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18 U.S.C. § 81Arson within special maritime and territorial jurisdiction

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 128 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who willfully and maliciously burns a building, vessel, or other property under federal jurisdiction breaks this law. The penalty is up to 25 years in prison and a fine covering repair costs. If the building is a dwelling or a life is endangered, punishment can reach life imprisonment.

This law applies only within the special maritime and territorial jurisdiction of the United States. That covers places like federal land, ships, and other federal areas. It punishes anyone who willfully and maliciously sets fire to or burns certain property there. The covered property includes buildings, structures, or vessels. It also includes machinery, building materials, or supplies. Military or naval stores and munitions of war are covered too. So are structural aids or devices used for navigation or shipping. The law also punishes someone who attempts or conspires to commit this arson, even if the fire never starts. For a basic violation, the punishment is prison for up to 25 years. The court must also impose a fine. That fine is either the standard fine under this title or the cost of repairing or replacing the damaged property, whichever is larger. The court may impose both prison and a fine. If the burned building is a dwelling, the punishment is harsher. It is also harsher if the fire put any person's life in danger. In either case, the person can be fined under this title. Or the person can be imprisoned for any number of years, including life. The court may impose both a fine and imprisonment.

facts

- Location: Codified at 18 U.S.C. § 81, under the heading "Arson within special maritime and territorial jurisdiction." - Length: The statutory text comprises 128 words. - Original Enactment: Enacted June 25, 1948, by ch. 645, 62 Stat. 688. - Amendments: Subsequently amended three times—by Pub. L. 103–322 (1994), Pub. L. 104–132 (1996), and Pub. L. 107–56 (2001). - Source Credit: The source-credit line contains four distinct legislative citations reflecting its enactment and amendments.
the actual law source: uscode.house.gov ↗public domain

Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both.

If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–132, title VII, § 708(b), Apr. 24, 1996, 110 Stat. 1296; Pub. L. 107–56, title VIII, §§ 810(a), 811(a), Oct. 26, 2001, 115 Stat. 380, 381.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 688
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
  • 1996Amended · Pub. L. 104-132 · 110 Stat. 1296
  • 2001Amended · Pub. L. 107-56 · 115 Stat. 380, 381
The record indicates that this section was originally enacted on June 25, 1948, as part of chapter 645, 62 Stat. 688, when Congress undertook a general revision and codification of federal criminal law into Title 18 of the United States Code. The source credit shows that the provision was subsequently amended three times: by Public Law 103–322 in 1994, by Public Law 104–132 in 1996, and by Public Law 107–56 in 2001. Each amendment altered specific portions of the text, though the credit does not itself describe the substance of each change beyond the statutory citations provided. Historical context for the original 1948 enactment is well established in general terms: the 1948 act that created this section was part of a broad, comprehensive recodification of federal criminal statutes, consolidating and reorganizing existing law rather than creating novel offenses from scratch. Arson provisions covering the special maritime and territorial jurisdiction of the United States reflect a longstanding federal interest in protecting property and safety in locations—such as federal enclaves, vessels, and similar sites—where ordinary state criminal jurisdiction does not apply. As for the specific purposes behind the later amendments in 1994, 1996, and 2001, the record does not establish the particular legislative motivations, and it would be speculative to characterize them without documented legislative history specific to this section. Readers seeking that detail should consult the referenced Public Laws and their accompanying legislative records directly.

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