U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 113B— TERRORISM

18 U.S.C. § 2332g

Missile systems designed to destroy aircraft

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(a)Unlawful Conduct.—(1)In general.—Except as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use—(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to—(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or(ii) otherwise direct or guide the rocket or missile to an aircraft;(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B).(2)Nonweapon.—Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon.(3)Excluded conduct.—This subsection does not apply with respect to—(A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof.(b)Jurisdiction.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—(1) the offense occurs in or affects interstate or foreign commerce;(2) the offense occurs outside of the United States and is committed by a national of the United States;(3) the offense is committed against a national of the United States while the national is outside the United States;(4) the offense is committed 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 the United States; or(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.(c)Criminal Penalties.—(1)In general.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.(2)Other circumstances.—Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life.(3)Special circumstances.—If the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.(d)Definition.—As used in this section, the term “aircraft” has the definition set forth in section 40102(a)(6) of title 49, United States Code.(Added Pub. L. 108–458, title VI, § 6903, Dec. 17, 2004, 118 Stat. 3770.)
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 2004–2025 · leading case: United States v. Al Kassar, 660 F.3d 108 (2d Cir. 2011).
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United States v. Al Kassar, 660 F.3d 108 (2d Cir. 2011). · cites it 12× “[3] Conspiracy to acquire and export SAMs in violation of 18 U.S.C. § 2332g. [4] Conspiracy to provide material support to a known terrorist organization in violation of 18 U.”
Doe v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. 2004). · cites it 5× “§ 3 (2003) (proposed 18 U.S.C. § 2332g(a)). 114 . Id. (proposed 18 U.”
United States v. Cromitie (Williams), 727 F.3d 194 (2d Cir. 2013). · cites it 2× “Specifically, they point out that their mandatory minimum sentences resulted from convictions on Counts 5 and 6, punishing conspiring and attempting, respectively, to acquire and use anti-aircraft missiles (18 U.S.C. § 2332g), and that the idea of planning the use of such…”
United States v. Rami Ghanem, 993 F.3d 1113 (9th Cir. 2021). · cites it 3× “GHANEM SUMMARY ** Criminal Law The panel vacated a conviction for conspiracy to violate 18 U.S.C. § 2332g, which prohibits illicit dealings in guided surface-to-air missiles; vacated the sentence; and remanded for further proceedings.”
United States v. Bout, 731 F.3d 233 (2d Cir. 2013). · cites it 2× “§§ 1114 and 1117; (3) conspiracy to acquire and export a missile system designed to destroy aircraft, in violation of 18 U.S.C. § 2332g 1 ; and (4) conspiracy to provide material support or resources to a designated foreign terrorist organization, in violation of 18 U.”
United States v. Garavito-Garcia, 827 F.3d 242 (2d Cir. 2016). “§§ 2339B(a)(l) and (d)(1) (Count Three); and conspiracy to acquire and transfer anti-aircraft missiles, in violation of 18 U.S.C. § 2332g (Count Four). Garavito-Garcia raises four issues on appeal: (1) that the District Court improperly denied his motion to dismiss the…”
United States v. Kassar, 582 F. Supp. 2d 488 (S.D.N.Y. 2008). · cites it 2× “As to Count 3, which charges that defendants conspired to acquire and use anti-aircraft missiles in violation of 18 U.S.C. § 2332g, defendants contend that the facts alleged therein fall within section 2332g’s exclusion for “conduct by or under the authority of the United States…”
United States v. Mohanad Hammadi, 737 F.3d 1043 (6th Cir. 2013). “Furthermore, their conspiracy to deliver the surface-to-air missiles violated 18 U.S.C. § 2332g, which the government charged in Count 10.”
Eur. Cmty. v. RJR Nabisco, Inc., 783 F.3d 123 (2d Cir. 2015). “, 18 U.S.C. §§ 2332g (conduct involving antiaircraft missile systems); 2339D (terrorist military training).”
United States v. Rami Ghanem (9th Cir. 2025). · cites it 5× “The district court resentenced Ghanem on remand after this court vacated his jury conviction for conspiring to acquire, transport, and use surface-to-air missiles in violation of 18 U.S.C. § 2332g. The panel rejected all of Ghanem’s arguments that the district court committed…”
United States v. Jack, 257 F.R.D. 221 (E.D. Cal. 2009). “§ 956 (a)) (Count II) and conspiracy to possess missile systems (18 U.S.C. § 2332g) (Count III). All five conspiracy charges relate to the defendants’ alleged participation in a plot to ship weapons to Laos in order to facilitate the overthrow of the communist government of Laos…”
United States v. Yi Qing Chen, 526 F. App'x 772 (9th Cir. 2013). “The district court erred by failing to instruct the jury that the statute underlying Chen’s conviction for conspiracy to acquire missiles designed to destroy aircraft, 18 U.S.C. § 2332g, was enacted during the alleged conspiracy period.”
Show all 13 citing cases →
— 18 U.S.C. § 2332g(a) — 2 cases
United States v. Al Kassar, 660 F.3d 108 (2d Cir. 2011). “[3] Conspiracy to acquire and export SAMs in violation of 18 U.S.C. § 2332g. [4] Conspiracy to provide material support to a known terrorist organization in violation of 18 U.”
Doe v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. 2004). “§ 3 (2003) (proposed 18 U.S.C. § 2332g(a)). 114 . Id. (proposed 18 U.”
— 18 U.S.C. § 2332g(a)(1) — 1 case
United States v. Reza Olangian (2d Cir. 2020).
— 18 U.S.C. § 2332g(a)(3) — 1 case
United States v. Al Kassar, 660 F.3d 108 (2d Cir. 2011). “[3] Conspiracy to acquire and export SAMs in violation of 18 U.S.C. § 2332g. [4] Conspiracy to provide material support to a known terrorist organization in violation of 18 U.”
— 18 U.S.C. § 2332g(a)(3)(A) — 1 case
United States v. Kassar, 582 F. Supp. 2d 488 (S.D.N.Y. 2008). “As to Count 3, which charges that defendants conspired to acquire and use anti-aircraft missiles in violation of 18 U.S.C. § 2332g, defendants contend that the facts alleged therein fall within section 2332g’s exclusion for “conduct by or under the authority of the United States…”
— 18 U.S.C. § 2332g(a)(l) — 2 cases
United States v. Al Kassar, 660 F.3d 108 (2d Cir. 2011). “[3] Conspiracy to acquire and export SAMs in violation of 18 U.S.C. § 2332g. [4] Conspiracy to provide material support to a known terrorist organization in violation of 18 U.”
Doe v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. 2004). “§ 3 (2003) (proposed 18 U.S.C. § 2332g(a)). 114 . Id. (proposed 18 U.”
— 18 U.S.C. § 2332g(c) — 1 case
Doe v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. 2004). “§ 3 (2003) (proposed 18 U.S.C. § 2332g(a)). 114 . Id. (proposed 18 U.”
— 18 U.S.C. § 2332g(c)(1) — 1 case
United States v. Rami Ghanem (9th Cir. 2025). “The district court resentenced Ghanem on remand after this court vacated his jury conviction for conspiring to acquire, transport, and use surface-to-air missiles in violation of 18 U.S.C. § 2332g. The panel rejected all of Ghanem’s arguments that the district court committed…”
— 18 U.S.C. § 2332g(d) — 1 case
Doe v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. 2004). “§ 3 (2003) (proposed 18 U.S.C. § 2332g(a)). 114 . Id. (proposed 18 U.”
— 18 U.S.C. § 2332g(e) — 1 case
Doe v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. 2004). “§ 3 (2003) (proposed 18 U.S.C. § 2332g(a)). 114 . Id. (proposed 18 U.”
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