PRIA, Government Policy, Made Personal

Summary

Helping or trying to help a foreign terrorist group's nuclear or other weapons-of-mass-destruction program is a federal crime. That can bring up to 20 years in prison. The United States can prosecute these crimes even if they happen outside the country. It is also a crime, without legal permission, to make, possess, try to make or possess, or threaten to use a radiological weapon against people in the U.S., U.S. citizens abroad, or U.S.-owned or used property anywhere. That crime can be punished by any term of years or by life in prison. The law defines four terms: nuclear weapons program — a plan to make or get nuclear weapons; weapons of mass destruction program — a plan to make or get WMDs; foreign terrorist power — a terrorist group or a state officially listed as such; nuclear weapon — any weapon that uses or contains nuclear material.

Title 18, §832

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Whoever, within the United States or subject to the jurisdiction of the United States, willfully participates in or knowingly provides material support or resources (as defined in section 2339A) to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.

(b)There is extraterritorial Federal jurisdiction over an offense under this section.

(c)Whoever without lawful authority develops, possesses, or attempts or conspires to develop or possess a radiological weapon, or threatens to use or uses a radiological weapon against any person within the United States, or a national of the United States while such national is outside of the United States or against any property that is owned, leased, funded, or used by the United States, whether that property is within or outside of the United States, shall be imprisoned for any term of years or for life.

(d)As used in this section—

(1)“nuclear weapons program” means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons;

(2)“weapons of mass destruction program” means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));

(3)“foreign terrorist power” means a terrorist organization designated under section 219 of the Immigration and Nationality Act, or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and

(4)“nuclear weapon” means any weapon that contains or uses nuclear material as defined in section 831(f)(1).1

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 219 of the Immigration and Nationality Act, referred to in subsec. (d)(3), is classified to section 1189 of Title 8, Aliens and Nationality. section 6(j) of the Export Administration Act of 1979, referred to in subsec. (d)(3), was classified to section 4605(j) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of Title 50, see section 4813(c) of Title 50, as enacted by Pub. L. 115–232. section 620A of the Foreign Assistance Act of 1961, referred to in subsec. (d)(3), is classified to section 2371 of Title 22, Foreign Relations and Intercourse. section 831(f)(1), referred to in subsec. (d)(4), was redesignated section 831(g)(1) by Pub. L. 114–23, title VIII, § 812(d), June 2, 2015, 129 Stat. 312.

Prior Provisions

A prior section 832, acts June 25, 1948, ch. 645, 62 Stat. 738; Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 809, related to transportation of explosives, radioactive materials, etiologic agents, and other dangerous articles, prior to repeal by Pub. L. 96–129, title II, § 216(b), Nov. 30, 1979, 93 Stat. 1015.

§832 Participation in Nuclear and Weapons of Mass Destruction Threats to the United States