Notes on 18 U.S.C. § 844 : US Code - Notes

Search Notes on 18 U.S.C. § 844 : US Code - Notes

(Added Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84
Stat. 956; amended Pub. L. 97-298, Sec. 2, Oct. 12, 1982, 96 Stat.
1319; Pub. L. 98-473, title II, Sec. 1014, Oct. 12, 1984, 98 Stat.
2142; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
L. 100-690, title VI, Sec. 6474(a), (b), Nov. 18, 1988, 102 Stat.
4379; Pub. L. 101-647, title XXXV, Sec. 3522, Nov. 29, 1990, 104
Stat. 4924; Pub. L. 103-272, Sec. 5(e)(7), July 5, 1994, 108 Stat.
1374; Pub. L. 103-322, title VI, Sec. 60003(a)(3), title XI, Secs.
110504(b), 110509, 110515(b), 110518(b), title XXXII, Secs. 320106,
320917(a), title XXXIII, Sec. 330016(1)(H), (K), (L), (N), Sept.
13, 1994, 108 Stat. 1969, 2016, 2018, 2020, 2111, 2129, 2147, 2148;
Pub. L. 104-132, title VI, Sec. 604, title VII, Secs. 701, 706,
708(a), (c)(3), 724, Apr. 24, 1996, 110 Stat. 1289, 1291, 1295-
1297, 1300; Pub. L. 104-294, title VI, Sec. 603(a), Oct. 11, 1996,
110 Stat. 3503; Pub. L. 106-54, Sec. 2(b), Aug. 17, 1999, 113 Stat.
399; Pub. L. 107-296, title XI, Secs. 1112(e)(3), 1125, 1127, Nov.
25, 2002, 116 Stat. 2276, 2285; Pub. L. 108-426, Sec. 2(c)(6), Nov.
30, 2004, 118 Stat. 2424.)
REFERENCES IN TEXT
The Internal Revenue Code of 1986, referred to in subsec. (c)(1),
is set out as Title 26, Internal Revenue Code.
Section 5845(a) of that Code, referred to in subsec. (c)(1), is
section 5845(a) of Title 26.
AMENDMENTS
2004 - Subsec. (g)(2)(B). Pub. L. 108-426 substituted "Pipeline
and Hazardous Materials Safety Administration" for "Research and
Special Projects Administration".
2002 - Subsec. (c)(2), (3). Pub. L. 107-296, Sec. 1112(e)(3),
substituted "Attorney General" for "Secretary" wherever appearing.
Subsec. (f)(1). Pub. L. 107-296, Sec. 1125, inserted "or any
institution or organization receiving Federal financial
assistance," before "shall".
Subsec. (p). Pub. L. 107-296, Sec. 1127, added subsec. (p).
1999 - Subsec. (a). Pub. L. 106-54, Sec. 2(b)(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (j). Pub. L. 106-54, Sec. 2(b)(2), inserted "and section
842(p)" after "this section".
1996 - Subsec. (a). Pub. L. 104-132, Sec. 604, amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
"Any person who violates subsections (a) through (i) of section 842
of this chapter shall be fined under this title or imprisoned not
more than ten years, or both."
Subsec. (e). Pub. L. 104-132, Secs. 708(a)(1), 724, substituted
"interstate or foreign commerce, or in or affecting interstate or
foreign commerce," for "commerce" and "10" for "five".
Subsec. (f). Pub. L. 104-132, Sec. 708(a)(2), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows:
"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,
possessed, or used by, or leased to, the United States, any
department or agency thereof, or any institution or organization
receiving Federal financial assistance shall be imprisoned for not
more than 20 years, fined the greater of the fine under this title
or the cost of repairing or replacing any property that is damaged
or destroyed,, 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 40 years, fined
the greater of the fine under this title or the cost of repairing
or replacing any property that is damaged or destroyed,, 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."
Subsec. (h). Pub. L. 104-132, Sec. 708(a)(3), in concluding
provisions, substituted "10 years" and "20 years" for "5 years but
not more than 15 years" and "10 years but not more than 25 years",
respectively.
Subsec. (i). Pub. L. 104-294, which directed substitution of
comma for ",," each place appearing, could not be executed because
",," did not appear in text subsequent to amendment by Pub. L. 104-
132, Sec. 708(a)(4). See below.
Pub. L. 104-132, Sec. 708(c)(3), struck out at end "No person
shall be prosecuted, tried, or punished for any noncapital offense
under this subsection unless the indictment is found or the
information is instituted within 7 years after the date on which
the offense was committed."
Pub. L. 104-132, Sec. 708(a)(4)(B), which directed substitution
of "not less than 7 years and not more than 40 years, fined under
this title" for "not more than 40 years, fined the greater of a
fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed,", was executed by making the
substitution in text which read "not more than 40 years, fined the
greater of the fine under this title" to reflect the probable
intent of Congress.
Pub. L. 104-132, Sec. 708(a)(4)(A), substituted "not less than 5
years and not more than 20 years, fined under this title" for "not
more than 20 years, fined the greater of the fine under this title
or the cost of repairing or replacing any property that is damaged
or destroyed,".
Subsec. (n). Pub. L. 104-132, Sec. 701, added subsec. (n).
Subsec. (o). Pub. L. 104-132, Sec. 706, added subsec. (o).
1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(L),
substituted "fined under this title" for "fined not more than
$10,000".
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(H), substituted
"fined under this title" for "fined not more than $1,000".
Subsec. (c). Pub. L. 103-322, Sec. 110509, designated existing
provisions as par. (1) and added pars. (2) and (3).
Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(L), (N), substituted
"fined under this title" for "fined not more than $10,000" after
"ten years, or" and for "fined not more than $20,000" after "twenty
years or".
Pub. L. 103-322, Sec. 60003(a)(3)(A), struck out before period at
end "as provided in section 34 of this title".
Subsec. (e). Pub. L. 103-322, Sec. 330016(1)(K), substituted
"fined under this title" for "fined not more than $5,000".
Subsec. (f). Pub. L. 103-322, Sec. 320106(1)(B), which directed
the substitution of "not more than 40 years, fined the greater of
the fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed," for "not more than twenty
years, or fined not more than $10,000", was executed by making the
substitution for "not more than twenty years, or fined not more
than $20,000", to reflect the probable intent of Congress.
Pub. L. 103-322, Sec. 320106(1)(A), substituted "not more than 20
years, fined the greater of the fine under this title or the cost
of repairing or replacing any property that is damaged or
destroyed," for "not more than ten years, or fined not more than
$10,000".
Pub. L. 103-322, Sec. 60003(a)(3)(B), struck out before period at
end "as provided in section 34 of this title".
Subsec. (g)(2)(B). Pub. L. 103-272 substituted "chapter 51 of
title 49" for "the Hazardous Materials Transportation Act (49 App.
U.S.C. 1801, et seq.)".
Subsec. (h). Pub. L. 103-322, Sec. 320106(2), in concluding
provisions, substituted "5 years but not more than 15 years" for
"five years" and "10 years but not more than 25 years" for "ten
years".
Subsec. (i). Pub. L. 103-322, Sec. 320917(a), inserted at end "No
person shall be prosecuted, tried, or punished for any noncapital
offense under this subsection unless the indictment is found or the
information is instituted within 7 years after the date on which
the offense was committed."
Pub. L. 103-322, Sec. 320106(3), substituted "not more than 20
years, fined the greater of the fine under this title or the cost
of repairing or replacing any property that is damaged or
destroyed," for "not more than ten years or fined not more than
$10,000" and "not more than 40 years, fined the greater of the fine
under this title or the cost of repairing or replacing any property
that is damaged or destroyed," for "not more than twenty years or
fined not more than $20,000".
Pub. L. 103-322, Sec. 60003(a)(3)(C), struck out "as provided in
section 34 of this title" after "death penalty or to life
imprisonment".
Subsec. (k). Pub. L. 103-322, Sec. 110504(b), added subsec. (k).
Subsec. (l). Pub. L. 103-322, Sec. 110515(b), added subsec. (l).
Subsec. (m). Pub. L. 103-322, Sec. 110518(b), added subsec. (m).
1990 - Subsec. (d). Pub. L. 101-647 substituted "subsection," for
"subsection,," before "shall be subject to imprisonment".
1988 - Subsec. (g). Pub. L. 100-690, Sec. 6474(a), designated
existing provisions as par. (1), substituted "Except as provided in
paragraph (2), whoever" for "Whoever", inserted "in an airport that
is subject to the regulatory authority of the Federal Aviation
Administration, or" after "possess an explosive", inserted "or
airport" after "such building", substituted "not more than five
years, or fined under this title, or both" for "not more than one
year, or fined not more than $1,000, or both", and added par. (2).
Subsec. (h). Pub. L. 100-690, Sec. 6474(b)(2), which directed the
amendment of subsec. (h) by striking "shall be sentenced" through
the end and inserting new provisions was executed by striking
"shall be sentenced" the first time it appeared through the end of
the subsection which resulted in inserting concluding provisions
and striking out former concluding provisions which read as
follows: "shall be sentenced to a term of imprisonment for not less
than one year nor more than ten years. In the case of his second or
subsequent conviction under this subsection, such person shall be
sentenced to a term of imprisonment for not less than five years
nor more than twenty-five years, and, notwithstanding any other
provision of law, the court shall not suspend the sentence of such
person or give him a probationary sentence."
Subsec. (h)(2). Pub. L. 100-690, Sec. 6474(b)(1), in par. (2),
struck out "unlawfully" after "explosive".
1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue
Code of 1986" for "Internal Revenue Code of 1954".
1984 - Subsecs. (d), (f), (i). Pub. L. 98-473 substituted
"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," for "personal injury
results" and "death results to any person, including any public
safety officer performing duties as a direct or proximate result of
conduct prohibited by this subsection," for "death results".
1982 - Subsecs. (e), (f). Pub. L. 97-298, Sec. 2(a), inserted
"fire or" after "by means of" wherever appearing.
Subsec. (h)(1). Pub. L. 97-298, Sec. 2(b), inserted "fire or"
after "uses".
Subsec. (i). Pub. L. 97-298, Sec. 2(c), inserted "fire or" after
"by means of".
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 604 of Pub. L. 104-132 effective 1 year
after Apr. 24, 1996, see section 607 of Pub. L. 104-132, set out as
a note under section 841 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 320917(b) of Pub. L. 103-322 provided that: "The
amendment made by subsection (a) [amending this section] shall not
apply to any offense described in the amendment that was committed
more than 5 years prior to the date of enactment of this Act [Sept.
13, 1994]."
EFFECTIVE DATE
Subsecs. (a) to (c) of this section effective 120 days after Oct.
15, 1970, and subsecs. (d) to (j) of this section effective on Oct.
15, 1970, see section 1105(a), (b), set out as a note under section
841 of this title.
(!1) So in original. Probably should be "Attorney General".