§2332f. Bombings of places of public use, government facilities, public transportation systems and infrastructure facilities

18 U.S.C. § 2332f

(a)

Offenses.—

(1)

In general.— Whoever unlawfully delivers, places, discharges, or detonates an explosive or other lethal device in, into, or against a place of public use, a state or government facility, a public transportation system, or an infrastructure facility—

(A)

with the intent to cause death or serious bodily injury, or

(B)

with the intent to cause extensive destruction 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 prescribed 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 another state or a government facility of such state, including its embassy or other diplomatic 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 another state;

(ii)

on board an aircraft which is registered under the laws of another state; or

(iii)

on board an aircraft which is operated 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 diplomatic 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 offense 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 duties; or

(3)

offenses committed within the United States, where the alleged offender and the victims 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 offender and the offense has no substantial effect on interstate or foreign commerce.

(e)

Definitions.— As used in this section, the term—

(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 conveyance that is used or occupied by representatives of a state, members of Government, the legislature or the judiciary or by officials or employees of a state or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties;

(4)

“intergovernmental organization” includes international organization (as defined in section 1116(b)(5) of this title);

(5)

“infrastructure facility” means any publicly or privately owned facility providing or distributing services for the benefit of the public, 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, entertainment, 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 section 844(j) of this title insofar that it is designed, 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 substantial damage to property through the release, dissemination, or impact of toxic chemicals, 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 internal 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.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(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 redesignated 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.”