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

Page 559 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2280 § 2278. Explosives on vessels carrying steerage passengers Whoever, being the master of a steamship or other vessel referred to in section 151 of Title 46, except as otherwise expressly provided by law, takes, carries, or has on board of any such vessel any nitroglycerin, dynamite, or any other explo- sive article or compound, or any vitriol or like acids, or gunpowder, except for the ship’s use, or any article or number of articles, whether as a cargo or ballast, which, by reason of the nature or quantity or mode of storage thereof, shall, ei- ther singly or collectively, be likely to endanger the health or lives of the passengers or the safe- ty of the vessel, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 171 of title 46, U.S.C., 1940 ed., Ship- ping (Aug. 2, 1882, ch. 374, § 8, 22 Stat. 189). Words ‘‘except as otherwise expressly provided by law’’ were inserted to remove obvious inconsistency be- tween sections 831–835 of this title, section 170 of title 46, U.S.C., 1940 ed., Shipping, and this section. Words ‘‘shall be deemed guilty of a misdemeanor and’’ were omitted because designation of the offense as a misdemeanor is unnecessary in view of definitive section 1 of this title. Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 151 of Title 46, referred to in text, which was based on section 1 of act Aug. 2, 1882, ch. 374, 22 Stat. 186, was repealed by Pub. L. 98–89, Aug. 26, 1983, § 4(b), 97 Stat. 599. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2279. Boarding vessels before arrival Whoever, not being in the United States serv- ice, and not being duly authorized by law for the purpose, goes on board any vessel about to ar- rive at the place of her destination, before her actual arrival, and before she has been com- pletely moored, shall be fined under this title or imprisoned not more than six months, or both. The master of such vessel may take any such person into custody, and deliver him up forth- with to any law enforcement officer, to be by him taken before any committing magistrate, to be dealt with according to law. (June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 103–322, title XXXIII, § 330016(1)(D), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on section 708 of title 46, U.S.C., 1940 ed., Ship- ping (R.S. § 4606). ‘‘Law enforcement officer’’ was substituted for ‘‘con- stable or police officer’’ and ‘‘committing magistrate’’ for ‘‘justice of the peace.’’ The phraseology used in the statute was archaic. It originated when the government had few law enforcement officers and magistrates of its own. References to specific sections were made to read: ‘‘according to law’’ to achieve brevity. Mandatory punishment provision was rephrased in the alternative. The words ‘‘without permission of the master’’ were deleted to remove an inconsistency with the provisions of section 163 of title 46, U.S.C., 1940 ed., and customs regulations. Customs regulations, 1943, section 4.1c, prohibit any person ‘‘with or without consent of the master’’ from boarding vessel, with specific enumer- ated exceptions. Said section 163 prescribes a ‘‘penalty of not more than $100 or imprisonment not to exceed six months, or both’’ for violating regulations. The re- vised section increases the fine from $100 to $200 for boarding the vessel ‘‘with the consent of the master.’’ Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $200’’ in first par. § 2280. Violence against maritime navigation (a) OFFENSES.— (1) IN GENERAL.—A person who unlawfully and intentionally— (A) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; (B) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; (C) destroys a ship or causes damage to a ship or to its cargo which is likely to endan- ger the safe navigation of that ship; (D) places or causes to be placed on a ship, by any means whatsoever, a device or sub- stance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; (E) destroys or seriously damages mari- time navigational facilities or seriously interferes with their operation, if such act is likely to endanger the safe navigation of a ship; (F) communicates information, knowing the information to be false and under cir- cumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a ship; (G) 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 (F); or (H) attempts or conspires to do any act prohibited under subparagraphs (A) through (G), 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 punished by death or imprisoned for any term of years or for life. (2) THREAT TO NAVIGATION.—A person who threatens to do any act prohibited under para- graph (1)(B), (C) or (E), with apparent deter- mination and will to carry the threat into exe- cution, if the threatened act is likely to en- danger the safe navigation of the ship in ques- tion, shall be fined under this title, imprisoned not more than 5 years, or both. Page 560 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2280 (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; and (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) BAR TO PROSECUTION.—It is a bar to Fed- eral prosecution under subsection (a) for con- duct that occurred within the United States that the conduct involved was during or in rela- tion to a labor dispute, and such conduct is pro- hibited as a felony under the law of the State in which it was committed. For purposes of this section, the term ‘‘labor dispute’’ has the mean- ing set forth in section 13(c) of the Norris- LaGuardia Act, as amended (29 U.S.C. 113(c)). (d) DEFINITIONS.—As used in this section, sec- tion 2280a, section 2281, and section 2281a, the term— (1) ‘‘applicable treaty’’ means— (A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970; (B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971; (C) the Convention on the Prevention and Punishment of Crimes against Internation- ally Protected Persons, including Diplo- matic Agents, adopted by the General As- sembly of the United Nations on 14 Decem- ber 1973; (D) International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 De- cember 1979; (E) the Convention on the Physical Protec- tion of Nuclear Material, done at Vienna on 26 October 1979; (F) the Protocol for the Suppression of Un- lawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Un- lawful Acts against the Safety of Civil Avia- tion, done at Montreal on 24 February 1988; (G) the Protocol for the Suppression of Un- lawful Acts against the Safety of Fixed Plat- forms Located on the Continental Shelf, done at Rome on 10 March 1988; (H) International Convention for the Sup- pression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997; and (I) International Convention for the Sup- pression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999; (2) ‘‘armed conflict’’ does not include inter- nal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; (3) ‘‘biological weapon’’ means— (A) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, pro- tective, or other peaceful purposes; or (B) weapons, equipment, or means of deliv- ery designed to use such agents or toxins for hostile purposes or in armed conflict; (4) ‘‘chemical weapon’’ means, together or separately— (A) toxic chemicals and their precursors, except where intended for— (i) industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes; (ii) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; (iii) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic prop- erties of chemicals as a method of warfare; or (iv) law enforcement including domestic riot control purposes, as long as the types and quantities are con- sistent with such purposes; (B) munitions and devices, specifically de- signed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munitions and devices; and (C) any equipment specifically designed for use directly in connection with the employ- ment of munitions and devices specified in subparagraph (B); (5) ‘‘covered ship’’ means a ship that is navi- gating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country; (6) ‘‘explosive material’’ has the meaning given the term in section 841(c) and includes explosive as defined in section 844(j) of this title; (7) ‘‘infrastructure facility’’ has the meaning given the term in section 2332f(e)(5) of this title; Page 561 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2280 1 See References in Text note below. (8) ‘‘international organization’’ has the meaning given the term in section 831(f)(3) 1 of this title; (9) ‘‘military forces of a state’’ means the armed forces of a state which are organized, trained, and equipped under its internal law for the primary purpose of national defense or security, and persons acting in support of those armed forces who are under their formal command, control, and responsibility; (10) ‘‘national of the United States’’ has the meaning stated in section 101(a)(22) of the Im- migration and Nationality Act (8 U.S.C. 1101(a)(22)); (11) ‘‘Non-Proliferation Treaty’’ means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow on 1 July 1968; (12) ‘‘Non-Proliferation Treaty State Party’’ means any State Party to the Non-Prolifera- tion Treaty, to include Taiwan, which shall be considered to have the obligations under the Non-Proliferation Treaty of a party to that treaty other than a Nuclear Weapon State Party to the Non-Proliferation Treaty; (13) ‘‘Nuclear Weapon State Party to the Non-Proliferation Treaty’’ means a State Party to the Non-Proliferation Treaty that is a nuclear-weapon State, as that term is de- fined in Article IX(3) of the Non-Proliferation Treaty; (14) ‘‘place of public use’’ has the meaning given the term in section 2332f(e)(6) of this title; (15) ‘‘precursor’’ has the meaning given the term in section 229F(6)(A) of this title; (16) ‘‘public transport system’’ has the mean- ing given the term in section 2332f(e)(7) of this title; (17) ‘‘serious injury or damage’’ means— (A) serious bodily injury, (B) extensive destruction of a place of pub- lic use, State or government facility, infra- structure facility, or public transportation system, resulting in major economic loss, or (C) substantial damage to the environ- ment, including air, soil, water, fauna, or flora; (18) ‘‘ship’’ means a vessel of any type what- soever not permanently attached to the sea- bed, including dynamically supported craft, submersibles, or any other floating craft, but does not include a warship, a ship owned or op- erated by a government when being used as a naval auxiliary or for customs or police pur- poses, or a ship which has been withdrawn from navigation or laid up; (19) ‘‘source material’’ has the meaning given that term in the International Atomic Energy Agency Statute, done at New York on 26 October 1956; (20) ‘‘special fissionable material’’ has the meaning given that term in the International Atomic Energy Agency Statute, done at New York on 26 October 1956; (21) ‘‘territorial sea of the United States’’ means all waters extending seaward to 12 nau- tical miles from the baselines of the United States determined in accordance with inter- national law; (22) ‘‘toxic chemical’’ has the meaning given the term in section 229F(8)(A) of this title; (23) ‘‘transport’’ means to initiate, arrange or exercise effective control, including deci- sionmaking authority, over the movement of a person or item; and (24) ‘‘United States’’, when used in a geo- graphical sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and all territories and possessions of the United States. (e) 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. (f) DELIVERY OF SUSPECTED OFFENDER.—The master of a covered ship flying the flag of the United States who has reasonable grounds to be- lieve that there is on board that ship any person who has committed an offense under section 2280 or section 2280a may deliver such person to the authorities of a country that is a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. Be- fore delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a state party to the Con- vention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master’s intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master’s possession that pertains to the al- leged offense. (g)(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. 103–322, title VI, § 60019(a), Sept. 13, 1994, 108 Stat. 1975; amended Pub. L. 104–132, title VII, §§ 722, 723(a)(1), Apr. 24, 1996, 110 Stat. 1299, 1300; Pub. L. 114–23, title VIII, § 801, June 2, 2015, 129 Stat. 300.) 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