§1366 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Intentionally damaging, trying to damage, or planning with others to damage an energy facility can lead to federal prison time and a fine. If the damage actually is over $100,000, would have been over $100,000 if the attempt had succeeded, or any damage causes a significant interruption of the facility’s function, the person can be fined and jailed for up to 20 years. If the damage actually is over $5,000, the person can be fined and jailed for up to 5 years. If the act causes a death, the person can be imprisoned for any number of years or for life. energy facility — a place that makes, stores, moves, or distributes electricity, fuel, or other energy, including research sites and ones under construction or not working; excludes sites run by the Nuclear Regulatory Commission and interstate gas pipeline facilities (49 U.S.C. 60101).

Title 18, §1366

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever knowingly and willfully damages or attempts or conspires to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been completed, or if the object of the conspiracy had been achieved, have exceeded $100,000, or damages or attempts or conspires to damage the property of an energy facility in any amount and causes or attempts or conspires to cause a significant interruption or impairment of a function of an energy facility, shall be punishable by a fine under this title or imprisonment for not more than 20 years, or both.

(b)Whoever knowingly and willfully damages or attempts to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been completed have exceeded $5,000 shall be punishable by a fine under this title, or imprisonment for not more than five years, or both.

(c)For purposes of this section, the term “energy facility” means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in section 60101 of title 49.

(d)Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–177 substituted “attempts or conspires” for “attempts” wherever appearing and inserted “, or if the object of the conspiracy had been achieved,” after “the attempted offense had been completed”. 2001—Subsec. (a). Pub. L. 107–56, § 810(b)(1), substituted “20 years” for “ten years”. Subsec. (d). Pub. L. 107–56, § 810(b)(2), added subsec. (d). 1994—Subsec. (a). Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $50,000”. Pub. L. 103–322, § 320903(d)(3), inserted “or attempts to damage” after “damages” in two places, “or would if the attempted offense had been completed have exceeded” after “exceeds”, and “or attempts to cause” after “causes”. Subsec. (b). Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $25,000”. Pub. L. 103–322, § 320903(d)(3)(A), (C), inserted “or attempts to damage” after “damages” and “or would if the attempted offense had been completed have exceeded” after “exceeds”. Subsec. (c). Pub. L. 103–272 substituted “an interstate gas pipeline facility as defined in section 60101 of title 49” for “interstate transmission facilities, as defined in section 2 of the Natural Gas Pipeline Safety Act of 1968”. 1990—Subsec. (c). Pub. L. 101–647, § 3545, substituted “section 2 of the Natural Gas Pipeline Safety Act of 1968” for “49 U.S.C. 1671”. Subsec. (d). Pub. L. 101–647, § 3546, struck out subsec. (d) which read as follows: “The table of contents for chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new item: ‘1365 Destruction of an energy facility.’ ”

§1366 Destruction of an energy facility

Summary

Title 18, §1366

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata