(a)Whoever, when the United States is at war, or in times of national emergency as declared by the President or by the Congress, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, or, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, willfully makes, constructs, or causes to be made or constructed in a defective manner, or attempts to make, construct, or cause to be made or constructed in a defective manner any war material, war premises or war utilities, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such war material, war premises or war utilities, shall be fined under this title or imprisoned not more than thirty years, or both.
(b)If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section.
Based on section
103 of title
50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 3,40 Stat. 534).
The conspiracy provisions are new. Their addition to the section was strongly urged by the Criminal Division of the Department of Justice, considering the gravity of the substantive offense as evidenced by the prescribed punishment therefor. The punishment provisions of the general conspiracy statute, section
371 of this title, are inadequate.
Words “upon conviction thereof” were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured.
Minor changes were made in phraseology.
1994—Subsec. (a). Pub. L. 103–322substituted “fined under this title” for “fined not more than $10,000”.
1954—Act Sept. 3, 1954, made section applicable in time of national emergency, and enlarged its scope by bringing “war premises, or war utilities” within jurisdiction of section.
1953—Subsec. (a). Act June 30, 1953, inserted “or defense activities” after “carrying on the war”.
Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29),66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1,67 Stat. 18, formerly cited as credits to this section and also formerly set out as a note under this section.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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