18 U.S.C. § 1366 — Destruction of an energy facility

Page 371 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1367 (Added Pub. L. 98–127, § 2, Oct. 13, 1983, 97 Stat. 831; amended Pub. L. 101–647, title XXXV, § 3544, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 103–322, title XXXIII, § 330016(1)(L), (O), (Q), (S), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 107–307, § 2, Dec. 2, 2002, 116 Stat. 2445.) Editorial Notes CODIFICATION Another section 1365 was renumbered section 1366 of this title. AMENDMENTS 2002—Subsecs. (f) to (h). Pub. L. 107–307 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. 1994—Subsec. (a)(1). Pub. L. 103–322, § 330016(1)(O), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $25,000’’. Subsec. (a)(2), (3). Pub. L. 103–322, § 330016(1)(S), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $100,000’’. Subsec. (a)(4). Pub. L. 103–322, § 330016(1)(Q), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $50,000’’. Subsec. (b). Pub. L. 103–322, § 330016(1)(L), substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. Subsecs. (c)(1), (d), (e). Pub. L. 103–322, § 330016(1)(O), substituted ‘‘fined under this title’’ for ‘‘fined not more than $25,000’’. 1990—Subsec. (g)(1)(A). Pub. L. 101–647 inserted open- ing quotation marks before ‘‘device’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–307, § 1, Dec. 2, 2002, 116 Stat. 2445, provided that: ‘‘This Act [amending this section] may be cited as the ‘Product Packaging Protection Act of 2002’.’’ SHORT TITLE Pub. L. 98–127, § 1, Oct. 13, 1983, 97 Stat. 831, provided: ‘‘That this Act [enacting this section and section 155A of Title 35, Patents] may be cited as the ‘Federal Anti- Tampering Act’.’’ § 1366. Destruction of an energy facility (a) Whoever knowingly and willfully damages or attempts or conspires to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been completed, or if the object of the con- spiracy had been achieved, have exceeded $100,000, or damages or attempts or conspires to damage the property of an energy facility in any amount and causes or attempts or conspires to cause a significant interruption or impairment of a function of an energy facility, shall be pun- ishable by a fine under this title or imprison- ment for not more than 20 years, or both. (b) Whoever knowingly and willfully damages or attempts to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been com- pleted have exceeded $5,000 shall be punishable by a fine under this title, or imprisonment for not more than five years, or both. (c) For purposes of this section, the term ‘‘en- ergy facility’’ means a facility that is involved in the production, storage, transmission, or dis- tribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, re- gardless of whether such facility is still under construction or is otherwise not functioning, ex- cept a facility subject to the jurisdiction, ad- ministration, or in the custody of the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in section 60101 of title 49. (d) Whoever is convicted of a violation of sub- section (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life. (Added Pub. L. 98–473, title II, § 1011(a), Oct. 12, 1984, 98 Stat. 2141, § 1365; renumbered § 1366, Pub. L. 99–646, § 29(a), Nov. 10, 1986, 100 Stat. 3598; amended Pub. L. 101–647, title XXXV, §§ 3545, 3546, Nov. 29, 1990, 104 Stat. 4926; Pub. L. 103–272, § 5(e)(9), July 5, 1994, 108 Stat. 1374; Pub. L. 103–322, title XXXII, § 320903(d)(3), title XXXIII, § 330016(2)(C), Sept. 13, 1994, 108 Stat. 2125, 2148; Pub. L. 107–56, title VIII, § 810(b), Oct. 26, 2001, 115 Stat. 380; Pub. L. 109–177, title IV, § 406(c)(2), Mar. 9, 2006, 120 Stat. 245.) Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–177 substituted ‘‘at- tempts or conspires’’ for ‘‘attempts’’ wherever appear- ing and inserted ‘‘, or if the object of the conspiracy had been achieved,’’ after ‘‘the attempted offense had been completed’’. 2001—Subsec. (a). Pub. L. 107–56, § 810(b)(1), sub- stituted ‘‘20 years’’ for ‘‘ten years’’. Subsec. (d). Pub. L. 107–56, § 810(b)(2), added subsec. (d). 1994—Subsec. (a). Pub. L. 103–322, § 330016(2)(C), sub- stituted ‘‘fine under this title’’ for ‘‘fine of not more than $50,000’’. Pub. L. 103–322, § 320903(d)(3), inserted ‘‘or attempts to damage’’ after ‘‘damages’’ in two places, ‘‘or would if the attempted offense had been completed have exceed- ed’’ after ‘‘exceeds’’, and ‘‘or attempts to cause’’ after ‘‘causes’’. Subsec. (b). Pub. L. 103–322, § 330016(2)(C), substituted ‘‘fine under this title’’ for ‘‘fine of not more than $25,000’’. Pub. L. 103–322, § 320903(d)(3)(A), (C), inserted ‘‘or at- tempts to damage’’ after ‘‘damages’’ and ‘‘or would if the attempted offense had been completed have exceed- ed’’ after ‘‘exceeds’’. Subsec. (c). Pub. L. 103–272 substituted ‘‘an interstate gas pipeline facility as defined in section 60101 of title 49’’ for ‘‘interstate transmission facilities, as defined in section 2 of the Natural Gas Pipeline Safety Act of 1968’’. 1990—Subsec. (c). Pub. L. 101–647, § 3545, substituted ‘‘section 2 of the Natural Gas Pipeline Safety Act of 1968’’ for ‘‘49 U.S.C. 1671’’. Subsec. (d). Pub. L. 101–647, § 3546, struck out subsec. (d) which read as follows: ‘‘The table of contents for chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new item: ‘1365 Destruction of an energy facility.’ ’’ § 1367. Interference with the operation of a sat- ellite (a) Whoever, without the authority of the sat- ellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or ob- structs or hinders any satellite transmission shall be fined in accordance with this title or imprisoned not more than ten years or both.