                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                            CHAPTER 5--ARSON
 
Sec. 81. Arson within special maritime and territorial 
        jurisdiction
        
    Whoever, within the special maritime and territorial jurisdiction of 
the United States, willfully and maliciously sets fire to or burns, or 
attempts to set fire to or burn any building, structure or vessel, any 
machinery or building materials or supplies, military or naval stores, 
munitions of war, or any structural aids or appliances for navigation or 
shipping, shall be imprisoned for not more than 25 years, fined the 
greater of the fine under this title or the cost of repairing or 
replacing any property that is damaged or destroyed, or both.
    If the building be a dwelling or if the life of any person be placed 
in jeopardy, he shall be fined under this title or imprisoned not more 
than twenty years, or both.

(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 103-322, title XXXIII, 
Sec. 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-132, 
title VII, Sec. 708(b), Apr. 24, 1996, 110 Stat. 1296.)


                      Historical and Revision Notes

    Based on title 18, U.S.C., 1940 ed., Secs. 464, 465 (Mar. 4, 1909, 
ch. 321, Secs. 285, 286, 35 Stat. 1144).
    Sections were consolidated and rewritten both as to form and 
substance and that part of each section relating to destruction of 
property by means other than burning constitutes section 1363 of this 
title.
    The words ``within the maritime and territorial jurisdiction of the 
United States'' were added to preserve existing limitations of 
territorial applicability. (See section 7 of this title and note 
thereunder.)
    The phrase ``any building, structure, or vessel, any machinery or 
building materials and supplies, military or naval stores, munitions of 
war or any structural aids or appliances for navigation or shipping'' 
was substituted for ``any dwelling house, or any store, barn, stable, or 
other building, parcel of a dwelling house'', in section 464 of title 
18, U.S.C., 1940 ed., and ``any arsenal, armory, magazine, rope walk, 
ship house, warehouse, blockhouse, or barrack, or any storehouse, barn 
or stable, not parcel of a dwelling house, or any other building not 
mentioned in the section last preceding, or any vessel, built, building, 
or undergoing repair, or any lighthouse, or beacon, or any machinery, 
timber, cables, rigging, or other materials or appliances for building, 
repairing or fitting out vessels, or any pile of wood, boards, or other 
lumber, or any military, naval or victualing stores, arms, or other 
munitions of war'', in section 465 of title 18, U.S.C., 1940 ed. The 
substituted phrase is a concise and comprehensive description of the 
things enumerated in both sections.
    The punishment provisions are new and are graduated with some regard 
to the gravity of the offense. It was felt that a possible punishment of 
20 years for burning a wood pile or injuring or destroying an 
outbuilding was disproportionate and not in harmony with recent 
legislation.


                               Amendments

    1996--Pub. L. 104-132, in first par., substituted ``imprisoned for 
not more than 25 years, fined the greater of the fine under this title 
or the cost of repairing or replacing any property that is damaged or 
destroyed, or both'' for ``fined under this title or imprisoned not more 
than five years, or both''.
    1994--Pub. L. 103-322 substituted ``fined under this title'' for 
``fined not more than $1,000'' in first par. and for ``fined not more 
than $5,000'' in second par.

                  Section Referred to in Other Sections

    This section is referred to in sections 2332b, 2339A, 3295, 5032 of 
this title.
