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Criminal Law: US Code, Part II
Nota: Rule significa "Federal Rules for Criminal Procedure".
Estas varian de acuerdo a cada Estado.
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 9 - BANKRUPTCY
Section 151. Definition
Section 152. Concealment Of Assets; False Oaths And Claims; Bribery
Section 153. Embezzlement Against Estate
Section 154. Adverse Interest And Conduct Of Officers
Section 155. Fee Agreements In Cases Under Title 11 And Receiverships
Section 156. Knowing Disregard Of Bankruptcy Law Or Rule
Section 157. Bankruptcy Fraud
CHAPTER 75 - PASSPORTS AND VISAS
Section 151. Definition
As used in this chapter, the term ''debtor'' means a debtor
concerning whom a petition has been filed under title 11.
Section 157. Bankruptcy fraud
A person who, having devised or intending to devise a scheme or artifice
to defraud and for the purpose of executing or concealing such a scheme
or artifice or attempting to do so -
(1) files a petition under title 11;
(2) files a document in a proceeding under title 11; or
(3) makes a false or fraudulent representation, claim, or
promise concerning or in relation to a proceeding under title 11, at any
time before or after the filing of the petition, or in relation to a proceeding
falsely asserted to be pending under such title, shall be fined under
this title, imprisoned not more than 5 years, or both.
Chapter 11A. Child Support
Section 228. Failure to pay legal child support
obligations
(a) Offense. - Any person who -
(1) willfully fails to pay a support obligation with respect to a child
who resides in another State, if such obligation has remained unpaid for
a period longer than 1 year, or is greater than $5,000;
(2) travels in interstate or foreign commerce with the intent to evade
a support obligation, if such obligation has remained unpaid for a period
longer than 1 year, or is greater than $5,000; or
(3) willfully fails to pay a support obligation with respect to a child
who resides in another State, if such obligation has remained unpaid for
a period longer than 2 years, or is greater than $10,000;
shall be punished as provided in subsection (c).
(b) Presumption. - The existence of a support obligation that was in effect
for the time period charged in the indictment or information creates a
rebuttable presumption that the obligor hasthe ability to pay the support
obligation for that time period.
(c) Punishment. - The punishment for an offense under this section is
-
(1) in the case of a first offense under subsection (a)(1), a fine under
this title, imprisonment for not more than 6 months, or both; and
(2) in the case of an offense under paragraph (2) or (3) of subsection
(a), or a second or subsequent offense under subsection (a)(1), a fine
under this title, imprisonment for not more than 2 years, or both.
(d) Mandatory Restitution. - Upon a conviction under this section, the
court shall order restitution under section 3663A in an amount equal to
the total unpaid support obligation as it exists at the time of sentencing.
(e) Venue. - With respect to an offense under this section, an action
may be inquired of and prosecuted in a district court of the United States
for -
(1) the district in which the child who is the subject of the support
obligation involved resided during a period during which a person described
in subsection (a) (referred to in this subsection as an ''obliger'') ailed
to meet that support obligation;
(2) the district in which the obliger resided during a period described
in paragraph (1); or
(3) any other district with jurisdiction otherwise provided for by law.
(f) Definitions. - As used in this section -
(1) the term ''Indian tribe'' has the meaning given that term in section
102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
479a);
(2) the term ''State'' includes any State of the United States, the District
of Columbia, and any commonwealth, territory, or possession of the United
States; and
(3) the term ''support obligation'' means any amount determined under
a court order or an order of an administrative process pursuant to the
law of a State or of an Indian tribe to be due from a person for the support
and maintenance of a child or of a child and the parent with whom the
child is living.
CHAPTER 23 - CONTRACTS
Section 431. Contracts By Member Of Congress
Section 432. Officer Or Employee Contracting With Member Of Congress
Section 431. Contracts by Member of Congress
Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner,
either before or after he has qualified, directly or indirectly, himself,
or by any other person in trust for him, or for his use or benefit, or
on his account, undertakes, executes, holds, or enjoys, in whole or in
part, any contract or agreement, made or entered into in behalf of the
United States or any agency thereof, by any officer or person authorized
to make contracts on its behalf, shall be fined under this title.
All contracts or agreements made in violation of this section shall be
void; and whenever any sum of money is advanced by the United States or
any agency thereof, in consideration of any such contract or agreement,
it shall forthwith be repaid; and in case of failure or refusal to repay
the same when demanded by the proper officer of the department or agency
under whose authority such contract or agreement shall have been made
or entered into, suit shall at once be brought against the person so failing
or refusing and his sureties for the recovery of the money so advanced.
Section 432. Officer or employee contracting
with Member of Congress
Whoever, being an officer or employee of the United States, on behalf
of the United States or any agency thereof, directly or indirectly makes
or enters into any contract, bargain, or agreement, with any Member of
or Delegate to Congress, or any Resident Commissioner, either before or
after he has qualified, shall be fined under this title.
CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION
AND STORAGE OF EXPLOSIVE MATERIALS
Section 841. Definitions
Section 842. Unlawful Acts
Section 843. Licenses And User Permits
Section 844. Penalties
Section 845. Exceptions; Relief From Disabilities
Section 846. Additional Powers Of The Secretary
Section 847. Rules And Regulations
Section 848. Effect On State Law
Section 841. Definitions
As used in this chapter -
(a) ''Person'' means any individual, corporation, company, association,
firm, partnership, society, or joint stock company.
(b) ''Interstate'' or foreign commerce means commerce between any place
in a State and any place outside of that State, or within any possession
of the United States (not including the Canal Zone) or the District of
Columbia, and commerce between places within the same State but through
any place outside of
that State. ''State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, and the possessions of the United States (not including
the Canal Zone).
(c) ''Explosive materials'' means explosives, blasting agents, and detonators.
(d) Except for the purposes of subsections (d), (e), (f), (g), (h), (i),
and (j) of section 844 of this title, ''explosives'' means any chemical
compound mixture, or device, the primary or common purpose of which is
to function by explosion; the term includes, but is not limited to, dynamite
and other high explosives, black powder, pellet powder, initiating explosives,
detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters.
The Secretary shall publish and revise at least annually in the Federal
Register a list of these and any additional explosives which he determines
to be within the coverage of this chapter. For the purposes of subsections
(d), (e), (f), (g), (h), and (i) of section 844 of this title, the
term ''explosive'' is defined in subsection (j) of such section 844.
(e) ''Blasting agent'' means any material or mixture, consisting of fuel
and oxidizer, intended for blasting, not otherwise defined as an explosive:
Provided, That the finished product, as mixed for use or shipment, cannot
be detonated by means of a numbered 8 test blasting cap when unconfined.
(f) ''Detonator'' means any device containing a detonating charge that
is used for initiating detonation in an explosive; the term includes,
but is not limited to, electric blasting caps of instantaneous and delay
types, blasting caps for use with safety fuses and detonating-cord delay
connectors.
(g) ''Importer'' means any person engaged in the business of importing
or bringing explosive materials into the United States for purposes of
sale or distribution.
(h) ''Manufacturer'' means any person engaged in the business of manufacturing
explosive materials for purposes of sale or distribution or for his own
use.
(i) ''Dealer'' means any person engaged in the business of distributing
explosive materials at wholesale or retail.
(j) ''Permittee'' means any user of explosives for a lawful purpose, who
has obtained a user permit under the provisions of this chapter.
(k) ''Secretary'' means the Secretary of the Treasury or his delegate.
(l) ''Crime punishable by imprisonment for a term exceeding one year''
shall not mean (1) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other similar
offenses relating to the regulation of business practices as the Secretary
may by regulation designate, or (2) any State offense (other than one
involving a firearm or explosive) classified by the laws of the State
as a misdemeanor and punishable by a term of imprisonment of two years
or less.
(m) ''Licensee'' means any importer, manufacturer, or dealer licensed
under the provisions of this chapter.
(n) ''Distribute'' means sell, issue, give, transfer, or otherwise dispose
of.
(o) ''Convention on the Marking of Plastic Explosives'' means the Convention
on the Marking of Plastic Explosives for the Purpose of Detection, Done
at Montreal on 1 March 1991.
(p) ''Detection agent'' means any one of the substances specified in this
subsection when introduced into a plastic explosive or formulated in such
explosive as a part of the manufacturing process in such a manner as to
achieve homogeneous distribution in the finished explosive, including
-
(1) Ethylene glycol dinitrate (EGDN), C (INFERIOR 2)H (INFERIOR 4)(NO
(INFERIOR 3)) (INFERIOR 2), molecular weight 152, when the minimum concentration
in the finished explosive is 0.2 percent by mass;
(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C (INFERIOR 6)H (INFERIOR
12)(NO (INFERIOR 2)) (INFERIOR 2), molecular weight
176, when the minimum concentration in the finished explosive
is 0.1 percent by mass;
(3) Para-Mononitrotoluene (p-MNT), C (INFERIOR 7)H (INFERIOR 7)NO (INFERIOR
2), molecular weight 137, when the minimum concentration in the finished
explosive is 0.5 percent by mass;
(4) Ortho-Mononitrotoluene (o-MNT), C (INFERIOR 7)H (INFERIOR 7)NO (INFERIOR
2), molecular weight 137, when the minimum concentration in the finished
explosive is 0.5 percent by mass; and
(5) any other substance in the concentration specified by the Secretary,
after consultation with the Secretary of State and the Secretary of Defense,
that has been added to the table in part 2 of the Technical Annex to the
Convention on the Marking of Plastic Explosives.
(q) ''Plastic explosive'' means an explosive material in flexible or elastic
sheet form formulated with one or more high explosives which in their
pure form has a vapor pressure less than 10- (FOOTNOTE 4) Pa at a temperature
of 25 ( degrees) C., is formulated with a binder material, and is as a
mixture malleable or flexible at normal room temperature.
Section 842. Unlawful acts
(a) It shall be unlawful for any person -
(1) to engage in the business of importing, manufacturing, or dealing
in explosive materials without a license issued under this chapter;
(2) knowingly to withhold information or to make any false or fictitious
oral or written statement or to furnish or exhibit any false, fictitious,
or misrepresented identification, intended or likely to deceive for the
purpose of obtaining explosive materials, or a license, permit, exemption,
or relief from disability under the provisions of this chapter; and
(3) other than a licensee or permittee knowingly -
(A) to transport, ship, cause to be transported, or receive in interstate
or foreign commerce any explosive materials, except that a person who
lawfully purchases explosive materials from a licensee in a State contiguous
to the State in which the purchaser resides may ship, transport, or cause
to be transported such explosive materials to the State in which he
resides and may receive such explosive materials in the State in which
he resides, if such transportation, shipment, or receipt is permitted
by the law of the State in which he resides; or
(B) to distribute explosive materials to any person (other
than a licensee or permittee) who the distributor knows or has
reasonable cause to believe does not reside in the State in
which the distributor resides.
(b) It shall be unlawful for any licensee knowingly to distribute any
explosive materials to any person except -
(1) a licensee;
(2) a permittee; or
(3) a resident of the State where distribution is made and in which the
licensee is licensed to do business or a State contiguous thereto if permitted
by the law of the State of the purchaser's residence.
(c) It shall be unlawful for any licensee to distribute explosive materials
to any person who the licensee has reason to believe intends to transport
such explosive materials into a State where the purchase, possession,
or use of explosive materials is prohibited or which does not permit its
residents to transport or ship explosive materials into it or to receive
explosive materials in it.
(d) It shall be unlawful for any person knowingly to distribute explosive
materials to any individual who:
(1) is under twenty-one years of age;
(2) has been convicted in any court of a crime punishable by imprisonment
for a term exceeding one year;
(3) is under indictment for a crime punishable by imprisonment for a term
exceeding one year;
(4) is a fugitive from justice;
(5) is an unlawful user of or addicted to any controlled substance (as
defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
or
(6) has been adjudicated a mental defective.
(e) It shall be unlawful for any licensee knowingly to distribute any
explosive materials to any person in any State where the purchase, possession,
or use by such person of such explosive materials would be in violation
of any State law or any published ordinance applicable at the place of
distribution.
(f) It shall be unlawful for any licensee or permittee willfully to manufacture,
import, purchase, distribute, or receive explosive materials without making
such records as the Secretary may by regulation require, including, but
not limited to, a statement of intended use, the name, date, place of
birth, social security number or taxpayer identification number, and place
of residence of any natural person to whom explosive materials are distributed.
If explosive materials are distributed to a corporation or other business
entity, such records shall include the identity and principal and local
places of business and the name, date, place of birth, and place of residence
of the natural person acting as agent of the corporation or other business
entity in arranging the distribution.
(g) It shall be unlawful for any licensee or permittee knowingly to make
any false entry in any record which he is required to keep pursuant to
this section or regulations promulgated under section 847 of this title.
(h) It shall be unlawful for any person to receive, possess, transport,
ship, conceal, store, barter, sell, dispose of, or pledge or accept as
security for a loan, any stolen explosive materials which are moving as,
which are part of, which constitute, or which have been shipped or transported
in, interstate or foreign commerce, either before or after such materials
were stolen, knowing or having reasonable cause to believe that the explosive
materials were stolen.
(i) It shall be unlawful for any person -
(1) who is under indictment for, or who has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance
(as defined in section 102 of the Controlled Substances Act (21 U.S.C.
802)); or
(4) who has been adjudicated as a mental defective or who has been committed
to a mental institution; to ship or transport any explosive in interstate
or foreign commerce or to receive or possess any explosive which has been
shipped or transported in interstate or foreign commerce.
(j) It shall be unlawful for any person to store any explosive material
in a manner not in conformity with regulations promulgated by the Secretary.
In promulgating such regulations, the Secretary shall take into consideration
the class, type, and quantity of explosive materials to be stored, as
well as the standards of safety and security recognized in the explosives
industry.
(k) It shall be unlawful for any person who has knowledge of the theft
or loss of any explosive materials from his stock, to fail to report such
theft or loss within twenty-four hours of discovery thereof, to the Secretary
and to appropriate local authorities.
(l) It shall be unlawful for any person to manufacture any plastic explosive
that does not contain a detection agent.
(m)(1) It shall be unlawful for any person to import or bring into the
United States, or export from the United States, any plastic explosive
that does not contain a detection agent.
(2) This subsection does not apply to the importation or bringing into
the United States, or the exportation from the United States, of any plastic
explosive that was imported or brought into, or manufactured in the United
States prior to the date of enactment of this subsection by or on behalf
of any agency of the United States performing military or police functions
(including any military reserve component) or by or on behalf of the National
Guard of any State, not later than 15 years after the date of entry into
force of the Convention on the Marking of Plastic Explosives, with respect
to the United States.
(n)(1) It shall be unlawful for any person to ship, transport, transfer,
receive, or possess any plastic explosive that does not contain a detection
agent.
(2) This subsection does not apply to -
(A) the shipment, transportation, transfer, receipt, or possession of
any plastic explosive that was imported or brought into, or manufactured
in the United States prior to the date of enactment of this subsection
by any person during the period beginning on that date and ending 3 years
after that date of enactment; or
(B) the shipment, transportation, transfer, receipt, or possession of
any plastic explosive that was imported or brought into, or manufactured
in the United States prior to the date of enactment of this subsection
by or on behalf of any agency of the United States performing a military
or police function (including any military reserve component) or by or
on behalf of the National Guard of any State, not later than 15 years
after the
date of entry into force of the Convention on the Marking of Plastic Explosives,
with respect to the United States.
(o) It shall be unlawful for any person, other than an agency of the
United States (including any military reserve component) or the National
Guard of any State, possessing any plastic explosive on the date of enactment
of this subsection, to fail to report to the Secretary within 120 days
after such date of enactment the quantity of such explosives possessed,
the manufacturer or importer, any marks of identification on such explosives,
and such other information as the Secretary may prescribe by regulation.
(p) Distribution of Information Relating to Explosives, Destructive Devices,
and Weapons of Mass Destruction.
(1) Definitions. - In this subsection -
(A) the term ''destructive device'' has the same meaning as in section
921(a)(4);
(B) the term ''explosive'' has the same meaning as in section 844(j);
and
(C) the term ''weapon of mass destruction'' has the same meaning as in
section 2332a(c)(2).
(2) Prohibition. - It shall be unlawful for any person
(A) to teach or demonstrate the making or use of an explosive, a destructive
device, or a weapon of mass destruction, or to distribute by any means
information pertaining to, in whole or in part, the manufacture or use
of an explosive, destructive device, or weapon of mass destruction, with
the intent that the teaching, demonstration, or information be used for,
or in furtherance of, an activity that constitutes a Federal crime of
violence; or
(B) to teach or demonstrate to any person the making or use
of an explosive, a destructive device, or a weapon of mass destruction,
or to distribute to any person, by any means, information pertaining to,
in whole or in part, the manufacture or use of an explosive, destructive
device, or weapon of mass destruction, knowing that such person intends
to use the teaching, demonstration, or information for, or in furtherance
of, an activity that constitutes a Federal crime of violence.
Section 843. Licenses and user permits
(a) An application for a user permit or a license to import, manufacture,
or deal in explosive materials shall be in such form and contain such
information as the Secretary shall by regulation prescribe. Each applicant
for a license or permit shall pay a fee to be charged as set by the Secretary,
said fee not to exceed $200 for each license or permit. Each license or
permit shall be valid for no longer than three years from date of issuance
and shall be renewable upon the same conditions and subject to the same
restrictions as the original license or permit and upon payent of
a renewal fee not to exceed one-half of the original fee.
(b) Upon the filing of a proper application and payment of the prescribed
fee, and subject to the provisions of this chapter and other applicable
laws, the Secretary shall issue to such applicant the appropriate license
or permit if -
(1) the applicant (including in the case of a corporation, partnership,
or association, any individual possessing, directly or indirectly, the
power to direct or cause the direction of the management and policies
of the corporation, partnership, or association) is not a person to whom
the distribution of explosive materials would be unlawful under section
842(d) of this chapter;
(2) the applicant has not willfully violated any of the provisions of
this chapter or regulations issued hereunder;
(3) the applicant has in a State premises from which he conducts or intends
to conduct business;
(4) the applicant has a place of storage for explosive materials which
meets such standards of public safety and security against theft as the
Secretary by regulations shall prescribe; and
(5) the applicant has demonstrated and certified in writing that he is
familiar with all published State laws and local ordinances relating to
explosive materials for the location in which he intends to do business.
(c) The Secretary shall approve or deny an application within a period
of forty-five days beginning on the date such application is received
by the Secretary.
(d) The Secretary may revoke any license or permit issued under this section
if in the opinion of the Secretary the holder thereof has violated any
provision of this chapter or any rule or regulation prescribed by the
Secretary under this chapter, or has become ineligible to acquire explosive
materials under section 842(d). The Secretary's action under this subsection
may be reviewed only as provided in subsection (e)(2) of this section.
(e)(1) Any person whose application is denied or whose license or permit
is revoked shall receive a written notice from the Secretary stating the
specific grounds upon which such denial or revocation is based. Any notice
of a revocation of a license or permit shall be given to the holder of
such license or permit prior to or concurrently with the effective date
of the revocation.
(2) If the Secretary denies an application for, or revokes a license,
or permit, he shall, upon request by the aggrieved party, promptly hold
a hearing to review his denial or revocation. In the case of a revocation,
the Secretary may upon a request of the holder stay the effective date
of the revocation. A hearing under this section shall be at a location
convenient to the aggrieved party. The Secretary shall give written notice
of his decision to the aggrieved party within a reasonable time after
the hearing.
The aggrieved party may, within sixty days after receipt of the Secretary's
written decision, file a petition with the United States court of appeals
for the district in which he resides or has his principal place of business
for a judicial review of such denial or revocation, pursuant to sections
701-706 of title 5, United States Code.
(f) Licensees and permittees shall make available for inspection at all
reasonable times their records kept pursuant to this chapter or the regulations
issued hereunder, and shall submit to the Secretary such reports and information
with respect to such records and the contents thereof as he shall by regulations
prescribe. The Secretary may enter during business hours the premises
(including places of storage) of any licensee or permittee, for the purpose
of inspecting or examining (1) any records or documents required to be
kept by such licensee or permittee, under the provisions of this chapter
or regulations issued hereunder, and (2) any explosive materials kept
or stored by such licensee or permittee at such premises. Upon the request
of any State or any political subdivision thereof, the Secretary may make
available to such State or any political subdivision thereof, any information
which he may obtain by reason of the provisions of this chapter with respect
to the identification of persons within such State or political subdivision
thereof, who have purchased or received explosive materials, together
with a description of such explosive materials.
(g) Licenses and permits issued under the provisions of subsection (b)
of this section shall be kept posted and kept available for inspection
on the premises covered by the license and permit.
Section 844. Penalties
(a) Any person who -
(1) violates any of subsections (a) through (i) or (l) through (o) of
section 842 shall be fined under this title, imprisoned for not more than
10 years, or both; and
(2) violates subsection (p)(2) of section 842, shall be fined under this
title, imprisoned not more than 20 years, or both.
(b) Any person who violates any other provision of section 842 of this
chapter shall be fined under this title or imprisoned not more than one
year, or both.
(c)(1) Any explosive materials involved or used or intended to be used
in any violation of the provisions of this chapter or any other rule or
regulation promulgated thereunder or any violation of any criminal law
of the United States shall be subject to seizure and forfeiture, and all
provisions of the Internal Revenue Code of 1986 relating to the seizure,
forfeiture, and disposition of firearms, as defined in section 5845(a)
of that Code, shall, so far as applicable, extend to seizures and forfeitures
under the provisions of this chapter.
(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive
materials for any offense for which the materials would be subject to
forfeiture in which it would be impracticable or unsafe to remove the
materials to a place of storage or would be unsafe to store them, the
seizing officer may destroy the explosive materials forthwith. Any destruction
under this paragraph shall be in the presence of at least 1 credible witness.
The seizing officer shall make a report of the seizure and take samples
as the Secretary may by regulation prescribe.
(3) Within 60 days after any destruction made pursuant to paragraph (2),
the owner of (including any person having an interest in) the property
so destroyed may make application to the Secretary for reimbursement of
the value of the property. If the claimant establishes to the satisfaction
of the Secretary that -
(A) the property has not been used or involved in a violation of law;
or
(B) any unlawful involvement or use of the property was without the claimant's
knowledge, consent, or willful blindness, the Secretary shall make an
allowance to the claimant not exceeding the value of the property destroyed.
(d) Whoever transports or receives, or attempts to transport or receive,
in interstate or foreign commerce any explosive with the knowledge or
intent that it will be used to kill, injure, or intimidate any individual
or unlawfully to damage or destroy any building, vehicle, or other real
or personal property, shall be imprisoned for not more than ten years,
or fined under this title, or both; and if personal injury results to
any person, including
any public safety officer performing duties as a direct or proximate result
of conduct prohibited by this subsection, shall be imprisoned for not
more than twenty years or fined under this title, or both; and if death
results to any person, including any public safety officer performing
duties as a direct or proximate result of conduct prohibited by this subsection,
shall be subject to imprisonment for any term of years, or to the death
penalty or
to life imprisonment.
(e) Whoever, through the use of the mail, telephone, telegraph, or other
instrument of interstate or foreign commerce, or in or affecting interstate
or foreign commerce, willfully makes any threat, or maliciously conveys
false information knowing the same to be false, concerning an attempt
or alleged attempt being made, or to be made, to kill, injure, or intimidate
any individual or unlawfully to damage or destroy any building, vehicle,
or other
real or personal property by means of fire or an explosive shall be
imprisoned for not more than 10 years or fined under this title, or both.
(f)(1) Whoever maliciously damages or destroys, or attempts to damage
or destroy, by means of fire or an explosive, any building, vehicle, or
other personal or real property in whole or in part owned or possessed
by, or leased to, the United States, or any department or agency thereof,
shall be imprisoned for not less than 5 years and not more than 20 years,
fined under this title, or both.
(2) Whoever engages in conduct prohibited by this subsection, and as a
result of such conduct, directly or proximately causes personal injury
or creates a substantial risk of injury to any person, including any public
safety officer performing duties, shall be imprisoned for not less than
7 years and not more than 40 years, fined under this title, or both.
(3) Whoever engages in conduct prohibited by this subsection, and as a
result of such conduct directly or proximately causes the death of any
person, including any public safety officer performing duties, shall be
subject to the death penalty, or imprisoned for not less than 20 years
or for life, fined under this title, or both.
(g)(1) Except as provided in paragraph (2), whoever possesses an explosive
in an airport that is subject to the regulatory authority of the Federal
Aviation Administration, or in any building in whole or in part owned,
possessed, or used by, or leased to, the United States or any department
or agency thereof, except with the written consent of the agency, department,
or other person responsible for the management of such building or airport,
shall be imprisoned for not more than five years, or fined under this
title, or both.
(2) The provisions of this subsection shall not be applicable to
-
(A) the possession of ammunition (as that term is defined in regulations
issued pursuant to this chapter) in an airport that is subject to the
regulatory authority of the Federal Aviation Administration if such ammunition
is either in checked baggage or in a closed container; or
(B) the possession of an explosive in an airport if the packaging and
transportation of such explosive is exempt from, or subject to and in
accordance with, regulations of the Research and Special Projects Administration
for the handling of hazardous materials pursuant to chapter 51 of title
49.
(h) Whoever (1) uses fire or an explosive to commit any felony which
may be prosecuted in a court of the United States, or
(2) carries an explosive during the commission of any felony which may
be prosecuted in a court of the United States, including a felony which
provides for an enhanced punishment if committed by the use of a deadly
or dangerous weapon or device shall, in addition to the punishment provided
for such felony, be sentenced to imprisonment for 10 years. In the case
of a second or subsequent conviction under this subsection, such person
shall be sentenced to imprisonment for 20 years. Notwithstanding any other
provision of law, the court shall not place on probation or supend
the sentence of any person convicted of a violation of this subsection,
nor shall the term of imprisonment imposed under this subsection run concurrently
with any other term of imprisonment including that imposed for the felony
in which the explosive was used or carried.
(i) Whoever maliciously damages or destroys, or attempts to damage or
destroy, by means of fire or an explosive, any building, vehicle, or other
real or personal property used in interstate or foreign commerce or in
any activity affecting interstate or foreign commerce shall be imprisoned
for not less than 5 years and not more than 20 years, fined under this
title, or both; and if personal injury results to any person, including
any public safety officer performing duties as a direct or proximate result
of conduct
prohibited by this subsection, shall be imprisoned for not less than 7
years and not more than 40 years, fined under this title, or both; and
if death results to any person, including any public safety officer performing
duties as a direct or proximate result of conduct prohibited by this subsection,
shall also be subject to imprisonment for any term of years, or to the
death penalty or to life imprisonment.
(j) For the purposes of subsections (d), (e), (f), (g), (h), and
(i) of this section and section 842(p), the term ''explosive'' means gunpowders,
powders used for blasting, all forms of high explosives, blasting materials,
fuzes (other than electric circuit breakers), detonators, and other detonating
agents, smokeless powders, other explosive or incendiary devices within
the meaning of paragraph
(5) of section 232 of this title, and any chemical compounds, mechanical
mixture, or device that contains any oxidizing and combustible units,
or other ingredients, in such proportions, quantities, or packing that
ignition by fire, by friction, by concussion, by percussion, or by detonation
of the
compound, mixture, or device or any part there of may cause an
explosion.
(k) A person who steals any explosives materials which are moving as,
or are a part of, or which have moved in, interstate or foreign commerce
shall be imprisoned for not more than 10 years, fined under this title,
or both.
(l) A person who steals any explosive material from a licensed importer,
licensed manufacturer, or licensed dealer, or from any permittee shall
be fined under this title, imprisoned not more than 10 years, or both.
(m) A person who conspires to commit an offense under subsection (h) shall
be imprisoned for any term of years not exceeding 20, fined under this
title, or both.
(n) Except as otherwise provided in this section, a person who conspires
to commit any offense defined in this chapter shall be subject to the
same penalties (other than the penalty of death) as the penalties prescribed
for the offense the commission of which was the object of the conspiracy.
(o) Whoever knowingly transfers any explosive materials, knowing or having
reasonable cause to believe that such explosive materials will be used
to commit a crime of violence (as defined in section 924(c)(3)) or drug
trafficking crime (as defined in section 924(c)(2)) shall be subject to
the same penalties as may be imposed under subsection (h) for a first
conviction for the use or carrying of an explosive material.
Section 847. Rules and regulations
The administration of this chapter shall be vested in the Secretary.
The Secretary may prescribe such rules and regulations as he deems reasonably
necessary to carry out the provisions of this chapter. The Secretary shall
give reasonable public notice, and afford to interested parties opportunity
for hearing, prior to prescribing such rules and regulations.
Section 848. Effect on State law
No provision of this chapter shall be construed as indicating an intent
on the part of the Congress to occupy the field in which such provision
operates to the exclusion of the law of any State on the same subject
matter, unless there is a direct and positive conflict between such provision
and the law of the State so that the two cannot be reconciled or consistently
stand together
CHAPTER 75 - PASSPORTS AND VISAS
Section 1541. Issuance Without Authority
Section 1542. False Statement In Application And
Use Of Passport
Section 1543. Forgery Or False Use Of Passport
Section 1544. Misuse Of Passport
Section 1545. Safe Conduct Violation
Section 1546. Fraud And Misuse Of Visas, Permits, And Other Documents
Section 1547. Alternative Imprisonment Maximum For Certain Offenses
Section 1542. False statement in application
and use of passport
Whoever willfully and knowingly makes any false statement in an application
for passport with intent to induce or secure the issuance of a passport
under the authority of the United States, either for his own use or the
use of another, contrary to the laws regulating the issuance of passports
or the rules prescribed pursuant to such laws; or Whoever willfully and
knowingly uses or attempts to use, or furnishe to another for use any
passport the issue of which was secured in any way by reason of any false
statement - Shall be fined under this title, imprisoned not more than
25 years (if the offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20 years (if the
offense was committed to facilitate a drug trafficking crime (as defined
in section 929(a) of this title)), 10 years (in the case of the first
or second such offense, if the offense was not committed to facility (FOOTNOTE
1) such an act of international terrorism or a drug trafficking crime),
or 15
years (in the case of any other offense), or both. (FOOTNOTE 1) So in
original. Probably should be ''facilitate''
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