US Code: Electromagnetic Radiation Devices

United States Code

Title 18 Part 1

Chapter 113B

Section 2332H:

Radiological dispersal devices

(a) Unlawful Conduct. -
(1) In general. - 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) Exception. - 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) 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.