§ 844. Penalties

Footnotes

1. 1 So in original. Probably should be “Attorney General”.

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. 1970

   Organized Time Control Act of 1970

   Pub. L. 91–452 title XI § 1102(a) · 84 Stat. 922

   Enacted · 18 U.S.C. § 844

   Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 956

   Source evidence

   Code source credit
   Added Pub. L. 91–452, title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 956

   Enacted provision · exact public law section
   Sec. 1102. Title 18, United States Code, is amended by adding after 68 Stat. 170; 74 Stat. 87, 808. 18 USC 831. chapter 39 the following chapter: “Chapter 40.— IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS “Sec. “841. Definitions. “842. Unlawful acts. “843. Licensing and user permits. “844. Penalties. “845. Exceptions; relief from disabilities. “846. Additional powers Of the Secretary. “847. Rules and regulations. “848. Effect on State law. “§ 841. Definitions “As used in this chapter— “(a) ‘Person’ means any individual, corporation, company, association, firm, partnership, society, or joint stock company. “(b) ‘Interstate or foreign commerce’ means commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, and commerce between places within the same State but through any place, outside of that State. ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). “(c) ‘Explosive materials’ means explosives, blasting agents, and detonators. “(d) Except, for the purposes of subsections (d), (e), (f), (g), (h), (i), and (j) of section 844 of this title, ‘explosives’ means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The Secretary Publication in Federal Register. shall publish and revise at least annually in the Federal Register a list of these and any additional explosives which he determines to be within the coverage of this chapter. For the purposes of subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, the term ‘explosive’ is defined in subsection (j) of such section 844. “(e) ‘Blasting agent’ means any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive: Provided, That the finished product, as mixed for use or shipment., cannot be detonated by means of a numbered 8 test blasting cap when unconfined. “(f) ‘Detonator’ means any device containing a detonating charge that is used for initiating detonation in an explosive; the term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors. “(g) ‘Importer’ means any person engaged in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution. “(h) ‘Manufacturer means any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use. “(i) ‘Dealer means any person engaged in the business of distributing explosive materials at wholesale or retail. “(j) ‘Permittee’ means any user of explosives for a lawful purpose, who has obtained a user permit under the provisions of this chapter. “(k) ‘Secretary’ means the Secretary of the Treasury or his delegate. “(l) ‘Crime punishable by imprisonment for a term exceeding one year’ shall not mean (1) any Federal or State offenses pertaining to antitrust, violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Secretary may by regulation designate, or (2) any State offense (other than one involving a firearm or explosive) classified by the laws of the State, as a misdemeanor and punishable by a term of imprisonment, of two years or less. “(m) ‘Licensee’ means any importer, manufacturer, or dealer licensed under the provisions of this chapter. “(n) ‘Distribute’ means sell, issue, give, transfer, or otherwise dispose of. “§ 842. Unlawful acts “(a) It shall be unlawful for any person— “(1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter; “(2) knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the provisions of this chapter; and “(3) other than a licensee or permittee knowingly— “(A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials, except that a person who lawfully purchases explosive materials from a licensee in a State contiguous to the State in which the purchaser resides may ship, transport, or cause to be transported such explosive materials to the State in which he resides and may receive such explosive materials in the State in which he resides, if such transportation, shipment, or receipt is permitted by the law of the State in which he resides; or “(B) to distribute explosive materials to any person (other than a licensee, or permittee) who the distributor knows or has reasonable cause to believe does not reside in the State in which the distributor resides. “(b) It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person except— “(1) a licensee; “(2) a permittee; or “(3) a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser’s residence. “(c) It shall be unlawful for any licensee to distribute explosive materials to any person who the licensee has reason to believe intends to transport such explosive materials into a State where the purchase, possession, or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into it or to receive explosive materials in it. “(d) It shall be unlawful for any licensee knowingly to distribute explosive materials to any individual who: “(1) is under twenty-one years of age; “(2) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; “(3) is under indictment for a crime punishable by imprisonment for a term exceeding one year; “(4) is a fugitive from justice; “(5) is an unlawful user of marihuana (as defined in section 68A Stat. 565. 26 USC 4761. 4761 of the Internal Revenue Code of 1954) or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, 79 Stat. 227; 82 Stat. 1361. 21 USC 321. 74 Stat. 57. 26 USC 4731. Drug, and Cosmetic Act) or narcotic drug (as defined in section 4721(a) of the Internal Revenue Code of 1954); or “(6) has been adjudicated a mental defective. “(e) It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person in any State where the purchase, possession, or use by such person of such explosive materials would be in violation of any State law or any published ordinance applicable at the place of distribution. “(f) It shall be unlawful for any licensee or permittee willfully to manufacture, import, purchase, distribute, or receive explosive materials without making such records as the Secretary may by regulation require, including, but not limited to, a statement of intended use, the name, date, place of birth, social security number or taxpayer identification number, and place of residence of any natural person to whom explosive materials are distributed. If explosive materials are distributed to a corporation or other business entity, such records shall include the identity and principal and local places of business a: I the name, date, place of birth, and place of residence of the natural person acting as agent of the corporation or other business entity in arranging the distribution. “(g) It shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which he is required to keep pursuant to this section or regulations promulgated under section 847 Post, p. 959. of this title. “(h) It shall be unlawful for any person to receive, conceal, transport, ship, store, barter, sell, or dispose of any explosive materials knowing or having reasonable cause to believe that such explosive materials were stolen. “(i) It shall be unlawful for any person— “(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; “(2) who is a fugitive from justice; “(3) who is an unlawful user of or addicted to marihuana (as defined in section 4761 of the Internal Revenue Code of 1954) 68A Stat. 565 26 USC 4761. or any depressant or stimulant drug (as defined in section 201 (v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug 79 Stat. 227; 82 Stat. 1361. 21 USC 321. 74 Stat. 57. 26 USC 4731. (as defined in section 4731(a) of the Internal Revenue Code of 1954); or “(4) who has been adjudicated as a mental defective or who has been committed to a mental institution; to ship or transport any explosive in interstate or foreign commerce or to receive any explosive which has been shipped or transported in interstate or foreign commerce. “(j) It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary. In promulgating such regulations, the Secretary shall take into consideration the class, type, and quantity of explosive materials to be stored, as well as the standards of safety and security recognized in the explosives industry. “(k) It shall be unlawful for any person who has knowledge of the theft or loss of any explosive materials from his stock, to fail to report such theft or loss within twenty-four hours of discovery thereof, to the Secretary and to appropriate local authorities. “§ 843. Licenses and user permits “(a) An application for a user permit or a license to import, manufacture, or deal in explosive materials shall be in such form and contain such information as the Secretary shall by regulation prescribe. Each applicant for a license or permit shall pay a fee to be charged as set by the Secretary, said fee not to exceed $200 for each license or permit. Each license or permit shall be valid for no longer than three years from date of issuance and shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit and upon payment of a renewal fee not to exceed one-half of the original fee. “(b) Upon the filing of a proper application and payment of the prescribed fee, and subject to the provisions of this chapter and other applicable laws, the Secretary shall issue to such applicant the appropriate license or permit if— “(1) the applicant (including in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not a person to whom the distribution of explosive materials would be unlawful under section 842(d) of this chapter; “(2) the applicant has not willfully violated any of the provisions of this chapter or regulations issued hereunder; “(3) the applicant has in a State premises from which he conducts or intends to conduct business; “(4) the applicant has a place of storage for explosive materials which meets such standards of public safety and security against theft as the Secretary by regulations shall prescribe; and “(5) the applicant has demonstrate and certified in writing that he is familiar with all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business. “(c) The Secretary shall approve or deny an application within a period of forty-five days beginning on the date such application is received by the Secretary. “(d) The Secretary may revoke any license or permit issued under this section if in the opinion of the Secretary the holder thereof has violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter, or has become ineligible to acquire explosive materials under section 842(d). The Secretary’s action under this subsection may be reviewed only as provided in subsection (e) (2) of this section. “(e) (1) Any person whose application is denied or whose license or permit is revoked shall receive a written notice from the Secretary stating the specific grounds upon which such denial or revocation is based. Any notice of a revocation of a license or permit shall be given to the holder of such license or permit prior to or concurrently with the effective date of the revocation. “(2) If the Secretary denies an application for, or revokes a license, or permit, be shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation, the Secretary may upon a request of the holder stay the effective date of the revocation. A hearing under this section shall be at a location convenient to the aggrieved party. The Secretary shall give written notice of his decision to the aggrieved party within a reasonable time after the hearing. The aggrieved party may, within sixty days after receipt of the Secretary’s written decision, file a petition with the United States court of appeals for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation, pursuant to sections 701–706 of title 5, United States 80 Stat. 392. Code. “(f) Licensees and permittees shall make available for inspection at all reasonable times their records kept pursuant to this chapter or the regulations issued hereunder, and shall submit, to the Secretary such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Secretary may enter during business hours the premises (including places of storage) of any licensee or permittee, for the purpose of inspecting or examining (1) any records or documents required to be kept by such licensee or permittee, under the provisions of this chapter or regulations issued hereunder, and (2) any explosive materials kept or stored by such licensee or permittee at such premises. Upon the request of any State or any political subdivision thereof, the Secretary may make available to such State or any political subdivision thereof, any information which he may obtain by reason of the provisions of this chapter with respect to the identification of persons within such State or political subdivision thereof, who have purchased or received explosive materials, together with a description of such explosive materials. “(g) Licenses and permits issued under the provisions of subsection (b) of this section shall be kept posted and kept available for inspection on the premises covered by the license and permit. “§ 844. Penalties “(a) Any person who violates subsections (a) through (i) of section 842 of this chapter shall be fined not more than $10,000 or imprisoned not more than ten years, or both. “(b) Any person who violates any other provision of section 842 Ante, p. 953. of this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both. “(c) 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 (‘ode of 1054 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 82 Stat. 1230. 26 USC 5845. forfeitures under the provisions of this chapter. “(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 not more than $10,000, or both; and if personal injury results shall be imprisoned for not more than twenty years or fined not more than $20,000, or both: and if death results, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment as provided in section 34 of this title. 70 Stat. 540. 18 USC 34. “(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of 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 an explosive shall be imprisoned for not more than five years or fined not more than $5,000, or both. “(f) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of 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 ten years, or fined not more than $10,000, or both; and if personal injury results shall be imprisoned for not more than twenty years, or fined not more than $20,000, or both; and if death results shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment as provided in section 34 of this title. “(g) Whoever possesses an explosive 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, shall be imprisoned for not more than one year, or fined not more than $1,000, or both. “(h) Whoever— “(1) uses an explosive to commit any felony which may be prosecuted in a court of the United States, or “(2) carries an explosive unlawfully during the commission of any felony which may be prosecuted in a court of the United States, 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. “(i) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of 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 more than ten years or lined not more than $10,000, or both; and if personal injury results shall be imprisoned for not more than twenty years or fined not more than $20,000, or both; and if death results shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment as provided in section 34 of this title. “(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) “Explosive.” of this section, the term ‘explosive’ means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), defoliators, and other detonating agents, smokeless powders, other explosive or incendiary devices 82 Stat. 91. 18 USC 232. 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. “§ 845. Exceptions; relief from disabilities “(a) Except in the case of subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, this chapter shall not apply to: “(1) any aspect of the transportation of explosive materials via railroad, water, highway, or air which are regulated by the United States Department of Transportation and agencies thereof; “(2) the use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States Pharmacopeia, or the National Formulary; “(3) the transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or political subdivision thereof; “(4) small arms ammunition and components thereof; “(5) black powder in quantities not to exceed five pounds; and “(6) the manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by the military or naval services or other agencies of the United States; or to arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States. “(b) A person who had been indicted for or convicted of a crime punishable by imprisonment for a term exceeding one year may make application to the Secretary for relief from the disabilities imposed by this chapter with respect to engaging in the business of importing, manufacturing, or dealing in explosive materials, or the purchase of explosive materials, and incurred by reason of such indictment or conviction, and the Secretary may grant such relief if it is established to his satisfaction that the circumstances regarding the indictment or conviction, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief will not be contrary to the public interest. A licensee or permittee who makes application for relief from the disabilities incurred under this chapter by reason of indictment or conviction, shall not be barred by such indictment or conviction from further operations under his license or permit pending final action on an application for relief filed pursuant to this section. “§ 846. Additional powers of the Secretary “The Secretary is authorized to inspect the site of any accident, or fire, in which there is reason to believe that explosive materials were involved, in order that if any such incident has been brought about by accidental means, precautions may be taken to prevent similar accidents from occurring. In order to carry out the purpose of this subsection, the Secretary is authorized to enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unauthorized location. Nothing in this chapter shall be construed as modifying or otherwise affecting in any way the investigative authority of any other Federal agency. In addition to any other investigatory authority they have with respect to violations of provisions of this chapter, the Attorney General and the Federal Bureau of Investigation, together with the Secretary, shall have authority to conduct investigations with respect to violations of subsection (d), (e), (f), (g), (h), or (i) of section 844 of this title. “§ 847. Rules and regulations “The administration of this chapter shall be vested in the Secretary. The Secretary may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter. The Notice; hearing opportunity. Secretary shall give reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing such rules and regulations. “§ 848. Effect on State law “No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.” (b) The title analysis of title 18, United States Code, is amended by inserting immediately below the item relating to chapter 39 the following: “40. Importation, manufacture, distribution and storage of explosive materials

2. 1982

   Anti-Arson Act of 1982

   Pub. L. 97–298 § 2(a) · 96 Stat. 1319

   Inserted · 18 U.S.C. § 844(e); 18 U.S.C. § 844(f)

   Pub. L. 97–298, § 2(a), inserted “fire or” after “by means of” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 97–298, § 2(a), inserted “fire or” after “by means of” wherever appearing.

   Enacted provision · exact public law section
   (a) Subsections (e) and (f) of section 844 of title 18, United States Code, are each amended by inserting “fire or” after “by means of” each place it appears.

3. 1982

   Anti-Arson Act of 1982

   Pub. L. 97–298 § 2(b) · 96 Stat. 1319

   Inserted · 18 U.S.C. § 844(h)(1)

   Pub. L. 97–298, § 2(b), inserted “fire or” after “uses”

   Source evidence

   Code amendment note
   Subsec. (h)(1). Pub. L. 97–298, § 2(b), inserted “fire or” after “uses”.

   Enacted provision · exact public law section
   (b) Section 844(h)(1) of title 18, United States Code, is amended by inserting “fire or” after “uses”.

4. 1982

   Anti-Arson Act of 1982

   Pub. L. 97–298 § 2(c) · 96 Stat. 1319

   Inserted · 18 U.S.C. § 844(i)

   Pub. L. 97–298, § 2(c), inserted “fire or” after “by means of”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 97–298, § 2(c), inserted “fire or” after “by means of”.

   Enacted provision · exact public law section
   (c) Section 844(i) of title 18, United States Code, is amended by inserting “fire or” after “by means of”.

5. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 title II § 1014 · 98 Stat. 1837

   1. Substituted · 18 U.S.C. § 844(d); 18 U.S.C. § 844(f); 18 U.S.C. § 844(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”

   2. Substituted · 18 U.S.C. § 844(d); 18 U.S.C. § 844(f); 18 U.S.C. § 844(i)

      Pub. L. 98–473 substituted “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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 1014. Section 844 of title 18, United States Code, is amended by— (1) by deleting “personal injury results” in subsections (d), (f), and (i) and substitute “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,”; (2) by deleting “death results” in subsections (d), (f), and (i) and substitute “death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection,”.

6. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 2 · 100 Stat. 2085

   Substituted · 18 U.S.C. § 844(c)

   Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

   Enacted provision · exact public law section
   SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

7. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6474(a) · 102 Stat. 4181

   1. Amended · 18 U.S.C. § 844(g)

      Pub. L. 100–690, § 6474(a), designated existing provisions as par. (1)

   2. Substituted · 18 U.S.C. § 844(g)

      Pub. L. 100–690, § 6474(a), substituted “Except as provided in paragraph (2), whoever” for “Whoever”

   3. Inserted · 18 U.S.C. § 844(g)

      Pub. L. 100–690, § 6474(a), inserted “in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or” after “possess an explosive”

   4. Inserted · 18 U.S.C. § 844(g)

      Pub. L. 100–690, § 6474(a), inserted “or airport” after “such building”

   5. Substituted · 18 U.S.C. § 844(g)

      Pub. L. 100–690, § 6474(a), 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”

   6. Added · 18 U.S.C. § 844(g)

      Pub. L. 100–690, § 6474(a), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 100–690, § 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).

   Enacted provision · exact public law section
   (a) Expansion of Offense to Certain Airports and Strengthening of Penalty.— Section 844(g) of title 18, United States Code, is amended— (1) by striking “Whoever” and inserting “(1) Except as provided in paragraph (2), whoever”; (2) by inserting “in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or” after “possesses an explosive”; (3) by inserting “or airport” after “such building”; (4) by striking “not more than one year, or fined not more than $1,000, or both” and inserting “not more than five years, or fined under this title, or both”; and (5) by adding at the end thereof the following: “(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 the Hazardous Materials Transportation Act (49 App. U.S.C. 1801, et seq.).”.

8. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6474(b)(2) · 102 Stat. 4181

   1. Struck and inserted · 18 U.S.C. § 844(h)

      Pub. L. 100–690, § 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

   2. Struck · 18 U.S.C. § 844(h)

      Pub. L. 100–690, § 6474(b)(2), which directed the amendment of subsec. (h) by 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.”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 100–690, § 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.”

   Enacted provision · exact public law section
   (2) by striking “shall be sentenced” through the remainder of the subsection and inserting the following: “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 five years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for ten 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.”.

9. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6474(b)(1) · 102 Stat. 4181

   Struck · 18 U.S.C. § 844(h)(2)

   Pub. L. 100–690, § 6474(b)(1), in par. (2), struck out “unlawfully” after “explosive”

   Source evidence

   Code amendment note
   Subsec. (h)(2). Pub. L. 100–690, § 6474(b)(1), in par. (2), struck out “unlawfully” after “explosive”.

   Enacted provision · exact public law section
   (1) by striking “unlawfully” in paragraph (2); and

10. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 title XXXV § 3522 · 104 Stat. 4789

    Substituted · 18 U.S.C. § 844(d)

    Pub. L. 101–647 substituted “subsection,” for “subsection,,” before “shall be subject to imprisonment”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–647 substituted “subsection,” for “subsection,,” before “shall be subject to imprisonment”.

    Enacted provision · exact public law section
    SEC. 3522. CORRECTION TO SECTION 844. Section 844 of title 18, United States Code, is amended by striking the comma that immediately follows a comma.

11. 1994

    Pub. L. 103–272 § 5(e)(7) · 108 Stat. 745

    Substituted · 18 U.S.C. § 844(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.)”

    Source evidence

    Code amendment note
    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.)”.

    Enacted provision · exact public law section
    (7) In section 844(g)(2)(B), strike “the Hazardous Materials Transportation Act (49 App. U.S.C. 1801, et seq.)” and substitute “chapter 51 of title 49”.

12. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(L) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 844(a)

    Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000”.

    Enacted provision · exact public law section
    (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;

13. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(H) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 844(b)

    Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000”.

    Enacted provision · exact public law section
    (H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;

14. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 110509 · 108 Stat. 1796

    1. Amended · 18 U.S.C. § 844(c)

       Pub. L. 103–322, § 110509, designated existing provisions as par. (1)

    2. Added · 18 U.S.C. § 844(c)

       Pub. L. 103–322, § 110509, added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–322, § 110509, designated existing provisions as par. (1) and added pars. (2) and (3).

    Enacted provision · exact public law section
    SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE. Section 844(c) of title 18, United States Code, is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following new paragraphs: “(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 Reports. 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 Secretary 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 Secretary for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Secretary 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 Secretary shall make an allowance to the claimant not exceeding the value of the property destroyed.”.

15. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(L) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 844(d)

    Pub. L. 103–322, § 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”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–322, § 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”.

    Enacted provision · exact public law section
    (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;

16. 1994

    Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60003(a)(3)(A) · 108 Stat. 1796

    Struck · 18 U.S.C. § 844(d)

    Pub. L. 103–322, § 60003(a)(3)(A), struck out before period at end “as provided in section 34 of this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 60003(a)(3)(A), struck out before period at end “as provided in section 34 of this title”.

    Enacted provision · exact public law section
    (A) Section 844(d) of title 18, United States Code, is amended by striking “as provided in section 34 of this title”.

17. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(K) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 844(e)

    Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”.

    Enacted provision · exact public law section
    (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

18. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320106(1)(B) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 844(f)

    Pub. L. 103–322, § 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

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–322, § 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.

    Enacted provision · exact public law section
    (B) by striking “not more than twenty years, or fined not more than $10,000” and inserting “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,”;

19. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320106(1)(A) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 844(f)

    Pub. L. 103–322, § 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”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 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”.

    Enacted provision · exact public law section
    (A) by striking “not more than ten years, or fined not more than $10,000” and inserting “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,”; and

20. 1994

    Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60003(a)(3)(B) · 108 Stat. 1796

    Struck · 18 U.S.C. § 844(f)

    Pub. L. 103–322, § 60003(a)(3)(B), struck out before period at end “as provided in section 34 of this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 60003(a)(3)(B), struck out before period at end “as provided in section 34 of this title”.

    Enacted provision · exact public law section
    (B) Section 844(f) of title 18, United States Code, is amended by striking “as provided in section 34 of this title”.

21. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320106(2) · 108 Stat. 1796

    1. Substituted · 18 U.S.C. § 844(h)

       Pub. L. 103–322, § 320106(2), in concluding provisions, substituted “5 years but not more than 15 years” for “five years”

    2. Substituted · 18 U.S.C. § 844(h)

       Pub. L. 103–322, § 320106(2), in concluding provisions, substituted “10 years but not more than 25 years” for “ten years”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 103–322, § 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”.

    Enacted provision · exact public law section
    (2) in subsection (h)— (A) in the first sentence by striking “five years” and inserting “5 years but not more than 15 years”; and (B) in the second sentence by striking “ten years” and inserting “10 years but not more than 25 years”; and

22. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320917(a) · 108 Stat. 1796

    Inserted · 18 U.S.C. § 844(i)

    Pub. L. 103–322, § 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.”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 103–322, § 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.”

    Enacted provision · exact public law section
    (a) In General.— Section 844(i) of title 18, United States Code, is amended by adding at the end the following: “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.”.

23. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320106(3) · 108 Stat. 1796

    1. Substituted · 18 U.S.C. § 844(i)

       Pub. L. 103–322, § 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”

    2. Substituted · 18 U.S.C. § 844(i)

       Pub. L. 103–322, § 320106(3), substituted “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”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 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”.

    Enacted provision · exact public law section
    (3) in subsection (i)— (A) by striking “not more than ten years or fined not more than $10,000” and inserting “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,”; and (B) by striking “not more than twenty years or fined not more than $20,000” and inserting “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,”.

24. 1994

    Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60003(a)(3)(C) · 108 Stat. 1796

    Struck · 18 U.S.C. § 844(i)

    Pub. L. 103–322, § 60003(a)(3)(C), struck out “as provided in section 34 of this title” after “death penalty or to life imprisonment”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 60003(a)(3)(C), struck out “as provided in section 34 of this title” after “death penalty or to life imprisonment”.

    Enacted provision · exact public law section
    (C) Section 844(i) of title 18, United States Code, is amended by striking “as provided in section 34 of this title”.

25. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 110504(b) · 108 Stat. 1796

    Added · 18 U.S.C. § 844(k)

    Pub. L. 103–322, § 110504(b), added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 103–322, § 110504(b), added subsec. (k).

    Enacted provision · exact public law section
    (b) Explosives.— Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: “(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.”.

26. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 110515(b) · 108 Stat. 1796

    Added · 18 U.S.C. § 844(l)

    Pub. L. 103–322, § 110515(b), added subsec. (l)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 103–322, § 110515(b), added subsec. (l).

    Enacted provision · exact public law section
    (b) Explosives.— Section 844 of title 18, United States Code, as amended by section 110204(b), is amended by adding at the end the following new subsection: “(1) 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.”.

27. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 110518(b) · 108 Stat. 1796

    Added · 18 U.S.C. § 844(m)

    Pub. L. 103–322, § 110518(b), added subsec. (m)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 103–322, § 110518(b), added subsec. (m).

    Enacted provision · exact public law section
    (b) Explosives.— Section 844 of title 18, United States Code, as amended by section 110515(b), is amended by adding at the end the following new subsection: “(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.

28. 1996

    Pub. L. 104–132 § 604 · 110 Stat. 1214

    Amended · 18 U.S.C. § 844(a)

    Pub. L. 104–132, § 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.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–132, § 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.”

    Enacted provision · exact public law section
    SEC. 604. CRIMINAL SANCTIONS. Section 844(a) of title 18, United States Code, is amended to read as follows: “(a) Any person who violates any of subsections (a) through (i) or (1) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both.”.

29. 1996

    Pub. L. 104–132 title VI § 604 · 110 Stat. 1214

    1. Substituted · 18 U.S.C. § 844(e)

       Pub. L. 104–132, §§ 708(a)(1), 724, substituted “interstate or foreign commerce, or in or affecting interstate or foreign commerce,” for “commerce”

    2. Substituted · 18 U.S.C. § 844(e)

       Pub. L. 104–132, §§ 708(a)(1), 724, substituted “10” for “five”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–132, §§ 708(a)(1), 724, substituted “interstate or foreign commerce, or in or affecting interstate or foreign commerce,” for “commerce” and “10” for “five”.

    Enacted provision · exact public law section
    SEC. 604. CRIMINAL SANCTIONS. Section 844(a) of title 18, United States Code, is amended to read as follows: “(a) Any person who violates any of subsections (a) through (i) or (1) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both.”.

30. 1996

    Pub. L. 104–132 § 708(a)(2) · 110 Stat. 1214

    Amended · 18 U.S.C. § 844(f)

    Pub. L. 104–132, § 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.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–132, § 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.”

    Enacted provision · exact public law section
    (2) by amending subsection (f) to read as follows: “(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, 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.”;

31. 1996

    Pub. L. 104–132 § 708(a)(3) · 110 Stat. 1214

    Substituted · 18 U.S.C. § 844(h)

    Pub. L. 104–132, § 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

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–132, § 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.

    Enacted provision · exact public law section
    (3) in subsection (h)— (A) in the first sentence, by striking “5 years but not more than 15 years” and inserting “10 years”; and (B) in the second sentence, by striking “10 years but not more than 25 years” and inserting “20 years”; and

32. 1996

    Pub. L. 104–132 § 708(c)(3) · 110 Stat. 1214

    Struck · 18 U.S.C. § 844(i)

    Pub. L. 104–132, § 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.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–132, § 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.”

    Enacted provision · exact public law section
    (3) Conforming amendment.— Section 844(i) of title 18, United States Code, is amended by striking the last sentence.

33. 1996

    Pub. L. 104–132 § 708(a)(4)(B) · 110 Stat. 1214

    Substituted · 18 U.S.C. § 844(i)

    Pub. L. 104–132, § 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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–132, § 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.

    Enacted provision · exact public law section
    (B) by striking “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,” and inserting “not less than 7 years and not more than 40 years, fined under this title”.

34. 1996

    Pub. L. 104–132 § 708(a)(4)(A) · 110 Stat. 1214

    Substituted · 18 U.S.C. § 844(i)

    Pub. L. 104–132, § 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,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–132, § 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,”.

    Enacted provision · exact public law section
    (A) by striking “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,” and inserting “not less than 5 years and not more than 20 years, fined under this title”; and

35. 1996

    Pub. L. 104–132 § 701 · 110 Stat. 1214

    Added · 18 U.S.C. § 844(n)

    Pub. L. 104–132, § 701, added subsec. (n)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 104–132, § 701, added subsec. (n).

    Enacted provision · exact public law section
    SEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: “(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.”.

36. 1996

    Pub. L. 104–132 § 706 · 110 Stat. 1214

    Added · 18 U.S.C. § 844(o)

    Pub. L. 104–132, § 706, added subsec. (o)

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 104–132, § 706, added subsec. (o).

    Enacted provision · exact public law section
    SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF VIOLENCE. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: “(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.”.

37. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 603(a) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 844(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, § 708(a)(4). See below

    Source evidence

    Code amendment note
    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, § 708(a)(4). See below.

    Enacted provision · exact public law section
    (a) Elimination of Double Commas in Section 844.— Section 844 of title 18, United States Code, is amended in subsection (i) by striking “,,” each place it appears and inserting a comma.

38. 1999

    Pub. L. 106–54 § 2(b)(1) · 113 Stat. 398

    1. Amended · 18 U.S.C. § 844(a)

       Pub. L. 106–54, § 2(b)(1), designated existing provisions as par. (1)

    2. Added · 18 U.S.C. § 844(a)

       Pub. L. 106–54, § 2(b)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–54, § 2(b)(1), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “person who violates any of subsections”and inserting the following: “person who— “(1) violates any of subsections”; (B) by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(2) violates subsection (p)(2) of section 842, shall be fined under this title, imprisoned not more than 20 years, or both.”; and

39. 1999

    Pub. L. 106–54 § 2(b)(2) · 113 Stat. 398

    Inserted · 18 U.S.C. § 844(j)

    Pub. L. 106–54, § 2(b)(2), inserted “and section 842(p)” after “this section”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 106–54, § 2(b)(2), inserted “and section 842(p)” after “this section”.

    Enacted provision · exact public law section
    (2) in subsection (j), by inserting “and section 842(p)” after “this section”.

40. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 § 1112(e)(3) · 116 Stat. 2135

    Substituted · 18 U.S.C. § 844(c)(2); 18 U.S.C. § 844(c)(3)

    Pub. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c)(2), (3). Pub. L. 107–296, § 1112(e)(3), substituted “Attorney General” for “Secretary” wherever appearing.

    Enacted provision · exact public law section
    (3) by striking “Secretary” each place it appears and inserting “Attorney General”.

    Effective date note
    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.

41. 2002

    Safe Explosives Act

    Pub. L. 107–296 § 1125 · 116 Stat. 2135

    Inserted · 18 U.S.C. § 844(f)(1)

    Pub. L. 107–296, § 1125, inserted “or any institution or organization receiving Federal financial assistance,” before “shall”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 107–296, § 1125, inserted “or any institution or organization receiving Federal financial assistance,” before “shall”.

    Enacted provision · exact public law section
    SEC. 1125. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 844(f)(1) of title 18, United States Code, is amended by inserting before the word “shall” the following: “or any institution or organization receiving Federal financial assistance,”.

    Effective date note
    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.

42. 2002

    Safe Explosives Act

    Pub. L. 107–296 § 1127 · 116 Stat. 2135

    Added · 18 U.S.C. § 844(p)

    Pub. L. 107–296, § 1127, added subsec. (p)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 107–296, § 1127, added subsec. (p).

    Enacted provision · exact public law section
    SEC. 1127. THEFT REPORTING REQUIREMENT. Section 844 of title 18, United States Code, is amended by adding at the end the following: “(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 not later than 24 hours after the discovery of the theft. “(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.”.

    Effective date note
    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.

43. 2004

    Norman Y. Mineta Research and Special Programs Improvement Act

    Pub. L. 108–426 § 2(c)(6) · 118 Stat. 2423

    Substituted · 18 U.S.C. § 844(g)(2)(B)

    Pub. L. 108–426 substituted “Pipeline and Hazardous Materials Safety Administration” for “Research and Special Projects Administration”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(B). Pub. L. 108–426 substituted “Pipeline and Hazardous Materials Safety Administration” for “Research and Special Projects Administration”.

    Enacted provision · exact public law section
    (6) Penalties.— Section 844(g)(2)(B) of title 18, United State Code, is amended by striking “Research and Special Projects Administration” and inserting “Pipeline and Hazardous Materials Safety Administration”.

55 of 55 references resolved to an enrolled provision