18 U.S.C. § 2274 — Destruction or misuse of vessel by person

Page 557 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2274 2 So in original. Probably should be followed by a period. 2281a. Additional offenses against maritime fixed platforms. 2282A. Devices or dangerous substances in waters of the United States likely to destroy or dam- age ships or to interfere with maritime commerce. 2282B. Violence against aids to maritime navigation. 2283. Transportation of explosive, chemical, bio- logical, or radioactive or nuclear mate- rials.1 2284. Transportation of terrorists. 2285. Operation of submersible vessel or semi-sub- mersible vessel without nationality 2 Editorial Notes AMENDMENTS 2015—Pub. L. 114–23, title VIII, §§ 802(b), 804(b), June 2, 2015, 129 Stat. 307, 308, added items 2280a and 2281a. 2008—Pub. L. 110–407, title I, § 102(b), Oct. 13, 2008, 122 Stat. 4298, added item 2285. 2006—Pub. L. 109–177, title III, §§ 304(b)(2), 305(b), Mar. 9, 2006, 120 Stat. 235, 237, added items 2282B, 2283, and 2284. Pub. L. 109–177, title III, § 304(a)(2), Mar. 9, 2006, 120 Stat. 235, which directed amendment of table of sec- tions for this chapter by adding item 2282A after item 2282, was executed by adding item 2282A after item 2281 to reflect the probable intent of Congress, because there is no item 2282. 1994—Pub. L. 103–322, title VI, § 60019(b), Sept. 13, 1994, 108 Stat. 1979, added items 2280 and 2281. 1990—Pub. L. 101–647, title XXXV, § 3566, Nov. 29, 1990, 104 Stat. 4928, substituted ‘‘vessels’’ for ‘‘vessel’’ in item 2271. § 2271. Conspiracy to destroy vessels Whoever, on the high seas, or within the United States, willfully and corruptly conspires, combines, and confederates with any other per- son, such other person being either within or without the United States, to cast away or oth- erwise destroy any vessel, with intent to injure any person that may have underwritten or may thereafter underwrite any policy of insurance thereon or on goods on board thereof, or with in- tent to injure any person that has lent or ad- vanced, or may lend or advance, any money on such vessel on bottomry or respondentia; or Whoever, within the United States, builds, or fits out any vessel to be cast away or destroyed, with like intent— Shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 487 (Mar. 4, 1909, ch. 321, § 296, 35 Stat. 1146). Mandatory punishment provision was rephrased in the alternative. Reference to a person who ‘‘aids in building or fitting out any vessel’’ was omitted as unnecessary in view of section 2 making all aiders guilty as principal. Changes in phraseology were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in last par. § 2272. Destruction of vessel by owner Whoever, upon the high seas or on any other waters within the admiralty and maritime juris- diction of the United States, willfully and cor- ruptly casts away or otherwise destroys any ves- sel of which he is owner, in whole or in part, with intent to injure any person that may un- derwrite any policy of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall be imprisoned for life or for any term of years. (June 25, 1948, ch. 645, 62 Stat. 803.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 491 (Mar. 4, 1909, ch. 321, § 300, 35 Stat. 1147). § 2273. Destruction of vessel by nonowner Whoever, not being an owner, upon the high seas or on any other waters within the admi- ralty and maritime jurisdiction of the United States, willfully and corruptly casts away or otherwise destroys any vessel of the United States to which he belongs, or willfully at- tempts the destruction thereof, shall be impris- oned not more than ten years. (June 25, 1948, ch. 645, 62 Stat. 804.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 492 (Mar. 4, 1909, ch. 321, § 301, 35 Stat. 1147). Words ‘‘with intent to destroy the same, sets fire to any such vessel, or otherwise’’ following ‘‘willfully’’ and preceding ‘‘attempts’’ were omitted as surplusage. § 2274. Destruction or misuse of vessel by person in charge Whoever, being the owner, master or person in charge or command of any private vessel, for- eign or domestic, or a member of the crew or other person, within the territorial waters of the United States, willfully causes or permits the destruction or injury of such vessel or know- ingly permits said vessel to be used as a place of resort for any person conspiring with another or preparing to commit any offense against the United States, or any offense in violation of the treaties of the United States or of the obliga- tions of the United States under the law of na- tions, or to defraud the United States; or know- ingly permits such vessels to be used in viola- tion of the rights and obligations of the United States under the law of nations, shall be fined under this title or imprisoned not more than ten years, or both. In case such vessels are so used, with the knowledge of the owner or master or other per- son in charge or command thereof, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and for- feiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws. (June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 193 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title II, § 3, 40 Stat. 220; Mar. 28, 1940, ch. 72, § 3(b), 54 Stat. 79). Page 558 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2275 1 See References in Text note below. Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in first par. § 2275. Firing or tampering with vessels Whoever sets fire to any vessel of foreign reg- istry, or any vessel of American registry enti- tled to engage in commerce with foreign na- tions, or to any vessel of the United States, or to the cargo of the same, or tampers with the motive power of instrumentalities of navigation of such vessel, or places bombs or explosives in or upon such vessel, or does any other act to or upon such vessel while within the jurisdiction of the United States, or, if such vessel is of Amer- ican registry, while she is on the high sea, with intent to injure or endanger the safety of the vessel or of her cargo, or of persons on board, whether the injury or danger is so intended to take place within the jurisdiction of the United States, or after the vessel shall have departed therefrom and whoever attempts to do so shall be fined under this title or imprisoned not more than twenty years, or both. (June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 502 (June 15, 1917, ch. 30, title III, § 1, 40 Stat. 221). Words ‘‘as defined in section 501 of this title,’’ were omitted in view of section 9 of this title, defining vessel of the United States. Last sentence of said section 502, defining ‘‘United States’’, was incorporated in section 5 of this title. Provision prohibiting conspiracy was deleted as ade- quately covered by the general conspiracy statute, sec- tion 371 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 2276. Breaking and entering vessel Whoever, upon the high seas or on any other waters within the admiralty and maritime juris- diction of the United States, and out of the ju- risdiction of any particular State, breaks or en- ters any vessel with intent to commit any fel- ony, or maliciously cuts, spoils, or destroys any cordage, cable, buoys, buoy rope, head fast, or other fast, fixed to the anchor or moorings be- longing to any vessel, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 490 (Mar. 4, 1909, ch. 321, § 299, 35 Stat. 1147). Mandatory punishment provision was rephrased in the alternative. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2277. Explosives or dangerous weapons aboard vessels (a) Whoever brings, carries, or possesses any dangerous weapon, instrument, or device, or any dynamite, nitroglycerin, or other explosive arti- cle or compound on board of any vessel docu- mented under the laws of the United States, or any vessel purchased, requisitioned, chartered, or taken over by the United States pursuant to the provisions of Act June 6, 1941, ch. 174, 55 Stat. 242, as amended, without previously ob- taining the permission of the owner or the mas- ter of such vessel; or Whoever brings, carries, or possesses any such weapon or explosive on board of any vessel in the possession and under the control of the United States or which has been seized and for- feited by the United States or upon which a guard has been placed by the United States pur- suant to the provisions of section 191 1 of Title 50, without previously obtaining the permission of the captain of the port in which such vessel is located, shall be fined under this title or impris- oned not more than one year, or both. (b) This section shall not apply to the per- sonnel of the Armed Forces of the United States or to officers or employees of the United States or of a State or of a political subdivision there- of, while acting in the performance of their du- ties, who are authorized by law or by rules or regulations to own or possess any such weapon or explosive. (June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–304, § 17(d)(6), Oct. 6, 2006, 120 Stat. 1707.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 503, 504 (Dec. 31, 1941, ch. 642, §§ 1, 2, 55 Stat. 876). Section consolidates sections 503 and 504 of title 18, U.S.C., 1940 ed. Words ‘‘This section’’ were substituted in subsection (b) for the words ‘‘The provisions of sections 503, 504 of this title’’. Minor changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Act June 6, 1941, ch. 174, 55 Stat. 242, referred to in subsec. (a), expired July 1, 1953. Section 191 of Title 50, referred to in subsec. (a), was redesignated and transferred to section 70051 of Title 46, Shipping, by Pub. L. 115–282, title IV, § 407(b)(1), (5), Dec. 4, 2018, 132 Stat. 4267. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–304 substituted ‘‘docu- mented’’ for ‘‘registered, enrolled, or licensed’’. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in second par.