Prosecutive Policy for Destruction of Motor Vehicles—18 U.S.C. § 33

Section 33 makes it a Federal crime willfully, with intent to endanger the safety of any person on board or anyone he/she believes may be on board, to disable, destroy, tamper with, or place or cause to be placed any explosive or other destructive substance in, upon, or in proximity to any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo or material used or intended to be used in connection with its operation.

Section 33 of Title 18 is not intended to "federalize" every attack upon a commercial motor vehicle. Damaging a motor vehicle with the intent of injuring the driver or any passenger on board would violate a number of State laws. It is the intent of the Congress that State authorities continue to play the principal role in this area.

See

S.Rep. No. 225, 98th Cong, 1 Sess., at 324,

reprinted in

1984 U.S. Code Cong. and Adm. News at 3500. Understandings should be reached with State and local authorities reflecting the limited nature of the Federal role. Questions concerning this statute should be directed to the Counterterrorism Section of the National Security Division , except for questions concerning its application in labor-management disputes, which should be directed to the Labor-Management Unit of the Violent Crime and Racketeering Section. See

JM 9-130.200

[cited in

JM 9-130.200

]

[updated May 2012]