U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 12— CIVIL DISORDERS

18 U.S.C. § 232

Definitions

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For purposes of this chapter:(1) The term “civil disorder” means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.(2) The term “commerce” means commerce (A) between any State or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia.(3) The term “federally protected function” means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails.(4) The term “firearm” means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.(5) The term “explosive or incendiary device” means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone.(6) The term “fireman” means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia.(7) The term “law enforcement officer” means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include members of the National Guard (as defined in section 101 of title 10), members of the organized militia of any State, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia not included within the National Guard (as defined in section 101 of title 10), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder.(8) The term “State” includes a State of the United States, and any commonwealth, territory, or possession of the United States.(Added Pub. L. 90–284, title X, § 1002(a), Apr. 11, 1968, 82 Stat. 91; amended Pub. L. 101–647, title XII, § 1205(a), Nov. 29, 1990, 104 Stat. 4830; Pub. L. 102–484, div. A, title X, § 1051(b)(1), Oct. 23, 1992, 106 Stat. 2498.)Editorial NotesAmendments

1992—Par. (7). Pub. L. 102–484 substituted “members of the National Guard (as defined in section 101 of title 10),” for “, but shall not be limited to, members of the National Guard, as defined in section 101(9) of title 10, United States Code,” and “not included within the National Guard (as defined in section 101 of title 10),” for “, not included within the definition of National Guard as defined by such section 101(9),”.

1990—Par. (8). Pub. L. 101–647 added par. (8).

Notes of Decisions
Cited in 68 cases (18 in the last 5 years), 1931–2025 · leading case: United States v. Murphy, 74 M.J. 302 (C.A.A.F. 2015).
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United States v. Murphy, 74 M.J. 302 (C.A.A.F. 2015). · cites it 13× “4 18 U.S.C. § 232 (5) provides a definition of “explosive or incendiary device” for Chapter 12 of the U.”
United States v. Edward Ramon Mena, 933 F.2d 19 (1st Cir. 1991). · cites it 6× “The Arson Statute defines an “explosive” to include inter alia “explosive or incendiary devices within the meaning of [ 18 U.S.C. § 232 (5)].” 18 U.S.C. § 844 (j).”
United States v. Ana Erika Agrillo-Ladlad, & Lawrence J. Fleming, 675 F.2d 905 (7th Cir. 1982). · cites it 5× “§ 8440 ') and 18 U.S.C. § 232 (5) for the purpose of prosecution under 18 U.”
United States v. Frank M. Reed, Jr., & David L. Smith, 726 F.2d 570 (9th Cir. 1984). · cites it 3× “Second, under 18 U.S.C. § 232 (5), which is incorporated into the section 844(j) definition, an explosive or incendiary device includes: (C) any incendiary bomb or grenade, fife bomb, or similar device, including any device which (i) consists of or includes a breakable container…”
United States v. Grassie, 237 F.3d 1199 (10th Cir. 2001). “*1215 § 921(a)(4) and 18 U.S.C. § 232 (5). We are unpersuaded. Even under Mr.”
United States v. Male Juv. (Pierre Y.), 280 F.3d 1008 (9th Cir. 2002). “101-647, entitled “Application of Offenses to Possessions and Territories,” amended the meaning of the term “State” in 18 U.S.C. §§ 232 , 245, 402, 666(d), 1028(d)(5), 1030(e)(3), 1029(f), 1084(e), 1114, 1952(b), 1956(c), 1958(b), 2313, 2315, and 5032.”
United States v. John Katsougrakis, John Hiotis, 715 F.2d 769 (2d Cir. 1983). “18 U.S.C. § 232 (5) (1976). Appellants claim that the substance used to set fire to the Kings Villa Diner — uncontained gasoline— is not an “explosive” within the meaning of the Act and cite as support for that proposition our recent decision in United States v.”
United States v. Samuel B. Hewitt & Bobby Gene Chesser, 663 F.2d 1381 (11th Cir. 1981). “13 That section delineates three kinds of explosives: first, articles like gunpowder and blasting material that are commonly used as explosives; second, “explosive or incendiary devices within the meaning of paragraph 5 of [ 18 U.S.C. § 232 ]”; 14 and third, compounds, mixtures…”
United States v. Graham, 691 F.3d 153 (2d Cir. 2012). · cites it 2× “in the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by…”
United States v. Perlstein, 126 F.2d 789 (3rd Cir. 1942). · cites it 2× “The crime of conspiring to suborn is unaffected by the fact that to commit the substantive offense of suborning perjury it must be shown that perjury was committed as a consequence of the subornation.”
United States v. Ozzie Lee Avery, Jr., 717 F.2d 1020 (6th Cir. 1983). “Parker, and the applicable case law, we are convinced that these materials are properly categorized as an “incendiary bomb” under 18 U.S.C. § 232 (5). Accordingly, we hold that these materials constitute an “explosive” as defined by section 844(j).”
United States v. Joseph Ragusa & John Caresio, 664 F.2d 696 (8th Cir. 1981). · cites it 3× “1980) (throwing lighted paper on gasoline-soaked floor did not constitute an incendiary device as defined in 18 U.S.C. § 232 (5)). The question is whether all components once “connected, in however crude a fashion, [formed] a new entity with destructive capabilities of its own…”
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— 18 U.S.C. § 232(1) — 1 case
Providence Washington Ins. Co. v. James T. Lynn, in His Capacity as the Sec'y of Hous. & Urban Dev., 492 F.2d 979 (1st Cir. 1974).
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