42 U.S.C. § 2272

Violation of specific sections

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(a) Whoever willfully violates, attempts to violate, or conspires to violate, any provision of sections 11 So in original. Probably should be “section”. 2077 or 2131 of this title, or whoever unlawfully interferes, attempts to interfere, or conspires to interfere with any recapture or entry under section 2138 of this title, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than ten years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation shall, upon conviction thereof, be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both.(b) Any person who violates, or attempts or conspires to violate, section 2122 of this title shall be fined not more than $2,000,000 and sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. Any person who, in the course of a violation of section 2122 of this title, uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life. If the death of another results from a person’s violation of section 2122 of this title, the person shall be fined not more than $2,000,000 and punished by imprisonment for life.(Aug. 1, 1946, ch. 724, title I, § 222, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 958; amended Pub. L. 91–161, §§ 2, 3(a), Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 108–458, title VI, § 6904(b), Dec. 17, 2004, 118 Stat. 3771.)Editorial NotesPrior Provisions

Provisions similar to this section were contained in section 1816(a), (b) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

Amendments

2004—Pub. L. 108–458 designated existing provisions as subsec. (a), struck out “, 2122,” after “2077”, and added subsec. (b).

1969—Pub. L. 91–161 increased maximum term of imprisonment from five years to ten years for willful violation, or attempted violation of enumerated sections, and struck out applicability of death penalty for violation of same offenses committed with intent to injure the United States, or secure an advantage to any foreign nation.

Statutory Notes and Related SubsidiariesEffective Date of 1969 Amendment

Pub. L. 91–161, § 7, Dec. 24, 1969, 83 Stat. 445, provided that: “The amendments contained in sections 2 and 3 of this Act [amending this section and sections 2274 and 2276 of this title] shall apply only to offenses under sections 222, 224, 225, and 226 [this section and sections 2274, 2275, and 2276 of this title] which are committed on or after the date of enactment of this Act [Dec. 24, 1969]. Nothing in section 2 or 3 of this Act shall affect penalties authorized under existing law for offenses under section 222, 224, 225, or 226 of the Atomic Energy Act of 1954, as amended, committed prior to the date of enactment of this Act.”

Notes of Decisions

Cited in 10 cases, 1977–2017 · leading case: Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984).

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Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984). · cites it 2× “42 U. S. C. §§ 2272 and 2273 (1976 ed. and Supp.”

United States v. Nicholas Slatten, 865 F.3d 767 (D.C. Cir. 2017). · cites it 2× “42 U.S.C. § 2272 (b). Thus, it appears that outside of Section 924(c), a 30-year mandatory sentence is typically reserved for instances where the defendant has intentionally committed a heinous crime that either harms the most vulnerable of our society or has the potential to…”

United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008). · cites it 3× “§ 447 Bribery of inspector of New York or Baltimore harbors 6 months 42 U.S.C. § 2272 (b) Violation of prohibitions governing atomic weapons; no 25 years death resulting 42 U.”

United States v. George Tom Darby, Constantine Yamanis, Vincent Calise, & Michael Yamanis, 744 F.2d 1508 (11th Cir. 1984). “§ 1651 (piracy punishable by life); 42 U.S.C. § 2272 (atomic energy offenses intended to injure United States or secure advantage for foreign nation punishable by life or term of years); 49 U.”

United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014). “§ 2340A (conspiracy to torture); id. § 2384 (conspiracy to "overthrow, put down, or .”

United States v. Terry Wayne Denson, Stephen Orlando & Joseph James Janish, Defendants- in Re United States of Am., 588 F.2d 1112 (5th Cir. 1979). “§ 2000e-13 (killing a person performing official functions under the Equal Employment Opportunity Act); 42 U.S.C.A. § 2272 (misuse of atomic energy); 42 U.”

Nat'l Pub. Radio v. Bell, 431 F. Supp. 509 (D.D.C. 1977). “See also 42 U.S.C. § 2272 . It involved the interviewing of numerous prospective witnesses and resulted in the Criminal Division’s conclusion that a violation of Federal law had “probably” been committed.”

Drake v. Detroit Edison Co., 443 F. Supp. 833 (W.D. Mich. 1978). “Sections 222 and 223, 42 U.S.C. §§ 2272 , 2273, establish criminal penalties for any willful violations of the Act, and section 232, 42 U.”

United States v. Del Percio, 657 F. Supp. 849 (W.D. Mich. 1987). “§ 2273 (a) and once under 42 U.S.C. §§ 2272 and 2131. Accordingly, the government charges that Section 2273(a), which makes it a crime to “willfully violate .”

United States v. Nicholas Slatten (D.C. Cir. 2017). “42 U.S.C. § 2272 (b). Thus, it appears that outside of Section 924(c), a 30-year mandatory sentence is typically reserved for instances where the defendant has intentionally committed a heinous crime that either harms the most vulnerable of our society or has the potential to…”

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