18 U.S.C. § 844(i) – Arson or Explosion Affecting Interstate or Foreign Commerce
Covers arson and explosive damage to property used in or affecting interstate or foreign commerce.
Section 844(i) applies to fire or explosive attacks on non-federal property when that property is used in interstate or foreign commerce, or in an activity affecting interstate or foreign commerce.
This provision is broader than § 844(f). It reaches private, commercial, and income-producing property, so long as the required commerce nexus exists.
Core prohibited conduct.
A person violates § 844(i) by:
- Maliciously damaging or destroying property by fire or explosive
- Attempting to damage or destroy such property
The statute applies to:
- Buildings
- Vehicles
- Other real or personal property
So long as the property is used in interstate or foreign commerce or in an activity affecting commerce.
Baseline penalties.
A violation of § 844(i) carries:
- Mandatory minimum of 5 years in federal prison
- Maximum of 20 years imprisonment
- Fines under Title 18
Enhanced penalties for injury.
If the offense:
- Causes personal injury, or
- Creates a substantial risk of injury (including to public safety officers)
The penalty increases to:
- 7 to 40 years in federal prison
Death-resulting conduct.
If the offense directly or proximately causes death, the defendant faces:
- Any term of years,
- Life imprisonment, or
- The death penalty
Attempts are punished the same as completed offenses.
If arson or explosives charges tied to interstate commerce are alleged, contact our federal criminal defense attorneys to discuss how § 844(i) applies.
