§2272 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Violating, trying to violate, or planning to violate the laws in sections 2077 or 2131, or unlawfully interfering with recapture or entry under section 2138, can lead to a fine up to $10,000, up to 10 years in prison, or both. If the act is done to injure the United States or to benefit a foreign nation, the penalty can be life in prison, years in prison, a fine up to $20,000, or both. Violating section 2122 can bring a fine up to $2,000,000 and at least 25 years in prison or life. Using, trying to use, or threatening to use an atomic weapon during that crime raises the minimum to 30 years in prison or life and can still include a fine up to $2,000,000. If a death results, the penalty is life in prison and up to $2,000,000 in fines.

Title 42, §2272

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Whoever willfully violates, attempts to violate, or conspires to violate, any provision of section 11 So in original. Probably should be “section”. 2077 or 2131 of this title, or whoever unlawfully interferes, attempts to interfere, or conspires to interfere with any recapture or entry under section 2138 of this title, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than ten years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation shall, upon conviction thereof, be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both.

(b)Any person who violates, or attempts or conspires to violate, section 2122 of this title shall be fined not more than $2,000,000 and sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. Any person who, in the course of a violation of section 2122 of this title, uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life. If the death of another results from a person’s violation of section 2122 of this title, the person shall be fined not more than $2,000,000 and punished by imprisonment for life.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 1816(a), (b) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

Amendments

2004—Pub. L. 108–458 designated existing provisions as subsec. (a), struck out “, 2122,” after “2077”, and added subsec. (b). 1969—Pub. L. 91–161 increased maximum term of imprisonment from five years to ten years for willful violation, or attempted violation of enumerated sections, and struck out applicability of death penalty for violation of same offenses committed with intent to injure the United States, or secure an advantage to any foreign nation.

Statutory Notes and Related Subsidiaries

Effective Date

of 1969 Amendment Pub. L. 91–161, § 7, Dec. 24, 1969, 83 Stat. 445, provided that: “The

Amendments

contained in section 2 and 3 of this Act [amending this section and section 2274 and 2276 of this title] shall apply only to offenses under section 222, 224, 225, and 226 [this section and section 2274, 2275, and 2276 of this title] which are committed on or after the date of enactment of this Act [Dec. 24, 1969]. Nothing in section 2 or 3 of this Act shall affect penalties authorized under existing law for offenses under section 222, 224, 225, or 226 of the Atomic Energy Act of 1954, as amended, committed prior to the date of enactment of this Act.”

§2272 Violation of specific sections

Summary

Title 42, §2272

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata