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18 U.S.C. § 1851 — Coal depredations
Federal law — U.S. Code and appendices · legal_authorities
Page 454
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1851
the unborn child, that person shall instead of
being punished under subparagraph (A), be pun-
ished as provided under sections 1111, 1112, and
1113 of this title for intentionally killing or at-
tempting to kill a human being.
(D) Notwithstanding any other provision of
law, the death penalty shall not be imposed for
an offense under this section.
(b) The provisions referred to in subsection (a)
are the following:
(1) Sections 36, 37, 43, 111, 112, 113, 114, 115,
229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1),
and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116,
1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203,
1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864,
1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958,
1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231,
2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a,
2332b, 2340A, and 2441 of this title.
(2) Section 408(e) of the Controlled Sub-
stances Act of 1970 (21 U.S.C. 848(e)).
(3) Section 202 of the Atomic Energy Act of
1954 (42 U.S.C. 2283).
(c) Nothing in this section shall be construed
to permit the prosecution—
(1) of any person for conduct relating to an
abortion for which the consent of the pregnant
woman, or a person authorized by law to act
on her behalf, has been obtained or for which
such consent is implied by law;
(2) of any person for any medical treatment
of the pregnant woman or her unborn child; or
(3) of any woman with respect to her unborn
child.
(d) As used in this section, the term ‘‘unborn
child’’ means a child in utero, and the term
‘‘child in utero’’ or ‘‘child, who is in utero’’
means a member of the species homo sapiens, at
any stage of development, who is carried in the
womb.
(Added Pub. L. 108
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Page 454
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1851
the unborn child, that person shall instead of
being punished under subparagraph (A), be pun-
ished as provided under sections 1111, 1112, and
1113 of this title for intentionally killing or at-
tempting to kill a human being.
(D) Notwithstanding any other provision of
law, the death penalty shall not be imposed for
an offense under this section.
(b) The provisions referred to in subsection (a)
are the following:
(1) Sections 36, 37, 43, 111, 112, 113, 114, 115,
229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1),
and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116,
1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203,
1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864,
1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958,
1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231,
2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a,
2332b, 2340A, and 2441 of this title.
(2) Section 408(e) of the Controlled Sub-
stances Act of 1970 (21 U.S.C. 848(e)).
(3) Section 202 of the Atomic Energy Act of
1954 (42 U.S.C. 2283).
(c) Nothing in this section shall be construed
to permit the prosecution—
(1) of any person for conduct relating to an
abortion for which the consent of the pregnant
woman, or a person authorized by law to act
on her behalf, has been obtained or for which
such consent is implied by law;
(2) of any person for any medical treatment
of the pregnant woman or her unborn child; or
(3) of any woman with respect to her unborn
child.
(d) As used in this section, the term ‘‘unborn
child’’ means a child in utero, and the term
‘‘child in utero’’ or ‘‘child, who is in utero’’
means a member of the species homo sapiens, at
any stage of development, who is carried in the
womb.
(Added Pub. L. 108–212, § 2(a), Apr. 1, 2004, 118
Stat. 568.)
Editorial Notes
REFERENCES IN TEXT
Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283), referred to in subsec. (b)(3), probably
means section 235 of the Atomic Energy Act of 1954, act
Aug. 1, 1946, ch. 724, title I, as added by Pub. L. 96–295,
title II, § 202(a), June 30, 1980, 94 Stat. 786, which is clas-
sified to section 2283 of Title 42, The Public Health and
Welfare. Section 202 of the Atomic Energy Act of 1954,
which related to the authority of the Joint Committee
on Atomic Energy, was classified to section 2252 of
Title 42 and was repealed by act Aug. 1, 1946, ch. 724,
title I, § 302(a), as added Pub. L. 95–110, § 1, Sept. 20, 1977,
91 Stat. 884; renumbered title I, Pub. L. 102–486, title IX,
§ 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–212, § 1, Apr. 1, 2004, 118 Stat. 568, provided
that: ‘‘This Act [enacting this chapter and section 919a
of Title 10, Armed Forces] may be cited as the ‘Unborn
Victims of Violence Act of 2004’ or ‘Laci and Conner’s
Law’.’’
CHAPTER 91—PUBLIC LANDS
Sec.
1851.
Coal depredations.
Sec.
1852.
Timber removed or transported.
1853.
Trees cut or injured.
1854.
Trees boxed for pitch or turpentine.
1855.
Timber set afire.
1856.
Fires left unattended and unextinguished.
1857.
Fences destroyed; livestock entering.
1858.
Survey marks destroyed or removed.
1859.
Surveys interrupted.
1860.
Bids at land sales.
1861.
Deception of prospective purchasers.
[1862.
Repealed.]
1863.
Trespass on national forest lands.
1864.
Hazardous or injurious devices on Federal
lands.
1865.
National Park Service.
1866.
Historic, archeologic, or prehistoric items
and antiquities.
Editorial Notes
AMENDMENTS
2014—Pub. L. 113–287, § 4(a)(2), Dec. 19, 2014, 128 Stat.
3261, added items 1865 and 1866.
1990—Pub. L. 101–647, title XXXV, § 3554, Nov. 29, 1990,
104 Stat. 4927, struck out item 1862 ‘‘Trespass on Bull
Run National Forest’’.
1988—Pub. L. 100–690, title VI, § 6254(g), Nov. 18, 1988,
102 Stat. 4367, added item 1864.
1949—Act May 24, 1949, ch. 139, § 41, 63 Stat. 95, sub-
stituted in analysis ‘‘1859’’ for ‘‘1959’’, and added item
1863.
§ 1851. Coal depredations
Whoever mines or removes coal of any char-
acter, whether anthracite, bituminous, or lig-
nite, from beds or deposits in lands of, or re-
served to the United States, with intent wrong-
fully to appropriate, sell, or dispose of the same,
shall be fined under this title or imprisoned not
more than one year, or both.
This section shall not interfere with any right
or privilege conferred by existing laws of the
United States.
(June 25, 1948, ch. 645, 62 Stat. 787; 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., §§ 103a, 103b (July 3,
1926, ch. 780, §§ 1, 2, 44 Stat. 891).
Section consolidates sections 103a and 103b of title 18,
U.S.C., 1940 ed.
Words ‘‘deemed guilty of misdemeanor’’ were deleted
as unnecessary in view of definitive section 1 of this
title. (See also reviser’s note under section 212 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’’ in first par.
§ 1852. Timber removed or transported
Whoever cuts, or wantonly destroys any tim-
ber growing on the public lands of the United
States; or
Whoever removes any timber from said public
lands, with intent to export or to dispose of the
same; or
Whoever, being the owner, master, pilot, oper-
ator, or consignee of any vessel, motor vehicle,
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
Whoever mines or removes coal of any character, whether anthracite, bituminous, or lignite, from beds or deposits in lands of, or reserved to the United States, with intent wrongfully to appropriate, sell, or dispose of the same, shall be fined under this title or imprisoned not more than one year, or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalties; forfeitures** Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim); except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim).
**(b) Life imprisonment for engaging in continuing criminal enterprise** Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if—
(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and
(2)
(A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in sub[section 841(b)(1)(B) of this title](https://uscode.ho
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Federal law — U.S. Code and appendices · legal_authorities
Page 856
TITLE 21—FOOD AND DRUGS
§§ 845 to 845b
of Justice solely for the purpose of determining
in any subsequent proceeding whether the per-
son qualified for a civil penalty or expungement
under this section. If a record is expunged under
this subsection, an individual concerning whom
such an expungement has been made shall not
be held thereafter under any provision of law to
be guilty of perjury, false swearing, or making a
false statement by reason of his failure to recite
or acknowledge a proceeding under this section
or the results thereof in response to an inquiry
made of him for any purpose.
(Pub. L. 91–513, title II, § 405, formerly Pub. L.
100–690, title VI, § 6486, Nov. 18, 1988, 102 Stat.
4384, renumbered § 405 of Pub. L. 91–513, and
amended Pub. L. 101–647, title X, § 1002(g)(1), (2),
Nov. 29, 1990, 104 Stat. 4828.)
Editorial Notes
PRIOR PROVISIONS
A prior section 405 of Pub. L. 91–513 was renumbered
section 418 and is classified to section 859 of this title.
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–647, § 1002(g)(2)(A), made
technical
amendments
to
references
to
sections
841(b)(1)(A) and 844 of this title to correct references to
corresponding provisions of original act.
Subsecs. (c), (j)(4). Pub. L. 101–647, § 1002(g)(2)(B), (C),
struck out ‘‘as defined in section 802 of this title’’ after
‘‘controlled substance’’.
§§ 845 to 845b. Transferred
Editorial Notes
CODIFICATION
Section 845, Pub. L. 91–513, title II, § 405, Oct. 27, 1970,
84 Stat. 1265, as amended, which related to distribution
of controlled substances to persons under age twenty-
one, was renumbered § 418 of Pub. L. 91–513 by Pub. L.
101–647, title X, § 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827,
and transferred to section 859 of this title.
Section 845a,
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homicide** Whoever kills any person who performs any inspections which—
(1) are related to any activity or facility licensed by the Commission, and
(2) are carried out to satisfy requirements under this chapter or under any other Federal law governing the safety of utilization facilities required to be licensed under section 2133 or 2134(b) of this title, or the safety of radioactive materials,
shall be punished as provided under sections 1111 and 1112 of title 18. The preceding sentence shall be applicable only if such person is killed while engaged in the performance of such inspection duties or on account of the performance of such duties.
**(b) Assault** Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person who performs inspections as described under subsection (a) of this section, while such person is engaged in such inspection duties or on account of the performance of such duties, shall be punished as provided under [section 111 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section111&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 5544
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2283
(B) to take into account special cir-
cumstances at a facility that is, or is ex-
pected to be, permanently closed and that is
expected to be demolished, or title to which
is expected to be transferred to another enti-
ty for reuse; and
(C) to achieve national security missions
of the Department of Energy in an efficient
and timely manner.
(4) No effect on health and safety enforcement
This subsection does not diminish or other-
wise affect the enforcement or the application
of any other law, regulation, order, or contrac-
tual obligation relating to worker health and
safety.
(b) Civil penalties
(1) In general
A person (or any subcontractor or supplier of
the person) who has entered into an agreement
of indemnification under section 2210(d) of this
title (or any subcontractor or supplier of the
person) that violates (or is the employer of a
person that violates) any regulation promul-
gated under subsection (a) shall be subject to
a civil penalty of not more than $70,000 for
each such violation.
(2) Continuing violations
If any violation under this subsection is a
continuing violation, each day of the violation
shall constitute a separate violation for the
purpose of computing the civil penalty under
paragraph (1).
(c) Contract penalties
(1) In general
The Secretary shall include in each contract
with a contractor of the Department who has
entered into an agreement of indemnification
under section 2210(d) of this title provisions
that provide an appropriate reduction in the
fees or amounts paid to the contractor under
the contract in the event of a violation by the
contractor or contractor employee of any reg-
ulation promulgated under subsection (a).
(2) Contents
The provisions
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