U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 91— PUBLIC LANDS

18 U.S.C. § 1864

Hazardous or injurious devices on Federal lands

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(a) Whoever—(1) with the intent to violate the Controlled Substances Act,(2) with the intent to obstruct or harass the harvesting of timber, or(3) with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk,uses a hazardous or injurious device on Federal land, on an Indian reservation, or on an Indian allotment while the title to such allotment is held in trust by the United States or while such allotment remains inalienable by the allottee without the consent of the United States shall be punished under subsection (b).(b) An individual who violates subsection (a) shall—(1) if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both;(2) if serious bodily injury to any individual results, be fined under this title or imprisoned for not more than 40 years, or both;(3) if bodily injury to any individual results, be fined under this title or imprisoned for not more than 20 years, or both;(4) if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate, be fined under this title or imprisoned for not more than 20 years, or both; and(5) in any other case, be fined under this title or imprisoned for not more than one year.(c) Any individual who is punished under subsection (b)(5) after one or more prior convictions under any such subsection shall be fined under this title or imprisoned for not more than 20 years, or both.(d) As used in this section—(1) the term “serious bodily injury” means bodily injury which involves—(A) a substantial risk of death;(B) extreme physical pain;(C) protracted and obvious disfigurement; and(D) protracted loss or impairment of the function of bodily member, organ, or mental faculty;(2) the term “bodily injury” means—(A) a cut, abrasion, bruise, burn, or disfigurement;(B) physical pain;(C) illness;(D) impairment of the function of a bodily member, organ, or mental faculty; or(E) any other injury to the body, no matter how temporary;(3) the term “hazardous or injurious device” means a device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. Such term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump; and(4) the term “avoidance costs” means costs incurred by any individual for the purpose of—(A) detecting a hazardous or injurious device; or(B) preventing death, serious bodily injury, bodily injury, or property damage likely to result from the use of a hazardous or injurious device in violation of subsection (a).(e) Any person injured as the result of a violation of subsection (a) may commence a civil action on his own behalf against any person who is alleged to be in violation of subsection (a). The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, in such civil actions. The court may award, in addition to monetary damages for any injury resulting from an alleged violation of subsection (a), costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate.(Added Pub. L. 100–690, title VI, § 6254(f), Nov. 18, 1988, 102 Stat. 4366; amended Pub. L. 101–647, title XXXV, § 3555, Nov. 29, 1990, 104 Stat. 4927; Pub. L. 103–322, title XXXIII, § 330007, Sept. 13, 1994, 108 Stat. 2142; Pub. L. 104–134, title I, § 101(c) [title III, § 330], Apr. 26, 1996, 110 Stat. 1321–156, 1321–208; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)Editorial NotesReferences in Text

The Controlled Substances Act, referred to in subsec. (a)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

Amendments

1996—Subsec. (b)(2). Pub. L. 104–134, § 101(c) [title III, § 330(1)(A)], substituted “40” for “twenty”.

Subsec. (b)(3). Pub. L. 104–134, § 101(c) [title III, § 330(1)(B)], substituted “20” for “ten”.

Subsec. (b)(4). Pub. L. 104–134, § 101(c) [title III, § 330(1)(C), (D)], substituted “if damage to the property of any individual results or if avoidance costs have been incurred exceeding $10,000, in the aggregate,” for “if damage exceeding $10,000 to the property of any individual results,” and “20” for “ten”.

Subsec. (c). Pub. L. 104–134, § 101(c) [title III, § 330(2)], substituted “20” for “ten”.

Subsec. (d)(4). Pub. L. 104–134, § 101(c) [title III, § 330(3)], added par. (4).

Subsec. (e). Pub. L. 104–134, § 101(c) [title III, § 330(4)], added subsec. (e).

1994—Subsec. (c). Pub. L. 103–322 substituted “(b)(5)” for “(b)(3), (4), or (5)”.

1990—Subsec. (d)(1)(D), (E). Pub. L. 101–647 struck out “and” at end of subpar. (D) and substituted “; and” for period at end of subpar. (E).

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1994–2025 · leading case: United States v. Joel Andrew Wyatt, AKA \Lupine\" Rebecca Kay Smith"
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United States v. Joel Andrew Wyatt, AKA \Lupine\" Rebecca Kay Smith" (2005) ca9 · cites it 17× “We consider below whether 18 U.S.C. § 1864 (a), which in part prohibits the use of hazardous or injurious devices on federal land with the intent to obstruct or harass the harvesting of timber, is unconstitutionally vague as applied here to ‘ visible and unmodified ropes strung…”
Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resources (2001) scotus “§ 1324b(h) (permitting the administrative law judge to award an attorney's fee to the prevailing party "if the losing party's argument is without reasonable foundation in law and fact"); 18 U. S. C. § 1864 (e) (1994 ed., Supp. V) (allowing the district court to award the…”
United States v. Thomas Cameron Kincade (2004) ca9 “§ 1153 ; the use of a hazardous or injurious device on federal land or an Indian reservation, 18 U.S.C. § 1864 ; tampering with a witness, 18 U.”
United States v. John P. Blount (1994) ca9 · cites it 4× “He now appeals his conviction under 18 U.S.C. § 1864 (a)(2) (1988), arguing that the reinstatement of two counts of tree spiking as misdemeanors one day after the trial court had granted his motion for acquittal on felony tree spiking counts violated his right not to be subject…”
United States v. Servando Alvarado-Casas (2013) ca5 “§ 1752 (b)(1)(B); 18 U.S.C. § 1864 (b)(1)-(3); 18 U.S.C. § 1952 (a)(3)(B); 18 U.”
United States v. Holmes (2011) ca9 · cites it 2× “[8] 18 U.S.C. § 1864 ; see U.S.S.G. § 2Q1.6(a)(4) (2007).”
Union of Needletrades, Industrial & Textile Employees v. United States Immigration & Naturalization Service (2002) nysd “§ 1365 (d) (the Clean Water Act); 18 U.S.C. § 1864 (e) (Supp.II) (same); 29 U.”
Fagan v. City of Vineland (1994) ca3 “, 18 U.S.C. § 1864 (a)(3) (1988) (reckless use of hazardous and injurious device on Federal land or an Indian reservation).”
United States v. Isac Schwarzbaum (2025) ca11 “§ 1861 (deceiving prospective land purchasers); 18 U.S.C. § 1864 (a)(3) (using hazardous or inju- rious devices on federal lands); 18 U.”
United States v. Parks (2005) ohsd “§ 1716 (j)(3); 18 U.S.C. § 1864 (b)(1); 21 U.S.C. § 841 (b)(1)(A); and 21 U.”
United States v. Wyatt (2005) ca9 · cites it 17× “We consider below whether 18 U.S.C. § 1864 (a), which in part prohibits the use of hazardous or injurious devices on federal land with the intent to obstruct or harass the harvesting of timber, is uncon- stitutionally vague as applied here to visible and unmodified ropes strung…”
United States v. Wyatt (2005) ca9 · cites it 4× “Considered in the light most favorable to the prosecution, sufficient evidence exists to establish all five of the elements of 18 U.S.C. § 1864 (a)(2). First, although the record does not show any direct evidence defendants strung the yellow ropes themselves, the aiding and…”
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