18 U.S.C. § 1364 — Interference with foreign commerce by vi-

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. Page 370 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1365 (June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 381 (June 15, 1917, ch. 30, titles IV, XIII, § 1, 40 Stat. 221, 231; Mar. 28, 1940, ch. 72, § 4, 54 Stat. 79). Mandatory punishment provisions were rephrased in the alternative. Definition of the term ‘‘United States’’ was omitted and incorporated in section 5 of this title. Minor verbal changes were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 1365. Tampering with consumer products (a) Whoever, with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under cir- cumstances manifesting extreme indifference to such risk, tampers with any consumer product that affects interstate or foreign commerce, or the labeling of, or container for, any such prod- uct, or attempts to do so, shall— (1) in the case of an attempt, be fined under this title or imprisoned not more than ten years, or both; (2) if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both; (3) if serious bodily injury to any individual results, be fined under this title or imprisoned not more than twenty years, or both; and (4) in any other case, be fined under this title or imprisoned not more than ten years, or both. (b) Whoever, with intent to cause serious in- jury to the business of any person, taints any consumer product or renders materially false or misleading the labeling of, or container for, a consumer product, if such consumer product af- fects interstate or foreign commerce, shall be fined under this title or imprisoned not more than three years, or both. (c)(1) Whoever knowingly communicates false information that a consumer product has been tainted, if such product or the results of such communication affect interstate or foreign com- merce, and if such tainting, had it occurred, would create a risk of death or bodily injury to another person, shall be fined under this title or imprisoned not more than five years, or both. (2) As used in paragraph (1) of this subsection, the term ‘‘communicates false information’’ means communicates information that is false and that the communicator knows is false, under circumstances in which the information may reasonably be expected to be believed. (d) Whoever knowingly threatens, under cir- cumstances in which the threat may reasonably be expected to be believed, that conduct that, if it occurred, would violate subsection (a) of this section will occur, shall be fined under this title or imprisoned not more than five years, or both. (e) Whoever is a party to a conspiracy of two or more persons to commit an offense under sub- section (a) of this section, if any of the parties intentionally engages in any conduct in further- ance of such offense, shall be fined under this title or imprisoned not more than ten years, or both. (f)(1) Whoever, without the consent of the manufacturer, retailer, or distributor, inten- tionally tampers with a consumer product that is sold in interstate or foreign commerce by knowingly placing or inserting any writing in the consumer product, or in the container for the consumer product, before the sale of the consumer product to any consumer shall be fined under this title, imprisoned not more than 1 year, or both. (2) Notwithstanding the provisions of para- graph (1), if any person commits a violation of this subsection after a prior conviction under this section becomes final, such person shall be fined under this title, imprisoned for not more than 3 years, or both. (3) In this subsection, the term ‘‘writing’’ means any form of representation or commu- nication, including hand-bills, notices, or adver- tising, that contain letters, words, or pictorial representations. (g) In addition to any other agency which has authority to investigate violations of this sec- tion, the Food and Drug Administration and the Department of Agriculture, respectively, have authority to investigate violations of this sec- tion involving a consumer product that is regu- lated by a provision of law such Administration or Department, as the case may be, administers. (h) As used in this section— (1) the term ‘‘consumer product’’ means— (A) any ‘‘food’’, ‘‘drug’’, ‘‘device’’, or ‘‘cos- metic’’, as those terms are respectively de- fined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); or (B) any article, product, or commodity which is customarily produced or distributed for consumption by individuals, or use by in- dividuals for purposes of personal care or in the performance of services ordinarily ren- dered within the household, and which is de- signed to be consumed or expended in the course of such consumption or use; (2) the term ‘‘labeling’’ has the meaning given such term in section 201(m) of the Fed- eral Food, Drug, and Cosmetic Act (21 U.S.C. 321(m)); (3) the term ‘‘serious bodily injury’’ means bodily injury which involves— (A) a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a bodily member, organ, or men- tal faculty; and (4) the term ‘‘bodily injury’’ means— (A) a cut, abrasion, bruise, burn, or dis- figurement; (B) physical pain; (C) illness; (D) impairment of the function of a bodily member, organ, or mental faculty; or (E) any other injury to the body, no mat- ter how temporary.