18 U.S.C. § 2332f — Bombings of places of public use, govern-

Page 594 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2332e 1 See References in Text note below. section [enacting this section] shall become effective 120 days after the date of enactment of this Act [Apr. 24, 1996].’’ § 2332e. Requests for military assistance to en- force prohibition in certain emergencies The Attorney General may request the Sec- retary of Defense to provide assistance under section 382 of title 10 1 in support of Department of Justice activities relating to the enforcement of section 2332a of this title during an emer- gency situation involving a weapon of mass de- struction. The authority to make such a request may be exercised by another official of the De- partment of Justice in accordance with section 382(f)(2) of title 10.1 (Added Pub. L. 104–201, title XIV, § 1416(c)(2)(A), Sept. 23, 1996, 110 Stat. 2723, § 2332d; renumbered § 2332e, Pub. L. 104–294, title VI, § 605(q), Oct. 11, 1996, 110 Stat. 3510; amended Pub. L. 107–56, title I, § 104, Oct. 26, 2001, 115 Stat. 277.) Editorial Notes REFERENCES IN TEXT Section 382 of title 10, referred to in text, was renum- bered section 282 of title 10, Armed Forces, by Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497. CODIFICATION Pub. L. 104–201, § 1416(c)(2)(A), which directed amend- ment of the chapter 133B of this title that relates to terrorism by adding this section, was executed by add- ing this section to this chapter to reflect the probable intent of Congress. This title does not contain a chap- ter 133B. AMENDMENTS 2001—Pub. L. 107–56 substituted ‘‘2332a of this title’’ for ‘‘2332c of this title’’ and struck out ‘‘chemical’’ be- fore ‘‘weapon of’’. 1996—Pub. L. 104–294 renumbered section 2332d of this title, relating to requests for military assistance to en- force prohibition in certain emergencies, as this sec- tion. § 2332f. Bombings of places of public use, govern- ment facilities, public transportation systems and infrastructure facilities (a) OFFENSES.— (1) IN GENERAL.—Whoever unlawfully deliv- ers, places, discharges, or detonates an explo- sive or other lethal device in, into, or against a place of public use, a state or government fa- cility, a public transportation system, or an infrastructure facility— (A) with the intent to cause death or seri- ous bodily injury, or (B) with the intent to cause extensive de- struction of such a place, facility, or system, where such destruction results in or is likely to result in major economic loss, shall be punished as prescribed in subsection (c). (2) ATTEMPTS AND CONSPIRACIES.—Whoever attempts or conspires to commit an offense under paragraph (1) shall be punished as pre- scribed in subsection (c). (b) JURISDICTION.—There is jurisdiction over the offenses in subsection (a) if— (1) the offense takes place in the United States and— (A) the offense is committed against an- other state or a government facility of such state, including its embassy or other diplo- matic or consular premises of that state; (B) the offense is committed in an attempt to compel another state or the United States to do or abstain from doing any act; (C) at the time the offense is committed, it is committed— (i) on board a vessel flying the flag of an- other state; (ii) on board an aircraft which is reg- istered under the laws of another state; or (iii) on board an aircraft which is oper- ated by the government of another state; (D) a perpetrator is found outside the United States; (E) a perpetrator is a national of another state or a stateless person; or (F) a victim is a national of another state or a stateless person; (2) the offense takes place outside the United States and— (A) a perpetrator is a national of the United States or is a stateless person whose habitual residence is in the United States; (B) a victim is a national of the United States; (C) a perpetrator is found in the United States; (D) the offense is committed in an attempt to compel the United States to do or abstain from doing any act; (E) the offense is committed against a state or government facility of the United States, including an embassy or other diplo- matic or consular premises of the United States; (F) the offense is committed on board a vessel flying the flag of the United States or an aircraft which is registered under the laws of the United States at the time the of- fense is committed; or (G) the offense is committed on board an aircraft which is operated by the United States. (c) PENALTIES.—Whoever violates this section shall be punished as provided under section 2332a(a) of this title. (d) EXEMPTIONS TO JURISDICTION.—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, (2) activities undertaken by military forces of a state in the exercise of their official du- ties; or (3) offenses committed within the United States, where the alleged offender and the vic- tims are United States citizens and the alleged offender is found in the United States, or where jurisdiction is predicated solely on the nationality of the victims or the alleged of- fender and the offense has no substantial ef- fect on interstate or foreign commerce. (e) DEFINITIONS.—As used in this section, the term— Page 595 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2332g 1 See References in Text note below. (1) ‘‘serious bodily injury’’ has the meaning given that term in section 1365(g)(3) of this title; 1 (2) ‘‘national of the United States’’ has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); (3) ‘‘state or government facility’’ includes any permanent or temporary facility or con- veyance that is used or occupied by represent- atives of a state, members of Government, the legislature or the judiciary or by officials or employees of a state or any other public au- thority or entity or by employees or officials of an intergovernmental organization in con- nection with their official duties; (4) ‘‘intergovernmental organization’’ in- cludes international organization (as defined in section 1116(b)(5) of this title); (5) ‘‘infrastructure facility’’ means any pub- licly or privately owned facility providing or distributing services for the benefit of the pub- lic, such as water, sewage, energy, fuel, or communications; (6) ‘‘place of public use’’ means those parts of any building, land, street, waterway, or other location that are accessible or open to members of the public, whether continuously, periodically, or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, enter- tainment, recreational, or similar place that is so accessible or open to the public; (7) ‘‘public transportation system’’ means all facilities, conveyances, and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of persons or cargo; (8) ‘‘explosive’’ has the meaning given in sec- tion 844(j) of this title insofar that it is de- signed, or has the capability, to cause death, serious bodily injury, or substantial material damage; (9) ‘‘other lethal device’’ means any weapon or device that is designed or has the capability to cause death, serious bodily injury, or sub- stantial damage to property through the re- lease, dissemination, or impact of toxic chemi- cals, biological agents, or toxins (as those terms are defined in section 178 of this title) or radiation or radioactive material; (10) ‘‘military forces of a state’’ means the armed forces of a state which are organized, trained, and equipped under its internal law for the primary purpose of national defense or security, and persons acting in support of those armed forces who are under their formal command, control, and responsibility; (11) ‘‘armed conflict’’ does not include inter- nal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; and (12) ‘‘state’’ has the same meaning as that term has under international law, and includes all political subdivisions thereof. (Added Pub. L. 107–197, title I, § 102(a), June 25, 2002, 116 Stat. 721.) Editorial Notes REFERENCES IN TEXT Section 1365(g)(3), referred to in subsec. (e)(1), was re- designated section 1365(h)(3) by Pub. L. 107–307, § 2(1), Dec. 2, 2002, 116 Stat. 2445. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–197, title I, § 103, June 25, 2002, 116 Stat. 724, provided that: ‘‘Section 102 [enacting this section and provisions set out as a note below] shall take effect on the date that the International Convention for the Suppression of Terrorist Bombings enters into force for the United States [July 26, 2002].’’ DISCLAIMER Pub. L. 107–197, title I, § 102(c), June 25, 2002, 116 Stat. 724, provided that: ‘‘Nothing contained in this section [enacting this section and provisions set out as a note above] is intended to affect the applicability of any other Federal or State law which might pertain to the underlying conduct.’’ § 2332g. Missile systems designed to destroy air- craft (a) UNLAWFUL CONDUCT.— (1) IN GENERAL.—Except as provided in para- graph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, re- ceive, possess, import, export, or use, or pos- sess and threaten to use— (A) an explosive or incendiary rocket or missile that is guided by any system de- signed to enable the rocket or missile to— (i) seek or proceed toward energy radi- ated or reflected from an aircraft or to- ward an image locating an aircraft; or (ii) otherwise direct or guide the rocket or missile to an aircraft; (B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or (C) any part or combination of parts de- signed or redesigned for use in assembling or fabricating a rocket, missile, or device de- scribed in subparagraph (A) or (B). (2) NONWEAPON.—Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon. (3) EXCLUDED CONDUCT.—This subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any depart- ment or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any de- partment or agency thereof or with a State or any department or agency thereof. (b) JURISDICTION.—Conduct prohibited by sub- section (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a na- tional of the United States while the national is outside the United States;