§1366. Destruction of an energy facility

(a) Whoever knowingly and willfully damages or attempts to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been completed have exceeded $100,000, or damages or attempts to damage the property of an energy facility in any amount and causes or attempts to cause a significant interruption or impairment of a function of an energy facility, shall be punishable by a fine under this title or imprisonment for not more than ten years, or both.

(b) Whoever knowingly and willfully damages or attempts to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been completed have exceeded $5,000 shall be punishable by a fine under this title, or imprisonment for not more than five years, or both.

(c) For purposes of this section, the term "energy facility" means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in section 60101 of title 49.

(Added Pub. L. 98–473, title II, §1011(a), Oct. 12, 1984, 98 Stat. 2141 , §1365; renumbered §1366, Pub. L. 99–646, §29(a), Nov. 10, 1986, 100 Stat. 3598 ; amended Pub. L. 101–647, title XXXV, §§3545, 3546, Nov. 29, 1990, 104 Stat. 4926 ; Pub. L. 103–272, §5(e)(9), July 5, 1994, 108 Stat. 1374 ; Pub. L. 103–322, title XXXII, §320903(d)(3), title XXXIII, §330016(2)(C), Sept. 13, 1994, 108 Stat. 2125 , 2148.)

Amendments

1994-Subsec. (a). Pub. L. 103–322, §330016(2)(C), substituted "fine under this title" for "fine of not more than $50,000".

Pub. L. 103–322, §320903(d)(3), inserted "or attempts to damage" after "damages" in two places, "or would if the attempted offense had been completed have exceeded" after "exceeds", and "or attempts to cause" after "causes".

Subsec. (b). Pub. L. 103–322, §330016(2)(C), substituted "fine under this title" for "fine of not more than $25,000".

Pub. L. 103–322, §320903(d)(3)(A), (C), inserted "or attempts to damage" after "damages" and "or would if the attempted offense had been completed have exceeded" after "exceeds".

Subsec. (c). Pub. L. 103–272 substituted "an interstate gas pipeline facility as defined in section 60101 of title 49" for "interstate transmission facilities, as defined in section 2 of the Natural Gas Pipeline Safety Act of 1968".

1990-Subsec. (c). Pub. L. 101–647, §3545, substituted "section 2 of the Natural Gas Pipeline Safety Act of 1968" for "49 U.S.C. 1671".

Subsec. (d). Pub. L. 101–647, §3546, struck out subsec. (d) which read as follows: "The table of contents for chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new item: '1365 Destruction of an energy facility.' "

Section Referred to in Other Sections

This section is referred to in sections 2332b, 2339A, 2516 of this title.