§ 1366. Destruction of an energy facility

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 title II § 1011(a) · 98 Stat. 1837

   Enacted · 18 U.S.C. § 1366

   Added Pub. L. 98–473, title II, § 1011(a), Oct. 12, 1984, 98 Stat. 2141, § 1365

   Source evidence

   Code source credit
   Added Pub. L. 98–473, title II, § 1011(a), Oct. 12, 1984, 98 Stat. 2141, § 1365

   Enacted provision · exact public law section
   (a) Chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following: “§ 1365. Destruction of an energy facility “(a) Whoever knowingly and willfully damages the property of an energy facility in an amount that in fact exceeds $100,000, or damages the property of an energy facility in any amount and causes a significant interruption or impairment of a function of an energy facility, shall be punishable by a fine of not more than $50,000 or imprisonment for not more than ten years, or both. “(b) Whoever knowingly and willfully damages the property of an energy facility in an amount that in fact exceeds $5,000 shall be punishable by a fine of not more than $25,000, or imprisonment for not more than five years, or both. “(c) For purposes of this section, the term ‘energy facility’ means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or interstate transmission facilities, as defined in 49 USC app. 1671. 49 U.S.C. 1671. “(d) The table of contents for chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new item: “1365 Destruction of an energy facility.”.

2. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 § 3545 · 104 Stat. 4789

   Substituted · 18 U.S.C. § 1366(c)

   Pub. L. 101–647, § 3545, substituted “section 2 of the Natural Gas Pipeline Safety Act of 1968” for “49 U.S.C. 1671”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–647, § 3545, substituted “section 2 of the Natural Gas Pipeline Safety Act of 1968” for “49 U.S.C. 1671”.

   Enacted provision · exact public law section
   SEC. 3545. CORRECTION OF CROSS REFERENCE. Section 1366(c) of title 18, United States Code, is amended by striking “49 U.S.C. 1671” and inserting “section 2 of the Natural Gas Pipeline Safety Act of 1968”.

3. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 § 3546 · 104 Stat. 4789

   Struck · 18 U.S.C. § 1366(d)

   Pub. L. 101–647, § 3546, struck out subsec. (d) which read as follows: “The table of contents for chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new item: ‘1365 Destruction of an energy facility.’ ”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–647, § 3546, struck out subsec. (d) which read as follows: “The table of contents for chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new item: ‘1365 Destruction of an energy facility.’ ”

   Enacted provision · exact public law section
   SEC. 3546. ELIMINATION OF EXECUTED CLERICAL AMENDMENT. Section 1366 of title 18, United States Code, is amended by striking subsection (d).

4. 1994

   Pub. L. 103–272 § 5(e)(9) · 108 Stat. 745

   Substituted · 18 U.S.C. § 1366(c)

   Pub. L. 103–272 substituted “an interstate gas pipeline facility as defined in section 60101 of title 49” for “interstate transmission facilities, as defined in section 2 of the Natural Gas Pipeline Safety Act of 1968”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–272 substituted “an interstate gas pipeline facility as defined in section 60101 of title 49” for “interstate transmission facilities, as defined in section 2 of the Natural Gas Pipeline Safety Act of 1968”.

   Enacted provision · exact public law section
   (9) In section 1366(c), strike “interstate transmission facilities, as defined in section 2 of the Natural Gas Pipeline Safety Act of 1968” and substitute “an interstate gas pipeline facility as defined in section 60101 of title 49”.

5. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330016(2)(C) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 1366(a)

   Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $50,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $50,000”.

   Enacted provision · exact public law section
   (C) in sections 115, 513, 709, 831, 1366, 1511 and 1959 by striking “of not more than” through the immediately following dollar amount each place it appears and inserting “under this title”;

6. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 320903(d)(3) · 108 Stat. 1796

   Inserted · 18 U.S.C. § 1366(a)

   Pub. L. 103–322, § 320903(d)(3), inserted “or attempts to damage” after “damages” in two places, “or would if the attempted offense had been completed have exceeded” after “exceeds”, and “or attempts to cause” after “causes”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–322, § 320903(d)(3), inserted “or attempts to damage” after “damages” in two places, “or would if the attempted offense had been completed have exceeded” after “exceeds”, and “or attempts to cause” after “causes”.

   Enacted provision · exact public law section
   (d) Malicious Mischief.— (1) Section 1361 of title 18, United States Code, is amended— (A) by inserting “or attempts to commit any of the foregoing offenses” before “shall be punished”, and (B) by inserting “or attempted damage” after “damage” each place it appears.

7. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330016(2)(C) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 1366(b)

   Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $25,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $25,000”.

   Enacted provision · exact public law section
   (C) in sections 115, 513, 709, 831, 1366, 1511 and 1959 by striking “of not more than” through the immediately following dollar amount each place it appears and inserting “under this title”;

8. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 320903(d)(3)(A) · 108 Stat. 1796

   Inserted · 18 U.S.C. § 1366(b)

   Pub. L. 103–322, § 320903(d)(3)(A), (C), inserted “or attempts to damage” after “damages” and “or would if the attempted offense had been completed have exceeded” after “exceeds”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–322, § 320903(d)(3)(A), (C), inserted “or attempts to damage” after “damages” and “or would if the attempted offense had been completed have exceeded” after “exceeds”.

   Enacted provision · exact public law section
   (d) Malicious Mischief.— (1) Section 1361 of title 18, United States Code, is amended— (A) by inserting “or attempts to commit any of the foregoing offenses” before “shall be punished”, and (B) by inserting “or attempted damage” after “damage” each place it appears.

9. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 § 810(b)(1) · 115 Stat. 272

   Substituted · 18 U.S.C. § 1366(a)

   Pub. L. 107–56, § 810(b)(1), substituted “20 years” for “ten years”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–56, § 810(b)(1), substituted “20 years” for “ten years”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “ten” and inserting “20”; and

10. 2001

    Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

    Pub. L. 107–56 § 810(b)(2) · 115 Stat. 272

    Added · 18 U.S.C. § 1366(d)

    Pub. L. 107–56, § 810(b)(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–56, § 810(b)(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(d) Whoever is convicted of a violation of subsection (a) or(b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life.”.

11. 2006

    Combating Terrorism Financing Act of 2005

    Pub. L. 109–177 title IV § 406(c)(2) · 120 Stat. 192

    1. Substituted · 18 U.S.C. § 1366(a)

       Pub. L. 109–177 substituted “attempts or conspires” for “attempts” wherever appearing

    2. Inserted · 18 U.S.C. § 1366(a)

       Pub. L. 109–177 inserted “, or if the object of the conspiracy had been achieved,” after “the attempted offense had been completed”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–177 substituted “attempts or conspires” for “attempts” wherever appearing and inserted “, or if the object of the conspiracy had been achieved,” after “the attempted offense had been completed”.

    Enacted provision · exact public law section
    (2) Section 1366(a) of title 18, United States Code, is amended— (A) by striking “attempts” each time it appears and inserting “attempts or conspires”; and (B) by inserting “, or if the object of the conspiracy had been achieved,” after “the attempted offense had been completed”.

12 of 12 references resolved to an enrolled provision