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CITE

    18 USC Sec. 2332g                                           01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113B - TERRORISM

HEAD

    Sec. 2332g. Missile systems designed to destroy aircraft

STATUTE

      (a) Unlawful Conduct. -
        (1) In general. - 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) Nonweapon. - Paragraph (1)(A) does not apply to any device
      that is neither designed nor redesigned for use as a weapon.
        (3) Excluded conduct. - 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) Jurisdiction. - 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) Criminal Penalties. -
        (1) In general. - 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) Other circumstances. - 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) Special circumstances. - 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) Definition. - As used in this section, the term "aircraft"
    has the definition set forth in section 40102(a)(6) of title 49,
    United States Code.

SOURCE

    (Added Pub. L. 108-458, title VI, Sec. 6903, Dec. 17, 2004, 118
    Stat. 3770.)