Chapter 39

Federal Crime Statutes
18 U.S. Code Part I
Chapter 39 — Explosives & Other Dangerous Articles

This chapter primarily addresses federal criminal laws concerning:

• The transportation and receipt of explosive materials.
• The regulation of explosive storage and use.
• Offenses related to possession, distribution, and use of destructive devices.
• Penalties for violations involving these materials when used in crimes or acts of terrorism.

Sections:

§ 831 — Prohibited transactions involving nuclear materials

(a) Whoever, if one of the circumstances described in subsection (c) of this section occurs—

1. without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes of, or disperses any nuclear material or nuclear byproduct material and—
   1. thereby knowingly causes the death of or serious bodily injury to any person or substantial damage to property or to the environment; or
   2. circumstances exist, or have been represented to the defendant to exist, that are likely to cause the death or serious bodily injury to any person, or substantial damage to property or to the environment;
2. with intent to deprive another of nuclear material or nuclear byproduct material, knowingly—
   1. takes and carries away nuclear material or nuclear byproduct material of another without authority;
   2. makes an unauthorized use, disposition, or transfer, of nuclear material or nuclear byproduct material belonging to another; or
   3. uses fraud and thereby obtains nuclear material or nuclear byproduct material belonging to another;
3. without lawful authority, intentionally carries, sends or moves nuclear material into or out of a country;
4. knowingly—
   1. uses force; or
   2. threatens or places another in fear that any person other than the actor will imminently be subject to bodily injury;

   and thereby takes nuclear material or nuclear byproduct material belonging to another from the person or presence of any other;

5. intentionally intimidates any person and thereby obtains nuclear material or nuclear byproduct material belonging to another;
6. with intent to compel any person, international organization, or governmental entity to do or refrain from doing any act, knowingly threatens to engage in conduct described in paragraph (2)(A) or (3) of this subsection;
7. knowingly threatens to use nuclear material or nuclear byproduct material to cause death or serious bodily injury to any person or substantial damage to property or to the environment under circumstances in which the threat may reasonably be understood as an expression of serious purposes;
8. attempts to commit any act prohibited under paragraphs (1) through (5) of this subsection;
9. is a party to a conspiracy of two or more persons to commit any act prohibited under paragraphs (1) through (7) of this subsection, if any of the parties intentionally engages in any conduct in furtherance of such offense;

shall be punished as provided in subsection (b) of this section.

(b) The punishment for an offense under—

1. paragraphs (1) through (8) of subsection (a) of this section is—
   1. a fine under this title; and
   2. imprisonment—
      1. for any term of years or for life (I) if, while committing the offense, the offender knowingly causes the death of any person; or (II) if, while committing an offense under paragraph (1) or (3) of subsection (a) of this section, the offender, under circumstances manifesting extreme indifference to the life of an individual, knowingly engages in any conduct and thereby recklessly causes the death of or serious bodily injury to any person;
      2. for not more than 20 years in any other case;
2. paragraph (9) of subsection (a) of this section is—
   1. a fine under this title; and
   2. imprisonment—
      1. for not more than 20 years if the offense which is the object of the conspiracy is punishable under paragraph (1)(B)(i); and
      2. for not more than 10 years in any other case;

§ 832 — Participation in nuclear and weapons of mass destruction threats to the United States

(a) Whoever, within the United States or subject to the jurisdiction of the United States, willfully participates in or knowingly provides material support or resources (as defined in section 2339A) to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.

(b) There is extraterritorial Federal jurisdiction over an offense under this section.

(c) Whoever without lawful authority develops, possesses, or attempts or conspires to develop or possess a radiological weapon, or threatens to use or uses a radiological weapon against any person within the United States, or a national of the United States while such national is outside of the United States or against any property that is owned, leased, funded, or used by the United States, whether that property is within or outside of the United States, shall be imprisoned for any term of years or for life.

(d) As used in this section—

1. “nuclear weapons program” means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons;
2. “weapons of mass destruction program” means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));
3. “foreign terrorist power” means a terrorist organization designated under section 219 of the Immigration and Nationality Act, or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961;
4. “nuclear weapon” means any weapon that contains or uses nuclear material as defined in section 831(f)(1).

§§ 833 to 835 — repealed

§ 836 — Transportation of fireworks into State prohibiting sale or use

Whoever, otherwise than in the course of continuous interstate transportation through any State, transports fireworks into any State, or delivers them for transportation into any State, or attempts so to do, knowing that such fireworks are to be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws of such State specifically prohibiting or regulating the use of fireworks, shall be fined under this title or imprisoned not more than one year, or both.

This section shall not apply to a common or contract carrier or to international or domestic water carriers engaged in interstate commerce or to the transportation of fireworks into a State for the use of Federal agencies in the carrying out or the furtherance of their operations.

In the enforcement of this section, the definitions of fireworks contained in the laws of the respective States shall be applied.

As used in this section, the term “State” includes the several States, Territories, and possessions of the United States, and the District of Columbia.

This section shall be effective from and after July 1, 1954.

§ 837 — repealed