Page:United States Statutes at Large Volume 110 Part 2.djvu/122

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110 STAT. 1296 PUBLIC LAW 104-132—APR. 24, 1996 under subsection (h) for a first conviction for the use or carrying of an explosive material.". SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED. Section 842(h) of title 18, United States Code, is amended to read as follows: "(h) It shall be unlawful for any person to receive, possess, trsinsport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or transported in, interstate or foreign commerce, either before or after such materials were stolen, knowing or having reasonable cause to believe that the explosive materials were stolen.". SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES. (a) IN GENERAL.—Section 844 of title 18, United States Code, is amended— (1) in subsection (e), by striking "five" and inserting "10"; (2) by amending subsection (f) to read as follows: "(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both. "(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both. "(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both."; (3) in subsection (h)— (A) in the first sentence, by striking "5 years but not more than 15 years" and inserting "10 years"; and (B) in the second sentence, by striking "10 years but not more than 25 years" and inserting "20 years"; and (4) in subsection (i)— (A) by striking "not more than 20 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed," and inserting "not less than 5 years and not more than 20 years, fined under this title"; and (B) by striking "not more than 40 years, fined the greater of a fine under this title or the cost of repairing or replacing any property that is damaged or destroyed," and inserting "not less than 7 years and not more than 40 years, fined under this title". (b) CONFORMING AMENDMENT.— Section 81 of title 18, United States Code, is amended by striking "fined under this title or