18 U.S.C. § 1361 — Government property or contracts

Page 368 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1361 (iv) using the influence of the foreign of- ficial or person selected to be a foreign of- ficial with a foreign government or instru- mentality thereof to affect or influence any act or decision of that government or instrumentality, in connection with obtaining or retaining business for or with, or directing business to, any person. (2) PENALTIES.—Any person who violates paragraph (1) shall be fined not more than $250,000 or 3 times the monetary equivalent of the thing of value, imprisoned for not more than 15 years, or both. (3) JURISDICTION.—An offense under para- graph (1) shall be subject to extraterritorial Federal jurisdiction. (4) REPORT.—Not later than 1 year after the date of enactment of this section, and annu- ally thereafter, the Attorney General, in con- sultation with the Secretary of State as rel- evant, shall submit to the Committee on the Judiciary and the Committee on Foreign Rela- tions of the Senate and the Committee on the Judiciary and the Committee on Foreign Af- fairs of the House of Representatives, and post on the publicly available website of the De- partment of Justice, a report— (A) focusing, in part, on demands by for- eign officials for bribes from entities domi- ciled or incorporated in the United States, and the efforts of foreign governments to prosecute such cases; (B) addressing United States diplomatic ef- forts to protect entities domiciled or incor- porated in the United States from foreign bribery, and the effectiveness of those ef- forts in protecting such entities; (C) summarizing major actions taken under this section in the previous year, in- cluding enforcement actions taken and pen- alties imposed; (D) evaluating the effectiveness of the De- partment of Justice in enforcing this sec- tion; and (E) detailing what resources or legislative action the Department of Justice needs to ensure adequate enforcement of this section. (5) RULE OF CONSTRUCTION.—This subsection shall not be construed as encompassing con- duct that would violate section 30A of the Se- curities Exchange Act of 1934 (15 U.S.C. 78dd–1) or section 104 or 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2; 15 U.S.C. 78dd–3) whether pursuant to a theory of direct liability, conspiracy, complicity, or oth- erwise. (Added Pub. L. 118–78, § 2(b)(1), July 30, 2024, 138 Stat. 1512.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (b)(4), is the date of enactment of Pub. L. 118–78, which was approved July 30, 2024. CHAPTER 65—MALICIOUS MISCHIEF Sec. 1361. Government property or contracts. Sec. 1362. Communication lines, stations or systems. 1363. Buildings or property within special mari- time and territorial jurisdiction. 1364. Interference with foreign commerce by vio- lence. 1365. Tampering with consumer products. 1366. Destruction of an energy facility. 1367. Interference with the operation of a satellite. 1368. Harming animals used in law enforcement. 1369. Destruction of veterans’ memorials. Editorial Notes AMENDMENTS 2003—Pub. L. 108–29, § 2(b), May 29, 2003, 117 Stat. 772, added item 1369. 2000—Pub. L. 106–254, § 2(b), Aug. 2, 2000, 114 Stat. 638, added item 1368. 1990—Pub. L. 101–647, title XXXV, § 3543, Nov. 29, 1990, 104 Stat. 4926, inserted a period after ‘‘1366’’. 1986—Pub. L. 99–646, § 29(b), Nov. 10, 1986, 100 Stat. 3598, redesignated item 1365, relating to destruction of an energy facility, as item 1366. Pub. L. 99–508, title III, § 303(b), Oct. 21, 1986, 100 Stat. 1873, added item 1367. 1984—Section 1365(d) of this title as added by Pub. L. 98–473, title II, § 1011(a), Oct. 12, 1984, 98 Stat. 2141, added item 1365, relating to destruction of an energy facility. 1983—Pub. L. 98–127, § 3, Oct. 13, 1983, 97 Stat. 832, added item 1365, relating to tampering with consumer products. § 1361. Government property or contracts Whoever willfully injures or commits any dep- redation against any property of the United States, or of any department or agency thereof, or any property which has been or is being man- ufactured or constructed for the United States, or any department or agency thereof, or at- tempts to commit any of the foregoing offenses, shall be punished as follows: If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or at- tempted damage to such property does not ex- ceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103–322, title XXXII, § 320903(d)(1), title XXXIII, § 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2125, 2147; Pub. L. 104–294, title VI, §§ 601(a)(3), 605(e), 606(a), Oct. 11, 1996, 110 Stat. 3498, 3510, 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 82 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). The embezzlement and theft provisions of section 82 of title 18, U.S.C., 1940 ed., are now incorporated in sec- tion 641 of this title. Words ‘‘or any corporation in which the United States of America is a stockholder’’ were omitted as unnecessary in view of definition of ‘‘agency’’ in sec- tion 6 of this title. Designation of the place of confinement as ‘‘in a jail’’ was omitted because section 4082 of this title commits all prisoners to the custody of the Attorney General or his authorized representative, who shall designate the place of confinement. (See reviser’s note under section 1 of this title.) The smaller penalty for offenses involving $50 or less was extended to offenses involving $100 or less. The use Page 369 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1364 of $50 as the dividing line between felonies and mis- demeanors originated at a time when that sum was of much greater value than $100 is now. The word ‘‘damage’’ was substituted twice for the word ‘‘value’’, and the definition of ‘‘value’’ was omit- ted as inapplicable to this section. These words and def- inition, however, are retained in that part of said sec- tion 82 which is now section 641 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, § 605(e), inserted comma after ‘‘foregoing offenses’’ in first par. Pub. L. 104–294, §§ 601(a)(3), 606(a), in second par., sub- stituted ‘‘fine under this title’’ for ‘‘fine of under this title’’ in two places and ‘‘$1,000’’ for ‘‘$100’’ in two places. 1994—Pub. L. 103–322, § 320903(d)(1)(A), inserted ‘‘or at- tempts to commit any of the foregoing offenses’’ before ‘‘shall be punished’’ in first par. Pub. L. 103–322, § 330016(1)(H), (L), in second par., sub- stituted ‘‘under this title’’ for ‘‘not more than $10,000’’ before ‘‘or imprisonment for not more than ten years’’ and for ‘‘not more than $1,000’’ before ‘‘or by imprison- ment for not more than one year’’. Pub. L. 103–322, § 320903(d)(1)(B), inserted ‘‘or at- tempted damage’’ after ‘‘damage’’ in two places in sec- ond par. § 1362. Communication lines, stations or systems Whoever willfully or maliciously injures or de- stroys any of the works, property, or material of any radio, telegraph, telephone or cable, line, station, or system, or other means of commu- nication, operated or controlled by the United States, or used or intended to be used for mili- tary or civil defense functions of the United States, whether constructed or in process of construction, or willfully or maliciously inter- feres in any way with the working or use of any such line, or system, or willfully or maliciously obstructs, hinders, or delays the transmission of any communication over any such line, or sys- tem, or attempts or conspires to do such an act, shall be fined under this title or imprisoned not more than ten years, or both. In the case of any works, property, or mate- rial, not operated or controlled by the United States, this section shall not apply to any lawful strike activity, or other lawful concerted activi- ties for the purposes of collective bargaining or other mutual aid and protection which do not injure or destroy any line or system used or in- tended to be used for the military or civil de- fense functions of the United States. (June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 87–306, Sept. 26, 1961, 75 Stat. 669; Pub. L. 103–322, title XXXII, § 320903(d)(2), title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2125, 2147; Pub. L. 107–56, title VIII, § 811(c), Oct. 26, 2001, 115 Stat. 381.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 116 (Mar. 4, 1909, ch. 321, § 60, 35 Stat. 1099). This section was extended to include radio and radio stations. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2001—Pub. L. 107–56, in first par., struck out ‘‘or at- tempts willfully or maliciously to injure or destroy’’ after ‘‘Whoever willfully or maliciously injures or de- stroys’’ and inserted ‘‘or attempts or conspires to do such an act,’’ before ‘‘shall be fined’’. 1994—Pub. L. 103–322, in first par., inserted ‘‘or at- tempts willfully or maliciously to injure or destroy’’ after ‘‘willfully or maliciously injures or destroys’’ and substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1961—Pub. L. 87–306 extended the provisions of the section to means of communication used or intended to be used for military or civil defense functions of the United States, made the provisions inapplicable to law- ful strike activities, which do not injure any line or system used for such functions, and increased the pun- ishment by fine from $1,000 to $10,000 and by imprison- ment from 3 to 10 years. § 1363. Buildings or property within special mari- time and territorial jurisdiction Whoever, within the special maritime and ter- ritorial jurisdiction of the United States, will- fully and maliciously destroys or injures any structure, conveyance, or other real or personal property, or attempts or conspires to do such an act, shall be fined under this title or imprisoned not more than five years, or both, and if the building be a dwelling, or the life of any person be placed in jeopardy, shall be fined under this title or imprisoned not more than twenty years, or both. (June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–132, title VII, § 703, Apr. 24, 1996, 110 Stat. 1294; Pub. L. 107–56, title VIII, § 811(d), Oct. 26, 2001, 115 Stat. 381.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 464, 465 (Mar. 4, 1909, ch. 321, §§ 285, 286, 35 Stat. 1144). Said sections were consolidated and rewritten both as to form and substance. The provisions relating to arson are incorporated in section 81 of this title. (See revis- er’s note under said section 81 of this title for expla- nation of changes.) Editorial Notes AMENDMENTS 2001—Pub. L. 107–56 struck out ‘‘or attempts to de- stroy or injure’’ after ‘‘destroys or injures’’ and in- serted ‘‘or attempts or conspires to do such an act,’’ after ‘‘personal property,’’. 1996—Pub. L. 104–132 substituted ‘‘any structure, con- veyance, or other real or personal property’’ for ‘‘any building, structure or vessel, any machinery or build- ing materials and supplies, military or naval stores, munitions of war or any structural aids or appliances for navigation or shipping’’. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ after ‘‘shipping, shall be’’ and for ‘‘fined not more than $5,000’’ after ‘‘jeopardy, shall be’’. § 1364. Interference with foreign commerce by vi- olence Whoever, with intent to prevent, interfere with, or obstruct or attempt to prevent, inter- fere with, or obstruct the exportation to foreign countries of articles from the United States, in- jures or destroys, by fire or explosives, such ar- ticles or the places where they may be while in such foreign commerce, shall be fined under this title or imprisoned not more than twenty years, or both.