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What Are The Penalties For Unlawfully Possessing Nuclear Materials?

by | Aug 4, 2022 | Federal Crimes |

 

Using nuclear materials to generate energy through either the fission or fusion of radioactive isotopes can be a source of unlimited power that mankind sorely needs.  After all, our planet is warmed by the sun which has sustained a consistent output of radiation and heat for billions of years due to nuclear fusion of hydrogen into helium.  However, nuclear energy has a dark side where this power can be utilized to make incredible weapons of destruction.  The world changed on August 6, 1945 when the United States dropped an atomic bomb on the city of Hiroshima, Japan which directly killed 70,000 people in a single stroke and thousands more in years to come due to the effects of nuclear radiation.  Since that time, everyone fears that this technology would fall into the wrong hands and that nuclear materials would be used by rogue states and terrorists.  As a result, the possession of nuclear materials by civilians is strictly regulated no matter what the purpose is.

“Nuclear material” and “nuclear byproduct material” includes any material containing:

  • “Plutonium.” 18 U.S.C. 831(g)(1)(A).
  • “Uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature.” 18 U.S.C. §831(g)(1)(B).
  • “Enriched uranium, defined as uranium that contains the isotope 233 or 235 or both in such amount that the abundance ratio of the sum of those isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature.” 18 U.S.C. §831(g)(1)(C).
  • “Uranium 233”. 18 U.S.C. §831(g)(1)(D).
  • “Any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator.” 18 U.S.C. §831(g)(2).

Whoever does ANY OF THE FOLLOWING –

  • “Without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes of, or disperses any nuclear material or nuclear byproduct material and—
    • “Thereby knowingly causes the death of or serious bodily injury to any person or substantial damage to property or to the environment”; 18 U.S.C. §831(a)(1)(A); OR
    • “Circumstances exist, or have been represented to the defendant to exist, that are likely to cause the death or serious bodily injury to any person, or substantial damage to property or to the environment.” 18 U.S.C. §831(a)(1)(b).
  • “With intent to deprive another of nuclear material or nuclear byproduct material, knowingly—
    • “Takes and carries away nuclear material or nuclear byproduct material of another without authority”. 18 U.S.C. §831(a)(2)(A); OR
    • “Makes an unauthorized use, disposition, or transfer, of nuclear material or nuclear byproduct material belonging to another.” 18 U.S.C. §831(a)(2)(B); OR
    • “Uses fraud and thereby obtains nuclear material or nuclear byproduct material belonging to another.” 18 U.S.C. §831(a)(2)(C).
  • “Without lawful authority, intentionally carries, sends or moves nuclear material into or out of a country.” 18 U.S.C. §831(a)(3).
  • “Knowingly uses force or threatens or places another in fear that any person other than the actor will imminently be subject to bodily injury; and thereby takes nuclear material or nuclear byproduct material belonging to another from the person or presence of any other.” 18 U.S.C. §831(a)(4).
  • “Intentionally intimidates any person and thereby obtains nuclear material or nuclear byproduct material belonging to another.” 18 U.S.C. §831(a)(5).
  • “With intent to compel any person, international organization, or governmental entity to do or refrain from doing any act, knowingly threatens to [take and carry away nuclear material or nuclear byproduct of another without authority or carry, send, or move nuclear material into or out of ac country]”. 18 U.S.C. §831(a)(6).
  • “Knowingly threatens to use nuclear material or nuclear byproduct material to cause death or serious bodily injury to any person or substantial damage to property or to the environment under circumstances in which the threat may reasonably be understood as an expression of serious purposes.” 18 U.S.C. §831(a)(7).

Or attempts to commit any of the above-mentioned crimes (18 U.S.C. §831(a)(8)) or conspires with another person to commit any of the above-mentioned crimes (18 U.S.C. §831(a)(9)) is guilty of a crime punishable as follows:

  • A fine up to $250,000.00. 18 U.S.C. §831(b)(1)(A); 18 U.S.C. §831(b)(2)(A).
  • For conspiracy not involving the death or serious bodily injury to another, up to 10 years in prison. 18 U.S.C. §831(b)(2)(B)(ii).
  • For conspiracy involving the death or serious bodily injury to another, up to 20 years in prison. 18 U.S.C. §831(b)(2)(B)(i).
  • For an offense where the offender knowingly causes the death of any person; or the offender, under circumstances manifesting extreme indifference to the life of an individual, knowingly engages in any conduct and thereby recklessly causes the death of or serious bodily injury to any person; the penalty is up to life in prison or any term of years. 18 U.S.C. §831(b)(1)(B)(i).
  • For any other case, up to 20 years in prison. 18 U.S.C. §831(b)(1)(B)(ii).

A person can be prosecuted by the United States for prohibited nuclear material transactions under any of the following circumstances:

  • “The offense is committed in the United States or the special maritime and territorial jurisdiction of the United States, or the special aircraft jurisdiction of the United States.” 18 U.S.C. §831(c)(1).
  • “An offender or a victim is a national of the United States or a stateless person whose habitual residence is in the United States; or a United States corporation or other legal entity.” 18 U.S.C. §831(c)(2).
  • “After the conduct required for the offense occurs the defendant is found in the United States, even if the conduct required for the offense occurs outside the United States.” 18 U.S.C. §831(c)(3).
  • “The conduct required for the offense occurs with respect to the carriage of a consignment of nuclear material or nuclear byproduct material by any means of transportation intended to go beyond the territory of the state where the shipment originates beginning with the departure from a facility of the shipper in that state and ending with the arrival at a facility of the receiver within the state of ultimate destination and either of such states is the United States.” 18 U.S.C. §831(c)(4).
  • “The offense is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States or on board an aircraft that is registered under United States law, at the time the offense is committed.” 18 U.S.C. §831(c)(5).
  • “The offense is committed outside the United States and against any state or government facility of the United States.” 18 U.S.C. §831(c)(6).
  • “The offense is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States.” 18 U.S.C. §831(c)(7).

Handling nuclear materials without lawful authority is certain to attract the attention of federal law enforcement agencies like the Secret Service or the FBI.  It doesn’t matter if you acquire it from the internet and it doesn’t matter what your purpose is.  Even if the person that obtains nuclear material intends to use it for a peaceful purpose like building a reactor, it can still be prosecuted if the government believes that “[c]ircumstances exist, or have been represented to the defendant to exist, that are likely to cause the death or serious bodily injury to any person, or substantial damage to property or to the environment.”  Nuclear materials are inherently dangerous and improper use or storage can cause harm, whether intentionally or unintentionally, to those around it.  Unless you are acting pursuant to a government contract or military directive, you should steer clear of engaging in any transactions to acquire it.  Before getting into trouble, you should run any inquiries ahead of time by a knowledgeable criminal defense lawyer.

If you or a loved one are accused of any crime and need legal representation, then do not hesitate to contact the experienced attorneys at Kershaw, Vititoe & Jedinak PLC for assistance today.

 

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