§ 81. — Arson within special maritime and territorial jurisdiction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC81]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 5--ARSON
Sec. 81. Arson within special maritime and territorial
jurisdiction
Whoever, within the special maritime and territorial jurisdiction of
the United States, willfully and maliciously sets fire to or burns any
building, structure or vessel, any machinery or building materials or
supplies, military or naval stores, munitions of war, or any structural
aids or appliances for navigation or shipping, or attempts or conspires
to do such an act, shall be imprisoned for not more than 25 years, fined
the greater of the fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed, or both.
If the building be a dwelling or if the life of any person be placed
in jeopardy, he shall be fined under this title or imprisoned for any
term of years or for life, or both.
(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-132,
title VII, Sec. 708(b), Apr. 24, 1996, 110 Stat. 1296; Pub. L. 107-56,
title VIII, Secs. 810(a), 811(a), Oct. 26, 2001, 115 Stat. 380, 381.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 464, 465 (Mar. 4, 1909,
ch. 321, Secs. 285, 286, 35 Stat. 1144).
Sections were consolidated and rewritten both as to form and
substance and that part of each section relating to destruction of
property by means other than burning constitutes section 1363 of this
title.
The words ``within the maritime and territorial jurisdiction of the
United States'' were added to preserve existing limitations of
territorial applicability. (See section 7 of this title and note
thereunder.)
The phrase ``any building, structure, or vessel, any machinery or
building materials and supplies, military or naval stores, munitions of
war or any structural aids or appliances for navigation or shipping''
was substituted for ``any dwelling house, or any store, barn, stable, or
other building, parcel of a dwelling house'', in section 464 of title
18, U.S.C., 1940 ed., and ``any arsenal, armory, magazine, rope walk,
ship house, warehouse, blockhouse, or barrack, or any storehouse, barn
or stable, not parcel of a dwelling house, or any other building not
mentioned in the section last preceding, or any vessel, built, building,
or undergoing repair, or any lighthouse, or beacon, or any machinery,
timber, cables, rigging, or other materials or appliances for building,
repairing or fitting out vessels, or any pile of wood, boards, or other
lumber, or any military, naval or victualing stores, arms, or other
munitions of war'', in section 465 of title 18, U.S.C., 1940 ed. The
substituted phrase is a concise and comprehensive description of the
things enumerated in both sections.
The punishment provisions are new and are graduated with some regard
to the gravity of the offense. It was felt that a possible punishment of
20 years for burning a wood pile or injuring or destroying an
outbuilding was disproportionate and not in harmony with recent
legislation.
Amendments
2001--Pub. L. 107-56, in first par., struck out ``, or attempts to
set fire to or burn'' after ``maliciously sets fire to or burns'' and
inserted ``or attempts or conspires to do such an act,'' before ``shall
be imprisoned'' and, in second par., substituted ``for any term of years
or for life'' for ``not more than twenty years''.
1996--Pub. L. 104-132, in first par., substituted ``imprisoned for
not more than 25 years, fined the greater of the fine under this title
or the cost of repairing or replacing any property that is damaged or
destroyed, or both'' for ``fined under this title or imprisoned not more
than five years, or both''.
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $1,000'' in first par. and for ``fined not more
than $5,000'' in second par.
Section Referred to in Other Sections
This section is referred to in sections 2332b, 2339A, 3295, 5032 of
this title.
