§ 1864. Hazardous or injurious devices on Federal lands

Statutory text

Whoever—

with the intent to violate the Controlled Substances Act,

with the intent to obstruct or harass the harvesting of timber, or

with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk,

uses a hazardous or injurious device on Federal land, on an Indian reservation, or on an Indian allotment while the title to such allotment is held in trust by the United States or while such allotment remains inalienable by the allottee without the consent of the United States shall be punished under subsection (b).

An individual who violates subsection (a) shall—

if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both;

if serious bodily injury to any individual results, be fined under this title or imprisoned for not more than 40 years, or both;

if bodily injury to any individual results, be fined under this title or imprisoned for not more than 20 years, or both;

if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate, be fined under this title or imprisoned for not more than 20 years, or both; and

in any other case, be fined under this title or imprisoned for not more than one year.

Any individual who is punished under subsection (b)(5) after one or more prior convictions under any such subsection shall be fined under this title or imprisoned for not more than 20 years, or both.

As used in this section—

the term “serious bodily injury” means bodily injury which involves—

a substantial risk of death;

extreme physical pain;

protracted and obvious disfigurement; and

protracted loss or impairment of the function of bodily member, organ, or mental faculty;

the term “bodily injury” means—

a cut, abrasion, bruise, burn, or disfigurement;

physical pain;

illness;

impairment of the function of a bodily member, organ, or mental faculty; or

any other injury to the body, no matter how temporary;

the term “hazardous or injurious device” means a device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. Such term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump; and

the term “avoidance costs” means costs incurred by any individual for the purpose of—

detecting a hazardous or injurious device; or

preventing death, serious bodily injury, bodily injury, or property damage likely to result from the use of a hazardous or injurious device in violation of subsection (a).

Any person injured as the result of a violation of subsection (a) may commence a civil action on his own behalf against any person who is alleged to be in violation of subsection (a). The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, in such civil actions. The court may award, in addition to monetary damages for any injury resulting from an alleged violation of subsection (a), costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate.

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.

1988
Anti-Drug Abuse Amendments Act of 1988
Pub. L. 100–690 title VI § 6254(f) · 102 Stat. 4181
Enacted · 18 U.S.C. § 1864
Added Pub. L. 100–690, title VI, § 6254(f), Nov. 18, 1988, 102 Stat. 4366
Source evidence
Code source credit
Added Pub. L. 100–690, title VI, § 6254(f), Nov. 18, 1988, 102 Stat. 4366
Enacted provision · exact public law section
(f) Criminal Penalty for Placing Hazardous or Injurious Devices on Federal Lands.— Chapter 91 of title 18, United States Code, is amended by adding at the end the following new section: “§ 1864. Hazardous or injurious devices on Federal lands “(a) Whoever— “(1) with the intent to violate the Controlled Substances Act, “(2) with the intent to obstruct or harass the harvesting of timber, or “(3) with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, uses a hazardous or injurious device on Federal land, on an Indian reservation, or on an Indian allotment while the title to such allotment is held in trust by the United States or while such allotment remains inalienable by the allottee without the consent of the United States shall be punished under subsection (b). “(b) An individual who violates subsection (a) shall— “(1) if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both; “(2) if serious bodily injury to any individual results, be fined under this title or imprisoned for not more than twenty years, or both; “(3) if bodily injury to any individual results, be fined under this title or imprisoned for not more than ten years, or both; “(4) if damage exceeding $10,000 to the property of any individual results, be fined under this title or imprisoned for not more than ten years, or both; and “(5) in any other case, be fined under this title or imprisoned for not more than one year. “(c) Any individual who is punished under subsection (b)(3), (4), or (5) after one or more prior convictions under any such subsection shall be fined under this title or imprisoned for not more than ten years, or both. “(d) As used in this section— “(1) the term ‘serious bodily injury’ means bodily injury which involves— “(A) a substantial risk of death; “(B) extreme physical pain; “(C) protracted and obvious disfigurement; and (D) protracted loss or impairment of the function of bodily member, organ, or mental faculty; and “(2) the term ‘bodily injury’ means— “(A) a cut, abrasion, bruise, burn, or disfigurement; “(B) physical pain; “(C) illness; “(D) impairment of the function of a bodily member, organ, or mental faculty; or “(E) any other injury to the body, no matter how temporary. “(3) the term ‘hazardous or injurious device’ means a device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. Such term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump.”.
1990
Crime Control Act of 1990
Pub. L. 101–647 title XXXV § 3555 · 104 Stat. 4789
1. Struck · 18 U.S.C. § 1864(d)(1)(D); 18 U.S.C. § 1864(d)(1)(E)
  Pub. L. 101–647 struck out “and” at end of subpar. (D)
2. Substituted · 18 U.S.C. § 1864(d)(1)(D); 18 U.S.C. § 1864(d)(1)(E)
  Pub. L. 101–647 substituted “; and” for period at end of subpar. (E)
Source evidence
Code amendment note
Subsec. (d)(1)(D), (E). Pub. L. 101–647 struck out “and” at end of subpar. (D) and substituted “; and” for period at end of subpar. (E).
Enacted provision · exact public law section
SEC. 3555. CORRECTION TO SECTION 1864. Section 1864 of title 18, United States Code, is amended— (1) by striking “and” at the end of subsection (d)(1)(D); and (2) in subsection (d)(2)(E), by striking the period at the end and inserting “; and”.
1994
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330007 · 108 Stat. 1796
Substituted · 18 U.S.C. § 1864(c)
Pub. L. 103–322 substituted “(b)(5)” for “(b)(3), (4), or (5)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–322 substituted “(b)(5)” for “(b)(3), (4), or (5)”.
Enacted provision · exact public law section
SEC. 330007. ELIMINATION OF REDUNDANT PENALTY. Section 1864(c) of title 18, United States Code, is amended by striking “(b) (3), (4), or (5)” and inserting “(b)(5)”.
1996
Pub. L. 104–134 § 101(c)(tIII)(s330)(1)(A) · 110 Stat. 1321
Substituted · 18 U.S.C. § 1864(b)(2)
Pub. L. 104–134, § 101(c) [title III, § 330(1)(A)], substituted “40” for “twenty”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 104–134, § 101(c) [title III, § 330(1)(A)], substituted “40” for “twenty”.
Enacted provision · exact public law section
Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:
1996
Pub. L. 104–134 § 101(c)(tIII)(s330)(1)(B) · 110 Stat. 1321
Substituted · 18 U.S.C. § 1864(b)(3)
Pub. L. 104–134, § 101(c) [title III, § 330(1)(B)], substituted “20” for “ten”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 104–134, § 101(c) [title III, § 330(1)(B)], substituted “20” for “ten”.
Enacted provision · exact public law section
Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:
1996
Pub. L. 104–134 § 101(c)(tIII)(s330)(1)(C) · 110 Stat. 1321
1. Substituted · 18 U.S.C. § 1864(b)(4)
  Pub. L. 104–134, § 101(c) [title III, § 330(1)(C), (D)], substituted “if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate,” for “if damage exceeding $10,000 to the property of any individual results,”
2. Substituted · 18 U.S.C. § 1864(b)(4)
  Pub. L. 104–134, § 101(c) [title III, § 330(1)(C), (D)], substituted “20” for “ten”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 104–134, § 101(c) [title III, § 330(1)(C), (D)], substituted “if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate,” for “if damage exceeding $10,000 to the property of any individual results,” and “20” for “ten”.
Enacted provision · exact public law section
Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:
1996
Pub. L. 104–134 § 101(c)(tIII)(s330)(2) · 110 Stat. 1321
Substituted · 18 U.S.C. § 1864(c)
Pub. L. 104–134, § 101(c) [title III, § 330(2)], substituted “20” for “ten”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–134, § 101(c) [title III, § 330(2)], substituted “20” for “ten”.
Enacted provision · exact public law section
Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:
1996
Pub. L. 104–134 § 101(c)(tIII)(s330)(3) · 110 Stat. 1321
Added · 18 U.S.C. § 1864(d)(4)
Pub. L. 104–134, § 101(c) [title III, § 330(3)], added par. (4)
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 104–134, § 101(c) [title III, § 330(3)], added par. (4).
Enacted provision · exact public law section
Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:
1996
Pub. L. 104–134 § 101(c)(tIII)(s330)(4) · 110 Stat. 1321
Added · 18 U.S.C. § 1864(e)
Pub. L. 104–134, § 101(c) [title III, § 330(4)], added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–134, § 101(c) [title III, § 330(4)], added subsec. (e).
Enacted provision · exact public law section
Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

11 of 11 references resolved to an enrolled provision

Editorial Notes

References in Text

The Controlled Substances Act, referred to in subsec. (a)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

Amendments1990–1996 · 3 rounds

1996

Subsec. (b)(2). Pub. L. 104–134, § 101(c) [title III, § 330(1)(A)], substituted “40” for “twenty”.

Subsec. (b)(3). Pub. L. 104–134, § 101(c) [title III, § 330(1)(B)], substituted “20” for “ten”.

Subsec. (b)(4). Pub. L. 104–134, § 101(c) [title III, § 330(1)(C), (D)], substituted “if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate,” for “if damage exceeding $10,000 to the property of any individual results,” and “20” for “ten”.

Subsec. (c). Pub. L. 104–134, § 101(c) [title III, § 330(2)], substituted “20” for “ten”.

Subsec. (d)(4). Pub. L. 104–134, § 101(c) [title III, § 330(3)], added par. (4).

Subsec. (e). Pub. L. 104–134, § 101(c) [title III, § 330(4)], added subsec. (e).