the United States that
the conduct involved was during or in relation to a labor dispute, and
such conduct is prohibited as a felony under the law of the State in
which it was committed. For purposes of this section, the term ``labor
dispute'' has the meaning set forth in section 2(c) \1\ of the Norris-
LaGuardia Act, as amended (29 U.S.C. 113(c)).
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\1\ So in original. Probably should be section ``13(c)''.
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(d) Delivery of Suspected Offender.--The master of a covered ship
flying the flag of the United States who has reasonable grounds to
believe that there is on board that ship any person who has committed an
offense under Article 3 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Maritime Navigation may deliver such
person to the authorities of a State Party to that Convention. Before
delivering such person to the authorities of another country, the master
shall notify in an appropriate manner the Attorney General of the United
States of the alleged offense and await instructions from the Attorney
General as to what action to take. When delivering the person to a
country which is a State Party to the Convention, the master shall,
whenever practicable, and if possible before entering the territorial
sea of such country, notify the authorities of such country of the
master's intention to deliver such person and the reasons therefor. If
the master delivers such person, the master shall furnish to the
authorities of such country the evidence in the master's possession that
pertains to the alleged offense.
(e) Definitions.--In this section--
``covered ship'' means a ship that is navigating or is scheduled
to navigate into, through or from waters beyond the outer limit of
the territorial sea of a single country or a lateral limit of that
country's territorial sea with an adjacent country.
``national of the United States'' has the meaning stated in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
``territorial sea of the United States'' means all waters
extending seaward to 12 nautical miles from the baselines of the
United States determined in accordance with international law.
``ship'' means a vessel of any type whatsoever not permanently
attached to the sea-bed, including dynamically supported craft,
submersibles or any other floating craft, but does not include a
warship, a ship owned or operated by a government when being used as
a naval auxiliary or for customs or police purposes, or a ship which
has been withdrawn from navigation or laid up.
``United States'', when used in a geographical sense, includes
the Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands and all territories and possessions of the United
States.
(Added Pub. L. 103-322, title VI, Sec. 60019(a), Sept. 13, 1994, 108
Stat. 1975; amended Pub. L. 104-132, title VII, Secs. 722, 723(a)(1),
Apr. 24, 1996, 110 Stat. 1299, 1300.)
Amendments
1996--Subsec. (a)(1)(H). Pub. L. 104-132, Sec. 723(a)(1), inserted
``or conspires'' after ``attempts''.
Subsec. (b)(1)(A)(ii). Pub. L. 104-132, Sec. 722(1), struck out
``and the activity is not prohibited as a crime by the State in which
the activity takes place'' after ``the United States''.
Subsec. (b)(1)(A)(iii). Pub. L. 104-132, Sec. 722(2), struck out
``the activity takes place on a ship flying the flag of a foreign
country or outside the United States,'' before ``by a national of the
United States''.
Effective Date
Section 60019(c) of Pub. L. 103-322 provided that: ``This section
[enacting this section and section 2281 of this title] and the
amendments made by this section shall take effect on the later of--
``(1) the date of the enactment of this Act [Sept. 13, 1994]; or
``(2)(A) in the case of section 2280 of title 18, United States
Code, the date the Convention for the Suppression of Unlawful Acts
Against the Safety of Maritime Navigation has come into force and
the United States has become a party to that Convention; and
``(B) in the case of section 2281 of title 18, United States
Code, the date the Protocol for the Suppression of Unlawful Acts
Against the Safety of Fixed Platforms Located on the Continental
Shelf has come into force and the United States has become a party
to that Protocol.''
[Convention and Protocol came into force Mar. 1, 1992, and entered into
force with respect to the United States Mar. 6, 1995, Treaty Doc. 101-
1.]
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in sections 1956, 2332b, 2339, 2339A,
3592 of this title.
