18 U.S.C. § 2285 — Operation of submersible vessel or semi-

Page 566 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2283 1 See References in Text note below. 2 So in original. No par. (7) has been enacted. Editorial Notes REFERENCES IN TEXT Section 81 of title 14, referred to in text, was redesig- nated section 541 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and references to sec- tion 81 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corporation’’. § 2283. Transportation of explosive, biological, chemical, or radioactive or nuclear materials (a) IN GENERAL.—Whoever knowingly trans- ports aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nationality an explosive or incendiary device, biological agent, chemical weapon, or ra- dioactive or nuclear material, knowing that any such item is intended to be used to commit an offense listed under section 2332b(g)(5)(B), shall be fined under this title or imprisoned for any term of years or for life, or both. (b) CAUSING DEATH.—Any person who causes the death of a person by engaging in conduct prohibited by subsection (a) may be punished by death. (c) DEFINITIONS.—In this section: (1) BIOLOGICAL AGENT.—The term ‘‘biological agent’’ means any biological agent, toxin, or vector (as those terms are defined in section 178). (2) BY-PRODUCT MATERIAL.—The term ‘‘by- product material’’ has the meaning given that term in section 11(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)). (3) CHEMICAL WEAPON.—The term ‘‘chemical weapon’’ has the meaning given that term in section 229F(1). (4) EXPLOSIVE OR INCENDIARY DEVICE.—The term ‘‘explosive or incendiary device’’ has the meaning given the term in section 232(5) and includes explosive materials, as that term is defined in section 841(c) and explosive as de- fined in section 844(j). (5) NUCLEAR MATERIAL.—The term ‘‘nuclear material’’ has the meaning given that term in section 831(f)(1).1 (6) RADIOACTIVE MATERIAL.—The term ‘‘ra- dioactive material’’ means— (A) source material and special nuclear material, but does not include natural or de- pleted uranium; (B) nuclear by-product material; (C) material made radioactive by bombard- ment in an accelerator; or (D) all refined isotopes of radium. (8) 2 SOURCE MATERIAL.—The term ‘‘source material’’ has the meaning given that term in section 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)). (9) SPECIAL NUCLEAR MATERIAL.—The term ‘‘special nuclear material’’ has the meaning given that term in section 11(aa) of the Atom- ic Energy Act of 1954 (42 U.S.C. 2014(aa)). (Added Pub. L. 109–177, title III, § 305(a), Mar. 9, 2006, 120 Stat. 236.) Editorial Notes REFERENCES IN TEXT Section 831(f)(1), referred to in subsec. (c)(5), was re- designated section 831(g)(1) by Pub. L. 114–23, title VIII, § 812(d), June 2, 2015, 129 Stat. 312. § 2284. Transportation of terrorists (a) IN GENERAL.—Whoever knowingly and in- tentionally transports any terrorist aboard any vessel within the United States and on waters subject to the jurisdiction of the United States or any vessel outside the United States and on the high seas or having United States nation- ality, knowing that the transported person is a terrorist, shall be fined under this title or im- prisoned for any term of years or for life, or both. (b) DEFINED TERM.—In this section, the term ‘‘terrorist’’ means any person who intends to commit, or is avoiding apprehension after hav- ing committed, an offense listed under section 2332b(g)(5)(B). (Added Pub. L. 109–177, title III, § 305(a), Mar. 9, 2006, 120 Stat. 237.) § 2285. Operation of submersible vessel or semi- submersible vessel without nationality (a) OFFENSE.—Whoever knowingly operates, or attempts or conspires to operate, by any means, or embarks in any submersible vessel or semi- submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lat- eral limit of that country’s territorial sea with an adjacent country, with the intent to evade detection, shall be fined under this title, impris- oned not more than 15 years, or both. (b) EVIDENCE OF INTENT TO EVADE DETEC- TION.—For purposes of subsection (a), the pres- ence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) of title 46 may be consid- ered, in the totality of the circumstances, to be prima facie evidence of intent to evade detec- tion. (c) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial Federal jurisdiction over an of- fense under this section, including an attempt or conspiracy to commit such an offense. (d) CLAIM OF NATIONALITY OR REGISTRY.—A claim of nationality or registry under this sec- tion includes only— (1) possession on board the vessel and pro- duction of documents evidencing the vessel’s nationality as provided in article 5 of the 1958 Convention on the High Seas; (2) flying its nation’s ensign or flag; or (3) a verbal claim of nationality or registry by the master or individual in charge of the vessel. (e) AFFIRMATIVE DEFENSES.— (1) IN GENERAL.—It is an affirmative defense to a prosecution for a violation of subsection Page 567 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2291 1 Editorially supplied. Section 2293 added by Pub. L. 109–177 without corresponding amendment of chapter analysis. 1 So in original. There probably should be an additional closing parenthesis. 2 See References in Text note below. (a), which the defendant has the burden to prove by a preponderance of the evidence, that the submersible vessel or semi-submersible vessel involved was, at the time of the of- fense— (A) a vessel of the United States or law- fully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law; (B) classed by and designed in accordance with the rules of a classification society; (C) lawfully operated in government-regu- lated or licensed activity, including com- merce, research, or exploration; or (D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identifica- tion and tracking system. (2) PRODUCTION OF DOCUMENTS.—The affirma- tive defenses provided by this subsection are proved conclusively by the production of— (A) government documents evidencing the vessel’s nationality at the time of the of- fense, as provided in article 5 of the 1958 Convention on the High Seas; (B) a certificate of classification issued by the vessel’s classification society upon com- pletion of relevant classification surveys and valid at the time of the offense; or (C) government documents evidencing li- censure, regulation, or registration for com- merce, research, or exploration. (f) FEDERAL ACTIVITIES EXCEPTED.—Nothing in this section applies to lawfully authorized ac- tivities carried out by or at the direction of the United States Government. (g) APPLICABILITY OF OTHER PROVISIONS.—Sec- tions 70504 and 70505 of title 46 apply to offenses under this section in the same manner as they apply to offenses under section 70503 of such title. (h) DEFINITIONS.—In this section, the terms ‘‘submersible vessel’’, ‘‘semi-submersible ves- sel’’, ‘‘vessel of the United States’’, and ‘‘vessel without nationality’’ have the meaning given those terms in section 70502 of title 46. (Added Pub. L. 110–407, title I, § 102(a), Oct. 13, 2008, 122 Stat. 4296.) Statutory Notes and Related Subsidiaries FINDINGS AND DECLARATIONS Pub. L. 110–407, title I, § 101, Oct. 13, 2008, 122 Stat. 4296, provided that: ‘‘Congress finds and declares that operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international prob- lem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the se- curity of the United States.’’ CHAPTER 111A—DESTRUCTION OF, OR IN- TERFERENCE WITH, VESSELS OR MARI- TIME FACILITIES Sec. 2290. Jurisdiction and scope. Sec. 2291. Destruction of vessel or maritime facility. 2292. Imparting or conveying false information. 2293. Bar to prosecution.1 § 2290. Jurisdiction and scope (a) JURISDICTION.—There is jurisdiction, in- cluding extraterritorial jurisdiction, over an of- fense under this chapter if the prohibited activ- ity takes place— (1) within the United States and within wa- ters subject to the jurisdiction of the United States; or (2) outside United States and— (A) an offender or a victim is a national of the United States (as that term is defined under section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 1 (B) the activity involves a vessel in which a national of the United States was on board; or (C) the activity involves a vessel of the United States (as that term is defined under section 2 2 of the Maritime Drug Law En- forcement Act (46 U.S.C. App. 1903).1 (b) SCOPE.—Nothing in this chapter shall apply to otherwise lawful activities carried out by or at the direction of the United States Govern- ment. (Added Pub. L. 109–177, title III, § 306(a), Mar. 9, 2006, 120 Stat. 237.) Editorial Notes REFERENCES IN TEXT Section 2 of the Maritime Drug Law Enforcement Act, referred to in subsec. (a)(2)(C), probably means sec- tion 3 of the Maritime Drug Law Enforcement Act, Pub. L. 96–350, which was classified to section 1903 of former Title 46, Appendix, Shipping, and was repealed and restated in sections 70502 to 70506 of Title 46, Ship- ping, by Pub. L. 109–304, §§ 10(2), 19, Oct. 6, 2006, 120 Stat. 1683, 1710. Section 70502(b) of Title 46 defines ‘‘vessel of the United States’’. § 2291. Destruction of vessel or maritime facility (a) OFFENSE.—Whoever knowingly— (1) sets fire to, damages, destroys, disables, or wrecks any vessel; (2) places or causes to be placed a destruc- tive device, as defined in section 921(a)(4), de- structive substance, as defined in section 31(a)(3), or an explosive, as defined in section 844(j) in, upon, or near, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any vessel, or any part or other materials used or intended to be used in connection with the operation of a ves- sel; (3) sets fire to, damages, destroys, or dis- ables or places a destructive device or sub- stance in, upon, or near, any maritime facil- ity, including any aid to navigation, lock, canal, or vessel traffic service facility or equipment; (4) interferes by force or violence with the operation of any maritime facility, including