§2281 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a federal crime to unlawfully and on purpose take over or attack a fixed platform. That includes seizing it by force or threat; doing violent acts likely to endanger it; destroying or damaging it; putting something on it that could destroy or endanger it; hurting or killing someone while doing those things; or trying or planning any of those acts. Threats to violently damage or destroy a platform, if made with clear intent, can bring a fine, up to 5 years in prison, or both. Federal courts can try these cases in the situations the law lists (such as on the U.S. continental shelf, on another country’s shelf by a U.S. national, to try to force the U.S., when a U.S. national is harmed, or when the offender is later found in the U.S.). Continental shelf = the sea-bed and subsoil beyond the territorial sea under Article 76 of the 1982 Law of the Sea Convention. Fixed platform = a permanent man-made structure attached to the sea-bed for resource work or other economic use. The law does not cover armed forces acting in war or military acts done as official duties. Federal prosecution is blocked for conduct inside the U.S. that was part of a labor dispute and is a state felony.

Title 18, §2281

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)(1)A person who unlawfully and intentionally—

(A)seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation;

(B)performs an act of violence against a person on board a fixed platform if that act is likely to endanger its safety;

(C)destroys a fixed platform or causes damage to it which is likely to endanger its safety;

(D)places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety;

(E)injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (D); or

(F)attempts or conspires to do anything prohibited under subparagraphs (A) through (E),

(2)A person who threatens to do anything prohibited under paragraph (1)(B) or (C), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safety of the fixed platform, shall be fined under this title, imprisoned not more than 5 years, or both.

(b)There is jurisdiction over the activity prohibited in subsection (a) if—

(1)such activity is committed against or on board a fixed platform—

(A)that is located on the continental shelf of the United States;

(B)that is located on the continental shelf of another country, by a national of the United States or by a stateless person whose habitual residence is in the United States; or

(C)in an attempt to compel the United States to do or abstain from doing any act;

(2)during the commission of such activity against or on board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured or killed; or

(3)such activity is committed against or on board a fixed platform located outside the United States and beyond the continental shelf of the United States and the offender is later found in the United States.

(c)It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term “labor dispute” has the meaning set forth in section 13(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(d)In this section—“continental shelf” means the sea-bed and subsoil of the submarine areas that extend beyond a country’s territorial sea to the limits provided by customary international law as reflected in Article 76 of the 1982 Convention on the Law of the Sea. “fixed platform” means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.

(e)This section does not apply to—

(1)the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or

(2)activities undertaken by military forces of a state in the exercise of their official duties.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (c). Pub. L. 114–23, § 803(1), substituted “section 13(c)” for “section 2(c)”. Subsec. (d). Pub. L. 114–23, § 803(2), struck out definitions of “national of the United States”, “territorial sea of the United States”, and “United States”. Subsec. (e). Pub. L. 114–23, § 803(3), added subsec. (e). 1996—Subsec. (a)(1)(F). Pub. L. 104–132 inserted “or conspires” after “attempts”. Subsec. (c). Pub. L. 104–294 inserted before period at end “, and the term ‘State’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 6, 1995, see section 60019(c)(1), (2)(B) of Pub. L. 103–322, set out as a note under section 2280 of this title. Definitions For definitions of terms used in this section, see section 2280(d) of this title.

Executive Documents

Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

§2281 Violence Against Maritime Fixed Platforms