18 U.S.C. § 844 : US Code - Section 844: Penalties

Search 18 U.S.C. § 844 : US Code - Section 844: Penalties

(a) Any person who -
(1) violates any of subsections (a) through (i) or (l) through
(o) of section 842 shall be fined under this title, imprisoned
for not more than 10 years, or both; and
(2) violates subsection (p)(2) of section 842, shall be fined
under this title, imprisoned not more than 20 years, or both.
(b) Any person who violates any other provision of section 842 of
this chapter shall be fined under this title or imprisoned not more
than one year, or both.
(c)(1) Any explosive materials involved or used or intended to be
used in any violation of the provisions of this chapter or any
other rule or regulation promulgated thereunder or any violation of
any criminal law of the United States shall be subject to seizure
and forfeiture, and all provisions of the Internal Revenue Code of
1986 relating to the seizure, forfeiture, and disposition of
firearms, as defined in section 5845(a) of that Code, shall, so far
as applicable, extend to seizures and forfeitures under the
provisions of this chapter.
(2) Notwithstanding paragraph (1), in the case of the seizure of
any explosive materials for any offense for which the materials
would be subject to forfeiture in which it would be impracticable
or unsafe to remove the materials to a place of storage or would be
unsafe to store them, the seizing officer may destroy the explosive
materials forthwith. Any destruction under this paragraph shall be
in the presence of at least 1 credible witness. The seizing officer
shall make a report of the seizure and take samples as the Attorney
General may by regulation prescribe.
(3) Within 60 days after any destruction made pursuant to
paragraph (2), the owner of (including any person having an
interest in) the property so destroyed may make application to the
Attorney General for reimbursement of the value of the property. If
the claimant establishes to the satisfaction of the Attorney
General that -
(A) the property has not been used or involved in a violation
of law; or
(B) any unlawful involvement or use of the property was without
the claimant's knowledge, consent, or willful blindness,
the Attorney General shall make an allowance to the claimant not
exceeding the value of the property destroyed.
(d) Whoever transports or receives, or attempts to transport or
receive, in interstate or foreign commerce any explosive with the
knowledge or intent that it will be used to kill, injure, or
intimidate any individual or unlawfully to damage or destroy any
building, vehicle, or other real or personal property, shall be
imprisoned for not more than ten years, or fined under this title,
or both; and if personal injury results to any person, including
any public safety officer performing duties as a direct or
proximate result of conduct prohibited by this subsection, shall be
imprisoned for not more than twenty years or fined under this
title, or both; and if death results to any person, including any
public safety officer performing duties as a direct or proximate
result of conduct prohibited by this subsection, shall be subject
to imprisonment for any term of years, or to the death penalty or
to life imprisonment.
(e) Whoever, through the use of the mail, telephone, telegraph,
or other instrument of interstate or foreign commerce, or in or
affecting interstate or foreign commerce, willfully makes any
threat, or maliciously conveys false information knowing the same
to be false, concerning an attempt or alleged attempt being made,
or to be made, to kill, injure, or intimidate any individual or
unlawfully to damage or destroy any building, vehicle, or other
real or personal property by means of fire or an explosive shall be
imprisoned for not more than 10 years or fined under this title, or
both.
(f)(1) Whoever maliciously damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any building,
vehicle, or other personal or real property in whole or in part
owned or possessed by, or leased to, the United States, or any
department or agency thereof, or any institution or organization
receiving Federal financial assistance, shall be imprisoned for not
less than 5 years and not more than 20 years, fined under this
title, or both.
(2) Whoever engages in conduct prohibited by this subsection, and
as a result of such conduct, directly or proximately causes
personal injury or creates a substantial risk of injury to any
person, including any public safety officer performing duties,
shall be imprisoned for not less than 7 years and not more than 40
years, fined under this title, or both.
(3) Whoever engages in conduct prohibited by this subsection, and
as a result of such conduct directly or proximately causes the
death of any person, including any public safety officer performing
duties, shall be subject to the death penalty, or imprisoned for
not less than 20 years or for life, fined under this title, or
both.
(g)(1) Except as provided in paragraph (2), whoever possesses an
explosive in an airport that is subject to the regulatory authority
of the Federal Aviation Administration, or in any building in whole
or in part owned, possessed, or used by, or leased to, the United
States or any department or agency thereof, except with the written
consent of the agency, department, or other person responsible for
the management of such building or airport, shall be imprisoned for
not more than five years, or fined under this title, or both.
(2) The provisions of this subsection shall not be applicable to -

(A) the possession of ammunition (as that term is defined in
regulations issued pursuant to this chapter) in an airport that
is subject to the regulatory authority of the Federal Aviation
Administration if such ammunition is either in checked baggage or
in a closed container; or
(B) the possession of an explosive in an airport if the
packaging and transportation of such explosive is exempt from, or
subject to and in accordance with, regulations of the Pipeline
and Hazardous Materials Safety Administration for the handling of
hazardous materials pursuant to chapter 51 of title 49.
(h) Whoever -
(1) uses fire or an explosive to commit any felony which may be
prosecuted in a court of the United States, or
(2) carries an explosive during the commission of any felony
which may be prosecuted in a court of the United States,
including a felony which provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device
shall, in addition to the punishment provided for such felony, be
sentenced to imprisonment for 10 years. In the case of a second or
subsequent conviction under this subsection, such person shall be
sentenced to imprisonment for 20 years. Notwithstanding any other
provision of law, the court shall not place on probation or suspend
the sentence of any person convicted of a violation of this
subsection, nor shall the term of imprisonment imposed under this
subsection run concurrently with any other term of imprisonment
including that imposed for the felony in which the explosive was
used or carried.
(i) Whoever maliciously damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any building,
vehicle, or other real or personal property used in interstate or
foreign commerce or in any activity affecting interstate or foreign
commerce shall be imprisoned for not less than 5 years and not more
than 20 years, fined under this title, or both; and if personal
injury results to any person, including any public safety officer
performing duties as a direct or proximate result of conduct
prohibited by this subsection, shall be imprisoned for not less
than 7 years and not more than 40 years, fined under this title, or
both; and if death results to any person, including any public
safety officer performing duties as a direct or proximate result of
conduct prohibited by this subsection, shall also be subject to
imprisonment for any term of years, or to the death penalty or to
life imprisonment.
(j) For the purposes of subsections (d), (e), (f), (g), (h), and
(i) of this section and section 842(p), the term "explosive" means
gunpowders, powders used for blasting, all forms of high
explosives, blasting materials, fuzes (other than electric circuit
breakers), detonators, and other detonating agents, smokeless
powders, other explosive or incendiary devices within the meaning
of paragraph (5) of section 232 of this title, and any chemical
compounds, mechanical mixture, or device that contains any
oxidizing and combustible units, or other ingredients, in such
proportions, quantities, or packing that ignition by fire, by
friction, by concussion, by percussion, or by detonation of the
compound, mixture, or device or any part thereof may cause an
explosion.
(k) A person who steals any explosives materials which are moving
as, or are a part of, or which have moved in, interstate or foreign
commerce shall be imprisoned for not more than 10 years, fined
under this title, or both.
(l) A person who steals any explosive material from a licensed
importer, licensed manufacturer, or licensed dealer, or from any
permittee shall be fined under this title, imprisoned not more than
10 years, or both.
(m) A person who conspires to commit an offense under subsection
(h) shall be imprisoned for any term of years not exceeding 20,
fined under this title, or both.
(n) Except as otherwise provided in this section, a person who
conspires to commit any offense defined in this chapter shall be
subject to the same penalties (other than the penalty of death) as
the penalties prescribed for the offense the commission of which
was the object of the conspiracy.
(o) Whoever knowingly transfers any explosive materials, knowing
or having reasonable cause to believe that such explosive materials
will be used to commit a crime of violence (as defined in section
924(c)(3)) or drug trafficking crime (as defined in section
924(c)(2)) shall be subject to the same penalties as may be imposed
under subsection (h) for a first conviction for the use or carrying
of an explosive material.
(p) Theft Reporting Requirement. -
(1) In general. - A holder of a license or permit who knows
that explosive materials have been stolen from that licensee or
permittee, shall report the theft to the Secretary (!1) not later
than 24 hours after the discovery of the theft.
(2) Penalty. - A holder of a license or permit who does not
report a theft in accordance with paragraph (1), shall be fined
not more than $10,000, imprisoned not more than 5 years, or both.