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Criminal Resource Manual

Criminal Resource Manual
CRM 1500-1999

1671. Destruction Of Government Property -- Malicious Mischief -- Buildings Or Property Within Special Maritime And Territorial Jurisdiction -- 18 U.S.C. 1363

As amended by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, § 703, 110 Stat. 1214, 1294 (1996), Title 18, United States Code, Section 1363 now reads:

Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously destroys or injures or attempts to destroy or injure any structure, conveyance, or other real or personal property, shall be fined under this title or imprisoned not more than five years, or both, and if the building is a dwelling, or the life of any person be placed in jeopardy, shall be fined under this title or imprisoned not more than twenty years, or both.

The scope of § 1363 has been greatly broadened and now encompasses all public and privately-owned property located within the special maritime and territorial jurisdiction of the United States, as defined in 18 U.S.C. § 7. Section 1363 is a specific intent crime, requiring the government to prove that the defendant acted willfully and maliciously. The penalties for violations of this section differ where human life is endangered or a dwelling is damaged or destroyed. When neither a dwelling nor a human life is endangered, the defendant is subject to a fine of up to $250,000, five years imprisonment, or both; otherwise the defendant may be punished by a fine of up to $250,000, twenty years imprisonment, or both.

[cited in JM 9-66.500]