§ 2332a. — Use of weapons of mass destruction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2332a]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113B--TERRORISM
Sec. 2332a. Use of certain weapons of mass destruction
(a) Offense Against a National of the United States or Within the
United States.--A person who, without lawful authority, uses, threatens,
or attempts or conspires to use, a weapon of mass destruction (other
than a chemical weapon as that term is defined in section 229F)--
(1) against a national of the United States while such national
is outside of the United States;
(2) against any person within the United States, and the results
of such use affect interstate or foreign commerce or, in the case of
a threat, attempt, or conspiracy, would have affected interstate or
foreign commerce; or
(3) 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 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) Offense by National of the United States Outside of the United
States.--Any national of the United States who, without lawful
authority, uses, or threatens, attempts, or conspires to use, a weapon
of mass destruction (other than a chemical weapon (as that term is
defined in section 229F)) outside 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 by imprisonment for any term of years or
for life.
(c) Definitions.--For purposes of this section--
(1) the term ``national of the United States'' has the meaning
given in section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)); and
(2) the term ``weapon of mass destruction'' means--
(A) any destructive device as defined in section 921 of this
title;
(B) any weapon that is designed or intended to cause death
or serious bodily injury through the release, 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 defined in section 178 of this
title); or
(D) any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life.
(Added Pub. L. 103-322, title VI, Sec. 60023(a), Sept. 13, 1994, 108
Stat. 1980; amended Pub. L. 104-132, title V, Sec. 511(c), title VII,
Sec. 725, Apr. 24, 1996, 110 Stat. 1284, 1300; Pub. L. 104-294, title
VI, Sec. 605(m), Oct. 11, 1996, 110 Stat. 3510; Pub. L. 105-277, div. I,
title II, Sec. 201(b)(1), Oct. 21, 1998, 112 Stat. 2681-871; Pub. L.
107-188, title II, Sec. 231(d), June 12, 2002, 116 Stat. 661.)
Amendments
2002--Subsec. (a). Pub. L. 107-188, Sec. 231(d)(1), substituted
``section 229F)--'' for ``section 229F), including any biological agent,
toxin, or vector (as those terms are defined in section 178)--'' in
introductory provisions.
Subsec. (c)(2)(C). Pub. L. 107-188, Sec. 231(d)(2), substituted ``a
biological agent, toxin, or vector (as those terms are defined in
section 178 of this title)'' for ``a disease organism''.
1998--Pub. L. 105-277, Sec. 201(b)(1)(A), inserted ``certain''
before ``weapons'' in section catchline.
Subsec. (a). Pub. L. 105-277, Sec. 201(b)(1)(B), inserted ``(other
than a chemical weapon as that term is defined in section 229F)'' after
``weapon of mass destruction'' in introductory provisions.
Subsec. (b). Pub. L. 105-277, Sec. 201(b)(1)(C), inserted ``(other
than a chemical weapon (as that term is defined in section 229F))''
after ``weapon of mass destruction''.
1996--Subsec. (a). Pub. L. 104-132, Secs. 511(c), 725(1)(A), (B), in
heading, inserted ``Against a National of the United States or Within
the United States'' after ``Offense'', and in introductory provisions,
substituted ``, without lawful authority, uses, threatens, or attempts''
for ``uses, or attempts'' and inserted ``, including any biological
agent, toxin, or vector (as those terms are defined in section 178)''
after ``mass destruction''.
Subsec. (a)(2). Pub. L. 104-132, Sec. 725(1)(C), inserted before
semicolon at end ``, and the results of such use affect interstate or
foreign commerce or, in the case of a threat, attempt, or conspiracy,
would have affected interstate or foreign commerce''.
Subsec. (b). Pub. L. 104-132, Sec. 725(4), added subsec. (b). Former
subsec. (b) redesignated (c).
Subsec. (b)(2)(B). Pub. L. 104-132, Sec. 725(2), as amended by Pub.
L. 104-294, Sec. 605(m), added subpar. (B) and struck out former subpar.
(B) which read as follows: ``poison gas;''.
Subsec. (c). Pub. L. 104-132, Sec. 725(3), redesignated subsec. (b)
as (c).
Section Referred to in Other Sections
This section is referred to in sections 842, 1956, 2332b, 2332e,
2332f, 2339, 2339A, 2516, 3592 of this title; title 19 section 1583;
title 22 section 2296c.
