§ 2311. Definitions

As used in this chapter: “Aircraft” means any contrivance now known or hereafter invented, used, or designed for navigation of or for flight in the air; “Cattle” means one or more bulls, steers, oxen, cows, heifers, or calves, or the carcass or carcasses thereof; “Livestock” means any domestic animals raised for home use, consumption, or profit, such as horses, pigs, llamas, goats, fowl, sheep, buffalo, and cattle, or the carcasses thereof; “Money” means the legal tender of the United States or of any foreign country, or any counterfeit thereof; “Motor vehicle” includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land but not on rails; “Securities” includes any note, stock certificate, bond, debenture, check, draft, warrant, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate; valid or blank motor vehicle title; certificate of interest in property, tangible or intangible; instrument or document or writing evidencing ownership of goods, wares, and merchandise, or transferring or assigning any right, title, or interest in or to goods, wares, and merchandise; or, in general, any instrument commonly known as a “security”, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, warrant, or right to subscribe to or purchase any of the foregoing, or any forged, counterfeited, or spurious representation of any of the foregoing; “Tax stamp” includes any tax stamp, tax token, tax meter imprint, or any other form of evidence of an obligation running to a State, or evidence of the discharge thereof; “Value” means the face, par, or market value, whichever is the greatest, and the aggregate value of all goods, wares, and merchandise, securities, and money referred to in a single indictment shall constitute the value thereof. “Vessel” means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.

§ 2312. Transportation of stolen vehicles

Whoever transports in interstate or foreign commerce a motor vehicle, vessel, or aircraft, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both.

§ 2313. Sale or receipt of stolen vehicles

• (a) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any motor vehicle, vessel, or aircraft, which has crossed a State or United States boundary after being stolen, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both.
• (b) For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

§ 2314. Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting

Whoever transports, transmits, or transfers in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud; or Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transports or causes to be transported, or induces any person or persons to travel in, or to be transported in interstate or foreign commerce in the execution or concealment of a scheme or artifice to defraud that person or those persons of money or property having a value of $5,000 or more; or Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce any falsely made, forged, altered, or counterfeited securities or tax stamps, knowing the same to have been falsely made, forged, altered, or counterfeited; or Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce any traveler’s check bearing a forged countersignature; or Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce, any tool, implement, or thing used or fitted to be used in falsely making, forging, altering, or counterfeiting any security or tax stamps, or any part thereof; or Whoever transports, transmits, or transfers in interstate or foreign commerce any veterans’ memorial object, knowing the same to have been stolen, converted or taken by fraud— Shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater. If the offense involves the transportation, transmission, or transfer in interstate or foreign commerce of veterans’ memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to any falsely made, forged, altered, counterfeited or spurious representation of an obligation or other security of the United States, or of an obligation, bond, certificate, security, treasury note, bill, promise to pay or bank note issued by any foreign government. This section also shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of any bank note or bill issued by a bank or corporation of any foreign country which is intended by the laws or usage of such country to circulate as money. For purposes of this section the term “veterans’ memorial object” means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance.

§ 2315. Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps

Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any goods, wares, or merchandise, securities, or money of the value of $5,000 or more, or pledges or accepts as security for a loan any goods, wares, or merchandise, or securities, of the value of $500 or more, which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken; or Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any falsely made, forged, altered, or counterfeited securities or tax stamps, or pledges or accepts as security for a loan any falsely made, forged, altered, or counterfeited securities or tax stamps, moving as, or which are a part of, or which constitute interstate or foreign commerce, knowing the same to have been so falsely made, forged, altered, or counterfeited; or Whoever receives in interstate or foreign commerce, or conceals, stores, barters, sells, or disposes of, any tool, implement, or thing used or intended to be used in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof, moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing that the same is fitted to be used, or has been used, in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof; or ‘Whoever 1 1 So in original. The quotation mark probably should not appear. receives, possesses, conceals, stores, barters, sells, or disposes of any veterans’ memorial object which has crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken—’ 1 Shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater. If the offense involves the receipt, possession, concealment, storage, barter, sale, or disposal of veterans’ memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of an obligation or other security of the United States or of an obligation, bond, certificate, security, treasury note, bill, promise to pay, or bank note, issued by any foreign government. This section also shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of any bank note or bill issued by a bank or corporation of any foreign country which is intended by the laws or usage of such country to circulate as money. For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. For purposes of this section the term “veterans’ memorial object” means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance.

§ 2316. Transportation of livestock

Whoever transports in interstate or foreign commerce any livestock, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than five years, or both.

§ 2317. Sale or receipt of livestock

Whoever receives, conceals, stores, barters, buys, sells, or disposes of any livestock, moving in or constituting a part of interstate or foreign commerce, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than five years, or both.

§ 2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging

• (a)
  • (1) 1 1 So in original. No par. (2) has been enacted. Whoever, in any of the circumstances described in subsection (c), knowingly traffics in—
    • (A) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany—
      • (i) a phonorecord;
      • (ii) a copy of a computer program;
      • (iii) a copy of a motion picture or other audiovisual work;
      • (iv) a copy of a literary work;
      • (v) a copy of a pictorial, graphic, or sculptural work;
      • (vi) a work of visual art; or
      • (vii) documentation or packaging; or
    • (B) counterfeit documentation or packaging,
• (b) As used in this section—
  • (1) the term “counterfeit label” means an identifying label or container that appears to be genuine, but is not;
  • (2) the term “traffic” has the same meaning as in section 2320(f) of this title ;
  • (3) the terms “copy”, “phonorecord”, “motion picture”, “computer program”, “audiovisual work”, “literary work”, “pictorial, graphic, or sculptural work”, “sound recording”, “work of visual art”, and “copyright owner” have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17;
  • (4) the term “illicit label” means a genuine certificate, licensing document, registration card, or similar labeling component—
    • (A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging is not counterfeit or infringing of any copyright; and
    • (B) that is, without the authorization of the copyright owner—
      • (i) distributed or intended for distribution not in connection with the copy, phonorecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner; or
      • (ii) in connection with a genuine certificate or licensing document, knowingly falsified in order to designate a higher number of licensed users or copies than authorized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner’s distribution channel and not for the purpose of verifying that a copy or phonorecord is noninfringing;
  • (5) the term “documentation or packaging” means documentation or packaging, in physical form, for a phonorecord, copy of a computer program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculptural work, or work of visual art; and
  • (6) the term “counterfeit documentation or packaging” means documentation or packaging that appears to be genuine, but is not.
• (c) The circumstances referred to in subsection (a) of this section are—
  • (1) the offense is committed within the special maritime and territorial jurisdiction of the United States; or within the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49 );
  • (2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense;
  • (3) the counterfeit label or illicit label is affixed to, encloses, or accompanies, or is designed to be affixed to, enclose, or accompany—
    • (A) a phonorecord of a copyrighted sound recording or copyrighted musical work;
    • (B) a copy of a copyrighted computer program;
    • (C) a copy of a copyrighted motion picture or other audiovisual work;
    • (D) a copy of a literary work;
    • (E) a copy of a pictorial, graphic, or sculptural work;
    • (F) a work of visual art; or
    • (G) copyrighted documentation or packaging; or
  • (4) the counterfeited documentation or packaging is copyrighted.
• (d) Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.
• (e)
  • (1) Any copyright owner who is injured, or is threatened with injury, by a violation of subsection (a) may bring a civil action in an appropriate United States district court.
  • (2) In any action brought under paragraph (1), the court—
    • (A) may grant 1 or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain a violation of subsection (a);
    • (B) at any time while the action is pending, may order the impounding, on such terms as the court determines to be reasonable, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of subsection (a); and
    • (C) may award to the injured party—
      • (i) reasonable attorney fees and costs; and
      • (ii)
        • (I) actual damages and any additional profits of the violator, as provided in paragraph (3); or
        • (II) statutory damages, as provided in paragraph (4).
  • (3)
    • (A) The injured party is entitled to recover—
      • (i) the actual damages suffered by the injured party as a result of a violation of subsection (a), as provided in subparagraph (B) of this paragraph; and
      • (ii) any profits of the violator that are attributable to a violation of subsection (a) and are not taken into account in computing the actual damages.
    • (B) The court shall calculate actual damages by multiplying—
      • (i) the value of the phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging, by
      • (ii) the number of phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging.
    • (C) For purposes of this paragraph, the “value” of a phonorecord, copy, or work of visual art is—
      • (i) in the case of a copyrighted sound recording or copyrighted musical work, the retail value of an authorized phonorecord of that sound recording or musical work;
      • (ii) in the case of a copyrighted computer program, the retail value of an authorized copy of that computer program;
      • (iii) in the case of a copyrighted motion picture or other audiovisual work, the retail value of an authorized copy of that motion picture or audiovisual work;
      • (iv) in the case of a copyrighted literary work, the retail value of an authorized copy of that literary work;
      • (v) in the case of a pictorial, graphic, or sculptural work, the retail value of an authorized copy of that work; and
      • (vi) in the case of a work of visual art, the retail value of that work.
  • (4) The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for each violation of subsection (a) in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate.
  • (5) The court may increase an award of damages under this subsection by 3 times the amount that would otherwise be awarded, as the court considers appropriate, if the court finds that a person has subsequently violated subsection (a) within 3 years after a final judgment was entered against that person for a violation of that subsection.
  • (6) A civil action may not be commenced under this subsection unless it is commenced within 3 years after the date on which the claimant discovers the violation of subsection (a).

§ 2319. Criminal infringement of a copyright

• (a) Any person who violates section 506(a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b), (c), and (d) and such penalties shall be in addition to any other provisions of title 17 or any other law.
• (b) Any person who commits an offense under section 506(a)(1)(A) of title 17 —
  • (1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
  • (2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
  • (3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.
• (c) Any person who commits an offense under section 506(a)(1)(B) of title 17 —
  • (1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;
  • (2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
  • (3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.
• (d) Any person who commits an offense under section 506(a)(1)(C) of title 17 —
  • (1) shall be imprisoned not more than 3 years, fined under this title, or both;
  • (2) shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private financial gain;
  • (3) shall be imprisoned not more than 6 years, fined under this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
  • (4) shall be imprisoned not more than 10 years, fined under this title, or both, if the offense is a felony and is a second or subsequent offense under paragraph (2).
• (e)
  • (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
  • (2) Persons permitted to submit victim impact statements shall include—
    • (A) producers and sellers of legitimate works affected by conduct involved in the offense;
    • (B) holders of intellectual property rights in such works; and
    • (C) the legal representatives of such producers, sellers, and holders.
• (f) As used in this section—
  • (1) the terms “phonorecord” and “copies” have, respectively, the meanings set forth in section 101 (relating to definitions) of title 17;
  • (2) the terms “reproduction” and “distribution” refer to the exclusive rights of a copyright owner under clauses (1) and (3) respectively of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 122, of title 17;
  • (3) the term “financial gain” has the meaning given the term in section 101 of title 17 ; and
  • (4) the term “work being prepared for commercial distribution” has the meaning given the term in section 506(a) of title 17 .

§ 2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances

• (a) Whoever, without the consent of the performer or performers involved, knowingly and for purposes of commercial advantage or private financial gain—
  • (1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation;
  • (2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance; or
  • (3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States;
• (b) Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.
• (c) If copies or phonorecords of sounds or sounds and images of a live musical performance are fixed outside of the United States without the consent of the performer or performers involved, such copies or phonorecords are subject to seizure and forfeiture in the United States in the same manner as property imported in violation of the customs laws. The Secretary of Homeland Security shall issue regulations by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection of the importation of copies or phonorecords that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance.
• (d)
  • (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
  • (2) Persons permitted to submit victim impact statements shall include—
    • (A) producers and sellers of legitimate works affected by conduct involved in the offense;
    • (B) holders of intellectual property rights in such works; and
    • (C) the legal representatives of such producers, sellers, and holders.
• (e) As used in this section—
  • (1) the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and
  • (2) the term “traffic” has the same meaning as in section 2320(e) 1 1 See References in Text note below. of this title.
• (f) This section shall apply to any Act or Acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act.

§ 2319B. Unauthorized recording of Motion pictures in a Motion picture exhibition facility

• (a) Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility, shall—
  • (1) be imprisoned for not more than 3 years, fined under this title, or both; or
  • (2) if the offense is a second or subsequent offense, be imprisoned for no more than 6 years, fined under this title, or both.
• (b) Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.
• (c) This section does not prevent any lawfully authorized investigative, protective, or intelligence activity by an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or by a person acting under a contract with the United States, a State, or a political subdivision of a State.
• (d) With reasonable cause, the owner or lessee of a motion picture exhibition facility where a motion picture or other audiovisual work is being exhibited, the authorized agent or employee of such owner or lessee, the licensor of the motion picture or other audiovisual work being exhibited, or the agent or employee of such licensor—
  • (1) may detain, in a reasonable manner and for a reasonable time, any person suspected of a violation of this section with respect to that motion picture or audiovisual work for the purpose of questioning or summoning a law enforcement officer; and
  • (2) shall not be held liable in any civil or criminal action arising out of a detention under paragraph (1).
• (e)
  • (1) During the preparation of the presentence report under rule 32(c) of the Federal Rules of Criminal Procedure, victims of an offense under this section shall be permitted to submit to the probation officer a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
  • (2) A victim impact statement submitted under this subsection shall include—
    • (A) producers and sellers of legitimate works affected by conduct involved in the offense;
    • (B) holders of intellectual property rights in the works described in subparagraph (A); and
    • (C) the legal representatives of such producers, sellers, and holders.
• (f) Nothing in this section may be construed to annul or limit any rights or remedies under the laws of any State.
• (g) In this section, the following definitions shall apply:
  • (1) The terms “audiovisual work”, “copy”, “copyright owner”, “motion picture”, “motion picture exhibition facility”, and “transmit” have, respectively, the meanings given those terms in section 101 of title 17 .
  • (2) The term “audiovisual recording device” means a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device.

§ 2320. Trafficking in counterfeit goods or services

• (a) Whoever intentionally—
  • (1) traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services,
  • (2) traffics in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive,
  • (3) traffics in goods or services knowing that such good or service is a counterfeit military good or service the use, malfunction, or failure of which is likely to cause serious bodily injury or death, the disclosure of classified information, impairment of combat operations, or other significant harm to a combat operation, a member of the Armed Forces, or to national security, or
  • (4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug,
• (b)
  • (1) Whoever commits an offense under subsection (a)—
    • (A) if an individual, shall be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, shall be fined not more than $5,000,000; and
    • (B) for a second or subsequent offense under subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000.
  • (2)
    • (A) Whoever knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned for not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000.
    • (B) Whoever knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned for any term of years or for life, or both, and if other than an individual, shall be fined not more than $15,000,000.
  • (3) Whoever commits an offense under subsection (a) involving a counterfeit military good or service or drug that uses a counterfeit mark on or in connection with the drug—
    • (A) if an individual, shall be fined not more than $5,000,000, imprisoned not more than 20 years, or both, and if other than an individual, be fined not more than $15,000,000; and
    • (B) for a second or subsequent offense, if an individual, shall be fined not more than $15,000,000, imprisoned not more than 30 years, or both, and if other than an individual, shall be fined not more than $30,000,000.
• (c) Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.
• (d) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense.
• (e)
  • (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
  • (2) Persons permitted to submit victim impact statements shall include—
    • (A) producers and sellers of legitimate goods or services affected by conduct involved in the offense;
    • (B) holders of intellectual property rights in such goods or services; and
    • (C) the legal representatives of such producers, sellers, and holders.
• (f) For the purposes of this section—
  • (1) the term “counterfeit mark” means—
    • (A) a spurious mark—
      • (i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature;
      • (ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered;
      • (iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and
      • (iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or
    • (B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220506 of title 36 ;
  • (2) the term “financial gain” includes the receipt, or expected receipt, of anything of value;
  • (3) the term “Lanham Act” means the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 ( 15 U.S.C. 1051 et seq.);
  • (4) the term “counterfeit military good or service” means a good or service that uses a counterfeit mark on or in connection with such good or service and that—
    • (A) is falsely identified or labeled as meeting military specifications, or
    • (B) is intended for use in a military or national security application;
  • (5) the term “traffic” means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of; and
  • (6) the term “drug” means a drug, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).
• (g) Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.
• (h)
  • (1) Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28 , an accounting, on a district by district basis, of the following with respect to all actions taken by the Department of Justice that involve trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of this title ), criminal infringement of copyrights (as defined in section 2319 of this title ), unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances (as defined in section 2319A of this title ), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of this title ):
    • (A) The number of open investigations.
    • (B) The number of cases referred by the United States Customs Service.
    • (C) The number of cases referred by other agencies or sources.
    • (D) The number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, 2319A, and 2320 of title 18.
  • (2)
    • (A) The report under paragraph (1), with respect to criminal infringement of copyright, shall include the following:
      • (i) The number of infringement cases in these categories: audiovisual (videos and films); audio (sound recordings); literary works (books and musical compositions); computer programs; video games; and, others.
      • (ii) The number of online infringement cases.
      • (iii) The number and dollar amounts of fines assessed in specific categories of dollar amounts. These categories shall be: no fines ordered; fines under $500; fines from $500 to $1,000; fines from $1,000 to $5,000; fines from $5,000 to $10,000; and fines over $10,000.
      • (iv) The total amount of restitution ordered in all copyright infringement cases.
    • (B) In this paragraph, the term “online infringement cases” as used in paragraph (2) means those cases where the infringer—
      • (i) advertised or publicized the infringing work on the Internet; or
      • (ii) made the infringing work available on the Internet for download, reproduction, performance, or distribution by other persons.
    • (C) The information required under subparagraph (A) shall be submitted in the report required in fiscal year 2005 and thereafter.
• (i) No goods or services, the trafficking in of which is prohibited by this section, shall be transshipped through or exported from the United States. Any such transshipment or exportation shall be deemed a violation of section 42 of an Act to provide for the registration of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 (commonly referred to as the “Trademark Act of 1946” or the “Lanham Act”).

§ 2321. Trafficking in certain motor vehicles or motor vehicle parts

• (a) Whoever buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, a motor vehicle or motor vehicle part, knowing that an identification number for such motor vehicle or part has been removed, obliterated, tampered with, or altered, shall be fined under this title or imprisoned not more than ten years, or both.
• (b) Subsection (a) does not apply if the removal, obliteration, tampering, or alteration—
  • (1) is caused by collision or fire; or
  • (2) is not a violation of section 511 of this title .
• (c) As used in this section, the terms “identification number” and “motor vehicle” have the meaning given those terms in section 511 of this title .

§ 2322. Chop shops

• (a)
  • (1) Any person who knowingly owns, operates, maintains, or controls a chop shop or conducts operations in a chop shop shall be punished by a fine under this title or by imprisonment for not more than 15 years, or both. If a conviction of a person under this paragraph is for a violation committed after the first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to any fine and imprisonment.
  • (2) The Attorney General shall, as appropriate, in the case of any person who violates paragraph (1), commence a civil action for permanent or temporary injunction to restrain such violation.
• (b) For purposes of this section, the term “chop shop” means any building, lot, facility, or other structure or premise where one or more persons engage in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing any passenger motor vehicle or passenger motor vehicle part which has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number or derivative thereof, of such vehicle or vehicle part and to distribute, sell, or dispose of such vehicle or vehicle part in interstate or foreign commerce.

§ 2323. Forfeiture, destruction, and restitution

• (a)
  • (1) The following property is subject to forfeiture to the United States Government:
    • (A) Any article, the making or trafficking of which is, prohibited under section 506 of title 17 , or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title.
    • (B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A).
    • (C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A).
  • (2) The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the forfeiture proceedings, unless otherwise requested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law.
• (b)
  • (1) The court, in imposing sentence on a person convicted of an offense under section 506 of title 17 , or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, shall order, in addition to any other sentence imposed, that the person forfeit to the United States Government any property subject to forfeiture under subsection (a) for that offense.
  • (2)
    • (A) The forfeiture of property under paragraph (1), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ), other than subsection (d) of that section.
    • (B) At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States shall order that any—
      • (i) forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law; and
      • (ii) infringing items or other property described in subsection (a)(1)(A) and forfeited under paragraph (1) of this subsection be destroyed or otherwise disposed of according to law.
• (c) When a person is convicted of an offense under section 506 of title 17 or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, the court, pursuant to sections 3556, 3663A, and 3664 of this title, shall order the person to pay restitution to any victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii) of this title .

§ 2325. Definition

In this chapter, the term “telemarketing or email marketing”—

• (1) means a plan, program, promotion, or campaign that is conducted to induce—
  • (A) purchases of goods or services;
  • (B) participation in a contest or sweepstakes;
  • (C) a charitable contribution, donation, or gift of money or any other thing of value;
  • (D) investment for financial profit;
  • (E) participation in a business opportunity;
  • (F) commitment to a loan; or
  • (G) participation in a fraudulent medical study, research study, or pilot study,
• (2) does not include the solicitation through the posting, publication, or mailing of a catalog or brochure that—
  • (A) contains a written description or illustration of the goods, services, or other opportunities being offered;
  • (B) includes the business address of the solicitor;
  • (C) includes multiple pages of written material or illustration; and
  • (D) has been issued not less frequently than once a year,

§ 2326. Enhanced penalties

A person who is convicted of an offense under section 1028, 1029, 1341, 1342, 1343, 1344, or 1347 or section 1128B of the Social Security Act ( 42 U.S.C. 1320a–7b ), or a conspiracy to commit such an offense, in connection with the conduct of telemarketing or email marketing—

• (1) shall be imprisoned for a term of up to 5 years in addition to any term of imprisonment imposed under any of those sections, respectively; and
• (2) in the case of an offense under any of those sections that—
  • (A) victimized ten or more persons over the age of 55; or
  • (B) targeted persons over the age of 55,

§ 2327. Mandatory restitution

• (a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution to all victims of any offense for which an enhanced penalty is provided under section 2326.
• (b)
  • (1) The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
  • (2) An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
  • (3) For purposes of this subsection, the term “full amount of the victim’s losses” means all losses suffered by the victim as a proximate result of the offense.
  • (4)
    • (A) The issuance of a restitution order under this section is mandatory.
    • (B) A court may not decline to issue an order under this section because of—
      • (i) the economic circumstances of the defendant; or
      • (ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.
• (c) In this section, the term “victim” has the meaning given that term in section 3663A(a)(2).

§ 2328. Mandatory forfeiture

• (a) The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States—
  • (1) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and
  • (2) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.
• (b) The procedures set forth in section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.

§ 2331. Definitions

As used in this chapter—

• (1) the term “international terrorism” means activities that—
  • (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;
  • (B) appear to be intended—
    • (i) to intimidate or coerce a civilian population;
    • (ii) to influence the policy of a government by intimidation or coercion; or
    • (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
  • (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum;
• (2) the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act;
• (3) the term “person” means any individual or entity capable of holding a legal or beneficial interest in property;
• (4) the term “act of war” means any act occurring in the course of—
  • (A) declared war;
  • (B) armed conflict, whether or not war has been declared, between two or more nations; or
  • (C) armed conflict between military forces of any origin;
• (5) the term “domestic terrorism” means activities that—
  • (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
  • (B) appear to be intended—
    • (i) to intimidate or coerce a civilian population;
    • (ii) to influence the policy of a government by intimidation or coercion; or
    • (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
  • (C) occur primarily within the territorial jurisdiction of the United States; and
• (6) the term “military force” does not include any person that—
  • (A) has been designated as a—
    • (i) foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or
    • (ii) specially designated global terrorist (as such term is defined in section 594.310 of title 31, Code of Federal Regulations) by the Secretary of State or the Secretary of the Treasury; or
  • (B) has been determined by the court to not be a “military force”.

§ 2332. Criminal penalties

• (a) Whoever kills a national of the United States, while such national is outside the United States, shall—
  • (1) if the killing is murder (as defined in section 1111(a)), be fined under this title, punished by death or imprisonment for any term of years or for life, or both;
  • (2) if the killing is a voluntary manslaughter as defined in section 1112(a) of this title , be fined under this title or imprisoned not more than ten years, or both; and
  • (3) if the killing is an involuntary manslaughter as defined in section 1112(a) of this title , be fined under this title or imprisoned not more than three years, or both.
• (b) Whoever outside the United States attempts to kill, or engages in a conspiracy to kill, a national of the United States shall—
  • (1) in the case of an attempt to commit a killing that is a murder as defined in this chapter, be fined under this title or imprisoned not more than 20 years, or both; and
  • (2) in the case of a conspiracy by two or more persons to commit a killing that is a murder as defined in section 1111(a) of this title , if one or more of such persons do any overt act to effect the object of the conspiracy, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned.
• (c) Whoever outside the United States engages in physical violence—
  • (1) with intent to cause serious bodily injury to a national of the United States; or
  • (2) with the result that serious bodily injury is caused to a national of the United States;
• (d) No prosecution for any offense described in this section shall be undertaken by the United States except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.

§ 2332a. Use of weapons of mass destruction

• (a) A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction—
  • (1) against a national of the United States while such national is outside of the United States;
  • (2) against any person or property within the United States, and
    • (A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
    • (B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
    • (C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or
    • (D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;
  • (3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States; or
  • (4) against any property within the United States that is owned, leased, or used by a foreign government,
• (b) Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.
• (c) For purposes of this section—
  • (1) the term “national of the United States” has the meaning given in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) );
  • (2) the term “weapon of mass destruction” means—
    • (A) any destructive device as defined in section 921 of this title ;
    • (B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
    • (C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title ); or
    • (D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and
  • (3) the term “property” includes all real and personal property.

§ 2332b. Acts of terrorism transcending national boundaries

• (a)
  • (1) Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)—
    • (A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or
    • (B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;
  • (2) Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished under subsection (c).
• (b)
  • (1) The circumstances referred to in subsection (a) are—
    • (A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
    • (B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated;
    • (C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States;
    • (D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States;
    • (E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or
    • (F) the offense is committed within the special maritime and territorial jurisdiction of the United States.
  • (2) Jurisdiction shall exist over all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender.
• (c)
  • (1) Whoever violates this section shall be punished—
    • (A) for a killing, or if death results to any person from any other conduct prohibited by this section, by death, or by imprisonment for any term of years or for life;
    • (B) for kidnapping, by imprisonment for any term of years or for life;
    • (C) for maiming, by imprisonment for not more than 35 years;
    • (D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years;
    • (E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years;
    • (F) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and
    • (G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years.
  • (2) Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; nor shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment.
• (d) The following shall apply to prosecutions under this section:
  • (1) The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment.
  • (2) In a prosecution under this section that is based upon the adoption of State law, only the elements of the offense under State law, and not any provisions pertaining to criminal procedure or evidence, are adopted.
• (e) There is extraterritorial Federal jurisdiction—
  • (1) over any offense under subsection (a), including any threat, attempt, or conspiracy to commit such offense; and
  • (2) over conduct which, under section 3, renders any person an accessory after the fact to an offense under subsection (a).
• (f) In addition to any other investigative authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all Federal crimes of terrorism, and any violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of this title, and the Secretary of the Treasury shall assist the Attorney General at the request of the Attorney General. Nothing in this section shall be construed to interfere with the authority of the United States Secret Service under section 3056.
• (g) As used in this section—
  • (1) the term “conduct transcending national boundaries” means conduct occurring outside of the United States in addition to the conduct occurring in the United States;
  • (2) the term “facility of interstate or foreign commerce” has the meaning given that term in section 1958(b)(2);
  • (3) the term “serious bodily injury” has the meaning given that term in section 1365(g)(3); 1 1 See References in Text note below.
  • (4) the term “territorial sea of the United States” means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; and
  • (5) the term “Federal crime of terrorism” means an offense that—
    • (A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and
    • (B) is a violation of—
      • (i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 or 175b (relating to biological weapons), 175c (relating to variola virus), 229 (relating to chemical weapons), subsection (a), (b), (c), or (d) of section 351 (relating to congressional, cabinet, and Supreme Court assassination and kidnaping), 831 (relating to nuclear materials), 832 (relating to participation in nuclear and weapons of mass destruction threats to the United States) 2 2 So in original. Probably should be followed by a comma. 842(m) or (n) (relating to plastic explosives), 844(f)(2) or (3) (relating to arson and bombing of Government property risking or causing death), 844(i) (relating to arson and bombing of property used in interstate commerce), 930(c) (relating to killing or attempted killing during an attack on a Federal facility with a dangerous weapon), 956(a)(1) (relating to conspiracy to murder, kidnap, or maim persons abroad), 1030(a)(1) (relating to protection of computers), 1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI) (relating to protection of computers), 1114 (relating to killing or attempted killing of officers and employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1361 (relating to government property or contracts), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366(a) (relating to destruction of an energy facility), 1751(a), (b), (c), or (d) (relating to Presidential and Presidential staff assassination and kidnaping), 1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air), 2155 (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to national defense material, premises, or utilities), 2280 (relating to violence against maritime navigation), 2280a (relating to maritime safety), 2281 through 2281a (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2332f (relating to bombing of public places and facilities), 2332g (relating to missile systems designed to destroy aircraft), 2332h (relating to radiological dispersal devices), 2332i (relating to acts of nuclear terrorism), 2339 (relating to harboring terrorists), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), 2339C (relating to financing of terrorism), 2339D (relating to military-type training from a foreign terrorist organization), or 2340A (relating to torture) of this title;
      • (ii) sections 92 (relating to prohibitions governing atomic weapons) or 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 or 2284);
      • (iii) section 46502 (relating to aircraft piracy), the second sentence of section 46504 (relating to assault on a flight crew with a dangerous weapon), section 46505(b)(3) or (c) (relating to explosive or incendiary devices, or endangerment of human life by means of weapons, on aircraft), section 46506 if homicide or attempted homicide is involved (relating to application of certain criminal laws to acts on aircraft), or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49; or
      • (iv) section 1010A of the Controlled Substances Import and Export Act (relating to narco-terrorism).

§ 2332d. Financial transactions

• (a) Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) 1 1 See References in Text note below. of the Export Administration Act of 1979 (50 U.S.C. App. 2405) as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be fined under this title, imprisoned for not more than 10 years, or both.
• (b) As used in this section—
  • (1) the term “financial transaction” has the same meaning as in section 1956(c)(4); and
  • (2) the term “United States person” means any—
    • (A) United States citizen or national;
    • (B) permanent resident alien;
    • (C) juridical person organized under the laws of the United States; or
    • (D) any person in the United States.

§ 2332e. Requests for military assistance to enforce prohibition in certain emergencies

The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 1 1 See References in Text note below. in support of Department of Justice activities relating to the enforcement of section 2332a of this title during an emergency situation involving a weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10 . 1

§ 2332f. Bombings of places of public use, government facilities, public transportation systems and infrastructure facilities

• (a)
  • (1) Whoever unlawfully delivers, places, discharges, or detonates an explosive or other lethal device in, into, or against a place of public use, a state or government facility, a public transportation system, or an infrastructure facility—
    • (A) with the intent to cause death or serious bodily injury, or
    • (B) with the intent to cause extensive destruction of such a place, facility, or system, where such destruction results in or is likely to result in major economic loss,
  • (2) Whoever attempts or conspires to commit an offense under paragraph (1) shall be punished as prescribed in subsection (c).
• (b) There is jurisdiction over the offenses in subsection (a) if—
  • (1) the offense takes place in the United States and—
    • (A) the offense is committed against another state or a government facility of such state, including its embassy or other diplomatic or consular premises of that state;
    • (B) the offense is committed in an attempt to compel another state or the United States to do or abstain from doing any act;
    • (C) at the time the offense is committed, it is committed—
      • (i) on board a vessel flying the flag of another state;
      • (ii) on board an aircraft which is registered under the laws of another state; or
      • (iii) on board an aircraft which is operated by the government of another state;
    • (D) a perpetrator is found outside the United States;
    • (E) a perpetrator is a national of another state or a stateless person; or
    • (F) a victim is a national of another state or a stateless person;
  • (2) the offense takes place outside the United States and—
    • (A) a perpetrator is a national of the United States or is a stateless person whose habitual residence is in the United States;
    • (B) a victim is a national of the United States;
    • (C) a perpetrator is found in the United States;
    • (D) the offense is committed in an attempt to compel the United States to do or abstain from doing any act;
    • (E) the offense is committed against a state or government facility of the United States, including an embassy or other diplomatic or consular premises of the United States;
    • (F) the offense is committed on board a vessel flying the flag of the United States or an aircraft which is registered under the laws of the United States at the time the offense is committed; or
    • (G) the offense is committed on board an aircraft which is operated by the United States.
• (c) Whoever violates this section shall be punished as provided under section 2332a(a) of this title .
• (d) 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,
  • (2) activities undertaken by military forces of a state in the exercise of their official duties; or
  • (3) offenses committed within the United States, where the alleged offender and the victims are United States citizens and the alleged offender is found in the United States, or where jurisdiction is predicated solely on the nationality of the victims or the alleged offender and the offense has no substantial effect on interstate or foreign commerce.
• (e) As used in this section, the term—
  • (1) “serious bodily injury” has the meaning given that term in section 1365(g)(3) of this title ; 1 1 See References in Text note below.
  • (2) “national of the United States” has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) );
  • (3) “state or government facility” includes any permanent or temporary facility or conveyance that is used or occupied by representatives of a state, members of Government, the legislature or the judiciary or by officials or employees of a state or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties;
  • (4) “intergovernmental organization” includes international organization (as defined in section 1116(b)(5) of this title );
  • (5) “infrastructure facility” means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewage, energy, fuel, or communications;
  • (6) “place of public use” means those parts of any building, land, street, waterway, or other location that are accessible or open to members of the public, whether continuously, periodically, or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or similar place that is so accessible or open to the public;
  • (7) “public transportation system” means all facilities, conveyances, and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of persons or cargo;
  • (8) “explosive” has the meaning given in section 844(j) of this title insofar that it is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage;
  • (9) “other lethal device” means any weapon or device that is designed or has the capability to cause death, serious bodily injury, or substantial damage to property through the release, dissemination, or impact of toxic chemicals, biological agents, or toxins (as those terms are defined in section 178 of this title ) or radiation or radioactive material;
  • (10) “military forces of a state” means the armed forces of a state which are organized, trained, and equipped under its internal law for the primary purpose of national defense or security, and persons acting in support of those armed forces who are under their formal command, control, and responsibility;
  • (11) “armed conflict” does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; and
  • (12) “state” has the same meaning as that term has under international law, and includes all political subdivisions thereof.

§ 2332g. Missile systems designed to destroy aircraft

• (a)
  • (1) Except as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use—
    • (A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to—
      • (i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or
      • (ii) otherwise direct or guide the rocket or missile to an aircraft;
    • (B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or
    • (C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B).
  • (2) Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon.
  • (3) This subsection does not apply with respect to—
    • (A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or
    • (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof.
• (b) Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
  • (1) the offense occurs in or affects interstate or foreign commerce;
  • (2) the offense occurs outside of the United States and is committed by a national of the United States;
  • (3) the offense is committed against a national of the United States while the national is outside the United States;
  • (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
  • (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
• (c)
  • (1) Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.
  • (2) Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life.
  • (3) If the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.
• (d) As used in this section, the term “aircraft” has the definition set forth in section 40102(a)(6) of title 49 , United States Code.

§ 2332h. Radiological dispersal devices

• (a)
  • (1) Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use—
    • (A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or
    • (B) any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity.
  • (2) This subsection does not apply with respect to—
    • (A) conduct by or under the authority of the United States or any department or agency thereof; or
    • (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof.
• (b) Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
  • (1) the offense occurs in or affects interstate or foreign commerce;
  • (2) the offense occurs outside of the United States and is committed by a national of the United States;
  • (3) the offense is committed against a national of the United States while the national is outside the United States;
  • (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
  • (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
• (c)
  • (1) Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.
  • (2) Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life.
  • (3) If the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.

§ 2332i. Acts of nuclear terrorism

• (a)
  • (1) Whoever knowingly and unlawfully—
    • (A) possesses radioactive material or makes or possesses a device—
      • (i) with the intent to cause death or serious bodily injury; or
      • (ii) with the intent to cause substantial damage to property or the environment; or
    • (B) uses in any way radioactive material or a device, or uses or damages or interferes with the operation of a nuclear facility in a manner that causes the release of or increases the risk of the release of radioactive material, or causes radioactive contamination or exposure to radiation—
      • (i) with the intent to cause death or serious bodily injury or with the knowledge that such act is likely to cause death or serious bodily injury;
      • (ii) with the intent to cause substantial damage to property or the environment or with the knowledge that such act is likely to cause substantial damage to property or the environment; or
      • (iii) with the intent to compel a person, an international organization or a country to do or refrain from doing an act,
  • (2) Whoever, under circumstances in which the threat may reasonably be believed, threatens to commit an offense under paragraph (1) shall be punished as prescribed in subsection (c). Whoever demands possession of or access to radioactive material, a device or a nuclear facility by threat or by use of force shall be punished as prescribed in subsection (c).
  • (3) Whoever attempts to commit an offense under paragraph (1) or conspires to commit an offense under paragraph (1) or (2) shall be punished as prescribed in subsection (c).
• (b) Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
  • (1) the prohibited conduct takes place in the United States or the special aircraft jurisdiction of the United States;
  • (2) the prohibited conduct takes place outside of the United States and—
    • (A) is committed by a national of the United States, a United States corporation or legal entity or a stateless person whose habitual residence is in the United States;
    • (B) is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46 ) or on board an aircraft that is registered under United States law, at the time the offense is committed; or
    • (C) is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States;
  • (3) the prohibited conduct takes place outside of the United States and a victim or an intended victim is a national of the United States or a United States corporation or legal entity, or the offense is committed against any state or government facility of the United States; or
  • (4) a perpetrator of the prohibited conduct is found in the United States.
• (c) Whoever violates this section shall be fined not more than $2,000,000 and shall be imprisoned for any term of years or for life.
• (d) 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.
• (e) As used in this section, the term—
  • (1) “armed conflict” has the meaning given that term in section 2332f(e)(11) of this title ;
  • (2) “device” means:
    • (A) any nuclear explosive device; or
    • (B) any radioactive material dispersal or radiation-emitting device that may, owing to its radiological properties, cause death, serious bodily injury or substantial damage to property or the environment;
  • (3) “international organization” has the meaning given that term in section 831(f)(3) 1 1 See References in Text note below. of this title;
  • (4) “military forces of a state” means the armed forces of a country that are organized, trained and equipped under its internal law for the primary purpose of national defense or security and persons acting in support of those armed forces who are under their formal command, control and responsibility;
  • (5) “national of the United States” has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) );
  • (6) “nuclear facility” means:
    • (A) any nuclear reactor, including reactors on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose;
    • (B) any plant or conveyance being used for the production, storage, processing or transport of radioactive material; or
    • (C) a facility (including associated buildings and equipment) in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;
  • (7) “nuclear material” has the meaning given that term in section 831(f)(1) 1 of this title;
  • (8) “radioactive material” means nuclear material and other radioactive substances that contain nuclides that undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and that may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment;
  • (9) “serious bodily injury” has the meaning given that term in section 831(f)(4) 1 of this title;
  • (10) “state” has the same meaning as that term has under international law, and includes all political subdivisions thereof;
  • (11) “state or government facility” has the meaning given that term in section 2332f(e)(3) of this title ;
  • (12) “United States corporation or legal entity” means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession or district of the United States;
  • (13) “vessel” has the meaning given that term in section 1502(19) of title 33 ; 1 and
  • (14) “vessel of the United States” has the meaning given that term in section 70502 of title 46 .

§ 2333. Civil remedies

• (a) Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees.
• (b) A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 1116, 1201, 1203, or 2332 of this title or section 46314, 46502, 46505, or 46506 of title 49 shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section.
• (c) A final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall, to the extent that such judgment or decree may be accorded full faith and credit under the law of the United States, estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section.
• (d)
  • (1) In this subsection, the term “person” has the meaning given the term in section 1 of title 1 .
  • (2) In an action under subsection (a) for an injury arising from an act of international terrorism committed, planned, or authorized by an organization that had been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), as of the date on which such act of international terrorism was committed, planned, or authorized, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.
• (e) For purposes of section 201 of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 note), in any action in which a national of the United States has obtained a judgment against a terrorist party pursuant to this section, the term “blocked asset” shall include any asset of that terrorist party (including the blocked assets of any agency or instrumentality of that party) seized or frozen by the United States under section 805(b) of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1904(b) ).

§ 2334. Jurisdiction and venue

• (a) Any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district where any plaintiff resides or where any defendant resides or is served, or has an agent. Process in such a civil action may be served in any district where the defendant resides, is found, or has an agent.
• (b) If the actions giving rise to the claim occurred within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of this title , then any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district in which any plaintiff resides or the defendant resides, is served, or has an agent.
• (c) A witness in a civil action brought under section 2333 of this title may be served in any other district where the defendant resides, is found, or has an agent.
• (d) The district court shall not dismiss any action brought under section 2333 of this title on the grounds of the inconvenience or inappropriateness of the forum chosen, unless—
  • (1) the action may be maintained in a foreign court that has jurisdiction over the subject matter and over all the defendants;
  • (2) that foreign court is significantly more convenient and appropriate; and
  • (3) that foreign court offers a remedy which is substantially the same as the one available in the courts of the United States.
• (e)
  • (1) Except as provided in paragraph (2), for purposes of any civil action under section 2333 of this title , a defendant shall be deemed to have consented to personal jurisdiction in such civil action if, regardless of the date of the occurrence of the act of international terrorism upon which such civil action was filed, the defendant—
    • (A) after the date that is 120 days after the date of the enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019, makes any payment, directly or indirectly—
      • (i) to any payee designated by any individual who, after being fairly tried or pleading guilty, has been imprisoned for committing any act of terrorism that injured or killed a national of the United States, if such payment is made by reason of such imprisonment; or
      • (ii) to any family member of any individual, following such individual’s death while committing an act of terrorism that injured or killed a national of the United States, if such payment is made by reason of the death of such individual; or
    • (B) after 15 days after the date of enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019—
      • (i) continues to maintain any office, headquarters, premises, or other facilities or establishments in the United States;
      • (ii) establishes or procures any office, headquarters, premises, or other facilities or establishments in the United States; or
      • (iii) conducts any activity while physically present in the United States on behalf of the Palestine Liberation Organization or the Palestinian Authority.
  • (2) Paragraph (1) shall not apply to any defendant who ceases to engage in the conduct described in paragraphs (1)(A) and (1)(B) for 5 consecutive calendar years. Except with respect to payments described in paragraph (1)(A), no court may consider the receipt of any assistance by a nongovernmental organization, whether direct or indirect, as a basis for consent to jurisdiction by a defendant.
  • (3) In determining whether a defendant shall be deemed to have consented to personal jurisdiction under paragraph (1)(B), no court may consider—
    • (A) any office, headquarters, premises, or other facility or establishment used exclusively for the purpose of conducting official business of the United Nations;
    • (B) any activity undertaken exclusively for the purpose of conducting official business of the United Nations;
    • (C) any activity involving officials of the United States that the Secretary of State determines is in the national interest of the United States if the Secretary reports to the appropriate congressional committees annually on the use of the authority under this subparagraph;
    • (D) any activity undertaken exclusively for the purpose of meetings with officials of the United States or other foreign governments, or participation in training and related activities funded or arranged by the United States Government;
    • (E) any activity related to legal representation—
      • (i) for matters related to activities described in this paragraph;
      • (ii) for the purpose of adjudicating or resolving claims filed in courts of the United States; or
      • (iii) to comply with this subsection; or
    • (F) any personal or official activities conducted ancillary to activities listed under this paragraph.
  • (4) Notwithstanding any other law (including any treaty), any office, headquarters, premises, or other facility or establishment within the territory of the United States that is not specifically exempted by paragraph (3)(A) shall be considered to be in the United States for purposes of paragraph (1)(B).
  • (5) In this subsection, the term “defendant” means—
    • (A) the Palestinian Authority;
    • (B) the Palestine Liberation Organization;
    • (C) any organization or other entity that is a successor to or affiliated with the Palestinian Authority or the Palestine Liberation Organization; or
    • (D) any organization or other entity that—
      • (i) is identified in subparagraph (A), (B), or (C); and
      • (ii) self identifies as, holds itself out to be, or carries out conduct in the name of, the “State of Palestine” or “Palestine” in connection with official business of the United Nations.

§ 2335. Limitation of actions

• (a) Subject to subsection (b), a suit for recovery of damages under section 2333 of this title shall not be maintained unless commenced within 10 years after the date the cause of action accrued.
• (b) The time of the absence of the defendant from the United States or from any jurisdiction in which the same or a similar action arising from the same facts may be maintained by the plaintiff, or of any concealment of the defendant’s whereabouts, shall not be included in the 10-year period set forth in subsection (a).

§ 2336. Other limitations

• (a) No action shall be maintained under section 2333 of this title for injury or loss by reason of an act of war.
• (b) If a party to an action under section 2333 seeks to discover the investigative files of the Department of Justice, the Assistant Attorney General, Deputy Attorney General, or Attorney General may object on the ground that compliance will interfere with a criminal investigation or prosecution of the incident, or a national security operation related to the incident, which is the subject of the civil litigation. The court shall evaluate any such objections in camera and shall stay the discovery if the court finds that granting the discovery request will substantially interfere with a criminal investigation or prosecution of the incident or a national security operation related to the incident. The court shall consider the likelihood of criminal prosecution by the Government and other factors it deems to be appropriate. A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the court grants a stay of discovery under this subsection, it may stay the action in the interests of justice.
• (c)
  • (1) The Attorney General may intervene in any civil action brought under section 2333 for the purpose of seeking a stay of the civil action. A stay shall be granted if the court finds that the continuation of the civil action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or interfere with national security operations related to the terrorist incident that is the subject of the civil action. A stay may be granted for up to 6 months. The Attorney General may petition the court for an extension of the stay for additional 6-month periods until the criminal prosecution is completed or dismissed.
  • (2) In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought.

§ 2337. Suits against Government officials

No action shall be maintained under section 2333 of this title against—

• (1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority; or
• (2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting within his or her official capacity or under color of legal authority.

§ 2338. Exclusive Federal jurisdiction

The district courts of the United States shall have exclusive jurisdiction over an action brought under this chapter.

§ 2339. Harboring or concealing terrorists

• (a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to arson and bombing of government property risking or causing injury or death), section 1366(a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2284(a) ), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.
• (b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.

§ 2339A. Providing material support to terrorists

• (a) Whoever provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 37, 81, 175, 229, 351, 831, 842(m) or (n), 844(f) or (i), 930(c), 956, 1091, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332f, 2340A, or 2442 of this title, section 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2284 ), section 46502 or 60123(b) of title 49, or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and 2339B) or in preparation for, or in carrying out, the concealment of an escape from the commission of any such violation, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.
• (b) As used in this section—
  • (1) the term “material support or resources” means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;
  • (2) the term “training” means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and
  • (3) the term “expert advice or assistance” means advice or assistance derived from scientific, technical or other specialized knowledge.

§ 2339B. Providing material support or resources to designated foreign terrorist organizations

• (a)
  • (1) Whoever knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).
  • (2) Except as authorized by the Secretary, any financial institution that becomes aware that it has possession of, or control over, any funds in which a foreign terrorist organization, or its agent, has an interest, shall—
    • (A) retain possession of, or maintain control over, such funds; and
    • (B) report to the Secretary the existence of such funds in accordance with regulations issued by the Secretary.
• (b) Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of—
  • (A) $50,000 per violation; or
  • (B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control.
• (c) Whenever it appears to the Secretary or the Attorney General that any person is engaged in, or is about to engage in, any act that constitutes, or would constitute, a violation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation.
• (d)
  • (1) There is jurisdiction over an offense under subsection (a) if—
    • (A) an offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) )) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) ));
    • (B) an offender is a stateless person whose habitual residence is in the United States;
    • (C) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;
    • (D) the offense occurs in whole or in part within the United States;
    • (E) the offense occurs in or affects interstate or foreign commerce; or
    • (F) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).
  • (2) There is extraterritorial Federal jurisdiction over an offense under this section.
• (e)
  • (1) The Attorney General shall conduct any investigation of a possible violation of this section, or of any license, order, or regulation issued pursuant to this section.
  • (2) The Attorney General shall work in coordination with the Secretary in investigations relating to—
    • (A) the compliance or noncompliance by a financial institution with the requirements of subsection (a)(2); and
    • (B) civil penalty proceedings authorized under subsection (b).
  • (3) Any evidence of a criminal violation of this section arising in the course of an investigation by the Secretary or any other Federal agency shall be referred immediately to the Attorney General for further investigation. The Attorney General shall timely notify the Secretary of any action taken on referrals from the Secretary, and may refer investigations to the Secretary for remedial licensing or civil penalty action.
• (f)
  • (1)
    • (A) In any civil proceeding under this section, upon request made ex parte and in writing by the United States, a court, upon a sufficient showing, may authorize the United States to—
      • (i) redact specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure;
      • (ii) substitute a summary of the information for such classified documents; or
      • (iii) substitute a statement admitting relevant facts that the classified information would tend to prove.
    • (B) If the court enters an order granting a request under this paragraph, the entire text of the documents to which the request relates shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.
    • (C) If the court enters an order denying a request of the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with paragraph (5). For purposes of such an appeal, the entire text of the documents to which the request relates, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court.
  • (2)
    • (A) To prevent unnecessary or inadvertent disclosure of classified information in a civil proceeding brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, recordings, or photographs, one or more of the following:
      • (i) Copies of items from which classified information has been redacted.
      • (ii) Stipulations admitting relevant facts that specific classified information would tend to prove.
      • (iii) A declassified summary of the specific classified information.
    • (B) The court shall grant a request under this paragraph if the court finds that the redacted item, stipulation, or summary is sufficient to allow the defendant to prepare a defense.
  • (3)
    • (A) During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible.
    • (B) In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including—
      • (i) permitting the United States to provide the court, ex parte, with a proffer of the witness’s response to the question or line of inquiry; and
      • (ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit.
    • (C) In any civil proceeding under this section, it shall be the defendant’s obligation to establish the relevance and materiality of any classified information sought to be introduced.
  • (4) If the court enters an order denying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (5).
  • (5)
    • (A) An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court—
      • (i) authorizing the disclosure of classified information;
      • (ii) imposing sanctions for nondisclosure of classified information; or
      • (iii) refusing a protective order sought by the United States to prevent the disclosure of classified information.
    • (B)
      • (i) An appeal taken pursuant to this paragraph, either before or during trial, shall be expedited by the court of appeals.
      • (ii) If an appeal is of an order made prior to trial, an appeal shall be taken not later than 14 days after the decision or order appealed from, and the trial shall not commence until the appeal is resolved.
      • (iii) If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved, and the court of appeals—
        • (I) shall hear argument on such appeal not later than 4 days after the adjournment of the trial, excluding intermediate weekends and holidays;
        • (II) may dispense with written briefs other than the supporting materials previously submitted to the trial court;
        • (III) shall render its decision not later than 4 days after argument on appeal, excluding intermediate weekends and holidays; and
        • (IV) may dispense with the issuance of a written opinion in rendering its decision.
    • (C) An interlocutory appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error reversal by the trial court on remand of a ruling appealed from during trial.
  • (6) Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privilege.
• (g) As used in this section—
  • (1) the term “classified information” has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
  • (2) the term “financial institution” has the same meaning as in section 5312(a)(2) of title 31 , United States Code;
  • (3) the term “funds” includes coin or currency of the United States or any other country, traveler’s checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing;
  • (4) the term “material support or resources” has the same meaning given that term in section 2339A (including the definitions of “training” and “expert advice or assistance” in that section);
  • (5) the term “Secretary” means the Secretary of the Treasury; and
  • (6) the term “terrorist organization” means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.
• (h) No person may be prosecuted under this section in connection with the term “personnel” unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization’s direction and control.
• (i) Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.
• (j) No person may be prosecuted under this section in connection with the term “personnel”, “training”, or “expert advice or assistance” if the provision of that material support or resources to a foreign terrorist organization was approved by the Secretary of State with the concurrence of the Attorney General. The Secretary of State may not approve the provision of any material support that may be used to carry out terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act).

§ 2339C. Prohibitions against the financing of terrorism

• (a)
  • (1) Whoever, in a circumstance described in subsection (b), by any means, directly or indirectly, unlawfully and willfully provides or collects funds with the intention that such funds be used, or with the knowledge that such funds are to be used, in full or in part, in order to carry out—
    • (A) an act which constitutes an offense within the scope of a treaty specified in subsection (e)(7), as implemented by the United States, or
    • (B) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act,
  • (2) Whoever attempts or conspires to commit an offense under paragraph (1) shall be punished as prescribed in subsection (d)(1).
  • (3) For an act to constitute an offense set forth in this subsection, it shall not be necessary that the funds were actually used to carry out a predicate act.
• (b) There is jurisdiction over the offenses in subsection (a) in the following circumstances—
  • (1) the offense takes place in the United States and—
    • (A) a perpetrator was a national of another state or a stateless person;
    • (B) on board a vessel flying the flag of another state or an aircraft which is registered under the laws of another state at the time the offense is committed;
    • (C) on board an aircraft which is operated by the government of another state;
    • (D) a perpetrator is found outside the United States;
    • (E) was directed toward or resulted in the carrying out of a predicate act against—
      • (i) a national of another state; or
      • (ii) another state or a government facility of such state, including its embassy or other diplomatic or consular premises of that state;
    • (F) was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel another state or international organization to do or abstain from doing any act; or
    • (G) was directed toward or resulted in the carrying out of a predicate act—
      • (i) outside the United States; or
      • (ii) within the United States, and either the offense or the predicate act was conducted in, or the results thereof affected, interstate or foreign commerce;
  • (2) the offense takes place outside the United States and—
    • (A) a perpetrator is a national of the United States or is a stateless person whose habitual residence is in the United States;
    • (B) a perpetrator is found in the United States; or
    • (C) was directed toward or resulted in the carrying out of a predicate act against—
      • (i) any property that is owned, leased, or used by the United States or by any department or agency of the United States, including an embassy or other diplomatic or consular premises of the United States;
      • (ii) any person or property within the United States;
      • (iii) any national of the United States or the property of such national; or
      • (iv) any property of any legal entity organized under the laws of the United States, including any of its States, districts, commonwealths, territories, or possessions;
  • (3) the offense is committed on board a vessel flying the flag of the United States or an aircraft which is registered under the laws of the United States at the time the offense is committed;
  • (4) the offense is committed on board an aircraft which is operated by the United States; or
  • (5) the offense was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel the United States to do or abstain from doing any act.
• (c) Whoever—
  • (1)
    • (A) is in the United States; or
    • (B) is outside the United States and is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); and
  • (2) knowingly conceals or disguises the nature, location, source, ownership, or control of any material support or resources, or any funds or proceeds of such funds—
    • (A) knowing or intending that the support or resources are to be provided, or knowing that the support or resources were provided, in violation of section 2339B of this title ; or
    • (B) knowing or intending that any such funds are to be provided or collected, or knowing that the funds were provided or collected, in violation of subsection (a),
• (d)
  • (1) Whoever violates subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both.
  • (2) Whoever violates subsection (c) shall be fined under this title, imprisoned for not more than 10 years, or both.
• (e) In this section—
  • (1) the term “funds” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including coin, currency, bank credits, travelers checks, bank checks, money orders, shares, securities, bonds, drafts, and letters of credit;
  • (2) the term “government facility” means any permanent or temporary facility or conveyance that is used or occupied by representatives of a state, members of a government, the legislature, or the judiciary, or by officials or employees of a state or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties;
  • (3) the term “proceeds” means any funds derived from or obtained, directly or indirectly, through the commission of an offense set forth in subsection (a);
  • (4) the term “provides” includes giving, donating, and transmitting;
  • (5) the term “collects” includes raising and receiving;
  • (6) the term “predicate act” means any act referred to in subparagraph (A) or (B) of subsection (a)(1);
  • (7) the term “treaty” means—
    • (A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970 ;
    • (B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on September 23, 1971 ;
    • (C) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973 ;
    • (D) the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979 ;
    • (E) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on March 3, 1980 ;
    • (F) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on February 24, 1988 ;
    • (G) the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988 ;
    • (H) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on March 10, 1988 ; or
    • (I) the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997 ;
  • (8) the term “intergovernmental organization” includes international organizations;
  • (9) the term “international organization” has the same meaning as in section 1116(b)(5) of this title ;
  • (10) the term “armed conflict” does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature;
  • (11) the term “serious bodily injury” has the same meaning as in section 1365(g)(3) of this title ; 1 1 See References in Text note below.
  • (12) the term “national of the United States” has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) );
  • (13) the term “material support or resources” has the same meaning given that term in section 2339B(g)(4) of this title ; and
  • (14) the term “state” has the same meaning as that term has under international law, and includes all political subdivisions thereof.
• (f) In addition to any other criminal, civil, or administrative liability or penalty, any legal entity located within the United States or organized under the laws of the United States, including any of the laws of its States, districts, commonwealths, territories, or possessions, shall be liable to the United States for the sum of at least $10,000, if a person responsible for the management or control of that legal entity has, in that capacity, committed an offense set forth in subsection (a).

§ 2339D. Receiving military-type training from a foreign terrorist organization

• (a) Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).
• (b) There is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if—
  • (1) an offender is a national of the United States (as defined in 1 1 So in original. The word “section” probably should appear after “in”. 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act);
  • (2) an offender is a stateless person whose habitual residence is in the United States;
  • (3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;
  • (4) the offense occurs in whole or in part within the United States;
  • (5) the offense occurs in or affects interstate or foreign commerce; or
  • (6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).
• (c) As used in this section—
  • (1) the term “military-type training” includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2) 2 2 So in original. Probably should be section “2332a(c)(2)”. );
  • (2) the term “serious bodily injury” has the meaning given that term in section 1365(h)(3);
  • (3) the term “critical infrastructure” means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and
  • (4) the term “foreign terrorist organization” means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.

§ 2340. Definitions

As used in this chapter—

• (1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
• (2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
  • (A) the intentional infliction or threatened infliction of severe physical pain or suffering;
  • (B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
  • (C) the threat of imminent death; or
  • (D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and
• (3) “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

§ 2340A. Torture

• (a) Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
• (b) There is jurisdiction over the activity prohibited in subsection (a) if—
  • (1) the alleged offender is a national of the United States; or
  • (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
• (c) A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

§ 2340B. Exclusive remedies

Nothing in this chapter shall be construed as precluding the application of State or local laws on the same subject, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any civil proceeding.