18 U.S.C. § 2331 — Definitions

Page 588 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2331 AMENDMENTS 2015—Pub. L. 114–23, title VIII, § 811(b), June 2, 2015, 129 Stat. 311, added item 2332i. 2004—Pub. L. 108–458, title VI, § 6911(a), Dec. 17, 2004, 118 Stat. 3775, added items 2332g and 2332h. 2002—Pub. L. 107–197, title I, § 102(b), title II, § 202(b), June 25, 2002, 116 Stat. 724, 727, added items 2332f and 2339C. 2001—Pub. L. 107–56, title VIII, § 803(b), Oct. 26, 2001, 115 Stat. 377, added item 2339. 1998—Pub. L. 105–277, div. I, title II, § 201(c)(2), Oct. 21, 1998, 112 Stat. 2681–871, struck out item 2332c ‘‘Use of chemical weapons’’. 1996—Pub. L. 104–294, title VI, § 605(q), Oct. 11, 1996, 110 Stat. 3510, redesignated item 2332d, relating to requests for military assistance to enforce prohibition in certain emergencies, as item 2332e, and moved the item to fol- low item 2332d, relating to financial transactions. Pub. L. 104–294, title VI, § 604(b)(5), Oct. 11, 1996, 110 Stat. 3506, amended directory language of Pub. L. 103–322, title XII, § 120005(b), Sept. 13, 1994, 108 Stat. 2023. See 1994 Amendment note below. Pub. L. 104–201, div. A, title XIV, § 1416(c)(2)(B), Sept. 23, 1996, 110 Stat. 2723, which directed amendment of table of sections at beginning of the chapter 133B of this title, that relates to terrorism, by adding item 2332d relating to requests for military assistance to en- force prohibition in certain emergencies, after item 2332c, was executed by making the addition after item 2332c in the table of sections at the beginning of this chapter to reflect the probable intent of Congress. This title does not contain a chapter 133B. Pub. L. 104–132, title III, §§ 303(b), 321(b), title V, § 521(c), title VII, § 702(b), Apr. 24, 1996, 110 Stat. 1253, 1254, 1287, 1294, added items 2332b to 2332d and 2339B. 1994—Pub. L. 103–322, title XII, § 120005(b), Sept. 13, 1994, 108 Stat. 2023, as amended by Pub. L. 104–294, title VI, § 604(b)(5), Oct. 11, 1996, 110 Stat. 3506, added item 2339A. Pub. L. 103–322, title VI, § 60023(b), title XXV, § 250002(a)(1), (b)(2), Sept. 13, 1994, 108 Stat. 1981, 2082, 2085, renumbered chapter 113A as 113B, amended chap- ter heading generally, substituting ‘‘113B’’ for ‘‘113A’’, and added item 2332a. 1992—Pub. L. 102–572, title X, § 1003(a)(5), Oct. 29, 1992, 106 Stat. 4524, substituted ‘‘TERRORISM’’ for ‘‘EXTRATERRITORIAL JURISDICTION OVER TER- RORIST ACTS ABROAD AGAINST UNITED STATES NATIONALS’’ in chapter heading and amended chapter analysis generally, substituting ‘‘Definitions’’ for ‘‘Ter- rorist acts abroad against United States nationals’’ in item 2331 and adding items 2332 to 2338. 1988—Pub. L. 100–690, title VII, § 7062, Nov. 18, 1988, 102 Stat. 4404, added item 2331. § 2331. Definitions As used in this chapter— (1) the term ‘‘international terrorism’’ means activities that— (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian pop- ulation; (ii) to influence the policy of a govern- ment by intimidation or coercion; or (iii) to affect the conduct of a govern- ment by mass destruction, assassination, or kidnapping; and (C) occur primarily outside the territorial jurisdiction of the United States, or tran- scend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their per- petrators operate or seek asylum; (2) the term ‘‘national of the United States’’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act; (3) the term ‘‘person’’ means any individual or entity capable of holding a legal or bene- ficial interest in property; (4) the term ‘‘act of war’’ means any act oc- curring in the course of— (A) declared war; (B) armed conflict, whether or not war has been declared, between two or more nations; or (C) armed conflict between military forces of any origin; (5) the term ‘‘domestic terrorism’’ means ac- tivities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian pop- ulation; (ii) to influence the policy of a govern- ment by intimidation or coercion; or (iii) to affect the conduct of a govern- ment by mass destruction, assassination, or kidnapping; and (C) occur primarily within the territorial jurisdiction of the United States; and (6) the term ‘‘military force’’ does not in- clude any person that— (A) has been designated as a— (i) foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or (ii) specially designated global terrorist (as such term is defined in section 594.310 of title 31, Code of Federal Regulations) by the Secretary of State or the Secretary of the Treasury; or (B) has been determined by the court to not be a ‘‘military force’’. (Added Pub. L. 102–572, title X, § 1003(a)(3), Oct. 29, 1992, 106 Stat. 4521; amended Pub. L. 107–56, title VIII, § 802(a), Oct. 26, 2001, 115 Stat. 376; Pub. L. 115–253, § 2(a), Oct. 3, 2018, 132 Stat. 3183.) Editorial Notes REFERENCES IN TEXT Section 101(a)(22) of the Immigration and Nationality Act, referred to in par. (2), is classified to section 1101(a)(22) of Title 8, Aliens and Nationality. PRIOR PROVISIONS A prior section 2331 was renumbered 2332 of this title. AMENDMENTS 2018—Par. (6). Pub. L. 115–253 added par. (6). 2001—Par. (1)(B)(iii). Pub. L. 107–56, § 802(a)(1), sub- stituted ‘‘by mass destruction, assassination, or kid- napping’’ for ‘‘by assassination or kidnapping’’. Par. (5). Pub. L. 107–56, § 802(a)(2)–(4), added par. (5). Page 589 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2332a Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–253, § 2(b), Oct. 3, 2018, 132 Stat. 3183, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply to any civil action pending on or commenced after the date of the enact- ment of this Act [Oct. 3, 2018].’’ EFFECTIVE DATE Pub. L. 102–572, title X, § 1003(c), Oct. 29, 1992, 106 Stat. 4524, provided that: ‘‘This section [enacting this section and sections 2333 to 2338 of this title, amending former section 2331 of this title, and renumbering former sec- tion 2331 of this title as 2332] and the amendments made by this section shall apply to any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act [Oct. 29, 1992].’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–458, title VI, § 6601, Dec. 17, 2004, 118 Stat. 3761, provided that: ‘‘This subtitle [subtitle G (§§ 6601–6604) of title VI of Pub. L. 108–458, enacting sec- tion 2339D of this title, amending sections 2332b and 2339A to 2339C of this title, and enacting provisions set out as a note under section 2332b of this title] may be cited as the ‘Material Support to Terrorism Prohibition Enhancement Act of 2004’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–197, title I, § 101, June 25, 2002, 116 Stat. 721, provided that: ‘‘This title [enacting section 2332f of this title and provisions set out as notes under section 2332f of this title] may be cited as the ‘Terrorist Bomb- ings Convention Implementation Act of 2002’.’’ Pub. L. 107–197, title II, § 201, June 25, 2002, 116 Stat. 724, provided that: ‘‘This title [enacting section 2339C of this title and provisions set out as notes under section 2339C of this title] may be cited as the ‘Suppression of the Financing of Terrorism Convention Implementa- tion Act of 2002’.’’ § 2332. Criminal penalties (a) HOMICIDE.—Whoever kills a national of the United States, while such national is outside the United States, shall— (1) if the killing is murder (as defined in sec- tion 1111(a)), be fined under this title, pun- ished by death or imprisonment for any term of years or for life, or both; (2) if the killing is a voluntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than ten years, or both; and (3) if the killing is an involuntary man- slaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than three years, or both. (b) ATTEMPT OR CONSPIRACY WITH RESPECT TO HOMICIDE.—Whoever outside the United States attempts to kill, or engages in a conspiracy to kill, a national of the United States shall— (1) in the case of an attempt to commit a killing that is a murder as defined in this chapter, be fined under this title or impris- oned not more than 20 years, or both; and (2) in the case of a conspiracy by two or more persons to commit a killing that is a murder as defined in section 1111(a) of this title, if one or more of such persons do any overt act to effect the object of the con- spiracy, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned. (c) OTHER CONDUCT.—Whoever outside the United States engages in physical violence— (1) with intent to cause serious bodily injury to a national of the United States; or (2) with the result that serious bodily injury is caused to a national of the United States; shall be fined under this title or imprisoned not more than ten years, or both. (d) LIMITATION ON PROSECUTION.—No prosecu- tion for any offense described in this section shall be undertaken by the United States except on written certification of the Attorney General or the highest ranking subordinate of the Attor- ney General with responsibility for criminal prosecutions that, in the judgment of the certi- fying official, such offense was intended to co- erce, intimidate, or retaliate against a govern- ment or a civilian population. (Added Pub. L. 99–399, title XII, § 1202(a), Aug. 27, 1986, 100 Stat. 896, § 2331; amended Pub. L. 101–519, § 132(b), Nov. 5, 1990, 104 Stat. 2250; Pub. L. 102–27, title IV, § 402, Apr. 10, 1991, 105 Stat. 155; Pub. L. 102–136, § 126, Oct. 25, 1991, 105 Stat. 643; renumbered § 2332 and amended Pub. L. 102–572, title X, § 1003(a)(1), (2), Oct. 29, 1992, 106 Stat. 4521; Pub. L. 103–322, title VI, § 60022, Sept. 13, 1994, 108 Stat. 1980; Pub. L. 104–132, title VII, § 705(a)(6), Apr. 24, 1996, 110 Stat. 1295.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–132 substituted ‘‘ten years’’ for ‘‘five years’’ in concluding provisions. 1994—Subsec. (a)(1). Pub. L. 103–322 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘if the killing is a murder as defined in section 1111(a) of this title, be fined under this title or imprisoned for any term of years or for life, or both so fined and so im- prisoned;’’. 1992—Pub. L. 102–572 renumbered section 2331 of this title as this section, substituted ‘‘Criminal penalties’’ for ‘‘Terrorist acts abroad against United States na- tional’’ in section catchline, redesignated subsec. (e) as (d), and struck out former subsec. (d) which read as fol- lows: ‘‘DEFINITION.—As used in this section the term ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).’’ 1991—Pub. L. 102–27, § 402, as amended by Pub. L. 102–136, § 126, repealed Pub. L. 101–519, § 132, and amend- ed this section to read as if Pub. L. 101–519, § 132, had not been enacted, effective as of Nov. 5, 1990, the date of enactment of Pub. L. 101–519. See Codification note preceding this section. 1990—Pub. L. 101–519, § 132, which amended this sec- tion, was repealed by Pub. L. 102–27, § 402, as amended. See 1991 Amendment note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as an Effective Date note under section 2331 of this title. § 2332a. Use of weapons of mass destruction (a) OFFENSE AGAINST A NATIONAL OF THE UNITED STATES OR WITHIN THE UNITED STATES.— A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction—