McNabb Associates, P.C. - Attorneys at Law

McNABB ASSOCIATES, P.C.

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Bombings of Places of Public Use, Government Facilities, Public Transportation Systems, and Infrastructure Facilities (18 U.S.C. § 2332f)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant delivered, placed, discharged, or detonated an explosive device in, on, or against any place of public use, federal government facility, public transportation system, or infrastructure facility; or
2. That the defendant conspired to deliver, place, discharge, or detonate an explosive device in, on, or against any place of public use, federal government facility, public transportation system, or infrastructure facility; or
3. That the defendant acted with the intention of causing death, serious bodily injury, or extensive destruction which caused, or was likely to cause, serious economic loss.

Potential Punishment:
One may be found guilty of a felony, fined, and imprisoned up to life, and, if death results, may face the death penalty.

Destruction of War Material, War Premises, or War Utilities (18 U.S.C. § 2153)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant injured, destroyed, contaminated, infected, or attempted or conspired to so injure, destroy, contaminate or infect any war material, war premises, or war utilities; or
2. That the defendant acted with the intent to injure, interfere with, or obstruct the United States or its allies in preparing for or executing a war or other defense activity;
3. That the United States was, when the defendant acted, in a state of war or national emergency declared by the President or the Congress.

Potential Punishment:
One may be found guilty of a felony, fined, and imprisoned up 30 years.

Destruction of National Defense Material, Premises, or Utilities (18 U.S.C. § 2155)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant injured, destroyed, contaminated, infected, or attempted or conspired to so injure, destroy, contaminate or infect any national defense material, premise, or utility; or
2. That the defendant acted with the intent to injure, interfere with, or obstruct the federal government in providing for its national security.

Potential Punishment:
One may be found guilty of a felony, fined, and imprisoned up 10 years, and if death results, may face the death penalty.

Production of Defective War Material, War Premises, or War Utilities (18 U.S.C. § 2154)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant constructed or caused to be constructed any war material, premise, or utility, or any tool, implement, machine, utensil, or receptacle used in making, producing, manufacturing, or repairing any such war material, premise, or utility;
2. That the defendant acted with the intent to injure, interfere with, or obstruct the United States or its allies in preparing for or executing a war or other defense activity;
3. That the United States was, when the defendant acted, in a state of war or national emergency declared by the President or the Congress.

Potential Punishment:
One may be found guilty of a felony, fined, and imprisoned up 30 years.

Production of Defective National Defense Materials, Premises, or Utilities (18 U.S.C. § 2156)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant constructed or caused to be constructed any national defense material, premise, or utility, or any tool, implement, machine, utensil, or receptacle used in making, producing, manufacturing, or repairing any such national defense material, premise, or utility;
2. That the defendant acted with the intent to injure, interfere with, or obstruct the federal government in providing for its national security;

Potential Punishment:
One may be found guilty of a felony, fined, and imprisoned up 10 years, and if death results, may face the death penalty.

Destruction of Government Property (18 U.S.C. §§ 1361-1362)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant committed any an act of depredation against specific property;
2. That the property was owned by the federal government (including federal communications);
3. That the defendant’s actions were willful;
4. That the actions of the defendant were not lawful acts of strike for the purposes of collective bargaining.

So how have the courts interpreted the Destruction of Property statute?

A. Actual damage to government property is a requisite for conviction under the statute. United States v. Beneke, 449 F.2d 1259 (8th Cir. 1971).
B. The government is required to prove beyond a reasonable doubt that not only was there willful intent to commit the crime, but that the intent was very specific to the crime committed. United States v. Jones, 607 F.2d 269 (9th Cir. 1979).
C. The government is not required to prove that the defendant knows that the property destroyed is government property for conviction under the statute. United States v. LaPorta, 46 F.3d 152 (2nd Cir. 1994)

Potential Punishment:
Upon conviction, if the property destruction is estimated to be worth more than $1,000, than one may be found guilty of a felony, fined and imprisoned for up to ten years. If the property destruction does not exceed $1,000, than one may be found guilty of a misdemeanor, fined and imprisoned for up to one year. This distinction between dollar amounts is dropped when the property destroyed involves federal communications, at which point any such destruction is considered a felony, and may be punished both by fine and imprisonment for up to ten years.

Trespassing or Destruction of Fortifications, Harbor Defenses, or Defensive Sea Areas (18 U.S.C. § 2152)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant trespassed upon, injured, or destroyed any of the works or property or material of any submarine mine, torpedo, fortification, or harbor-defense system owned or constructed by the federal government; or
2. That the defendant interfered with the operation or use of any such submarine, mine, torpedo, fortification, or harbor-defense system; or
3. That the defendant violated an order or regulation of the President governing personnel or vessels within the limits of defense sea areas designated by Executive Order;
4. That the defendant acted willingly and knowingly.

Potential Punishment:
One may be found guilty of a felony, fined, and imprisoned up 5 years.