§132, Nov. 5, 1990, 104 Stat. 2250 , known as the "Antiterrorism Act of 1990", amended this chapter by adding sections 2331 and 2333 to 2338 and by amending former section 2331 and renumbering it as section 2332.
effective Nov. 5, 1990, and provided that effective Nov. 5, 1990, this chapter is amended to read as if section 132 of
had not been enacted.
Another chapter 113B , consisting of sections 2340 to 2340B, was renumbered chapter 113C .
title VI, §605(q), Oct. 11, 1996, 110 Stat. 3510 , redesignated item 2332d, relating to requests for military assistance to enforce prohibition in certain emergencies, as item 2332e, and moved the item to follow item 2332d, relating to financial transactions.
div. A, title XIV, §1416(c)(2)(B), Sept. 23, 1996, 110 Stat. 2723 , which directed amendment of table of sections at beginning of the chapter 133B of this title, that relates to terrorism, by adding item 2332d relating to requests for military assistance to enforce prohibition in certain emergencies, after item 2332c, was executed by making the addition after item 2332c in the table of sections at the beginning of this chapter to reflect the probable intent of Congress. This title does not contain a chapter 133B .
title VI, §60023(b), title XXV, §250002(a)(1), (b)(2), Sept. 13, 1994, 108 Stat. 1981 , 2082, 2085, renumbered chapter 113A as 113B, amended chapter heading generally, substituting "113B" for "113A", and added item 2332a.
title X, §1003(a)(5), Oct. 29, 1992, 106 Stat. 4524 , substituted "TERRORISM" for "EXTRATERRITORIAL JURISDICTION OVER TERRORIST ACTS ABROAD AGAINST UNITED STATES NATIONALS" in chapter heading and amended chapter analysis generally, substituting "Definitions" for "Terrorist acts abroad against United States nationals" in item 2331 and adding items 2332 to 2338.
CHAPTER 113B -TERRORISM!@!Sec. 2331 -->
As used in this chapter—
(1) the term "international terrorism" means activities that—
(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;
(B) appear to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum;
(2) the term "national of the United States" has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act;
(3) the term "person" means any individual or entity capable of holding a legal or beneficial interest in property;
(4) the term "act of war" means any act occurring in the course of—
(B) armed conflict, whether or not war has been declared, between two or more nations; or
(C) armed conflict between military forces of any origin;
(5) the term "domestic terrorism" means activities that—
(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B) appear to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States; and
(6) the term "military force" does not include any person that—
(A) has been designated as a—
(i) foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or
(ii) specially designated global terrorist (as such term is defined in section 594.310 of title 31, Code of Federal Regulations) by the Secretary of State or the Secretary of the Treasury; or
(B) has been determined by the court to not be a "military force".
Section 101(a)(22) of the Immigration and Nationality Act, referred to in par. (2), is classified to section 1101(a)(22) of Title 8 , Aliens and Nationality.
A prior section 2331 was renumbered 2332 of this title.
2001—Par. (1)(B)(iii).
§802(a)(1), substituted "by mass destruction, assassination, or kidnapping" for "by assassination or kidnapping".
§802(a)(2)–(4), added par. (5).
§2(b), Oct. 3, 2018, 132 Stat. 3183 , provided that: "The amendments made by this section [amending this section] shall apply to any civil action pending on or commenced after the date of the enactment of this Act [Oct. 3, 2018]."
title X, §1003(c), Oct. 29, 1992, 106 Stat. 4524 , provided that: "This section [enacting this section and sections 2333 to 2338 of this title , amending former section 2331 of this title , and renumbering former section 2331 of this title as 2332] and the amendments made by this section shall apply to any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act [Oct. 29, 1992]."
title VI, §6601, Dec. 17, 2004, 118 Stat. 3761 , provided that: "This subtitle [subtitle G (§§6601–6604) of title VI of
enacting section 2339D of this title , amending sections 2332b and 2339A to 2339C of this title , and enacting provisions set out as a note under section 2332b of this title ] may be cited as the 'Material Support to Terrorism Prohibition Enhancement Act of 2004'."
title I, §101, June 25, 2002, 116 Stat. 721 , provided that: "This title [enacting section 2332f of this title and provisions set out as notes under section 2332f of this title ] may be cited as the 'Terrorist Bombings Convention Implementation Act of 2002'."
title II, §201, June 25, 2002, 116 Stat. 724 , provided that: "This title [enacting section 2339C of this title and provisions set out as notes under section 2339C of this title ] may be cited as the 'Suppression of the Financing of Terrorism Convention Implementation Act of 2002'."
CHAPTER 113B -TERRORISM!@!Sec. 2332 -->
(a) Homicide .—Whoever kills a national of the United States, while such national is outside the United States, shall—
(1) if the killing is murder (as defined in section 1111(a)), be fined under this title, punished by death or imprisonment for any term of years or for life, or both;
(2) if the killing is a voluntary manslaughter as defined in section 1112(a) of this title , be fined under this title or imprisoned not more than ten years, or both; and
(3) if the killing is an involuntary manslaughter as defined in section 1112(a) of this title , be fined under this title or imprisoned not more than three years, or both.
(b) Attempt or Conspiracy With Respect to Homicide .—Whoever outside the United States attempts to kill, or engages in a conspiracy to kill, a national of the United States shall—
(1) in the case of an attempt to commit a killing that is a murder as defined in this chapter, be fined under this title or imprisoned not more than 20 years, or both; and
(2) in the case of a conspiracy by two or more persons to commit a killing that is a murder as defined in section 1111(a) of this title , if one or more of such persons do any overt act to effect the object of the conspiracy, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned.
(c) Other Conduct .—Whoever outside the United States engages in physical violence—
(1) with intent to cause serious bodily injury to a national of the United States; or
(2) with the result that serious bodily injury is caused to a national of the United States;
shall be fined under this title or imprisoned not more than ten years, or both.
(d) Limitation on Prosecution .—No prosecution for any offense described in this section shall be undertaken by the United States except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.
1996—Subsec. (c).
substituted "ten years" for "five years" in concluding provisions.
1994—Subsec. (a)(1).
amended par. (1) generally. Prior to amendment, par. (1) read as follows: "if the killing is a murder as defined in section 1111(a) of this title , be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned;".
renumbered section 2331 of this title as this section, substituted "Criminal penalties" for "Terrorist acts abroad against United States national" in section catchline, redesignated subsec. (e) as (d), and struck out former subsec. (d) which read as follows: " Definition .—As used in this section the term 'national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) )."
§402, as amended by
§132, and amended this section to read as if
§132, had not been enacted, effective as of Nov. 5, 1990, the date of enactment of
. See Codification note preceding this section.
§132, which amended this section, was repealed by
§402, as amended. See 1991 Amendment note above.
applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of
set out as an Effective Date note under section 2331 of this title .
CHAPTER 113B -TERRORISM!@!Sec. 2332a -->
(a) Offense Against a National of the United States or Within the United States .—A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction—
(1) against a national of the United States while such national is outside of the United States;
(2) against any person or property within the United States, and
(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or
(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;
(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States; or
(4) against any property within the United States that is owned, leased, or used by a foreign government,
shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.
(b) Offense by National of the United States Outside of the United States .—Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.
(c) Definitions .—For purposes of this section—
(1) the term "national of the United States" has the meaning given in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) );
(2) the term "weapon of mass destruction" means—
(A) any destructive device as defined in section 921 of this title ;
(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
(C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title ); or
(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and
(3) the term "property" includes all real and personal property.
§6802(b)(1), struck out "certain" before "weapons" in section catchline.
§6802(b)(2), struck out "(other than a chemical weapon as that term is defined in section 229F)" after "mass destruction" in introductory provisions.
§6802(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "against any person within the United States, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce; or".
§6802(a)(2), (3), added par. (4).
§6802(b)(3), struck out "(other than a chemical weapon (as that term is defined in section 229F))" after "mass destruction".
§6802(a)(4)–(6), added par. (3).
2002—Subsec. (a).
§231(d)(1), substituted "section 229F)—" for "section 229F), including any biological agent, toxin, or vector (as those terms are defined in section 178)—" in introductory provisions.
§231(d)(2), substituted "a biological agent, toxin, or vector (as those terms are defined in section 178 of this title )" for "a disease organism".
§201(b)(1)(A), inserted "certain" before "weapons" in section catchline.
§201(b)(1)(B), inserted "(other than a chemical weapon as that term is defined in section 229F)" after "weapon of mass destruction" in introductory provisions.
§201(b)(1)(C), inserted "(other than a chemical weapon (as that term is defined in section 229F))" after "weapon of mass destruction".
1996—Subsec. (a).
§§511(c), 725(1)(A), (B), in heading, inserted " Against a National of the United States or Within the United States " after " Offense ", and in introductory provisions, substituted ", without lawful authority, uses, threatens, or attempts" for "uses, or attempts" and inserted ", including any biological agent, toxin, or vector (as those terms are defined in section 178)" after "mass destruction".
§725(1)(C), inserted before semicolon at end ", and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce".
§725(4), added subsec. (b). Former subsec. (b) redesignated (c).
§725(2), as amended by
§605(m), added subpar. (B) and struck out former subpar. (B) which read as follows: "poison gas;".
§725(3), redesignated subsec. (b) as (c).
CHAPTER 113B -TERRORISM!@!Sec. 2332b -->
(a) Prohibited Acts.—
(1) Offenses .—Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)—
(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or
(B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;
in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c).
(2) Treatment of threats, attempts and conspiracies .—Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished under subsection (c).
(b) Jurisdictional Bases.—
(1) Circumstances .—The circumstances referred to in subsection (a) are—
(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
(B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated;
(C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States;
(D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States;
(E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or
(F) the offense is committed within the special maritime and territorial jurisdiction of the United States.
(2) Co-conspirators and accessories after the fact .—Jurisdiction shall exist over all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender.
(1) Penalties .—Whoever violates this section shall be punished—
(A) for a killing, or if death results to any person from any other conduct prohibited by this section, by death, or by imprisonment for any term of years or for life;
(B) for kidnapping, by imprisonment for any term of years or for life;
(C) for maiming, by imprisonment for not more than 35 years;
(D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years;
(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years;
(F) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and
(G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years.
(2) Consecutive sentence .—Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; nor shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment.
(d) Proof Requirements .—The following shall apply to prosecutions under this section:
(1) Knowledge .—The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment.
(2) State law .—In a prosecution under this section that is based upon the adoption of State law, only the elements of the offense under State law, and not any provisions pertaining to criminal procedure or evidence, are adopted.
(e) Extraterritorial Jurisdiction .—There is extraterritorial Federal jurisdiction—
(1) over any offense under subsection (a), including any threat, attempt, or conspiracy to commit such offense; and
(2) over conduct which, under section 3, renders any person an accessory after the fact to an offense under subsection (a).
(f) Investigative Authority .—In addition to any other investigative authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all Federal crimes of terrorism, and any violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of this title , and the Secretary of the Treasury shall assist the Attorney General at the request of the Attorney General. Nothing in this section shall be construed to interfere with the authority of the United States Secret Service under section 3056.
(g) Definitions .—As used in this section—
(1) the term "conduct transcending national boundaries" means conduct occurring outside of the United States in addition to the conduct occurring in the United States;
(2) the term "facility of interstate or foreign commerce" has the meaning given that term in section 1958(b)(2);
(3) the term "serious bodily injury" has the meaning given that term in section 1365(g)(3); 1
(4) the term "territorial sea of the United States" means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; and
(5) the term "Federal crime of terrorism" means an offense that—
(A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and
(B) is a violation of—
(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 or 175b (relating to biological weapons), 175c (relating to variola virus), 229 (relating to chemical weapons), subsection (a), (b), (c), or (d) of section 351 (relating to congressional, cabinet, and Supreme Court assassination and kidnaping), 831 (relating to nuclear materials), 832 (relating to participation in nuclear and weapons of mass destruction threats to the United States) 2 842(m) or (n) (relating to plastic explosives), 844(f)(2) or (3) (relating to arson and bombing of Government property risking or causing death), 844(i) (relating to arson and bombing of property used in interstate commerce), 930(c) (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon), 956(a)(1) (relating to conspiracy to murder, kidnap, or maim persons abroad), 1030(a)(1) (relating to protection of computers), 1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI) (relating to protection of computers), 1114 (relating to killing or attempted killing of officers and employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1361 (relating to government property or contracts), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366(a) (relating to destruction of an energy facility), 1751(a), (b), (c), or (d) (relating to Presidential and Presidential staff assassination and kidnaping), 1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air), 2155 (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to national defense material, premises, or utilities), 2280 (relating to violence against maritime navigation), 2280a (relating to maritime safety), 2281 through 2281a (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2332f (relating to bombing of public places and facilities), 2332g (relating to missile systems designed to destroy aircraft), 2332h (relating to radiological dispersal devices), 2332i (relating to acts of nuclear terrorism), 2339 (relating to harboring terrorists), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), 2339C (relating to financing of terrorism), 2339D (relating to military-type training from a foreign terrorist organization), or 2340A (relating to torture) of this title;
(ii) sections 92 (relating to prohibitions governing atomic weapons) or 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 or 2284);
(iii) section 46502 (relating to aircraft piracy), the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon), section 46505(b)(3) or (c) (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved (relating to application of certain criminal laws to acts on aircraft), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49; or
(iv) section 1010A of the Controlled Substances Import and Export Act (relating to narco-terrorism).