18 U.S.C. § 2156 — Production of defective national-defense

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.) Page 507 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2193 HISTORICAL AND REVISION NOTES Based on section 106 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 6, as added Nov. 30, 1940, ch. 926, 54 Stat. 1221). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. 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 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. [§ 2157. Repealed. Pub. L. 103–322, title XXXIII, § 330004(13), Sept. 13, 1994, 108 Stat. 2142] Section, added June 30, 1953, ch. 175, § 2, 67 Stat. 133, related to temporary extension of sections 2153 and 2154 of this title. CHAPTER 107—SEAMEN AND STOWAWAYS Sec. 2191. Cruelty to seamen. 2192. Incitation of seamen to revolt or mutiny. 2193. Revolt or mutiny of seamen. 2194. Shanghaiing sailors. 2195. Abandonment of sailors. 2196. Drunkenness or neglect of duty by seamen. 2197. Misuse of Federal certificate, license or docu- ment. [2198. Repealed.] 2199. Stowaways on vessels or aircraft. Editorial Notes AMENDMENTS 1990—Pub. L. 101–647, title XII, § 1207(b), Nov. 29, 1990, 104 Stat. 4832, struck out item 2198 ‘‘Seduction of fe- male passenger’’. § 2191. Cruelty to seamen Whoever, being the master or officer of a ves- sel of the United States, on the high seas, or on any other waters within the admiralty and mar- itime jurisdiction of the United States, flogs, beats, wounds, or without justifiable cause, im- prisons any of the crew of such vessel, or with- holds from them suitable food and nourishment, or inflicts upon them any corporal or other cruel and unusual punishment, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 482 and section 712 of title 46, U.S.C., 1940 ed., Shipping (Dec. 21, 1898, ch. 28, § 22, 30 Stat. 761; Mar. 4, 1909, ch. 321, § 291, 35 Stat. 1145). Section consolidates section 482 of title 18, U.S.C., 1940 ed., and the following language from section 712 of title 46, U.S.C., 1940 ed., Shipping, prohibiting flogging and corporal punishment: ‘‘and any master or other of- ficer thereof who shall violate the aforesaid provisions of this section, or either thereof, shall be deemed guilty of a misdemeanor, punishable by imprisonment for not less than three months nor more than two years.’’ That language was the basis for the addition of the word ‘‘flogs’’ and the words ‘‘any corporal or other’’ for the word ‘‘any.’’ The punishment imposed by section 482 was adopted as that was the later statute as incor- porated in 1909 Criminal Code. Words ‘‘shall be deemed guilty of a misdemeanor,’’ contained in said section 712 of title 46, were omitted in view of definitive section 1 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2192. Incitation of seamen to revolt or mutiny Whoever, being of the crew of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime juris- diction of the United States, endeavors to make a revolt or mutiny on board such vessel, or com- bines, conspires, or confederates with any other person on board to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master or other officer of such vessel, or to refuse or neglect his proper duty on board there- of, or to betray his proper trust, or assembles with others in a tumultuous and mutinous man- ner, or makes a riot on board thereof, or unlaw- fully confines the master or other commanding officer thereof, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 483 (Mar. 4, 1909, ch. 321, § 292, 35 Stat. 1146). Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2193. Revolt or mutiny of seamen Whoever, being of the crew of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime juris- diction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command thereof, or de- prives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled there- to, is guilty of a revolt and mutiny, and shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 484 (Mar. 4, 1909, ch. 321, § 293, 35 Stat. 1146).