§ 81. Arson within special maritime and territorial jurisdiction

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Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both.

If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both.

(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–132, title VII, § 708(b), Apr. 24, 1996, 110 Stat. 1296; Pub. L. 107–56, title VIII, §§ 810(a), 811(a), Oct. 26, 2001, 115 Stat. 380, 381.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 464, 465 (Mar. 4, 1909, ch. 321, §§ 285, 286, 35 Stat. 1144).

Sections were consolidated and rewritten both as to form and substance and that part of each section relating to destruction of property by means other than burning constitutes section 1363 of this title.

The words “within the maritime and territorial jurisdiction of the United States” were added to preserve existing limitations of territorial applicability. (See section 7 of this title and note thereunder.)

The phrase “any building, structure, or vessel, any machinery or building materials and supplies, military or naval stores, munitions of war or any structural aids or appliances for navigation or shipping” was substituted for “any dwelling house, or any store, barn, stable, or other building, parcel of a dwelling house”, in section 464 of title 18, U.S.C., 1940 ed., and “any arsenal, armory, magazine, rope walk, ship house, warehouse, blockhouse, or barrack, or any storehouse, barn or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any vessel, built, building, or undergoing repair, or any lighthouse, or beacon, or any machinery, timber, cables, rigging, or other materials or appliances for building, repairing or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval or victualing stores, arms, or other munitions of war”, in section 465 of title 18, U.S.C., 1940 ed.

The substituted phrase is a concise and comprehensive description of the things enumerated in both sections.

The punishment provisions are new and are graduated with some regard to the gravity of the offense. It was felt that a possible punishment of 20 years for burning a wood pile or injuring or destroying an outbuilding was disproportionate and not in harmony with recent legislation.

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statutes-at-large

Public Law 98–472

U.S. Code

CFR

§ 1047.4
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U.S. Code

15 references not yet in our index

June 25, 1948, ch. 645
62 Stat. 688
Pub. L. 103–322, title XXXIII, § 330016(1)(H)
108 Stat. 2147
Pub. L. 104–132, title VII, § 708(b)
110 Stat. 1296
Pub. L. 107–56, title VIII
115 Stat. 380
Mar. 4, 1909, ch. 321
35 Stat. 1144
section 464 of title 18
section 465 of title 18
Pub. L. 107–56
Pub. L. 104–132
Pub. L. 103–322

Citation graph

cites case law

§ 81

Arson within special maritime and territorial jurisdiction

Fed. Reg.×8

U.S.C.×3

C.F.R.×1

Stat.×1

U.S.C.§ 1363

U.S.C.§ 7

ActJune 25, 1948, ch. 645

Stat.62 Stat. 688

Pub. L.Pub. L. 103–322, title XXXIII, § 330016(1)(H)

Stat.108 Stat. 2147

Pub. L.Pub. L. 104–132, title VII, § 708(b)

Cites 17 · showing 7Cited by 13 across 4 sources