§2280 Violence Against Maritime Navigation

Summary

Makes it a crime to unlawfully and on purpose take over a ship or use force, threats, or other violence that could make a ship unsafe. It also covers destroying or badly damaging a ship or its cargo, putting devices or substances on a ship that could destroy or damage it, wrecking or interfering with navigational facilities, giving false information that could endanger navigation, injuring or killing someone in connection with those acts, or trying or planning to do any of those things. Threatening to commit certain dangerous acts with apparent intent can carry a fine, up to 5 years in prison, or both. Federal courts can try these crimes in several situations: if they happen on a U.S. vessel or a vessel under U.S. jurisdiction, in the United States (including the territorial sea), by a U.S. national or U.S. company or a stateless person who lives in the U.S.; if a U.S. national is seized, threatened, injured, or killed during the act; if the offender is later found in the U.S.; when the ship only sailed inside another country’s waters and the offender is later found in the U.S.; or if the act tried to force the United States to do or stop doing something. Federal prosecution is blocked for conduct inside the U.S. that happened during a labor dispute if that conduct is a state felony (the term “labor dispute” uses the Norris‑LaGuardia Act definition). The law does not apply to actions by armed forces in an armed conflict or to military forces acting in official duties. The master (captain) of a U.S.-flag covered ship who reasonably believes someone onboard committed one of these crimes may hand that person to a country that is party to the relevant convention, but must notify and wait for instructions from the U.S. Attorney General and, when practicable, notify the receiving country before entering its territorial sea and give that country any evidence the master has. Property used to commit or profit from these crimes can be seized and forfeited under federal civil forfeiture rules, with certain administrative duties assigned to officials the Secretary of Homeland Security, the Attorney General, or the Secretary of Defense names. Defined terms (one line each): applicable treaty — a list of international conventions: Hague, 16 December 1970; Montreal, 23 September 1971; U.N. General Assembly, 14 December 1973; U.N., 17 December 1979; Vienna, 26 October 1979; Montreal Protocol, 24 February 1988; Rome Protocol, 10 March 1988; U.N., 15 December 1997; U.N., 9 December 1999. Armed conflict — does not include riots, isolated acts of violence, or similar unrest. Biological weapon — certain microbes, biological agents, toxins, or delivery systems used for hostile purposes. Chemical weapon — toxic chemicals and precursors except for listed peaceful, protective, non‑chemical warfare, or law‑enforcement uses, plus munitions and equipment made to use them. Covered ship — a ship going into, through, or from waters beyond a single country’s territorial sea limit. Explosive material — as defined in sections 841(c) and 844(j). Infrastructure facility — as defined in section 2332f(e)(5). International organization — as defined in section 831(f)(3). Military forces of a state — armed forces organized and trained for national defense and their formally commanded support personnel. National of the United States — as defined in 8 U.S.C. 1101(a)(22). Non‑Proliferation Treaty — treaty done 1 July 1968 at Washington, London, and Moscow. Non‑Proliferation Treaty State Party — any State Party to that treaty, including Taiwan. Nuclear Weapon State Party to the NPT — a State Party that is a nuclear‑weapon state under the NPT. Place of public use — as defined in section 2332f(e)(6). Precursor — as defined in section 229F(6)(A). Public transport system — as defined in section 2332f(e)(7). Serious injury or damage — serious bodily injury; large destruction of public or government facilities, infrastructure, or transport causing major economic loss; or major environmental harm. Ship — any floating vessel not permanently attached to the sea‑bed, with listed exclusions for warships, certain government ships, and ships laid up. Source material and special fissionable material — as defined in the IAEA Statute dated 26 October 1956. Territorial sea of the United States — waters seaward to 12 nautical miles from U.S. baselines. Toxic chemical — as defined in section 229F(8)(A). Transport — to start, arrange, or control movement, including decision authority. United States (geographical) — includes Puerto Rico, the Northern Mariana Islands, and all U.S. territories and possessions.