18 U.S.C. § 2153
Destruction of war material, war premises, or war utilities
(a) Whoever, when the United States is at war, or in times of national emergency as declared by the President or by the Congress, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, or, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, willfully injures, destroys, contaminates or infects, or attempts to so injure, destroy, contaminate or infect any war material, war premises, or war utilities, shall be fined under this title or imprisoned not more than thirty years, or both.(b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section.(June 25, 1948, ch. 645, 62 Stat. 799; June 30, 1953, ch. 175, § 2, 67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, § 102, 68 Stat. 1217; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)Historical and Revision NotesBased on section 102 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 2, 40 Stat. 534).
“As herein defined” was deleted as surplusage.
The conspiracy provisions are new. Their addition to the section was strongly urged by the Criminal Division of the Department of Justice, considering the gravity of the substantive offense as evidenced by the prescribed punishment therefor. The punishment provisions of the general conspiracy statute, section 371 of this title, are inadequate.
Words “upon conviction thereof” were omitted as unnecessary since punishment cannot be imposed until a conviction is secured.
Minor changes were made in phraseology.
Editorial NotesAmendments1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
1954—Act Sept. 3, 1954, made section applicable in time of national emergency as well as war, and recognized the possibility of bacteriological warfare by making “contamination” a crime.
1953—Subsec. (a). Act June 30, 1953, inserted “or defense activities” after “carrying on the war”.
Statutory Notes and Related SubsidiariesRepealsAct June 30, 1953, ch. 175, § 7, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, formerly cited as credits to this section and also formerly set out as a note under this section.
Notes of Decisions
United States v. Kabat (1986)
ca8 · cites it 2×
“§ 2153 (1982), was aimed not merely — or even mostly — at foreign agents but rather was prompted by a congressional concern with the impact on the war effort of strike-related violence. 56 Cong.Rec. 3111-20 (1918). Section 2155 was later added to make the prohibitions of section…”
United States v. Joseph William Eisenberg (1972)
ca8 · cites it 2×
“This case comes before the Court on timely appeal by Joseph William Eisen-berg of his conviction of a violation of 18 U.S.C.A. § 2153 (a). Eisenberg’s conviction was one of several which arose out of certain incidents which occurred on the Washington University Campus in St.”
United States v. Johnson (1987)
cma
“A counterpart provision, 18 U.S.C. § 2153 , applies in time of war or national emergency and contains this language: (a) Whoever, when the United States is at war, or in times of national emergency as declared by the President or by the Congress, with intent to injure, interfere…”
In the Matter of the Grand Jury and Susan Marie Parker (1969)
ca10
“This is an appeal from an order of the United States District Court for the District of Colorado holding appellant Susan Marie Parker in civil contempt for refusing to obey an order of the court directing her to answer questions propounded to her during a grand jury inquiry into…”
United States v. Cameron David Bishop (1977)
ca10
“The indictment charges violations of 18 U.S.C. § 2153 (a) which proscribes specified conduct “when the United States is at war, or in times of national emergency as declared by the President or by the Congress * * *Count I of the indictment charges a violation of § 2153(a) on…”
United States v. Joel Achtenberg (1972)
ca8
“Defendant Joel Achtenberg has taken this timely appeal from his conviction by a jury on an indictment charging violation of 18 U.S.C.A. § 2153 (a) and the resulting sentence of fifteen years imprisonment imposed.”
United States v. Schneiderman (1951)
casd
“§ 876 ; and one-sixth as serious as a conspiracy to destroy “war material” 18 U.S.C. § 2153 . Punishment is of course only one factor to be employed in making realistic appraisal of "the nature and circumstances of the offense charged.”
Achtenberg v. United States (1972)
scotus · cites it 2×
“Petitioner was convicted of attempting to destroy “war material” and “war premises” in violation of 18 U. S. C. §2153 (a). This section makes it a crime “when the United States is at war, or in times of national emergency as declared by the President or by the Congress” to…”
Bland v. United States (1971)
moed · cites it 2×
“The petitioner was charged in a three-count indictment: count one charged on May 4-5, 1970, violation of 18 U.S.C. § 2153 (a), destroying by fire the Air Force Reserve Officers Training Corps building on Washington University campus; count two charged on the same date violation…”
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