118 STAT. 3770 PUBLIC LAW 108–458—DEC. 17, 2004 (and that have no legitimate private use) and to threaten or harm the national security or foreign relations of the United States. SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT. Chapter 113B of title 18, United States Code, is amended by adding after section 2332f the following: ‘‘§ 2332g. Missile systems designed to destroy aircraft ‘‘(a) UNLAWFUL CONDUCT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, con- struct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— ‘‘(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to— ‘‘(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or ‘‘(ii) otherwise direct or guide the rocket or missile to an aircraft; ‘‘(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or ‘‘(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B). ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon. ‘‘(3) EXCLUDED CONDUCT.—This subsection does not apply with respect to— ‘‘(A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or ‘‘(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof. ‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if— ‘‘(1) the offense occurs in or affects interstate or foreign commerce; ‘‘(2) the offense occurs outside of the United States and is committed by a national of the United States; ‘‘(3) the offense is committed against a national of the United States while the national is outside the United States; ‘‘(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the prop- erty is within or outside the United States; or ‘‘(5) an offender aids or abets any person over whom juris- diction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. ‘‘(c) CRIMINAL PENALTIES.— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00304 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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