18 U.S.C. § 2281 — Violence against maritime fixed platforms

Page 563 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2281 1 So in original. Probably should be ‘‘paragraph’’. contrary to the obligations under the Non-Proliferation Treaty of a Non-Pro- liferation Treaty State Party from which, to the territory of which, or oth- erwise under the control of which such item is transferred; (v) any equipment, materials, or soft- ware or related technology that signifi- cantly contributes to the delivery of a nu- clear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, 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) such item is intended for the deliv- ery system of a nuclear weapon or other nuclear explosive device of a Nuclear Weapon State Party to the Non-Pro- liferation Treaty; or (vi) any equipment, materials, or soft- ware or related technology that signifi- cantly contributes to the design, manufac- ture, or delivery of a biological or chem- ical weapon, with the intention that it will be used for such purpose; (C) transports another person on board a ship knowing that the person has committed an act that constitutes an offense under sec- tion 2280 or subparagraph (A), (B), (D), or (E) of this section 1 or an offense set forth in an applicable treaty, as specified in section 2280(d)(1), and intending to assist that person to evade criminal prosecution; (D) 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 (C), or sub- section (a)(2), to the extent that the sub- section (a)(2) offense pertains to subpara- graph (A); or (E) attempts to do any act prohibited under subparagraph (A), (B) or (D), or con- spires to do any act prohibited by subpara- graphs (A) through (E) or subsection (a)(2), 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 imprisoned for any term of years or for life. (2) THREATS.—A person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A) shall be fined under this title, imprisoned not more than 5 years, or both. (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; or (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) 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. (d)(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. 114–23, title VIII, § 802(a), June 2, 2015, 129 Stat. 304.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 2280(d) of this title. § 2281. Violence against maritime fixed platforms (a) OFFENSES.— (1) IN GENERAL.—A person who unlawfully and intentionally— (A) seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation; (B) performs an act of violence against a person on board a fixed platform if that act is likely to endanger its safety; (C) destroys a fixed platform or causes damage to it which is likely to endanger its safety; Page 564 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2281a (D) places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safe- ty; (E) 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 (D); or (F) attempts or conspires to do anything prohibited under subparagraphs (A) through (E), shall be fined under this title, imprisoned not more than 20 years, or both; and if death re- sults to any person from conduct prohibited by this paragraph, shall be punished by death or imprisoned for any term of years or for life. (2) THREAT TO SAFETY.—A person who threat- ens to do anything prohibited under paragraph (1)(B) or (C), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safety of the fixed platform, shall be fined under this title, imprisoned not more than 5 years, or both. (b) JURISDICTION.—There is jurisdiction over the activity prohibited in subsection (a) if— (1) such activity is committed against or on board a fixed platform— (A) that is located on the continental shelf of the United States; (B) that is located on the continental shelf of another country, by a national of the United States or by a stateless person whose habitual residence is in the United States; or (C) in an attempt to compel the United States to do or abstain from doing any act; (2) during the commission of such activity against or on board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured or killed; or (3) such activity is committed against or on board a fixed platform located outside the United States and beyond the continental shelf of the United States and the offender is later found in the United States. (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)), and the term ‘‘State’’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (d) DEFINITIONS.—In this section— ‘‘continental shelf’’ means the sea-bed and subsoil of the submarine areas that extend be- yond a country’s territorial sea to the limits provided by customary international law as reflected in Article 76 of the 1982 Convention on the Law of the Sea. ‘‘fixed platform’’ means an artificial island, installation or structure permanently at- tached to the sea-bed for the purpose of explo- ration or exploitation of resources or for other economic purposes. (e) EXCEPTIONS.—This section does 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. (Added Pub. L. 103–322, title VI, § 60019(a), Sept. 13, 1994, 108 Stat. 1977; amended Pub. L. 104–132, title VII, § 723(a)(1), Apr. 24, 1996, 110 Stat. 1300; Pub. L. 104–294, title VI, § 607(p), Oct. 11, 1996, 110 Stat. 3513; Pub. L. 114–23, title VIII, § 803, June 2, 2015, 129 Stat. 307.) Editorial Notes AMENDMENTS 2015—Subsec. (c). Pub. L. 114–23, § 803(1), substituted ‘‘section 13(c)’’ for ‘‘section 2(c)’’. Subsec. (d). Pub. L. 114–23, § 803(2), struck out defini- tions of ‘‘national of the United States’’, ‘‘territorial sea of the United States’’, and ‘‘United States’’. Subsec. (e). Pub. L. 114–23, § 803(3), added subsec. (e). 1996—Subsec. (a)(1)(F). Pub. L. 104–132 inserted ‘‘or conspires’’ after ‘‘attempts’’. Subsec. (c). Pub. L. 104–294 inserted before period at end ‘‘, and the term ‘State’ means a State of the United States, the District of Columbia, and any com- monwealth, territory, or possession of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 6, 1995, see section 60019(c)(1), (2)(B) of Pub. L. 103–322, set out as a note under section 2280 of this title. DEFINITIONS For definitions of terms used in this section, see sec- tion 2280(d) of this title. 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. § 2281a. Additional offenses against maritime fixed platforms (a) OFFENSES.— (1) IN GENERAL.—A person who unlawfully and intentionally— (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 fixed platform or discharges from a fixed platform any ex- plosive or radioactive material, biological, chemical, or nuclear weapon in a manner that causes or is likely to cause death or serious injury or damage; or (ii) discharges from a fixed platform oil, liquefied natural gas, or another hazardous