18 U.S.C. § 2280a — Violence against maritime navigation

Page 562 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2280a Editorial Notes REFERENCES IN TEXT Section 831(f)(3) of this title, referred to in subsec. (d)(8), was redesignated section 831(g)(3) by Pub. L. 114–23, title VIII, § 812(d), June 2, 2015, 129 Stat. 312. AMENDMENTS 2015—Subsec. (b)(1)(A)(i). Pub. L. 114–23, § 801(1)(A), substituted ‘‘a vessel of the United States or a vessel subject to the jurisdiction of the United States (as de- fined in section 70502 of title 46)’’ for ‘‘a ship flying the flag of the United States’’. Subsec. (b)(1)(A)(ii). Pub. L. 114–23, § 801(1)(B), in- serted ‘‘, including the territorial seas’’ before semi- colon. Subsec. (b)(1)(A)(iii). Pub. L. 114–23, § 801(1)(C), in- serted ‘‘, by a United States corporation or legal enti- ty,’’ after ‘‘by a national of the United States’’. Subsec. (c). Pub. L. 114–23, § 801(2), substituted ‘‘sec- tion 13(c)’’ for ‘‘section 2(c)’’. Subsecs. (d) to (g). Pub. L. 114–23, § 801(3)–(5), added subsecs. (d) to (g) and struck out former subsecs. (d) and (e) which related to delivery of suspected offender and definitions, respectively. 1996—Subsec. (a)(1)(H). Pub. L. 104–132, § 723(a)(1), in- serted ‘‘or conspires’’ after ‘‘attempts’’. Subsec. (b)(1)(A)(ii). Pub. L. 104–132, § 722(1), struck out ‘‘and the activity is not prohibited as a crime by the State in which the activity takes place’’ after ‘‘the United States’’. Subsec. (b)(1)(A)(iii). Pub. L. 104–132, § 722(2), struck out ‘‘the activity takes place on a ship flying the flag of a foreign country or outside the United States,’’ be- fore ‘‘by a national of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–322, title VI, § 60019(c), Sept. 13, 1994, 108 Stat. 1979, provided that: ‘‘This section [enacting this section and section 2281 of this title] and the amend- ments made by this section shall take effect on the later of— ‘‘(1) the date of the enactment of this Act [Sept. 13, 1994]; or ‘‘(2)(A) in the case of section 2280 of title 18, United States Code, the date the Convention for the Suppres- sion of Unlawful Acts Against the Safety of Maritime Navigation has come into force and the United States has become a party to that Convention; and ‘‘(B) in the case of section 2281 of title 18, United States Code, the date the Protocol for the Suppres- sion of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf has come into force and the United States has become a party to that Protocol.’’ [Convention and Protocol came into force Mar. 1, 1992, and entered into force with respect to the United States Mar. 6, 1995, Treaty Doc. 101–1.] Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 2280a. Violence against maritime navigation and maritime transport involving weapons of mass destruction (a) OFFENSES.— (1) IN GENERAL.—Subject to the exceptions in subsection (c), a person who unlawfully and in- tentionally— (A) when the purpose of the act, by its na- ture or context, is to intimidate a popu- lation, or to compel a government or an international organization to do or to ab- stain from doing any act— (i) uses against or on a ship or discharges from a ship any explosive or radioactive material, biological, chemical, or nuclear weapon or other nuclear explosive device in a manner that causes or is likely to cause death to any person or serious injury or damage; (ii) discharges from a ship oil, liquefied natural gas, or another hazardous or nox- ious substance that is not covered by clause (i), in such quantity or concentra- tion that causes or is likely to cause death to any person or serious injury or damage; or (iii) uses a ship in a manner that causes death to any person or serious injury or damage; (B) transports on board a ship— (i) any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause, death to any person or serious injury or damage for the purpose of intimidating a population, or compelling a government or an inter- national organization to do or to abstain from doing any act; (ii) any biological, chemical, or nuclear weapon or other nuclear explosive device, knowing it to be a biological, chemical, or nuclear weapon or other nuclear explosive device; (iii) any source material, special fission- able material, or equipment or material especially designed or prepared for the processing, use, or production of special fissionable material, knowing that it is in- tended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to an Inter- national Atomic Energy Agency com- prehensive safeguards agreement, except where— (I) such item is transported to or from the territory of, or otherwise under the control of, a Non-Proliferation Treaty State Party; and (II) the resulting transfer or receipt (including internal to a country) is not contrary to the obligations under the Non-Proliferation Treaty of the Non- Proliferation Treaty State Party from which, to the territory of which, or oth- erwise under the control of which such item is transferred; (iv) any equipment, materials, or soft- ware or related technology that signifi- cantly contributes to the design or manu- facture of a nuclear weapon or other nu- clear explosive device, with the intention that it will be used for such purpose, ex- cept where— (I) the country to the territory of which or under the control of which such item is transferred is a Nuclear Weapon State Party to the Non-Proliferation Treaty; and (II) the resulting transfer or receipt (including internal to a country) is not Page 563 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2281 1 So in original. Probably should be ‘‘paragraph’’. contrary to the obligations under the Non-Proliferation Treaty of a Non-Pro- liferation Treaty State Party from which, to the territory of which, or oth- erwise under the control of which such item is transferred; (v) any equipment, materials, or soft- ware or related technology that signifi- cantly contributes to the delivery of a nu- clear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, except where— (I) such item is transported to or from the territory of, or otherwise under the control of, a Non-Proliferation Treaty State Party; and (II) such item is intended for the deliv- ery system of a nuclear weapon or other nuclear explosive device of a Nuclear Weapon State Party to the Non-Pro- liferation Treaty; or (vi) any equipment, materials, or soft- ware or related technology that signifi- cantly contributes to the design, manufac- ture, or delivery of a biological or chem- ical weapon, with the intention that it will be used for such purpose; (C) transports another person on board a ship knowing that the person has committed an act that constitutes an offense under sec- tion 2280 or subparagraph (A), (B), (D), or (E) of this section 1 or an offense set forth in an applicable treaty, as specified in section 2280(d)(1), and intending to assist that person to evade criminal prosecution; (D) injures or kills any person in connec- tion with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (C), or sub- section (a)(2), to the extent that the sub- section (a)(2) offense pertains to subpara- graph (A); or (E) attempts to do any act prohibited under subparagraph (A), (B) or (D), or con- spires to do any act prohibited by subpara- graphs (A) through (E) or subsection (a)(2), shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this paragraph, shall be imprisoned for any term of years or for life. (2) THREATS.—A person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A) shall be fined under this title, imprisoned not more than 5 years, or both. (b) JURISDICTION.—There is jurisdiction over the activity prohibited in subsection (a)— (1) in the case of a covered ship, if— (A) such activity is committed— (i) against or on board a vessel of the United States or a vessel subject to the ju- risdiction of the United States (as defined in section 70502 of title 46) at the time the prohibited activity is committed; (ii) in the United States, including the territorial seas; or (iii) by a national of the United States, by a United States corporation or legal en- tity, or by a stateless person whose habit- ual residence is in the United States; (B) during the commission of such activ- ity, a national of the United States is seized, threatened, injured, or killed; or (C) the offender is later found in the United States after such activity is com- mitted; (2) in the case of a ship navigating or sched- uled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; or (3) in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act. (c) EXCEPTIONS.—This section shall not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official du- ties. (d)(1) CIVIL FORFEITURE.—Any real or personal property used or intended to be used to commit or to facilitate the commission of a violation of this section, the gross proceeds of such viola- tion, and any real or personal property traceable to such property or proceeds, shall be subject to forfeiture. (2) APPLICABLE PROCEDURES.—Seizures and for- feitures under this section shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Sec- retary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Attorney General, or the Secretary of Defense. (Added Pub. L. 114–23, title VIII, § 802(a), June 2, 2015, 129 Stat. 304.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 2280(d) of this title. § 2281. Violence against maritime fixed platforms (a) OFFENSES.— (1) IN GENERAL.—A person who unlawfully and intentionally— (A) seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation; (B) performs an act of violence against a person on board a fixed platform if that act is likely to endanger its safety; (C) destroys a fixed platform or causes damage to it which is likely to endanger its safety;