Destruction of Government PropertyMalicious
-- Destruction of energy facility18 U.S.C. § 1366
Title 18, United States Code, Section 1366 is designed to extend
Federal protection to all types of energy production, transmission and
distribution facilities, including all transmission lines and pipelines,
exception of facilities under the jurisdiction of the Nuclear Regulatory
Commission, see S. Rep. No. 98-225, 98th Cong., 1st Sess.,
in 1984 U.S. Code Cong. and Adm. News 3182, 3501, and natural gas
facilities under the jurisdiction of the Federal Energy Regulatory
see Revision of Title 49, Transportation, United States Code, Pub. L.
103-272, § 5(e)(9), 108 Stat. 745, 1374 (1990).|
In creating section 1366, Congress envisioned that this statute
be used only "on a selective, case-by-case basis." See S. Rep. No.
98-225, 98th Cong., 1st Sess., reprinted in 1984 U.S. Code Cong. and
News 3182, 3501-02.
Section 1366 is a specific intent crime requiring the government to
prove that defendant acted "knowingly and willfully." In addition to the
exceptions above, Federal jurisdiction under § 1366 is dependent upon
existence of any one of three "jurisdictional facts": (1) "significant
interruption or impairment of a function of [the] energy facility"; and (2)
damage or attempted damage exceeding $100,000; or (3) damage or attempted
in the amount of $5,000. When the offense causes significant interruption
facility, or results or would have resulted in damages exceeding $100,000,
defendant is subject to a fine of up to $250,000, ten years imprisonment, or
both. If actual or projected damage exceeds $5,000, but is less than
the defendant may be sentenced to imprisonment for up to five years, a fine
up to $250,000, or both. See 18 U.S.C. §§ 3559(a),
Section 1366 is a designated "Federal crime of terrorism" if the
offense is "calculated to influence or affect the conduct of government by
intimidation or coercion, or to retaliate against government conduct . . .
U.S.C. § 2332b(g)(5). If such is present, the FBI is the primary
investigative agency. See 18 U.S.C. § 2332b(f).
[cited in USAM 9-66.500]