18 U.S.C. § 1361 – Government Property or Contracts
This statute criminalizes willful damage to property owned by, or made for, the United States.
Section 1361 makes it a federal offense to willfully injure, damage, or commit depredation against property belonging to the United States or any of its departments or agencies.
The statute also applies to property being manufactured or constructed for the United States, even if the government does not yet possess it.
Covered conduct.
A violation occurs when a person:
- Willfully injures or damages U.S. government property
- Commits depredation (destructive misuse or spoliation) of such property
- Attempts to commit either of the above acts
The statute does not require permanent destruction. Temporary damage or impairment may be sufficient if done willfully.
Penalty structure is damage-based.
Punishment depends on the amount of damage or attempted damage:
- More than $1,000: felony punishable by up to 10 years in prison
- $1,000 or less: misdemeanor punishable by up to 1 year in prison
Both tiers also authorize fines under Title 18.
Attempts are treated the same.
An attempted act of injury or depredation is punished under the same framework, even if the damage is not completed.
If you are under investigation or charged with damaging federal property, contact our federal criminal defense attorneys to discuss how § 1361 applies to your situation.
