Federal Bombing Charges: Explosives Violations.

While it may be easy to assume that federal explosives law only applies to an attempted bombing, there is a wide range of conduct that triggers federal liability under the laws codified in Title 18, Chapter 40. Of course, the specific consequences of federal criminal charges under these laws depend on the particular charges involved, but with that said, a detonation may not necessarily be necessary in order for penalties to apply.

What Are Considered “Explosive Materials” Under Federal Law?

Under 18 U.S.C. § 841(c), “explosive materials” means “explosives, blasting agents, and detonators.”

The Range of Conduct that Could Trigger Federal Explosives Charges

Federal law includes a variety of provisions that punish various forms of conduct involving explosive materials. Some of these provisions carve out specific offenses in addition to the general offenses of possession and use of explosive materials. Some examples include:

• Theft of explosive materials, receipt of stolen explosive materials, and unlawful distribution of explosive materials
• Possession of explosive materials in certain circumstances
• Threats made using “explosive material” or “explosive device”
• Use of an explosive device or materials to threaten property damage
• Possession of explosive materials without a license, or licensing violations involving explosives

Federal Conspiracy, Aiding-and-Abetting, and Other Theories of Liability

In addition to these direct offenses, federal criminal charges can also be brought based on theories of liability such as conspiracy, aiding-and-abetting, and attempt. These charges do not require the commission of a completed act, and they can carry penalties equivalent to those charged under federal explosives statutes.

Which Threat Statute Fits the Message, Target, and Threatened Conduct?

Depending on the nature of a threat, federal prosecutors may seek charges under one or more of the federal statutes. These statutes all contain language that may be used to characterize a single communication, which in turn may lead to multiple charges. In many cases, federal prosecutors will charge an individual under all applicable statutes, and it is up to federal defense counsel to demonstrate that at least some of the charges are invalid. Examples include:

1. 18 U.S.C. § 844(e)

As a primary statute used to address explosive violations, Section 844(e) criminalizes any threat to damage or destroy any property or persons with an explosive or an explosive device. Importantly, for the statute to apply, the threat must be willfully made: “through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce” If this statute applies and a conviction is obtained, a maximum federal prison sentence of ten years is available to impose.

2. 18 U.S.C. § 875(c)

Section 875(c) is another statute used in federal cases involving threats of violence. It makes it a crime to “transmit in interstate or foreign commerce any communication containing any threat to kidnap or injure the person of another.” While this differs from Section 844(e) in that it does not explicitly address explosives, the statute is still broad and can apply to communication that was intended to include explosives. Conviction under this statute carries a maximum federal prison sentence of five years.

3. 18 U.S.C. § 115

Section 115 is the statute that applies to threats that involve attacking specific federal officials. The statute criminalizes threats to kidnap or “assault or murder” the persons listed (ranging from the U.S. President down to other federal officials). Unlike §§ 875(c) and 844(e), § 115 does not require the use of interstate or foreign commerce.

How Do Property Status and Injuries Change Federal Bombing Penalties?

Under 18 U.S.C. § 844, there are three primary factors that affect the level of culpability at issue in a federal bombing case. One factor is the nature of the property involved. In each scenario, different statutes apply, and this affects not only the sentence available under those statutes but also the available sentencing enhancements. These are:

• The nature of the property (whether it is U.S. property or property used in interstate commerce).
• Whether a property owner has revoked permission to be on the property.
• Whether the use of explosive materials caused personal injuries or caused death.

U.S. Property

Under 18 U.S.C. § 844(f), it is unlawful to “maliciously commit any act, omission, or attempt by which any explosive or incendiary device is used, detonated, or attempted to be used or detonated,” in the United States:

• Any building, vehicle, or other personal or real property; or
• In whole or in part owned or possessed by, or leased to, the United States, any department or agency thereof; or or
• Otherwise, if the act would cause injury to person(s) or otherwise would cause property damage to “the United States; and, if such an act, omission, or attempt would produce substantial interruption or impairment to the operations of any government department, agency, or office.”

Property Used in Interstate Commerce

Under 18 U.S.C. § 844(i), it is unlawful to maliciously damage or destroy, or attempt to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce.

Spodek Law Group takes federal matters nationwide, coast to coast, and runs a fully online client portal so a case can be handled from anywhere.

What Extra Sentence Follows When Explosives Accompany Another Felony?

Finally, federal law includes provisions that can trigger separate, additional punishment when an individual uses explosives or a destructive device during the commission of another federal felony. Some example provisions include:

18 U.S.C. § 844(h)

Under 18 U.S.C. § 844(h), any person who knowingly and willfully uses or carries explosive materials while committing certain federal felony offenses is subject to a maximum prison sentence of 10 years. Importantly, sentences under this statute are to be served consecutively to the sentence for the underlying felony. Additional penalties for recidivism are also available.

18 U.S.C. § 924(c)

Although 18 U.S.C. § 924(c) is one of the federal “firearms” statutes, it also imposes liability on individuals who use destructive devices in the commission of “any crime of violence.” It covers any “explosive or incendiary bomb, rocket, missile, or any other type of weapon that is designed to cause damage through fire or explosion.” Unlike Section 844(h), it applies only when the firearm is used or carried during, or possessed in furtherance of, a qualifying crime of violence or drug-trafficking crime. If the firearm is a destructive device, § 924(c) requires a mandatory minimum sentence of 30 years, to be served consecutively to the punishment for the underlying crime.

Which Explosives Activities Trigger Federal Licensing and Storage Duties?

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the federal agency responsible for administering licensing and regulatory requirements under the authority delegated to it by the Attorney General.

1. Federal Explosives License

A federal explosives license is generally required for anyone involved in one or more of the following:

• Importing, manufacturing, or dealing explosive materials.
• Operating an import, manufacture, or deal.

In addition to issuing licenses, the ATF also collects license fees, processes license renewals, revokes licenses when necessary, and provides guidance on licensing requirements. This is an important part of the ATF’s enforcement work, as Section 842(a) makes it a criminal offense to engage in the “explosives business” without a license that was duly granted or issued by the federal government.

2. Other Licensing, Storage, Security, and Transportation Duties

Along with the general licensing requirement, Sections 842(a), 842(b), 842(f), and 842(j) list specific requirements related to explosive transportation, explosive shipping, explosive receiving, explosive distribution, explosive storage, and explosive recordkeeping. When individuals or businesses are tasked with handling explosives, they must maintain compliance with all of these rules as well. In other words, holding a federal explosives license does not eliminate additional obligations that may be imposed when individuals handle explosives.

When can federal law enforcement use an expedited warrant?

Federal law does not provide a general “expedited warrant” based solely on suspected planning of a “crime of terrorism” or “an act of domestic terrorism.”

If You Want Someone to Look at Your Case

Reading about a charge is not the same as having someone read your file. Spodek Law Group keeps an attorney on call around the clock, and the first consultation costs nothing and runs as long as your questions do. The number is 888 348 8028.