The penalties for violations of this section differ where human life is endangered or a dwelling is damaged or destroyed.

Section 1363 is a specific intent crime, requiring the government to prove that the defendant acted willfully and maliciously. The scope of § 1363 has been greatly broadened and now encompasses all public and privately-owned property located within the special maritime and territorial jurisdiction of the United States, as defined in 18 U.S.C. 1214, 1294 (1996), Title 18, United States Code, Section 1363 now reads: Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously destroys or injures or attempts to destroy or injure any structure, conveyance, or other real or personal property, shall be fined under this title or imprisoned not more than five years, or both, and if the building is a dwelling, or the life of any person be placed in jeopardy, shall be fined under this title or imprisoned not more than twenty years, or both. As amended by the Antiterrorism and Effective Death Penalty Act of 1996, Pub.

Qualified malicious mischief