18 U.S.C. § 2154 — Production of defective war material, war

Page 505 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2154 Editorial Notes AMENDMENTS 1954—Act Sept. 3, 1954, redefined and enlarged defini- tions. 1953—Act June 30, 1953, inserted ‘‘or defense activi- ties’’ after ‘‘conduct of war’’ in definition of ‘‘war ma- terial’’. Statutory Notes and Related Subsidiaries SHORT TITLE Act Sept. 3, 1954, ch. 1261, § 1, 68 Stat. 1216, provided that: ‘‘This Act [amending this section and sections 794 and 2153 to 2156 of this title] may be cited as the ‘Espio- nage and Sabotage Act of 1954’.’’ REPEALS Act June 30, 1953, ch. 175, § 7, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, formerly cited as credits to this section and also formerly set out as a note under this section. § 2152. Fortifications, harbor defenses, or defen- sive sea areas Whoever willfully trespasses upon, injures, or destroys any of the works or property or mate- rial of any submarine mine or torpedo or for- tification or harbor-defense system owned or constructed or in process of construction by the United States; or Whoever willfully interferes with the oper- ation or use of any such submarine mine, tor- pedo, fortification, or harbor-defense system; or Whoever knowingly, willfully, or wantonly violates any duly authorized and promulgated order or regulation of the President governing persons or vessels within the limits of defensive sea areas, which the President, for purposes of national defense, may from time to time estab- lish by executive order— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 799; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 96 (Mar. 4, 1909, ch. 321, § 44, 35 Stat. 1097; Mar. 4, 1917, ch. 180, 39 Stat. 1194; May 22, 1917, ch. 20, § 19, 40 Stat. 89). Jurisdiction and venue provisions were omitted as unnecessary and inconsistent with Rule 18 of the Fed- eral Rules of Criminal Procedure providing for prosecu- tion where the offense is committed, and section 3238 of this title providing that trial of offenses committed outside any district shall be in the district where the offender is found, or into which he is first brought. Words ‘‘on conviction thereof’’ were omitted as sur- plusage as punishment cannot be imposed until convic- tion is had. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in last par. Executive Documents EXECUTIVE ORDER NO. 10361 Ex. Ord. No. 10361, June 12, 1952, 17 F.R. 5357, formerly set out under this section, which established the Whit- tier Defensive Sea Area, Alaska, was revoked by Ex. Ord. No. 11549, July 28, 1970, 35 F.R. 12191. § 2153. Destruction of war material, war prem- ises, or war utilities (a) Whoever, when the United States is at war, or in times of national emergency as declared by the President or by the Congress, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, or, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or car- rying on the war or defense activities, willfully injures, destroys, contaminates or infects, or at- tempts to so injure, destroy, contaminate or in- fect any war material, war premises, or war util- ities, shall be fined under this title or impris- oned not more than thirty years, or both. (b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section. (June 25, 1948, ch. 645, 62 Stat. 799; June 30, 1953, ch. 175, § 2, 67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, § 102, 68 Stat. 1217; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 102 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 2, 40 Stat. 534). ‘‘As herein defined’’ was deleted as surplusage. The conspiracy provisions are new. Their addition to the section was strongly urged by the Criminal Divi- sion of the Department of Justice, considering the gravity of the substantive offense as evidenced by the prescribed punishment therefor. The punishment provi- sions of the general conspiracy statute, section 371 of this title, are inadequate. Words ‘‘upon conviction thereof’’ were omitted as un- necessary since punishment cannot be imposed until a conviction is secured. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1954—Act Sept. 3, 1954, made section applicable in time of national emergency as well as war, and recog- nized the possibility of bacteriological warfare by mak- ing ‘‘contamination’’ a crime. 1953—Subsec. (a). Act June 30, 1953, inserted ‘‘or de- fense activities’’ after ‘‘carrying on the war’’. Statutory Notes and Related Subsidiaries REPEALS Act June 30, 1953, ch. 175, § 7, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, formerly cited as credits to this section and also formerly set out as a note under this section. § 2154. Production of defective war material, war premises, or war utilities (a) Whoever, when the United States is at war, or in times of national emergency as declared by Page 506 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2155 the President or by the Congress, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, or, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or car- rying on the war or defense activities, willfully makes, constructs, or causes to be made or con- structed in a defective manner, or attempts to make, construct, or cause to be made or con- structed in a defective manner any war mate- rial, war premises or war utilities, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufac- turing, or repairing any such war material, war premises or war utilities, shall be fined under this title or imprisoned not more than thirty years, or both. (b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section. (June 25, 1948, ch. 645, 62 Stat. 799; June 30, 1953, ch. 175, § 2, 67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, § 103, 68 Stat. 1218; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 103 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 3, 40 Stat. 534). The conspiracy provisions are new. Their addition to the section was strongly urged by the Criminal Divi- sion of the Department of Justice, considering the gravity of the substantive offense as evidenced by the prescribed punishment therefor. The punishment provi- sions of the general conspiracy statute, section 371 of this title, are inadequate. Words ‘‘upon conviction thereof’’ were omitted as un- necessary, since punishment cannot be imposed until a conviction is secured. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1954—Act Sept. 3, 1954, made section applicable in time of national emergency, and enlarged its scope by bringing ‘‘war premises, or war utilities’’ within juris- diction of section. 1953—Subsec. (a). Act June 30, 1953, inserted ‘‘or de- fense activities’’ after ‘‘carrying on the war’’. Statutory Notes and Related Subsidiaries REPEALS Act June 30, 1953, ch. 175, § 7, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, formerly cited as credits to this section and also formerly set out as a note under this section. § 2155. Destruction of national-defense materials, national-defense premises, or national-de- fense utilities (a) Whoever, with intent to injure, interfere with, or obstruct the national defense of the United States, willfully injures, destroys, con- taminates or infects, or attempts to so injure, destroy, contaminate or infect any national-de- fense material, national-defense premises, or na- tional-defense utilities, shall be fined under this title or imprisoned not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life. (b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section. (June 25, 1948, ch. 645, 62 Stat. 799; Sept. 3, 1954, ch. 1261, title I, § 104, 68 Stat. 1218; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(12), Oct. 11, 1996, 110 Stat. 3500; Pub. L. 107–56, title VIII, § 810(e), Oct. 26, 2001, 115 Stat. 380.) HISTORICAL AND REVISION NOTES Based on section 105 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 5, as added Nov. 30, 1940, ch. 926, 54 Stat. 1221). Words ‘‘upon conviction thereof’’ were omitted as un- necessary, since punishment cannot be imposed until a conviction is secured. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2001—Subsec. (a). Pub. L. 107–56 substituted ‘‘20 years’’ for ‘‘ten years’’ and inserted ‘‘, and, if death re- sults to any person, shall be imprisoned for any term of years or for life’’ before period at end. 1996—Pub. L. 104–294 substituted ‘‘, or’’ for ‘‘or’’ in section catchline. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1954—Act Sept. 3, 1954, inserted conspiracy provisions. § 2156. Production of defective national-defense material, national-defense premises, or na- tional-defense utilities (a) Whoever, with intent to injure, interfere with, or obstruct the national defense of the United States, willfully makes, constructs, or attempts to make or construct in a defective manner, any national-defense material, na- tional-defense premises or national-defense util- ities, or any tool, implement, machine, utensil, or receptacle used or employed in making, pro- ducing, manufacturing, or repairing any such national-defense material, national-defense premises or national-defense utilities, shall be fined under this title or imprisoned not more than ten years, or both. (b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section. (June 25, 1948, ch. 645, 62 Stat. 800; Sept. 3, 1954, ch. 1261, title I, § 105, 68 Stat. 1218; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(12), Oct. 11, 1996, 110 Stat. 3500.)