18 U.S.C. § 1362 – Malicious mischief against communications systems

18 U.S.C. § 1362 – Malicious Mischief Against Communications Systems

18 U.S.C. § 1362 is a federal law that prohibits the willful or malicious destruction or interference of communication systems operated or controlled by the United States, or used for military or civil defense functions. This law makes it a crime to damage or tamper with telephone, telegraph, radio, cable, or other communication equipment if it is owned or operated by the federal government. Let’s break down what this law covers and what kind of penalties someone could face for violating it.

What Does the Law Prohibit?

There are a few key elements that make up a violation of 18 U.S.C. § 1362:

• Willfully (intentionally) or maliciously (with evil intent) injuring or destroying property or material of any radio, telegraph, telephone, cable, or other communication system
• Interfering in any way with the working or use of such a communication system
• Obstructing, hindering, or delaying the transmission of communication over such a system
• Attempting or conspiring to commit any of these acts

The communication system in question must be operated or controlled by the U.S. government, or used for military or civil defense functions. So this law does not apply to privately-owned communication systems. It also does not prohibit lawful strike activities or other lawful collective bargaining efforts, as long as they don’t actually damage equipment or facilities.

What Are the Penalties?

If convicted of violating 18 U.S.C. § 1362, the penalties can include:

• Up to 10 years in federal prison
• Fines under Title 18 of the U.S. Code (which allows fines up to $250,000 for individuals, or $500,000 for organizations)

So this is considered a felony offense, not a misdemeanor, because the maximum term of imprisonment exceeds one year.

What Are Some Examples of Prohibited Acts?

Some things that could potentially violate 18 U.S.C. § 1362 include:¹

• Cutting telephone wires leading to a military base
• Jamming radio signals transmitted by the U.S. Coast Guard
• Hacking into and disrupting an FAA or NOAA communication network
• Destroying cell phone towers used for law enforcement purposes during civil unrest
• Sabotaging underwater fiber optic cables used by the Navy

As you can see, the law encompasses a wide range of possible interference or damage to federal communication facilities. The unifying element is that the defendant’s conduct must be proven to be intentional or malicious.

What Are Some Legal Defenses?

There are a few legal defenses that a defendant could potentially assert to fight a charge under 18 U.S.C. § 1362:²

• Lack of intent – The prosecution must be able to prove that the defendant acted with willful or malicious intent. If the damage was accidental or negligent, that would negate the intent required under the statute.
• Authorization – It may be a valid defense if the defendant reasonably believed they had authorization to access or interfere with the communication system in question. This relies on negating the “unauthorized” element.
• First Amendment – Though unlikely, the defendant could try arguing their conduct was permissible free speech protected under the First Amendment. But malicious property destruction is generally not protected speech.
• Entrapment – If the defendant was induced by law enforcement to commit the crime, when they otherwise would not have, an entrapment defense may succeed.

These types of defenses aim to negate the prosecution’s ability to prove all elements of the offense beyond a reasonable doubt.

Notable Cases

There are not a huge number of published court opinions dealing with 18 U.S.C. § 1362 charges. But here are a few notable cases:

• U.S. v. Carlson³ – Defendants were convicted under 18 U.S.C. § 1362 for cutting phone lines during a protest at an Air Force base.
• U.S. v. Feola⁴ – Defendant’s conviction for conspiring to assault federal officers was upheld, though the court reversed his 18 U.S.C. § 1362 conviction on evidentiary grounds.
• U.S. v. Kabat⁵ – Defendants convicted under 18 U.S.C. § 1362 for damaging missile site communication systems to hinder operation.

These cases illustrate some of the typical scenarios that violations of 18 U.S.C. § 1362 cover – namely, sabotage or disruption of military and national defense communication networks.

Why Was This Law Enacted?

Congress enacted 18 U.S.C. § 1362 in 1948 as part of a broader overhaul of the federal criminal code. The original statute can be found in Chapter 65 of Title 18, which covers “Malicious Mischief.”

This provision was likely aimed at deterring and punishing sabotage and espionage activities targeting military and national defense communication systems, especially during the Cold War era. Disruption of critical communications networks could significantly undermine U.S. security interests. So Congress saw fit to impose felony-level penalties for such conduct.

While physical attacks on communication infrastructure were probably the main initial concern, the statute has endured to cover even cyber-attacks and electronic intrusions affecting federally controlled communication systems today.

How Does This Law Interact With Other Statutes?

There are a few other federal laws that 18 U.S.C. § 1362 overlaps or interacts with, such as:

• 18 U.S.C. § 1361 – Covers malicious damage to federal government property more broadly, compared to just communication systems under § 1362.
• 18 U.S.C. § 1363 – Prohibits malicious damage to buildings or property within special maritime and territorial jurisdiction of the U.S.
• 18 U.S.C. § 1030 – Computer Fraud and Abuse Act, prohibiting hacking/intrusion into government computer systems.

Prosecutors may be able to charge under several of these statutes, but convictions under multiple provisions for the same underlying conduct could raise double jeopardy issues. The analysis depends on whether each statute requires proof of an element the others do not.

Conclusion

Hopefully this breakdown gives you a better understanding of what 18 U.S.C. § 1362 prohibits and how violations of this law can be penalized. The bottom line is that tampering with communication systems like telephone and radio networks used by the government is a felony offense. Defendants do have some legal defenses available, but it is an uphill battle once prosecutors can prove the requisite willful or malicious intent.

As communication technology continues evolving in the digital age, we may see more novel applications of this statute to new forms of sabotage or interference with networks. But the original purpose from 1948 remains relevant today – to protect military and civil defense communication systems that are critical for national security.

References

1. DOJ Criminal Resource Manual: https://www.justice.gov/archives/jm/criminal-resource-manual-2466-destruction-government-property-18-usc-1361 [https://perma.cc/3JYS-2L5K]

2. Justia: https://www.justia.com/criminal/docs/calcrim/500/580/ [https://perma.cc/Y8GC-E2NL]

3. United States v. Carlson, 561 F.2d 105 (1st Cir. 1977)

4. United States v. Feola, 420 U.S. 671 (1975)

5. United States v. Kabat, 797 F.2d 580 (8th Cir. 1986)