When the FBI Comes Calling…®
Radiological Dispersal Devices (18 U.S.C. § 2332h)
§ 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) or 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 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.