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section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be fined under this title and imprisoned for any term of years not less than 30, or for life. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-88, title IV, Sec. 402(a), Dec. 29, 1995, 109 Stat. 955.) -MISC1- AMENDMENTS 1995 - Pub. L. 104-88 designated existing provisions as subsec. (a) and added subsec. (b). 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $10,000". EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of Pub. L. 104-88, set out as an Effective Date note under section 701 of Title 49, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2516, 3592 of this title. -End- -CITE- 18 USC Sec. 34 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES -HEAD- Sec. 34. Penalty when death results -STATUTE- Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540; amended Pub. L. 103-322, title VI, Sec. 60003(a)(1), Sept. 13, 1994, 108 Stat. 1968.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-322 substituted "imprisonment for life." for "imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order." -End- -CITE- 18 USC Sec. 35 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES -HEAD- Sec. 35. Imparting or conveying false information -STATUTE- (a) Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States. (b) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title - shall be fined under this title, or imprisoned not more than five years, or both. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540; amended Pub. L. 87-338, Oct. 3, 1961, 75 Stat. 751; Pub. L. 89-64, July 7, 1965, 79 Stat. 210; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- AMENDMENTS 1994 - Subsec. (b). Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". 1965 - Subsec. (a). Pub. L. 89-64 substituted "subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States" for "fined not more than $1,000, or imprisoned not more than one year, or both". 1961 - Pub. L. 87-338 designated existing provisions as subsec. (a), struck out "willfully" before "imparts or conveys", and added subsec. (b). -End- -CITE- 18 USC Sec. 36 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES -HEAD- Sec. 36. Drive-by shooting -STATUTE- (a) Definition. - In this section, "major drug offense" means - (1) a continuing criminal enterprise punishable under section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c)); (2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) section (!1) 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 963); or (3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)). (b) Offense and Penalties. - (1) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both. (2) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of 2 or more persons and who, in the course of such conduct, kills any person shall, if the killing - (A) is a first degree murder (as defined in section 1111(a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or (B) is a murder other than a first degree murder (as defined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both. -SOURCE- (Added Pub. L. 103-322, title VI, Sec. 60008(b), Sept. 13, 1994, 108 Stat. 1971; amended Pub. L. 104-294, title VI, Sec. 604(b)(30), Oct. 11, 1996, 110 Stat. 3508.) -MISC1- AMENDMENTS 1996 - Subsec. (a)(1), (2). Pub. L. 104-294 substituted "408(c)" for "403(c)" in par. (1) and "Export" for "Export Control" in par. (2). EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note under section 13 of this title. SHORT TITLE Section 60008(a) of Pub. L. 103-322 provided that: "This section [enacting this section] may be cited as the 'Drive-By Shooting Prevention Act of 1994'." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 3751. -FOOTNOTE- (!1) So in original. Probably should be preceded by "or". -End- -CITE- 18 USC Sec. 37 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES -HEAD- Sec. 37. Violence at international airports -STATUTE- (a) Offense. - A person who unlawfully and intentionally, using any device, substance, or weapon - (1) performs an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury (as defined in section 1365 of this title) or death; or (2) destroys or seriously damages the facilities of an airport serving international civil aviation or a civil aircraft not in service located thereon or disrupts the services of the airport, if such an act endangers or is likely to endanger safety at that airport, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) Jurisdiction. - There is jurisdiction over the prohibited activity in subsection (a) if - (1) the prohibited activity takes place in the United States; or (2) the prohibited activity takes place outside the United States and (A) the offender is later found in the United States; or (B) an offender or a victim 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))). (c) Bar to Prosecution. - It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term "labor dispute" has the meaning set forth in section 2(c) (!1) of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the term "State" means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. -SOURCE- (Added Pub. L. 103-322, title VI, Sec. 60021(a), Sept. 13, 1994, 108 Stat. 1979; amended Pub. L. 104-132, title VII, Secs. 721(g), 723(a)(1), Apr. 24, 1996, 110 Stat. 1299, 1300; Pub. L. 104-294, title VI, Secs. 601(q), 607(o), Oct. 11, 1996, 110 Stat. 3502, 3512.) -MISC1- AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-132, Sec. 723(a)(1), inserted "or conspires" after "attempts" in concluding provisions. Subsec. (b)(2). Pub. L. 104-132, Sec. 721(g), inserted subpar. (A) designation and added subpar. (B). Subsec. (c). Pub. L. 104-294 inserted heading and inserted ", and the term 'State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States" before period at end. EFFECTIVE DATE Section 60021(c) of Pub. L. 103-322 provided that: "The amendment made by subsection (a) [enacting this section] shall take effect on the later of - "(1) the date of enactment of this Act [Sept. 13, 1994]; or "(2) the date on which 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 23 September 1971, has come into force and the United States has become a party to the Protocol." [Protocol came into force and United States became a party to the Protocol Nov. 18, 1994, Treaty Doc. 100-19.] -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1956, 2332b, 2339A, 3592 of this title. -FOOTNOTE- (!1) So in original. Probably should be section "13(c)". -End- -CITE- 18 USC Sec. 38 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES -HEAD- Sec. 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce -STATUTE- (a) Offenses. - Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud - (1)(A) falsifies or conceals a material fact concerning any aircraft or space vehicle part; (B) makes any materially fraudulent representation concerning any aircraft or space vehicle part; or (C) makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part; (2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or (3) attempts or conspires to commit an offense described in paragraph (1) or (2), shall be punished as provided in subsection (b). (b) Penalties. - The punishment for an offense under subsection (a) is as follows: (1) Aviation quality. - If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 15 years, or both. (2) Failure to operate as represented. - If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury (as defined in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both. (3) Failure resulting in death. - If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in the death of any person, a fine of not more than $1,000,000, imprisonment for any term of years or life, or both. (4) Other circumstances. - In the case of an offense under subsection (a) not described in paragraph (1), (2), or (3) of this subsection, a fine under this title, imprisonment for not more than 10 years, or both. (5) Organizations. - If the offense is committed by an organization, a fine of not more than - (A) $10,000,000 in the case of an offense described in paragraph (1) or (4); and (B) $20,000,000 in the case of an offense described in paragraph (2) or (3). (c) Civil Remedies. - (1) In general. - The district courts of the United States shall have jurisdiction to prevent and restrain violations of this section by issuing appropriate orders, including - (A) ordering a person (convicted of an offense under this section) to divest any interest, direct or indirect, in any enterprise used to commit or facilitate the commission of the offense, or to destroy, or to mutilate and sell as scrap, aircraft material or part inventories or stocks; (B) imposing reasonable restrictions on the future activities or investments of any such person, including prohibiting engagement in the same type of endeavor as used to commit the offense; and (C) ordering the dissolution or reorganization of any enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provisions for the rights and interests of innocent persons. (2) Restraining orders and prohibition. - Pending final determination of a proceeding brought under this section, the court may enter such restraining orders or prohibitions, or take such other actions (including the acceptance of satisfactory performance bonds) as the court deems proper. (3) Estoppel. - A final judgment rendered in favor of the United States in any criminal proceeding brought under this section shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States. (d) Criminal Forfeiture. - (1) In general. - The court, in imposing sentence on any person convicted of an offense under this section, shall order, in addition to any other sentence and irrespective of any provision of State law, that the person forfeit to the United States - (A) any property constituting, or derived from, any proceeds that the person obtained, directly or indirectly, as a result of the offense; and (B) any property used, or intended to be used in any manner, to commit or facilitate the commission of the offense, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property on the offense. (2) Application of other law. - The forfeiture of property under this section, including any seizure and disposition of the property, and any proceedings relating to the property, shall be governed by section 413 of the Comprehensive Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not including subsection (d) of that section). (e) Construction With Other Law. - This section does not preempt or displace any other remedy, civil or criminal, provided by Federal or State law for the fraudulent importation, sale, trade, installation, or introduction into commerce of an aircraft or space vehicle part. (f) Territorial Scope. - This section also applies to conduct occurring outside the United States if - (1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization organized under the laws of the United States or political subdivision thereof; (2) the aircraft or spacecraft part as to which the violation relates was installed in an aircraft or space vehicle owned or operated at the time of the offense by a citizen or permanent resident alien of the United States, or by an organization thereof; or (3) an act in furtherance of the offense was committed in the United States. -SOURCE- (Added Pub. L. 106-181, title V, Sec. 506(c)(1), Apr. 5, 2000, 114 Stat. 137.) -MISC1- EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set out as an Effective Date of 2000 Amendments note under section 106 of Title 49, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2516 of this title. -End- -CITE- 18 USC CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS -HEAD- CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS -MISC1- Sec. 41. Hunting, fishing, trapping; disturbance or injury on wildlife refuges. 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations. 43. Ani

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