§ 844. — Penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC844]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 40--IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
EXPLOSIVE MATERIALS
Sec. 844. Penalties
(a) Any person who--
(1) violates any of subsections (a) through (i) or (l) through
(o) of section 842 shall be fined under this title, imprisoned for
not more than 10 years, or both; and
(2) violates subsection (p)(2) of section 842, shall be fined
under this title, imprisoned not more than 20 years, or both.
(b) Any person who violates any other provision of section 842 of
this chapter shall be fined under this title or imprisoned not more than
one year, or both.
(c)(1) Any explosive materials involved or used or intended to be
used in any violation of the provisions of this chapter or any other
rule or regulation promulgated thereunder or any violation of any
criminal law of the United States shall be subject to seizure and
forfeiture, and all provisions of the Internal Revenue Code of 1986
relating to the seizure, forfeiture, and disposition of firearms, as
defined in section 5845(a) of that Code, shall, so far as applicable,
extend to seizures and forfeitures under the provisions of this chapter.
(2) Notwithstanding paragraph (1), in the case of the seizure of any
explosive materials for any offense for which the materials would be
subject to forfeiture in which it would be impracticable or unsafe to
remove the materials to a place of storage or would be unsafe to store
them, the seizing officer may destroy the explosive materials forthwith.
Any destruction under this paragraph shall be in the presence of at
least 1 credible witness. The seizing officer shall make a report of the
seizure and take samples as the Attorney General may by regulation
prescribe.
(3) Within 60 days after any destruction made pursuant to paragraph
(2), the owner of (including any person having an interest in) the
property so destroyed may make application to the Attorney General for
reimbursement of the value of the property. If the claimant establishes
to the satisfaction of the Attorney General that--
(A) the property has not been used or involved in a violation of
law; or
(B) any unlawful involvement or use of the property was without
the claimant's knowledge, consent, or willful blindness,
the Attorney General shall make an allowance to the claimant not
exceeding the value of the property destroyed.
(d) Whoever transports or receives, or attempts to transport or
receive, in interstate or foreign commerce any explosive with the
knowledge or intent that it will be used to kill, injure, or intimidate
any individual or unlawfully to damage or destroy any building, vehicle,
or other real or personal property, shall be imprisoned for not more
than ten years, or fined under this title, or both; and if personal
injury results to any person, including any public safety officer
performing duties as a direct or proximate result of conduct prohibited
by this subsection, shall be imprisoned for not more than twenty years
or fined under this title, or both; and if death results to any person,
including any public safety officer performing duties as a direct or
proximate result of conduct prohibited by this subsection, shall be
subject to imprisonment for any term of years, or to the death penalty
or to life imprisonment.
(e) Whoever, through the use of the mail, telephone, telegraph, or
other instrument of interstate or foreign commerce, or in or affecting
interstate or foreign commerce, willfully makes any threat, or
maliciously conveys false information knowing the same to be false,
concerning an attempt or alleged attempt being made, or to be made, to
kill, injure, or intimidate any individual or unlawfully to damage or
destroy any building, vehicle, or other real or personal property by
means of fire or an explosive shall be imprisoned for not more than 10
years or fined under this title, or both.
(f)(1) Whoever maliciously damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any building,
vehicle, or other personal or real property in whole or in part owned or
possessed by, or leased to, the United States, or any department or
agency thereof, or any institution or organization receiving Federal
financial assistance, shall be imprisoned for not less than 5 years and
not more than 20 years, fined under this title, or both.
(2) Whoever engages in conduct prohibited by this subsection, and as
a result of such conduct, directly or proximately causes personal injury
or creates a substantial risk of injury to any person, including any
public safety officer performing duties, shall be imprisoned for not
less than 7 years and not more than 40 years, fined under this title, or
both.
(3) Whoever engages in conduct prohibited by this subsection, and as
a result of such conduct directly or proximately causes the death of any
person, including any public safety officer performing duties, shall be
subject to the death penalty, or imprisoned for not less than 20 years
or for life, fined under this title, or both.
(g)(1) Except as provided in paragraph (2), whoever possesses an
explosive in an airport that is subject to the regulatory authority of
the Federal Aviation Administration, or in any building in whole or in
part owned, possessed, or used by, or leased to, the United States or
any department or agency thereof, except with the written consent of the
agency, department, or other person responsible for the management of
such building or airport, shall be imprisoned for not more than five
years, or fined under this title, or both.
(2) The provisions of this subsection shall not be applicable to--
(A) the possession of ammunition (as that term is defined in
regulations issued pursuant to this chapter) in an airport that is
subject to the regulatory authority of the Federal Aviation
Administration if such ammunition is either in checked baggage or in
a closed container; or
(B) the possession of an explosive in an airport if the
packaging and transportation of such explosive is exempt from, or
subject to and in accordance with, regulations of the Research and
Special Projects Administration for the handling of hazardous
materials pursuant to chapter 51 of title 49.
(h) Whoever--
(1) uses fire or an explosive to commit any felony which may be
prosecuted in a court of the United States, or
(2) carries an explosive during the commission of any felony
which may be prosecuted in a court of the United States,
including a felony which provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device shall, in
addition to the punishment provided for such felony, be sentenced to
imprisonment for 10 years. In the case of a second or subsequent
conviction under this subsection, such person shall be sentenced to
imprisonment for 20 years. Notwithstanding any other provision of law,
the court shall not place on probation or suspend the sentence of any
person convicted of a violation of this subsection, nor shall the term
of imprisonment imposed under this subsection run concurrently with any
other term of imprisonment including that imposed for the felony in
which the explosive was used or carried.
(i) Whoever maliciously damages or destroys, or attempts to damage
or destroy, by means of fire or an explosive, any building, vehicle, or
other real or personal property used in interstate or foreign commerce
or in any activity affecting interstate or foreign commerce shall be
imprisoned for not less than 5 years and not more than 20 years, fined
under this title, or both; and if personal injury results to any person,
including any public safety officer performing duties as a direct or
proximate result of conduct prohibited by this subsection, shall be
imprisoned for not less than 7 years and not more than 40 years, fined
under this title, or both; and if death results to any person, including
any public safety officer performing duties as a direct or proximate
result of conduct prohibited by this subsection, shall also be subject
to imprisonment for any term of years, or to the death penalty or to
life imprisonment.
(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i)
of this section and section 842(p), the term ``explosive'' means
gunpowders, powders used for blasting, all forms of high explosives,
blasting materials, fuzes (other than electric circuit breakers),
detonators, and other detonating agents, smokeless powders, other
explosive or incendiary devices within the meaning of paragraph (5) of
section 232 of this title, and any chemical compounds, mechanical
mixture, or device that contains any oxidizing and combustible units, or
other ingredients, in such proportions, quantities, or packing that
ignition by fire, by friction, by concussion, by percussion, or by
detonation of the compound, mixture, or device or any part thereof may
cause an explosion.
(k) A person who steals any explosives materials which are moving
as, or are a part of, or which have moved in, interstate or foreign
commerce shall be imprisoned for not more than 10 years, fined under
this title, or both.
(l) A person who steals any explosive material from a licensed
importer, licensed manufacturer, or licensed dealer, or from any
permittee shall be fined under this title, imprisoned not more than 10
years, or both.
(m) A person who conspires to commit an offense under subsection (h)
shall be imprisoned for any term of years not exceeding 20, fined under
this title, or both.
(n) Except as otherwise provided in this section, a person who
conspires to commit any offense defined in this chapter shall be subject
to the same penalties (other than the penalty of death) as the penalties
prescribed for the offense the commission of which was the object of the
conspiracy.
(o) Whoever knowingly transfers any explosive materials, knowing or
having reasonable cause to believe that such explosive materials will be
used to commit a crime of violence (as defined in section 924(c)(3)) or
drug trafficking crime (as defined in section 924(c)(2)) shall be
subject to the same penalties as may be imposed under subsection (h) for
a first conviction for the use or carrying of an explosive material.
(p) Theft Reporting Requirement.--
(1) In general.--A holder of a license or permit who knows that
explosive materials have been stolen from that licensee or
permittee, shall report the theft to the Secretary \1\ not later
than 24 hours after the discovery of the theft.
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\1\ So in original. Probably should be ``Attorney General''.
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(2) Penalty.--A holder of a license or permit who does not
report a theft in accordance with paragraph (1), shall be fined not
more than $10,000, imprisoned not more than 5 years, or both.
(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
956; amended Pub. L. 97-298, Sec. 2, Oct. 12, 1982, 96 Stat. 1319; Pub.
L. 98-473, title II, Sec. 1014, Oct. 12, 1984, 98 Stat. 2142; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-690, title
VI, Sec. 6474(a), (b), Nov. 18, 1988, 102 Stat. 4379; Pub. L. 101-647,
title XXXV, Sec. 3522, Nov. 29, 1990, 104 Stat. 4924; Pub. L. 103-272,
Sec. 5(e)(7), July 5, 1994, 108 Stat. 1374; Pub. L. 103-322, title VI,
Sec. 60003(a)(3), title XI, Secs. 110504(b), 110509, 110515(b),
110518(b), title XXXII, Secs. 320106, 320917(a), title XXXIII,
Sec. 330016(1)(H), (K), (L), (N), Sept. 13, 1994, 108 Stat. 1969, 2016,
2018, 2020, 2111, 2129, 2147, 2148; Pub. L. 104-132, title VI, Sec. 604,
title VII, Secs. 701, 706, 708(a), (c)(3), 724, Apr. 24, 1996, 110 Stat.
1289, 1291, 1295-1297, 1300; Pub. L. 104-294, title VI, Sec. 603(a),
Oct. 11, 1996, 110 Stat. 3503; Pub. L. 106-54, Sec. 2(b), Aug. 17, 1999,
113 Stat. 399; Pub. L. 107-296, title XI, Secs. 1112(e)(3), 1125, 1127,
Nov. 25, 2002, 116 Stat. 2276, 2285.)
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (c)(1), is
set out as Title 26, Internal Revenue Code.
Section 5845(a) of that Code, referred to in subsec. (c)(1), is
section 5845(a) of Title 26.
Amendments
2002--Subsec. (c)(2), (3). Pub. L. 107-296, Sec. 1112(e)(3),
substituted ``Attorney General'' for ``Secretary'' wherever appearing.
Subsec. (f)(1). Pub. L. 107-296, Sec. 1125, inserted ``or any
institution or organization receiving Federal financial assistance,''
before ``shall''.
Subsec. (p). Pub. L. 107-296, Sec. 1127, added subsec. (p).
1999--Subsec. (a). Pub. L. 106-54, Sec. 2(b)(1), designated existing
provisions as par. (1) and added par. (2).
Subsec. (j). Pub. L. 106-54, Sec. 2(b)(2), inserted ``and section
842(p)'' after ``this section''.
1996--Subsec. (a). Pub. L. 104-132, Sec. 604, amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ``Any person
who violates subsections (a) through (i) of section 842 of this chapter
shall be fined under this title or imprisoned not more than ten years,
or both.''
Subsec. (e). Pub. L. 104-132, Secs. 708(a)(1), 724, substituted
``interstate or foreign commerce, or in or affecting interstate or
foreign commerce,'' for ``commerce'' and ``10'' for ``five''.
Subsec. (f). Pub. L. 104-132, Sec. 708(a)(2), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ``Whoever
maliciously damages or destroys, or attempts to damage or destroy, by
means of fire or an explosive, any building, vehicle, or other personal
or real property in whole or in part owned, possessed, or used by, or
leased to, the United States, any department or agency thereof, or any
institution or organization receiving Federal financial assistance shall
be imprisoned for not more than 20 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; and if personal injury results to any
person, including any public safety officer performing duties as a
direct or proximate result of conduct prohibited by this subsection,
shall be imprisoned for not more than 40 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; and if death results to any
person, including any public safety officer performing duties as a
direct or proximate result of conduct prohibited by this subsection,
shall be subject to imprisonment for any term of years, or to the death
penalty or to life imprisonment.''
Subsec. (h). Pub. L. 104-132, Sec. 708(a)(3), in concluding
provisions, substituted ``10 years'' and ``20 years'' for ``5 years but
not more than 15 years'' and ``10 years but not more than 25 years'',
respectively.
Subsec. (i). Pub. L. 104-294, which directed substitution of comma
for ``,,'' each place appearing, could not be executed because ``,,''
did not appear in text subsequent to amendment by Pub. L. 104-132,
Sec. 708(a)(4). See below.
Pub. L. 104-132, Sec. 708(c)(3), struck out at end ``No person shall
be prosecuted, tried, or punished for any noncapital offense under this
subsection unless the indictment is found or the information is
instituted within 7 years after the date on which the offense was
committed.''
Pub. L. 104-132, Sec. 708(a)(4)(B), which directed substitution of
``not less than 7 years and not more than 40 years, fined under this
title'' for ``not more than 40 years, fined the greater of a fine under
this title or the cost of repairing or replacing any property that is
damaged or destroyed,'', was executed by making the substitution in text
which read ``not more than 40 years, fined the greater of the fine under
this title'' to reflect the probable intent of Congress.
Pub. L. 104-132, Sec. 708(a)(4)(A), substituted ``not less than 5
years and not more than 20 years, fined under this title'' for ``not
more than 20 years, fined the greater of the fine under this title or
the cost of repairing or replacing any property that is damaged or
destroyed,''.
Subsec. (n). Pub. L. 104-132, Sec. 701, added subsec. (n).
Subsec. (o). Pub. L. 104-132, Sec. 706, added subsec. (o).
1994--Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(L), substituted
``fined under this title'' for ``fined not more than $10,000''.
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(H), substituted ``fined
under this title'' for ``fined not more than $1,000''.
Subsec. (c). Pub. L. 103-322, Sec. 110509, designated existing
provisions as par. (1) and added pars. (2) and (3).
Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(L), (N), substituted
``fined under this title'' for ``fined not more than $10,000'' after
``ten years, or'' and for ``fined not more than $20,000'' after ``twenty
years or''.
Pub. L. 103-322, Sec. 60003(a)(3)(A), struck out before period at
end ``as provided in section 34 of this title''.
Subsec. (e). Pub. L. 103-322, Sec. 330016(1)(K), substituted ``fined
under this title'' for ``fined not more than $5,000''.
Subsec. (f). Pub. L. 103-322, Sec. 320106(1)(B), which directed the
substitution of ``not more than 40 years, fined the greater of the fine
under this title or the cost of repairing or replacing any property that
is damaged or destroyed,'' for ``not more than twenty years, or fined
not more than $10,000'', was executed by making the substitution for
``not more than twenty years, or fined not more than $20,000'', to
reflect the probable intent of Congress.
Pub. L. 103-322, Sec. 320106(1)(A), substituted ``not more than 20
years, fined the greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or destroyed,'' for
``not more than ten years, or fined not more than $10,000''.
Pub. L. 103-322, Sec. 60003(a)(3)(B), struck out before period at
end ``as provided in section 34 of this title''.
Subsec. (g)(2)(B). Pub. L. 103-272 substituted ``chapter 51 of title
49'' for ``the Hazardous Materials Transportation Act (49 App. U.S.C.
1801, et seq.)''.
Subsec. (h). Pub. L. 103-322, Sec. 320106(2), in concluding
provisions, substituted ``5 years but not more than 15 years'' for
``five years'' and ``10 years but not more than 25 years'' for ``ten
years''.
Subsec. (i). Pub. L. 103-322, Sec. 320917(a), inserted at end ``No
person shall be prosecuted, tried, or punished for any noncapital
offense under this subsection unless the indictment is found or the
information is instituted within 7 years after the date on which the
offense was committed.''
Pub. L. 103-322, Sec. 320106(3), substituted ``not more than 20
years, fined the greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or destroyed,'' for
``not more than ten years or fined not more than $10,000'' and ``not
more than 40 years, fined the greater of the fine under this title or
the cost of repairing or replacing any property that is damaged or
destroyed,'' for ``not more than twenty years or fined not more than
$20,000''.
Pub. L. 103-322, Sec. 60003(a)(3)(C), struck out ``as provided in
section 34 of this title'' after ``death penalty or to life
imprisonment''.
Subsec. (k). Pub. L. 103-322, Sec. 110504(b), added subsec. (k).
Subsec. (l). Pub. L. 103-322, Sec. 110515(b), added subsec. (l).
Subsec. (m). Pub. L. 103-322, Sec. 110518(b), added subsec. (m).
1990--Subsec. (d). Pub. L. 101-647 substituted ``subsection,'' for
``subsection,,'' before ``shall be subject to imprisonment''.
1988--Subsec. (g). Pub. L. 100-690, Sec. 6474(a), designated
existing provisions as par. (1), substituted ``Except as provided in
paragraph (2), whoever'' for ``Whoever'', inserted ``in an airport that
is subject to the regulatory authority of the Federal Aviation
Administration, or'' after ``possess an explosive'', inserted ``or
airport'' after ``such building'', substituted ``not more than five
years, or fined under this title, or both'' for ``not more than one
year, or fined not more than $1,000, or both'', and added par. (2).
Subsec. (h). Pub. L. 100-690, Sec. 6474(b)(2), which directed the
amendment of subsec. (h) by striking ``shall be sentenced'' through the
end and inserting new provisions was executed by striking ``shall be
sentenced'' the first time it appeared through the end of the subsection
which resulted in inserting concluding provisions and striking out
former concluding provisions which read as follows: ``shall be sentenced
to a term of imprisonment for not less than one year nor more than ten
years. In the case of his second or subsequent conviction under this
subsection, such person shall be sentenced to a term of imprisonment for
not less than five years nor more than twenty-five years, and,
notwithstanding any other provision of law, the court shall not suspend
the sentence of such person or give him a probationary sentence.''
Subsec. (h)(2). Pub. L. 100-690, Sec. 6474(b)(1), in par. (2),
struck out ``unlawfully'' after ``explosive''.
1986--Subsec. (c). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
1984--Subsecs. (d), (f), (i). Pub. L. 98-473 substituted ``personal
injury results to any person, including any public safety officer
performing duties as a direct or proximate result of conduct prohibited
by this subsection,'' for ``personal injury results'' and ``death
results to any person, including any public safety officer performing
duties as a direct or proximate result of conduct prohibited by this
subsection,'' for ``death results''.
1982--Subsecs. (e), (f). Pub. L. 97-298, Sec. 2(a), inserted ``fire
or'' after ``by means of'' wherever appearing.
Subsec. (h)(1). Pub. L. 97-298, Sec. 2(b), inserted ``fire or''
after ``uses''.
Subsec. (i). Pub. L. 97-298, Sec. 2(c), inserted ``fire or'' after
``by means of''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Effective Date of 1996 Amendment
Amendment by section 604 of Pub. L. 104-132 effective 1 year after
Apr. 24, 1996, see section 607 of Pub. L. 104-132, set out as a note
under section 841 of this title.
Effective Date of 1994 Amendment
Section 320917(b) of Pub. L. 103-322 provided that: ``The amendment
made by subsection (a) [amending this section] shall not apply to any
offense described in the amendment that was committed more than 5 years
prior to the date of enactment of this Act [Sept. 13, 1994].''
Effective Date
Subsecs. (a) to (c) of this section effective 120 days after Oct.
15, 1970, and subsecs. (d) to (j) of this section effective on Oct. 15,
1970, see section 1105(a), (b), set out as a note under section 841 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 841, 842, 845, 846, 981,
982, 1956, 2332b, 2332f, 2339, 2339A, 2516, 3295, 3592, 5032 of this
title; title 8 section 1101.
