Title 18 — Crimes and Criminal Procedure
Part I · Chapter 113B — Terrorism
§ 2332. Criminal penalties
Statutory text
Homicide.—
Whoever kills a national of the United States, while such national is outside the United States, shall—
if the killing is murder (as defined in section 1111(a)), be fined under this title, punished by death or imprisonment for any term of years or for life, or both;
if the killing is a voluntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than ten years, or both; and
if the killing is an involuntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than three years, or both.
Attempt or Conspiracy With Respect to Homicide.—
Whoever outside the United States attempts to kill, or engages in a conspiracy to kill, a national of the United States shall—
in the case of an attempt to commit a killing that is a murder as defined in this chapter, be fined under this title or imprisoned not more than 20 years, or both; and
in the case of a conspiracy by two or more persons to commit a killing that is a murder as defined in section 1111(a) of this title, if one or more of such persons do any overt act to effect the object of the conspiracy, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned.
Other Conduct.—
Whoever outside the United States engages in physical violence—
with intent to cause serious bodily injury to a national of the United States; or
with the result that serious bodily injury is caused to a national of the United States;
shall be fined under this title or imprisoned not more than ten years, or both.
Limitation on Prosecution.—
No prosecution for any offense described in this section shall be undertaken by the United States except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.
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.
Omnibus Diplomatic Security and Antiterrorism Act of 1986
Pub. L. 99–399 title XII § 1202(a) · 100 Stat. 853
Enacted · 18 U.S.C. § 2332
Added Pub. L. 99–399, title XII, § 1202(a), Aug. 27, 1986, 100 Stat. 896, § 2331
Source evidence
Code source credit
Added Pub. L. 99–399, title XII, § 1202(a), Aug. 27, 1986, 100 Stat. 896, § 2331Enacted provision · exact public law section
(a) In General.— Part I of title 18, United States Code, is amended by inserting after chapter 113 the following: “CHAPTER 113A— EXTRATERRITORIAL JURISDICTION OVER TERRORIST ACTS ABROAD AGAINST UNITED STATES NATIONALS “§ 2331. Terrorist acts abroad against United States nationals “(a) Homicide.— Whoever kills a national of the United States, while such national is outside the United States, shall— “(1) if the killing is a murder as defined in section 1111(a) of this title, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned; “(2) if the killing is a voluntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than ten years, or both; and “(3) if the killing is an involuntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than three years, or both. “(b) Attempt or Conspiracy With Respect to Homicide.— Whoever outside the United States attempts to kill, or engages in a conspiracy to kill, a national of the United States shall— “(1) in the case of an attempt to commit a killing that is a murder as defined in this chapter, be fined under this title or imprisoned not more than 20 years, or both; and “(2) in the case of a conspiracy by two or more persons to commit a killing that is a murder as defined in section 1111(a) of this title, if one or more of such persons do any overt act to effect the object of the conspiracy, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned. “(c) Other Conduct.— Whoever outside the United States engages in physical violence— “(1) with intent to cause serious bodily injury to a national of the United States; or “(2) with the result that serious bodily injury is caused to a national of the United States; shall be fined under this title or imprisoned not more than five years, or both. “(d) Definition.— As used in this section the term ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). “(e) Limitation on Prosecution.— No prosecution for any offense described in this section shall be undertaken by the United States except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.”.Military Construction Appropriations Act, 1991
Pub. L. 101–519 § 132 · 104 Stat. 2240
Repealed · 18 U.S.C. § 2332
Pub. L. 101–519, § 132, which amended this section, was repealed by Pub. L. 102–27, § 402, as amended. See 1991 Amendment note above
Source evidence
Code amendment note
Pub. L. 101–519, § 132, which amended this section, was repealed by Pub. L. 102–27, § 402, as amended. See 1991 Amendment note above.Pub. L. 102–27 § 402 · 105 Stat. 130
Amended · 18 U.S.C. § 2332
Pub. L. 102–27, § 402, as amended by Pub. L. 102–136, § 126
Repealed · 18 U.S.C. § 2332
Pub. L. 102–27, § 402, as repealed Pub. L. 101–519, § 132
Amended · 18 U.S.C. § 2332
Pub. L. 102–27, § 402, as amended this section to read as if Pub. L. 101–519, § 132, had not been enacted, effective as of Nov. 5, 1990, the date of enactment of Pub. L. 101–519. See Codification note preceding this section
Source evidence
Code amendment note
Pub. L. 102–27, § 402, as amended by Pub. L. 102–136, § 126, repealed Pub. L. 101–519, § 132, and amended this section to read as if Pub. L. 101–519, § 132, had not been enacted, effective as of Nov. 5, 1990, the date of enactment of Pub. L. 101–519. See Codification note preceding this section.Enacted provision · exact public law section
SEC. 402. MILITARY CONSTRUCTION. In Public Law 101–519, the Military Construction Appropriations Act, 1991, sections 131 and 132 are hereby repealed. 50 USC 1701 note; 18 USC 2331 et seq.Federal Courts Administration Act of 1992
Pub. L. 102–572 title X § 1003(a)(1) · 106 Stat. 4506
Substituted · 18 U.S.C. § 2332
Pub. L. 102–572 renumbered section 2331 of this title as this section, substituted “Criminal penalties” for “Terrorist acts abroad against United States national” in section catchline
Redesignated · 18 U.S.C. § 2332
Pub. L. 102–572 renumbered section 2331 of this title as this section, redesignated subsec. (e) as (d)
Struck · 18 U.S.C. § 2332
Pub. L. 102–572 renumbered section 2331 of this title as this section, struck out former subsec. (d) which read as follows: “Definition.—As used in this section the term ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”
Source evidence
Code amendment note
Pub. L. 102–572 renumbered section 2331 of this title as this section, substituted “Criminal penalties” for “Terrorist acts abroad against United States national” in section catchline, redesignated subsec. (e) as (d), and struck out former subsec. (d) which read as follows: “Definition.—As used in this section the term ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”Enacted provision · exact public law section
(1) in section 2331 by striking subsection (d) and redesignating subsection (e) as subsection (d);Effective date note
Amendment by Pub. L. 102–572 applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as an Effective Date note under section 2331 of this title.Federal Death Penalty Act of 1994
Pub. L. 103–322 title VI § 60022 · 108 Stat. 1796
Amended · 18 U.S.C. § 2332(a)(1)
Pub. L. 103–322 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “if the killing is a murder as defined in section 1111(a) of this title, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned;”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 103–322 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “if the killing is a murder as defined in section 1111(a) of this title, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned;”.Enacted provision · exact public law section
SEC. 60022. TERRORIST DEATH PENALTY ACT. Section 2332(a)(1)of title 18, United States Code is amended to read as follows: “(1) if the killing is murder (as defined in section 1111(a)), be fined under this title, punished by death or imprisonment for any term of years or for life, or both;”.Pub. L. 104–132 title VII § 705(a)(6) · 110 Stat. 1214
Substituted · 18 U.S.C. § 2332(c)
Pub. L. 104–132 substituted “ten years” for “five years” in concluding provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–132 substituted “ten years” for “five years” in concluding provisions.Enacted provision · exact public law section
(6) in section 2332(c), by striking “five” and inserting “ten”.
9 of 10 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1990–1996 · 5 rounds
1996
Subsec. (c). Pub. L. 104–132 substituted “ten years” for “five years” in concluding provisions.
1994
Subsec. (a)(1). Pub. L. 103–322 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “if the killing is a murder as defined in section 1111(a) of this title, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned;”.
1992
Pub. L. 102–572 renumbered section 2331 of this title as this section, substituted “Criminal penalties” for “Terrorist acts abroad against United States national” in section catchline, redesignated subsec. (e) as (d), and struck out former subsec. (d) which read as follows: “Definition.—As used in this section the term ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”
1991
Pub. L. 102–27, § 402, as amended by Pub. L. 102–136, § 126, repealed Pub. L. 101–519, § 132, and amended this section to read as if Pub. L. 101–519, § 132, had not been enacted, effective as of , the date of enactment of Pub. L. 101–519. See Codification note preceding this section.
1990
Pub. L. 101–519, § 132, which amended this section, was repealed by Pub. L. 102–27, § 402, as amended. See 1991 Amendment note above.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 applicable to any pending case or any cause of action arising on or after 4 years before , see section 1003(c) of Pub. L. 102–572, set out as an Effective Date note under section 2331 of this title.
Credits
1986–1996 · 7 acts
- 1986Added Pub. L. 99–399, title XII, § 1202(a), , 100 Stat. 896, § 2331
- 1990amended Pub. L. 101–519, § 132(b), , 104 Stat. 2250
- 1991Pub. L. 102–27, title IV, § 402, , 105 Stat. 155
- 1991Pub. L. 102–136, § 126, , 105 Stat. 643
- 1992renumbered § 2332 and amended Pub. L. 102–572, title X, § 1003(a)(1), (2), , 106 Stat. 4521
- 1994Pub. L. 103–322, title VI, § 60022, , 108 Stat. 1980
- 1996Pub. L. 104–132, title VII, § 705(a)(6), , 110 Stat. 1295.
Show as published
(Added Pub. L. 99–399, title XII, § 1202(a), , 100 Stat. 896, § 2331; amended Pub. L. 101–519, § 132(b), , 104 Stat. 2250; Pub. L. 102–27, title IV, § 402, , 105 Stat. 155; Pub. L. 102–136, § 126, , 105 Stat. 643; renumbered § 2332 and amended Pub. L. 102–572, title X, § 1003(a)(1), (2), , 106 Stat. 4521; Pub. L. 103–322, title VI, § 60022, , 108 Stat. 1980; Pub. L. 104–132, title VII, § 705(a)(6), , 110 Stat. 1295.)