18 U.S.C. § 844 — Penalties

(a) A person who violates any of section 842(a) through (i) or (l) through (o) may be fined, imprisoned for up to 10 years, or both. A person who violates section 842(p)(2) may be fined, imprisoned for up to 20 years, or both.

(b) A person who violates any other part of section 842 may be fined, imprisoned for up to 1 year, or both.

(c)(1) Explosive materials involved in or used in, or intended to be used in, a violation of this chapter, a rule or regulation under it, or a United States criminal law may be seized and forfeited. The provisions of the Internal Revenue Code of 1986 concerning seizure, forfeiture, and disposal of firearms defined in that Code apply to these seizures and forfeitures as far as they are applicable.

(c)(2) Despite paragraph (1), if seized explosive materials would be forfeited and it would be impractical or unsafe to move or store them, the officer who seized them may destroy them immediately. The destruction must occur in the presence of at least one credible witness. The officer must report the seizure and take samples as the Attorney General’s regulations require.

(c)(3) Within 60 days after destruction under paragraph (2), the owner, including anyone with an interest in the destroyed property, may ask the Attorney General to reimburse its value. If the claimant shows to the Attorney General’s satisfaction either that (A) the property was not used in or involved in a legal violation, or (B) any unlawful use or involvement occurred without the claimant’s knowledge, consent, or willful blindness, the Attorney General must pay an allowance not greater than the destroyed property’s value.

(d) A person who transports, receives, or tries to transport or receive an explosive in interstate or foreign commerce, knowing or intending that it will be used to kill, injure, or intimidate someone, or unlawfully damage or destroy property, may be fined, imprisoned for up to 10 years, or both. If personal injury results to anyone, including a public safety officer performing duties, as a direct or proximate result of conduct prohibited by this subsection, the person may be imprisoned for up to 20 years, fined under this title, or both. If death results to anyone, including a public safety officer performing duties, as a direct or proximate result of conduct prohibited by this subsection, the person may be imprisoned for any number of years, sentenced to death, or imprisoned for life.

(e) A person who, through the mail, telephone, telegraph, another instrument of interstate or foreign commerce, or conduct in or affecting such commerce, willfully makes a threat or maliciously gives false information knowing it is false about an attempted or alleged attempted killing, injury, or intimidation of someone, or unlawful damage or destruction of property by fire or explosive, may be fined, imprisoned for up to 10 years, or both.

(f)(1) A person who maliciously damages, destroys, or tries to damage or destroy by fire or explosive any property wholly or partly owned, possessed, or leased by the United States, its department^* or agency^*, or an institution or organization^* receiving federal financial assistance, must be imprisoned for 5 to 20 years and may also be fined.

(f)(2) If the conduct in paragraph (1) directly or proximately causes personal injury or creates a substantial risk of injury to anyone, including a public safety officer performing duties, the person must be imprisoned for 7 to 40 years and may also be fined.

(f)(3) If that conduct directly or proximately causes someone’s death, including the death of a public safety officer performing duties, the person may be sentenced to death, imprisoned for at least 20 years or for life, fined, or both imprisoned and fined.

(g)(1) Unless paragraph (2) applies, a person who possesses an explosive in an airport regulated by the Federal Aviation Administration, or in a building wholly or partly owned, possessed, used, or leased by the United States or its department or agency, without written permission from the person or entity responsible for managing the airport or building, may be fined, imprisoned for up to 5 years, or both.

(g)(2) This subsection does not apply to (A) ammunition, as defined in regulations under this chapter, in an FAA-regulated airport when it is in checked baggage or a closed container; or (B) an explosive in an airport when its packaging and transportation are exempt from, or comply with, Pipeline and Hazardous Materials Safety Administration rules for hazardous materials under title 49, chapter 51.

(h) A person who uses fire or an explosive to commit a federal felony, or carries an explosive while committing such a felony, including a felony with increased punishment for using a deadly or dangerous weapon or device, must receive an additional 10-year prison sentence. A second or later conviction under this subsection requires an additional 20-year sentence. The court may not place the person on probation or suspend this sentence, and this sentence may not run at the same time as any other prison sentence, including the sentence for the felony in which the explosive was used or carried.

(i) A person who maliciously damages, destroys, or tries to damage or destroy by fire or explosive property used in interstate or foreign commerce, or in an activity affecting that commerce, must be imprisoned for 5 to 20 years and may also be fined. If personal injury results to anyone, including a public safety officer performing duties, as a direct or proximate result of conduct prohibited by this subsection, the person may be imprisoned for 7 to 40 years, fined under this title, or both. If death results to anyone, including a public safety officer performing duties, as a direct or proximate result of conduct prohibited by this subsection, the person may be imprisoned for any number of years, sentenced to death, or imprisoned for life.

(j) For subsections (d) through (i) and section 842(p), “explosive” means gunpowder; blasting powder; every form of high explosive; blasting material; fuzes other than electric circuit breakers; detonators and other detonating agents; smokeless powder; other explosive or incendiary devices covered by section 232(5); and any chemical compound, mechanical mixture, or device containing oxidizing and combustible units or other ingredients in proportions, amounts, or packaging such that ignition by fire, friction, concussion, percussion, or detonation of it or part of it may cause an explosion.

(k) A person who steals explosive materials that are moving in, are part of, or have moved in interstate or foreign commerce may be fined, imprisoned for up to 10 years, or both.

(l) A person who steals explosive material from a licensed importer, licensed manufacturer, or licensed dealer, or from a permit holder, may be fined, imprisoned for up to 10 years, or both.

(m) A person who conspires to commit an offense under subsection (h) may be fined and imprisoned for any term up to 20 years.

(n) Unless this section says otherwise, a person who conspires to commit an offense in this chapter receives the same penalties, except death, prescribed for the offense that was the goal of the conspiracy.

(o) A person who knowingly transfers explosive materials, knowing or having reasonable cause to believe they will be used to commit a crime of violence or drug-trafficking crime, receives the penalties available under subsection (h) for a first conviction for using or carrying explosive material.

(p) Theft reporting requirement. (1) A license or permit holder who knows explosive materials were stolen from the licensee or permittee must report the theft to the Secretary within 24 hours after discovering it. (2) A license or permit holder who fails to report as required may be fined up to $10,000, imprisoned for up to 5 years, or both.