18 U.S.C. § 1864: Hazardous or injurious…

Summary

Using or placing a dangerous device on federal land, on an Indian reservation, or on certain Indian allotments is a crime when it is done to break drug laws, to block or harass timber harvesting, or when the person acts with reckless disregard that someone could be killed or badly hurt. If someone is killed, the offender can be fined or sent to prison for any number of years or for life, or both. If a very bad injury results, the penalty can be a fine or up to 40 years in prison, or both. If a less serious injury happens, the penalty can be a fine or up to 20 years in prison, or both. If property is damaged or people spend more than $10,000 to detect or avoid the device, the penalty can be a fine or up to 20 years in prison, or both. In other cases the penalty can be a fine or up to 1 year in prison. If someone gets the short (up to 1 year) penalty but already has one or more earlier convictions under these rules, they can be fined or sent to prison for up to 20 years. A person hurt by such a device can sue the person accused. Federal district courts can hear those cases no matter how much money is involved or where the parties live. The court can award money for the injury and can also order payment of court costs and reasonable lawyer and expert fees to the winner when appropriate. Serious bodily injury: a very bad injury that can cause death, extreme pain, long-lasting disfigurement, or long-term loss of use of a body part or mental function. Bodily injury: any cut, bruise, burn, pain, illness, or other harm to the body, even if temporary. Hazardous or injurious device: a device placed so it can hurt people or damage property when touched or triggered (examples include trip-wire guns or explosives, sharpened stakes, upright nails, tree spikes, and similar items). Avoidance costs: money spent to find such devices or to prevent death, serious injury, bodily injury, or property damage from them.

Title 18, §1864

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Whoever—

(1)with the intent to violate the Controlled Substances Act,

(2)with the intent to obstruct or harass the harvesting of timber, or

(3)with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk,

uses a hazardous or injurious device on Federal land, on an Indian reservation, or on an Indian allotment while the title to such allotment is held in trust by the United States or while such allotment remains inalienable by the allottee without the consent of the United States shall be punished under subsection (b).

(b)An individual who violates subsection (a) shall—

(1)if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both;

(2)if serious bodily injury to any individual results, be fined under this title or imprisoned for not more than 40 years, or both;

(3)if bodily injury to any individual results, be fined under this title or imprisoned for not more than 20 years, or both;

(4)if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate, be fined under this title or imprisoned for not more than 20 years, or both; and

(5)in any other case, be fined under this title or imprisoned for not more than one year.

(c)Any individual who is punished under subsection (b)(5) after one or more prior convictions under any such subsection shall be fined under this title or imprisoned for not more than 20 years, or both.

(d)As used in this section—

(1)the term “serious bodily injury” means bodily injury which involves—

(A)a substantial risk of death;

(B)extreme physical pain;

(C)protracted and obvious disfigurement; and

(D)protracted loss or impairment of the function of bodily member, organ, or mental faculty;

(2)the term “bodily injury” means—

(A)a cut, abrasion, bruise, burn, or disfigurement;

(B)physical pain;

(C)illness;

(D)impairment of the function of a bodily member, organ, or mental faculty; or

(E)any other injury to the body, no matter how temporary;

(3)the term “hazardous or injurious device” means a device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. Such term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump; and

(4)the term “avoidance costs” means costs incurred by any individual for the purpose of—

(A)detecting a hazardous or injurious device; or

(B)preventing death, serious bodily injury, bodily injury, or property damage likely to result from the use of a hazardous or injurious device in violation of subsection (a).

(e)Any person injured as the result of a violation of subsection (a) may commence a civil action on his own behalf against any person who is alleged to be in violation of subsection (a). The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, in such civil actions. The court may award, in addition to monetary damages for any injury resulting from an alleged violation of subsection (a), costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Controlled Substances Act, referred to in subsec. (a)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of Title 21 and Tables.

Amendments

1996—Subsec. (b)(2). Pub. L. 104–134, § 101(c) [title III, § 330(1)(A)], substituted “40” for “twenty”. Subsec. (b)(3). Pub. L. 104–134, § 101(c) [title III, § 330(1)(B)], substituted “20” for “ten”. Subsec. (b)(4). Pub. L. 104–134, § 101(c) [title III, § 330(1)(C), (D)], substituted “if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate,” for “if damage exceeding $10,000 to the property of any individual results,” and “20” for “ten”. Subsec. (c). Pub. L. 104–134, § 101(c) [title III, § 330(2)], substituted “20” for “ten”. Subsec. (d)(4). Pub. L. 104–134, § 101(c) [title III, § 330(3)], added par. (4). Subsec. (e). Pub. L. 104–134, § 101(c) [title III, § 330(4)], added subsec. (e). 1994—Subsec. (c). Pub. L. 103–322 substituted “(b)(5)” for “(b)(3), (4), or (5)”. 1990—Subsec. (d)(1)(D), (E). Pub. L. 101–647 struck out “and” at end of subpar. (D) and substituted “; and” for period at end of subpar. (E).

§1864 Hazardous or Injurious Devices on Federal Lands