PRIA, Government Policy, Made Personal

Summary

Makes it a federal crime to knowingly damage, try to damage, or plan to damage an energy facility. If the damage actually is, or would have been, more than $100,000, or if any damage causes or would cause a significant interruption of the facility’s functions, the person can be fined, jailed up to 20 years, or both. If the damage actually is, or would have been, more than $5,000, the person can be fined, jailed up to 5 years, or both. If a violation like those causes a death, the punishment can be any number of years in prison or life. energy facility — a place that produces, stores, transmits, or distributes electricity, fuel, or other energy, or a research/development site for those things; does not include facilities under the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in 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