18 U.S.C. § 2332a

Use of weapons of mass destruction

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar

(a)Offense Against a National of the United States or Within the United States.—A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction—(1) against a national of the United States while such national is outside of the United States;(2) against any person or property within the United States, and(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States; or(4) against any property within the United States that is owned, leased, or used by a foreign government,shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.(b)Offense by National of the United States Outside of the United States.—Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.(c)Definitions.—For purposes of this section—(1) the term “national of the United States” has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));(2) the term “weapon of mass destruction” means—(A) any destructive device as defined in section 921 of this title;(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;(C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title); or(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and(3) the term “property” includes all real and personal property.(Added Pub. L. 103–322, title VI, § 60023(a), Sept. 13, 1994, 108 Stat. 1980; amended Pub. L. 104–132, title V, § 511(c), title VII, § 725, Apr. 24, 1996, 110 Stat. 1284, 1300; Pub. L. 104–294, title VI, § 605(m), Oct. 11, 1996, 110 Stat. 3510; Pub. L. 105–277, div. I, title II, § 201(b)(1), Oct. 21, 1998, 112 Stat. 2681–871; Pub. L. 107–188, title II, § 231(d), June 12, 2002, 116 Stat. 661; Pub. L. 108–458, title VI, § 6802(a), (b), Dec. 17, 2004, 118 Stat. 3766, 3767.)Editorial NotesAmendments

2004—Pub. L. 108–458, § 6802(b)(1), struck out “certain” before “weapons” in section catchline.

Subsec. (a). Pub. L. 108–458, § 6802(b)(2), struck out “(other than a chemical weapon as that term is defined in section 229F)” after “mass destruction” in introductory provisions.

Subsec. (a)(2). Pub. L. 108–458, § 6802(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “against any person within the United States, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce; or”.

Subsec. (a)(4). Pub. L. 108–458, § 6802(a)(2), (3), added par. (4).

Subsec. (b). Pub. L. 108–458, § 6802(b)(3), struck out “(other than a chemical weapon (as that term is defined in section 229F))” after “mass destruction”.

Subsec. (c)(3). Pub. L. 108–458, § 6802(a)(4)–(6), added par. (3).

2002—Subsec. (a). Pub. L. 107–188, § 231(d)(1), substituted “section 229F)—” for “section 229F), including any biological agent, toxin, or vector (as those terms are defined in section 178)—” in introductory provisions.

Subsec. (c)(2)(C). Pub. L. 107–188, § 231(d)(2), substituted “a biological agent, toxin, or vector (as those terms are defined in section 178 of this title)” for “a disease organism”.

1998—Pub. L. 105–277, § 201(b)(1)(A), inserted “certain” before “weapons” in section catchline.

Subsec. (a). Pub. L. 105–277, § 201(b)(1)(B), inserted “(other than a chemical weapon as that term is defined in section 229F)” after “weapon of mass destruction” in introductory provisions.

Subsec. (b). Pub. L. 105–277, § 201(b)(1)(C), inserted “(other than a chemical weapon (as that term is defined in section 229F))” after “weapon of mass destruction”.

1996—Subsec. (a). Pub. L. 104–132, §§ 511(c), 725(1)(A), (B), in heading, inserted “Against a National of the United States or Within the United States” after “Offense”, and in introductory provisions, substituted “, without lawful authority, uses, threatens, or attempts” for “uses, or attempts” and inserted “, including any biological agent, toxin, or vector (as those terms are defined in section 178)” after “mass destruction”.

Subsec. (a)(2). Pub. L. 104–132, § 725(1)(C), inserted before semicolon at end “, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce”.

Subsec. (b). Pub. L. 104–132, § 725(4), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (b)(2)(B). Pub. L. 104–132, § 725(2), as amended by Pub. L. 104–294, § 605(m), added subpar. (B) and struck out former subpar. (B) which read as follows: “poison gas;”.

Subsec. (c). Pub. L. 104–132, § 725(3), redesignated subsec. (b) as (c).

Notes of Decisions

Cited in 163 cases (28 in the last 5 years), 1995–2026 · leading case: United States v. Randeep Mann, 701 F.3d 274 (8th Cir. 2012).

Sort: Relevance Newest Treatment

United States v. Randeep Mann, 701 F.3d 274 (8th Cir. 2012). · cites it 20× “Randeep Mann was convicted by a jury of conspiring to use and aiding and abetting in the use of a weapon of mass destruction in violation of 18 U.S.C. § 2332a; causing the damage or destruction of a vehicle by means of an explosive resulting in personal injury in violation of 18…”

United States v. Nichols, 169 F.3d 1255 (10th Cir. 1999). · cites it 16× “Terry Lynn Nichols appeals his conviction and sentence after having been found guilty of conspiring to use a weapon of mass destruction, 18 U.S.C. § 2332a, and eight counts of involuntary manslaughter, §§ 1114, 1112.”

United States v. Tsarnaev, 968 F.3d 24 (1st Cir. 2020). · cites it 9× “Conspiring to use a weapon of mass destruction resulting in the deaths of Krystle Campbell, Sean Collier, Lingzi Lu, and Martin Richard, in violation of 18 U.S.C. § 2332a. 2. Using a weapon of mass destruction (pressure cooker bomb #1) resulting in the death of Krystle Campbell,…”

United States v. McVeigh, 153 F.3d 1166 (10th Cir. 1998). · cites it 9× “On August 10, 1995, a federal grand jury returned an eleven-count indictment against McVeigh and Terry Lynn Nichols (“Nichols”) charging: one count of conspiracy to use a weapon of mass destruction in violation of 18 U.S.C. § 2332a and 18 U.S.C. § 2 (a) & (b); one count of use…”

United States v. Odeh, 552 F.3d 93 (2d Cir. 2008). · cites it 6× “In addition, Odeh and Al-’Owhali were convicted of conspiracy to use weapons of mass destruction against United States nationals and property overseas in violation of 18 U.S.C. § 2332a(a)(l) & (3) (Count 3). 12 Odeh and Al-’Owhali were also convicted of the following substantive…”

United States v. Roger v. Evans, 478 F.3d 1332 (11th Cir. 2007). · cites it 5× “Due Process Evans argues that the district court misinterpreted the requirements of 18 U.S.C. § 2332a and 18 U.S.C. § 876 (c).”

United States v. Thomas C. Leahy, 169 F.3d 433 (7th Cir. 1999). · cites it 11× “To justify the extent of this departure, the district court first turned to 18 U.S.C. § 2332a, which penalizes the use of “weapons of mass destruction,” for guidance.”

United States v. Harlem Suarez, 893 F.3d 1330 (11th Cir. 2018). · cites it 4× “Discussion A. Sufficiency of the Evidence Suarez claims that the evidence was insufficient to support his conviction for attempting to use a weapon of mass destruction, in violation of 18 U.”

Mann v. Pierce, 2016 Ark. 418 (Ark. 2016). · cites it 4× “18 U.S.C.A. § 2332a. In order to prove the alleged torts of assault and battery, the Pierces would have to prove that Mann intentionally placed Dr.”

United States v. Lafi Khalil, Gazi Ibrahim Abu Mezer, 214 F.3d 111 (2d Cir. 2000). · cites it 6× “Abu Mezer was convicted on two counts of conspiring and threatening, respectively, to use a weapon of mass destruction, in violation of 18 U.S.C. § 2332a (1994 & Supp. Ill 1997), and one count of using and carrying a firearm during and in relation to those crimes, in violation…”

United States v. Stone, 608 F.3d 939 (6th Cir. 2010). · cites it 4× “§ 2384 (count one), attempt to use weapons of mass destruction in violation of 18 U.S.C. § 2332a(a)(2) (count two), and two counts of carrying and using firearms during and in relation to the crimes of violence charged in counts one and two, as well as possessing firearms in…”

United States v. Noel Davila, 461 F.3d 298 (2d Cir. 2006). · cites it 4× “mail, in violation of 18 U.S.C. §§ 2332a and 876(c). Count One of the indictment charged that Davila had violated section 2332a by threatening the use of a biological agent, toxin, or vector against members and employees of the Connecticut State’s Attorney’s Office at Bridgeport.”

Show all 163 citing cases →

— 18 U.S.C. § 2332a(2) — 1 case

United States v. Garey, 383 F. Supp. 2d 1374 (M.D. Ga. 2005).

— 18 U.S.C. § 2332a(2)(D) — 1 case

United States v. Randeep Mann, 701 F.3d 274 (8th Cir. 2012). “Randeep Mann was convicted by a jury of conspiring to use and aiding and abetting in the use of a weapon of mass destruction in violation of 18 U.S.C. § 2332a; causing the damage or destruction of a vehicle by means of an explosive resulting in personal injury in violation of 18…”

— 18 U.S.C. § 2332a(a) — 34 cases

United States v. Nichols, 169 F.3d 1255 (10th Cir. 1999). “Terry Lynn Nichols appeals his conviction and sentence after having been found guilty of conspiring to use a weapon of mass destruction, 18 U.S.C. § 2332a, and eight counts of involuntary manslaughter, §§ 1114, 1112.”

United States v. Moussaoui, 591 F.3d 263 (4th Cir. 2010).

United States v. Antonio Simmons, 999 F.3d 199 (4th Cir. 2021).

United States v. Lafi Khalil, Gazi Ibrahim Abu Mezer, 214 F.3d 111 (2d Cir. 2000). “Abu Mezer was convicted on two counts of conspiring and threatening, respectively, to use a weapon of mass destruction, in violation of 18 U.S.C. § 2332a (1994 & Supp. Ill 1997), and one count of using and carrying a firearm during and in relation to those crimes, in violation…”

United States v. Bin Laden, 91 F. Supp. 2d 600 (S.D.N.Y. 2000).

— 18 U.S.C. § 2332a(a)(1) — 7 cases

Al-'Owhali v. United States, 36 F.4th 461 (2d Cir. 2022).

United States v. Ahmed Alahmedalabdaloklah, 94 F.4th 782 (9th Cir. 2023).

United States v. Bin Laden, 146 F. Supp. 2d 373 (S.D.N.Y. 2001).

United States v. Ahmed Alahmedalabdaloklah (9th Cir. 2024).

Odeh v. Warden, FCC Coleman - USP I (M.D. Fla. 2025).

— 18 U.S.C. § 2332a(a)(2) — 36 cases

United States v. Stone, 608 F.3d 939 (6th Cir. 2010). “§ 2384 (count one), attempt to use weapons of mass destruction in violation of 18 U.S.C. § 2332a(a)(2) (count two), and two counts of carrying and using firearms during and in relation to the crimes of violence charged in counts one and two, as well as possessing firearms in…”

United States v. Ansberry, 976 F.3d 1108 (10th Cir. 2020).

United States v. Viscome, 144 F.3d 1365 (11th Cir. 1998).

United States v. Sami Osmakac, 868 F.3d 937 (11th Cir. 2017).

United States v. Khalid Aldawsari, 740 F.3d 1015 (5th Cir. 2014).

— 18 U.S.C. § 2332a(a)(2)(A) — 6 cases

United States v. Mohamed Mohamud, 843 F.3d 420 (9th Cir. 2016).

United States v. Mohamed Mohamud (9th Cir. 2016).

United States v. Mohamed Mohamud, 666 F. App'x 591 (9th Cir. 2016).

United States v. Allen, 364 F. Supp. 3d 1234 (D. Kan. 2019).

United States v. Barry Croft, Jr. (6th Cir. 2025).

— 18 U.S.C. § 2332a(a)(2)(B) — 3 cases

United States v. Douglas Wright, 747 F.3d 399 (6th Cir. 2014).

United States v. Joshua Stafford, 782 F.3d 786 (6th Cir. 2015).

United States v. Anthony Hayne (6th Cir. 2020).

— 18 U.S.C. § 2332a(a)(2)(C) — 2 cases

United States v. Crawford, 714 F. App'x 27 (2d Cir. 2017).

United States v. Barry Croft, Jr. (6th Cir. 2025).

— 18 U.S.C. § 2332a(a)(2)(D) — 8 cases

United States v. Harlem Suarez, 893 F.3d 1330 (11th Cir. 2018). “Discussion A. Sufficiency of the Evidence Suarez claims that the evidence was insufficient to support his conviction for attempting to use a weapon of mass destruction, in violation of 18 U.”

United States v. Isabel Yero Grimon, 923 F.3d 1302 (11th Cir. 2019).

United States v. Adel Daoud, 755 F.3d 479 (7th Cir. 2014).

United States v. Adel Daoud, 980 F.3d 581 (7th Cir. 2020).

— 18 U.S.C. § 2332a(a)(3) — 10 cases

United States v. Roger v. Evans, 478 F.3d 1332 (11th Cir. 2007). “Due Process Evans argues that the district court misinterpreted the requirements of 18 U.S.C. § 2332a and 18 U.S.C. § 876 (c).”

United States v. Parr, 545 F.3d 491 (7th Cir. 2008).

United States v. Bin Laden, 92 F. Supp. 2d 189 (S.D.N.Y. 2000).

United States v. Thomas Arthur Palmer, 380 F.3d 395 (8th Cir. 2004).

United States v. Parr, Steven J. (7th Cir. 2008).

— 18 U.S.C. § 2332a(a)(S) — 1 case

United States v. Schipke, 291 F. App'x 107 (9th Cir. 2008).

— 18 U.S.C. § 2332a(a)(l) — 7 cases

United States v. Odeh, 552 F.3d 93 (2d Cir. 2008). “In addition, Odeh and Al-’Owhali were convicted of conspiracy to use weapons of mass destruction against United States nationals and property overseas in violation of 18 U.S.C. § 2332a(a)(l) & (3) (Count 3). 12 Odeh and Al-’Owhali were also convicted of the following substantive…”

United States v. Bin Laden, 91 F. Supp. 2d 600 (S.D.N.Y. 2000).

United States v. Reid, 369 F.3d 619 (1st Cir. 2004).

United States v. Bin Laden, 92 F. Supp. 2d 225 (S.D.N.Y. 2000).

United States v. Bin Laden, 92 F. Supp. 2d 189 (S.D.N.Y. 2000).

— 18 U.S.C. § 2332a(b) — 5 cases

Van Duc Vo, A/K/A Vo Van Duc, Nguyen Tran Van & Trang Van Nguyen v. Michael L. Benov, Warden, 447 F.3d 1235 (9th Cir. 2006).

United States v. Al Farekh, 956 F.3d 99 (2d Cir. 2020).

United States v. Yasith Chhun, 744 F.3d 1110 (9th Cir. 2014).

United States v. Basaaly Moalin (9th Cir. 2020).

Vo v. Benov (9th Cir. 2006).

— 18 U.S.C. § 2332a(b)(2)(B) — 1 case

— 18 U.S.C. § 2332a(c) — 1 case

United States v. Thomas C. Leahy, 169 F.3d 433 (7th Cir. 1999). “To justify the extent of this departure, the district court first turned to 18 U.S.C. § 2332a, which penalizes the use of “weapons of mass destruction,” for guidance.”

— 18 U.S.C. § 2332a(c)(2) — 3 cases

United States v. Tsarnaev, 157 F. Supp. 3d 57 (D. Mass. 2016).

In re Terrorist Bombings of U.S. Embassies (2d Cir. 2008).

— 18 U.S.C. § 2332a(c)(2)(A) — 1 case

United States v. Allen, 364 F. Supp. 3d 1234 (D. Kan. 2019).

— 18 U.S.C. § 2332a(c)(2)(B) — 3 cases

People of Michigan v. Wilson Thompson Byczek (Mich. Ct. App. 2021).

United States v. Allen, 364 F. Supp. 3d 1234 (D. Kan. 2019).

— 18 U.S.C. § 2332a(c)(2)(C) — 2 cases

United States v. Slaughter, 116 F. Supp. 2d 688 (W.D. Va. 2000).

Mirshahi, M.D. v. Patient First Richmond Med. Grp., LLC (E.D. Va. 2024).

— 18 U.S.C. § 2332a(c)(2)(D) — 1 case

United States v. Crawford, 714 F. App'x 27 (2d Cir. 2017).

— 18 U.S.C. § 2332a(e)(2)(A) — 1 case

— 18 U.S.C. § 2332a(l) — 1 case

United States v. Alwan, 822 F. Supp. 2d 672 (W.D. Ky. 2011).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.