18 U.S.C. § 2332a – Use of Weapons of Mass Destruction
This statute criminalizes the use, threat, attempt, or conspiracy to use weapons of mass destruction against people or property.
This is one of the most severe federal terrorism statutes. It applies broadly to conduct occurring inside or outside the United States and carries life imprisonment or death penalties in certain cases.
What conduct is prohibited.
A person violates this statute if they use, threaten, attempt, or conspire to use a weapon of mass destruction without lawful authority:
- Against a U.S. national outside the United States
- Against any person or property within the United States when the conduct involves or affects interstate or foreign commerce
- Against property owned, leased, or used by the United States or a federal agency, anywhere in the world
- Against property within the United States owned, leased, or used by a foreign government
The statute also applies to U.S. nationals acting entirely outside the United States.
What counts as a “weapon of mass destruction.”
Federal law defines this term very broadly. It includes:
- Destructive devices (such as bombs or explosives)
- Chemical weapons designed to release toxic or poisonous chemicals
- Biological agents or toxins
- Radiological or nuclear weapons designed to release dangerous radiation
Penalties.
The penalties under this statute are extreme:
- Any term of years or life imprisonment for use, threats, attempts, or conspiracy
- Life imprisonment or the death penalty if the offense results in death
There is no requirement that the weapon actually be deployed successfully. Threats, attempts, and conspiracies carry the same sentencing exposure.
Why this statute is used:
Prosecutors often rely on this section in terrorism investigations, national security cases, and large-scale bombing or chemical weapon prosecutions. The statute’s interstate commerce hooks and expansive definitions make it a powerful charging tool.
If you are facing investigation or charges under a federal terrorism statute, call (314) 900-HELP or contact our criminal defense attorneys immediately to discuss potential exposure and defense strategy.
