Page:United States Statutes at Large Volume 108 Part 3.djvu/229

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PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1981 shall be imprisoned for 8uiy term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life. "(b) DEFINITIONS. — For purposes of this section— "(1) the term 'national of the United States' has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and "(2) the term 'weapon of mass destruction' means— "(A) any destructive device as defined in section 921 of this title; "(B) poison gas; "(C) any weapon involving a disease organism; or "(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.". (b) TECHNICAL AMENDMENT.— The chapter analysis for chapter 113A of title 18, United States Code, is amended by inserting after the item relating to section 2332 the following: "2332a. Use of weapons of mass destruction.". SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING. Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended— (1) in paragraph (1)— (A) by striking "(1) Any person" and inserting "(1)(A) Any person"; (B) by striking "(A) knowing" and inserting "(i) knowing"; (C) by striking "(B) knowing" and inserting "(ii) knowing" ing" (D) by striking "(C) knowing" and inserting "(iii) know- (E) by striking "(D) encourages" and inserting "(iv) encourages"; (F) by striking "shall be fined in accordance with title 18, or imprisoned not more than five years, or both, for each alien in respect to whom any violation of this paragraph occurs" and inserting "shall be punished as provided in subparagraph (B)"; and (G) by adding at the end the following new subparagraph: "(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs— "(i) in the case of a violation of subparagraph (A)(i), be fined under title 18, United States Code, imprisoned not more than 10 years, or both; "(ii) in the case of a violation of subparagraph (A) (ii), (iii), or (iv), be fined under title 18, United States Code, imprisoned not more than 5 years, or both; "(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), or (iv) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18, United States Code) to, or places in jeopardy the life of, any person, be fined under title 18, United States Code, imprisoned not more than 20 years, or both; and "(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), or (iv) resulting in the death of any person, be punished