Page:United States Statutes at Large Volume 94 Part 2.djvu/1063

 PUBLIC LAW 96-482—OCT. 21, 1980

94 STAT. 2341

"(B) if his conduct in the circumstances manifests an extreme indifference for human life, shall, upon conviction, be subject to a fine of not more than $250,000 Penalties. or imprisonment for not more than 2 years, or both, except that any person who violates subsection (e)(2)(B) shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment for not more than 5 years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1,000,000. "(f) SPECIAL RULES.—For the purposes of subsection (e)— "(1) A person's state of mind is knowing with respect to— "(A) his conduct, if he is aware of the nature of his conduct; "(B) an existing circumstance, if he is aware or believes that the circumstance exists; or "(C) a result of his conduct, if he is aware or believes that his conduct is substantially certain to cause danger of death or serious bodily injury. "(2) In determining whether a defendant who is a natural person knew that his conduct placed another person in imminent danger of death or serious bodily injury— "(A) the person is responsible only for actual awareness or actual belief that he possessed; and "(B) knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant; Provided, That in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information. "(3) It is an affirmative defense to a prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of— "(A) an occupation, a business, or a profession; or "(B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent. The defendant may establish an affirmative defense under this subsection by a preponderance of the evidence. "(4) All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply under subsection (e) and shall be determined by the courts of the United States according to the principles of common law as they may be interpreted in the light of reason and experience. Concepts of justification and excuse applicable under this section may be developed in the light of reason and experience. "(5) The term 'organization' means a legal entity, other than a 'Organization." government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. "Serious bodily "(6) The term 'serious bodily injury' means— "(A) bodily injury which involves a substantial risk of injury." death; "(B) unconsciousness; "(C) extreme physical pain;

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