18 U.S.C.A. Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

ENACTMENT OF TITLE 18

<“Sec. 18. If any part of Title 18, Crimes and Criminal Procedure as set out in section 1 of this Act, shall be held invalid the remainder shall not be affected thereby.>

<“Sec. 19. No inference of a legislative construction is to be drawn by reason of the chapter in Title 18, Crimes and Criminal Procedure, as set out in section 1 of this Act, in which any particular section is placed, nor by reason of the catchlines used in such title.>

<“Sec. 20. This Act shall take effect September 1, 1948”.>

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Disp Table

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

DISPOSITION TABLE

TABLE--TITLE 18, U.S.C.A.

CRIMES AND CRIMINAL PROCEDURE

Showing disposition of all sections of former Title 18. The sections listed in the second column throughout this Table are sections of new Title 18 U.S.C.A., except as otherwise designated.

Abbreviations

Rep.--Repealed. Where “Rep.” appears in the new sections column, the former section was repealed prior to, or at the time of, the enactment of the revised Title, and was not restated in the revised Title.

Elim.--Eliminated. Where “Elim.” appears in the new sections column, the former section was not restated in the revised Title and was not repealed.

Title 18 Former Sections Title 18 New Sections

1, 2 2381

3 2382

4 2383

5 953

6 2384

7 2389

8 2390

9 2387

10 2385

11 2385, 2387

12 Rep. See Cr.Proc.R. 41(c)

13 2385, 2387

14 to 17 2386

21 958

22 959

23 962

24 961

25 960

26 T. 22 § 461

27 T. 22 § 462

28 T. 22 § 463

29 T. 22 § 464

30 959

31 967

32 963

33 964

34 965

35 966

36 963, 964, 965, 966, 967

37 756, 3058

38 T. 22 § 465

39 5, 3241

51 241

52 242

53 Rep.

53a 2236

54 372

55 592

56 to 58 593

59 592, 593

61 594

61a 595

61b 600

61c 601

61d 604

61e 605

61f 598

61g 594, 595, 598, 600, 601, 604, 605

61h T. 5 § 118i

61i T. 5 § 118j

61j, 61k Rep.

61l T. 5 § 118k

61m 608

61m-1 611

61n 595

61o T. 5 § 118l

61p T. 5 § 118m

61q Rep.

61r T. 5 § 118n

61s 595

61t 610

61u 595

61v to 61x Elim.

62 to 62b 612

71 497

72 494

73 495

74 1002

75 1016

76 912

76a, 76b 701

76c 707, 916

76d 707

76e 705

77 Rep.

77a 913

78 914

79 1003

80 287, 1001

81 289

82 641, 1361

83 286

84 1022

85 1023

86 1024

87 641

88 371

89 871

90 T. 34 § 1167

91 201

92 285

93 434

94 1381

95 1232

96 2152

97 1382

97a 1383

97b 757

98 11, 957

99 2112

100 641

101 641, 3435

102 Rep.

103 1852

103a, 103b 1851

104 1853

105 1854

106 1855

107 1856

107a 1863

108 3613

109 1862

110 1857

111 1858

112 1859

113 1860

114 1861

115 T. 25 § 202

116 1362

117 2074

118 111

119 496

120 551

121 2231, 2232, 2233

122 T. 19 § 70

123 912

124 211

125 543

126 541

127 1019

128 2233

129 507

130 1017

131 506

132 499

133 5

134 Rep.

135 Rep.

136 498

137 to 143 Rep.

144 2194

145 41

146 508

147 509

148 3056

149 210

150 211

151 210, 211

171 872

172 652

173 653

174 650

175 648

176 643

177 649

178 649

178a 371

179 3497

180 3487

181 6514

182 641

183 654

184 435

185 646

186 645

187 647

188 2075

189 2073

190, 191 Rep.

192 1901

193 291

194 1091

195 1018

196 1912

198 283

198a 283

199 205

200 204

201 1913

202 216

203 281

204 431

205 432

206 433

207 202

208 602

209 603

210 606

211 607

212 602, 603, 606, 607

213 T. 5 § 118o

214 1902

215 2072

216 1905

231 1621

232 1622

233 1506

234 2071

235 2071

236 505

237 206

238 207

239 208

240 210

241 1503

241a 1505

242 Rep.

243 1504

244 755

245 1501

246 752, 1071

247 752

248 753

249 754

250 873

251 4

252 752, 1792

253 1114, 2231

254 111, 2231

261 8

262 471

263 Rep.

264 474

265 472

266 476

267 477

268 473

269 642

270 478

271 479

272 482

273 483

274 480

275 481

276 484

277 485

278 490

279 331

280 332

281 486

282 491

282a 491

283 487

284 488

285 489

286 492

287 Rep. See Cr.Proc.R. 41(a), (b), (f)

288 11

289 335

290 Rep.

291 333

292 475

293 336

294 371

301 12

302 1729

303 1693

304 1696

305 1697

306 1696

307 1694

308 1695

309 1696

310 1730

311 1731

312 1706

313 1707

314 1704

315 2115

316 2116

317 1702, 1708

318 1703, 1709

319 1703, 1710

320 2114

321 1705, 1708

321a 1725

322 1700

323 1698

324, 325 1701

326 1724

327 1699

328 1720

329 1712

330 1726

331 1721

332 1727

333 1713

334 1461

335 1463, 1718

336 1302

337 1303

338 1341

338a 876, 3239

338b 877, 3239

338c 1714

338d Rep.

339 1342

340 1716

341, 342 Rep.

343 to 345 1717

346 5, 1717

347 500

348 501

349 11, 502

349a 503

350 504

351 1723

352 1732

353 1722

354 288

355 1711, 3497

356 440

357 1719

358 1728

359 1692

360 12

361 1715

381 5, 1364

382 831, 832

383 835

384 833

385 832, 833, 834, 835

386 832, 833, 834, 835

387 1301

388 1264

389 1265

390 1263

391 42

392 43

393 44

393a 43, 44, 3054, 3112

394 42, 43, 44

395 T. 16 § 667e

396 1462

396a, 396b 1761

396c to 396e 1762

397, 398 2421

399 2422

400 2423

401 2421

402(1) T. 8 § 1557

402(2) 2424

402(3) 2424

403 Rep.

404 2421

405 to 407 Rep.

407a 1231

408 10, 2311, 2312, 2313

408a 1201

408b 10

408c 1201

408c-1 1202

408d 875, 3239

408e 1073

409 659, 660, 2117

410, 411 659

412 660

412a 1992

413 Rep.

414(a) 10

414(b), (c) 2311

415 2314

416 2315

417 2311

418, 418a, 419 Rep.

419a(a) 2311

419a(b) 10

419b 2316

419c 2317

419d Rep.

420 T. 4 § 112

420a to 420e-1 1951

420f to 420h 1821

421, 422 1585

423 1584

424 1582

425 1585

426 1587

427 1586

428 1588

429 T. 46 § 1351

430 T. 46 § 1352

431 T. 46 § 1353

432 T. 46 § 1354

433 T. 46 § 1355

434 T. 46 § 1356

435 T. 46 § 1357

436 T. 46 § 1358

437 T. 46 § 1359

438 T. 46 § 1360

439 T. 46 § 1361

440 T. 46 § 1362

441 T. 46 § 1363

442 T. 46 § 1364

443 1583

444, 445 1581

446 1584

451 7

452 1111

453 1112

454 1111, 1112

455 113

456 1113

457 2031

458 2032

459 2198

460 2198, 3286, 3614

461 1115

462 114

463 2111

464 81, 1363

465 81, 1363

466 661

467 662, 3435

467a 1025

468 13

469 to 474 2199

481 1651

482 2191

483 2192

484 2193

485 1655

486 2195

487 2271

488 1658

489 1659

490 2276

491 2272

492 2273

493 1661

494 1654

495 1652

496 1653

497 1656

498 1657

499, 500 969

501 9

502 5, 2275

503, 504 2277

505 1081

506 1082

507 1083

508 Rep.

511 to 518 Rep.

518a 1384

519 to 521 Rep.

522 1991

523 244

532 to 535 Rep.

536 T. 50 § 42

541 1

542 3566

543 3567

544 3563

545 3564

546 3231

547 3231

548 1151, 1153, 3242

549 1151, 1153

550 2

551 3

552 1660

553 3236

554 Rep. See Cr.Proc.R. 6(f)

554a Rep. See Cr.Proc.R. 6

555 Rep. See Cr.Proc.R. 7(a)

556 Rep. See Cr.Proc.R. 6(d), 52(a)

556a 3288, 3289

556b Rep.

557 Rep. See Cr.Proc.R. 8, 13, 14

558 Rep. See Cr.Proc.R. 7

559 Rep. See Cr.Proc.R. 7

560 Rep. See Cr.Proc.R. 7

561 Rep. See Cr.Proc.R. 12(b)(5)

562 3432

562a Rep. See Cr.Proc.R. 10

563 3005

564 Rep. See Cr.Proc.R. 11, 12(b)(3)

565 Rep. See Cr.Proc.R. 31(c)

566 Rep. See Cr.Proc.R. 31(a), (b)

567 1111

568 3570

569 3565

570 3612

571 to 573 Rep.

574 3241

575 3059

576 3401

576a 3402

576b to 576d 3401

581 Rep.

581a, 581b 3281

582 3282

583 3290

584 3283

585 T. 26 [I.R.C.1939]

§ 3748(a) (See T.26 [I.R.C.1954] § 6531)

586 T. 26 [I.R.C.1939]

§ 3748(b) (See T. 26 [I.R.C.1954] § 6531)

587 3288

588 3289

589 3288, 3289

590 Rep.

590a 3287

591 3041

592 Rep.

593 Rep. See Cr.Proc.R. 5(a)

594 3045

595 Rep. See Cr.Proc.R. 4, 5

596, 597 3141

598 3144

599 3142

600 3143

601 Rep. See Cr.Proc.R. 46(f)(1), (2)

602 3047

603 4084

604 3049

605 3012

611 to 616 Rep. See Cr.Proc.R. 41

617 3105

618, 619 3109

620 to 626 Rep. See Cr.Proc.R. 41

627 Rep.

628 2231

629 1621

630 2235

631 2234

632 5

633 Rep.

641 3569

642 T. 46 § 7

643 T. 46 § 8

644 T. 28 § 1822

645 3611

646 3617

647 3616

651 3184

652 3185

653 3186

654 3188

655 3190

656 3191

657 3189

658 3181

659 3192

660 3051, 3193

661 752, 1502

662 3182, 3195

662a 5001

662b 3042

662c 752, 3183, 3195

662d 3187, 3195

662e 755

663 3194

664 Rep.

665 755

666 Rep.

667 Rep.

668 3195, 3498

669 to 676 D.C.Code

681 Rep. See Cr.Proc.R. 37

682 3731

683 Rep.

687 3771

688 3772

689 3771, 3772

691 Rep.

692 4086

693 to 700 Rep.

701 4007

702 Rep.

703 4006

704, 704a D.C.Code

705 to 707 Rep.

708 436

709 436

709a 3568

710, 710a 4161

711 4166

712, 712a Rep.

713 4163, 4165

714 4202

715 Rep.

716 4203, 4204

716a 4203

716b 4164

717 4205

718 4206

719 4207

720 Rep.

721 4281

722 Rep.

723 3570

723a 4201

723b Rep.

723c 4205

724 3651

725 3653

726 3654

726-1 T. 28 § 604

726a T. 28 § 604

727 3655

728 3656

729 T. 28 §§ 1495, 2513

730 to 732 T. 28 § 2513

733 to 733b 4085

741 4001

742 to 744 Rep.

744a 4122

744b 4125

744c 4122, 4123

744d, 744f 4126

744g 4124

744h 4162

744h-1 Rep.

744i, 744j 4121

744k 4122

744l 4126

744m 4127

744n 4128

744o to 744r Elim.

745 Rep.

746 4281

746a 4282

746b 4283

747 to 749 Rep.

750 T. 5 § 678b

751, 752 4005

753 4041

753a 4042

753b 4002, 4242

753c 4003

753d 4009

753e 4001

753f 4082, 4083

753g 4008

753h 751

753i 752, 1072

753j 1791

753k 3050

754 4004

761 Rep.

762 4083

763 to 776 Rep.

791 to 801 Rep.

811 to 815 Rep.

816 4321

817 to 819 Rep.

831 to 840 Rep.

851 4125

852 Rep.

853 to 855 4125

871 to 875 Rep.

876 4241

877 4242

878 4243

879, 880 Rep.

901 to 906 Rep.

907 4081

908 1791

909 751

910 752, 1072

911, 912 Rep.

921 5031

922 5032, 5033

923 5033

924 5034

9325 5035

926 5036

927 5037

928 D.C.Code

929 Rep.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 1, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 1. General Provisions

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 1

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

[§ 1. Repealed. Pub.L. 98-473, Title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 2

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 2. Principals

(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 684; Oct. 31, 1951, c. 655, § 17b, 65 Stat. 717.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 3

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 3. Accessory after the fact

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 684; Nov. 10, 1986, Pub.L. 99-646, § 43, 100 Stat. 3601; Nov. 29, 1990, Pub.L. 101-647, Title XXXV, § 3502, 104 Stat. 4921; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, §§ 330011(h), 330016(2)(A), 108 Stat. 2145, 2148.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 4

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 684; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 5

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 5. United States defined

The term “United States”, as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 685.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 6

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 6. Department and agency defined

As used in this title:

The term “department” means one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government.

The term “agency” includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 685.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 7

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 7. Special maritime and territorial jurisdiction of the United States defined

The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes:

(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

(2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.

(3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

(4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States.

(5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, District, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

(6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.

(7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.

(8) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States.

(9) With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act--

(A) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and

(B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.

Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 685; July 12, 1952, c. 695, 66 Stat. 589; Dec. 21, 1981, Pub.L. 97-96, § 6, 95 Stat. 1210; Oct. 12, 1984, Pub.L. 98-473, Title II, § 1210, 98 Stat. 2164; Sept. 13, 1994, Pub.L. 103-322, Title XII, § 120002, 108 Stat. 2021; Oct. 26, 2001, Pub.L. 107-56, Title VIII, § 804, 115 Stat. 377.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 8

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 8. Obligation or other security of the United States defined

The term “obligation or other security of the United States” includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 685.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 9

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 9. Vessel of the United States defined

The term “vessel of the United States”, as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 685.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 10

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 10. Interstate commerce and foreign commerce defined

The term “interstate commerce”, as used in this title, includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia.

The term “foreign commerce”, as used in this title, includes commerce with a foreign country.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 686.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 11

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 11. Foreign government defined

The term “foreign government”, as used in this title except in sections 112, 878, 970, 1116, and 1201, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 686; Oct. 8, 1976, Pub.L. 94-467, § 11, 90 Stat. 2001.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 12

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 12. United States Postal Service defined

As used in this title, the term “Postal Service” means the United States Postal Service established under title 39, and every officer and employee of that Service, whether or not such officer or employee has taken the oath of office.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 686; Aug. 12, 1970, Pub.L. 91-375, § 6(j) (2), 84 Stat. 777; Nov. 29, 1990, Pub.L. 101-647, Title XXXV, § 3505, 104 Stat. 4921.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 13

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13. Laws of States adopted for areas within Federal jurisdiction

(a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

(b)(1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.

(2)(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if--

(i) a minor (other than the offender) was present in the motor vehicle when the offense was committed; and

(ii) the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).

(B) For the purposes of subparagraph (A), the term “minor” means a person less than 18 years of age.

(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 686; Nov. 18, 1988, Pub.L. 100-690, Title VI, § 6477(a), 102 Stat. 4381; Sept. 13, 1994, Pub.L. 103-322, Title X, § 100002, 108 Stat. 1996; Apr. 24, 1996, Pub.L. 104-132, Title IX, § 901(b), 110 Stat. 1317; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 604(b)(32), 110 Stat. 3508.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 14

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

[§ 14. Repealed. Pub.L. 107-273, Div. B, Title IV, § 4004(a), Nov. 2, 2002, 116 Stat. 1812]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 15

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 15. Obligation or other security of foreign government defined

The term “obligation or other security of any foreign government” includes, but is not limited to, uncanceled stamps, whether or not demonetized.

CREDIT(S)

(Added Pub.L. 85-921, § 3, Sept. 2, 1958, 72 Stat. 1771.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 16

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 16. Crime of violence defined

The term “crime of violence” means--

(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or

(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

CREDIT(S)

(Added Pub.L. 98-473, Title II, § 1001(a), Oct. 12, 1984, 98 Stat. 2136.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 17

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 17. Insanity defense

(a) Affirmative defense.--It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.

(b) Burden of proof.--The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

CREDIT(S)

(Added Pub.L. 98-473, Title II, § 402(a), Oct. 12, 1984, 98 Stat. 2057, § 20, and renumbered Pub.L. 99-646, § 34(a), Nov. 10, 1986, 100 Stat. 3599.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 18

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 18. Organization defined

As used in this title, the term “organization” means a person other than an individual.

CREDIT(S)

(Added Pub.L. 99-646, § 38(a), Nov. 10, 1986, 100 Stat. 3599; amended Pub.L. 100-690, Title VII, § 7012, Nov. 18, 1988, 102 Stat. 4395.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 19

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 19. Petty offense defined

As used in this title, the term “petty offense” means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization.

CREDIT(S)

(Added Pub.L. 100-185, § 4(a), Dec. 11, 1987, 101 Stat. 1279; amended Pub.L. 100-690, Title VII, § 7089(a), Nov. 18, 1988, 102 Stat. 4409.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 20

Effective: May 20, 2009

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 20. Financial institution defined

As used in this title, the term “financial institution” means--

(1) an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act);

(2) a credit union with accounts insured by the National Credit Union Share Insurance Fund;

(3) a Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), of the Federal home loan bank system;

(4) a System institution of the Farm Credit System, as defined in section 5.35(3) of the Farm Credit Act of 1971;

(5) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662);

(6) a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act;

(7) a Federal Reserve bank or a member bank of the Federal Reserve System;

(8) an organization operating under section 25 or section 25(a) of the Federal Reserve Act;

(9) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); or

(10) a mortgage lending business (as defined in section 27 of this title) or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974.

CREDIT(S)

(Added Oct. 12, 1984, Pub.L. 98-473, Title II, § 1107(a), 98 Stat. 2145, § 215(c); renumbered § 215(b) and amended Aug. 4, 1986, Pub.L. 99-370, § 2, 100 Stat. 779; renumbered § 20 and amended Aug. 9, 1989, Pub.L. 101-73, Title IX, § 962(e)(1), (2), 103 Stat. 503; Nov. 29, 1990, Pub.L. 101-647, Title XXV, § 2597(a), 104 Stat. 4908; May 20, 2009, Pub.L. 111-21, § 2(a), 123 Stat. 1617.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 21

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 21. Stolen or counterfeit nature of property for certain crimes defined

(a) Wherever in this title it is an element of an offense that--

(1) any property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated; and

(2) the defendant knew that the property was of such character;

such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated.

(b) For purposes of this section, the term “official representation” means any representation made by a Federal law enforcement officer (as defined in section 115) or by another person at the direction or with the approval of such an officer.

CREDIT(S)

(Added Pub.L. 103-322, Title XXXII, § 320910(a), Sept. 13, 1994, 108 Stat. 2127.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 23

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 23.[FN1] Court of the United States defined

As used in this title, except where otherwise expressly provided [FN2] the term “court of the United States” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands.

CREDIT(S)

(Added Pub.L. 103-322, Title XXXII, § 320914(a), Sept. 13, 1994, 108 Stat. 2128.)

[FN1] So in original. No section 22 has been enacted.

[FN2] So in original. Probably should be followed by a comma.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 24

Effective: March 23, 2010

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 24. Definitions relating to Federal health care offense

(a) As used in this title, the term “Federal health care offense” means a violation of, or a criminal conspiracy to violate--

(1) section 669, 1035, 1347, or 1518 of this title or section 1128B of the Social Security Act (42 U.S.C. 1320a-7b); or

(2) section 287, 371, 664, 666, 1001, 1027, 1341, 1343, 1349, or 1954 of this title section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131), or section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974,, [FN1] if the violation or conspiracy relates to a health care benefit program.

(b) As used in this title, the term “health care benefit program” means any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract.

CREDIT(S)

(Added Pub.L. 104-191, Title II, § 241(a), Aug. 21, 1996, 110 Stat. 2016; amended Pub.L. 111-148, Title VI, § 6602, Title X, § 10606(c), Mar. 23, 2010, 124 Stat. 780, 1008.)

[FN1] So in original.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 25

Effective: April 30, 2003

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 25. Use of minors in crimes of violence

(a) Definitions.--In this section, the following definitions shall apply:

(1) Crime of violence.--The term “crime of violence” has the meaning set forth in section 16.

(2) Minor.--The term “minor” means a person who has not reached 18 years of age.

(3) Uses.--The term “uses” means employs, hires, persuades, induces, entices, or coerces.

(b) Penalties.--Any person who is 18 years of age or older, who intentionally uses a minor to commit a crime of violence for which such person may be prosecuted in a court of the United States, or to assist in avoiding detection or apprehension for such an offense, shall--

(1) for the first conviction, be subject to twice the maximum term of imprisonment and twice the maximum fine that would otherwise be authorized for the offense; and

(2) for each subsequent conviction, be subject to 3 times the maximum term of imprisonment and 3 times the maximum fine that would otherwise be authorized for the offense.

CREDIT(S)

(Added Pub.L. 108-21, Title VI, § 601, Apr. 30, 2003, 117 Stat. 687.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 26

Effective: March 9, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 26. Definition of seaport

As used in this title, the term “seaport” means all piers, wharves, docks, and similar structures, adjacent to any waters subject to the jurisdiction of the United States, to which a vessel may be secured, including areas of land, water, or land and water under and in immediate proximity to such structures, buildings on or contiguous to such structures, and the equipment and materials on such structures or in such buildings.

CREDIT(S)

(Added Pub.L. 109-177, Title III, § 302(c), Mar. 9, 2006, 120 Stat. 233.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 27

Effective: May 20, 2009

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 27. Mortgage lending business defined

In this title, the term “mortgage lending business” means an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage companies and any subsidiaries of such organizations, and whose activities affect interstate or foreign commerce.

CREDIT(S)

(Added Pub.L. 111-21, § 2(b)(1), May 20, 2009, 123 Stat. 1617.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 31

Effective: April 5, 2000

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 31. Definitions

(a) Definitions.--In this chapter, the following definitions apply:

(1) Aircraft.--The term “aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air.

(2) Aviation quality.--The term “aviation quality”, with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including applicable regulations).

(3) Destructive substance.--The term “destructive substance” means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature.

(4) In flight.--The term “in flight” means--

(A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and

(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board.

(5) In service.--The term “in service” means--

(A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and

(B) in any event includes the entire period during which the aircraft is in flight.

(6) Motor vehicle.--The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

(7) Part.--The term “part” means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment.

(8) Space vehicle.--The term “space vehicle” means a man-made device, either manned or unmanned, designed for operation beyond the Earth's atmosphere.

(9) State.--The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(10) Used for commercial purposes.--The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.

(b) Terms defined in other law.--In this chapter, the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

CREDIT(S)

(Added July 14, 1956, c. 595, § 1, 70 Stat. 538; amended Oct. 12, 1984, Pub.L. 98-473, Title II, §§ 1010, 2013(a), 98 Stat. 2141, 2187; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7015, 102 Stat. 4395; July 5, 1994, Pub.L. 103-272, § 5(e)(1), 108 Stat. 1373; Apr. 5, 2000, Pub.L. 106-181, Title V, § 506(b), 114 Stat. 136.)

2000 Acts. Amendment by Pub.L. 106-181 applicable only to fiscal years beginning after September 30, 1999, see section 3 of Pub.L. 106-181, set out as a note under section 106 of Title 49.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 32

Effective: March 9, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 32. Destruction of aircraft or aircraft facilities

(a) Whoever willfully--

(1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce;

(2) places or causes to be placed a destructive device or substance in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any such aircraft, or any part or other materials used or intended to be used in connection with the operation of such aircraft, if such placing or causing to be placed or such making or causing to be made is likely to endanger the safety of any such aircraft;

(3) sets fire to, damages, destroys, or disables any air navigation facility, or interferes by force or violence with the operation of such facility, if such fire, damaging, destroying, disabling, or interfering is likely to endanger the safety of any such aircraft in flight;

(4) with the intent to damage, destroy, or disable any such aircraft, sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance or structure, ramp, landing area, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft;

(5) interferes with or disables, with intent to endanger the safety of any person or with a reckless disregard for the safety of human life, anyone engaged in the authorized operation of such aircraft or any air navigation facility aiding in the navigation of any such aircraft;

(6) performs an act of violence against or incapacitates any individual on any such aircraft, if such act of violence or incapacitation is likely to endanger the safety of such aircraft;

(7) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any such aircraft in flight; or

(8) attempts or conspires to do anything prohibited under paragraphs (1) through (7) of this subsection;

shall be fined under this title or imprisoned not more than twenty years or both.

(b) Whoever willfully--

(1) performs an act of violence against any individual on board any civil aircraft registered in a country other than the United States while such aircraft is in flight, if such act is likely to endanger the safety of that aircraft;

(2) destroys a civil aircraft registered in a country other than the United States while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight;

(3) places or causes to be placed on a civil aircraft registered in a country other than the United States while such aircraft is in service, a device or substance which is likely to destroy that aircraft, or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight; or

(4) attempts or conspires to commit an offense described in paragraphs (1) through (3) of this subsection;

shall be fined under this title or imprisoned not more than twenty years, or both. There is jurisdiction over an offense under this subsection if a national of the United States was on board, or would have been on board, the aircraft; an offender is a national of the United States; or an offender is afterwards found in the United States. For purposes of this subsection, the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act.

(c) Whoever willfully imparts or conveys any threat to do an act which would violate any of paragraphs (1) through (6) of subsection (a) or any of paragraphs (1) through (3) of subsection (b) of this section, with an apparent determination and will to carry the threat into execution shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(Added July 14, 1956, c. 595, § 1, 70 Stat. 539; amended Oct. 12, 1984, Pub.L. 98-473, Title II, § 2013(b), 98 Stat. 2178; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7016, 102 Stat. 4395; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(O), (S), 108 Stat. 2148; Apr. 24, 1996, Pub.L. 104-132, Title VII, §§ 721(b), 723(a)(1), 110 Stat. 1298, 1300; Mar. 9, 2006, Pub.L. 109-177, Title I, § 123, 120 Stat. 226.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 33

Effective: March 9, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 33. Destruction of motor vehicles or motor vehicle facilities

(a) Whoever willfully, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes 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; or

Whoever willfully, with like intent, damages, disables, destroys, sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; or

Whoever, with like intent, willfully disables or incapacitates any driver or person employed in connection with the operation or maintenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such; or

Whoever willfully attempts or conspires to do any of the aforesaid acts--

shall be fined under this title or imprisoned not more than twenty years, or both.

(b) Whoever is convicted of a violation of subsection (a) involving a motor vehicle that, at the time the violation occurred, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be fined under this title and imprisoned for any term of years not less than 30, or for life.

CREDIT(S)

(Added July 14, 1956, c. 595, § 1, 70 Stat. 540; amended Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147; Dec. 29, 1995, Pub.L. 104-88, Title IV, § 402(a), 109 Stat. 955; Mar. 9, 2006, Pub.L. 109-177, Title IV, § 406(c)(1), 120 Stat. 245.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 34

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 34. Penalty when death results

Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life.

CREDIT(S)

(Added July 14, 1956, c. 595, § 1, 70 Stat. 540; amended Sept. 13, 1994, Pub.L. 103-322, Title VI, § 60003(a)(1), 108 Stat. 1968.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 35

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 35. Imparting or conveying false information

(a) Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States.

(b) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title--shall be fined under this title, or imprisoned not more than five years, or both.

CREDIT(S)

(Added July 14, 1956, c. 595, § 1, 70 Stat. 540; amended Oct. 3, 1961, Pub.L. 87-338, 75 Stat. 751; July 7, 1965, Pub.L. 89-64, 79 Stat. 210; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 36

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 36. Drive-by shooting

(a) Definition.--In this section, “major drug offense” means--

(1) a continuing criminal enterprise punishable under section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c));

(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) section [FN1] 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 963); or

(3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)).

(b) Offense and penalties.--(1) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both.

(2) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of 2 or more persons and who, in the course of such conduct, kills any person shall, if the killing--

(A) is a first degree murder (as defined in section 1111(a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or

(B) is a murder other than a first degree murder (as defined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both.

CREDIT(S)

(Added Pub.L. 103-322, Title VI, § 60008(b), Sept. 13, 1994, 108 Stat. 1971; amended Pub.L. 104-294, Title VI, § 604(b)(30), Oct. 11, 1996, 110 Stat. 3508.)

[FN1] So in original. Probably should be preceded by “or”.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 37

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 37. Violence at international airports

(a) Offense.--A person who unlawfully and intentionally, using any device, substance, or weapon--

(1) performs an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury (as defined in section 1365 of this title) or death; or

(2) destroys or seriously damages the facilities of an airport serving international civil aviation or a civil aircraft not in service located thereon or disrupts the services of the airport,

if such an act endangers or is likely to endanger safety at that airport, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction.--There is jurisdiction over the prohibited activity in subsection (a) if--

(1) the prohibited activity takes place in the United States; or

(2) the prohibited activity takes place outside the United States and (A) the offender is later found in the United States; or (B) an offender or a victim is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))).

(c) Bar to prosecution.--It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term “labor dispute” has the meaning set forth in section 2(c) [FN1] of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

CREDIT(S)

(Added Pub.L. 103-322, Title VI, § 60021(a), Sept. 13, 1994, 108 Stat. 1979; amended Pub.L. 104-132, Title VII, §§ 721(g), 723(a)(1), Apr. 24, 1996, 110 Stat. 1299, 1300; Pub.L. 104-294, Title VI, §§ 601(q), 607(o), Oct. 11, 1996, 110 Stat. 3502, 3512.)

[FN1] So in original. Probably should be “section 13(c)”.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 38

Effective: April 5, 2000

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce

(a) Offenses.--Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud--

(1)(A) falsifies or conceals a material fact concerning any aircraft or space vehicle part;

(B) makes any materially fraudulent representation concerning any aircraft or space vehicle part; or

(C) makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part;

(2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or

(3) attempts or conspires to commit an offense described in paragraph (1) or (2),

shall be punished as provided in subsection (b).

(b) Penalties.--The punishment for an offense under subsection (a) is as follows:

(1) Aviation quality.--If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 15 years, or both.

(2) Failure to operate as represented.--If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury (as defined in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both.

(3) Failure resulting in death.--If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in the death of any person, a fine of not more than $1,000,000, imprisonment for any term of years or life, or both.

(4) Other circumstances.--In the case of an offense under subsection (a) not described in paragraph (1), (2), or (3) of this subsection, a fine under this title, imprisonment for not more than 10 years, or both.

(5) Organizations.--If the offense is committed by an organization, a fine of not more than--

(A) $10,000,000 in the case of an offense described in paragraph (1) or (4); and

(B) $20,000,000 in the case of an offense described in paragraph (2) or (3).

(1) In general.--The district courts of the United States shall have jurisdiction to prevent and restrain violations of this section by issuing appropriate orders, including--

(A) ordering a person (convicted of an offense under this section) to divest any interest, direct or indirect, in any enterprise used to commit or facilitate the commission of the offense, or to destroy, or to mutilate and sell as scrap, aircraft material or part inventories or stocks;

(B) imposing reasonable restrictions on the future activities or investments of any such person, including prohibiting engagement in the same type of endeavor as used to commit the offense; and

(C) ordering the dissolution or reorganization of any enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provisions for the rights and interests of innocent persons.

(2) Restraining orders and prohibition.--Pending final determination of a proceeding brought under this section, the court may enter such restraining orders or prohibitions, or take such other actions ( including the acceptance of satisfactory performance bonds) as the court deems proper.

(3) Estoppel.--A final judgment rendered in favor of the United States in any criminal proceeding brought under this section shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.

(d) Criminal forfeiture.--

(1) In general.--The court, in imposing sentence on any person convicted of an offense under this section, shall order, in addition to any other sentence and irrespective of any provision of State law, that the person forfeit to the United States--

(A) any property constituting, or derived from, any proceeds that the person obtained, directly or indirectly, as a result of the offense; and

(B) any property used, or intended to be used in any manner, to commit or facilitate the commission of the offense, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property on the offense.

(2) Application of other law.--The forfeiture of property under this section, including any seizure and disposition of the property, and any proceedings relating to the property, shall be governed by section 413 of the Comprehensive Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not including subsection (d) of that section).

(e) Construction with other law.--This section does not preempt or displace any other remedy, civil or criminal, provided by Federal or State law for the fraudulent importation, sale, trade, installation, or introduction into commerce of an aircraft or space vehicle part.

(f) Territorial scope.--This section also applies to conduct occurring outside the United States if--

(1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization organized under the laws of the United States or political subdivision thereof;

(2) the aircraft or spacecraft part as to which the violation relates was installed in an aircraft or space vehicle owned or operated at the time of the offense by a citizen or permanent resident alien of the United States, or by an organization thereof; or

(3) an act in furtherance of the offense was committed in the United States.

CREDIT(S)

(Added Pub.L. 106-181, Title V, § 506(c)(1), Apr. 5, 2000, 114 Stat. 137.)

2000 Acts. Section applicable only to fiscal years beginning after September 30, 1999, see section 3 of Pub.L. 106-181, set out as a note under section 106 of Title 49.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 39

Effective: August 10, 2005

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 39. Traffic signal preemption transmitters

(a) Offenses.--

(1) Sale.--Whoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a nonqualifying user shall be fined under this title, or imprisoned not more than 1 year, or both.

(2) Use.--Whoever, in or affecting interstate or foreign commerce, being a nonqualifying user makes unauthorized use of a traffic signal preemption transmitter shall be fined under this title, or imprisoned not more than 6 months, or both.

(b) Definitions.--In this section, the following definitions apply:

(1) Traffic signal preemption transmitter.--The term “traffic signal preemption transmitter” means any mechanism that can change or alter a traffic signal's phase time or sequence.

(2) Nonqualifying user.--The term “nonqualifying user” means a person who uses a traffic signal preemption transmitter and is not acting on behalf of a public agency or private corporation authorized by law to provide fire protection, law enforcement, emergency medical services, transit services, maintenance, or other services for a Federal, State, or local government entity, but does not include a person using a traffic signal preemption transmitter for classroom or instructional purposes.

CREDIT(S)

(Added Pub.L. 109-59, Title II, § 2018(a), Aug. 10, 2005, 119 Stat. 1542.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 39A

Effective: February 14, 2012

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 39A. Aiming a laser pointer at an aircraft

(a) Offense.--Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both.

(b) Laser pointer defined.--As used in this section, the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

(c) Exceptions.--This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft, by--

(1) an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations;

(2) members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training; or

(3) by an individual using a laser emergency signaling device to send an emergency distress signal.

(d) Authority to establish additional exceptions by regulation.--The Attorney General, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such additional exceptions to this section as may be necessary and appropriate. The Attorney General shall provide written notification of any proposed regulations under this section to the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, not less than 90 days before such regulations become final.

CREDIT(S)

(Added Pub.L. 112-95, Title III, § 311(a), Feb. 14, 2012, 126 Stat. 65.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 40

Effective: June 6, 2008

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 2. Aircraft and Motor Vehicles

§ 40. Commercial motor vehicles required to stop for inspections

(a) A driver of a commercial motor vehicle (as defined in section 31132 of title 49) shall stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized employee of the Federal Motor Carrier Safety Administration of the Department of Transportation, at or in the vicinity of an inspection site. The driver shall not leave the inspection site until authorized to do so by an authorized employee.

(b) A driver of a commercial motor vehicle, as defined in subsection (a), who knowingly fails to stop for inspection when directed to do so by an authorized employee of the Administration at or in the vicinity of an inspection site, or leaves the inspection site without authorization, shall be fined under this title or imprisoned not more than 1 year, or both.

CREDIT(S)

(Added Pub.L. 109-59, Title IV, § 4143(a), Aug. 10, 2005, 119 Stat. 1747, § 39; renumbered § 40, Pub.L. 110-244, Title III, § 301(j), June 6, 2008, 122 Stat. 1616.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 41

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 3. Animals, Birds, Fish, and Plants

§ 41. Hunting, fishing, trapping; disturbance or injury on wildlife refuges

Whoever, except in compliance with rules and regulations promulgated by authority of law, hunts, traps, captures, willfully disturbs or kills any bird, fish, or wild animal of any kind whatever, or takes or destroys the eggs or nest of any such bird or fish, on any lands or waters which are set apart or reserved as sanctuaries, refuges or breeding grounds for such birds, fish, or animals under any law of the United States or willfully injures, molests, or destroys any property of the United States on any such lands or waters, shall be fined under this title or imprisoned not more than six months, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 686; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 42

Effective: December 14, 2010

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 3. Animals, Birds, Fish, and Plants

§ 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations

(a)(1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called “flying foxes” or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; of the bighead carp of the species Hypophthalmichthys nobilis; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act, insofar as such importation is subject to regulation under that Act.

(2) As used in this subsection, the term “wild” relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms “wildlife” and “wildlife resources” include those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent.

(3) Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use.

(4) Nothing in this subsection shall restrict the importation of dead natural-history specimens for museums or for scientific collections, or the importation of domesticated canaries, parrots (including all other species of psittacine birds), or such other cage birds as the Secretary of the Interior may designate.

(5) The Secretary of the Treasury and the Secretary of the Interior shall enforce the provisions of this subsection, including any regulations issued hereunder, and, if requested by the Secretary of the Interior, the Secretary of the Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions.

(b) Whoever violates this section, or any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both.

(c) The Secretary of the Interior within one hundred and eighty days of the enactment of the Lacey Act Amendments of 1981 shall prescribe such requirements and issue such permits as he may deem necessary for the transportation of wild animals and birds under humane and healthful conditions, and it shall be unlawful for any person, including any importer, knowingly to cause or permit any wild animal or bird to be transported to the United States, or any Territory or district thereof, under inhumane or unhealthful conditions or in violation of such requirements. In any criminal prosecution for violation of this subsection and in any administrative proceeding for the suspension of the issuance of further permits--

(1) the condition of any vessel or conveyance, or the enclosures in which wild animals or birds are confined therein, upon its arrival in the United States, or any Territory or district thereof, shall constitute relevant evidence in determining whether the provisions of this subsection have been violated; and

(2) the presence in such vessel or conveyance at such time of a substantial ratio of dead, crippled, diseased, or starving wild animals or birds shall be deemed prima facie evidence of the violation of the provisions of this subsection.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 687; May 24, 1949, c. 139, § 2, 63 Stat. 89; Sept. 2, 1960, Pub.L. 86-702, § 1, 74 Stat. 753; Nov. 16, 1981, Pub.L. 97-79, § 9(d), 95 Stat. 1079; Nov. 29, 1990, Pub.L. 101-646, § 1208, 104 Stat. 4772; Dec. 13, 1991, Pub.L. 102-237, Title X, § 1013(e), 105 Stat. 1901; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147; Oct. 26, 1996, Pub.L. 104-332, § 2(h)(1), 110 Stat. 4091; Dec. 14, 2010, Pub.L. 111-307, § 2, 124 Stat. 3282.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 43

Effective: November 27, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 3. Animals, Birds, Fish, and Plants

§ 43. Force, violence, and threats involving animal enterprises

(a) Offense.--Whoever travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility of interstate or foreign commerce--

(1) for the purpose of damaging or interfering with the operations of an animal enterprise; and

(2) in connection with such purpose--

(A) intentionally damages or causes the loss of any real or personal property (including animals or records) used by an animal enterprise, or any real or personal property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise;

(B) intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the immediate family (as defined in section 115) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation; or

shall be punished as provided for in subsection (b).

(b) Penalties.--The punishment for a violation of section [FN1] (a) or an attempt or conspiracy to violate subsection (a) shall be--

(1) a fine under this title or imprisonment not more than 1 year, or both, if the offense does not instill in another the reasonable fear of serious bodily injury or death and--

(A) the offense results in no economic damage or bodily injury; or

(B) the offense results in economic damage that does not exceed $10,000;

(2) a fine under this title or imprisonment for not more than 5 years, or both, if no bodily injury occurs and--

(A) the offense results in economic damage exceeding $10,000 but not exceeding $100,000; or

(B) the offense instills in another the reasonable fear of serious bodily injury or death;

(3) a fine under this title or imprisonment for not more than 10 years, or both, if--

(A) the offense results in economic damage exceeding $100,000; or

(B) the offense results in substantial bodily injury to another individual;

(4) a fine under this title or imprisonment for not more than 20 years, or both, if--

(A) the offense results in serious bodily injury to another individual; or

(B) the offense results in economic damage exceeding $1,000,000; and

(5) imprisonment for life or for any terms of years, a fine under this title, or both, if the offense results in death of another individual.

(c) Restitution.--An order of restitution under section 3663 or 3663A of this title with respect to a violation of this section may also include restitution--

(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense;

(2) for the loss of food production or farm income reasonably attributable to the offense; and

(3) for any other economic damage, including any losses or costs caused by economic disruption, resulting from the offense.

(d) Definitions.--As used in this section--

(1) the term “animal enterprise” means--

(A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing;

(B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or

(2) the term “course of conduct” means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose;

(3) the term “economic damage”--

(A) means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity on account of that person's or entity's connection to, relationship with, or transactions with the animal enterprise; but

(B) does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise;

(4) the term “serious bodily injury” means--

(A) injury posing a substantial risk of death;

(B) extreme physical pain;

(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and

(5) the term “substantial bodily injury” means--

(A) deep cuts and serious burns or abrasions;

(B) short-term or nonobvious disfigurement;

(D) significant physical pain;

(E) illness;

(F) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or

(G) any other significant injury to the body.

(e) Rules of construction.--Nothing in this section shall be construed--

(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;

(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; or

(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this action, or to preempt State or local laws that may provide such penalties or remedies.

CREDIT(S)

(Added Pub.L. 102-346, § 2(a), Aug. 26, 1992, 106 Stat. 928; amended Pub.L. 104-294, Title VI, § 601(r)(3), Oct. 11, 1996, 110 Stat. 3502; Pub.L. 107-188, Title III, § 336, June 12, 2002, 116 Stat. 681; Pub.L. 109-374, § 2(a), Nov. 27, 2006, 120 Stat. 2652.)

[FN1] So in original. Probably should be “subsection”.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 44

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 3. Animals, Birds, Fish, and Plants

[§ 44. Repealed. Pub.L. 97-79, § 9(b)(2), Nov. 16, 1981, 95 Stat. 1079]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 45

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 3. Animals, Birds, Fish, and Plants

[§ 45. Repealed. Pub.L. 101-647, Title XII, § 1206(a), Nov. 29, 1990, 104 Stat. 4832]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 46

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 3. Animals, Birds, Fish, and Plants

§ 46. Transportation of water hyacinths

(a) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, alligator grass (alternanthera philoxeroides), or water chestnut plants (trapa natans) or water hyacinth plants (eichhornia crassipes) or the seeds of such grass or plants; or

(b) Whoever knowingly sells, purchases, barters, exchanges, gives, or receives any grass, plant, or seed which has been transported in violation of subsection (a); or

(c) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, an advertisement, to sell, purchase, barter, exchange, give, or receive alligator grass or water chestnut plants or water hyacinth plants or the seeds of such grass or plants--

shall be fined under this title, or imprisoned not more than six months, or both.

CREDIT(S)

(Added Aug. 1, 1956, c. 825, § 1, 70 Stat. 797; amended Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 47

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 3. Animals, Birds, Fish, and Plants

§ 47. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes

(a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be fined under this title, or imprisoned not more than six months, or both.

(b) Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be fined under this title, or imprisoned not more than six months, or both.

(1) The term “aircraft” means any contrivance used for flight in the air; and

(2) The term “motor vehicle” includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land.

CREDIT(S)

(Added Pub.L. 86-234, § 1(a), Sept. 8, 1959, 73 Stat. 470; amended Pub.L. 103-322, Title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 48

Effective: December 9, 2010

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 3. Animals, Birds, Fish, and Plants

§ 48. Animal crush videos

(a) Definition.--In this section the term “animal crush video” means any photograph, motion-picture film, video or digital recording, or electronic image that--

(1) depicts actual conduct in which 1 or more living non-human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury (as defined in section 1365 and including conduct that, if committed against a person and in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242); and

(2) is obscene.

(b) Prohibitions.--

(1) Creation of animal crush videos.--It shall be unlawful for any person to knowingly create an animal crush video, if--

(A) the person intends or has reason to know that the animal crush video will be distributed in, or using a means or facility of, interstate or foreign commerce; or

(B) the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce.

(2) Distribution of animal crush videos.--It shall be unlawful for any person to knowingly sell, market, advertise, exchange, or distribute an animal crush video in, or using a means or facility of, interstate or foreign commerce.

(c) Extraterritorial application.--Subsection (b) shall apply to the knowing sale, marketing, advertising, exchange, distribution, or creation of an animal crush video outside of the United States, if--

(1) the person engaging in such conduct intends or has reason to know that the animal crush video will be transported into the United States or its territories or possessions; or

(2) the animal crush video is transported into the United States or its territories or possessions.

(d) Penalty.--Any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 7 years, or both.

(e) Exceptions.--

(1) In general.--This section shall not apply with regard to any visual depiction of--

(A) customary and normal veterinary or agricultural husbandry practices;

(B) the slaughter of animals for food; or

(2) Good-faith distribution.--This section shall not apply to the good-faith distribution of an animal crush video to--

(A) a law enforcement agency; or

(B) a third party for the sole purpose of analysis to determine if referral to a law enforcement agency is appropriate.

(f) No preemption.--Nothing in this section shall be construed to preempt the law of any State or local subdivision thereof to protect animals.

CREDIT(S)

(Added Pub.L. 106-152, § 1(a), Dec. 9, 1999, 113 Stat. 1732; amended Pub.L. 111-294, § 3(a), Dec. 9, 2010, 124 Stat. 3178.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 49

Effective:[See Notes]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 3. Animals, Birds, Fish, and Plants

§ 49. Enforcement of animal fighting prohibitions

Whoever violates subsection (a), (b), (c), or (e) of section 26 of the Animal Welfare Act shall be fined under this title, imprisoned for not more than 5 years, or both, for each violation.

CREDIT(S)

(Added Pub.L. 110-22, § 2(a), May 3, 2006, 121 Stat. 88; amended Pub.L. 110-234, Title XIV, § 14207(b), May 22, 2008, 122 Stat. 1462; Pub.L. 110-246, § 4(a), Title XIV, § 14207(b), June 18, 2008, 122 Stat. 1664, 2224.)

2008 Acts. Amendments by Pub.L. 110-246, except as otherwise provided, shall take effect on the earlier of June 18, 2008, or May 22, 2008, see Pub.L. 110-246, § 4(b), set out in a Repeal of Duplicative Enactment note under 7 U.S.C.A. § 8701.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 81

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 5. Arson

§ 81. Arson within special maritime and territorial jurisdiction

Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both.

If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 688; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (K), 108 Stat. 2147; Apr. 24, 1996, Pub.L. 104-132, Title VII, § 708(b), 110 Stat. 1296; Oct. 26, 2001, Pub.L. 107-56, Title VIII, §§ 810(a), 811(a), 115 Stat. 380, 381.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 111

Effective: January 7, 2008

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 7. Assault

§ 111. Assaulting, resisting, or impeding certain officers or employees

(a) In general.--Whoever--

(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or

(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person's term of service,

shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.

(b) Enhanced penalty.--Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 688; Nov. 18, 1988, Pub.L. 100-690, Title VI, § 6487(a), 102 Stat. 4386; Sept. 13, 1994, Pub.L. 103-322, Title XXXII, § 320101(a), 108 Stat. 2108; Apr. 24, 1996, Pub.L. 104-132, Title VII, § 727(c), 110 Stat. 1302; Nov. 2, 2002, Pub.L. 107-273, Div. C, Title I, § 11008(b), 116 Stat. 1818; Jan. 7, 2008, Pub.L. 110-177, Title II, § 208(b), 121 Stat. 2538.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 112

Effective: April 24, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 7. Assault

§ 112. Protection of foreign officials, official guests, and internationally protected persons

(a) Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official, official guest, or internationally protected person or makes any other violent attack upon the person or liberty of such person, or, if likely to endanger his person or liberty, makes a violent attack upon his official premises, private accommodation, or means of transport or attempts to commit any of the foregoing shall be fined under this title or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon, or inflicts bodily injury, shall be fined under this title or imprisoned not more than ten years, or both.

(b) Whoever willfully--

(1) intimidates, coerces, threatens, or harasses a foreign official or an official guest or obstructs a foreign official in the performance of his duties;

(2) attempts to intimidate, coerce, threaten, or harass a foreign official or an official guest or obstruct a foreign official in the performance of his duties; or

(3) within the United States and within one hundred feet of any building or premises in whole or in part owned, used, or occupied for official business or for diplomatic, consular, or residential purposes by--

(A) a foreign government, including such use as a mission to an international organization;

(B) an international organization;

(D) an official guest;

congregates with two or more other persons with intent to violate any other provision of this section;

shall be fined under this title or imprisoned not more than six months, or both.

(c) For the purpose of this section “foreign government”, “foreign official”, “internationally protected person”, “international organization”, “national of the United States”, and “official guest” shall have the same meanings as those provided in section 1116(b) of this title.

(d) Nothing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States.

(e) If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501(2) of title 49.

(f) In the course of enforcement of subsection (a) and any other sections prohibiting a conspiracy or attempt to violate subsection (a), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary, notwithstanding.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 688; Aug. 27, 1964, Pub.L. 88-493, § 1, 78 Stat. 610; Oct. 24, 1972, Pub.L. 92-539, Title III, § 301, 86 Stat. 1072; Oct. 8, 1976, Pub.L. 94-467, § 5, 90 Stat. 1999; Nov. 9, 1977, Pub.L. 95-163, § 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub.L. 95-504, § 2(b), 92 Stat. 1705; Nov. 18, 1988, Pub.L. 100-690, Title VI, § 6478, 102 Stat. 4381; July 5, 1994, Pub.L. 103-272, § 5(e)(2), 108 Stat. 1373; Sept. 13, 1994, Pub.L. 103-322, Title XXXII, § 320101(b), Title XXXIII, § 330016(1)(G), (K), 108 Stat. 2108, 2147; Apr. 24, 1996, Pub.L. 104-132, Title VII, § 721(d), 110 Stat. 1298; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 604(b)(12)(A), 110 Stat. 3507.)

1996 Acts. Amendment by section 604 of Pub.L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub.L. 104-294, set out as a note under section 13 of this title.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 113

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 7. Assault

§ 113. Assaults within maritime and territorial jurisdiction

(a) Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:

(1) Assault with intent to commit murder, by imprisonment for not more than twenty years.

(2) Assault with intent to commit any felony, except murder or a felony under chapter 109A, by a fine under this title or imprisonment for not more than ten years, or both.

(3) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by a fine under this title or imprisonment for not more than ten years, or both.

(4) Assault by striking, beating, or wounding, by a fine under this title or imprisonment for not more than six months, or both.

(5) Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both.

(6) Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both.

(7) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 5 years, or both.

(b) As used in this subsection--

(1) the term “substantial bodily injury” means bodily injury which involves--

(A) a temporary but substantial disfigurement; or

(B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty; and

(2) the term “serious bodily injury” has the meaning given that term in section 1365 of this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 689; May 29, 1976, Pub.L. 94-297, § 3, 90 Stat. 585; Nov. 10, 1986, Pub.L. 99-646, § 87(c)(2), (3), 100 Stat. 3623; Nov. 14, 1986, Pub.L. 99-654, § 3(a)(2), (3), 100 Stat. 3663; Sept. 13, 1994, Pub.L. 103-322, Title XVII, § 170201(a)-(d), Title XXXII, § 320101(c), Title XXXIII, § 330016(2)(B), 108 Stat. 2042, 2043, 2108, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 604(b)(7), (12)(B), 110 Stat. 3507.)

1996 Acts. Amendment by section 604 of Pub.L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub.L. 104-294, set out as a note under section 13 of this title.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 114

Effective: April 24, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 7. Assault

§ 114. Maiming within maritime and territorial jurisdiction

Whoever, within the special maritime and territorial jurisdiction of the United States, and with intent to torture (as defined in section 2340), maim, or disfigure, cuts, bites, or slits the nose, ear, or lip, or cuts out or disables the tongue, or puts out or destroys an eye, or cuts off or disables a limb or any member of another person; or

Whoever, within the special maritime and territorial jurisdiction of the United States, and with like intent, throws or pours upon another person, any scalding water, corrosive acid, or caustic substance--

Shall be fined under this title or imprisoned not more than twenty years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 689; May 24, 1949, c. 139, § 3, 63 Stat. 90; Oct. 12, 1984, Pub.L. 98-473, Title II, § 1009A, 98 Stat. 2141; Nov. 29, 1990, Pub.L. 101-647, Title XXXV, § 3507, 104 Stat. 4922; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(O), 108 Stat. 2148; Apr. 24, 1996, Pub.L. 104-132, Title VII, § 705(a)(1), 110 Stat. 1295.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 115

Effective: January 7, 2008

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 7. Assault

§ 115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member

(a)(1) Whoever--

(A) assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under section 1114 of this title; or

(B) threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section,

with intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties, shall be punished as provided in subsection (b).

(2) Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or a member of the immediate family of any person who formerly served as a person designated in paragraph (1), with intent to retaliate against such person on account of the performance of official duties during the term of service of such person, shall be punished as provided in subsection (b).

(b)(1) The punishment for an assault in violation of this section is--

(A) a fine under this title; and

(B)(i) if the assault consists of a simple assault, a term of imprisonment for not more than 1 year;

(ii) if the assault involved physical contact with the victim of that assault or the intent to commit another felony, a term of imprisonment for not more than 10 years;

(iii) if the assault resulted in bodily injury, a term of imprisonment for not more than 20 years; or

(iv) if the assault resulted in serious bodily injury (as that term is defined in section 1365 of this title, and including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) or a dangerous weapon was used during and in relation to the offense, a term of imprisonment for not more than 30 years.

(2) A kidnapping, attempted kidnapping, or conspiracy to kidnap in violation of this section shall be punished as provided in section 1201 of this title for the kidnapping or attempted kidnapping of, or a conspiracy to kidnap, a person described in section 1201(a)(5) of this title.

(3) A murder, attempted murder, or conspiracy to murder in violation of this section shall be punished as provided in sections 1111, 1113, and 1117 of this title.

(4) A threat made in violation of this section shall be punished by a fine under this title or imprisonment for a term of not more than 10 years, or both, except that imprisonment for a threatened assault shall not exceed 6 years.

(1) “Federal law enforcement officer” means any officer, agent, or employee of the United States authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law;

(2) “immediate family member” of an individual means--

(A) his spouse, parent, brother or sister, child or person to whom he stands in loco parentis; or

(B) any other person living in his household and related to him by blood or marriage;

(3) “United States judge” means any judicial officer of the United States, and includes a justice of the Supreme Court and a United States magistrate judge; and

(4) “United States official” means the President, President-elect, Vice President, Vice President-elect, a Member of Congress, a member-elect of Congress, a member of the executive branch who is the head of a department listed in 5 U.S.C. 101, or the Director of the Central Intelligence Agency.

(d) This section shall not interfere with the investigative authority of the United States Secret Service, as provided under sections 3056, 871, and 879 of this title.

CREDIT(S)

(Added Pub.L. 98-473, Title II, § 1008(a), Oct. 12, 1984, 98 Stat. 2140; amended Pub.L. 99-646, §§ 37(a), 60, Nov. 10, 1986, 100 Stat. 3599, 3613; Pub.L. 100-690, Title VI, § 6487(f), Nov. 18, 1988, 102 Stat. 4386; Pub.L. 101-647, Title XXXV, § 3508, Nov. 29, 1990, 104 Stat. 4922; Pub.L. 101-650, Title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub.L. 103-322, Title XXXIII, §§ 330016(2)(C), 330021(1), Sept. 13, 1994, 108 Stat. 2148, 2150; Pub.L. 104-132, Title VII, §§ 723(a), 727(b), Apr. 24, 1996, 110 Stat. 1300, 1302; Pub.L. 107-273, Div. B, Title IV, § 4002(b)(9), Div. C, Title I, § 11008(c), Nov. 2, 2002, 116 Stat. 1808, 1818; Pub.L. 110-177, Title II, § 208(a), Jan. 7, 2008, 121 Stat. 2538.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 116

Effective: January 2, 2013

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 7. Assault

§ 116. Female genital mutilation

(a) Except as provided in subsection (b), whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.

(b) A surgical operation is not a violation of this section if the operation is--

(1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or

(2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.

(c) In applying subsection (b)(1), no account shall be taken of the effect on the person on whom the operation is to be performed of any belief on the part of that person, or any other person, that the operation is required as a matter of custom or ritual.

(d) Whoever knowingly transports from the United States and its territories a person in foreign commerce for the purpose of conduct with regard to that person that would be a violation of subsection (a) if the conduct occurred within the United States, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.

CREDIT(S)

(Added Pub.L. 104-208, Div. C, Title VI, § 645(b)(1), Sept. 30, 1996, 110 Stat. 3009-709; amended Pub.L. 112-239, Div. A, Title X, § 1088, Jan. 2, 2013, 126 Stat. 1970.)

1996 Acts. Section 645(c) of Div. C of Pub.L. 104-208 provided that: “The amendments made by subsection (b) [enacting this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Sept. 30, 1996].”

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 117

Effective: January 5, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 7. Assault

§ 117. Domestic assault by an habitual offender [FN1]

(a) In general.--Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction--

(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; or

(2) an offense under chapter 110A,

shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years.

(b) Domestic assault defined.--In this section, the term “domestic assault” means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.

CREDIT(S)

(Added Pub.L. 109-162, Title IX, § 909, Jan. 5, 2006, 119 Stat. 3084.)

[FN1] Section was enacted without corresponding amendment to analysis.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 118

Effective: January 11, 2007

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 7. Assault

§ 118. Interference with certain protective functions

Any person who knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged, within the United States or the special maritime territorial jurisdiction of the United States, in the performance of the protective functions authorized under section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709) or section 103 of the Diplomatic Security Act (22 U.S.C. 4802) shall be fined under this title, imprisoned not more than 1 year, or both.

CREDIT(S)

(Added Pub.L. 109-472, § 4(a), Jan. 11, 2007, 120 Stat. 3555.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 119

Effective: January 7, 2008

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 7. Assault

§ 119. Protection of individuals performing certain official duties

(a) In general.--Whoever knowingly makes restricted personal information about a covered person, or a member of the immediate family of that covered person, publicly available--

(1) with the intent to threaten, intimidate, or incite the commission of a crime of violence against that covered person, or a member of the immediate family of that covered person; or

(2) with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that covered person, or a member of the immediate family of that covered person,

shall be fined under this title, imprisoned not more than 5 years, or both.

(b) Definitions.--In this section--

(1) the term “restricted personal information” means, with respect to an individual, the Social Security number, the home address, home phone number, mobile phone number, personal email, or home fax number of, and identifiable to, that individual;

(2) the term “covered person” means--

(A) an individual designated in section 1114;

(B) a grand or petit juror, witness, or other officer in or of, any court of the United States, or an officer who may be, or was, serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate;

(D) a State or local officer or employee whose restricted personal information is made publicly available because of the participation in, or assistance provided to, a Federal criminal investigation by that officer or employee;

(3) the term “crime of violence” has the meaning given the term in section 16; and

(4) the term “immediate family” has the meaning given the term in section 115(c)(2).

CREDIT(S)

(Added Pub.L. 110-177, Title II, § 202(a), Jan. 7, 2008, 121 Stat. 2536.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 151

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 9. Bankruptcy

§ 151. Definition

As used in this chapter, the term “debtor” means a debtor concerning whom a petition has been filed under Title 11.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 689; Nov. 6, 1978, Pub.L. 95-598, Title III, § 314(b)(1), 92 Stat. 2676; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330008(5), 108 Stat. 2143.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 152

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 9. Bankruptcy

§ 152. Concealment of assets; false oaths and claims; bribery

A person who--

(1) knowingly and fraudulently conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or, in connection with a case under title 11, from creditors or the United States Trustee, any property belonging to the estate of a debtor;

(2) knowingly and fraudulently makes a false oath or account in or in relation to any case under title 11;

(3) knowingly and fraudulently makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, in or in relation to any case under title 11;

(4) knowingly and fraudulently presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title 11, in a personal capacity or as or through an agent, proxy, or attorney;

(5) knowingly and fraudulently receives any material amount of property from a debtor after the filing of a case under title 11, with intent to defeat the provisions of title 11;

(6) knowingly and fraudulently gives, offers, receives, or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof for acting or forbearing to act in any case under title 11;

(7) in a personal capacity or as an agent or officer of any person or corporation, in contemplation of a case under title 11 by or against the person or any other person or corporation, or with intent to defeat the provisions of title 11, knowingly and fraudulently transfers or conceals any of his property or the property of such other person or corporation;

(8) after the filing of a case under title 11 or in contemplation thereof, knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor; or

(9) after the filing of a case under title 11, knowingly and fraudulently withholds from a custodian, trustee, marshal, or other officer of the court or a United States Trustee entitled to its possession, any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor,

shall be fined under this title, imprisoned not more than 5 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 689; June 12, 1960, Pub.L. 86-519, § 2, 74 Stat. 217; Sept. 2, 1960, Pub.L. 86-701, 74 Stat. 753; Oct. 18, 1976, Pub.L. 94-550, § 4, 90 Stat. 2535; Nov. 6, 1978, Pub.L. 95-598, Title III, § 314(a), (c), 92 Stat. 2676, 2677; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7017, 102 Stat. 4395; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Oct. 22, 1994, Pub.L. 103-394, Title III, § 312(a)(1)(A), 108 Stat. 4138; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 601(a)(1), 110 Stat. 3498.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 153

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 9. Bankruptcy

§ 153. Embezzlement against estate

(a) Offense.--A person described in subsection (b) who knowingly and fraudulently appropriates to the person's own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be fined under this title, imprisoned not more than 5 years, or both.

(b) Person to whom section applies.--A person described in this subsection is one who has access to property or documents belonging to an estate by virtue of the person's participation in the administration of the estate as a trustee, custodian, marshal, attorney, or other officer of the court or as an agent, employee, or other person engaged by such an officer to perform a service with respect to the estate.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 690; Nov. 6, 1978, Pub.L. 95-598, Title III, § 314(a)(1), (d)(1), (2), 92 Stat. 2676, 2677; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Oct. 22, 1994, Pub.L. 103-394, Title III, § 312(a)(1)(A), 108 Stat. 4139; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 601(a)(1), 110 Stat. 3498.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 154

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 9. Bankruptcy

§ 154. Adverse interest and conduct of officers

A person who, being a custodian, trustee, marshal, or other officer of the court--

(1) knowingly purchases, directly or indirectly, any property of the estate of which the person is such an officer in a case under title 11;

(2) knowingly refuses to permit a reasonable opportunity for the inspection by parties in interest of the documents and accounts relating to the affairs of estates in the person's charge by parties when directed by the court to do so; or

(3) knowingly refuses to permit a reasonable opportunity for the inspection by the United States Trustee of the documents and accounts relating to the affairs of an estate in the person's charge,

shall be fined under this title and shall forfeit the person's office, which shall thereupon become vacant.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 690; Nov. 6, 1978, Pub.L. 95-598, Title III, § 314(a)(2), (e)(1), (2), 92 Stat. 2676, 2677; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147; Oct. 22, 1994, Pub.L. 103-394, Title III, § 312(a)(1)(A), 108 Stat. 4139; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 601(a)(1), 110 Stat. 3498.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 155

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 9. Bankruptcy

§ 155. Fee agreements in cases under title 11 and receiverships

Whoever, being a party in interest, whether as a debtor, creditor, receiver, trustee or representative of any of them, or attorney for any such party in interest, in any receivership or case under title 11 in any United States court or under its supervision, knowingly and fraudulently enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendered in connection therewith, from the assets of the estate, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 690; May 24, 1949, c. 139, § 4, 63 Stat. 90; Nov. 6, 1978, Pub.L. 95-598, Title III, § 314(f)(1), (2) 92 Stat. 2677; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 156

Effective:[See Notes]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 9. Bankruptcy

§ 156. Knowing disregard of bankruptcy law or rule

(a) Definitions.--In this section--

(1) the term “bankruptcy petition preparer” means a person, other than the debtor's attorney or an employee of such an attorney, who prepares for compensation a document for filing; and

(2) the term “document for filing” means a petition or any other document prepared for filing by a debtor in a United States bankruptcy court or a United States district court in connection with a case under title 11.

(b) Offense.--If a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, imprisoned not more than 1 year, or both.

CREDIT(S)

(Added Pub.L. 103-394, Title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub.L. 109-8, Title XII, § 1220, Apr. 20, 2005, 119 Stat. 195.)

2005 Acts. Except as otherwise provided, amendments by Pub.L. 109-8 effective 180 days after April 20, 2005, and inapplicable with respect to cases commenced under Title 11 before the effective date, see Pub.L. 109-8, § 1501, set out as a note under 11 U.S.C.A. § 101.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 157

Effective: December 22, 2010

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 9. Bankruptcy

§ 157. Bankruptcy fraud

A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so--

(1) files a petition under title 11, including a fraudulent involuntary petition under section 303 of such title;

(2) files a document in a proceeding under title 11; or

(3) makes a false or fraudulent representation, claim, or promise concerning or in relation to a proceeding under title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title,

shall be fined under this title, imprisoned not more than 5 years, or both.

CREDIT(S)

(Added Pub.L. 103-394, Title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub.L. 109-8, Title III, § 332(c), Apr. 20, 2005, 119 Stat. 103; Pub.L. 111-327, § 2(b), Dec. 22, 2010, 124 Stat. 3562.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 158

Effective:[See Notes]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 9. Bankruptcy

§ 158. Designation of United States attorneys and agents of the Federal Bureau of Investigation to address abusive reaffirmations of debt and materially fraudulent statements in bankruptcy schedules

(a) In general.--The Attorney General of the United States shall designate the individuals described in subsection (b) to have primary responsibility in carrying out enforcement activities in addressing violations of section 152 or 157 relating to abusive reaffirmations of debt. In addition to addressing the violations referred to in the preceding sentence, the individuals described under subsection (b) shall address violations of section 152 or 157 relating to materially fraudulent statements in bankruptcy schedules that are intentionally false or intentionally misleading.

(b) United States attorneys and agents of the Federal Bureau of Investigation.--The individuals referred to in subsection (a) are--

(1) the United States attorney for each judicial district of the United States; and

(2) an agent of the Federal Bureau of Investigation for each field office of the Federal Bureau of Investigation.

(c) Bankruptcy investigations.--Each United States attorney designated under this section shall, in addition to any other responsibilities, have primary responsibility for carrying out the duties of a United States attorney under section 3057.

(d) Bankruptcy procedures.--The bankruptcy courts shall establish procedures for referring any case that may contain a materially fraudulent statement in a bankruptcy schedule to the individuals designated under this section.

CREDIT(S)

(Added Pub.L. 109-8, Title II, § 203(b)(1), Apr. 20, 2005, 119 Stat. 49.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 175

Effective: June 12, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 10. Biological Weapons

§ 175. Prohibitions with respect to biological weapons

(a) In general.--Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States.

(b) Additional offense.--Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms “biological agent” and “toxin” do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.

(c) Definition.--For purposes of this section, the term “for use as a weapon” includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes.

CREDIT(S)

(Added Pub.L. 101-298, § 3(a), May 22, 1990, 104 Stat. 201; amended Pub.L. 104-132, Title V, § 511(b)(1), Apr. 24, 1996, 110 Stat. 1284; Pub.L. 107-56, Title VIII, § 817(1), Oct. 26, 2001, 115 Stat. 385; Pub.L. 107-188, Title II, § 231(c)(1), June 12, 2002, 116 Stat. 661.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 175a

Effective: September 23, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 10. Biological Weapons

§ 175a. Requests for military assistance to enforce prohibition in certain emergencies

The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 175 of this title in an emergency situation involving a biological weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.

CREDIT(S)

(Added Pub.L. 104-201, Div. A, Title XIV, § 1416(c)(1)(A), Sept. 23, 1996, 110 Stat. 2723.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 175b

Effective:[See Notes]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 10. Biological Weapons

§ 175b. Possession by restricted persons

(a)(1) No restricted person shall ship or transport in or affecting interstate or foreign commerce, or possess in or affecting interstate or foreign commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations.

(2) Whoever knowingly violates this section shall be fined as provided in this title, imprisoned not more than 10 years, or both, but the prohibition contained in this section shall not apply with respect to any duly authorized United States governmental activity.

(b) Transfer to unregistered person.--

(1) Select agents.--Whoever transfers a select agent to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 351A of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both.

(2) Certain other biological agents and toxins.--Whoever transfers a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 212 of such Act shall be fined under this title, or imprisoned for not more than 5 years, or both.

(1) Select agents.--Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a select agent for which such person has not obtained a registration required by regulations under section 351A(c) of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both.

(2) Certain other biological agents and toxins.--Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 for which such person has not obtained a registration required by regulations under section 212(c) of such Act shall be fined under this title, or imprisoned for not more than 5 years, or both.

(d) In this section:

(1) The term “select agent” means a biological agent or toxin to which subsection (a) applies. Such term (including for purposes of subsection (a)) does not include any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.

(2) The term “restricted person” means an individual who--

(A) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year;

(B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(D) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(E) is an alien illegally or unlawfully in the United States;

(F) has been adjudicated as a mental defective or has been committed to any mental institution;

(G)(i) is an alien (other than an alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act (22 U.S.C. 2780(d)), has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph;

(H) has been discharged from the Armed Services of the United States under dishonorable conditions; or

(I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).

(3) The term “alien” has the same meaning as in section section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).

(4) The term “lawfully admitted for permanent residence” has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

CREDIT(S)

(Added Pub.L. 107-56, Title VIII, § 817(2), Oct. 26, 2001, 115 Stat. 386; amended Pub.L. 107-188, Title II, § 231(a), (b)(1), (c)(2), June 12, 2002, 116 Stat. 660, 661; Pub.L. 107-273, Div. B, Title IV, § 4005(g), Nov. 2, 2002, 116 Stat. 1813; Pub.L. 108-458, Title VI, § 6802(c), (d)(1), Dec. 17, 2004, 118 Stat. 3767.)

2004 Acts. Pub.L. 108-458, Title VI, § 6802(d)(2), Dec. 17, 2004, 118 Stat. 3767, provided that: “The amendment made by paragraph (1) [amending subsec. (a)(1) of this section] shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective [probably means the effective date of the final rule revising sections 73.4, 73.5, and 73.6 of Title 42, C.F.R., which was Apr. 18, 2005, see 70 F.R. 13294].”

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 175c

Effective: December 17, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 10. Biological Weapons

§ 175c. Variola virus

(a) Unlawful conduct.--

(1) In general.--Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus.

(2) Exception.--This subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services.

(b) Jurisdiction.--Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--

(1) the offense occurs in or affects interstate or foreign commerce;

(2) the offense occurs outside of the United States and is committed by a national of the United States;

(3) the offense is committed against a national of the United States while the national is outside the United States;

(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or

(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.

(1) In general.--Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.

(2) Other circumstances.--Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life.

(3) Special circumstances.--If the death of another results from a person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.

(d) Definition.--As used in this section, the term “variola virus” means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus.

CREDIT(S)

(Added Pub.L. 108-458, Title VI, § 6906, Dec. 17, 2004, 118 Stat. 3773.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 176

Effective: June 12, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 10. Biological Weapons

§ 176. Seizure, forfeiture, and destruction

(a) In general.--(1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that--

(A) pertains to conduct prohibited under section 175 of this title; or

(B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

(2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant.

(b) Procedure.--Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the Government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section.

(c) Affirmative defense.--It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that--

(1) such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and

(2) such biological agent, toxin, or delivery system, is of a type and quantity reasonable for that purpose.

CREDIT(S)

(Added Pub.L. 101-298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub.L. 103-322, Title XXXIII, § 330010(16), Sept. 13, 1994, 108 Stat. 2144; Pub.L. 107-188, Title II, § 231(c)(3), June 12, 2002, 116 Stat. 661.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 177

Effective: April 24, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 10. Biological Weapons

§ 177. Injunctions

(a) In general.--The United States may obtain in a civil action an injunction against--

(1) the conduct prohibited under section 175 of this title;

(2) the preparation, solicitation, attempt, threat, or conspiracy to engage in conduct prohibited under section 175 of this title; or

(3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

(b) Affirmative defense.--It is an affirmative defense against an injunction under subsection (a)(3) of this section that--

(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and

(2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.

CREDIT(S)

(Added Pub.L. 101-298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub.L. 104-132, Title V, § 511(b)(2), Apr. 24, 1996, 110 Stat. 1284.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 178

Effective: June 12, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 10. Biological Weapons

§ 178. Definitions

As used in this chapter--

(1) the term “biological agent” means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing--

(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;

(B) deterioration of food, water, equipment, supplies, or material of any kind; or

(2) the term “toxin” means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes--

(A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or

(B) any poisonous isomer or biological product, homolog, or derivative of such a substance;

(3) the term “delivery system” means--

(A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or

(B) any vector;

(4) the term “vector” means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host; and

(5) the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

CREDIT(S)

(Added Pub.L. 101-298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub.L. 104-132, Title V, § 511(b)(3), Title VII, § 721(h), Apr. 24, 1996, 110 Stat. 1284, 1299; Pub.L. 107-188, Title II, § 231(c)(4), June 12, 2002, 116 Stat. 661.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 11, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 11. Bribery, Graft, and Conflicts of Interest

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 201

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 201. Bribery of public officials and witnesses

(a) For the purpose of this section--

(1) the term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror;

(2) the term “person who has been selected to be a public official” means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and

(3) the term “official act” means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official's official capacity, or in such official's place of trust or profit.

(b) Whoever--

(1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent--

(A) to influence any official act; or

(B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or

(C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;

(2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:

(A) being influenced in the performance of any official act;

(B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or

(3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;

(4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;

shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.

(1) otherwise than as provided by law for the proper discharge of official duty--

(A) directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or

(B) being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;

(2) directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person's absence therefrom;

(3) directly or indirectly, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person's absence therefrom;

shall be fined under this title or imprisoned for not more than two years, or both.

(d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or in the case of expert witnesses, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying.

(e) The offenses and penalties prescribed in this section are separate from and in addition to those prescribed in sections 1503, 1504, and 1505 of this title.

CREDIT(S)

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1119; amended Pub.L. 91-405, Title II, § 204(d) (1), Sept. 22, 1970, 84 Stat. 853; Pub.L. 99-646, § 46(a)-(l), Nov. 10, 1986, 100 Stat. 3601-3604; Pub.L. 103-322, Title XXXIII, §§ 330011(b), 330016(2)(D), Sept. 13, 1994, 108 Stat. 2144, 2148.)

MEMORANDUM OF ATTORNEY GENERAL REGARDING CONFLICT OF INTEREST PROVISIONS OF PUBLIC LAW 87-849

<Feb. 1, 1963, 28 F.R. 985>

Public Law 87-849, “To strengthen the criminal laws relating to bribery, graft, and conflicts of interest, and for other purposes,” came into force January 21, 1963. A number of departments and agencies of the Government have suggested that the Department of Justice prepare and distribute a memorandum analyzing the conflict of interest provisions contained in the new act. I am therefore distributing the attached memorandum.

One of the main purposes of the new legislation merits specific mention. That purpose is to help the Government obtain the temporary or intermittent services of persons with special knowledge and skills whose principal employment is outside the Government. For the most part the conflict of interest statutes superseded by Public Law 87-849 imposed the same restraints on a person serving the Government temporarily or intermittently as on a full-time employee, and those statutes often had an unnecessarily severe impact on the former. As a result, they impeded the departments and agencies in the recruitment of experts for important work. Public Law 87-849 meets this difficulty by imposing a lesser array of prohibitions on temporary and intermittent employees than on regular employees. I believe that a widespread appreciation of this aspect of the new law will lead to a significant expansion of the poll of talent on which the departments and agencies can draw for their special needs.

ROBERT F. KENNEDY,

Attorney General.

Memorandum re the Conflict of Interest Provisions of Public Law 87-849, 76 Stat. 1119, Approved October 23, 1962

INTRODUCTION

Public Law 87-849, which came into force January 21, 1963, affected seven statutes which applied to officers and employees of the Government and were generally spoken of as the “conflict of interest” laws. These included six sections of the criminal code, 18 U.S.C. 216, 281, 283, 284, 434 and 1914 [§§ 216, 281, 283, 284, 434 and 1914 of this title], and a statute containing no penalties, § 190 of the Revised Statutes (5 U.S.C. 99) [former § 99 of Title 5, now covered by § 207 of this title]. Public Law 87-849 (sometimes referred to hereinafter as “the Act”) repealed § 190 and one of the criminal statutes, 18 U.S.C. 216, without replacing them.[FN1] In addition it repealed and supplanted the other five criminal statutes. It is the purpose of this memorandum to summarize the new law and to describe the principal differences between it and the legislation it has replaced.

The Act accomplished its revisions by enacting new §§ 203, 205, 207, 208 and 209 of title 18 of the United States Code [§§ 203, 205, 207, 208 and 209 of this title] and providing that they supplant the above-mentioned §§ 281, 283, 284, 434 and 1914 of title 18 [§§ 281, 283, 284, 434 and 1914 of this title] respectively.[FN2] It will be convenient, therefore, after summarizing the principal provisions of the new sections, to examine each section separately, comparing it with its precursor before passing to the next. First of all, however, it is necessary to describe the background and provisions of the new 18 U.S.C. 202(a) [§ 202(a) of this title], which has no counterpart among the statutes formerly in effect.

SPECIAL GOVERNMENT EMPLOYEES--NEW18 U.S.C. 202(a)

In the main the prior conflict of interest laws imposed the same restrictions on individuals who serve the Government intermittently or for a short period of time as on those who serve full-time. The consequences of this generalized treatment were pointed out in the following paragraph of the Senate Judiciary Committee report on the bill which became Public Law 87-849: [FN3]

In considering the application of present law in relation to the Government's utilization of temporary or intermittent consultants and advisers, it must be emphasized that most of the existing conflict-of-interest statutes were enacted in the 19th century--that is, at a time when persons outside the Government rarely served it in this way. The laws were therefore directed at activities of regular Government employees, and their present impact on the occasionally needed experts--those whose main work is performed outside the Government--is unduly severe. This harsh impact constitutes an appreciable deterrent to the Government's obtaining needed part-time services.

The recruiting problem noted by the Committee generated a major part of the impetus for the enactment of Public Law 87-849. The Act dealt with the problem by creating a category of Government employees termed “special Government employees” and by excepting persons in this category from certain of the prohibitions imposed on ordinary employees. The new 18 U.S.C. 202(a) [§ 202(a) of this title] defines the term “special Government employee” to include, among others, officers and employees of the departments and agencies who are appointed or employed to serve, with or without compensation, for not more than 130 days during any period of 365 consecutive days either on a full-time or intermittent basis.

SUMMARY OF THE MAIN CONFLICT OF INTEREST PROVISIONS OF PUBLIC LAW 87-849

A regular officer or employee of the Government--that is, one appointed or employed to serve more than 130 days in any period of 365 days--is in general subject to the following major prohibitions (the citations are to the new sections of title 18):

1. He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest. This prohibition applies both to paid and unpaid representation of another (18 U.S.C. 203 and 205) [§§ 203 and 205 of this title].

2. He may not participate in his governmental capacity in any matter in which he, his spouse, minor child, outside business associate or person with whom he is negotiating for employment has a financial interest (18 U.S.C. 208) [§ 208 of this title].

3. He may not, after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government (18 U.S.C. 207(a) ) [§ 207(a) of this title].

4. He may not, for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility [FN4] during the last year of his Government service (18 U.S.C. 207(b) ) [§ 207(b) of this title]. This temporary restraint of course gives way to the permanent restraint described in paragraph 3 if the matter is one in which he participated personally and substantially.

5. He may not receive any salary, or supplementation of his Government salary, from a private source as compensation for his services to the Government (18 U.S.C. 209) [§ 209 of this title].

A special Government employee is in general subject only to the following major prohibitions:

1. (a) He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest and in which he has at any time participated personally and substantially for the Government (18 U.S.C. 203 and 205) [§§ 203 and 205 of this title].

(b) He may not, except in the discharge of his official duties, represent anyone else in a matter pending before the agency he serves unless he has served there no more than 60 days during the past 365 (18 U.S.C. 203 and 205) [§§ 203 and 205 of this title]. He is bound by this restraint despite the fact that the matter is not one in which he has ever participated personally and substantially.

The restrictions described in subparagraphs (a) and (b) apply to both paid and unpaid representation of another. These restrictions in combination are, of course, less extensive than the one described in the corresponding paragraph 1 in the list set forth above with regard to regular employees.

4. He may not, for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility during the last year of his Government service (18 U.S.C. 207(b) ) [§ 207(b) of this title]. This temporary restraint of course gives way to the permanent restriction described in paragraph 3 if the matter is one in which he participated personally and substantially.

It will be seen that paragraphs 2, 3 and 4 for special Government employees are the same as the corresponding paragraphs for regular employees. Paragraph 5 for the latter, describing the bar against the receipt of salary for Government work from a private source, does not apply to special Government employees.

As appears below, there are a number of exceptions to the prohibitions summarized in the two lists.

COMPARISON OF OLD AND NEW CONFLICT OF INTEREST SECTIONS OF TITLE 18, UNITED STATES CODE

New 18 U.S.C. 203 [§ 203 of this title]. Subsection (a) of this section in general prohibits a Member of Congress and an officer or employee of the United States in any branch or agency of the Government from soliciting or receiving compensation for services rendered on behalf of another person before a Government department or agency in relation to any particular matter in which the United States is a party or has a direct and substantial interest. The subsection does not preclude compensation for services rendered on behalf of another in court.

Subsection (a) is essentially a rewrite of the repealed portion of 18 U.S.C. 281 [former § 281 of this title]. However, subsections (b) and (c) have no counterparts in the previous statutes.

Subsection (b) makes it unlawful for anyone to offer or pay compensation the solicitation or receipt of which is barred by subsection (a).

Subsection (c) narrows the application of subsection (a) in the case of a person serving as a special Government employee to two, and only two, situations. First, subsection (c) bars him from rendering services before the Government on behalf of others, for compensation, in relation to a matter involving a specific party or parties in which he has participated personally and substantially in the course of his Government duties. And second, it bars him from such activities in relation to a matter involving a specific party or parties, even though he has not participated in the matter personally and substantially, if it is pending in his department or agency and he has served therein more than 60 days in the immediately preceding period of a year.

New 18 U.S.C. 205 [§ 205 of this title]. This section contains two major prohibitions. The first prevents an officer or employee of the United States in any branch or agency of the Government from acting as agent or attorney for prosecuting any claim against the United States, including a claim in court, whether for compensation or not. It also prevents him from receiving a gratuity, or a share or interest in any such claim, for assistance in the prosecution thereof. This portion of § 205 is similar to the repealed portion of 18 U.S.C. 283 [former § 283 of this title], which dealt only with claims against the United States, but it omits a bar contained in the latter--i.e., a bar against rendering uncompensated aid or assistance in the prosecution or support of a claim against the United States.

The second main prohibition of § 205 is concerned with more than claims. It precludes an officer or employee of the Government from acting as agent or attorney for anyone else before a department, agency or court in connection with any particular matter in which the United States is a party or has a direct and substantial interest.

Section 205 provides for the same limited application to a special Government employee as § 203. In short, it precludes him from acting as agent or attorney only (1) in a matter involving a specific party or parties in which he has participated personally and substantially in his governmental capacity, and (2) in a matter involving a specific party or parties which is before his department or agency, if he has served therein more than 60 days in the year past.

Since new §§ 203 and 205 extend to activities in the same range of matters, they overlap to a greater extent than did their predecessor §§ 281 and 283. The following are the few important differences between §§ 203 and 205:

1. Section 203 applies to Members of Congress as well as officers and employees of the Government; § 205 applies only to the latter.

2. Section 203 bars services rendered for compensation solicited or received, but not those rendered without such compensation; § 205 bars both kinds of services.

3. Section 203 bars services rendered before the departments and agencies but not services rendered in court; § 205 bars both.

It will be seen that while § 203 is controlling as to Members of Congress, for all practical purposes § 205 completely overshadows § 203 in respect of officers and employees of the Government.

Section 205 permits a Government officer or employee to represent another person, without compensation, in a disciplinary, loyalty or other personnel matter. Another provision declares that the section does not prevent an officer or employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.[FN5]

Section 205 also authorizes a limited waiver of its restrictions and those of § 203 for the benefit of an officer or employee, including a special Government employee, who represents his own parents, spouse or child, or a person or estate he serves as a fiduciary. The waiver is available to the officer or employee, whether acting for any such person with or without compensation, but only if approved by the official making appointments to his position. And in no event does the waiver extend to his representation of any such person in matters in which he has participated personally and substantially or which, even in the absence of such participation, are the subject of his official responsibility.

Finally, § 205 gives the head of a department or agency the power, notwithstanding any applicable restrictions in its provisions or those of § 203, to allow a special Government employee to represent his regular employer or other outside organization in the performance of work under a Government grant or contract. However, this action is open to the department or agency head only upon his certification, published in the FEDERAL REGISTER, that the national interest requires it.

New 18 U.S.C. 207 [§ 207 of this title]. Subsections (a) and (b) of this section contain post-employment prohibitions applicable to persons who have ended service as officers or employees of the executive branch, the independent agencies or the District of Columbia.[FN6] The prohibitions for persons who have served as special Government employees are the same as for persons who have performed regular duties.

The restraint of subsection (a) is against a former officer or employee's acting as agent or attorney for anyone other than the United States in connection with certain matters, whether pending in the courts or elsewhere. The matters are those involving a specific party or parties in which the United States is one of the parties or has a direct and substantial interest and in which the former officer or employee participated personally and substantially while holding a Government position.

Subsection (b) sets forth a 1-year postemployment prohibition in respect of those matters which were within the area of official responsibility of a former officer or employee at any time during the last year of his service but which do not come within subsection (a) because he did not participate in them personally and substantially. More particularly, the prohibition of subsection (b) prevents his personal appearance in such matters before a court or a department or agency of the Government as agent or attorney for anyone other than the United States.[FN7] Where, in the year prior to the end of his service, a former officer or employee has changed areas of responsibility by transferring from one agency to another, the period of his postemployment ineligibility as to matters in a particular area ends 1 year after his responsibility for that area ends. For example, if an individual transfers from a supervisory position in the Internal Revenue Service to a supervisory position in the Post Office Department and leaves that department for private employment 9 months later, he will be free of the restriction of subsection (b) in 3 months insofar as Internal Revenue matters are concerned. He will of course be bound by it for a year in respect of Post Office Department matters.

The proviso following subsections (a) and (b) authorizes an agency head, notwithstanding anything to the contrary in their provisions, to permit a former officer or employee with outstanding scientific qualifications to act as attorney or agent or appear personally before the agency for another in a matter in a scientific field. This authority may be exercised by the agency head upon a “national interest” certification published in the FEDERAL REGISTER.

Subsections (a) and (b) describe the activities they forbid as being in connection with “particular matter[s] involving a specific party or parties” in which the former officer or employee had participated. The quoted language does not include general rulemaking, the formulation of general policy or standards, or other similar matters. Thus, past participation in or official responsibility for a matter of this kind on behalf of the Government does not disqualify a former employee from representing another person in a proceeding which is governed by the rule or other result of such matter.

Subsection (a) bars permanently a greater variety of action than subsection (b) bars temporarily. The conduct made unlawful by the former is any action as agent or attorney, while that made unlawful by the latter is a personal appearance as agent or attorney. However, neither subsection precludes postemployment activities which may fairly be characterized as no more than aiding or assisting another.[FN8] An individual who has left an agency to accept private employment may, for example, immediately perform technical work in his company's plant in relation to a contract for which he had official responsibility--or, for that matter, in relation to one he helped the agency negotiate. On the other hand, he is forbidden for a year, in the first case, to appear personally before the agency as the agent or attorney of his company in connection with a dispute over the terms of the contract. And he may at no time appear personally before the agency or otherwise act as agent or attorney for his company in such dispute if he helped negotiate the contract.

Comparing subsection (a) with the antecedent 18 U.S.C. 284 [former § 284 of this title] discloses that it follows the latter in limiting disqualification to cases where a former officer or employee actually participated in a matter for the Government. However, subsection (a) covers all matters in which the United States is a party or has a direct and substantial interest and not merely the “claims against the United States” covered by 18 U.S.C. 284 [former § 284 of this title]. Subsection (a) also goes further than the latter in imposing a lifetime instead of a 2-year bar. Subsection (b) has no parallel in 18 U.S.C. 284 [former § 284 of this title] or any other provision of the former conflict of interest statutes.

It will be seen that subsections (a) and (b) in combination are less restrictive in some respects, and more restrictive in others, than the combination of the prior 18 U.S.C. 284 [former § 284 of this title] and 5 U.S.C. 99 [former § 99 of Title 5]. Thus, former officers or employees who were outside the Government when the Act came into force on January 21, 1963, will in certain situations be enabled to carry on activities before the Government which were previously barred. For example, the repeal of 5 U.S.C. 99 [former § 99 of Title 5] permits an attorney who left an executive department for private practice a year before to take certain cases against the Government immediately which would be subject to the bar of 5 U.S.C. 99 [former § 99 of Title 5] for another year. On the other hand, former officers or employees became precluded on and after January 21, 1963 from engaging or continuing to engage in certain activities which were permissible until that This result follows from the replacement of the 2-year bar of 18 U.S.C. 284 [former § 284 of this title] with the lifetime bar of subsection (a) in comparable situations, from the increase in the variety of matters covered by subsection (a) as compared with 18 U.S.C. 284 [former § 284 of this title] and from the introduction of the 1-year bar of subsection (b).

Subsection (c) of § 207 pertains to an individual outside the Government who is in a business or professional partnership with someone serving in the executive branch, an independent agency or the District of Columbia. The subsection prevents such individual from acting as attorney or agent for anyone other than the United States in any matters, including those in court, in which his partner in the Government is participating or has participated or which are the subject of his partner's official responsibility. Although included in a section dealing largely with postemployment activities, this provision is not directed to the postemployment situation.

The paragraph at the end of § 207 also pertains to individuals in a partnership but sets forth no prohibition. This paragraph, which is of importance mainly to lawyers in private practice, rules out the possibility that an individual will be deemed subject to § 203, 205, 207(a) or 207(b) solely because he has a partner who serves or has served in the Government either as a regular or a special Government employee.

New 18 U.S.C. 208 [§ 208 of this title]. This section forbids certain actions by an officer or employee of the Government in his role as a servant or representative of the Government. Its thrust is therefore to be distinguished from that of §§ 203 and 205 which forbid certain actions in his capacity as a representative of persons outside the Government.

Subsection (a) in substance requires an officer or employee of the executive branch, an independent agency or the District of Columbia, including a special Government employee, to refrain from participating as such in any matter in which, to his knowledge, he, his spouse, minor child or partner has a financial interest. He must also remove himself from a matter in which a business or nonprofit organization with which he is connected or is seeking employment has a financial interest.

Subsection (b) permits the agency of an officer or employee to grant him an ad hoc exemption from subsection (a) if the outside financial interest in a matter is deemed not substantial enough to have an effect on the integrity of his services. Financial interests of this kind may also be made nondisqualifying by a general regulation published in the FEDERAL REGISTER.

Section 208 is similar in purpose to the former 18 U.S.C. 434 [former § 434 of this title] but prohibits a greater variety of conduct than the “transaction of business with * * * [a] business entity” to which the prohibition of § 434 was limited. In addition, the provision in § 208 including the interests of a spouse and others is new, as is the provision authorizing exemptions for insignificant interests.

New 18 U.S.C. 209 [§ 209 of this title]. Subsection (a) prevents an officer or employee of the executive branch, an independent agency or the District of Columbia from receiving, and anyone from paying him, any salary or supplementation of salary from a private source as compensation for his services to the Government. This provision uses much of the language of the former 18 U.S.C. 1914 [former § 1914 of this title] and does not vary from that statute in substance. The remainder of § 209 is new.

Subsection (b) specifically authorizes an officer or employee covered by subsection (a) to continue his participation in a bona fide pension plan or other employee welfare or benefit plan maintained by a former employer.

Subsection (c) provides that § 209 does not apply to a special Government employee or to anyone serving the Government without compensation, whether or not he is a special Government employee.

Subsection (d) provides that the section does not prohibit the payment or acceptance of contributions, awards or other expenses under the terms of the Government Employees Training Act (72 Stat. 327, 5 U.S.C. 2301 to 2319 [§§ 2301 to 2319 to Title 5] ).

STATUTORY EXEMPTIONS FROM CONFLICT OF INTEREST LAWS

Congress has in the past enacted statutes exempting persons in certain positions--usually advisory in nature--from the provisions of some or all of the former conflict of interest laws. Section 2 of the Act grants corresponding exemptions from the new laws with respect to legislative and judicial positions carrying such past exemptions. However, § 2 excludes positions in the executive branch, an independent agency and the District of Columbia from this grant. As a consequence, all statutory exemptions for persons serving in these sectors of the Government ended on January 21, 1963.

RETIRED OFFICERS OF THE ARMED FORCES

Public Law 87-849 enacted a new 18 U.S.C. 206 [§ 206 of this title] which provides in general that the new §§ 203 and 205, replacing 18 U.S.C. 281 and 283 [former §§ 281 and 283 of this title], do not apply to retired officers of the armed forces and other uniformed services. However, 18 U.S.C. 281 and 283 [former §§ 281 and 283 of this title] contain special restrictions applicable to retired officers of the armed forces which are left in force by the partial repealer of those statutes set forth in § 2 of the Act.

The former 18 U.S.C. 284 [former § 284 of this title], which contained a 2-year disqualification against postemployment activities in connection with claims against the United States, applied by its terms to persons who had served as commissioned officers and whose active service had ceased either by reason of retirement or complete separation. Its replacement, the broader 18 U.S.C. 207 [§ 207 of this title], also applies to persons in those circumstances. Section 207, therefore applies to retired officers of the armed forces and overlaps the continuing provisions of 18 U.S.C. 281 and 283 [§§ 281 and 283 of this title] applicable to such officers although to a different extent than did 18 U.S.C. 284 [§ 284 of this title].

VOIDING TRANSACTIONS IN VIOLATION OF THE CONFLICT OF INTEREST OR BRIBERY LAWS

Public Law 87-849 enacted a new section, 18 U.S.C. 218 [§ 218 of this title], which did not supplant a pre-existing section of the criminal code. However, it was modeled on the last sentence of the former 18 U.S.C. 216 [former § 216 of this title] authorizing the President to declare a Government contract void which was entered into in violation of that section. It will be recalled that § 216 was one of the two statutes repealed without replacement.

The new 18 U.S.C. 218 [§ 218 of this title] grants the President and, under presidential regulations, an agency head the power to void and rescind any transaction or matter in relation to which there has been a “final conviction” for a violation of the conflict of interest or bribery laws. The section also authorizes the Government's recovery, in addition to any penalty prescribed by law or in a contract, of the amount expended or thing transferred on behalf of the Government.

Section 218 specifically provides that the powers it grants are “in addition to any other remedies provided by law.” Accordingly, it would not seem to override the decision in United States v. Mississippi Valley Generating Co., 364 U.S. 520 (1961), a case in which there was no “final conviction.”

BIBLIOGRAPHY

Set forth below are the citations to the legislative history of Public Law 87-849 and a list of recent material which is pertinent to a study of the Act. The listed 1960 report of the Association of the Bar of the City of New York is particularly valuable. For a comprehensive bibliography of earlier material relating to the conflict of interest laws, see 13 Record of the Association of the Bar of the City of New York 323 (May 1958).

LEGISLATIVE HISTORY OF )

1. Hearings of June 1 and 2, 1961 before the Antitrust Subcommittee (Subcommittee No. 5) of the House Judiciary Committee, 87th Cong., 1st sess., ser. 3, on Federal Conflict of Interest Legislation.

2. H.Rept. 748, 87th Cong., 1st sess.

3. 107 Cong.Rec. 14774.

4. Hearing of June 21, 1962 before the Senate Judiciary Committee, 87th Cong., 2d sess., on Conflicts of Interest.

5. S.Rept. 2213, 87th Cong., 2d sess.

6. 108 Cong.Rec. 20805 and 21130 (daily ed., October 3 and 4, 1962).

OTHER MATERIAL

1. President's special message to Congress, April 27, 1961, and attached draft bill, 107 Cong.Rec. 6835.

2. President's Memorandum of February 9, 1962 to the heads of executive departments and agencies entitled Preventing Conflicts of Interest on the Part of Advisers and Consultants to the Government, 27 F.R. 1341.

3. 42 Op.A.G. No. 6, January 31, 1962.

4. Memorandum of December 10, 1956 for the Attorney General from the Office of Legal Counsel re conflict of interest statutes, Hearings before the Antitrust Subcommittee (Subcommittee No. 5) of House Judiciary Committee, 86th Cong., 2d sess., ser. 17, pt. 2, p. 619.

5. Staff report of Antitrust Subcommittee (Subcommittee No. 5) of House Judiciary Committee, 85th Cong., 2d sess., Federal Conflict of Interest Legislation (Comm. Print 1958).

6. Report of the Association of the Bar of the City of New York, Conflict of Interest and Federal Service (Harvard Univ.Press 1960).

FOOTNOTES

[FN1] Section 190 of the Revised Statutes (5 U.S.C. 99), which was repealed by section 3 of Public Law 87-849, applied to a former officer or employee of the Government who had served in a department of the executive branch. It prohibited him, for a period of two years after his employment had ceased, from representing anyone in the prosecution of a claim against the United States which was pending in that or any other executive department during his period of employment. The subject of postemployment activities of former Government officers and employees was also dealt with in another statute which was repealed. 18 U.S.C. 284. Public Law 87-849 covers the subject in a single section enacted as the new 18 U.S.C. 207.

18 U.S.C. 216, which was repealed by section 1(c) of Public Law 87-849, prohibited the payment to or acceptance by a Member of Congress or officer or employee of the Government of any money or thing of value for giving or procuring a Government contract. Since this offense is within the scope of the newly enacted 18 U.S.C. 201 and 18 U.S.C. 203, relating to bribery and conflicts of interest, respectively, section 216 is no longer necessary.

[FN2] See section 2 of Public Law 87-849. 18 U.S.C. 281 and 18 U.S.C. 283 were not completely set aside by section 2 but remain in effect to the extent that they apply to retired officers of the Armed Forces (see “Retired Officers of the Armed Forces,” infra).

[FN3] S.Rept. 2213, 87th Cong., 2d sess., p. 6.

[FN4] The term “official responsibility” is defined by the new 18 U.S.C. 202(b) to mean “the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, approve, disapprove, or otherwise direct Government action.”

[FN5] These two provisions of section 205 refer to an “officer or employee” and not, as do certain of the other provisions of the Act, to an “officer or employee, including a special Government employee.” However, it is plain from the definition in section 202(a) that a special Government employee is embraced within the comprehensive term “officer or employee.” There would seem to be little doubt, therefore, that the instant provisions of section 205 apply to special Government employees even in the absence of an explicit reference to them.

[FN6] The prohibitions of the two subsections apply to persons ending service in these areas whether they leave the Government entirely or move to the legislative or judicial branch. As a practical matter, however, the prohibitions would rarely be significant in the latter situation because officers and employees of the legislative and judicial branches are covered by sections 203 and 205.

[FN7] Neither section 203 nor section 205 prevents a special Government employee, during his period of affiliation with the Government, from representing another person before the Government in a particular matter only because it is within his official responsibility. Therefore the inclusion of a former special Government employee within the 1-year postemployment ban of subsection (b) may subject him to a temporary restraint from which he was free prior to the end of his Government service. However, since special Government employees usually do not have “official responsibility,” as that term is defined in section 202(b), their inclusion within the 1-year ban will not have a widespread effect.

[FN8] Subsection (a), as it first appeared in H.R. 8140, the bill which became Public Law 87-849, made it unlawful for a former officer or employee to act as agent or attorney for, or aid or assist, anyone in a matter in which he had participated. The House Judiciary Committee struck the underlined words, and the bill became law without them. It should be noted also that the repealed provisions of 18 U.S.C. 283 made the distinction between one's acting as agent or attorney for another and his aiding or assisting another.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 202

Effective: July 7, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 202. Definitions

(a) For the purpose of sections 203, 205, 207, 208, and 209 of this title the term “special Government employee” shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28. Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a Member of Congress in the Member's home district or State shall be classified as a special Government employee. Notwithstanding section 29(c) and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d)), a Reserve officer of the Armed Forces, or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is voluntarily serving a period of extended active duty in excess of one hundred and thirty days shall be classified as an officer of the United States within the meaning of section 203 and sections 205 through 209 and 218. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is serving involuntarily shall be classified as a special Government employee. The terms “officer or employee” and “special Government employee” as used in sections 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces.

(b) For the purposes of sections 205 and 207 of this title, the term “official responsibility” means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action.

(c) Except as otherwise provided in such sections, the terms “officer” and “employee” in sections 203, 205, 207 through 209, and 218 of this title shall not include the President, the Vice President, a Member of Congress, or a Federal judge.

(d) The term “Member of Congress” in sections 204 and 207 means--

(1) a United States Senator; and

(2) a Representative in, or a Delegate or Resident Commissioner to, the House of Representatives.

(e) As used in this chapter, the term--

(1) “executive branch” includes each executive agency as defined in title 5, and any other entity or administrative unit in the executive branch;

(2) “judicial branch” means the Supreme Court of the United States; the United States courts of appeals; the United States district courts; the Court of International Trade; the United States bankruptcy courts; any court created pursuant to article I of the United States Constitution, including the Court of Appeals for the Armed Forces, the United States Court of Federal Claims, and the United States Tax Court, but not including a court of a territory or possession of the United States; the Federal Judicial Center; and any other agency, office, or entity in the judicial branch; and

(3) “legislative branch” means--

(A) the Congress; and

(B) the Office of the Architect of the Capitol, the United States Botanic Garden, the Government Accountability Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the United States Capitol Police, and any other agency, entity, office, or commission established in the legislative branch.

CREDIT(S)

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1121; amended Pub.L. 90-578, Title III, § 301(b), Oct. 17, 1968, 82 Stat. 1115; Pub.L. 100-191, § 3(a), Dec. 15, 1987, 101 Stat. 1306; Pub.L. 101-194, Title IV, § 401, Nov. 30, 1989, 103 Stat. 1747; Pub.L. 101-280, § 5(a), May 4, 1990, 104 Stat. 158; Pub.L. 101-650, Title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub.L. 102-572, Title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub.L. 103-337, Div. A, Title IX, § 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832; Pub.L. 108-271, § 8(b), July 7, 2004, 118 Stat. 814.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 203

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 203. Compensation to Members of Congress, officers, and others in matters affecting the Government

(a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly--

(A) at a time when such person is a Member of Congress, Member of Congress Elect, Delegate, Delegate Elect, Resident Commissioner, or Resident Commissioner Elect; or

(B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States,

in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; or

(2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was such a Member, Member Elect, Delegate, Delegate Elect, Commissioner, Commissioner Elect, Federal judge, officer, or employee;

shall be subject to the penalties set forth in section 216 of this title.

(b) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly--

(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another, at a time when such person is an officer or employee of the District of Columbia, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the District of Columbia is a party or has a direct and substantial interest, before any department, agency, court, officer, or commission; or

(2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was an officer or employee of the District of Columbia;

shall be subject to the penalties set forth in section 216 of this title.

(c) A special Government employee shall be subject to subsections (a) and (b) only in relation to a particular matter involving a specific party or parties--

(1) in which such employee has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise; or

(2) which is pending in the department or agency of the Government in which such employee is serving except that paragraph (2) of this subsection shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.

(d) Nothing in this section prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for or otherwise representing his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except--

(1) in those matters in which he has participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or

(2) in those matters that are the subject of his official responsibility,

subject to approval by the Government official responsible for appointment to his position.

(e) Nothing in this section prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register.

(f) Nothing in this section prevents an individual from giving testimony under oath or from making statements required to be made under penalty of perjury.

CREDIT(S)

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1121; amended Pub.L. 91-405, Title II, § 204(d) (2), (3), Sept. 22, 1970, 84 Stat. 853; Pub.L. 99-646, § 47(a), Nov. 10, 1986, 100 Stat. 3604; Pub.L. 101-194, Title IV, § 402, Nov. 30, 1989, 103 Stat. 1748; Pub.L. 101-280, § 5(b), May 4, 1990, 104 Stat. 159.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 204

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 204. Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress

Whoever, being a Member of Congress or Member of Congress Elect, practices in the United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit shall be subject to the penalties set forth in section 216 of this title.

CREDIT(S)

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1122; amended Pub.L. 91-405, Title II, § 204(d) (2), Sept. 22, 1970, 84 Stat. 853; Pub.L. 97-164, Title I, § 147, Apr. 2, 1982, 96 Stat. 45; Pub.L. 101-194, Title IV, § 403, Nov. 30, 1989, 103 Stat. 1749; Pub.L. 102-572, Title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 205

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 205. Activities of officers and employees in claims against and other matters affecting the Government

(a) Whoever, being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, other than in the proper discharge of his official duties--

(1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim, in consideration of assistance in the prosecution of such claim; or

(2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest;

shall be subject to the penalties set forth in section 216 of this title.

(b) Whoever, being an officer or employee of the District of Columbia or an officer or employee of the Office of the United States Attorney for the District of Columbia, otherwise than in the proper discharge of official duties--

(1) acts as agent or attorney for prosecuting any claim against the District of Columbia, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or

(2) acts as agent or attorney for anyone before any department, agency, court, officer, or commission in connection with any covered matter in which the District of Columbia is a party or has a direct and substantial interest;

shall be subject to the penalties set forth in section 216 of this title.

(c) A special Government employee shall be subject to subsections (a) and (b) only in relation to a covered matter involving a specific party or parties--

(1) in which he has at any time participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or

(2) which is pending in the department or agency of the Government in which he is serving.

Paragraph (2) shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.

(d)(1) Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of that officer's or employee's duties, from acting without compensation as agent or attorney for, or otherwise representing--

(A) any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings; or

(B) except as provided in paragraph (2), any cooperative, voluntary, professional, recreational, or similar organization or group not established or operated for profit, if a majority of the organization's or group's members are current officers or employees of the United States or of the District of Columbia, or their spouses or dependent children.

(2) Paragraph (1)(B) does not apply with respect to a covered matter that--

(A) is a claim under subsection (a)(1) or (b)(1);

(B) is a judicial or administrative proceeding where the organization or group is a party; or

(C) involves a grant, contract, or other agreement (including a request for any such grant, contract, or agreement) providing for the disbursement of Federal funds to the organization or group.

(e) Nothing in subsection (a) or (b) prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for, or otherwise representing, his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except--

(1) in those matters in which he has participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or

(2) in those matters which are the subject of his official responsibility,

subject to approval by the Government official responsible for appointment to his position.

(f) Nothing in subsection (a) or (b) prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register.

(g) Nothing in this section prevents an officer or employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt.

(h) For the purpose of this section, the term “covered matter” means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter.

(i) Nothing in this section prevents an employee from acting pursuant to--

(1) chapter 71 of title 5;

(2) section 1004 or chapter 12 of title 39;

(3) section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b);

(4) chapter 10 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4104 et seq.); or

(5) any provision of any other Federal or District of Columbia law that authorizes labor-management relations between an agency or instrumentality of the United States or the District of Columbia and any labor organization that represents its employees.

CREDIT(S)

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1122; amended Pub.L. 101-194, Title IV, § 404, Nov. 30, 1989, 103 Stat. 1750; Pub.L. 101-280, § 5(c), May 4, 1990, 104 Stat. 159; Pub.L. 104-177, § 2, Aug. 6, 1996, 110 Stat. 1563; Pub.L. 107-273, Div. B, Title IV, § 4002(a)(9), Nov. 2, 2002, 116 Stat. 1807.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 206

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 206. Exemption of retired officers of the uniformed services

Sections 203 and 205 of this title shall not apply to a retired officer of the uniformed services of the United States while not on active duty and not otherwise an officer or employee of the United States, or to any person specially excepted by Act of Congress.

CREDIT(S)

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1123.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 207

Effective: March 23, 2010

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 207. Restrictions on former officers, employees, and elected officials of the executive and legislative branches

(a) Restrictions on all officers and employees of the executive branch and certain other agencies.--

(1) Permanent restrictions on representation on particular matters.--Any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including any independent agency of the United States), or of the District of Columbia, and who, after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia) in connection with a particular matter--

(A) in which the United States or the District of Columbia is a party or has a direct and substantial interest,

(B) in which the person participated personally and substantially as such officer or employee, and

shall be punished as provided in section 216 of this title.

(2) Two-year restrictions concerning particular matters under official responsibility.--Any person subject to the restrictions contained in paragraph (1) who, within 2 years after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia), in connection with a particular matter--

(A) in which the United States or the District of Columbia is a party or has a direct and substantial interest,

(B) which such person knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of 1 year before the termination of his or her service or employment with the United States or the District of Columbia, and

shall be punished as provided in section 216 of this title.

(3) Clarification of restrictions.--The restrictions contained in paragraphs (1) and (2) shall apply--

(A) in the case of an officer or employee of the executive branch of the United States (including any independent agency), only with respect to communications to or appearances before any officer or employee of any department, agency, court, or court-martial of the United States on behalf of any other person (except the United States), and only with respect to a matter in which the United States is a party or has a direct and substantial interest; and

(B) in the case of an officer or employee of the District of Columbia, only with respect to communications to or appearances before any officer or employee of any department, agency, or court of the District of Columbia on behalf of any other person (except the District of Columbia), and only with respect to a matter in which the District of Columbia is a party or has a direct and substantial interest.

(b) One-year restrictions on aiding or advising.--

(1) In general.--Any person who is a former officer or employee of the executive branch of the United States (including any independent agency) and is subject to the restrictions contained in subsection (a)(1), or any person who is a former officer or employee of the legislative branch or a former Member of Congress, who personally and substantially participated in any ongoing trade or treaty negotiation on behalf of the United States within the 1-year period preceding the date on which his or her service or employment with the United States terminated, and who had access to information concerning such trade or treaty negotiation which is exempt from disclosure under section 552 of title 5, which is so designated by the appropriate department or agency, and which the person knew or should have known was so designated, shall not, on the basis of that information, knowingly represent, aid, or advise any other person (except the United States) concerning such ongoing trade or treaty negotiation for a period of 1 year after his or her service or employment with the United States terminates. Any person who violates this subsection shall be punished as provided in section 216 of this title.

(2) Definition.--For purposes of this paragraph--

(A) the term “trade negotiation” means negotiations which the President determines to undertake to enter into a trade agreement pursuant to section 1102 of the Omnibus Trade and Competitiveness Act of 1988, and does not include any action taken before that determination is made; and

(B) the term “treaty” means an international agreement made by the President that requires the advice and consent of the Senate.

(1) Restrictions.--In addition to the restrictions set forth in subsections (a) and (b), any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including an independent agency), who is referred to in paragraph (2), and who, within 1 year after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of the department or agency in which such person served within 1 year before such termination, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title.

(2) Persons to whom restrictions apply.--(A) Paragraph (1) shall apply to a person (other than a person subject to the restrictions of subsection (d))--

(i) employed at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5,

(ii) employed in a position which is not referred to in clause (i) and for which that person is paid at a rate of basic pay which is equal to or greater than 86.5 percent of the rate of basic pay for level II of the Executive Schedule, or, for a period of 2 years following the enactment of the National Defense Authorization Act for Fiscal Year 2004, a person who, on the day prior to the enactment of that Act, was employed in a position which is not referred to in clause (i) and for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5304 or section 5304a of title 5, was equal to or greater than the rate of basic pay payable for level 5 of the Senior Executive Service on the day prior to the enactment of that Act,

(iii) appointed by the President to a position under section 105(a)(2)(B) of title 3 or by the Vice President to a position under section 106(a)(1)(B) of title 3,

(iv) employed in a position which is held by an active duty commissioned officer of the uniformed services who is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade O-7 or above; or

(v) assigned from a private sector organization to an agency under chapter 37 of title 5.

(B) Paragraph (1) shall not apply to a special Government employee who serves less than 60 days in the 1-year period before his or her service or employment as such employee terminates.

(C) At the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions contained in paragraph (1) with respect to any position, or category of positions, referred to in clause (ii) or (iv) of subparagraph (A), in such department or agency if the Director determines that--

(i) the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions, and

(ii) granting the waiver would not create the potential for use of undue influence or unfair advantage.

(3) Members of the Independent Payment Advisory Board.--

(A) In general.--Paragraph (1) shall apply to a member of the Independent Payment Advisory Board under section 1899A.

(B) Agencies and Congress.--For purposes of paragraph (1), the agency in which the individual described in subparagraph (A) served shall be considered to be the Independent Medicare Advisory Board, the Department of Health and Human Services, and the relevant committees of jurisdiction of Congress, including the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate.

(d) Restrictions on very senior personnel of the executive branch and independent agencies.--

(1) Restrictions.--In addition to the restrictions set forth in subsections (a) and (b), any person who--

(A) serves in the position of Vice President of the United States,

(B) is employed in a position in the executive branch of the United States (including any independent agency) at a rate of pay payable for level I of the Executive Schedule or employed in a position in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule, or

(C) is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(1)(A) of title 3,

and who, within 2 years after the termination of that person's service in that position, knowingly makes, with the intent to influence, any communication to or appearance before any person described in paragraph (2), on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of the executive branch of the United States, shall be punished as provided in section 216 of this title.

(2) Persons who may not be contacted.--The persons referred to in paragraph (1) with respect to appearances or communications by a person in a position described in subparagraph (A), (B), or (C) of paragraph (1) are--

(A) any officer or employee of any department or agency in which such person served in such position within a period of 1 year before such person's service or employment with the United States Government terminated, and

(B) any person appointed to a position in the executive branch which is listed in section 5312, 5313, 5314, 5315, or 5316 of title 5.

(e) Restrictions on Members of Congress and officers and employees of the legislative branch.--

(1) Members of Congress and elected officers of the house.--

(A) Senators.--Any person who is a Senator and who, within 2 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.

(B) Members and officers of the House of Representatives.--(i) Any person who is a Member of the House of Representatives or an elected officer of the House of Representatives and who, within 1 year after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in clause (ii) or (iii), on behalf of any other person (except the United States) in connection with any matter on which such former Member of Congress or elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.

(ii) The persons referred to in clause (i) with respect to appearances or communications by a former Member of the House of Representatives are any Member, officer, or employee of either House of Congress and any employee of any other legislative office of the Congress.

(iii) The persons referred to in clause (i) with respect to appearances or communications by a former elected officer are any Member, officer, or employee of the House of Representatives.

(2) Officers and staff of the Senate.--Any person who is an elected officer of the Senate, or an employee of the Senate to whom paragraph (7)(A) applies, and who, within 1 year after that person leaves office or employment, knowingly makes, with the intent to influence, any communication to or appearance before any Senator or any officer or employee of the Senate, on behalf of any other person (except the United States) in connection with any matter on which such former elected officer or former employee seeks action by a Senator or an officer or employee of the Senate, in his or her official capacity, shall be punished as provided in section 216 of this title.

(3) Personal staff.--(A) Any person who is an employee of a Member of the House of Representatives to whom paragraph (7)(A) applies and who, within 1 year after the termination of that employment, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.

(B) The persons referred to in subparagraph (A) with respect to appearances or communications by a person who is a former employee are the following:

(i) the Member of the House of Representatives for whom that person was an employee; and

(ii) any employee of that Member of the House of Representatives.

(4) Committee staff.--Any person who is an employee of a committee of the House of Representatives, or an employee of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives, to whom paragraph (7)(A) applies and who, within 1 year after the termination of that person's employment on such committee or joint committee (as the case may be), knowingly makes, with the intent to influence, any communication to or appearance before any person who is a Member or an employee of that committee or joint committee (as the case may be) or who was a Member of the committee or joint committee (as the case may be) in the year immediately prior to the termination of such person's employment by the committee or joint committee (as the case may be), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.

(5) Leadership staff.--(A) Any person who is an employee on the leadership staff of the House of Representatives to whom paragraph (7)(A) applies and who, within 1 year after the termination of that person's employment on such staff, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.

(B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former employee are any Member of the leadership of the House of Representatives and any employee on the leadership staff of the House of Representatives.

(6) Other legislative offices.--(A) Any person who is an employee of any other legislative office of the Congress to whom paragraph (7)(B) applies and who, within 1 year after the termination of that person's employment in such office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by any officer or employee of such office, in his or her official capacity, shall be punished as provided in section 216 of this title.

(B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former employee are the employees and officers of the former legislative office of the Congress of the former employee.

(7) Limitation on restrictions.--(A) The restrictions contained in paragraphs (2), (3), (4), and (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed.

(B) The restrictions contained in paragraph (6) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5, is equal to or greater than the basic rate of pay payable for level IV of the Executive Schedule.

(8) Exception.--This subsection shall not apply to contacts with the staff of the Secretary of the Senate or the Clerk of the House of Representatives regarding compliance with lobbying disclosure requirements under the Lobbying Disclosure Act of 1995.

(9) Definitions.--As used in this subsection--

(A) the term “committee of Congress” includes standing committees, joint committees, and select committees;

(B) a person is an employee of a House of Congress if that person is an employee of the Senate or an employee of the House of Representatives;

(C) the term “employee of the House of Representatives” means an employee of a Member of the House of Representatives, an employee of a committee of the House of Representatives, an employee of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives, and an employee on the leadership staff of the House of Representatives;

(D) the term “employee of the Senate” means an employee of a Senator, an employee of a committee of the Senate, an employee of a joint committee of the Congress whose pay is disbursed by the Secretary of the Senate, and an employee on the leadership staff of the Senate;

(E) a person is an employee of a Member of the House of Representatives if that person is an employee of a Member of the House of Representatives under the clerk hire allowance;

(F) a person is an employee of a Senator if that person is an employee in a position in the office of a Senator;

(G) the term “employee of any other legislative office of the Congress” means an officer or employee of the Architect of the Capitol, the United States Botanic Garden, the Government Accountability Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the United States Capitol Police, and any other agency, entity, or office in the legislative branch not covered by paragraph (1), (2), (3), (4), or (5) of this subsection;

(H) the term “employee on the leadership staff of the House of Representatives” means an employee of the office of a Member of the leadership of the House of Representatives described in subparagraph (L), and any elected minority employee of the House of Representatives;

(I) the term “employee on the leadership staff of the Senate” means an employee of the office of a Member of the leadership of the Senate described in subparagraph (M);

(J) the term “Member of Congress” means a Senator or a Member of the House of Representatives;

(K) the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress;

(L) the term “Member of the leadership of the House of Representatives” means the Speaker, majority leader, minority leader, majority whip, minority whip, chief deputy majority whip, chief deputy minority whip, chairman of the Democratic Steering Committee, chairman and vice chairman of the Democratic Caucus, chairman, vice chairman, and secretary of the Republican Conference, chairman of the Republican Research Committee, and chairman of the Republican Policy Committee, of the House of Representatives (or any similar position created on or after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989);

(M) the term “Member of the leadership of the Senate” means the Vice President, and the President pro tempore, Deputy President pro tempore, majority leader, minority leader, majority whip, minority whip, chairman and secretary of the Conference of the Majority, chairman and secretary of the Conference of the Minority, chairman and co-chairman of the Majority Policy Committee, and chairman of the Minority Policy Committee, of the Senate (or any similar position created on or after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989).

(f) Restrictions relating to foreign entities.--

(1) Restrictions.--Any person who is subject to the restrictions contained in subsection (c), (d), or (e) and who knowingly, within 1 year after leaving the position, office, or employment referred to in such subsection--

(A) represents a foreign entity before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties, or

(B) aids or advises a foreign entity with the intent to influence a decision of any officer or employee of any department or agency of the United States, in carrying out his or her official duties,

shall be punished as provided in section 216 of this title.

(2) Special rule for Trade Representative.--With respect to a person who is the United States Trade Representative or Deputy United States Trade Representative, the restrictions described in paragraph (1) shall apply to representing, aiding, or advising foreign entities at any time after the termination of that person's service as the United States Trade Representative.

(3) Definition.--For purposes of this subsection, the term “foreign entity” means the government of a foreign country as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended, or a foreign political party as defined in section 1(f) of that Act.

(g) Special rules for detailees.--For purposes of this section, a person who is detailed from one department, agency, or other entity to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee of both departments, agencies, or such entities.

(h) Designations of separate statutory agencies and bureaus.--

(1) Designations.--For purposes of subsection (c) and except as provided in paragraph (2), whenever the Director of the Office of Government Ethics determines that an agency or bureau within a department or agency in the executive branch exercises functions which are distinct and separate from the remaining functions of the department or agency and that there exists no potential for use of undue influence or unfair advantage based on past Government service, the Director shall by rule designate such agency or bureau as a separate department or agency. On an annual basis the Director of the Office of Government Ethics shall review the designations and determinations made under this subparagraph and, in consultation with the department or agency concerned, make such additions and deletions as are necessary. Departments and agencies shall cooperate to the fullest extent with the Director of the Office of Government Ethics in the exercise of his or her responsibilities under this paragraph.

(2) Inapplicability of designations.--No agency or bureau within the Executive Office of the President may be designated under paragraph (1) as a separate department or agency. No designation under paragraph (1) shall apply to persons referred to in subsection (c)(2)(A)(i) or (iii).

(i) Definitions.--For purposes of this section--

(1) the term “officer or employee”, when used to describe the person to whom a communication is made or before whom an appearance is made, with the intent to influence, shall include--

(A) in subsections (a), (c), and (d), the President and the Vice President; and

(B) in subsection (f), the President, the Vice President, and Members of Congress;

(2) the term “participated” means an action taken as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other such action; and

(3) the term “particular matter” includes any investigation, application, request for a ruling or determination, rulemaking, contract, controversy, claim, charge, accusation, arrest, or judicial or other proceeding.

(j) Exceptions.--

(1) Official government duties.--

(A) In general.--The restrictions contained in this section shall not apply to acts done in carrying out official duties on behalf of the United States or the District of Columbia or as an elected official of a State or local government.

(B) Tribal organizations and inter-tribal consortiums.--The restrictions contained in this section shall not apply to acts authorized by section 104(j) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450i(j)).

(2) State and local governments and institutions, hospitals, and organizations.--The restrictions contained in subsections (c), (d), and (e) shall not apply to acts done in carrying out official duties as an employee of--

(A) an agency or instrumentality of a State or local government if the appearance, communication, or representation is on behalf of such government, or

(B) an accredited, degree-granting institution of higher education, as defined in section 101 of the Higher Education Act of 1965, or a hospital or medical research organization, exempted and defined under section 501(c)(3) of the Internal Revenue Code of 1986, if the appearance, communication, or representation is on behalf of such institution, hospital, or organization.

(3) International organizations.--The restrictions contained in this section shall not apply to an appearance or communication on behalf of, or advice or aid to, an international organization in which the United States participates, if the Secretary of State certifies in advance that such activity is in the interests of the United States.

(4) Special knowledge.--The restrictions contained in subsections (c), (d), and (e) shall not prevent an individual from making or providing a statement, which is based on the individual's own special knowledge in the particular area that is the subject of the statement, if no compensation is thereby received.

(5) Exception for scientific or technological information.--The restrictions contained in subsections (a), (c), and (d) shall not apply with respect to the making of communications solely for the purpose of furnishing scientific or technological information, if such communications are made under procedures acceptable to the department or agency concerned or if the head of the department or agency concerned with the particular matter, in consultation with the Director of the Office of Government Ethics, makes a certification, published in the Federal Register, that the former officer or employee has outstanding qualifications in a scientific, technological, or other technical discipline, and is acting with respect to a particular matter which requires such qualifications, and that the national interest would be served by the participation of the former officer or employee. For purposes of this paragraph, the term “officer or employee” includes the Vice President.

(6) Exception for testimony.--Nothing in this section shall prevent an individual from giving testimony under oath, or from making statements required to be made under penalty of perjury. Notwithstanding the preceding sentence--

(A) a former officer or employee of the executive branch of the United States (including any independent agency) who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the United States) in that matter; and

(B) a former officer or employee of the District of Columbia who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the District of Columbia) in that matter.

(7) Political parties and campaign committees.--(A) Except as provided in subparagraph (B), the restrictions contained in subsections (c), (d), and (e) shall not apply to a communication or appearance made solely on behalf of a candidate in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party.

(B) Subparagraph (A) shall not apply to--

(i) any communication to, or appearance before, the Federal Election Commission by a former officer or employee of the Federal Election Commission; or

(ii) a communication or appearance made by a person who is subject to the restrictions contained in subsections [FN1] (c), (d), or (e) if, at the time of the communication or appearance, the person is employed by a person or entity other than--

(I) a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party; or

(II) a person or entity who represents, aids, or advises only persons or entities described in subclause (I).

(i) the term “candidate” means any person who seeks nomination for election, or election, to Federal or State office or who has authorized others to explore on his or her behalf the possibility of seeking nomination for election, or election, to Federal or State office;

(ii) the term “authorized committee” means any political committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such candidate, or to explore the possibility of seeking nomination for election, or the election, of such candidate, except that a political committee that receives contributions or makes expenditures to promote more than 1 candidate may not be designated as an authorized committee for purposes of subparagraph (A);

(iii) the term “national committee” means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level;

(iv) the term “national Federal campaign committee” means an organization that, by virtue of the bylaws of a political party, is established primarily for the purpose of providing assistance, at the national level, to candidates nominated by that party for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;

(v) the term “State committee” means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level;

(vi) the term “political party” means an association, committee, or organization that nominates a candidate for election to any Federal or State elected office whose name appears on the election ballot as the candidate of such association, committee, or organization; and

(vii) the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

(k)(1)(A) The President may grant a waiver of a restriction imposed by this section to any officer or employee described in paragraph (2) if the President determines and certifies in writing that it is in the public interest to grant the waiver and that the services of the officer or employee are critically needed for the benefit of the Federal Government. Not more than 25 officers and employees currently employed by the Federal Government at any one time may have been granted waivers under this paragraph.

(B)(i) A waiver granted under this paragraph to any person shall apply only with respect to activities engaged in by that person after that person's Federal Government employment is terminated and only to that person's employment at a Government-owned, contractor operated entity with which the person served as an officer or employee immediately before the person's Federal Government employment began.

(ii) Notwithstanding clause (i), a waiver granted under this paragraph to any person who was an officer or employee of Lawrence Livermore National Laboratory, Los Alamos National Laboratory, or Sandia National Laboratory immediately before the person's Federal Government employment began shall apply to that person's employment by any such national laboratory after the person's employment by the Federal Government is terminated.

(2) Waivers under paragraph (1) may be granted only to civilian officers and employees of the executive branch, other than officers and employees in the Executive Office of the President.

(3) A certification under paragraph (1) shall take effect upon its publication in the Federal Register and shall identify--

(A) the officer or employee covered by the waiver by name and by position, and

(B) the reasons for granting the waiver.

A copy of the certification shall also be provided to the Director of the Office of Government Ethics.

(4) The President may not delegate the authority provided by this subsection.

(5)(A) Each person granted a waiver under this subsection shall prepare reports, in accordance with subparagraph (B), stating whether the person has engaged in activities otherwise prohibited by this section for each six-month period described in subparagraph (B), and if so, what those activities were.

(B) A report under subparagraph (A) shall cover each six-month period beginning on the date of the termination of the person's Federal Government employment (with respect to which the waiver under this subsection was granted) and ending two years after that date. Such report shall be filed with the President and the Director of the Office of Government Ethics not later than 60 days after the end of the six-month period covered by the report. All reports filed with the Director under this paragraph shall be made available for public inspection and copying.

(C) If a person fails to file any report in accordance with subparagraphs (A) and (B), the President shall revoke the waiver and shall notify the person of the revocation. The revocation shall take effect upon the person's receipt of the notification and shall remain in effect until the report is filed.

(D) Any person who is granted a waiver under this subsection shall be ineligible for appointment in the civil service unless all reports required of such person by subparagraphs (A) and (B) have been filed.

(E) As used in this subsection, the term “civil service” has the meaning given that term in section 2101 of title 5.

(l) Contract advice by former details.--Whoever, being an employee of a private sector organization assigned to an agency under chapter 37 of title 5, within one year after the end of that assignment, knowingly represents or aids, counsels, or assists in representing any other person (except the United States) in connection with any contract with that agency shall be punished as provided in section 216 of this title.

CREDIT(S)

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1123; amended Pub.L. 95-521, Title V, § 501(a), Oct. 26, 1978, 92 Stat. 1864; Pub.L. 96-28, §§ 1, 2, June 22, 1979, 93 Stat. 76; Pub.L. 101-189, Div. A, Title VIII, § 814(d)(2), Nov. 29, 1989, 103 Stat. 1499; Pub.L. 101-194, Title I, § 101(a), Nov. 30, 1989, 103 Stat. 1716; Pub.L. 101-280, §§ 2(a), 5(d), May 4, 1990, 104 Stat. 149, 159; Pub.L. 101-509,Title V, § 529 [Title I, § 101 (b)(8)(A)], Nov. 5, 1990, 104 Stat.440; Pub.L. 102-25, Title VII, § 705(a), Apr. 6, 1991, 105 Stat. 120; Pub.L. 102-190, Div. B, Title XXXI, § 3138(a), Dec. 5, 1991, 105 Stat. 1579; Pub.L. 102-395, Title VI, § 609(a), Oct. 6, 1992, 106 Stat. 1873; Pub.L. 103-322, Title XXXIII, §§ 330002(i), 330010(15), Sept. 13, 1994, 108 Stat. 2140, 2144; Pub.L. 104-65, § 21(a), Dec. 19, 1995, 109 Stat. 704; Pub.L. 104-179, §§ 5, 6, Aug. 6, 1996, 110 Stat. 1567, 1568; Pub.L. 104-208, Div. A, Title I, § 101(f) [Title VI, § 635], Sept. 30, 1996, 110 Stat. 3009-363; Pub.L. 105-244, Title I, § 102(a)(5), Oct. 7, 1998, 112 Stat. 1618; Pub.L. 107-347, Title II, § 209(d)(1), (3), Dec. 17, 2002, 116 Stat. 2930; Pub.L. 108-136, Div. A, Title XI, § 1125(b)(1), Nov. 24, 2003, 117 Stat. 1639; Pub.L. 108-271, § 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 110-81, Title I, §§ 101, 104(a), Sept. 14, 2007, 121 Stat. 736, 740; Pub.L. 111-148, Title III, § 3403(a)(2), Title X, § 10320(b), Mar. 23, 2010, 124 Stat. 506, 952.)

[FN1] So in original. Probably should be “subsection”.

2003 Acts.. Except as otherwise provided, amendments by section 1125 of Pub.L. 108-136 shall take effect on the first day of the first pay period beginning on or after the first January 1 following the date of enactment of said section [Nov. 24, 2003], see Pub.L. 108-136, Div. A, Title XI, § 1125(c), Nov. 24, 2003, 117 Stat. 1640, set out as a note under 5 U.S.C.A. § 5304.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 208

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 208. Acts affecting a personal financial interest

(a) Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, a Federal Reserve bank director, officer, or employee, or an officer or employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest--

Shall be subject to the penalties set forth in section 216 of this title.

(b) Subsection (a) shall not apply--

(1) if the officer or employee first advises the Government official responsible for appointment to his or her position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee;

(2) if, by regulation issued by the Director of the Office of Government Ethics, applicable to all or a portion of all officers and employees covered by this section, and published in the Federal Register, the financial interest has been exempted from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services of the Government officers or employees to which such regulation applies;

(3) in the case of a special Government employee serving on an advisory committee within the meaning of the Federal Advisory Committee Act (including an individual being considered for an appointment to such a position), the official responsible for the employee's appointment, after review of the financial disclosure report filed by the individual pursuant to the Ethics in Government Act of 1978, certifies in writing that the need for the individual's services outweighs the potential for a conflict of interest created by the financial interest involved; or

(4) if the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee, or his or her spouse or minor child, in birthrights--

(A) in an Indian tribe, band, nation, or other organized group or community, including any Alaska Native village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians,

(B) in an Indian allotment the title to which is held in trust by the United States or which is inalienable by the allottee without the consent of the United States, or

if the particular matter does not involve the Indian allotment or claims fund or the Indian tribe, band, nation, organized group or community, or Alaska Native village corporation as a specific party or parties.

(c)(1) For the purpose of paragraph (1) of subsection (b), in the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be deemed to be the Government official responsible for appointment.

(2) The potential availability of an exemption under any particular paragraph of subsection (b) does not preclude an exemption being granted pursuant to another paragraph of subsection (b).

(d)(1) Upon request, a copy of any determination granting an exemption under subsection (b)(1) or (b)(3) shall be made available to the public by the agency granting the exemption pursuant to the procedures set forth in section 105 of the Ethics in Government Act of 1978. In making such determination available, the agency may withhold from disclosure any information contained in the determination that would be exempt from disclosure under section 552 of title 5. For purposes of determinations under subsection (b)(3), the information describing each financial interest shall be no more extensive than that required of the individual in his or her financial disclosure report under the Ethics in Government Act of 1978.

(2) The Office of Government Ethics, after consultation with the Attorney General, shall issue uniform regulations for the issuance of waivers and exemptions under subsection (b) which shall--

(A) list and describe exemptions; and

(B) provide guidance with respect to the types of interests that are not so substantial as to be deemed likely to affect the integrity of the services the Government may expect from the employee.

CREDIT(S)

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1124; amended Pub.L. 95-188, Title II, § 205, Nov. 16, 1977, 91 Stat. 1388; Pub.L. 101-194, Title IV, § 405, Nov. 30, 1989, 103 Stat. 1751; Pub.L. 101-280, § 5(e), May 4, 1990, 104 Stat. 159; Pub.L. 103-322, Title XXXIII, §§ 330002(b), 330008(6), Sept. 13, 1994, 108 Stat. 2140, 2143.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 209

Effective: October 28, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 209. Salary of Government officials and employees payable only by United States

(a) Whoever receives any salary, or any contribution to or supplementation of salary, as compensation for his services as an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality; or

Whoever, whether an individual, partnership, association, corporation, or other organization pays, makes any contribution to, or in any way supplements, the salary of any such officer or employee under circumstances which would make its receipt a violation of this subsection--

Shall be subject to the penalties set forth in section 216 of this title.

(b) Nothing herein prevents an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, or of the District of Columbia, from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer.

(c) This section does not apply to a special Government employee or to an officer or employee of the Government serving without compensation, whether or not he is a special Government employee, or to any person paying, contributing to, or supplementing his salary as such.

(d) This section does not prohibit payment or acceptance of contributions, awards, or other expenses under the terms of chapter 41 of title 5.

(e) This section does not prohibit the payment of actual relocation expenses incident to participation, or the acceptance of same by a participant in an executive exchange or fellowship program in an executive agency: Provided, That such program has been established by statute or Executive order of the President, offers appointments not to exceed three hundred and sixty-five days, and permits no extensions in excess of ninety additional days or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days.

(f) This section does not prohibit acceptance or receipt, by any officer or employee injured during the commission of an offense described in section 351 or 1751 of this title, of contributions or payments from an organization which is described in section 501(c) (3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code.

(g)(1) This section does not prohibit an employee of a private sector organization, while assigned to an agency under chapter 37 of title 5, from continuing to receive pay and benefits from such organization in accordance with such chapter.

(2) For purposes of this subsection, the term “agency” means an agency (as defined by section 3701 of title 5) and the Office of the Chief Technology Officer of the District of Columbia.

(h) This section does not prohibit a member of the reserve components of the armed forces on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10 from receiving from any person that employed such member before the call or order to active duty any payment of any part of the salary or wages that such person would have paid the member if the member's employment had not been interrupted by such call or order to active duty.

CREDIT(S)

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1125; amended Pub.L. 96-174, Dec. 29, 1979, 93 Stat. 1288; Pub.L. 97-171, § 1, Apr. 13, 1982, 96 Stat. 67; Pub.L. 99-646, § 70, Nov. 10, 1986, 100 Stat. 3617; Pub.L. 101-194, Title IV, § 406, Nov. 30, 1989, 103 Stat. 1753; Pub.L. 101-647, Nov. 29, 1990, Title XXXV, § 3510, 104 Stat. 4922; Pub.L. 103-322, Title XXXIII, § 330008(7), Sept. 13, 1994, 108 Stat. 2143; Pub.L. 107-273, Div. A, Title III, § 302(3), Nov. 2, 2002, 116 Stat. 1781; Pub.L. 107-347, Title II, § 209(g)(2), Dec. 17, 2002, 116 Stat. 2932; Pub.L. 108-375, Div. A, Title VI, § 663, Oct. 28, 2004, 118 Stat. 1974.)

2002 Acts. Except as otherwise provided by section 402(a)(2) of Pub.L. 107-347, amendments made by Pub.L. 107-347, Titles I and II, §§ 101 to 216, effective 120 days after December 17, 2002, see section 402(a) of Pub.L. 107-347, set out as a note under 44 U.S.C.A. § 3601.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 210

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 210. Offer to procure appointive public office

Whoever pays or offers or promises any money or thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 694, § 210, formerly § 214, renumbered Oct. 23, 1962, Pub.L. 87-849, § 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 211

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 211. Acceptance or solicitation to obtain appointive public office

Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be fined under this title or imprisoned not more than one year, or both.

Whoever solicits or receives any thing of value in consideration of aiding a person to obtain employment under the United States either by referring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has secured such employment shall be fined under this title, or imprisoned not more than one year, or both. This section shall not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the United States.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 694, § 211, formerly § 215, amended Sept. 13, 1951, c. 380, 65 Stat. 320, and renumbered Oct. 23, 1962, Pub.L. 87-849, § 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 212

Effective: July 21, 2011

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 212. Offer of loan or gratuity to financial institution examiner

(a) In general.--Except as provided in subsection (b), whoever, being an officer, director, or employee of a financial institution, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has authority to examine such bank, branch, agency, organization, corporation, association, or institution--

(1) shall be fined under this title, imprisoned not more than 1 year, or both; and

(2) may be fined a further sum equal to the money so loaned or gratuity given.

(b) Regulations.--A Federal financial institution regulatory agency may prescribe regulations establishing additional limitations on the application for and receipt of credit under this section and on the application and receipt of residential mortgage loans under this section, after consulting with each other Federal financial institution regulatory agency.

(1) Examiner.--The term “examiner” means any person--

(A) appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a financial institution; or

(B) elected under the law of any State to conduct examinations of any financial institutions.

(2) Federal financial institution regulatory agency.--The term “Federal financial institution regulatory agency” means--

(A) the Office of the Comptroller of the Currency;

(B) the Board of Governors of the Federal Reserve System;

(D) the Federal Housing Finance Agency;

(E) the Farm Credit Administration;

(F) the Farm Credit System Insurance Corporation; and

(G) the Small Business Administration.

(3) Financial institution.--The term “financial institution” does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company.

(4) Loan.--The term “loan” does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner, if--

(A) the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan;

(B) the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers cardholders [FN1] in comparable circumstances under open end consumer credit plans or for residential real property loans; and

CREDIT(S)

(Pub.L. 108-198, § 2(a), Dec. 19, 2003, 117 Stat. 2899; Pub.L. 110-289, Div. A, Title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub.L. 111-203, Title III, § 377(1), July 21, 2010, 124 Stat. 1569.)

[FN1] So in original.

2010 Acts. Except as otherwise provided in Pub.L. 111-203, § 364(a), amendments by subtitle E of Title III of Pub.L. 111-203 shall take effect on the transfer date [the date that is 1 year after July 21, 2010, unless extended by the Secretary, see 12 U.S.C.A. § 5411], see Pub.L. 111-203, § 351, set out as a note under 2 U.S.C.A. § 906.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 213

Effective: December 19, 2003

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 213. Acceptance of loan or gratuity by financial institution examiner

(a) In general.--Whoever, being an examiner or assistant examiner, accepts a loan or gratuity from any bank, branch, agency, organization, corporation, association, or institution examined by the examiner or from any person connected with it, shall--

(1) be fined under this title, imprisoned not more than 1 year, or both;

(2) may be fined a further sum equal to the money so loaned or gratuity given; and

(3) shall be disqualified from holding office as an examiner.

(b) Definitions.--In this section, the terms “examiner”, “Federal financial institution regulatory agency”, “financial institution”, and “loan” have the same meanings as in section 212.

CREDIT(S)

(Pub.L. 108-198, § 2(a), Dec. 19, 2003, 117 Stat. 2899.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 214

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 214. Offer for procurement of Federal Reserve bank loan and discount of commercial paper

Whoever stipulates for or gives or receives, or consents or agrees to give or receive, any fee, commission, bonus, or thing of value for procuring or endeavoring to procure from any Federal Reserve bank any advance, loan, or extension of credit or discount or purchase of any obligation or commitment with respect thereto, either directly from such Federal Reserve bank or indirectly through any financing institution, unless such fee, commission, bonus, or thing of value and all material facts with respect to the arrangement or understanding therefor shall be disclosed in writing in the application or request for such advance, loan, extension of credit, discount, purchase, or commitment, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 695, § 214, formerly § 219, renumbered Oct. 23, 1962, Pub.L. 87-849, § 1(d), 76 Stat. 1125; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 215

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 215. Receipt of commissions or gifts for procuring loans

(a) Whoever--

(1) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution; or

(2) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution;

shall be fined not more than $1,000,000 or three times the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted, whichever is greater, or imprisoned not more than 30 years, or both, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed $1,000, shall be fined under this title or imprisoned not more than one year, or both.

[(b) Transferred § 20]

(c) This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.

(d) Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 695, § 215, formerly § 220, amended Sept. 21, 1950, c. 967, § 4, 64 Stat. 894, and renumbered Oct. 23, 1962, Pub.L. 87-849, § 1(d), 76 Stat. 1125; Oct. 12, 1984, Pub.L. 98-473, Title II, § 1107(a), 98 Stat. 2145; Aug. 4, 1986, Pub.L. 99-370, § 2, 100 Stat. 779; Aug. 9, 1989, Pub.L. 101-73, Title IX, §§ 961(a), 962(e)(1), 103 Stat. 499, 503; Nov. 29, 1990, Pub.L. 101-647, Title XXV, § 2504(a), 104 Stat. 4861; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 216

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 216. Penalties and injunctions

(a) The punishment for an offense under section 203, 204, 205, 207, 208, or 209 of this title is the following:

(1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year or fined in the amount set forth in this title, or both.

(2) Whoever willfully engages in the conduct constituting the offense shall be imprisoned for not more than five years or fined in the amount set forth in this title, or both.

(b) The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.

(c) If the Attorney General has reason to believe that a person is engaging in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.

CREDIT(S)

(Added Pub.L. 101-194, Title IV, § 407(a), Nov. 30, 1989, 103 Stat. 1753; amended Pub.L. 101-280, § 5(f), May 4, 1990, 104 Stat. 159.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 217

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 217. Acceptance of consideration for adjustment of farm indebtedness

Whoever, being an officer or employee of, or person acting for the United States or any agency thereof, accepts any fee, commission, gift, or other consideration in connection with the compromise, adjustment, or cancellation of any farm indebtedness as provided by sections 1150, 1150a, and 1150b of Title 12, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 696, § 217, formerly § 222, renumbered Oct. 23, 1962, Pub.L. 87-849, § 1(d), 76 Stat. 1125; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 218

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 218. Voiding transactions in violation of chapter; recovery by the United States

In addition to any other remedies provided by law the President or, under regulations prescribed by him, the head of any department or agency involved, may declare void and rescind any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority, privilege, benefit, certificate, ruling, decision, opinion, or rate schedule awarded, granted, paid, furnished, or published, or the performance of any service or transfer or delivery of any thing to, by or for any agency of the United States or officer or employee of the United States or person acting on behalf thereof, in relation to which there has been a final conviction for any violation of this chapter, and the United States shall be entitled to recover in addition to any penalty prescribed by law or in a contract the amount expended or the thing transferred or delivered on its behalf, or the reasonable value thereof.

CREDIT(S)

(Added Pub.L. 87-849, § 1(e), Oct. 23, 1962, 76 Stat. 1125.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 219

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 219. Officers and employees acting as agents of foreign principals

(a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938 or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act shall be fined under this title or imprisoned for not more than two years, or both.

(b) Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended.

(c) For the purpose of this section “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government.

CREDIT(S)

(Added Pub.L. 89-486, § 8(b), July 4, 1966, 80 Stat. 249; amended Pub.L. 98-473, Title II, § 1116, Oct. 12, 1984, 98 Stat. 2149; Pub.L. 99-646, § 30, Nov. 10, 1986, 100 Stat. 3598; Pub.L. 101-647, Title XXXV, § 3511, Nov. 29, 1990, 104 Stat. 4922; Pub.L. 104-65, § 12(b), Dec. 19, 1995, 109 Stat. 701.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 220

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

[§§ 220 to 222. Redesignated]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 222

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

[§§ 220 to 222. Redesignated]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 223

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

[§ 223. Repealed. Pub.L. 87-849, § 1(c), Oct. 23, 1962, 76 Stat. 1125]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 224

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 224. Bribery in sporting contests

(a) Whoever carries into effect, attempts to carry into effect, or conspires with any other person to carry into effect any scheme in commerce to influence, in any way, by bribery any sporting contest, with knowledge that the purpose of such scheme is to influence by bribery that contest, shall be fined under this title, or imprisoned not more than 5 years, or both.

(b) This section shall not be construed as indicating an intent on the part of Congress to occupy the field in which this section operates to the exclusion of a law of any State, territory, Commonwealth, or possession of the United States, and no law of any State, territory, Commonwealth, or possession of the United States, which would be valid in the absence of the section shall be declared invalid, and no local authorities shall be deprived of any jurisdiction over any offense over which they would have jurisdiction in the absence of this section.

(1) The term “scheme in commerce” means any scheme effectuated in whole or in part through the use in interstate or foreign commerce of any facility for transportation or communication;

(2) The term “sporting contest” means any contest in any sport, between individual contestants or teams of contestants (without regard to the amateur or professional status of the contestants therein), the occurrence of which is publicly announced before its occurrence;

(3) The term “person” means any individual and any partnership, corporation, association, or other entity.

CREDIT(S)

(Added Pub.L. 88-316, § 1(a), June 6, 1964, 78 Stat. 203; amended Pub.L. 103-322, Title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 225

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 225. Continuing financial crimes enterprise

(a) Whoever--

(1) organizes, manages, or supervises a continuing financial crimes enterprise; and

(2) receives $5,000,000 or more in gross receipts from such enterprise during any 24-month period,

shall be fined not more than $10,000,000 if an individual, or $20,000,000 if an organization, and imprisoned for a term of not less than 10 years and which may be life.

(b) For purposes of subsection (a), the term “continuing financial crimes enterprise” means a series of violations under section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of this title, or section 1341 or 1343 affecting a financial institution, committed by at least 4 persons acting in concert.

CREDIT(S)

(Added Pub.L. 101-647, Nov. 29, 1990, Title XXV, § 2510(a), 104 Stat. 4863.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 226

Effective: March 9, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 226. Bribery affecting port security

(a) In general.--Whoever knowingly--

(1) directly or indirectly, corruptly gives, offers, or promises anything of value to any public or private person, with intent to commit international terrorism or domestic terrorism (as those terms are defined under section 2331), to--

(A) influence any action or any person to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud affecting any secure or restricted area or seaport; or

(B) induce any official or person to do or omit to do any act in violation of the lawful duty of such official or person that affects any secure or restricted area or seaport; or

(2) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for--

(A) being influenced in the performance of any official act affecting any secure or restricted area or seaport; and

(B) knowing that such influence will be used to commit, or plan to commit, international or domestic terrorism,

shall be fined under this title or imprisoned not more than 15 years, or both.

(b) Definition.--In this section, the term “secure or restricted area” means an area of a vessel or facility designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section.

CREDIT(S)

(Added Pub.L. 109-177, Title III, § 309(a), Mar. 9, 2006, 120 Stat. 241.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 227

Effective: April 4, 2012

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11. Bribery, Graft, and Conflicts of Interest (Refs & Annos)

§ 227. Wrongfully influencing a private entity's employment decisions by a Member of Congress or an officer or employee of the legislative or executive branch

(a) Whoever, being a covered government person, with the intent to influence, solely on the basis of partisan political affiliation, an employment decision or employment practice of any private entity--

(1) takes or withholds, or offers or threatens to take or withhold, an official act, or

(2) influences, or offers or threatens to influence, the official act of another,

shall be fined under this title or imprisoned for not more than 15 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.

(b) In this section, the term “covered government person” means--

(1) a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress;

(2) an employee of either House of Congress; or

(3) the President, Vice President, an employee of the United States Postal Service or the Postal Regulatory Commission, or any other executive branch employee (as such term is defined under section 2105 of title 5, United States Code).

CREDIT(S)

(Added Pub.L. 110-81, Title I, § 102(a), Sept. 14, 2007, 121 Stat. 739; amended Pub.L. 112-105, § 18(a), Apr. 4, 2012, 126 Stat. 304.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 228

Effective: June 24, 1998

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11A. Child Support

§ 228. Failure to pay legal child support obligations

(a) Offense.--Any person who--

(1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;

(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or

(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c).

(b) Presumption.--The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.

(1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and

(2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both.

(d) Mandatory restitution.--Upon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.

(e) Venue.--With respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for--

(1) the district in which the child who is the subject of the support obligation involved resided during a period during which a person described in subsection (a) (referred to in this subsection as an “obliger”) failed to meet that support obligation;

(2) the district in which the obliger resided during a period described in paragraph (1); or

(3) any other district with jurisdiction otherwise provided for by law.

(f) Definitions.--As used in this section--

(1) the term “Indian tribe” has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a);

(2) the term “State” includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and

(3) the term “support obligation” means any amount determined under a court order or an order of an administrative process pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a child or of a child and the parent with whom the child is living.

CREDIT(S)

(Added Pub.L. 102-521, § 2(a), Oct. 25, 1992, 106 Stat. 340; amended Pub.L. 104-294, Title VI, § 607(l), Oct. 11, 1996, 110 Stat. 3512; Pub.L. 105-187, § 2, June 24, 1998, 112 Stat. 618.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 229

Effective: October 21, 1998

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11B. Chemical Weapons

§ 229. Prohibited activities

(a) Unlawful conduct.--Except as provided in subsection (b), it shall be unlawful for any person knowingly--

(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or

(2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).

(b) Exempted agencies and persons.--

(1) In general.--Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.

(2) Exempted persons.--A person referred to in paragraph (1) is--

(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or

(B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon.

(c) Jurisdiction.--Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct--

(1) takes place in the United States;

(2) takes place outside of the United States and is committed by a national of the United States;

(3) is committed against a national of the United States while the national is outside the United States; or

(4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.

CREDIT(S)

(Added Pub.L. 105-277, Div. I, Title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681-866.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 229A

Effective: October 21, 1998

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11B. Chemical Weapons

§ 229A. Penalties

(a) Criminal penalties.--

(1) In general.--Any person who violates section 229 of this title shall be fined under this title, or imprisoned for any term of years, or both.

(2) Death penalty.--Any person who violates section 229 of this title and by whose action the death of another person is the result shall be punished by death or imprisoned for life.

(b) Civil penalties.--

(1) In general.--The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 229 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation.

(2) Relation to other proceedings.--The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.

(c) Reimbursement of costs.--The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses.

CREDIT(S)

(Added Pub.L. 105-277, Div. I, Title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681-867.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 229B

Effective: October 21, 1998

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11B. Chemical Weapons

§ 229B. Criminal forfeitures; destruction of weapons

(a) Property subject to criminal forfeiture.--Any person convicted under section 229A(a) shall forfeit to the United States irrespective of any provision of State law--

(1) any property, real or personal, owned, possessed, or used by a person involved in the offense;

(2) any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and

(3) any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation.

The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 229A(a), that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by section 229A(a), a defendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds

(b) Procedures.--

(1) General.--Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except that any reference under those subsections to--

(A) “this subchapter or subchapter II” shall be deemed to be a reference to section 229A(a); and

(B) “subsection (a)” shall be deemed to be a reference to subsection (a) of this section.

(2) Temporary restraining orders.--

(A) In general.--For the purposes of forfeiture proceedings under this section, a temporary restraining order may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the life or health of any person in danger.

(B) Warrant of seizure.--If the court enters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property.

(C) Applicable procedures.--The procedures and time limits applicable to temporary restraining orders under section 413(e) (2) and (3) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e) (2) and (3)) shall apply to temporary restraining orders under this paragraph.

(1) is for a purpose not prohibited under the Chemical Weapons Convention; and

(2) is of a type and quantity that under the circumstances is consistent with that purpose.

(d) Destruction or other disposition.--The Attorney General shall provide for the destruction or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this section.

(e) Assistance.--The Attorney General may request the head of any agency of the United States to assist in the handling, storage, transportation, or destruction of property seized under this section.

(f) Owner liability.--The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposition of the seized property.

CREDIT(S)

(Added Pub.L. 105-277, Div. I, Title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681-868.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 229C

Effective: October 21, 1998

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11B. Chemical Weapons

§ 229C. Individual self-defense devices

Nothing in this chapter shall be construed to prohibit any individual self-defense device, including those using a pepper spray or chemical mace.

CREDIT(S)

(Added Pub.L. 105-277, Div. I, Title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681-869.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 229D

Effective: October 21, 1998

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11B. Chemical Weapons

§ 229D. Injunctions

The United States may obtain in a civil action an injunction against--

(1) the conduct prohibited under section 229 or 229C of this title; or

(2) the preparation or solicitation to engage in conduct prohibited under section 229 or 229D[FN1] of this title.

CREDIT(S)

(Added Pub.L. 105-277, Div. I, Title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681-869.)

[FN1] So in original.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 229E

Effective: October 21, 1998

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11B. Chemical Weapons

§ 229E. Requests for military assistance to enforce prohibition in certain emergencies

The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 229 of this title in an emergency situation involving a chemical weapon. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.

CREDIT(S)

(Added Pub.L. 105-277, Div. I, Title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681-869.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 229F

Effective: October 6, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 11B. Chemical Weapons

§ 229F. Definitions

In this chapter:

(1) Chemical weapon.--The term “chemical weapon” means the following, together or separately:

(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose.

(B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.

(C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).

(2) Chemical weapons convention; convention.--The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.

(3) Key component of a binary or multicomponent chemical system.--The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

(4) National of the United States.--The term “national of the United States” has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(5) Person.--The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.

(6) Precursor.--

(A) In general.--The term “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.

(B) List of precursors.--Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.

(7) Purposes not prohibited by this chapter.--The term “purposes not prohibited by this chapter” means the following:

(A) Peaceful purposes.--Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.

(B) Protective purposes.--Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.

(C) Unrelated military purposes.--Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.

(D) Law enforcement purposes.--Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.

(8) Toxic chemical.--

(A) In general.--The term “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

(B) List of toxic chemicals.--Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.

(9) United States.--The term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including--

(A) any of the places within the provisions of paragraph (41) of section 40102 of Title 49, United States Code;

(B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37), respectively, of section 40102 of title 49, United States Code; and

CREDIT(S)

(Added Pub.L. 105-277, Div. I, Title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681-869; amended Pub.L. 109-304, § 17(d)(1), Oct. 6, 2006, 120 Stat. 1707.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 231

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 12. Civil Disorders

§ 231. Civil disorders

(a)(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or

(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or

(3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function--

Shall be fined under this title or imprisoned not more than five years, or both.

(b) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties.

CREDIT(S)

(Added Pub.L. 90-284, Title X, § 1002(a), Apr. 11, 1968, 82 Stat. 90; amended Pub.L. 103-322, Title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 232

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 12. Civil Disorders

§ 232. Definitions

For purposes of this chapter:

(1) The term “civil disorder” means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.

(2) The term “commerce” means commerce (A) between any State or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia.

(3) The term “federally protected function” means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails.

(4) The term “firearm” means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.

(5) The term “explosive or incendiary device” means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone.

(6) The term “fireman” means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia.

(7) The term “law enforcement officer” means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include members of the National Guard (as defined in section 101 of title 10), members of the organized militia of any State, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia not included within the National Guard (as defined in section 101 of title 10), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder.

(8) The term “State” includes a State of the United States, and any commonwealth, territory, or possession of the United States.

CREDIT(S)

(Added Pub.L. 90-284, Title X, § 1002(a), Apr. 11, 1968, 82 Stat. 91; amended Pub.L. 101-647, Title XII, § 1205(a), Nov. 29, 1990, 104 Stat. 4830; Pub.L. 102-484, Div. A, Title X, § 1051(b)(1), Oct. 23, 1992, 106 Stat. 2498.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 233

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 12. Civil Disorders

§ 233. Preemption

Nothing contained in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any provisions of the chapter operate to the exclusion of State or local laws on the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of State law unless such provision is inconsistent with any of the purposes of this chapter or any provision thereof.

CREDIT(S)

(Added Pub.L. 90-284, Title X, § 1002(a), Apr. 11, 1968, 82 Stat. 91.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 13, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 13. Civil Rights

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 241

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 13. Civil Rights (Refs & Annos)

§ 241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured--

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 696; Apr. 11, 1968, Pub.L. 90-284, Title I, § 103(a), 82 Stat. 75; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7018(a), (b)(1), 102 Stat. 4396; Sept. 13, 1994, Pub.L. 103-322, Title VI, § 60006(a), Title XXXII, §§ 320103(a), 320201(a), Title XXXIII, § 330016(1)(L), 108 Stat. 1970, 2109, 2113, 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, §§ 604(b)(14)(A), 607(a), 110 Stat. 3507, 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 242

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 13. Civil Rights (Refs & Annos)

§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 696; Apr. 11, 1968, Pub.L. 90-284, Title I, § 103(b), 82 Stat. 75; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7019, 102 Stat. 4396; Sept. 13, 1994, Pub.L. 103-322, Title VI, § 60006(b), Title XXXII, §§ 320103(b), 320201(b), Title XXXIII, § 330016(1)(H), 108 Stat. 1970, 2109, 2113, 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, §§ 604(b)(14)(B), 607(a), 110 Stat. 3507, 3511.)

1996 Acts. Amendment by section 604 of Pub.L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub.L. 104-294, set out as a note under section 13 of this title.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 243

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 13. Civil Rights (Refs & Annos)

§ 243. Exclusion of jurors on account of race or color

No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State on account of race, color, or previous condition of servitude; and whoever, being an officer or other person charged with any duty in the selection or summoning of jurors, excludes or fails to summon any citizen for such cause, shall be fined not more than $5,000.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 696.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 244

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 13. Civil Rights (Refs & Annos)

§ 244. Discrimination against person wearing uniform of armed forces

Whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be fined under this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 697; May 24, 1949, c. 139, § 5, 63 Stat. 90; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 245

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 13. Civil Rights (Refs & Annos)

§ 245. Federally protected activities

(a)(1) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated.

(2) Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

(b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with--

(1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from--

(A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;

(B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

(D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States;

(E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or

(2) any person because of his race, color, religion or national origin and because he is or has been--

(A) enrolling in or attending any public school or public college;

(B) participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;

(C) applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency;

(D) serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror,

(E) traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air;

(F) enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and (i) which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments, and (ii) which holds itself out as serving patrons of such establishments; or

(3) during or incident to a riot or civil disorder, any person engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce; or

(4) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from--

(A) participating, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F); or

(B) affording another person or class of persons opportunity or protection to so participate; or

(5) any citizen because he is or has been, or in order to intimidate such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate--

shall be fined under this title, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. As used in this section, the term “participating lawfully in speech or peaceful assembly” shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsection shall apply to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establishment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as his residence.

(c) Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State. For purposes of the preceding sentence, the term “law enforcement officer” means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State.

(d) For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

CREDIT(S)

(Added Pub.L. 90-284, Title I, § 101(a), Apr. 11, 1968, 82 Stat. 73; amended Pub.L. 100-690, Title VII, § 7020(a), Nov. 18, 1988, 102 Stat. 4396; Pub.L. 101-647, Title XII, § 1205(b), Nov. 29, 1990, 104 Stat. 4830; Pub.L. 103-322, Title VI, § 60006(c), Title XXXII, § 320103(c), Title XXXIII, § 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 1971, 2109, 2147; Pub.L. 104-294, Title VI, § 604(b)(14)(C), (37), Oct. 11, 1996, 110 Stat. 3507, 3509.)

1996 Acts. Amendment by section 604 of Pub.L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub.L. 104-294, set out as a note under section 13 of this title.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 246

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 13. Civil Rights (Refs & Annos)

§ 246. Deprivation of relief benefits

Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined under this title, or imprisoned not more than one year, or both.

CREDIT(S)

(Added Pub.L. 94-453, § 4(a), Oct. 2, 1976, 90 Stat. 1517; amended Pub.L. 103-322, Title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 247

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 13. Civil Rights (Refs & Annos)

§ 247. Damage to religious property; obstruction of persons in the free exercise of religious beliefs

(a) Whoever, in any of the circumstances referred to in subsection (b) of this section--

(1) intentionally defaces, damages, or destroys any religious real property, because of the religious character of that property, or attempts to do so; or

(2) intentionally obstructs, by force or threat of force, any person in the enjoyment of that person's free exercise of religious beliefs, or attempts to do so;

shall be punished as provided in subsection (d).

(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce.

(c) Whoever intentionally defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, or attempts to do so, shall be punished as provided in subsection (d).

(d) The punishment for a violation of subsection (a) of this section shall be--

(1) if death results from acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, a fine in accordance with this title and imprisonment for any term of years or for life, or both, or may be sentenced to death;

(2) if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, a fine under this title or imprisonment for not more that 40 years, or both;

(3) if bodily injury to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, a fine in accordance with this title and imprisonment for not more than 20 years, or both; and

(4) in any other case, a fine in accordance with this title and imprisonment for not more than one year, or both.

(e) No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice.

(f) As used in this section, the term “religious real property” means any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship.

(g) No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.

CREDIT(S)

(Added Pub.L. 100-346, § 1, June 24, 1988, 102 Stat. 644; amended Pub.L. 103-322, Title VI, § 60006(d), Title XXXII, § 320103(d), Sept. 13, 1994, 108 Stat. 1971, 2110; Pub.L. 104-155, § 3, July 3, 1996, 110 Stat. 1392; Pub.L. 104-294, Title VI, §§ 601(c)(3), 605(r), Oct. 11, 1996, 110 Stat. 3499, 3511; Pub.L. 107-273, Div. B, Title IV, § 4002(c)(1), (e)(4), Nov. 2, 2002, 116 Stat. 1808, 1810.)

2002 Acts. Amendments by section 4002(c)(1) and (e)(4) of Pub.L. 107-273, as therein provided, effective Oct. 11, 1996, which is the date of enactment of Pub.L. 104-294, to which such amendments relate.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 248

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 13. Civil Rights (Refs & Annos)

§ 248. Freedom of access to clinic entrances

(a) Prohibited activities.--Whoever--

(1) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services;

(2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or

(3) intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or intentionally damages or destroys the property of a place of religious worship,

shall be subject to the penalties provided in subsection (b) and the civil remedies provided in subsection (c), except that a parent or legal guardian of a minor shall not be subject to any penalties or civil remedies under this section for such activities insofar as they are directed exclusively at that minor.

(b) Penalties.--Whoever violates this section shall--

(1) in the case of a first offense, be fined in accordance with this title, or imprisoned not more than one year, or both; and

(2) in the case of a second or subsequent offense after a prior conviction under this section, be fined in accordance with this title, or imprisoned not more than 3 years, or both;

except that for an offense involving exclusively a nonviolent physical obstruction, the fine shall be not more than $10,000 and the length of imprisonment shall be not more than six months, or both, for the first offense; and the fine shall, notwithstanding section 3571, be not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; and except that if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life.

(1) Right of action.--

(A) In general.--Any person aggrieved by reason of the conduct prohibited by subsection (a) may commence a civil action for the relief set forth in subparagraph (B), except that such an action may be brought under subsection (a)(1) only by a person involved in providing or seeking to provide, or obtaining or seeking to obtain, services in a facility that provides reproductive health services, and such an action may be brought under subsection (a)(2) only by a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship or by the entity that owns or operates such place of religious worship.

(B) Relief.--In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation.

(2) Action by Attorney General of the United States.--

(A) In general.--If the Attorney General of the United States has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, the Attorney General may commence a civil action in any appropriate United States District Court.

(B) Relief.--In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, and compensatory damages to persons aggrieved as described in paragraph (1)(B). The court, to vindicate the public interest, may also assess a civil penalty against each respondent--

(i) in an amount not exceeding $10,000 for a nonviolent physical obstruction and $15,000 for other first violations; and

(ii) in an amount not exceeding $15,000 for a nonviolent physical obstruction and $25,000 for any other subsequent violation.

(3) Actions by State Attorneys General.--

(A) In general.--If the Attorney General of a State has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, such Attorney General may commence a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any appropriate United States District Court.

(B) Relief.--In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages, and civil penalties as described in paragraph (2)(B).

(d) Rules of construction.--Nothing in this section shall be construed--

(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;

(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, occurring outside a facility, regardless of the point of view expressed, or to limit any existing legal remedies for such interference;

(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this section, or to preempt State or local laws that may provide such penalties or remedies; or

(4) to interfere with the enforcement of State or local laws regulating the performance of abortions or other reproductive health services.

(e) Definitions.--As used in this section:

(1) Facility.--The term “facility” includes a hospital, clinic, physician's office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located.

(2) Interfere with.--The term “interfere with” means to restrict a person's freedom of movement.

(3) Intimidate.--The term “intimidate” means to place a person in reasonable apprehension of bodily harm to him- or herself or to another.

(4) Physical obstruction.--The term “physical obstruction” means rendering impassable ingress to or egress from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous.

(5) Reproductive health services.--The term “reproductive health services” means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counselling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.

(6) State.--The term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

CREDIT(S)

(Added Pub.L. 103-259, § 3, May 26, 1994, 108 Stat. 694; amended Pub.L. 103-322, Title XXXIII, § 330023(a)(2), (3), Sept. 13, 1994, 108 Stat. 2150.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 249

Effective: October 28, 2009

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 13. Civil Rights (Refs & Annos)

§ 249. Hate crime acts

(a) In general.--

(1) Offenses involving actual or perceived race, color, religion, or national origin.--Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--

(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--

(i) death results from the offense; or

(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.--

(A) In general.--Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person--

(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--

(I) death results from the offense; or

(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(B) Circumstances described.--For purposes of subparagraph (A), the circumstances described in this subparagraph are that--

(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim--

(I) across a State line or national border; or

(II) using a channel, facility, or instrumentality of interstate or foreign commerce;

(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);

(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or

(iv) the conduct described in subparagraph (A)--

(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

(II) otherwise affects interstate or foreign commerce.

(3) Offenses occurring in the special maritime or territorial jurisdiction of the United States.--Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as prescribed in those paragraphs.

(4) Guidelines.--All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys' Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person.

(b) Certification requirement.--

(1) In general.--No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that--

(A) the State does not have jurisdiction;

(B) the State has requested that the Federal Government assume jurisdiction;

(C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or

(D) a prosecution by the United States is in the public interest and necessary to secure substantial justice.

(2) Rule of construction.--Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

(1) the term “bodily injury” has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;

(2) the term “explosive or incendiary device” has the meaning given such term in section 232 of this title;

(3) the term “firearm” has the meaning given such term in section 921(a) of this title;

(4) the term “gender identity” means actual or perceived gender-related characteristics; and

(5) the term “State” includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

(d) Statute of limitations.--

(1) Offenses not resulting in death.--Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed.

(2) Death resulting offenses.--An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.

CREDIT(S)

(As added and amended Pub.L. 111-84, Div. E, §§ 4707(a), 4711, Oct. 28, 2009, 123 Stat. 2838, 2842.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 281

Effective: February 10, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

[§ 281. Repealed. Pub.L. 104-106, Div. D, Title XLIII, § 4304(b)(3), Feb. 10, 1996, 110 Stat. 664; Pub.L. 104-294, Title VI, § 602(d), Oct. 11, 1996, 110 Stat. 3503]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 282

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

[§ 282. Repealed. Pub.L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 283

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

[§ 283. Repealed. Pub.L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126; Pub.L. 100-180, Div. A, Title VIII, § 822(a), Dec. 4, 1987, 101 Stat. 1132]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 284

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

[§ 284. Repealed. Pub.L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 285

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

§ 285. Taking or using papers relating to claims

Whoever, without authority, takes and carries away from the place where it was filed, deposited, or kept by authority of the United States, any certificate, affidavit, deposition, statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper prepared, fitted, or intended to be used or presented to procure the payment of money from or by the United States or any officer, employee, or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof has or has not already been allowed or paid; or

Whoever presents, uses, or attempts to use any such document, record, file, or paper so taken and carried away, to procure the payment of any money from or by the United States, or any officer, employee, or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States--

Shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 698; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 286

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

§ 286. Conspiracy to defraud the Government with respect to claims

Whoever enters into any agreement, combination, or conspiracy to defraud the United States, or any department or agency thereof, by obtaining or aiding to obtain the payment or allowance of any false, fictitious or fraudulent claim, shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 698; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 287

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

§ 287. False, fictitious or fraudulent claims

Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 698; Oct. 27, 1986, Pub.L. 99-562, § 7, 100 Stat. 3169.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 288

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

§ 288. False claims for postal losses

Whoever makes, alleges, or presents any claim or application for indemnity for the loss of any registered or insured letter, parcel, package, or other article or matter, or the contents thereof, knowing such claim or application to be false, fictitious, or fraudulent; or

Whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or application, makes or uses any false statement, certificate, affidavit, or deposition; or

Whoever knowingly and willfully misrepresents, or misstates, or, for the purpose aforesaid, knowingly and willfully conceals any material fact or circumstance in respect of any such claim or application for indemnity--

Shall be fined under this title or imprisoned not more than one year, or both.

Where the amount of such claim or application for indemnity is less than $1,000 only a fine shall be imposed.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 699; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 289

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

§ 289. False claims for pensions

Whoever knowingly and willfully makes, or presents any false, fictitious or fraudulent affidavit, declaration, certificate, voucher, endorsement, or paper or writing purporting to be such, concerning any claim for pension or payment thereof, or pertaining to any other matter within the jurisdiction of the Secretary of Veterans Affairs, or knowingly or willfully makes or presents any paper required as a voucher in drawing a pension, which paper bears a date subsequent to that upon which it was actually signed or acknowledged by the pensioner; or

Whoever knowingly and falsely certifies that the declarant, affiant, or witness named in such declaration, affidavit, voucher, endorsement, or other paper or writing personally appeared before him and was sworn thereto, or acknowledged the execution thereof--

Shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 699; June 13, 1991, Pub.L. 102-54, § 13(f)(1), 105 Stat. 275; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 290

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

§ 290. Discharge papers withheld by claim agent

Whoever, being a claim agent, attorney, or other person engaged in the collection of claims for pay, pension, or other allowances for any soldier, sailor, or marine, or for any commissioned officer of the military or naval forces, or for any person who may have been a soldier, sailor, marine, or officer of the regular or volunteer forces of the United States, or for his dependents or beneficiaries, retains, without the consent of the owner or owners thereof, or refuses to deliver or account for the same upon demand duly made by the owner or owners thereof, or by their agent or attorney, the discharge papers of any such soldier, sailor, or marine, or commissioned officer, which may have been placed in his hands for the purpose of collecting said claims, shall be fined under this title or imprisoned not more than six months, or both; and shall be debarred from prosecuting any such claim in any department or agency of the United States.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 699; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 291

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

§ 291. Purchase of claims for fees by court officials

Whoever, being a judge, clerk, or deputy clerk of any court of the United States or a Territory or Possession thereof, or a United States district attorney, assistant attorney, marshal, deputy marshal, magistrate judge, or other person holding any office or employment, or position of trust or profit under the United States, directly or indirectly purchases at less than the full face value thereof, any claim against the United States for the fee, mileage, or expenses of any witness, juror, deputy marshal, or any other officer of such court, shall be fined under this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 699; Dec. 1, 1990, Pub.L. 101-650, Title III, § 321, 104 Stat. 5117; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 292

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

§ 292. Solicitation of employment and receipt of unapproved fees concerning Federal employees' compensation

Whoever solicits employment for himself or another in respect to a case, claim, or award for compensation under, or to be brought under, subchapter I of chapter 81 of title 5; or

Whoever receives a fee, other consideration, or gratuity on account of legal or other services furnished in respect to a case, claim, or award for compensation under subchapter I of chapter 81 of title 5, unless the fee, consideration, or gratuity is approved by the Secretary of Labor--

Shall, for each offense, be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(Added Pub.L. 89-554, § 3(b), Sept. 6, 1966, 80 Stat. 608; amended Pub.L. 103-322, Title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 293

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 15. Claims and Services in Matters Affecting Government

[§ 293. Repealed. Pub.L. 101-123, § 3(a), Oct. 23, 1989, 103 Stat. 760]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 331

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17. Coins and Currency

§ 331. Mutilation, diminution, and falsification of coins

Whoever fraudulently alters, defaces, mutilates, impairs, diminishes, falsifies, scales, or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States; or

Whoever fraudulently possesses, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States, any such coin, knowing the same to be altered, defaced, mutilated, impaired, diminished, falsified, scaled, or lightened--

Shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 700; July 16, 1951, c. 226, § 1, 65 Stat. 121; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(I), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 332

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17. Coins and Currency

§ 332. Debasement of coins; alteration of official scales, or embezzlement of metals

If any of the gold or silver coins struck or coined at any of the mints of the United States shall be debased, or made worse as to the proportion of fine gold or fine silver therein contained, or shall be of less weight or value than the same ought to be, pursuant to law, or if any of the scales or weights used at any of the mints or assay offices of the United States shall be defaced, altered, increased, or diminished through the fault or connivance of any officer or person employed at the said mints or assay offices, with a fraudulent intent; or if any such officer or person shall embezzle any of the metals at any time committed to his charge for the purpose of being coined, or any of the coins struck or coined at the said mints, or any medals, coins, or other moneys of said mints or assay offices at any time committed to his charge, or of which he may have assumed the charge, every such officer or person who commits any of the said offenses shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 700; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 333

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17. Coins and Currency

§ 333. Mutilation of national bank obligations

Whoever mutilates, cuts, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, or Federal Reserve bank, or the Federal Reserve System, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be fined under this title or imprisoned not more than six months, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 700; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(B), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 334

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17. Coins and Currency

§ 334. Issuance of Federal Reserve or national bank notes

Whoever, being a Federal Reserve Agent, or an agent or employee of such Federal Reserve Agent, or of the Board of Governors of the Federal Reserve System, issues or puts in circulation any Federal Reserve notes, without complying with or in violation of the provisions of law regulating the issuance and circulation of such Federal Reserve notes; or

Whoever, being an officer acting under the provisions of chapter 2 of Title 12, countersigns or delivers to any national banking association, or to any other company or person, any circulating notes contemplated by that chapter except in strict accordance with its provisions--

Shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 700; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 335

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17. Coins and Currency

§ 335. Circulation of obligations of expired corporations

Whoever, being a director, officer, or agent of a corporation created by Act of Congress, the charter of which has expired, or trustee thereof, or an agent of such trustee, or a person having in his possession or under his control the property of such corporation for the purpose of paying or redeeming its notes and obligations, knowingly issues, reissues, or utters as money, or in any other way knowingly puts in circulation any bill, note, check, draft, or other security purporting to have been made by any such corporation, or by any officer thereof, or purporting to have been made under authority derived therefrom, shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 700; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 336

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17. Coins and Currency

§ 336. Issuance of circulating obligations of less than $1

Whoever makes, issues, circulates, or pays out any note, check, memorandum, token, or other obligation for a less sum than $1, intended to circulate as money or to be received or used in lieu of lawful money of the United States, shall be fined under this title or imprisoned not more than six months, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 701; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 337

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17. Coins and Currency

§ 337. Coins as security for loans

Whoever lends or borrows money or credit upon the security of such coins of the United States as the Secretary of the Treasury may from time to time designate by proclamation published in the Federal Register, during any period designated in such a proclamation, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(Added Pub.L. 89-81, Title II, § 212(a), July 23, 1965, 79 Stat. 257; amended Pub.L. 103-322, Title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 341

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17A. Common Carrier Operation Under the Influence of Alcohol or Drugs

§ 341. Definitions

As used in this chapter, the term “common carrier” means a locomotive, a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier.

CREDIT(S)

(Added Pub.L. 99-570, Title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207-59; amended Pub.L. 100-690, Title VI, § 6482(a), Nov. 18, 1988, 102 Stat. 4382.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 342

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17A. Common Carrier Operation Under the Influence of Alcohol or Drugs

§ 342. Operation of a common carrier under the influence of alcohol or drugs

Whoever operates or directs the operation of a common carrier while under the influence of alcohol or any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), shall be imprisoned not more than fifteen years or fined under this title, or both.

CREDIT(S)

(Added Pub.L. 99-570, Title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207-59; amended Pub.L. 100-690, Title VI, §§ 6473(a), (b), 6482(b), Nov. 18, 1988, 102 Stat. 4379, 4382.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 343

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 17A. Common Carrier Operation Under the Influence of Alcohol or Drugs

§ 343. Presumptions

For purposes of this chapter--

(1) an individual with a blood alcohol content of .10 percent or more shall be presumed to be under the influence of alcohol; and

(2) an individual shall be presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual.

CREDIT(S)

(Added Pub.L. 99-570, Title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207-59; amended Pub.L. 100-690, Title VI, § 6473(c), Nov. 18, 1988, 102 Stat. 4379.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 351

Effective: January 3, 2012

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 18. Congressional, Cabinet, and Supreme Court Assassination, Kidnapping, and Assault

§ 351. Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties

(a) Whoever kills any individual who is a Member of Congress or a Member-of-Congress-elect, a member of the executive branch of the Government who is the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Principal Deputy Director of National Intelligence, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of the Central Intelligence Agency, a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title), or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination, shall be punished as provided by sections 1111 and 1112 of this title.

(b) Whoever kidnaps any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual.

(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life.

(d) If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual.

(e) Whoever assaults any person designated in subsection (a) of this section shall be fined under this title, or imprisoned not more than one year, or both; and if the assault involved the use of a dangerous weapon, or personal injury results, shall be fined under this title, or imprisoned not more than ten years, or both.

(f) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated.

(g) Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

(h) In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an individual protected by this section.

(i) There is extraterritorial jurisdiction over the conduct prohibited by this section.

CREDIT(S)

(Added Pub.L. 91-644, Title IV, § 15, Jan. 2, 1971, 84 Stat. 1891; amended Pub.L. 97-285, §§ 1, 2(a), Oct. 6, 1982, 96 Stat. 1219; Pub.L. 99-646, § 62, Nov. 10, 1986, 100 Stat. 3614; Pub.L. 100-690, Title VII, § 7074, Nov. 18, 1988, 102 Stat. 4405; Pub.L. 103-322, Title XXXII, § 320101(d), Title XXXIII, §§ 330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150; Pub.L. 104-294, Title VI, § 604(b)(12)(C), (c)(2), Oct. 11, 1996, 110 Stat. 3507, 3509; Pub.L. 112-87, Title V, § 506, Jan. 3, 2012, 125 Stat. 1897.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 19, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 19. Conspiracy

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 371

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 19. Conspiracy (Refs & Annos)

§ 371. Conspiracy to commit offense or to defraud United States

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 701; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 372

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 19. Conspiracy (Refs & Annos)

§ 372. Conspiracy to impede or injure officer

If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 701; Nov. 2, 2002, Pub.L. 107-273, Div. B, Title IV, § 4002(d)(1)(D), 116 Stat. 1809.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 373

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 19. Conspiracy (Refs & Annos)

§ 373. Solicitation to commit a crime of violence

(a) Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years.

(b) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not “voluntary and complete” if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence.

(c) It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because he lacked the state of mind required for its commission, because he was incompetent or irresponsible, or because he is immune from prosecution or is not subject to prosecution.

CREDIT(S)

(Added Pub.L. 98-473, Title II, § 1003(a), Oct. 12, 1984, 98 Stat. 2138; amended Pub.L. 99-646, § 26, Nov. 10, 1986, 100 Stat. 3597; Pub.L. 103-322, Title XXXIII, § 330016(2)(A), Sept. 13, 1994, 108 Stat. 2148.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 21, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 21. Contempts

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 401

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 21. Contempts (Refs & Annos)

§ 401. Power of court

A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as--

(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;

(2) Misbehavior of any of its officers in their official transactions;

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 701; Nov. 2, 2002, Pub.L. 107-273, Div. B, Title III, § 3002(a)(1), 116 Stat. 1805.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 402

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 21. Contempts (Refs & Annos)

§ 402. Contempts constituting crimes

Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by a fine under this title or imprisonment, or both.

Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months.

This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law.

For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 701; May 24, 1949, c. 139, § 8(c), 63 Stat. 90; Pub.L. 101-647, Title XII, § 1205(c), Nov. 29, 1990, 104 Stat. 4830; Pub.L. 103-322, Title XXXIII, §§ 330011(f), 330016(2)(E), Sept. 13, 1994, 108 Stat. 2145, 2148.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 403

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 21. Contempts (Refs & Annos)

§ 403. Protection of the privacy of child victims and child witnesses

A knowing or intentional violation of the privacy protection accorded by section 3509 of this title is a criminal contempt punishable by not more than one year's imprisonment, or a fine under this title, or both.

CREDIT(S)

(Added Pub.L. 101-647, Title II, § 225(b)(1), Nov. 29, 1990, 104 Stat. 4805.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 431

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

§ 431. Contracts by Member of Congress

Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertakes, executes, holds, or enjoys, in whole or in part, any contract or agreement, made or entered into in behalf of the United States or any agency thereof, by any officer or person authorized to make contracts on its behalf, shall be fined under this title.

All contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced by the United States or any agency thereof, in consideration of any such contract or agreement, it shall forthwith be repaid; and in case of failure or refusal to repay the same when demanded by the proper officer of the department or agency under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties for the recovery of the money so advanced.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 702; Oct. 31, 1951, c. 655, § 19, 65 Stat. 717; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(J), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 432

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

§ 432. Officer or employee contracting with Member of Congress

Whoever, being an officer or employee of the United States, on behalf of the United States or any agency thereof, directly or indirectly makes or enters into any contract, bargain, or agreement, with any Member of or Delegate to Congress, or any Resident Commissioner, either before or after he has qualified, shall be fined under this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 702; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(J), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 433

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

§ 433. Exemptions with respect to certain contracts

Sections 431 and 432 of this title shall not extend to any contract or agreement made or entered into, or accepted by any incorporated company for the general benefit of such corporation; nor to the purchase or sale of bills of exchange or other property where the same are ready for delivery and payment therefor is made at the time of making or entering into the contract or agreement. Nor shall the provisions of such sections apply to advances, loans, discounts, purchase or repurchase agreements, extensions, or renewals thereof, or acceptances, releases or substitutions of security therefor or other contracts or agreements made or entered into under the Reconstruction Finance Corporation Act, the Agricultural Adjustment Act, the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Farm Credit Act of 1933, or the Home Owners Loan Act of 1933, the Farmers' Home Administration Act of 1946, the Bankhead-Jones Farm Tenant Act, or to crop insurance agreements or contracts or agreements of a kind which the Secretary of Agriculture may enter into with farmers.

Any exemption permitted by this section shall be made a matter of public record.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 703; Oct. 4, 1961, Pub.L. 87-353, § 3(o), 75 Stat. 774.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 434

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

[§ 434. Repealed. Pub.L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 435

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

§ 435. Contracts in excess of specific appropriation

Whoever, being an officer or employee of the United States, knowingly contracts for the erection, repair, or furnishing of any public building, or for any public improvement, to pay a larger amount than the specific sum appropriated for such purpose, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 703; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 436

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

§ 436. Convict labor contracts

Whoever, being an officer, employee, or agent of the United States or any department or agency thereof, contracts with any person or corporation, or permits any warden, agent, or official of any penal or correctional institution, to hire out the labor of any prisoners confined for violation of any laws of the United States, shall be fined under this title or imprisoned not more than three years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 703; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 437

Effective: August 6, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

[§ 437. Repealed. Pub.L. 104-178, § 1(a), Aug. 6, 1996, 110 Stat. 1565]

Section 1(c) of Pub.L. 104-178 provided that: “The repeal made by subsection (a) [repealing this section] shall--

“(1) take effect on the date of enactment of this Act [Aug. 6, 1996]; and

“(2) apply with respect to any contract obtained, and any purchase or sale occurring, on or after the date of enactment of this Act [Aug. 6, 1996].”

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 438

Effective: December 27, 2000

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

[§§ 438, 439. Repealed. Pub.L. 106-568, Title VIII, § 812(c)(2), Dec. 27, 2000, 114 Stat. 2917]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 439

Effective: December 27, 2000

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

[§§ 438, 439. Repealed. Pub.L. 106-568, Title VIII, § 812(c)(2), Dec. 27, 2000, 114 Stat. 2917]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 440

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

§ 440. Mail contracts

Whoever, being a person employed in the Postal Service, becomes interested in any contract for carrying the mail, or acts as agent, with or without compensation, for any contractor or person offering to become a contractor in any business before the Postal Service, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 704; Aug. 12, 1970, Pub.L. 91-375, § 6(j) (3), 84 Stat. 777; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 441

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

§ 441. Postal supply contracts

No contract for furnishing supplies to the Postal Service shall be made with any person who has entered, or proposed to enter, into any combination to prevent the making of any bid for furnishing such supplies, or to fix a price or prices therefor, or who has made any agreement, or given or performed, or promised to give or perform, any consideration whatever to induce any other person not to bid for any such contract, or to bid at a specified price or prices thereon.

Whoever violates this section shall be fined under this title or imprisoned not more than one year, or both; and if the offender is a contractor for furnishing such supplies his contract may be annulled.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 704; Aug. 12, 1970, Pub.L. 91-375, § 6(j) (4), 84 Stat. 777; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 442

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

§ 442. Printing contracts

Neither the Public Printer, superintendent of printing, superintendent of binding, nor any of their assistants shall, during their continuance in office, have any interest, direct or indirect, in the publication of any newspaper or periodical, or in any printing, binding, engraving, or lithographing of any kind, or in any contract for furnishing paper or other material connected with the public printing, binding, lithographing, or engraving.

Whoever violates this section shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 704; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 443

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 23. Contracts

§ 443. War contracts

Whoever willfully secretes, mutilates, obliterates, or destroys--

(a) any records of a war contractor relating to the negotiation, award, performance, payment, interim financing, cancellation or other termination, or settlement of a war contract of $25,000 or more; or

(b) any records of a war contractor or purchaser relating to any disposition of termination inventory in which the consideration received by any war contractor or any government agency is $5,000 or more,

before the lapse of (1) five years after such disposition of termination inventory by such war contractor or government agency, or (2) five years after the final settlement of such war contract, whichever applicable period is longer, shall be fined under this title or imprisoned not more than five years, or both.

The Administrator of General Services, by regulation, may authorize the destruction of such records upon such terms and conditions as he deems appropriate, including the requirement for the making and retaining of photographs or microphotographs, which shall have the same force and effect as the originals thereof.

The definitions of terms in section 103 of Title 41 shall apply to similar terms used in this section.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 705; Oct. 31, 1951, c. 655, § 20(a), 65 Stat. 717; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, §§ 330004(17), 330016(2)(F), 108 Stat. 2142, 2148.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 25, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 25. Counterfeiting and Forgery

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 470

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 470. Counterfeit acts committed outside the United States

A person who, outside the United States, engages in the act of--

(1) making, dealing, or possessing any counterfeit obligation or other security of the United States; or

(2) making, dealing, or possessing any plate, stone, analog, digital, or electronic image, or other thing, or any part thereof, used to counterfeit such obligation or security,

if such act would constitute a violation of section 471, 473, or 474 if committed within the United States, shall be punished as is provided for the like offense within the United States.

CREDIT(S)

(Added Pub.L. 103-322, Title XII, § 120003(a), Sept. 13, 1994, 108 Stat. 2021; amended Pub.L. 107-56, Title III, § 374(a), Oct. 26, 2001, 115 Stat. 340.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 471

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 471. Obligations or securities of United States

Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 705; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 374(b), 115 Stat. 340.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 472

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 472. Uttering counterfeit obligations or securities

Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 705; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 374(c), 115 Stat. 340.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 473

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 473. Dealing in counterfeit obligations or securities

Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 705; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 374(d), 115 Stat. 340.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 474

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 474. Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or securities

(a) Whoever, having control, custody, or possession of any plate, stone, or other thing, or any part thereof, from which has been printed, or which may be prepared by direction of the Secretary of the Treasury for the purpose of printing, any obligation or other security of the United States, uses such plate, stone, or other thing, or any part thereof, or knowingly suffers the same to be used for the purpose of printing any such or similar obligation or other security, or any part thereof, except as may be printed for the use of the United States by order of the proper officer thereof; or

Whoever makes or executes any plate, stone, or other thing in the likeness of any plate designated for the printing of such obligation or other security; or

Whoever sells any such plate, stone, or other thing, or brings into the United States any such plate, stone, or other thing, except under the direction of the Secretary of the Treasury or other proper officer, or with any other intent, in either case, than that such plate, stone, or other thing be used for the printing of the obligations or other securities of the United States; or

Whoever has in his control, custody, or possession any plate, stone, or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other security has been printed, with intent to use such plate, stone, or other thing, or to suffer the same to be used in forging or counterfeiting any such obligation or other security, or any part thereof; or

Whoever has in his possession or custody, except under authority from the Secretary of the Treasury or other proper officer, any obligation or other security made or executed, in whole or in part, after the similitude of any obligation or other security issued under the authority of the United States, with intent to sell or otherwise use the same; or

Whoever prints, photographs, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or sells any such engraving, photograph, print, or impression, except to the United States, or brings into the United States, any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States--

Is guilty of a class B felony.

(b) For purposes of this section, the term “analog, digital, or electronic image” includes any analog, digital, or electronic method used for the making, execution, acquisition, scanning, capturing, recording, retrieval, transmission, or reproduction of any obligation or security, unless such use is authorized by the Secretary of the Treasury. The Secretary shall establish a system (pursuant to section 504) to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses, hobbyists, press and others shall not be unduly restricted.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 706; Oct. 28, 1992, Pub.L. 102-550, Title XV, § 1552, 106 Stat. 4070; Sept. 30, 1996, Pub.L. 104-208, Div. A, Title I, § 101(f) [Title VI, § 648(a)], Title II, § 2603(a), 110 Stat. 3009-367, 3009-470; Oct. 26, 2001, Pub.L. 107-56, Title III, § 374(e)(1) to (3), 115 Stat. 340.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 474A

Effective: September 30, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 474A. Deterrents to counterfeiting of obligations and securities

(a) Whoever has in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury, is guilty of a class B felony.

(b) Whoever has in his control or possession, after a distinctive counterfeit deterrent has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States by publication in the Federal Register, any essentially identical feature or device adapted to the making of any such obligation or security, except under the authority of the Secretary of the Treasury, is guilty of a class B felony.

(1) the term “distinctive paper” includes any distinctive medium of which currency is made, whether of wood pulp, rag, plastic substrate, or other natural or artificial fibers or materials; and

(2) the term “distinctive counterfeit deterrent” includes any ink, watermark, seal, security thread, optically variable device, or other feature or device;

(A) in which the United States has an exclusive property interest; or

(B) which is not otherwise in commercial use or in the public domain and which the Secretary designates as being necessary in preventing the counterfeiting of obligations or other securities of the United States.

CREDIT(S)

(Added Pub.L. 102-550, Title XV, § 1553(a), Oct. 28, 1992, 106 Stat. 4070; amended Pub.L. 104-208, Div. A, Title I, § 101(f) [Title VI, § 648(a)], Title II, § 2603(a), Sept. 30, 1996, 110 Stat. 3009-367, 3009-470.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 475

Effective: January 5, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 475. Imitating obligations or securities; advertisements

Whoever designs, engraves, prints, makes, or executes, or utters, issues, distributes, circulates, or uses any business or professional card, notice, placard, circular, handbill, or advertisement in the likeness or similitude of any obligation or security of the United States issued under or authorized by any Act of Congress or writes, prints, or otherwise impresses upon or attaches to any such instrument, obligation, or security, or any coin of the United States, any business or professional card, notice, or advertisement, or any notice or advertisement whatever, shall be fined under this title. Nothing in this section applies to evidence of postage payment approved by the United States Postal Service.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 706; July 16, 1951, c. 226, § 2, 65 Stat. 122; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147; Jan. 5, 2006, Pub.L. 109-162, Title XI, § 1192, 119 Stat. 3129.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 476

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 476. Taking impressions of tools used for obligations or securities

Whoever, without authority from the United States, takes, procures, or makes an impression, stamp, analog, digital, or electronic image, or imprint of, from or by the use of any tool, implement, instrument, or thing used or fitted or intended to be used in printing, stamping, or impressing, or in making other tools, implements, instruments, or things to be used or fitted or intended to be used in printing, stamping, or impressing any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 25 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 707; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 374(f), 115 Stat. 341.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 477

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 477. Possessing or selling impressions of tools used for obligations or securities

Whoever, with intent to defraud, possesses, keeps, safeguards, or controls, without authority from the United States, any imprint, stamp, analog, digital, or electronic image, or impression, taken or made upon any substance or material whatsoever, of any tool, implement, instrument or thing, used, fitted or intended to be used, for any of the purposes mentioned in section 476 of this title; or

Whoever, with intent to defraud, sells, gives, or delivers any such imprint, stamp, analog, digital, or electronic image, or impression to any other person--

Shall be fined under this title or imprisoned not more than 25 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 707; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 374(g), 115 Stat. 341.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 478

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 478. Foreign obligations or securities

Whoever, within the United States, with intent to defraud, falsely makes, alters, forges, or counterfeits any bond, certificate, obligation, or other security of any foreign government, purporting to be or in imitation of any such security issued under the authority of such foreign government, or any treasury note, bill, or promise to pay, lawfully issued by such foreign government and intended to circulate as money, shall be fined under this title or imprisoned not more than 20 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 707; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 375(a), 115 Stat. 341.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 479

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 479. Uttering counterfeit foreign obligations or securities

Whoever, within the United States, knowingly and with intent to defraud, utters, passes, or puts off, in payment or negotiation, any false, forged, or counterfeited bond, certificate, obligation, security, treasury note, bill, or promise to pay, mentioned in section 478 of this title, whether or not the same was made, altered, forged, or counterfeited within the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 707; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(J), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 375(b), 115 Stat. 341.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 480

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 480. Possessing counterfeit foreign obligations or securities

Whoever, within the United States, knowingly and with intent to defraud, possesses or delivers any false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation of any foreign country, shall be fined under this title or imprisoned not more than 20 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 707; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 375(c), 115 Stat. 341.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 481

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 481. Plates, stones, or analog, digital, or electronic images for counterfeiting foreign obligations or securities

Whoever, within the United States except by lawful authority, controls, holds, or possesses any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any counterfeit note, bond, obligation, or other security, in whole or in part, of any foreign government, bank, or corporation, or uses such plate, stone, or other thing, or knowingly permits or suffers the same to be used in counterfeiting such foreign obligations, or any part thereof; or

Whoever, except by lawful authority, makes or engraves any plate, stone, or other thing in the likeness or similitude of any plate, stone, or other thing designated for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation; or

Whoever, with intent to defraud, makes, executes, acquires, scans, captures, records, receives, transmits, reproduces, sells, or has in such person's control, custody, or possession, an analog, digital, or electronic image of any bond, certificate, obligation, or other security of any foreign government, or of any treasury note, bill, or promise to pay, lawfully issued by such foreign government and intended to circulate as money; or

Whoever, except by lawful authority, prints, photographs, or makes, executes, or sells any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign government, bank, or corporation; or

Whoever brings into the United States any counterfeit plate, stone, or other thing, engraving, photograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign government, bank, or corporation--

Shall be fined under this title or imprisoned not more than 25 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 708; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, §§ 375(d)(1) to (3), 115 Stat. 341.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 482

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 482. Foreign bank notes

Whoever, within the United States, with intent to defraud, falsely makes, alters, forges, or counterfeits any bank note or bill issued by a bank or corporation of any foreign country, and intended by the law or usage of such foreign country to circulate as money, such bank or corporation being authorized by the laws of such country, shall be fined under this title or imprisoned not more than 20 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 708; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(I), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 375(e), 115 Stat. 342.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 483

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 483. Uttering counterfeit foreign bank notes

Whoever, within the United States, utters, passes, puts off, or tenders in payment, with intent to defraud, any such false, forged, altered, or counterfeited bank note or bill, mentioned in section 482 of this title, knowing the same to be so false, forged, altered, and counterfeited, whether or not the same was made, forged, altered, or counterfeited within the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 708; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 375(f), 115 Stat. 342.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 484

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 484. Connecting parts of different notes

Whoever so places or connects together different parts of two or more notes, bills, or other genuine instruments issued under the authority of the United States, or by any foreign government, or corporation, as to produce one instrument, with intent to defraud, shall be guilty of forgery in the same manner as if the parts so put together were falsely made or forged, and shall be fined under this title or imprisoned not more than 10 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 708; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 374(h), 115 Stat. 341.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 485

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 485. Coins or bars

Whoever falsely makes, forges, or counterfeits any coin or bar in resemblance or similitude of any coin of a denomination higher than 5 cents or any gold or silver bar coined or stamped at any mint or assay office of the United States, or in resemblance or similitude of any foreign gold or silver coin current in the United States or in actual use and circulation as money within the United States; or

Whoever passes, utters, publishes, sells, possesses, or brings into the United States any false, forged, or counterfeit coin or bar, knowing the same to be false, forged, or counterfeit, with intent to defraud any body politic or corporate, or any person, or attempts the commission of any offense described in this paragraph--

Shall be fined under this title or imprisoned not more than fifteen years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 708; July 23, 1965, Pub.L. 89-81, Title II, § 211(a), 79 Stat. 257; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 486

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 486. Uttering coins of gold, silver or other metal

Whoever, except as authorized by law, makes or utters or passes, or attempts to utter or pass, any coins of gold or silver or other metal, or alloys of metals, intended for use as current money, whether in the resemblance of coins of the United States or of foreign countries, or of original design, shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 709; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(I), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 487

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 487. Making or possessing counterfeit dies for coins

Whoever, without lawful authority, makes any die, hub, or mold, or any part thereof, either of steel or plaster, or any other substance, in likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining or making of any of the genuine gold, silver, nickel, bronze, copper, or other coins coined at the mints of the United States; or

Whoever, without lawful authority, possesses any such die, hub, or mold, or any part thereof, or permits the same to be used for or in aid of the counterfeiting of any such coins of the United States--

Shall be fined under this title or imprisoned not more than fifteen years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 709; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 488

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 488. Making or possessing counterfeit dies for foreign coins

Whoever, within the United States, without lawful authority, makes any die, hub, or mold, or any part thereof, either of steel or of plaster, or of any other substance, in the likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining of the genuine coin of any foreign government; or

Whoever, without lawful authority, possesses any such die, hub, or mold, or any part thereof, or conceals, or knowingly suffers the same to be used for the counterfeiting of any foreign coin--

Shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 709; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 489

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 489. Making or possessing likeness of coins

Whoever, within the United States, makes or brings therein from any foreign country, or possesses with intent to sell, give away, or in any other manner uses the same, except under authority of the Secretary of the Treasury or other proper officer of the United States, any token, disk, or device in the likeness or similitude as to design, color, or the inscription thereon of any of the coins of the United States or of any foreign country issued as money, either under the authority of the United States or under the authority of any foreign government shall be fined under this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 709; July 16, 1951, c. 226, § 3, 65 Stat. 122; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(B), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 490

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 490. Minor coins

Whoever falsely makes, forges, or counterfeits any coin in the resemblance or similitude of any of the one-cent and 5-cent coins minted at the mints of the United States; or

Whoever passes, utters, publishes, or sells, or brings into the United States, or possesses any such false, forged, or counterfeited coin, with intent to defraud any person, shall be fined under this title or imprisoned not more than three years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 709; Feb. 14, 1984, Pub.L. 98-216, § 3(b)(1), 98 Stat. 6; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 491

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 491. Tokens or paper used as money

(a) Whoever, being 18 years of age or over, not lawfully authorized, makes, issues, or passes any coin, card, token, or device in metal, or its compounds, intended to be used as money, or whoever, being 18 years of age or over, with intent to defraud, makes, utters, inserts, or uses any card, token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States or any coin or other currency not legal tender in the United States, to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States, shall be fined under this title, or imprisoned not more than one year, or both.

(b) Whoever manufactures, sells, offers, or advertises for sale, or exposes or keeps with intent to furnish or sell any token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States, or any token, disk, paper, or other device issued or authorized in connection with rationing or food and fiber distribution by any agency of the United States, with knowledge or reason to believe that such tokens, slugs, disks, devices, papers, or other things are intended to be used unlawfully or fraudulently to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter, or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States shall be fined under this title or imprisoned not more than one year, or both.

Nothing contained in this section shall create immunity from criminal prosecution under the laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia.

(c) “Knowledge or reason to believe”, within the meaning of paragraph (b) of this section, may be shown by proof that any law-enforcement officer has, prior to the commission of the offense with which the defendant is charged, informed the defendant that tokens, slugs, disks, or other devices of the kind manufactured, sold, offered, or advertised for sale by him or exposed or kept with intent to furnish or sell, are being used unlawfully or fraudulently to operate certain specified automatic merchandise vending machines, postage-stamp machines, turnstiles, fare boxes, coin-box telephones, parking meters, or other receptacles, depositories, or contrivances, designed to receive or to be operated by lawful coins of the United States.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 709; Sept. 19, 1962, Pub.L. 87-667, 76 Stat. 555; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 492

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 492. Forfeiture of counterfeit paraphernalia

All counterfeits of any coins or obligations or other securities of the United States or of any foreign government, or any articles, devices, and other things made, possessed, or used in violation of this chapter or of sections 331-333, 335, 336, 642 or 1720, of this title, or any material or apparatus used or fitted or intended to be used, in the making of such counterfeits, articles, devices or things, found in the possession of any person without authority from the Secretary of the Treasury or other proper officer, shall be forfeited to the United States.

Whoever, having the custody or control of any such counterfeits, material, apparatus, articles, devices, or other things, fails or refuses to surrender possession thereof upon request by any authorized agent of the Treasury Department, or other proper officer, shall be fined under this title or imprisoned not more than one year, or both.

Whenever, except as hereinafter in this section provided, any person interested in any article, device, or other thing, or material or apparatus seized under this section files with the Secretary of the Treasury, before the disposition thereof, a petition for the remission or mitigation of such forfeiture, the Secretary of the Treasury, if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or the mitigation of such forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just.

If the seizure involves offenses other than offenses against the coinage, currency, obligations or securities of the United States or any foreign government, the petition for the remission or mitigation of forfeiture shall be referred to the Attorney General, who may remit or mitigate the forfeiture upon such terms as he deems reasonable and just.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 710; Nov. 2, 2002, Pub.L. 107-273, Div. B, Title IV, § 4002(d)(1)(A), 116 Stat. 1809.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 493

Effective: October 26, 2001

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 493. Bonds and obligations of certain lending agencies

Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners' Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined under this title or imprisoned not more than 10 years, or both.

Whoever passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section, shall be fined under this title or imprisoned not more than 10 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 711; Oct. 4, 1961, Pub.L. 87-353, § 3(p), 75 Stat. 774; May 25, 1967, Pub.L. 90-19, § 24(a), 81 Stat. 27; Oct. 19, 1970, Pub.L. 91-468, § 3, 84 Stat. 1016; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147; Oct. 26, 2001, Pub.L. 107-56, Title III, § 374(i), 115 Stat. 341.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 494

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 494. Contractors' bonds, bids, and public records

Whoever falsely makes, alters, forges, or counterfeits any bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or

Whoever utters or publishes as true or possesses with intent to utter or publish as true, any such false, forged, altered, or counterfeited writing, knowing the same to be false, forged, altered, or counterfeited; or

Whoever transmits to, or presents at any office or to any officer of the United States, any such false, forged, altered, or counterfeited writing, knowing the same to be false, forged, altered, or counterfeited--

Shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 711; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 495

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 495. Contracts, deeds, and powers of attorney

Whoever falsely makes, alters, forges, or counterfeits any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States or any officers or agents thereof, any sum of money; or

Whoever utters or publishes as true any such false, forged, altered, or counterfeited writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or

Whoever transmits to, or presents at any office or officer of the United States, any such writing in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited--

Shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 711; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 496

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 496. Customs matters

Whoever forges, counterfeits or falsely alters any writing made or required to be made in connection with the entry or withdrawal of imports or collection of customs duties, or uses any such writing knowing the same to be forged, counterfeited or falsely altered, shall be fined under this title or imprisoned not more than three years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 711; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 497

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 497. Letters patent

Whoever falsely makes, forges, counterfeits, or alters any letters patent granted or purporting to have been granted by the President of the United States; or

Whoever passes, utters, or publishes, or attempts to pass, utter, or publish as genuine, any such letters patent, knowing the same to be forged, counterfeited or falsely altered--

Shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 712; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 498

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 498. Military or naval discharge certificates

Whoever forges, counterfeits, or falsely alters any certificate of discharge from the military or naval service of the United States, or uses, unlawfully possesses or exhibits any such certificate, knowing the same to be forged, counterfeited, or falsely altered, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 712; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 499

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 499. Military, naval, or official passes

Whoever falsely makes, forges, counterfeits, alters, or tampers with any naval, military, or official pass or permit, issued by or under the authority of the United States, or with intent to defraud uses or possesses any such pass or permit, or personates or falsely represents himself to be or not to be a person to whom such pass or permit has been duly issued, or willfully allows any other person to have or use any such pass or permit, issued for his use alone, shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 712; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(I), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 500

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 500. Money orders

Whoever, with intent to defraud, falsely makes, forges, counterfeits, engraves, or prints any order in imitation of or purporting to be a blank money order or a money order issued by or under the direction of the Post Office Department or Postal Service; or

Whoever forges or counterfeits the signature or initials of any person authorized to issue money orders upon or to any money order, postal note, or blank therefor provided or issued by or under the direction of the Post Office Department or Postal Service, or post office department or corporation of any foreign country, and payable in the United States, or any material signature or indorsement thereon, or any material signature to any receipt or certificate of identification thereof; or

Whoever falsely alters, in any material respect, any such money order or postal note; or

Whoever, with intent to defraud, passes, utters or publishes or attempts to pass, utter or publish any such forged or altered money order or postal note, knowing any material initials, signature, stamp impression or indorsement thereon to be false, forged, or counterfeited, or any material alteration therein to have been falsely made; or

Whoever issues any money order or postal note without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the United States or Postal Service, or any officer, employee, or agent thereof, any sum of money whatever; or

Whoever embezzles, steals, or knowingly converts to his own use or to the use of another, or without authority converts or disposes of any blank money order form provided by or under the authority of the Post Office Department or Postal Service; or

Whoever receives or possesses any such money order form with the intent to convert it to his own use or gain or use or gain of another knowing it to have been embezzled, stolen or converted; or

Whoever, with intent to defraud the United States, the Postal Service, or any person, transmits, presents, or causes to be transmitted or presented, any money order or postal note knowing the same--

(1) to contain any forged or counterfeited signature, initials, or any stamped impression, or

(2) to contain any material alteration therein unlawfully made, or

(3) to have been unlawfully issued without previous payment of the amount required to be paid upon such issue, or

(4) to have been stamped without lawful authority; or

Whoever steals, or with intent to defraud or without being lawfully authorized by the Post Office Department or Postal Service, receives, possesses, disposes of or attempts to dispose of any postal money order machine or any stamp, tool, or instrument specifically designed to be used in preparing or filling out the blanks on postal money order forms--

Shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 712; Aug. 12, 1970, Pub.L. 91-375, § 6(j)(5), 84 Stat. 777; Sept. 23, 1972, Pub.L. 92-430, 86 Stat. 722; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 501

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 501. Postage stamps, postage meter stamps, and postal cards

Whoever forges or counterfeits any postage stamp, postage meter stamp, or any stamp printed upon any stamped envelope, or postal card, or any die, plate, or engraving thereof; or

Whoever makes or prints, or knowingly uses or sells, or possesses with intent to use or sell, any such forged or counterfeited postage stamp, postage meter stamp, stamped envelope, postal card, die, plate, or engraving; or

Whoever makes, or knowingly uses or sells, or possesses with intent to use or sell, any paper bearing the watermark of any stamped envelope, or postal card, or any fraudulent imitation thereof; or

Whoever makes or prints, or authorizes to be made or printed, any postage stamp, postage meter stamp, stamped envelope, or postal card, of the kind authorized and provided by the Post Office Department or by the Postal Service, without the special authority and direction of the Department or Postal Service; or

Whoever after such postage stamp, postage meter stamp, stamped envelope, or postal card has been printed, with intent to defraud, delivers the same to any person not authorized by an instrument in writing, duly executed under the hand of the Postmaster General and the seal of the Post Office Department or the Postal Service, to receive it--

Shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 713; Aug. 12, 1970, Pub.L. 91-375, § 6(j)(6), 84 Stat. 777; Oct. 14, 1970, Pub.L. 91-448, § 1(a), 84 Stat. 920; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 502

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 502. Postage and revenue stamps of foreign governments

Whoever forges, or counterfeits, or knowingly utters or uses any forged or counterfeit postage stamp or revenue stamp of any foreign government, shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 713; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 503

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 503. Postmarking stamps

Whoever forges or counterfeits any postmarking stamp, or impression thereof with intent to make it appear that such impression is a genuine postmark, or makes or knowingly uses or sells, or possesses with intent to use or sell, any forged or counterfeited postmarking stamp, die, plate, or engraving, or such impression thereof, shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 713; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 504

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 504. Printing and filming of United States and foreign obligations and securities

Notwithstanding any other provision of this chapter, the following are permitted:

(1) The printing, publishing, or importation, or the making or importation of the necessary plates for such printing or publishing, of illustrations of--

(A) postage stamps of the United States,

(B) revenue stamps of the United States,

(D) postage stamps, revenue stamps, notes, bonds, and any other obligation or other security of any foreign government, bank, or corporation.

Illustrations permitted by the foregoing provisions of this section shall be made in accordance with the following conditions--

(i) all illustrations shall be in black and white, except that illustrations of postage stamps issued by the United States or by any foreign government and stamps issued under the Migratory Bird Hunting Stamp Act of 1934 may be in color;

(ii) all illustrations (including illustrations of uncanceled postage stamps in color and illustrations of stamps issued under the Migratory Bird Hunting Stamp Act of 1934 in color) shall be of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of any matter so illustrated which is covered by subparagraph (A), (B), (C), or (D) of this paragraph, except that black and white illustrations of postage and revenue stamps issued by the United States or by any foreign government and colored illustrations of canceled postage stamps issued by the United States may be in the exact linear dimension in which the stamps were issued; and

(iii) the negatives and plates used in making the illustrations shall be destroyed after their final use in accordance with this section.

The Secretary of the Treasury shall prescribe regulations to permit color illustrations of such currency of the United States as the Secretary determines may be appropriate for such purposes.

(2) The provisions of this section shall not permit the reproduction of illustrations of obligations or other securities, by or through electronic methods used for the acquisition, recording, retrieval, transmission, or reproduction of any obligation or other security, unless such use is authorized by the Secretary of the Treasury. The Secretary shall establish a system to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses, hobbyists, press or others shall not be unduly restricted.

(3) The making or importation of motion-picture films, microfilms, or slides, for projection upon a screen or for use in telecasting, of postage and revenue stamps and other obligations and securities of the United States, and postage and revenue stamps, notes, bonds, and other obligations or securities of any foreign government, bank, or corporation. No prints or other reproductions shall be made from such films or slides, except for the purposes of paragraph (1), without the permission of the Secretary of the Treasury.

For the purposes of this section the term “postage stamp” includes postage meter stamps.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 713; Sept. 2, 1958, Pub.L. 85-921, § 1, 72 Stat. 1771; June 20, 1968, Pub.L. 90-353, § 1, 82 Stat. 240; Oct. 14, 1970, Pub.L. 91-448, § 2, 84 Stat. 921; July 18, 1984, Pub.L. 98-369, Title X, § 1077(b)(1), (2), 98 Stat. 1054; Oct. 28, 1992, Pub.L. 102-550, Title XV, § 1554, 106 Stat. 4071; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 601(e), (f)(3), 110 Stat. 3499.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 505

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 505. Seals of courts; signatures of judges or court officers

Whoever forges the signature of any judge, register, or other officer of any court of the United States, or of any Territory thereof, or forges or counterfeits the seal of any such court, or knowingly concurs in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or tenders in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 714; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 506

Effective: October 1, 2008

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 506. Seals of departments or agencies

(a) Whoever--

(1) falsely makes, forges, counterfeits, mutilates, or alters the seal of any department or agency of the United States, or any facsimile thereof;

(2) knowingly uses, affixes, or impresses any such fraudulently made, forged, counterfeited, mutilated, or altered seal or facsimile thereof to or upon any certificate, instrument, commission, document, or paper of any description; or

(3) with fraudulent intent, possesses, sells, offers for sale, furnishes, offers to furnish, gives away, offers to give away, transports, offers to transport, imports, or offers to import any such seal or facsimile thereof, knowing the same to have been so falsely made, forged, counterfeited, mutilated, or altered,

shall be fined under this title, or imprisoned not more than 5 years, or both.

(b) Notwithstanding subsection (a) or any other provision of law, if a forged, counterfeited, mutilated, or altered seal of a department or agency of the United States, or any facsimile thereof, is--

(1) so forged, counterfeited, mutilated, or altered;

(2) used, affixed, or impressed to or upon any certificate, instrument, commission, document, or paper of any description; or

(3) with fraudulent intent, possessed, sold, offered for sale, furnished, offered to furnish, given away, offered to give away, transported, offered to transport, imported, or offered to import,

with the intent or effect of facilitating an alien's application for, or receipt of, a Federal benefit to which the alien is not entitled, the penalties which may be imposed for each offense under subsection (a) shall be two times the maximum fine, and 3 times the maximum term of imprisonment, or both, that would otherwise be imposed for an offense under subsection (a).

(1) the term “Federal benefit” means--

(A) the issuance of any grant, contract, loan, professional license, or commercial license provided by any agency of the United States or by appropriated funds of the United States; and

(B) any retirement, welfare, Social Security, health (including treatment of an emergency medical condition in accordance with section 1903(v) of the Social Security Act (19 [FN1] U.S.C. 1396b(v))), disability, veterans, public housing, education, supplemental nutrition assistance program benefits, or unemployment benefit, or any similar benefit for which payments or assistance are provided by an agency of the United States or by appropriated funds of the United States; and

(2) each instance of forgery, counterfeiting, mutilation, or alteration shall constitute a separate offense under this section.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 714; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Sept. 30, 1996, Pub.L. 104-208, Div. C, Title V, § 561, 110 Stat. 3009-681; May 22, 2008, Pub.L. 110-234, Title IV, § 4002(b)(1)(E), (2)(M), 122 Stat. 1096, 1097; June 18, 2008, Pub.L. 110-246, § 4(a), Title IV, § 4002(b)(1)(E), (2)(M), 122 Stat. 1664, 1857, 1858.)

[FN1] So in original. Probably should be “42”.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 507

Effective: October 6, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 507. Ship's papers

Whoever falsely makes, forges, counterfeits, or alters any instrument in imitation of or purporting to be, an abstract or official copy or certificate of the documentation of any vessel, or a certificate of ownership, pass, or clearance, granted for any vessel, under the authority of the United States, or a permit, debenture, or other official document granted by any officer of the customs by virtue of his office; or

Whoever utters, publishes, or passes, or attempts to utter, publish, or pass, as true, any such false, forged, counterfeited, or falsely altered instrument, abstract, official copy, certificate, pass, clearance, permit, debenture, or other official document herein specified, knowing the same to be false, forged, counterfeited, or falsely altered, with an intent to defraud--

Shall be fined under this title or imprisoned not more than three years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 714; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Oct. 6, 2006, Pub.L. 109-304, § 17(d)(2), 120 Stat. 1707.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 508

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 508. Transportation requests of Government

Whoever falsely makes, forges, or counterfeits in whole or in part, any form or request in similitude of the form or request provided by the Government for requesting a common carrier to furnish transportation on account of the United States or any department or agency thereof, or knowingly alters any form or request provided by the Government for requesting a common carrier to furnish transportation on account of the United States or any department or agency thereof; or

Whoever knowingly passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, any such false, forged, counterfeited, or altered form or request--

Shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 715; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 509

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 509. Possessing and making plates or stones for Government transportation requests

Whoever, except by lawful authority, controls, holds or possesses any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any form or request for Government transportation, or uses such plate, stone, or other thing, or knowingly permits or suffers the same to be used in making any such form or request or any part of such a form or request; or

Whoever makes or engraves any plate, stone, or thing, in the likeness of any plate, stone, or thing designated for the printing of the genuine issues of the form or request for Government transportation; or

Whoever prints, photographs, or in any other manner makes, executes, or sells any engraving, photograph, print, or impression in the likeness of any genuine form or request for Government transportation, or any part thereof; or

Whoever brings into the United States or any place subject to the jurisdiction thereof, any plate, stone, or other thing, or engraving, photograph, print, or other impression of the form or request for Government transportation--

Shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 715; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 510

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 510. Forging endorsements on Treasury checks or bonds or securities of the United States

(a) Whoever, with intent to defraud--

(1) falsely makes or forges any endorsement or signature on a Treasury check or bond or security of the United States; or

(2) passes, utters, or publishes, or attempts to pass, utter, or publish, any Treasury check or bond or security of the United States bearing a falsely made or forged endorsement or signature;

shall be fined under this title or imprisoned not more than ten years, or both.

(b) Whoever, with knowledge that such Treasury check or bond or security of the United States is stolen or bears a falsely made or forged endorsement or signature buys, sells, exchanges, receives, delivers, retains, or conceals any such Treasury check or bond or security of the United States shall be fined under this title or imprisoned not more than ten years, or both.

(c) If the face value of the Treasury check or bond or security of the United States or the aggregate face value, if more than one Treasury check or bond or security of the United States, does not exceed $1,000, in any of the above-mentioned offenses, the penalty shall be a fine under this title or imprisonment for not more than one year, or both.

CREDIT(S)

(Added Pub.L. 98-151, § 115(a), Nov. 14, 1983, 97 Stat. 976; amended Pub.L. 101-647, Title XXXV, § 3514, Nov. 29, 1990, 104 Stat. 4923; Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147; Pub.L. 104-294, Title VI, §§ 602(e), 606(b), Oct. 11, 1996, 110 Stat. 3503, 3511; Pub.L. 107-273, Div. B, Title IV, § 4002(a)(1), Nov. 2, 2002, 116 Stat. 1806.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 511

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 511. Altering or removing motor vehicle identification numbers

(a) A person who--

(1) knowingly removes, obliterates, tampers with, or alters an identification number for a motor vehicle or motor vehicle part; or

(2) with intent to further the theft of a motor vehicle, knowingly removes, obliterates, tampers with, or alters a decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act,

shall be fined under this title, imprisoned not more than 5 years, or both.

(b)(1) Subsection (a) of this section does not apply to a removal, obliteration, tampering, or alteration by a person specified in paragraph (2) of this subsection (unless such person knows that the vehicle or part involved is stolen).

(2) The persons referred to in paragraph (1) of this subsection are--

(A) a motor vehicle scrap processor or a motor vehicle demolisher who complies with applicable State law with respect to such vehicle or part;

(B) a person who repairs such vehicle or part, if the removal, obliteration, tampering, or alteration is reasonably necessary for the repair;

(C) a person who restores or replaces an identification number for such vehicle or part in accordance with applicable State law; and

(D) a person who removes, obliterates, tampers with, or alters a decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act, if that person is the owner of the motor vehicle, or is authorized to remove, obliterate, tamper with or alter the decal or device by--

(i) the owner or his authorized agent;

(ii) applicable State or local law; or

(iii) regulations promulgated by the Attorney General to implement the Motor Vehicle Theft Prevention Act.

(1) “identification number” means a number or symbol that is inscribed or affixed for purposes of identification under chapter 301 and part C of subtitle VI of title 49;

(2) “motor vehicle” has the meaning given that term in section 32101 of title 49;

(3) “motor vehicle demolisher” means a person, including any motor vehicle dismantler or motor vehicle recycler, who is engaged in the business of reducing motor vehicles or motor vehicle parts to metallic scrap that is unsuitable for use as either a motor vehicle or a motor vehicle part;

(4) “motor vehicle scrap processor” means a person--

(A) who is engaged in the business of purchasing motor vehicles or motor vehicle parts for reduction to metallic scrap for recycling;

(B) who, from a fixed location, uses machinery to process metallic scrap into prepared grades; and

but such term does not include any activity of any such person relating to the recycling of a motor vehicle or a motor vehicle part as a used motor vehicle or a used motor vehicle part.

(d) For purposes of subsection (a) of this section, the term “tampers with” includes covering a program decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act for the purpose of obstructing its visibility.

CREDIT(S)

(Added Pub.L. 98-547, Title II, § 201(a), Oct. 25, 1984, 98 Stat. 2768; amended Pub.L. 103-272, § 5(e)(3), July 5, 1994, 108 Stat. 1373; Pub.L. 103-322, Title XXII, § 220003(a) to (c), Sept. 13, 1994, 108 Stat. 2076; Pub.L. 104-294, Title VI, § 604(b)(8), Oct. 11, 1996, 110 Stat. 3507.)

1996 Acts. Amendment by section 604 of Pub.L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub.L. 104-294, set out as a note under section 13 of this title.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 511A

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 511A. Unauthorized application of theft prevention decal or device

(a) Whoever affixes to a motor vehicle a theft prevention decal or other device, or a replica thereof, unless authorized to do so pursuant to the Motor Vehicle Theft Prevention Act, shall be punished by a fine not to exceed $1,000.

(b) For purposes of this section, the term “theft prevention decal or device” means a decal or other device designed in accordance with a uniform design for such devices developed pursuant to the Motor Vehicle Theft Prevention Act.

CREDIT(S)

(Added Pub.L. 103-322, Title XXII, § 220003(d)(1), Sept. 13, 1994, 108 Stat. 2077.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 512

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 512. Forfeiture of certain motor vehicles and motor vehicle parts

(a) If an identification number for a motor vehicle or motor vehicle part is removed, obliterated, tampered with, or altered, such vehicle or part shall be subject to seizure and forfeiture to the United States unless--

(1) in the case of a motor vehicle part, such part is attached to a motor vehicle and the owner of such motor vehicle does not know that the identification number has been removed, obliterated, tampered with, or altered;

(2) such motor vehicle or part has a replacement identification number that--

(A) is authorized by the Secretary of Transportation under chapter 301 of title 49; or

(B) conforms to applicable State law;

(3) such removal, obliteration, tampering, or alteration is caused by collision or fire or is carried out as described in section 511(b) of this title; or

(4) such motor vehicle or part is in the possession or control of a motor vehicle scrap processor who does not know that such identification number was removed, obliterated, tampered with, or altered in any manner other than by collision or fire or as described in section 511(b) of this title.

(b) All provisions of law relating to--

(1) the seizure and condemnation of vessels, vehicles, merchandise, and baggage for violation of customs laws, and procedures for summary and judicial forfeiture applicable to such violations;

(2) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from such disposition;

(3) the remission or mitigation of such forfeiture; and

(4) the compromise of claims and the award of compensation to informers with respect to such forfeiture;

shall apply to seizures and forfeitures under this section, to the extent that such provisions are not inconsistent with this section. The duties of the collector of customs or any other person with respect to seizure and forfeiture under such provisions shall be performed under this section by such persons as may be designated by the Attorney General.

(c) As used in this section, the terms “identification number”, “motor vehicle”, and “motor vehicle scrap processor” have the meanings given those terms in section 511 of this title.

CREDIT(S)

(Added Pub.L. 98-547, Title II, § 201(a), Oct. 25, 1984, 98 Stat. 2769; amended Pub.L. 103-272, § 5(e)(4), July 5, 1994, 108 Stat. 1373.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 513

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 513. Securities of the States and private entities

(a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title or imprisoned for not more than ten years, or both.

(b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.

(1) the term “counterfeited” means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;

(2) the term “forged” means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents;

(3) the term “security” means--

(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act, money order, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property;

(B) an instrument evidencing ownership of goods, wares, or merchandise;

(D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or

(E) a blank form of any of the foregoing;

(4) the term “organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce; and

(5) the term “State” includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.

CREDIT(S)

(Added Pub.L. 98-473, Title II, § 1105(a), Oct. 12, 1984, 98 Stat. 2144; § 511; renumbered § 513, Pub.L. 99-646, § 31(a), Nov. 10, 1986, 100 Stat. 3598; amended Pub.L. 101-647, Title XXXV, § 3515, Nov. 29, 1990, 104 Stat. 4923; Pub.L. 103-322, Title XXXIII, §§ 330008(1), 330016(2)(C), Sept. 13, 1994, 108 Stat. 2142, 2148.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 514

Effective: September 30, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 25. Counterfeiting and Forgery (Refs & Annos)

§ 514. Fictitious obligations

(a) Whoever, with the intent to defraud--

(1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States;

(2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; or

(3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport, ship, move, transfer, or attempts or causes the same, to, from, or through the United States,

any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be guilty of a class B felony.

(b) For purposes of this section, any term used in this section that is defined in section 513(c) has the same meaning given such term in section 513(c).

(c) The United States Secret Service, in addition to any other agency having such authority, shall have authority to investigate offenses under this section.

CREDIT(S)

(Added Pub.L. 104-208, Div. A, Title I, § 101(f) [Title VI, § 648(b)(1)], Title II, § 2603(b)(1), Sept. 30, 1996, 110 Stat. 3009-367, 3009-470.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 521

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 26. Criminal Street Gangs

§ 521. Criminal street gangs

(a) Definitions.--

“Conviction” includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony.

“Criminal street gang” means an ongoing group, club, organization, or association of 5 or more persons--

(A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c);

(B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and

“State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(b) Penalty.--The sentence of a person convicted of an offense described in subsection (c) shall be increased by up to 10 years if the offense is committed under the circumstances described in subsection (d).

(1) a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years;

(2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and

(3) a conspiracy to commit an offense described in paragraph (1) or (2).

(d) Circumstances.--The circumstances described in this section are that the offense described in subsection (c) was committed by a person who--

(1) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c);

(2) intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; and

(3) has been convicted within the past 5 years for--

(A) an offense described in subsection (c);

(B) a State offense--

(i) involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years' imprisonment; or

(ii) that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another;

(C) any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; or

(D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C).

CREDIT(S)

(Added Pub.L. 103-322, Title XV, § 150001(a), Sept. 13, 1994, 108 Stat. 2034; amended Pub.L. 104-294, Title VI, § 607(q), Oct. 11, 1996, 110 Stat. 3513; Pub.L. 107-273, Div. B, Title IV, § 4002(b)(3), Nov. 2, 2002, 116 Stat. 1807.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 27, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 27. Customs

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 541

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 541. Entry of goods falsely classified

Whoever knowingly effects any entry of goods, wares, or merchandise, at less than the true weight or measure thereof, or upon a false classification as to quality or value, or by the payment of less than the amount of duty legally due, shall be fined under this title or imprisoned not more than two years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 715; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 542

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 542. Entry of goods by means of false statements

Whoever enters or introduces, or attempts to enter or introduce, into the commerce of the United States any imported merchandise by means of any fraudulent or false invoice, declaration, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance, or makes any false statement in any declaration without reasonable cause to believe the truth of such statement, or procures the making of any such false statement as to any matter material thereto without reasonable cause to believe the truth of such statement, whether or not the United States shall or may be deprived of any lawful duties; or

Whoever is guilty of any willful act or omission whereby the United States shall or may be deprived of any lawful duties accruing upon merchandise embraced or referred to in such invoice, declaration, affidavit, letter, paper, or statement, or affected by such act or omission--

Shall be fined for each offense under this title or imprisoned not more than two years, or both.

Nothing in this section shall be construed to relieve imported merchandise from forfeiture under other provisions of law.

The term “commerce of the United States”, as used in this section, shall not include commerce with the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 715; June 30, 1955, c. 258, § 2(c), 69 Stat. 242; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, §§ 330004(18), 330016(1)(K), 108 Stat. 2142, 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 604(b)(23), 110 Stat. 3508.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 543

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 543. Entry of goods for less than legal duty

Whoever, being an officer of the revenue, knowingly admits to entry, any goods, wares, or merchandise, upon payment of less than the amount of duty legally due, shall be fined under this title or imprisoned not more than two years, or both, and removed from office.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 716; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 544

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 544. Relanding of goods

If any merchandise entered or withdrawn for exportation without payment of the duties thereon, or with intent to obtain a drawback of the duties paid, or of any other allowances given by law on the exportation thereof, is relanded at any place in the United States without entry having been made, such merchandise shall be considered as having been imported into the United States contrary to law, and each person concerned shall be fined under this title or imprisoned not more than two years, or both; and such merchandise shall be forfeited.

The term “any place in the United States”, as used in this section, shall not include the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 716; June 30, 1955, c. 258, § 2(c), 69 Stat. 242; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, §§ 330004(18), 330016(1)(K), 108 Stat. 2142, 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 604(b)(23), 110 Stat. 3508.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 545

Effective: March 9, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 545. Smuggling goods into the United States

Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or

Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law--

Shall be fined under this title or imprisoned not more than 20 years, or both.

Proof of defendant's possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section.

Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person described in the first or second paragraph of this section, shall be forfeited to the United States.

The term “United States”, as used in this section, shall not include the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 716; Aug. 24, 1954, c. 890, § 1, 68 Stat. 782; Sept. 1, 1954, c. 1213, Title V, § 507, 68 Stat. 1141; June 30, 1955, c. 258, § 2(c), 69 Stat. 242; Sept. 13, 1994, Pub.L. 103-322, Title XXXII, § 320903(c), Title XXXIII, §§ 330004(18), 330016(1)(L), 108 Stat. 2125, 2142, 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 604(b)(23), 110 Stat. 3508; Mar. 9, 2006, Pub.L. 109-177, Title III, § 310, 120 Stat. 242.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 546

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 546. Smuggling goods into foreign countries

Any person owning in whole or in part any vessel of the United States who employs, or participates in, or allows the employment of, such vessel for the purpose of smuggling, or attempting to smuggle, or assisting in smuggling, any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, and any citizen of, or person domiciled in, or any corporation incorporated in, the United States, controlling or substantially participating in the control of any such vessel, directly or indirectly, whether through ownership of corporate shares or otherwise, and allowing the employment of said vessel for any such purpose, and any person found, or discovered to have been, on board of any such vessel so employed and participating or assisting in any such purpose, shall be fined under this title or imprisoned not more than two years, or both.

It shall constitute an offense under this section to hire out or charter a vessel if the lessor or charterer has knowledge or reasonable grounds for belief that the lessee or person chartering the vessel intends to employ such vessel for any of the purposes described in this section and if such vessel is, during the time such lease or charter is in effect, employed for any such purpose.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 717; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 547

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 547. Depositing goods in buildings on boundaries

Whoever receives or deposits any merchandise in any building upon the boundary line between the United States and any foreign country, or carries any merchandise through the same, in violation of law, shall be fined under this title or imprisoned not more than two years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 717; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 548

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 548. Removing or repacking goods in warehouses

Whoever fraudulently conceals, removes, or repacks merchandise in any bonded warehouse or fraudulently alters, defaces or obliterates any marks or numbers placed upon packages deposited in such warehouse, shall be fined under this title or imprisoned not more than two years, or both.

Merchandise so concealed, removed, or repacked, or packages upon which any marks or numbers have been so altered, defaced, or obliterated, shall be forfeited to the United States.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 717; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 549

Effective: March 9, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 549. Removing goods from customs custody; breaking seals

Whoever, without authority, affixes or attaches a customs seal, fastening, or mark, or any seal, fastening, or mark purporting to be a customs seal, fastening, or mark to any vessel, vehicle, warehouse, or package; or

Whoever, without authority, willfully removes, breaks, injures, or defaces any customs seal or other fastening or mark placed upon any vessel, vehicle, warehouse, or package containing merchandise or baggage in bond or in customs custody; or

Whoever maliciously enters any bonded warehouse or any vessel or vehicle laden with or containing bonded merchandise with intent unlawfully to remove therefrom any merchandise or baggage therein, or unlawfully removes any merchandise or baggage in such vessel, vehicle, or bonded warehouse or otherwise in customs custody or control; or

Whoever receives or transports any merchandise or baggage unlawfully removed from any such vessel, vehicle, or warehouse, knowing the same to have been unlawfully removed--

Shall be fined under this title or imprisoned not more than 10 years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 717; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Mar. 9, 2006, Pub.L. 109-177, Title III, § 311(e), 120 Stat. 242.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 550

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 550. False claim for refund of duties

Whoever knowingly and willfully files any false or fraudulent entry or claim for the payment of drawback, allowance, or refund of duties upon the exportation of merchandise, or knowingly or willfully makes or files any false affidavit, abstract, record, certificate, or other document, with a view to securing the payment to himself or others of any drawback, allowance, or refund of duties, on the exportation of merchandise, greater than that legally due thereon, shall be fined under this title or imprisoned not more than two years, or both, and such merchandise or the value thereof shall be forfeited.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 718; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 551

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 551. Concealing or destroying invoices or other papers

Whoever willfully conceals or destroys any invoice, book, or paper relating to any merchandise imported into the United States, after an inspection thereof has been demanded by the collector of any collection district; or

Whoever conceals or destroys at any time any such invoice, book, or paper for the purpose of suppressing any evidence of fraud therein contained--

Shall be fined under this title or imprisoned not more than two years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 718; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 552

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 552. Officers aiding importation of obscene or treasonous books and articles

Whoever, being an officer, agent, or employee of the United States, knowingly aids or abets any person engaged in any violation of any of the provisions of law prohibiting importing, advertising, dealing in, exhibiting, or sending or receiving by mail obscene or indecent publications or representations, or books, pamphlets, papers, writings, advertisements, circulars, prints, pictures, or drawings containing any matter advocating or urging treason or insurrection against the United States or forcible resistance to any law of the United States, or containing any threat to take the life of or inflict bodily harm upon any person in the United States, or means for procuring abortion, or other articles of indecent or immoral use or tendency, shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 718; Jan. 8, 1971, Pub.L. 91-662, § 2, 84 Stat. 1973; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 553

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 553. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft

(a) Whoever knowingly imports, exports, or attempts to import or export--

(1) any motor vehicle, off-highway mobile equipment, vessel, aircraft, or part of any motor vehicle, off-highway mobile equipment, vessel, or aircraft, knowing the same to have been stolen; or

(2) any motor vehicle or off-highway mobile equipment or part of any motor vehicle or off-highway mobile equipment, knowing that the identification number of such motor vehicle, equipment, or part has been removed, obliterated, tampered with, or altered;

shall be fined under this title or imprisoned not more than 10 years, or both.

(b) Subsection (a)(2) shall not apply if the removal, obliteration, tampering, or alteration--

(1) is caused by collision or fire; or

(2)(A) in the case of a motor vehicle, is not a violation of section 511 of this title (relating to altering or removing motor vehicle identification numbers); or

(B) in the case of off-highway mobile equipment, would not be a violation of section 511 of this title if such equipment were a motor vehicle.

(1) “motor vehicle” has the meaning given that term in section 32101 of title 49;

(2) “off-highway mobile equipment” means any self-propelled agricultural equipment, self-propelled construction equipment, and self-propelled special use equipment, used or designed for running on land but not on rail or highway;

(3) “vessel” has the meaning given that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401);

(4) “aircraft” has the meaning given that term in section 40102(a) of title 49; and

(5) “identification number”--

(A) in the case of a motor vehicle, has the meaning given that term in section 511 of this title; and

(B) in the case of any other vehicle or equipment covered by this section, means a number or symbol assigned to the vehicle or equipment, or part thereof, by the manufacturer primarily for the purpose of identifying such vehicle, equipment, or part.

CREDIT(S)

(Added Pub.L. 98-547, Title III, § 301(a), Oct. 25, 1984, 98 Stat. 2771; amended Pub.L. 100-690, Title VII, § 7021, Nov. 18, 1988, 102 Stat. 4397; Pub.L. 102-519, Title I, § 102, Oct. 25, 1992, 106 Stat. 3385; Pub.L. 103-272, § 5(e)(5), July 5, 1994, 108 Stat. 1374.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 554

Effective: March 9, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 554. Smuggling goods from the United States

(a) In general.--Whoever fraudulently or knowingly exports or sends from the United States, or attempts to export or send from the United States, any merchandise, article, or object contrary to any law or regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise, article or object, prior to exportation, knowing the same to be intended for exportation contrary to any law or regulation of the United States, shall be fined under this title, imprisoned not more than 10 years, or both.

(b) Definition.--In this section, the term “United States” has the meaning given that term in section 545.

CREDIT(S)

(Added Pub.L. 109-177, Title III, § 311(a), Mar. 9, 2006, 120 Stat. 242.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 555

Effective: June 5, 2012

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 27. Customs (Refs & Annos)

§ 555. Border tunnels and passages

(a) Any person who knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by Immigration and Customs Enforcement, shall be fined under this title and imprisoned for not more than 20 years.

(b) Any person who knows or recklessly disregards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be fined under this title and imprisoned for not more than 10 years.

(c) Any person who uses a tunnel or passage described in subsection (a) to unlawfully smuggle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruction (including biological weapons), or a member of a terrorist organization (as defined in section 2339B(g)(6)) shall be subject to a maximum term of imprisonment that is twice the maximum term of imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage.

(d) Any person who attempts or conspires to commit any offense under subsection (a) or subsection (c) of this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

CREDIT(S)

(Added Pub.L. 109-295, Title V, § 551(a), Oct. 4, 2006, 120 Stat. 1389; renumbered § 555, Pub.L. 110-161, Div. E, Title V, § 553(a)(1), Dec. 26, 2007, 121 Stat. 2082; amended Pub.L. 112-127, § 3, June 5, 2012, 126 Stat. 371.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 591

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

[§ 591. Repealed. Pub.L. 96-187, Title II, § 201(a) (1), Jan. 8, 1980, 93 Stat. 1367]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 592

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 592. Troops at polls

Whoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held, unless such force be necessary to repel armed enemies of the United States, shall be fined under this title or imprisoned not more than five years, or both; and be disqualified from holding any office of honor, profit, or trust under the United States.

This section shall not prevent any officer or member of the armed forces of the United States from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 719; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 593

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 593. Interference by armed forces

Whoever, being an officer or member of the Armed Forces of the United States, prescribes or fixes or attempts to prescribe or fix, whether by proclamation, order or otherwise, the qualifications of voters at any election in any State; or

Whoever, being such officer or member, prevents or attempts to prevent by force, threat, intimidation, advice or otherwise any qualified voter of any State from fully exercising the right of suffrage at any general or special election; or

Whoever, being such officer or member, orders or compels or attempts to compel any election officer in any State to receive a vote from a person not legally qualified to vote; or

Whoever, being such officer or member, imposes or attempts to impose any regulations for conducting any general or special election in a State, different from those prescribed by law; or

Whoever, being such officer or member, interferes in any manner with an election officer's discharge of his duties--

Shall be fined under this title or imprisoned not more than five years, or both; and disqualified from holding any office of honor, profit or trust under the United States.

This section shall not prevent any officer or member of the Armed Forces from exercising the right of suffrage in any district to which he may belong, if otherwise qualified according to the laws of the State of such district.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 719; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 594

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 594. Intimidation of voters

Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 720; Sept. 22, 1970, Pub.L. 91-405, Title II, § 204(d)(5), 84 Stat. 853; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 595

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 595. Interference by administrative employees of Federal, State, or Territorial Governments

Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both.

This section shall not prohibit or make unlawful any act by any officer or employee of any educational or research institution, establishment, agency, or system which is supported in whole or in part by any state or political subdivision thereof, or by the District of Columbia or by any Territory or Possession of the United States; or by any recognized religious, philanthropic or cultural organization.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 720; Sept. 22, 1970, Pub.L. 91-405, Title II, § 204(d)(6), 84 Stat. 853; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 596

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 596. Polling armed forces

Whoever, within or without the Armed Forces of the United States, polls any member of such forces, either within or without the United States, either before or after he executes any ballot under any Federal or State law, with reference to his choice of or his vote for any candidate, or states, publishes, or releases any result of any purported poll taken from or among the members of the Armed Forces of the United States or including within it the statement of choice for such candidate or of such votes cast by any member of the Armed Forces of the United States, shall be fined under this title or imprisoned for not more than one year, or both.

The word “poll” means any request for information, verbal or written, which by its language or form of expression requires or implies the necessity of an answer, where the request is made with the intent of compiling the result of the answers obtained, either for the personal use of the person making the request, or for the purpose of reporting the same to any other person, persons, political party, unincorporated association or corporation, or for the purpose of publishing the same orally, by radio, or in written or printed form.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 720; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 597

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 597. Expenditures to influence voting

Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and

Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote--

Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 721; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 601(a)(12), 110 Stat. 3498.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 598

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 598. Coercion by means of relief appropriations

Whoever uses any part of any appropriation made by Congress for work relief, relief, or for increasing employment by providing loans and grants for public-works projects, or exercises or administers any authority conferred by any Appropriation Act for the purpose of interfering with, restraining, or coercing any individual in the exercise of his right to vote at any election, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 721; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 599

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 599. Promise of appointment by candidate

Whoever, being a candidate, directly or indirectly promises or pledges the appointment, or the use of his influence or support for the appointment of any person to any public or private position or employment, for the purpose of procuring support in his candidacy shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 721; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 600

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 600. Promise of employment or other benefit for political activity

Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided for or made possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 721; Feb. 7, 1972, Pub.L. 92-225, Title II, § 202, 86 Stat. 9; Oct. 2, 1976, Pub.L. 94-453, § 3, 90 Stat. 1517; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 601

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 601. Deprivation of employment or other benefit for political contribution

(a) Whoever, directly or indirectly, knowingly causes or attempts to cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political party, by means of the denial or deprivation, or the threat of the denial or deprivation, of--

(1) any employment, position, or work in or for any agency or other entity of the Government of the United States, a State, or a political subdivision of a State, or any compensation or benefit of such employment, position, or work; or

(2) any payment or benefit of a program of the United States, a State, or a political subdivision of a State;

if such employment, position, work, compensation, payment, or benefit is provided for or made possible in whole or in part by an Act of Congress, shall be fined under this title, or imprisoned not more than one year, or both.

(b) As used in this section--

(1) the term “candidate” means an individual who seeks nomination for election, or election, to Federal, State, or local office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal, State, or local office, if he has (A) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, or (B) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office;

(2) the term “election” means (A) a general, special primary, or runoff election, (B) a convention or caucus of a political party held to nominate a candidate, (C) a primary election held for the selection of delegates to a nominating convention of a political party, (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any State; and

(3) the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 721; Oct. 2, 1976, Pub.L. 94-453, § 1, 90 Stat. 1516; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 602

Effective: December 20, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 602. Solicitation of political contributions

(a) It shall be unlawful for--

(1) a candidate for the Congress;

(2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;

(3) an officer or employee of the United States or any department or agency thereof; or

(4) a person receiving any salary or compensation for services from money derived from the Treasury of the United States; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 [2 U.S.C.A. § 431(8)] from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both.

(b) The prohibition in subsection (a) shall not apply to any activity of an employee (as defined in section 7322(1) of title 5) or any individual employed in or under the United States Postal Service or the Postal Regulatory Commission, unless that activity is prohibited by section 7323 or 7324 of such title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 722; Jan. 8, 1980, Pub.L. 96-187, Title II, § 201(a) (3), 93 Stat. 1367; Oct. 6, 1993, Pub.L. 103-94, § 4(a), 107 Stat. 1004; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Dec. 20, 2006, Pub.L. 109-435, Title VI, § 604(f), 120 Stat. 3242.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 603

Effective: December 20, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 603. Making political contributions

(a) It shall be unlawful for an officer or employee of the United States or any department or agency thereof, or a person receiving any salary or compensation for services from money derived from the Treasury of the United States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 to any other such officer, employee or person or to any Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, if the person receiving such contribution is the employer or employing authority of the person making the contribution. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both.

(b) For purposes of this section, a contribution to an authorized committee as defined in section 302(e) (1) of the Federal Election Campaign Act of 1971 shall be considered a contribution to the individual who has authorized such committee.

(c) The prohibition in subsection (a) shall not apply to any activity of an employee (as defined in section 7322(1) of title 5) or any individual employed in or under the United States Postal Service or the Postal Regulatory Commission, unless that activity is prohibited by section 7323 or 7324 of such title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 722; Oct. 31, 1951, c. 655, § 20(b), 65 Stat. 718; Jan. 8, 1980, Pub.L. 96-187, Title II, § 201(a)(4), 93 Stat. 1367; Oct. 6, 1993, Pub.L. 103-94, § 4(b), 107 Stat. 1005; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Dec. 20, 2006, Pub.L. 109-435, Title VI, § 604(f), 120 Stat. 3242.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 604

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 604. Solicitation from persons on relief

Whoever solicits or receives or is in any manner concerned in soliciting or receiving any assessment, subscription, or contribution for any political purpose from any person known by him to be entitled to, or receiving compensation, employment, or other benefit provided for or made possible by any Act of Congress appropriating funds for work relief or relief purposes, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 722; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 605

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 605. Disclosure of names of persons on relief

Whoever, for political purposes, furnishes or discloses any list or names of persons receiving compensation, employment or benefits provided for or made possible by any Act of Congress appropriating, or authorizing the appropriation of funds for work relief or relief purposes, to a political candidate, committee, campaign manager, or to any person for delivery to a political candidate, committee, or campaign manager; and

Whoever receives any such list or names for political purposes--

Shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 722; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 606

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 606. Intimidation to secure political contributions

Whoever, being one of the officers or employees of the United States mentioned in section 602 of this title, discharges, or promotes, or degrades, or in any manner changes the official rank or compensation of any other officer or employee, or promises or threatens so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose, shall be fined under this title or imprisoned not more than three years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 722; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 607

Effective: November 6, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 607. Place of solicitation

(a) Prohibition.--

(1) In general.--It shall be unlawful for any person to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election from a person who is located in a room or building occupied in the discharge of official duties by an officer or employee of the United States. It shall be unlawful for an individual who is an officer or employee of the Federal Government, including the President, Vice President, and Members of Congress, to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election, while in any room or building occupied in the discharge of official duties by an officer or employee of the United States, from any person.

(2) Penalty.--A person who violates this section shall be fined not more than $5,000, imprisoned not more than 3 years, or both.

(b) The prohibition in subsection (a) shall not apply to the receipt of contributions by persons on the staff of a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress or Executive Office of the President, provided, that such contributions have not been solicited in any manner which directs the contributor to mail or deliver a contribution to any room, building, or other facility referred to in subsection (a), and provided that such contributions are transferred within seven days of receipt to a political committee within the meaning of section 302(e) of the Federal Election Campaign Act of 1971.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 722; Jan. 8, 1980, Pub.L. 96-187, Title II, § 201(a)(5), 93 Stat. 1367; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147; Mar. 27, 2002, Pub.L. 107-155, Title III, § 302, 116 Stat. 96.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 608

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 608. Absent uniformed services voters and overseas voters

(a) Whoever knowingly deprives or attempts to deprive any person of a right under the Uniformed and Overseas Citizens Absentee Voting Act shall be fined in accordance with this title or imprisoned not more than five years, or both.

(b) Whoever knowingly gives false information for the purpose of establishing the eligibility of any person to register or vote under the Uniformed and Overseas Citizens Absentee Voting Act, or pays or offers to pay, or accepts payment for registering or voting under such Act shall be fined in accordance with this title or imprisoned not more than five years, or both.

CREDIT(S)

(Added Pub.L. 99-410, Title II, § 202(a), Aug. 28, 1986, 100 Stat. 929.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 609

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 609. Use of military authority to influence vote of member of Armed Forces

Whoever, being a commissioned, noncommissioned, warrant, or petty officer of an Armed Force, uses military authority to influence the vote of a member of the Armed Forces or to require a member of the Armed Forces to march to a polling place, or attempts to do so, shall be fined in accordance with this title or imprisoned not more than five years, or both. Nothing in this section shall prohibit free discussion of political issues or candidates for public office.

CREDIT(S)

(Added Pub.L. 99-410, Title II, § 202(a), Aug. 28, 1986, 100 Stat. 929.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 610

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 610. Coercion of political activity

It shall be unlawful for any person to intimidate, threaten, command, or coerce, or attempt to intimidate, threaten, command, or coerce, any employee of the Federal Government as defined in section 7322(1) of title 5, United States Code, to engage in, or not to engage in, any political activity, including, but not limited to, voting or refusing to vote for any candidate or measure in any election, making or refusing to make any political contribution, or working or refusing to work on behalf of any candidate. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both.

CREDIT(S)

(Added Pub.L. 103-94, § 4(c)(1), Oct. 6, 1993, 107 Stat. 1005; amended Pub.L. 104-294, Title VI, § 601(a)(1), Oct. 11, 1996, 110 Stat. 3498.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 611

Effective: October 30, 2000

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

§ 611. Voting by aliens

(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless--

(1) the election is held partly for some other purpose;

(2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and

(3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.

(b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.

(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);

(2) the alien permanently resided in the United States prior to attaining the age of 16; and

(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

CREDIT(S)

(Added Pub.L. 104-208, Div. C, Title II, § 216(a), Sept. 30, 1996, 110 Stat. 3009-572; amended Pub.L. 106-395, Title II, § 201(d)(1), Oct. 30, 2000, 114 Stat. 1635.)

2000 Acts. Pub.L. 106-395, Title II, § 201(d)(3), Oct. 30, 2000, 114 Stat. 1636, provided that: “The amendment made by paragraph (1) [adding subsec. (c) to this section] shall be effective as if included in the enactment of section 216 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-572) [Pub.L. 104-208, Div. C, § 216, Sept. 30, 1996, 110 Stat. 3009-572, which enacted this section]. The amendment made by paragraph (2)[amending section 1015 of this title] shall be effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-572) [Pub.L. 104-208, Div. C, § 215, Sept. 30, 1996, 110 Stat. 572, which enacted section 1015 of this title]. The amendments made by paragraphs (1) and (2) shall apply to an alien prosecuted on or after September 30, 1996, except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before the date of the enactment of this Act [Oct. 30, 2000].”

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 612

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

[§§ 612 to 617. Repealed. Pub.L. 94-283, Title II, § 201(a), May 11, 1976, 90 Stat. 496]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 613

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

[§§ 612 to 617. Repealed. Pub.L. 94-283, Title II, § 201(a), May 11, 1976, 90 Stat. 496]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 614

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

[§§ 612 to 617. Repealed. Pub.L. 94-283, Title II, § 201(a), May 11, 1976, 90 Stat. 496]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 615

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

[§§ 612 to 617. Repealed. Pub.L. 94-283, Title II, § 201(a), May 11, 1976, 90 Stat. 496]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 616

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

[§§ 612 to 617. Repealed. Pub.L. 94-283, Title II, § 201(a), May 11, 1976, 90 Stat. 496]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 617

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 29. Elections and Political Activities

[§§ 612 to 617. Repealed. Pub.L. 94-283, Title II, § 201(a), May 11, 1976, 90 Stat. 496]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 31, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 31. Embezzlement and Theft

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 641

Effective: July 15, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 641. Public money, property or records

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted--

Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 725; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (L), 108 Stat. 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511; July 15, 2004, Pub.L. 108-275, § 4, 118 Stat. 833.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 642

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 642. Tools and materials for counterfeiting purposes

Whoever, without authority from the United States, secretes within, or embezzles, or takes and carries away from any building, room, office, apartment, vault, safe, or other place where the same is kept, used, employed, placed, lodged, or deposited by authority of the United States, any tool, implement, or thing used or fitted to be used in stamping or printing, or in making some other tool or implement used or fitted to be used in stamping or printing any kind or description of bond, bill, note, certificate, coupon, postage stamp, revenue stamp, fractional currency note, or other paper, instrument, obligation, device, or document, authorized by law to be printed, stamped, sealed, prepared, issued, uttered, or put in circulation on behalf of the United States; or

Whoever, without such authority, so secretes, embezzles, or takes and carries away any paper, parchment, or other material prepared and intended to be used in the making of any such papers, instruments, obligations, devices, or documents; or

Whoever, without such authority, so secretes, embezzles, or takes and carries away any paper, parchment, or other material printed or stamped, in whole or part, and intended to be prepared, issued, or put in circulation on behalf of the United States as one of such papers, instruments, or obligations, or printed or stamped, in whole or part, in the similitude of any such paper, instrument, or obligation, whether intended to issue or put the same in circulation or not--

Shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 725; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 643

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 643. Accounting generally for public money

Whoever, being an officer, employee or agent of the United States or of any department or agency thereof, having received public money which he is not authorized to retain as salary, pay, or emolument, fails to render his accounts for the same as provided by law is guilty of embezzlement, and shall be fined under this title or in a sum equal to the amount of the money embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 726; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(G), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 644

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 644. Banker receiving unauthorized deposit of public money

Whoever, not being an authorized depositary of public moneys, knowingly receives from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law is guilty of embezzlement and shall be fined under this title or not more than the amount so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 726; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(2)(G), 108 Stat. 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 645

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 645. Court officers generally

Whoever, being a United States marshal, clerk, receiver, referee, trustee, or other officer of a United States court, or any deputy, assistant, or employee of any such officer, retains or converts to his own use or to the use of another or after demand by the party entitled thereto, unlawfully retains any money coming into his hands by virtue of his official relation, position or employment, is guilty of embezzlement and shall, where the offense is not otherwise punishable by enactment of Congress, be fined under this title or not more than double the value of the money so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

It shall not be a defense that the accused person had any interest in such moneys or fund.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 726; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(G), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 646

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 646. Court officers depositing registry moneys

Whoever, being a clerk or other officer of a court of the United States, fails to deposit promptly any money belonging in the registry of the court, or paid into court or received by the officers thereof, with the Treasurer or a designated depositary of the United States, in the name and to the credit of such court, or retains or converts to his own use or to the use of another any such money, is guilty of embezzlement and shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

This section shall not prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 726; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(H), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 647

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 647. Receiving loan from court officer

Whoever knowingly receives, from a clerk or other officer of a court of the United States, as a deposit, loan, or otherwise, any money belonging in the registry of such court, is guilty of embezzlement, and shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 727; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(G), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 648

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 648. Custodians, generally, misusing public funds

Whoever, being an officer or other person charged by any Act of Congress with the safe-keeping of the public moneys, loans, uses, or converts to his own use, or deposits in any bank, including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978, or exchanges for other funds, except as specially allowed by law, any portion of the public moneys intrusted to him for safe-keeping, is guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined under this title or in a sum equal to the amount of money so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 727; Nov. 29, 1990, Pub.L. 101-647, Title XXV, § 2597(d), 104 Stat. 4909; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(G), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 649

Effective: July 7, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 649. Custodians failing to deposit moneys; persons affected

(a) Whoever, having money of the United States in his possession or under his control, fails to deposit it with the Treasurer or some public depositary of the United States, when required so to do by the Secretary of the Treasury or the head of any other proper department or agency or by the Government Accountability Office, is guilty of embezzlement, and shall be fined under this title or in a sum equal to the amount of money embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both.

(b) This section and sections 643, 648, 650 and 653 of this title shall apply to all persons charged with the safe-keeping, transfer, or disbursement of the public money, whether such persons be charged as receivers or depositaries of the same.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 727; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(G), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511; July 7, 2004, Pub.L. 108-271, § 8(b), 118 Stat. 814.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 650

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 650. Depositaries failing to safeguard deposits

If the Treasurer of the United States or any public depositary fails to keep safely all moneys deposited by any disbursing officer or disbursing agent, as well as all moneys deposited by any receiver, collector, or other person having money of the United States, he is guilty of embezzlement, and shall be fined under this title or in a sum equal to the amount of money so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 727; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(G), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 651

Effective: July 7, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 651. Disbursing officer falsely certifying full payment

Whoever, being an officer charged with the disbursement of the public moneys, accepts, receives, or transmits to the Government Accountability Office to be allowed in his favor any receipt or voucher from a creditor of the United States without having paid the full amount specified therein to such creditor in such funds as the officer received for disbursement, or in such funds as he may be authorized by law to take in exchange, shall be fined under this title or in double the amount so withheld, whichever is greater, or imprisoned not more than two years, or both; but if the amount withheld does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 652

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 652. Disbursing officer paying lesser in lieu of lawful amount

Whoever, being an officer, clerk, agent, employee, or other person charged with the payment of any appropriation made by Congress, pays to any clerk or other employee of the United States, or of any department or agency thereof, a sum less than that provided by law, and requires such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined under this title or in double the amount so withheld, whichever is greater, or imprisoned not more than two years, or both; but if the amount embezzled is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 727; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(G), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 653

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 653. Disbursing officer misusing public funds

Whoever, being a disbursing officer of the United States, or any department or agency thereof, or a person acting as such, in any manner converts to his own use, or loans with or without interest, or deposits in any place or in any manner, except as authorized by law, any public money intrusted to him; or, for any purpose not prescribed by law, withdraws from the Treasury or any authorized depositary, or transfers, or applies, any portion of the public money intrusted to him, is guilty of embezzlement of the money so converted, loaned, deposited, withdrawn, transferred, or applied, and shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 728; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(G), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 654

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 654. Officer or employee of United States converting property of another

Whoever, being an officer or employee of the United States or of any department or agency thereof, embezzles or wrongfully converts to his own use the money or property of another which comes into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or employee, shall be fined under this title or not more than the value of the money and property thus embezzled or converted, whichever is greater, or imprisoned not more than ten years, or both; but if the sum embezzled is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 728; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (2)(H), 108 Stat. 2147, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 655

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 655. Theft by bank examiner

Whoever, being a bank examiner or assistant examiner, steals, or unlawfully takes, or unlawfully conceals any money, note, draft, bond, or security or any other property of value in the possession of any bank or banking institution which is a member of the Federal Reserve System, which is insured by the Federal Deposit Insurance Corporation, which is a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978, or which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act, or from any safe deposit box in or adjacent to the premises of such bank, branch, agency, or organization, shall be fined under this title or imprisoned not more than five years, or both; but if the amount taken or concealed does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both; and shall be disqualified from holding office as a national bank examiner or Federal Deposit Insurance Corporation examiner.

This section shall apply to all public examiners and assistant examiners who examine member banks of the Federal Reserve System, banks the deposits of which are insured by the Federal Deposit Insurance Corporation, branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978, or organizations operating under section 25 or section 25(a) of the Federal Reserve Act, whether appointed by the Comptroller of the Currency, by the Board of Governors of the Federal Reserve System, by a Federal Reserve Agent, by a Federal Reserve bank, or by the Federal Deposit Insurance Corporation, or appointed or elected under the laws of any State; but shall not apply to private examiners or assistant examiners employed only by a clearing-house association or by the directors of a bank.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 728; Nov. 29, 1990, Pub.L. 101-647, Title XXV, § 2597(e), 104 Stat. 4909; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (K), 108 Stat. 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 656

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 656. Theft, embezzlement, or misapplication by bank officer or employee

Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both; but if the amount embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

As used in this section, the term “national bank” is synonymous with “national banking association”; “member bank” means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks; “insured bank” includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; and the term “branch or agency of a foreign bank” means a branch or agency described in section 20(9) of this title. For purposes of this section, the term “depository institution holding company” has the meaning given such term in section 3 of the Federal Deposit Insurance Act.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 729; Aug. 9, 1989, Pub.L. 101-73, Title IX, § 961(b), 103 Stat. 499; Nov. 29, 1990, Pub.L. 101-647, Title XXV, §§ 2504(b), 2595(a)(1), 2597(f), 104 Stat. 4861, 4906, 4909; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, §§ 601(f)(1), 606(a), 110 Stat. 3499, 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 657

Effective: July 21, 2011

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 657. Lending, credit and insurance institutions

Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency, Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank (as defined in section 656), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, or any community development financial institution receiving financial assistance under the Riegle Community Development and Regulatory Improvement Act of 1994, and whoever, being a receiver of any such institution, or agent or employee of the receiver, embezzles, abstracts, purloins or willfully misapplies any moneys, funds, credits, securities or other things of value belonging to such institution, or pledged or otherwise intrusted to its care, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both; but if the amount or value embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 729; May 24, 1949, c. 139, § 11, 63 Stat. 90; July 28, 1956, c. 773, § 1, 70 Stat. 714; Aug. 21, 1958, Pub.L. 85-699, Title VII, § 703, 72 Stat. 698; Oct. 4, 1961, Pub.L. 87-353, § 3(q), 75 Stat. 774; May 25, 1967, Pub.L. 90-19, § 24(a), 81 Stat. 27; Oct. 19, 1970, Pub.L. 91-468, § 4, 84 Stat. 1016; Aug. 9, 1989, Pub.L. 101-73, Title IX, §§ 961(c), 962(a)(7), (8)(A), 103 Stat. 499, 502; Nov. 28, 1990, Pub.L. 101-624, Title XXIII, § 2303(e), 104 Stat. 3981; Nov. 29, 1990, Pub.L. 101-647, Title XVI, § 1603, Title XXV, §§ 2504(c), 2595(a)(2), 104 Stat. 4843, 4861, 4907; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, §§ 330004(6), 330016(1)(H), 108 Stat. 2141, 2147; Sept. 23, 1994, Pub.L. 103-325, Title I, § 119(c), 108 Stat. 2188; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511; Oct. 22, 1999, Pub.L. 106-78, Title VII, § 767, 113 Stat. 1174; Pub.L. 110-289, Div. A, Title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub.L. 111-203, Title III, § 377(2), July 21, 2010, 124 Stat. 1569.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 658

Effective: October 22, 1999

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 658. Property mortgaged or pledged to farm credit agencies

Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or to that of another, any property mortgaged or pledged to, or held by, the Farm Credit Administration, any Federal intermediate credit bank, or the Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any production credit association organized under sections 1131-1134m of Title 12, any regional agricultural credit corporation, or any bank for cooperatives, shall be fined under this title or imprisoned not more than five years, or both; but if the value of such property does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 729; May 24, 1949, c. 139, § 12, 63 Stat. 91; Oct. 31, 1951, c. 655, § 21, 65 Stat. 718; July 26, 1956, c. 741, Title I, § 109, 70 Stat. 667; Oct. 4, 1961, Pub.L. 87-353, § 3(r), 75 Stat. 774; Nov. 28, 1990, Pub.L. 101-624, Title XXIII, § 2303(e), 104 Stat. 3981; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, §§ 330004(7), 330016(1)(H), (K), 108 Stat. 2141, 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511; Oct. 22, 1999, Pub.L. 106-78, Title VII, § 767, 113 Stat. 1174.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 659

Effective: October 5, 2012

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 659. Interstate or foreign shipments by carrier; State prosecutions

Whoever embezzles, steals, or unlawfully takes, carries away, or conceals, or by fraud or deception obtains from any pipeline system, railroad car, wagon, motortruck, trailer, or other vehicle, or from any tank or storage facility, station, station house, platform or depot or from any steamboat, vessel, or wharf, or from any aircraft, air cargo container, air terminal, airport, aircraft terminal or air navigation facility, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility, with intent to convert to his own use any goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment of freight, express, or other property; or

Whoever buys or receives or has in his possession any such goods or chattels, knowing the same to have been embezzled or stolen; or

Whoever embezzles, steals, or unlawfully takes, carries away, or by fraud or deception obtains with intent to convert to his own use any baggage which shall have come into the possession of any common carrier for transportation in interstate or foreign commerce or breaks into, steals, takes, carries away, or conceals any of the contents of such baggage, or buys, receives, or has in his possession any such baggage or any article therefrom of whatever nature, knowing the same to have been embezzled or stolen; or

Whoever embezzles, steals, or unlawfully takes by any fraudulent device, scheme, or game, from any railroad car, bus, vehicle, steamboat, vessel, or aircraft operated by any common carrier moving in interstate or foreign commerce or from any passenger thereon any money, baggage, goods, or chattels, or whoever buys, receives, or has in his possession any such money, baggage, goods, or chattels, knowing the same to have been embezzled or stolen--

Shall be fined under this title or imprisoned not more than 10 years, or both, but if the amount or value of such money, baggage, goods, or chattels is less than $1,000, shall be fined under this title or imprisoned for not more than 3 years, or both. If the offense involves a pre-retail medical product (as defined in section 670), it shall be punished under section 670 unless the penalties provided for under this section are greater.

The offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said money, baggage, goods, or chattels.

The carrying or transporting of any such money, freight, express, baggage, goods, or chattels in interstate or foreign commerce, knowing the same to have been stolen, shall constitute a separate offense and subject the offender to the penalties under this section for unlawful taking, and the offense shall be deemed to have been committed in any district into which such money, freight, express, baggage, goods, or chattels shall have been removed or into which the same shall have been brought by such offender.

To establish the interstate or foreign commerce character of any shipment in any prosecution under this section the waybill or other shipping document of such shipment shall be prima facie evidence of the place from which and to which such shipment was made. For purposes of this section, goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transshipment or otherwise. The removal of property from a pipeline system which extends interstate shall be prima facie evidence of the interstate character of the shipment of the property.

A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 729; May 24, 1949, c. 139, § 13, 63 Stat. 91; Oct. 14, 1966, Pub.L. 89-654, § 1(a) to (d), 80 Stat. 904; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (K), 108 Stat. 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511; Mar. 9, 2006, Pub.L. 109-177, Title III, § 307(a), 120 Stat. 240; Pub.L. 112-186, § 4(a), Oct. 5, 2012, 126 Stat. 1428.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 660

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 660. Carrier's funds derived from commerce; State prosecutions

Whoever, being a president, director, officer, or manager of any firm, association, or corporation engaged in commerce as a common carrier, or whoever, being an employee of such common carrier riding in or upon any railroad car, motortruck, steamboat, vessel, aircraft or other vehicle of such carrier moving in interstate commerce, embezzles, steals, abstracts, or willfully misapplies, or willfully permits to be misapplied, any of the moneys, funds, credits, securities, property, or assets of such firm, association, or corporation arising or accruing from, or used in, such commerce, in whole or in part, or willfully or knowingly converts the same to his own use or to the use of another, shall be fined under this title or imprisoned not more than ten years, or both.

The offense shall be deemed to have been committed not only in the district where the violation first occurred but also in any district in which the defendant may have taken or had possession of such moneys, funds, credits, securities, property or assets.

A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 730; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 661

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 661. Within special maritime and territorial jurisdiction

Whoever, within the special maritime and territorial jurisdiction of the United States, takes and carries away, with intent to steal or purloin, any personal property of another shall be punished as follows:

If the property taken is of a value exceeding $1,000, or is taken from the person of another, by a fine under this title, or imprisonment for not more than five years, or both; in all other cases, by a fine under this title or by imprisonment not more than one year, or both.

If the property stolen consists of any evidence of debt, or other written instrument, the amount of money due thereon, or secured to be paid thereby and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, shall be the value of the property stolen.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 731; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (K), 108 Stat. 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, §§ 601(a)(3), 606(a), 110 Stat. 3498, 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 662

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 662. Receiving stolen property within special maritime and territorial jurisdiction

Whoever, within the special maritime and territorial jurisdiction of the United States, buys, receives, or conceals any money, goods, bank notes, or other thing which may be the subject of larceny, which has been feloniously taken, stolen, or embezzled, from any other person, knowing the same to have been so taken, stolen, or embezzled, shall be fined under this title or imprisoned not more than three years, or both; but if the amount or value of thing so taken, stolen or embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 731; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 606(a), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 663

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 663. Solicitation or use of gifts

Whoever solicits any gift of money or other property, and represents that such gift is being solicited for the use of the United States, with the intention of embezzling, stealing, or purloining such gift, or converting the same to any other use or purpose, or whoever, having come into possession of any money or property which has been donated by the owner thereof for the use of the United States, embezzles, steals or purloins such money or property, or converts the same to any other use or purpose, shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 731; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 664

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 664. Theft or embezzlement from employee benefit plan

Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare benefit plan or employee pension benefit plan, or of any fund connected therewith, shall be fined under this title, or imprisoned not more than five years, or both.

As used in this section, the term “any employee welfare benefit plan or employee pension benefit plan” means any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974.

CREDIT(S)

(Added Pub.L. 87-420, § 17(a), Mar. 20, 1962, 76 Stat. 41; amended Pub.L. 93-406, Title I, § 111(a)(2)(A), Sept. 2, 1974, 88 Stat. 851; Pub.L. 103-322, Title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 665

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 665. Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations

(a) Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 knowingly enrolls an ineligible participant, embezzles, willfully misapplies, steals, or obtains by fraud any of the moneys, funds, assets, or property which are the subject of a financial assistance agreement or contract pursuant to such Act shall be fined under this title or imprisoned for not more than 2 years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $1,000, such person shall be fined under this title or imprisoned not more than 1 year, or both.

(b) Whoever, by threat or procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a financial assistance agreement or contract under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 induces any person to give up any money or thing of any value to any person (including such organization or agency receiving funds) shall be fined under this title, or imprisoned not more than 1 year, or both.

(c) Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998, or the regulations thereunder, shall be punished by a fine under this title, or by imprisonment for not more than 1 year, or by both such fine and imprisonment.

CREDIT(S)

(Added Pub.L. 93-203, Title VII, § 711(a), formerly Title VI, § 611(a), Dec. 28, 1973, 87 Stat. 881; renumbered Title VII, § 711(a), Pub.L. 93-567, Title I, § 101, Dec. 31, 1974, 88 Stat. 1845; amended Pub.L. 95-524, § 3(a), Oct. 27, 1978, 92 Stat. 2017; Pub.L. 97-300, Title I, § 182, Oct. 13, 1982, 96 Stat. 1357; Pub.L. 101-647, Title XXXV, § 3517, Nov. 29, 1990, 104 Stat. 4923; Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147; Pub.L. 104-294, Title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511; Pub.L. 105-277, Div. A, § 101(f) [Title VIII, § 405(d)(13)], Oct. 21, 1998, 112 Stat. 2681-420; Pub.L. 107-273, Div. B, Title IV, § 4002(d)(1)(B), Nov. 2, 2002, 116 Stat. 1809.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 666

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 666. Theft or bribery concerning programs receiving Federal funds

(a) Whoever, if the circumstance described in subsection (b) of this section exists--

(1) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof--

(A) embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that--

(i) is valued at $5,000 or more, and

(ii) is owned by, or is under the care, custody, or control of such organization, government, or agency; or

(B) corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more; or

(2) corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more;

shall be fined under this title, imprisoned not more than 10 years, or both.

(b) The circumstance referred to in subsection (a) of this section is that the organization, government, or agency receives, in any one year period, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance.

(c) This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.

(d) As used in this section--

(1) the term “agent” means a person authorized to act on behalf of another person or a government and, in the case of an organization or government, includes a servant or employee, and a partner, director, officer, manager, and representative;

(2) the term “government agency” means a subdivision of the executive, legislative, judicial, or other branch of government, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government or governments for the execution of a governmental or intergovernmental program;

(3) the term “local” means of or pertaining to a political subdivision within a State;

(4) the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and

(5) the term “in any one-year period” means a continuous period that commences no earlier than twelve months before the commission of the offense or that ends no later than twelve months after the commission of the offense. Such period may include time both before and after the commission of the offense.

CREDIT(S)

(Added Pub.L. 98-473, Title II, § 1104(a), Oct. 12, 1984, 98 Stat. 2143; amended Pub.L. 99-646, § 59(a), Nov. 10, 1986, 100 Stat. 3612; Pub.L. 101-647, Title XII, §§ 1205(d), 1209, Nov. 29, 1990, 104 Stat. 4831, 4832; Pub.L. 103-322, Title XXXIII, § 330003(c), Sept. 13, 1994, 108 Stat. 2140.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 667

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 667. Theft of livestock

Whoever obtains or uses the property of another which has a value of $10,000 or more in connection with the marketing of livestock in interstate or foreign commerce with intent to deprive the other of a right to the property or a benefit of the property or to appropriate the property to his own use or the use of another shall be fined under this title or imprisoned not more than five years, or both. The term “livestock” has the meaning set forth in section 2311 of this title.

CREDIT(S)

(Added Pub.L. 98-473, Title II, § 1111, Oct. 12, 1984, 98 Stat. 2149; amended Pub.L. 103-322, Title XXXIII, §§ 330009(b), 330016(1)(L), Sept. 13, 1994, 108 Stat. 2143, 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 668

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 668. Theft of major artwork

(a) Definitions

In this section--

(1) “museum” means an organized and permanent institution, the activities of which affect interstate or foreign commerce, that--

(A) is situated in the United States;

(B) is established for an essentially educational or aesthetic purpose;

(D) owns, utilizes, and cares for tangible objects that are exhibited to the public on a regular schedule.

(2) “object of cultural heritage” means an object that is--

(A) over 100 years old and worth in excess of $5,000; or

(B) worth at least $100,000.

(b) Offenses

A person who--

(1) steals or obtains by fraud from the care, custody, or control of a museum any object of cultural heritage; or

(2) knowing that an object of cultural heritage has been stolen or obtained by fraud, if in fact the object was stolen or obtained from the care, custody, or control of a museum (whether or not that fact is known to the person), receives, conceals, exhibits, or disposes of the object,

shall be fined under this title, imprisoned not more than 10 years, or both.

CREDIT(S)

(Added Pub.L. 103-322, Title XXXII, § 320902(a), Sept. 13, 1994, 108 Stat. 2123; amended Pub.L. 104-294, Title VI, § 604(b)(18), Oct. 11, 1996, 110 Stat. 3507.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 669

Effective: August 21, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 669. Theft or embezzlement in connection with health care

(a) Whoever knowingly and willfully embezzles, steals, or otherwise without authority converts to the use of any person other than the rightful owner, or intentionally misapplies any of the moneys, funds, securities, premiums, credits, property, or other assets of a health care benefit program, shall be fined under this title or imprisoned not more than 10 years, or both; but if the value of such property does not exceed the sum of $100 the defendant shall be fined under this title or imprisoned not more than one year, or both.

(b) As used in this section, the term “health care benefit program” has the meaning given such term in section 24(b) of this title.

CREDIT(S)

(Added Pub.L. 104-191, Title II, § 243(a), Aug. 21, 1996, 110 Stat. 2017.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 670

Effective: October 5, 2012

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 31. Embezzlement and Theft (Refs & Annos)

§ 670. Theft of medical products

(a) Prohibited conduct.--Whoever, in, or using any means or facility of, interstate or foreign commerce--

(1) embezzles, steals, or by fraud or deception obtains, or knowingly and unlawfully takes, carries away, or conceals a pre-retail medical product;

(2) knowingly and falsely makes, alters, forges, or counterfeits the labeling or documentation (including documentation relating to origination or shipping) of a pre-retail medical product;

(3) knowingly possesses, transports, or traffics in a pre-retail medical product that was involved in a violation of paragraph (1) or (2);

(4) with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen;

(5) with intent to defraud, sells, or distributes, a pre-retail medical product that is expired or stolen; or

(6) attempts or conspires to violate any of paragraphs (1) through (5);

shall be punished as provided in subsection (c) and subject to the other sanctions provided in this section.

(b) Aggravated offenses.--An offense under this section is an aggravated offense if--

(1) the defendant is employed by, or is an agent of, an organization in the supply chain for the pre-retail medical product; or

(2) the violation--

(A) involves the use of violence, force, or a threat of violence or force;

(B) involves the use of a deadly weapon;

(C) results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; or

(D) is subsequent to a prior conviction for an offense under this section.

(1) if the offense is an aggravated offense under subsection (b)(2)(C), shall be fined under this title or imprisoned not more than 30 years, or both;

(2) if the value of the medical products involved in the offense is $5,000 or greater, shall be fined under this title, imprisoned for not more than 15 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 20 years; and

(3) in any other case, shall be fined under this title, imprisoned for not more than 3 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 5 years.

(d) Civil penalties.--Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater of--

(1) three times the economic loss attributable to the violation; or

(2) $1,000,000.

(e) Definitions.--In this section--

(1) the term “pre-retail medical product” means a medical product that has not yet been made available for retail purchase by a consumer;

(2) the term “medical product” means a drug, biological product, device, medical food, or infant formula;

(3) the terms “device”, “drug”, “infant formula”, and “labeling” have, respectively, the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act;

(4) the term “biological product” has the meaning given the term in section 351 of the Public Health Service Act;

(5) the term “medical food” has the meaning given the term in section 5(b) of the Orphan Drug Act; and

(6) the term “supply chain” includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.

CREDIT(S)

(Added Pub.L. 112-186, § 2(a), Oct. 5, 2012, 126 Stat. 1427.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 700

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 700. Desecration of the flag of the United States; penalties

(a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.

(2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.

(b) As used in this section, the term “flag of the United States” means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.

(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section.

(d)(1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a).

(2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.

CREDIT(S)

(Added Pub.L. 90-381, § 1, July 5, 1968, 82 Stat. 291; amended Pub.L. 101-131, §§ 2, 3, Oct. 28, 1989, 103 Stat. 777.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 701

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 701. Official badges, identification cards, other insignia

Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 731; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(E), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 702

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 702. Uniform of armed forces and Public Health Service

Whoever, in any place within the jurisdiction of the United States or in the Canal Zone, without authority, wears the uniform or a distinctive part thereof or anything similar to a distinctive part of the uniform of any of the armed forces of the United States, Public Health Service or any auxiliary of such, shall be fined under this title or imprisoned not more than six months, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 732; May 24, 1949, c. 139, § 15(a), 63 Stat. 91; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(E), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 703

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 703. Uniform of friendly nation

Whoever, within the jurisdiction of the United States, with intent to deceive or mislead, wears any naval, military, police, or other official uniform, decoration, or regalia of any foreign state, nation, or government with which the United States is at peace, or anything so nearly resembling the same as to be calculated to deceive, shall be fined under this title or imprisoned not more than six months, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 732; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(E), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 704

Effective: December 20, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 704. Military medals or decorations

(a) In general.--Whoever knowingly wears, purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

(b) False claims about receipt of military decorations or medals.--Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be fined under this title, imprisoned not more than six months, or both.

(1) In general.--If a decoration or medal involved in an offense under subsection (a) or (b) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

(2) Congressional Medal of Honor defined.--In this subsection, the term “Congressional Medal of Honor” means--

(A) a medal of honor awarded under section 3741, 6241, or 8741 of title 10 or section 491 of title 14;

(B) a duplicate medal of honor issued under section 3754, 6256, or 8754 of title 10 or section 504 of title 14; or

(d) Enhanced penalty for offenses involving certain other medals.--If a decoration or medal involved in an offense described in subsection (a) or (b) is a distinguished-service cross awarded under section 3742 of title 10, a Navy cross awarded under section 6242 of title 10, an Air Force cross awarded under section 8742 of section 10, a silver star awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart awarded under section 1129 of title 10, or any replacement or duplicate medal for such medal as authorized by law, in lieu of the punishment provided in the applicable subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 732; May 24, 1949, c. 139, § 16, 63 Stat. 92; Sept. 13, 1994, Pub.L. 103-322, Title XXXII, § 320109, Title XXXIII, § 330016(1)(E), 108 Stat. 2113, 2146; Nov. 2, 1994, Pub.L. 103-442, 108 Stat. 4630; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 604(b)(16), 110 Stat. 3507; December 28, 2001, Pub.L. 107-107, Div. A, Title V, § 553(e), 115 Stat. 1117; Dec. 20, 2006, Pub.L. 109-437, § 3, 120 Stat. 3266.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 705

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 705. Badge or medal of veterans' organizations

Whoever knowingly manufactures, reproduces, sells or purchases for resale, either separately or on or appended to, any article of merchandise manufactured or sold, any badge, medal, emblem, or other insignia or any colorable imitation thereof, of any veterans' organization incorporated by enactment of Congress, or of any organization formally recognized by any such veterans' organization as an auxiliary of such veterans' organization, or knowingly prints, lithographs, engraves or otherwise reproduces on any poster, circular, periodical, magazine, newspaper, or other publication, or circulates or distributes any such printed matter bearing a reproduction of such badge, medal, emblem, or other insignia or any colorable imitation thereof, except when authorized under rules and regulations prescribed by any such organization, shall be fined under this title or imprisoned not more than six months, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 732; Aug. 4, 1950, c. 578, 64 Stat. 413; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(E), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 706

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 706. Red Cross

Whoever wears or displays the sign of the Red Cross or any insignia colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of or an agent for the American National Red Cross; or

Whoever, whether a corporation, association or person, other than the American National Red Cross and its duly authorized employees and agents and the sanitary and hospital authorities of the armed forces of the United States, uses the emblem of the Greek red cross on a white ground, or any sign or insignia made or colored in imitation thereof or the words “Red Cross” or “Geneva Cross” or any combination of these words--

Shall be fined under this title or imprisoned not more than six months, or both.

This section shall not make unlawful the use of any such emblem, sign, insignia or words which was lawful on the date of enactment of this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 732; May 24, 1949, c. 139, § 17, 63 Stat. 92; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(E), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 706a

Effective: January 12, 2007

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 706a. Geneva distinctive emblems

(a) Whoever wears or displays the sign of the Red Crescent or the Third Protocol Emblem (the Red Crystal), or any insignia colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of or an agent for an authorized national society using the Red Crescent or the Third Protocol Emblem, the International Committee of the Red Cross, or the International Federation of Red Cross and Red Crescent Societies shall be fined under this title or imprisoned not more than 6 months, or both.

(b) Except as set forth in section (c) and (d), whoever, whether a corporation, association, or person, uses the emblem of the Red Crescent or the Third Protocol Emblem on a white ground or any sign or insignia made or colored in imitation thereof or the designations “Red Crescent” or “Third Protocol Emblem” shall be fined under this title or imprisoned not more than 6 months, or both.

(c) The following may use such emblems and designations consistent with the Geneva Conventions of August 12, 1949, and, if applicable, the Additional Protocols:

(1) Authorized national societies that are members of the International Federation of Red Cross and Red Crescent Societies and their duly authorized employees and agents.

(2) The International Committee of the Red Cross and its duly authorized employees and agents.

(3) The International Federation of Red Cross and Red Crescent Societies and its duly authorized employees and agents.

(4) The sanitary and hospital authorities of the armed forces of State Parties to the Geneva Conventions of August 12, 1949.

(d) This section does not make unlawful the use of any such emblem, sign, insignia, or words which was lawful on or before December 8, 2005, if such use would not appear in time of armed conflict to confer the protections of the Geneva Conventions of August 12, 1949, and, if applicable, the Additional Protocols.

(e) A violation of this section or section 706 may be enjoined at the civil suit of the Attorney General.

CREDIT(S)

(Added Pub.L. 109-481, § 2(a), Jan. 12, 2007, 120 Stat. 3673.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 707

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 707. 4-H club emblem fraudulently used

Whoever, with intent to defraud, wears or displays the sign or emblem of the 4-H clubs, consisting of a green four-leaf clover with stem, and the letter H in white or gold on each leaflet, or any insignia in colorable imitation thereof, for the purpose of inducing the belief that he is a member of, associated with, or an agent or representative for the 4-H clubs; or

Whoever, whether an individual, partnership, corporation or association, other than the 4-H clubs and those duly authorized by them, the representatives of the United States Department of Agriculture, the land grant colleges, and persons authorized by the Secretary of Agriculture, uses, within the United States, such emblem or any sign, insignia, or symbol in colorable imitation thereof, or the words “4-H Club” or “4-H Clubs” or any combination of these or other words or characters in colorable imitation thereof--

Shall be fined under this title or imprisoned not more than six months, or both.

This section shall not make unlawful the use of any such emblem, sign, insignia or words which was lawful on the date of enactment of this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 733; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(E), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 708

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 708. Swiss Confederation coat of arms

Whoever, whether a corporation, partnership, unincorporated company, association, or person within the United States, willfully uses as a trade mark, commercial label, or portion thereof, or as an advertisement or insignia for any business or organization or for any trade or commercial purpose, the coat of arms of the Swiss Confederation, consisting of an upright white cross with equal arms and lines on a red ground, or any simulation thereof, shall be fined under this title or imprisoned not more than six months, or both.

This section shall not make unlawful the use of any such design or insignia which was lawful on August 31, 1948.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 733; Oct. 31, 1951, c. 655, § 21a, 65 Stat. 719; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(E), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 709

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 709. False advertising or misuse of names to indicate Federal agency

Whoever, except as permitted by the laws of the United States, uses the words “national”, “Federal”, “United States”, “reserve”, or “Deposit Insurance” as part of the business or firm name of a person, corporation, partnership, business trust, association or other business entity engaged in the banking, loan, building and loan, brokerage, factorage, insurance, indemnity, savings or trust business; or

Whoever falsely advertises or represents, or publishes or displays any sign, symbol or advertisement reasonably calculated to convey the impression that a nonmember bank, banking association, firm or partnership is a member of the Federal reserve system; or

Whoever, except as expressly authorized by Federal law, uses the words “Federal Deposit”, “Federal Deposit Insurance”, or “Federal Deposit Insurance Corporation” or a combination of any three of these words, as the name or a part thereof under which he or it does business, or advertises or otherwise represents falsely by any device whatsoever that his or its deposit liabilities, obligations, certificates, or shares are insured or guaranteed by the Federal Deposit Insurance Corporation, or by the United States or by any instrumentality thereof, or whoever advertises that his or its deposits, shares, or accounts are federally insured, or falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which the deposit liabilities of an insured bank or banks are insured by the Federal Deposit Insurance Corporation; or

Whoever, other than a bona fide organization or association of Federal or State credit unions or except as permitted by the laws of the United States, uses as a firm or business name or transacts business using the words “National Credit Union”, “National Credit Union Administration”, “National Credit Union Board”, “National Credit Union Share Insurance Fund”, “Share Insurance”, or “Central Liquidity Facility”, or the letters “NCUA”, “NCUSIF”, or “CLF”, or any other combination or variation of those words or letters alone or with other words or letters, or any device or symbol or other means, reasonably calculated to convey the false impression that such name or business has some connection with, or authorization from, the National Credit Union Administration, the Government of the United States, or any agency thereof, which does not in fact exist, or falsely advertises or otherwise represents by any device whatsoever that his or its business, product, or service has been in any way endorsed, authorized, or approved by the National Credit Union Administration, the Government of the United States, or any agency thereof, or falsely advertises or otherwise represents by any device whatsoever that his or its deposit liabilities, obligations, certificates, shares, or accounts are insured under the Federal Credit Union Act or by the United States or any instrumentality thereof, or being an insured credit union as defined in that Act falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which share holdings in such credit union are insured under such Act; or

Whoever, not being organized under chapter 7 of Title 12, advertises or represents that it makes Federal Farm loans or advertises or offers for sale as Federal Farm loan bonds any bond not issued under chapter 7 of Title 12, or uses the word “Federal” or the words “United States” or any other words implying Government ownership, obligation or supervision in advertising or offering for sale any bond, note, mortgage or other security not issued by the Government of the United States under the provisions of said chapter 7 or some other Act of Congress; or

Whoever uses the words “Federal Home Loan Bank” or any combination or variation of these words alone or with other words as a business name or part of a business name, or falsely publishes, advertises or represents by any device or symbol or other means reasonably calculated to convey the impression that he or it is a Federal Home Loan Bank or member of or subscriber for the stock of a Federal Home Loan Bank; or

Whoever uses the words “Federal intermediate credit bank” as part of the business or firm name for any person, corporation, partnership, business trust, association or other business entity not organized as an intermediate credit bank under the laws of the United States; or

Whoever uses as a firm or business name the words “Department of Housing and Urban Development”, “Housing and Home Finance Agency”, “Federal Housing Administration”, “Government National Mortgage Association”, “United States Housing Authority”, or “Public Housing Administration” or the letters “HUD”, “FHA”, “PHA”, or “USHA”, or any combination or variation of those words or the letters “HUD”, “FHA”, “PHA”, or “USHA” alone or with other words or letters reasonably calculated to convey the false impression that such name or business has some connection with, or authorization from, the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof, which does not in fact exist, or falsely claims that any repair, improvement, or alteration of any existing structure is required or recommended by the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof, for the purpose of inducing any person to enter into a contract for the making of such repairs, alterations, or improvements, or falsely advertises or falsely represents by any device whatsoever that any housing unit, project, business, or product has been in any way endorsed, authorized, inspected, appraised, or approved by the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof; or

Whoever, except with the written permission of the Director of the Federal Bureau of Investigation, knowingly uses the words “Federal Bureau of Investigation” or the initials “F.B.I.”, or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the Federal Bureau of Investigation; or

Whoever, except with written permission of the Director of the United States Secret Service, knowingly uses the words “Secret Service”, “Secret Service Uniformed Division”, the initials “U.S.S.S.”, “U.D.”, or any colorable imitation of such words or initials, in connection with, or as a part of any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, other production, product, or item, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, product, or item, is approved, endorsed, or authorized by or associated in any manner with, the United States Secret Service, or the United States Secret Service Uniformed Division; or

Whoever, except with the written permission of the Director of the United States Mint, knowingly uses the words “United States Mint” or “U.S. Mint” or any colorable imitation of such words, in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by or associated in any manner with, the United States Mint; or

Whoever uses the words “Overseas Private Investment”, “Overseas Private Investment Corporation”, or “OPIC”, as part of the business or firm name of a person, corporation, partnership, business trust, association, or business entity; or

Whoever, except with the written permission of the Administrator of the Drug Enforcement Administration, knowingly uses the words “Drug Enforcement Administration” or the initials “DEA” or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet, software or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, software or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by the Drug Enforcement Administration; or

Whoever, except with the written permission of the Director of the United States Marshals Service, knowingly uses the words “United States Marshals Service”, “U.S. Marshals Service”, “United States Marshal”, “U.S. Marshal”, “U.S.M.S.”, or any colorable imitation of any such words, or the likeness of a United States Marshals Service badge, logo, or insignia on any item of apparel, in connection with any advertisement, circular, book, pamphlet, software, or other publication, or any play, motion picture, broadcast, telecast, or other production, in a manner that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of the United States Marshals Service, or to convey the impression that such advertisement, circular, book, pamphlet, software, or other publication, or such play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the United States Marshals Service;

Shall be punished as follows: a corporation, partnership, business trust, association, or other business entity, by a fine under this title; an officer or member thereof participating or knowingly acquiescing in such violation or any individual violating this section, by a fine under this title or imprisonment for not more than one year, or both.

This section shall not make unlawful the use of any name or title which was lawful on the date of enactment of this title.

This section shall not make unlawful the use of the word “national” as part of the name of any business or firm engaged in the insurance or indemnity business, whether such firm was engaged in the insurance or indemnity business prior or subsequent to the date of enactment of this paragraph.

A violation of this section may be enjoined at the suit of the United States Attorney, upon complaint by any duly authorized representative of any department or agency of the United States.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 733; Sept. 21, 1950, c. 967, § 3(a), 64 Stat. 894; Oct. 31, 1951, c. 655, § 22, 65 Stat. 719; July 3, 1952, c. 547, 66 Stat. 321; Aug. 2, 1954, c. 649, Title I, § 131, 68 Stat. 609; Aug. 27, 1954, c. 1008, 68 Stat. 867; May 25, 1967, Pub.L. 90-19, § 24(b), 81 Stat. 27; Aug. 1, 1968, Pub.L. 90-448, Title VIII, § 807(i), 82 Stat. 545; Oct. 19, 1970, Pub.L. 91-468, § 5, 84 Stat. 1016; Nov. 10, 1978, Pub.L. 95-630, Title XVIII, § 1804, 92 Stat. 3723; Dec. 23, 1985, Pub.L. 99-204, § 16, 99 Stat. 1676; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7079(a), 102 Stat. 4406; Oct. 6, 1992, Pub.L. 102-390, Title II, § 223, 106 Stat. 1629; Sept. 13, 1994, Pub.L. 103-322, Title XXXII, § 320911(a), Title XXXIII, §§ 330004(3), 330016(2)(C), 108 Stat. 2127, 2141, 2148; Oct. 11, 1996, Pub.L. 104-294, Title VI, §§ 602(a), 604(b)(19), (41), 110 Stat. 3503, 3507, 3509; June 23, 1998, Pub.L. 105-184, § 7, 112 Stat. 522; Nov. 2, 2002, Pub.L. 107-273, Div. B, Title IV, § 4002(a)(10), 116 Stat. 1807.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 710

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 710. Cremation urns for military use

Whoever knowingly uses, manufactures, or sells any cremation urn of a design approved by the Secretary of Defense for use to retain the cremated remains of deceased members of the armed forces or an urn which is a colorable imitation of the approved design, except when authorized under regulation made pursuant to law, shall be fined under this title or imprisoned for not more than six months, or both.

CREDIT(S)

(Added Sept. 28, 1950, c. 1092, § 1(b), 64 Stat. 1077; amended Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(E), 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 711

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 711. “Smokey Bear” character or name

Whoever, except as authorized under rules and regulations issued by the Secretary of Agriculture after consultation with the Association of State Foresters and the Advertising Council, knowingly and for profit manufactures, reproduces, or uses the character “Smokey Bear”, originated by the Forest Service, United States Department of Agriculture, in cooperation with the Association of State Foresters and the Advertising Council for use in public information concerning the prevention of forest fires, or any facsimile thereof, or the name “Smokey Bear” shall be fined under this title or imprisoned not more than six months, or both.

CREDIT(S)

(Added May 23, 1952, c. 327, § 1, 66 Stat. 92; amended June 22, 1974, Pub.L. 93-318, § 5, 88 Stat. 245; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, §§ 330004(4), 330016(1)(E), 108 Stat. 2141, 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 711a

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 711a. “Woodsy Owl” character, name, or slogan

Whoever, except as authorized under rules and regulations issued by the Secretary, knowingly and for profit manufactures, reproduces, or uses the character “Woodsy Owl”, the name “Woodsy Owl”, or the associated slogan, “Give a Hoot, Don't Pollute” shall be fined under this title or imprisoned not more than six months, or both.

CREDIT(S)

(Added Pub.L. 93-318, § 6, June 22, 1974, 88 Stat. 245; amended Pub.L. 103-322, Title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 712

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 712. Misuse of names, words, emblems, or insignia

Whoever, in the course of collecting or aiding in the collection of private debts or obligations, or being engaged in furnishing private police, investigation, or other private detective services, uses or employs in any communication, correspondence, notice, advertisement, or circular the words “national”, “Federal”, or “United States”, the initials “U.S.”, or any emblem, insignia, or name, for the purpose of conveying and in a manner reasonably calculated to convey the false impression that such communication is from a department, agency, bureau, or instrumentality of the United States or in any manner represents the United States, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(Added Pub.L. 86-291, § 1, Sept. 21, 1959, 73 Stat. 570; amended Pub.L. 93-147, § 1(a), Nov. 3, 1973, 87 Stat. 554; Pub.L. 103-322, Title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 713

Effective: October 7, 1997

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 713. Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress

(a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both.

(b) Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.

(c) Whoever, except as directed by the United States Senate, or the Secretary of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Senate, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.

(d) Whoever, except as directed by the United States House of Representatives, or the Clerk of the House of Representatives on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States House of Representatives, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.

(e) Whoever, except as directed by the United States Congress, or the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Congress, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.

(f) A violation of the provisions of this section may be enjoined at the suit of the Attorney General,

(1) in the case of the great seal of the United States and the seals of the President and Vice President, upon complaint by any authorized representative of any department or agency of the United States;

(2) in the case of the seal of the United States Senate, upon complaint by the Secretary of the Senate;

(3) in the case of the seal of the United States House of Representatives, upon complaint by the Clerk of the House of Representatives; and

(4) in the case of the seal of the United States Congress, upon complaint by the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly.

CREDIT(S)

(Added Pub.L. 89-807, § 1(a), Nov. 11, 1966, 80 Stat. 1525; amended Pub.L. 91-651, § 1, Jan. 5, 1971, 84 Stat. 1940; Pub.L. 102-229, Title II, § 210(a)-(d), Dec. 12, 1991, 105 Stat. 1717; Pub.L. 103-322, Title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146; Pub.L. 105-55, Title III, § 308(a)-(d), Oct. 7, 1997, 111 Stat. 1198.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 714

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

[§ 714. Repealed. Pub.L. 97-258, § 2(d) (1) (B), Sept. 13, 1982, 96 Stat. 1058]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 715

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 715. “The Golden Eagle Insignia”

As used in this section, “The Golden Eagle Insignia” means the words “The Golden Eagle” and the representation of an American Golden Eagle (colored gold) and a family group (colored midnight blue) enclosed within a circle (colored white with a midnight blue border) framed by a rounded triangle (colored gold with a midnight blue border) which was originated by the Department of the Interior as the official symbol for Federal recreation fee areas.

Whoever, except as authorized under rules and regulations issued by the Secretary of the Interior, knowingly manufactures, reproduces, or uses “The Golden Eagle Insignia”, or any facsimile thereof, in such a manner as is likely to cause confusion, or to cause mistake, or to deceive, shall be fined under this title or imprisoned not more than six months, or both.

The use of any such emblem, sign, insignia, or words which was lawful on the date of enactment of this Act shall not be a violation of this section.

A violation of this section may be enjoined at the suit of the Attorney General, upon complaint by the Secretary of the Interior.

CREDIT(S)

(Added Pub.L. 92-347, § 3(b), July 11, 1972, 86 Stat. 461; amended Pub.L. 103-322, Title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 716

Effective: January 5, 2006

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 33. Emblems, Insignia, and Names

§ 716. Public employee insignia and uniform

(a) Whoever--

(1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a counterfeit official insignia or uniform;

(2) knowingly transfers, in interstate or foreign commerce, a genuine official insignia or uniform to an individual, knowing that such individual is not authorized to possess it under the law of the place in which the badge is the official official [FN1] insignia or uniform;

(3) knowingly receives a genuine official insignia or uniform in a transfer prohibited by paragraph (2); or

(4) being a person not authorized to possess a genuine official insignia or uniform under the law of the place in which the badge is the official official [FN1] insignia or uniform, knowingly transports that badge in interstate or foreign commerce,

shall be fined under this title or imprisoned not more than 6 months, or both.

(b) It is a defense to a prosecution under this section that the insignia or uniform is other than a counterfeit insignia or uniform and is not used to mislead or deceive, or is used or is intended to be used exclusively--

(1) as a memento, or in a collection or exhibit;

(2) for decorative purposes;

(3) for a dramatic presentation, such as a theatrical, film, or television production; or

(4) for any other recreational purpose.

(1) the term “genuine police badge” means an official badge issued by public authority to identify an individual as a law enforcement officer having police powers;

(2) the term “counterfeit police badge” means an item that so resembles a police badge that it would deceive an ordinary individual into believing it was a genuine police badge; and [FN2]

(3) the term “official insignia or uniform” means an article of distinctive clothing or insignia, including a badge, emblem or identification card, that is an indicium of the authority of a public employee;

(4) the term “public employee” means any officer or employee of the Federal Government or of a State or local government; and

(5) the term “uniform” means distinctive clothing or other items of dress, whether real or counterfeit, worn during the performance of official duties and which identifies the wearer as a public agency employee.

(d) It is a defense to a prosecution under this section that the official insignia or uniform is not used or intended to be used to mislead or deceive, or is a counterfeit insignia or uniform and is used or is intended to be used exclusively--

(1) for a dramatic presentation, such as a theatrical, film, or television production; or

(2) for legitimate law enforcement purposes.

CREDIT(S)

(Added Pub.L. 106-547, § 3(a), Dec. 19, 2000, 114 Stat. 2739; amended Pub.L. 109-162, Title XI, § 1191(a), Jan. 5, 2006, 119 Stat. 3128.)

[FN1] So in original. The second “official” probably should not appear.

[FN2] So in original. The word “and” probably should not appear.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 751

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 35. Escape and Rescue

§ 751. Prisoners in custody of institution or officer

(a) Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both.

(b) Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person's eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034 of this title, be fined under this title or imprisoned not more than one year, or both. Nothing herein contained shall be construed to affect the discretionary authority vested in the Attorney General pursuant to section 5032 of this title.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 734; Dec. 30, 1963, Pub.L. 88-251, § 1, 77 Stat. 834; Sept. 10, 1965, Pub.L. 89-176, § 3, 79 Stat. 675; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7055, 102 Stat. 4402; Dec. 1, 1990, Pub.L. 101-650, Title III, § 321, 104 Stat. 5117; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), (K), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 752

Effective: November 2, 2002

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 35. Escape and Rescue

§ 752. Instigating or assisting escape

(a) Whoever rescues or attempts to rescue or instigates, aids or assists the escape, or attempt to escape, of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution or facility by his direction, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or, if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both.

(b) Whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempted escape of any person in the custody of the Attorney General or his authorized representative, or of any person arrested upon a warrant or other process issued under any law of the United States or from any institution or facility in which he is confined by direction of the Attorney General, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person's eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034 of this title, be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 735; May 28, 1956, c. 331, 70 Stat. 216; Dec. 30, 1963, Pub.L. 88-251, § 2, 77 Stat. 834; Sept. 10, 1965, Pub.L. 89-176, § 3, 79 Stat. 675; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7055, 102 Stat. 4402; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Nov. 2, 2002, Pub.L. 107-273, Div. B, Title IV, § 4002(d)(1)(D), 116 Stat. 1809.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 753

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 35. Escape and Rescue

§ 753. Rescue to prevent execution

Whoever, by force, sets at liberty or rescues any person found guilty in any court of the United States of any capital crime, while going to execution or during execution, shall be fined under this title or imprisoned not more than twenty-five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 735; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(O), 108 Stat. 2148.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 754

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 35. Escape and Rescue

[§ 754. Repealed. Pub.L. 103-322, Title XXXIII, § 330004(5), Sept. 13, 1994, 108 Stat. 2141]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 755

Effective: April 24, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 35. Escape and Rescue

§ 755. Officer permitting escape

Whoever, having in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or magistrate judge, voluntarily suffers such prisoner to escape, shall be fined under this title or imprisoned not more than 5 years, or both; or if he negligently suffers such person to escape, he shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 735; Dec. 1, 1990, Pub.L. 101-650, Title III, § 321, 104 Stat. 5117; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(G), (I), 108 Stat. 2147; Apr. 24, 1996, Pub.L. 104-132, Title VII, § 705(a)(2), 110 Stat. 1295.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 756

Effective: April 24, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 35. Escape and Rescue

§ 756. Internee of belligerent nation

Whoever, within the jurisdiction of the United States, aids or entices any person belonging to the armed forces of a belligerent nation or faction who is interned in the United States in accordance with the law of nations, to escape or attempt to escape from the jurisdiction of the United States or from the limits of internment prescribed, shall be fined under this title or imprisoned not more than five years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 735; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147; Apr. 24, 1996, Pub.L. 104-132, Title VII, § 705(a)(3), 110 Stat. 1295.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 757

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 35. Escape and Rescue

§ 757. Prisoners of war or enemy aliens

Whoever procures the escape of any prisoner of war held by the United States or any of its allies, or the escape of any person apprehended or interned as an enemy alien by the United States or any of its allies, or advises, connives at, aids, or assists in such escape, or aids, relieves, transports, harbors, conceals, shelters, protects, holds correspondence with, gives intelligence to, or otherwise assists any such prisoner of war or enemy alien, after his escape from custody, knowing him to be such prisoner of war or enemy alien, or attempts to commit or conspires to commit any of the above acts, shall be fined under this title or imprisoned not more than ten years, or both.

The provisions of this section shall be in addition to and not in substitution for any other provision of law.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 735; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 758

Effective: September 30, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 35. Escape and Rescue

§ 758. High speed flight from immigration checkpoint

Whoever flees or evades a checkpoint operated by the Immigration and Naturalization Service, or any other Federal law enforcement agency, in a motor vehicle and flees Federal, State, or local law enforcement agents in excess of the legal speed limit shall be fined under this title, imprisoned not more than five years, or both.

CREDIT(S)

(Added Pub.L. 104-208, Div. C, Title I, § 108(b)(1), Sept. 30, 1996, 110 Stat. 3009-557.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 37, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 37. Espionage and Censorship

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 791

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

[§ 791. Repealed. Pub.L. 87-369, § 1, Oct. 4, 1961, 75 Stat. 795]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 792

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

§ 792. Harboring or concealing persons

Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under sections 793 or 794 of this title, shall be fined under this title or imprisoned not more than ten years, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 736; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 793

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

§ 793. Gathering, transmitting or losing defense information

(a) Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or

(b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or

(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or

(d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or

(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer--

Shall be fined under this title or imprisoned not more than ten years, or both.

(g) If two or more persons conspire to violate any of the foregoing provisions of 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 subject to the punishment provided for the offense which is the object of such conspiracy.

(h)(1) Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. For the purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection.

(3) The provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)) shall apply to--

(A) property subject to forfeiture under this subsection;

(B) any seizure or disposition of such property; and

if not inconsistent with this subsection.

(4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 736; Sept. 23, 1950, c. 1024, Title I, § 18, 64 Stat. 1003; Aug. 27, 1986, Pub.L. 99-399, Title XIII, § 1306(a), 100 Stat. 898; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147; Oct. 14, 1994, Pub.L. 103-359, Title VIII, § 804(b)(1), 108 Stat. 3440; Oct. 11, 1996, Pub.L 104-294, Title VI, § 607(b), 110 Stat. 3511.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 794

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

§ 794. Gathering or delivering defense information to aid foreign government

(a) Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by death or by imprisonment for any term of years or for life, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.

(b) Whoever, in time of war, with intent that the same shall be communicated to the enemy, collects, records, publishes, or communicates, or attempts to elicit any information with respect to the movement, numbers, description, condition, or disposition of any of the Armed Forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any naval or military operations, or with respect to any works or measures undertaken for or connected with, or intended for the fortification or defense of any place, or any other information relating to the public defense, which might be useful to the enemy, shall be punished by death or by imprisonment for any term of years or for life.

(c) 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 subject to the punishment provided for the offense which is the object of such conspiracy.

(d)(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law--

(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation, and

(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

For the purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(3) The provisions of subsections (b), (c) and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)) shall apply to--

(A) property subject to forfeiture under this subsection;

(B) any seizure or disposition of such property; and

if not inconsistent with this subsection.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 737; Sept. 3, 1954, c. 1261, Title II, § 201, 68 Stat. 1219; Aug. 27, 1986, Pub.L. 99-399, Title XIII, § 1306(b), 100 Stat. 898; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7064, 102 Stat. 4404; Sept. 13, 1994, Pub.L. 103-322, Title VI, § 60003(a)(2), 108 Stat. 1968; Oct. 14, 1994, Pub.L. 103-359, Title VIII, § 804(b)(2), 108 Stat. 3440; Oct. 11, 1996, Pub.L. 104-294, Title VI, §§ 604(b)(2), 607(b), 110 Stat. 3506, 3511.)

1996 Acts. Amendment by section 604 of Pub.L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub.L. 104-294, set out as a note under section 13 of this title.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 795

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

§ 795. Photographing and sketching defense installations

(a) Whenever, in the interests of national defense, the President defines certain vital military and naval installations or equipment as requiring protection against the general dissemination of information relative thereto, it shall be unlawful to make any photograph, sketch, picture, drawing, map, or graphical representation of such vital military and naval installations or equipment without first obtaining permission of the commanding officer of the military or naval post, camp, or station, or naval vessels, military and naval aircraft, and any separate military or naval command concerned, or higher authority, and promptly submitting the product obtained to such commanding officer or higher authority for censorship or such other action as he may deem necessary.

(b) Whoever violates this section shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 737; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 796

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

§ 796. Use of aircraft for photographing defense installations

Whoever uses or permits the use of an aircraft or any contrivance used, or designed for navigation or flight in the air, for the purpose of making a photograph, sketch, picture, drawing, map, or graphical representation of vital military or naval installations or equipment, in violation of section 795 of this title, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 738; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 797

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

§ 797. Publication and sale of photographs of defense installations

On and after thirty days from the date upon which the President defines any vital military or naval installation or equipment as being within the category contemplated under section 795 of this title, whoever reproduces, publishes, sells, or gives away any photograph, sketch, picture, drawing, map, or graphical representation of the vital military or naval installations or equipment so defined, without first obtaining permission of the commanding officer of the military or naval post, camp, or station concerned, or higher authority, unless such photograph, sketch, picture, drawing, map, or graphical representation has clearly indicated thereon that it has been censored by the proper military or naval authority, shall be fined under this title or imprisoned not more than one year, or both.

CREDIT(S)

(June 25, 1948, c. 645, 62 Stat. 738; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 798

Effective: October 11, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

§ 798. Disclosure of classified information

(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information--

(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or

(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or

(3) concerning the communication intelligence activities of the United States or any foreign government; or

(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes--

Shall be fined under this title or imprisoned not more than ten years, or both.

(b) As used in subsection (a) of this section--

The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;

The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;

The term “foreign government” includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States;

The term “communication intelligence” means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;

The term “unauthorized person” means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.

(c) Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.

(d)(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law--

(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

(3) Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply to--

(A) property subject to forfeiture under this subsection;

(B) any seizure or disposition of such property; and

if not inconsistent with this subsection.

(4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.

(5) As used in this subsection, the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

CREDIT(S)

(Added Oct. 31, 1951, c. 655, § 24(a), 65 Stat. 719; amended Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(L), 108 Stat. 2147; Oct. 14, 1994, Pub.L. 103-359, Title VIII, § 804(a), 108 Stat. 3439; Oct. 11, 1996, Pub.L. 104-294, Title VI, § 602(c), 110 Stat. 3503.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 798A

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

§ 798A. Temporary extension of section 794

The provisions of section 794 of this title, as amended and extended by section 1(a)(29) of the Emergency Powers Continuation Act (66 Stat. 333), as further amended by Public Law 12, Eighty-third Congress, in addition to coming into full force and effect in time of war shall remain in full force and effect until six months after the termination of the national emergency proclaimed by the President on December 16, 1950 (Proc. 2912, 3 C.F.R., 1950 Supp., p. 71), or such earlier date as may be prescribed by concurrent resolution of the Congress, and acts which would give rise to legal consequences and penalties under section 794 when performed during a state of war shall give rise to the same legal consequences and penalties when they are performed during the period above provided for.

CREDIT(S)

(Added June 30, 1953, c. 175, § 4, 67 Stat. 133, § 798, renumbered 798A, Pub.L. 101-647, Title XXXV, § 3519(a), Nov. 29, 1990, 104 Stat. 4923.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 799

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 37. Espionage and Censorship (Refs & Annos)

§ 799. Violation of regulations of National Aeronautics and Space Administration

Whoever willfully shall violate, attempt to violate, or conspire to violate any regulation or order promulgated by the Administrator of the National Aeronautics and Space Administration for the protection or security of any laboratory, station, base or other facility, or part thereof, or any aircraft, missile, spacecraft, or similar vehicle, or part thereof, or other property or equipment in the custody of the Administration, or any real or personal property or equipment in the custody of any contractor under any contract with the Administration or any subcontractor of any such contractor, shall be fined under this title, or imprisoned not more than one year, or both.

CREDIT(S)

(Added Pub.L. 85-568, Title III, § 304(c)(1), July 29, 1958, 72 Stat. 434; amended Pub.L. 103-322, Title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 831

Effective: April 24, 1996

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 39. Explosives and Other Dangerous Articles

§ 831. Prohibited transactions involving nuclear materials

(a) Whoever, if one of the circumstances described in subsection (c) of this section occurs--

(1) without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes of, or disperses any nuclear material or nuclear byproduct material and--

(A) thereby knowingly causes the death of or serious bodily injury to any person or substantial damage to property or to the environment; or

(B) 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;

(2) with intent to deprive another of nuclear material or nuclear byproduct material, knowingly--

(A) takes and carries away nuclear material or nuclear byproduct material of another without authority;

(B) makes an unauthorized use, disposition, or transfer, of nuclear material or nuclear byproduct material belonging to another; or

(3) knowingly--

(A) uses force; or

(B) 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;

(4) intentionally intimidates any person and thereby obtains nuclear material or nuclear byproduct material belonging to another;

(5) with intent to compel any person, international organization, or governmental entity to do or refrain from doing any act, knowingly threatens to engage in conduct described in paragraph (2) (A) or (3) of this subsection;

(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;

(7) attempts to commit an offense under paragraph (1), (2), (3), or (4) of this subsection; or

(8) is a party to a conspiracy of two or more persons to commit an offense under paragraph (1), (2), (3), or (4) of this subsection, if any of the parties intentionally engages in any conduct in furtherance of such offense;

shall be punished as provided in subsection (b) of this section.

(b) The punishment for an offense under--

(1) paragraphs (1) through (7) of subsection (a) of this section is--

(A) a fine under this title; and

(B) imprisonment--

(i) for any term of years or for life (I) if, while committing the offense, the offender knowingly causes the death of any person; or (II) if, while committing an offense under paragraph (1) or (3) of subsection (a) of this section, 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; and

(ii) for not more than 20 years in any other case; and

(2) paragraph (8) of subsection (a) of this section is--

(A) a fine under this title; and

(B) imprisonment--

(i) for not more than 20 years if the offense which is the object of the conspiracy is punishable under paragraph (1) (B) (i); and

(ii) for not more than 10 years in any other case.

(1) 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 (as defined in section 46501 of title 49);

(2) an offender or a victim is--

(A) a national of the United States; or

(B) a United States corporation or other legal entity;

(3) 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;

(4) 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; or

(5) either--

(A) the governmental entity under subsection (a)(5) is the United States; or

(B) the threat under subsection (a)(6) is directed at the United States.

(d) The Attorney General may request assistance from the Secretary of Defense under chapter 18 of title 10 in the enforcement of this section and the Secretary of Defense may provide such assistance in accordance with chapter 18 of title 10, except that the Secretary of Defense may provide such assistance through any Department of Defense personnel.

(e)(1) The Attorney General may also request assistance from the Secretary of Defense under this subsection in the enforcement of this section. Notwithstanding section 1385 of this title, the Secretary of Defense may, in accordance with other applicable law, provide such assistance to the Attorney General if--

(A) an emergency situation exists (as jointly determined by the Attorney General and the Secretary of Defense in their discretion); and

(B) the provision of such assistance will not adversely affect the military preparedness of the United States (as determined by the Secretary of Defense in such Secretary's discretion).

(2) As used in this subsection, the term “emergency situation” means a circumstance--

(A) that poses a serious threat to the interests of the United States; and

(B) in which--

(i) enforcement of the law would be seriously impaired if the assistance were not provided; and

(ii) civilian law enforcement personnel are not capable of enforcing the law.

(3) Assistance under this section may include--

(A) use of personnel of the Department of Defense to arrest persons and conduct searches and seizures with respect to violations of this section; and

(B) such other activity as is incidental to the enforcement of this section, or to the protection of persons or property from conduct that violates this section.

(4) The Secretary of Defense may require reimbursement as a condition of assistance under this section.

(5) The Attorney General may delegate the Attorney General's function under this subsection only to a Deputy, Associate, or Assistant Attorney General.

(f) As used in this section--

(1) the term “nuclear material” means material containing any--

(A) plutonium;

(B) uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature;

(C) 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; or

(D) uranium 233;

(2) the term “nuclear byproduct material” means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator;

(3) the term “international organization” means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs;

(4) the term “serious bodily injury” means bodily injury which involves--

(A) a substantial risk of death;

(B) extreme physical pain;

(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty;

(5) the term “bodily injury” means--

(A) a cut, abrasion, bruise, burn, or disfigurement;

(B) physical pain;

(D) impairment of a function of a bodily member, organ, or mental faculty; or

(E) any other injury to the body, no matter how temporary;

(6) the term “national of the United States” has the same meaning as in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and

(7) the term “United States corporation or other legal entity” means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession, or district of the United States.

CREDIT(S)

(Added Pub.L. 97-351, § 2(a), Oct. 15, 1982, 96 Stat. 1663; amended Pub.L. 100-690, Title VII, § 7022, Nov. 18, 1988, 102 Stat. 4397; Pub.L. 103-272, § 5(e)(6), July 5, 1994, 108 Stat. 1374; Pub.L. 103-322, Title XXXIII, § 330016(2)(C), Sept. 13, 1994, 108 Stat. 2148; Pub.L. 104-132, Title V, § 502, Apr. 24, 1996, 110 Stat. 1282.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 832

Effective: December 17, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 39. Explosives and Other Dangerous Articles

§ 832. Participation in nuclear and weapons of mass destruction threats to the United States

(a) Whoever, within the United States or subject to the jurisdiction of the United States, willfully participates in or knowingly provides material support or resources (as defined in section 2339A) to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.

(b) There is extraterritorial Federal jurisdiction over an offense under this section.

(c) Whoever without lawful authority develops, possesses, or attempts or conspires to develop or possess a radiological weapon, or threatens to use or uses a radiological weapon against any person within the United States, or a national of the United States while such national is outside of the United States or against any property that is owned, leased, funded, or used by the United States, whether that property is within or outside of the United States, shall be imprisoned for any term of years or for life.

(d) As used in this section--

(1) “nuclear weapons program” means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons;

(2) “weapons of mass destruction program” means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as defined in section 2332a(c));

(3) “foreign terrorist power” means a terrorist organization designated under section 219 of the Immigration and Nationality Act, or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and

(4) “nuclear weapon” means any weapon that contains or uses nuclear material as defined in section 831(f)(1).

CREDIT(S)

(Added Pub.L. 108-458, Title VI, § 6803(c)(2), Dec. 17, 2004, 118 Stat. 3768.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 833

Effective: December 17, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 39. Explosives and Other Dangerous Articles

[§§ 833 to 835. Repealed. Pub.L. 96-129, Title II, § 216(b), Nov. 30, 1979, 93 Stat. 1015]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 834

Effective: December 17, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 39. Explosives and Other Dangerous Articles

[§§ 833 to 835. Repealed. Pub.L. 96-129, Title II, § 216(b), Nov. 30, 1979, 93 Stat. 1015]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 835

Effective: December 17, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 39. Explosives and Other Dangerous Articles

[§§ 833 to 835. Repealed. Pub.L. 96-129, Title II, § 216(b), Nov. 30, 1979, 93 Stat. 1015]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 836

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 39. Explosives and Other Dangerous Articles

§ 836. Transportation of fireworks into State prohibiting sale or use

Whoever, otherwise than in the course of continuous interstate transportation through any State, transports fireworks into any State, or delivers them for transportation into any State, or attempts so to do, knowing that such fireworks are to be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws of such State specifically prohibiting or regulating the use of fireworks, shall be fined under this title or imprisoned not more than one year, or both.

This section shall not apply to a common or contract carrier or to international or domestic water carriers engaged in interstate commerce or to the transportation of fireworks into a State for the use of Federal agencies in the carrying out or the furtherance of their operations.

In the enforcement of this section, the definitions of fireworks contained in the laws of the respective States shall be applied.

As used in this section, the term “State” includes the several States, Territories, and possessions of the United States, and the District of Columbia.

This section shall be effective from and after July 1, 1954.

CREDIT(S)

(Added June 4, 1954, c. 261, § 1, 68 Stat. 170; amended Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, § 330016(1)(H), 108 Stat. 2147.)

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 837

Effective:[See Text Amendments]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 39. Explosives and Other Dangerous Articles

[§ 837. Repealed. Pub.L. 91-452, Title XI, § 1106(b)(1), Oct. 15, 1970, 84 Stat. 960]

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. Pt. I, Ch. 40, Refs & Annos

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive Materials

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 841

Effective: July 29, 2010

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive Materials (Refs & Annos)

§ 841. Definitions

As used in this chapter--

(a) “Person” means any individual, corporation, company, association, firm, partnership, society, or joint stock company.

(b) “Interstate” or foreign commerce means commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, and commerce between places within the same State but through any place outside of that State. “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

(d) Except for the purposes of subsections (d), (e), (f), (g), (h), (i), and (j) of section 844 of this title, “explosives” means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The Attorney General shall publish and revise at least annually in the Federal Register a list of these and any additional explosives which he determines to be within the coverage of this chapter. For the purposes of subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, the term “explosive” is defined in subsection (j) of such section 844.

(e) “Blasting agent” means any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive: Provided, That the finished product, as mixed for use or shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined.

(f) “Detonator” means any device containing a detonating charge that is used for initiating detonation in an explosive; the term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors.

(g) “Importer” means any person engaged in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution.

(h) “Manufacturer” means any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use.

(i) “Dealer” means any person engaged in the business of distributing explosive materials at wholesale or retail.

(j) “Permittee” means any user of explosives for a lawful purpose, who has obtained either a user permit or a limited permit under the provisions of this chapter.

(k) “Attorney General” means the Attorney General of the United States.

(l) “Crime punishable by imprisonment for a term exceeding one year” shall not mean (1) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Attorney General may by regulation designate, or (2) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

(m) “Licensee” means any importer, manufacturer, or dealer licensed under the provisions of this chapter.

(n) “Distribute” means sell, issue, give, transfer, or otherwise dispose of.

(o) “Convention on the Marking of Plastic Explosives” means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991.

(p) “Detection agent” means any one of the substances specified in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including--

(1) Ethylene glycol dinitrate (EGDN), C2H4(NO3) 2, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass;

(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C6H12(NO 2)2, molecular weight 176, when the minimum concentration in the finished explosive is 0.1 percent by mass;

(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass;

(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and

(5) any other substance in the concentration specified by the Attorney General, after consultation with the Secretary of State and the Secretary of Defense, that has been added to the table in part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives.

(q) “Plastic explosive” means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than 10 - 4 Pa at a temperature of 25°C., is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature.

(r) “Alien” means any person who is not a citizen or national of the United States.

(s) “Responsible person” means an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials.

(t) Indian tribe.--The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)).

CREDIT(S)

(Added Pub.L. 91-452, Title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 952; amended Pub.L. 104-132, Title VI, § 602, Apr. 24, 1996, 110 Stat. 1288; Pub.L. 107-296, Title XI, §§ 1112(e)(1), (3), 1122(a), Nov. 25, 2002, 116 Stat. 2276, 2280; Pub.L. 111-211, Title II, § 236(b), July 29, 2010, 124 Stat. 2286.)

2002 Acts. Amendment to this section by Pub.L. 107-296 effective 60 days after Nov. 25, 2002, see Pub.L. 107-296, § 4, set out as a note under 6 U.S.C.A. § 101.

Amendments to this section by Pub.L. 107-296, § 1122, effective 180 days after Nov. 25, 2002, see Pub.L. 107-296, § 1122(i), set out as an Effective and Applicability Provisions note under 18 U.S.C.A. § 843.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 842

Effective: December 13, 2003

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive Materials (Refs & Annos)

§ 842. Unlawful acts

(a) It shall be unlawful for any person--

(1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter;

(2) knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the provisions of this chapter;

(3) other than a licensee or permittee knowingly--

(A) to transport, ship, cause to be transported, or receive any explosive materials; or

(B) to distribute explosive materials to any person other than a licensee or permittee; or

(4) who is a holder of a limited permit--

(A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials; or

(B) to receive explosive materials from a licensee or permittee, whose premises are located outside the State of residence of the limited permit holder, or on more than 6 separate occasions, during the period of the permit, to receive explosive materials from 1 or more licensees or permittees whose premises are located within the State of residence of the limited permit holder.

(b) It shall be unlawful for any licensee or permittee to knowingly distribute any explosive materials to any person other than--

(1) a licensee;

(2) a holder of a user permit; or

(3) a holder of a limited permit who is a resident of the State where distribution is made and in which the premises of the transferor are located.

(c) It shall be unlawful for any licensee to distribute explosive materials to any person who the licensee has reason to believe intends to transport such explosive materials into a State where the purchase, possession, or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into it or to receive explosive materials in it.

(d) It shall be unlawful for any person knowingly to distribute explosive materials to any individual who:

(1) is under twenty-one years of age;

(2) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

(3) is under indictment for a crime punishable by imprisonment for a term exceeding one year;

(4) is a fugitive from justice;

(5) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(6) has been adjudicated a mental defective or who has been committed to a mental institution;

(7) is an alien, other than an alien who--

(A) is lawfully admitted for permanent residence (as defined in section 101 (a)(20) of the Immigration and Nationality Act);

(B) is in lawful nonimmigrant status, is a refugee admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or is in asylum status under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), and--

(i) is a foreign law enforcement officer of a friendly foreign government, as determined by the Secretary [FN1] in consultation with the Secretary of State, entering the United States on official law enforcement business, and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of this official law enforcement business; or

(ii) is a person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed pursuant to section 843(a), and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of such power;

[(iii), (iv). Repealed. Pub.L. 108-177, Title III, § 372(a)(2)(B), Dec. 13, 2003, 117 Stat. 2627]

(C) is a member of a North Atlantic Treaty Organization (NATO) or other friendly foreign military force, as determined by the Attorney General in consultation with the Secretary of Defense, who is present in the United States under military orders for training or other military purpose authorized by the United States and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of the authorized military purpose; or

(D) is lawfully present in the United States in cooperation with the Director of Central Intelligence, and the shipment, transportation, receipt, or possession of the explosive materials is in furtherance of such cooperation;

(8) has been discharged from the armed forces under dishonorable conditions; [FN2]

(9) having been a citizen of the United States, has renounced the citizenship of that person.

(e) It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person in any State where the purchase, possession, or use by such person of such explosive materials would be in violation of any State law or any published ordinance applicable at the place of distribution.

(f) It shall be unlawful for any licensee or permittee willfully to manufacture, import, purchase, distribute, or receive explosive materials without making such records as the Attorney General may by regulation require, including, but not limited to, a statement of intended use, the name, date, place of birth, social security number or taxpayer identification number, and place of residence of any natural person to whom explosive materials are distributed. If explosive materials are distributed to a corporation or other business entity, such records shall include the identity and principal and local places of business and the name, date, place of birth, and place of residence of the natural person acting as agent of the corporation or other business entity in arranging the distribution.

(g) It shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which he is required to keep pursuant to this section or regulations promulgated under section 847 of this title.

(h) It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or transported in, interstate or foreign commerce, either before or after such materials were stolen, knowing or having reasonable cause to believe that the explosive materials were stolen.

(i) It shall be unlawful for any person--

(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who is an alien, other than an alien who--

(A) is lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) of the Immigration and Nationality Act);

[(iii), (iv). Repealed. Pub.L. 108-177, Title III, § 372(b)(2)(B), Dec. 13, 2003, 117 Stat. 2627]

(6) who has been discharged from the armed forces under dishonorable conditions; [FN2]

(7) who, having been a citizen of the United States, has renounced the citizenship of that person [FN3]

to ship or transport any explosive in or affecting interstate or foreign commerce or to receive or possess any explosive which has been shipped or transported in or affecting interstate or foreign commerce.

(j) It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Attorney General. In promulgating such regulations, the Attorney General shall take into consideration the class, type, and quantity of explosive materials to be stored, as well as the standards of safety and security recognized in the explosives industry.

(k) It shall be unlawful for any person who has knowledge of the theft or loss of any explosive materials from his stock, to fail to report such theft or loss within twenty-four hours of discovery thereof, to the Attorney General and to appropriate local authorities.

(l) It shall be unlawful for any person to manufacture any plastic explosive that does not contain a detection agent.

(m)(1) It shall be unlawful for any person to import or bring into the United States, or export from the United States, any plastic explosive that does not contain a detection agent.

(2) This subsection does not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing military or police functions (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States.

(n)(1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detection agent.

(2) This subsection does not apply to--

(A) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by any person during the period beginning on that date and ending 3 years after that date of enactment; or

(B) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States.

(o) It shall be unlawful for any person, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on the date of enactment of this subsection, to fail to report to the Attorney General within 120 days after such date of enactment the quantity of such explosives possessed, the manufacturer or importer, any marks of identification on such explosives, and such other information as the Attorney General may prescribe by regulation.

(p) Distribution of information relating to explosives, destructive devices, and weapons of mass destruction.--

(1) Definitions.--In this subsection--

(A) the term “destructive device” has the same meaning as in section 921(a)(4);

(B) the term “explosive” has the same meaning as in section 844(j); and

(2) Prohibition.--It shall be unlawful for any person--

(A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or

(B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence.

CREDIT(S)

(Added Pub.L. 91-452, Title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 953; amended Pub.L. 100-690, Title VI, § 6474(c),(d), Nov. 18, 1988, 102 Stat. 4380; Pub.L. 101-647, Title XXXV, § 3521, Nov. 29, 1990, 104 Stat. 4923; Pub.L. 103-322, Title XI, §§ 110508, 110516, Sept. 13, 1994, 108 Stat. 2018, 2020; Pub.L. 104-132, Title VI, § 603, Title VII, § 707, Apr. 24, 1996, 110 Stat. 1289, 1296; Pub.L. 106-54, § 2(a), Aug. 17, 1999, 113 Stat. 398; Pub.L. 107-296, Title XI, §§ 1112(e)(3), 1122(b), 1123, Nov. 25, 2002, 116 Stat. 2276, 2280, 2283; Pub.L. 108-177, Title III, § 372, Dec. 13, 2003, 117 Stat. 2627.)

[FN1] So in original. Probably should be “Attorney General”.

[FN2] So in original. Probably should be followed by “or”.

[FN3] So in original. Probably should be followed by a semicolon.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 843

Effective:[See Notes]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive Materials (Refs & Annos)

§ 843. Licenses and user permits

(a) An application for a user permit or limited permit or a license to import, manufacture, or deal in explosive materials shall be in such form and contain such information as the Attorney General shall by regulation prescribe, including the names of and appropriate identifying information regarding all employees who will be authorized by the applicant to possess explosive materials, as well as fingerprints and a photograph of each responsible person. Each applicant for a license or permit shall pay a fee to be charged as set by the Attorney General, said fee not to exceed $50 for a limited permit and $200 for any other license or permit. Each license or user permit shall be valid for not longer than 3 years from the date of issuance and each limited permit shall be valid for not longer than 1 year from the date of issuance. Each license or permit shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit, and upon payment of a renewal fee not to exceed one-half of the original fee.

(b) Upon the filing of a proper application and payment of the prescribed fee, and subject to the provisions of this chapter and other applicable laws, the Attorney General shall issue to such applicant the appropriate license or permit if--

(1) the applicant (or, if the applicant is a corporation, partnership, or association, each responsible person with respect to the applicant) is not a person described in section 842(i);

(2) the applicant has not willfully violated any of the provisions of this chapter or regulations issued hereunder;

(3) the applicant has in a State premises from which he conducts or intends to conduct business;

(4)(A) the Secretary [FN1] verifies by inspection or, if the application is for an original limited permit or the first or second renewal of such a permit, by such other means as the Secretary [FN1] determines appropriate, that the applicant has a place of storage for explosive materials which meets such standards of public safety and security against theft as the Attorney General by regulations shall prescribe; and

(B) subparagraph (A) shall not apply to an applicant for the renewal of a limited permit if the Secretary [FN1] has verified, by inspection within the preceding 3 years, the matters described in subparagraph (A) with respect to the applicant; and

(5) the applicant has demonstrated and certified in writing that he is familiar with all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business;

(6) none of the employees of the applicant who will be authorized by the applicant to possess explosive materials is any person described in section 842(i); and

(7) in the case of a limited permit, the applicant has certified in writing that the applicant will not receive explosive materials on more than 6 separate occasions during the 12-month period for which the limited permit is valid.

(c) The Attorney General shall approve or deny an application within a period of 90 days for licenses and permits, beginning on the date such application is received by the Attorney General.

(d) The Attorney General may revoke any license or permit issued under this section if in the opinion of the Attorney General the holder thereof has violated any provision of this chapter or any rule or regulation prescribed by the Attorney General under this chapter, or has become ineligible to acquire explosive materials under section 842(d). The Secretary's [FN2] action under this subsection may be reviewed only as provided in subsection (e)(2) of this section.

(e)(1) Any person whose application is denied or whose license or permit is revoked shall receive a written notice from the Attorney General stating the specific grounds upon which such denial or revocation is based. Any notice of a revocation of a license or permit shall be given to the holder of such license or permit prior to or concurrently with the effective date of the revocation.

(2) If the Attorney General denies an application for, or revokes a license, or permit, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation, the Attorney General may upon a request of the holder stay the effective date of the revocation. A hearing under this section shall be at a location convenient to the aggrieved party. The Attorney General shall give written notice of his decision to the aggrieved party within a reasonable time after the hearing. The aggrieved party may, within sixty days after receipt of the Secretary's written decision, file a petition with the United States court of appeals for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation, pursuant to sections 701-706 of title 5, United States Code.

(f) Licensees and holders of user permits shall make available for inspection at all reasonable times their records kept pursuant to this chapter or the regulations issued hereunder, and licensees and permittees shall submit to the Attorney General such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Attorney General may enter during business hours the premises (including places of storage) of any licensee or holder of a user permit, for the purpose of inspecting or examining (1) any records or documents required to be kept by such licensee or permittee, under the provisions of this chapter or regulations issued hereunder, and (2) any explosive materials kept or stored by such licensee or permittee at such premises. Upon the request of any State or any political subdivision thereof, the Attorney General may make available to such State or any political subdivision thereof, any information which he may obtain by reason of the provisions of this chapter with respect to the identification of persons within such State or political subdivision thereof, who have purchased or received explosive materials, together with a description of such explosive materials. The Secretary [FN1] may inspect the places of storage for explosive materials of an applicant for a limited permit or, at the time of renewal of such permit, a holder of a limited permit, only as provided in subsection (b)(4).

(g) Licenses and user permits issued under the provisions of subsection (b) of this section shall be kept posted and kept available for inspection on the premises covered by the license and permit.

(h)(1) If the Secretary [FN1] receives, from an employer, the name and other identifying information of a responsible person or an employee who will be authorized by the employer to possess explosive materials in the course of employment with the employer, the Secretary [FN1] shall determine whether the responsible person or employee is one of the persons described in any paragraph of section 842(i). In making the determination, the Secretary [FN1] may take into account a letter or document issued under paragraph (2).

(2)(A) If the Secretary [FN1] determines that the responsible person or the employee is not one of the persons described in any paragraph of section 842(i), the Secretary [FN1] shall notify the employer in writing or electronically of the determination and issue, to the responsible person or employee, a letter of clearance, which confirms the determination.

(B) If the Secretary [FN1] determines that the responsible person or employee is one of the persons described in any paragraph of section 842(i), the Secretary [FN1] shall notify the employer in writing or electronically of the determination and issue to the responsible person or the employee, as the case may be, a document that--

(i) confirms the determination;

(ii) explains the grounds for the determination;

(iii) provides information on how the disability may be relieved; and

(iv) explains how the determination may be appealed.

(i) Furnishing of samples.--

(1) In general.--Licensed manufacturers and licensed importers and persons who manufacture or import explosive materials or ammonium nitrate shall, when required by letter issued by the Secretary [FN1], furnish--

(A) samples of such explosive materials or ammonium nitrate;

(B) information on chemical composition of those products; and

(C) any other information that the Secretary [FN1] determines is relevant to the identification of the explosive materials or to identification of the ammonium nitrate.

(2) Reimbursement.--The Secretary [FN1] shall, by regulation, authorize reimbursement of the fair market value of samples furnished pursuant to this subsection, as well as the reasonable costs of shipment.

CREDIT(S)

(Added Pub.L. 91-452, Title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 955; amended Pub.L. 107-296, Title XI, §§ 1112(e)(3), 1122(c) to (h), 1124, Nov. 25, 2002, 116 Stat. 2276, 2280 to 2283, 2285.)

[FN1] So in original. Probably should be “Attorney General”.

[FN2] So in original. Probably should be “Attorney General's”.

2002 Acts. Amendment to this section by Pub.L. 107-296 effective 60 days after Nov. 25, 2002, see Pub.L. 107-296, § 4, set out as a note under 6 U.S.C.A. § 101.

Pub.L. 107-296, Title XI, § 1122(i), Nov. 25, 2002, 116 Stat. 2283, provided that:

“(1) In general.--The amendments made by this section [amending this section and 18 U.S.C.A. §§ 841 and 842] shall take effect 180 days after the date of enactment of this Act [Nov. 25, 2002].

“(2) Exception.--Notwithstanding any provision of this Act [the Homeland Security Act, Pub.L. 107-296, Nov. 25, 2002, 116 Stat. 2135; see Short Title note set out under 6 U.S.C.A. § 101 and Tables for complete classification], a license or permit issued under section 843 of title 18, United States Code [this section], before the date of enactment of this Act [Nov. 25, 2002], shall remain valid until that license or permit is revoked under section 843(d) [subsec. (d) of this section] or expires, or until a timely application for renewal is acted upon.”

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 844

Effective: November 30, 2004

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive Materials (Refs & Annos)

§ 844. Penalties

(a) Any person who--

(1) violates any of subsections (a) through (i) or (l) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both; and

(2) violates subsection (p)(2) of section 842, shall be fined under this title, imprisoned not more than 20 years, or both.

(b) Any person who violates any other provision of section 842 of this chapter shall be fined under this title or imprisoned not more than one year, or both.

(c)(1) Any explosive materials involved or used or intended to be used in any violation of the provisions of this chapter or any other rule or regulation promulgated thereunder or any violation of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.

(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Attorney General may by regulation prescribe.

(3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Attorney General for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Attorney General that--

(A) the property has not been used or involved in a violation of law; or

(B) any unlawful involvement or use of the property was without the claimant's knowledge, consent, or willful blindness,

the Attorney General shall make an allowance to the claimant not exceeding the value of the property destroyed.

(d) Whoever transports or receives, or attempts to transport or receive, in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years, or fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years or fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.

(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than 10 years or fined under this title, or both.

(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, or any institution or organization receiving Federal financial assistance, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.

(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both.

(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both.

(g)(1) Except as provided in paragraph (2), whoever possesses an explosive in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or in any building in whole or in part owned, possessed, or used by, or leased to, the United States or any department or agency thereof, except with the written consent of the agency, department, or other person responsible for the management of such building or airport, shall be imprisoned for not more than five years, or fined under this title, or both.

(2) The provisions of this subsection shall not be applicable to--

(A) the possession of ammunition (as that term is defined in regulations issued pursuant to this chapter) in an airport that is subject to the regulatory authority of the Federal Aviation Administration if such ammunition is either in checked baggage or in a closed container; or

(B) the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from, or subject to and in accordance with, regulations of the Pipeline and Hazardous Materials Safety Administration for the handling of hazardous materials pursuant to chapter 51 of title 49.

(h) Whoever--

(1) uses fire or an explosive to commit any felony which may be prosecuted in a court of the United States, or

(2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States,

including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for 10 years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for 20 years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the felony in which the explosive was used or carried.

(i) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.

(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section and section 842(p), the term “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.

(k) A person who steals any explosives materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.

(l) A person who steals any explosive material from a licensed importer, licensed manufacturer, or licensed dealer, or from any permittee shall be fined under this title, imprisoned not more than 10 years, or both.

(m) A person who conspires to commit an offense under subsection (h) shall be imprisoned for any term of years not exceeding 20, fined under this title, or both.

(n) Except as otherwise provided in this section, a person who conspires to commit any offense defined in this chapter shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense the commission of which was the object of the conspiracy.

(o) Whoever knowingly transfers any explosive materials, knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence (as defined in section 924(c)(3)) or drug trafficking crime (as defined in section 924(c)(2)) shall be subject to the same penalties as may be imposed under subsection (h) for a first conviction for the use or carrying of an explosive material.

(p) Theft reporting requirement.--

(1) In general.--A holder of a license or permit who knows that explosive materials have been stolen from that licensee or permittee, shall report the theft to the Secretary [FN1] not later than 24 hours after the discovery of the theft.

(2) Penalty.--A holder of a license or permit who does not report a theft in accordance with paragraph (1), shall be fined not more than $10,000, imprisoned not more than 5 years, or both.

CREDIT(S)

(Added Pub.L. 91-452, Title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 956; amended Pub.L. 97-298, § 2, Oct. 12, 1982, 96 Stat. 1319; Pub.L. 98-473, Title II, § 1014, Oct. 12, 1984, 98 Stat. 2142; Pub.L. 100-690, Title VI, § 6474(a), (b), Nov. 18, 1988, 102 Stat. 4379, 4380; Pub.L. 101-647, Title XXXV, § 3522, Nov. 29, 1990, 104 Stat. 4924; Pub.L. 103-272, § 5(e)(7), July 5, 1994, 108 Stat. 1374; Pub.L. 103-322, Title VI, § 60003(a)(3), Title XI, §§ 110504(b), 110509, 110515(b), 110518(b), Title XXXII, §§ 320106, 320917(a), Title XXXIII, §§ 330016(1)(H), (K), (L), (N), Sept. 13, 1994, 108 Stat. 1969, 2016, 2018, 2020, 2111, 2129, 2147, 2148; Pub.L. 104-132, Title VI, § 604, Title VII, §§ 701, 706, 708(a), (c)(3), 724, Apr. 24, 1996, 110 Stat. 1289, 1291, 1295, 1296, 1297, 1300; Pub.L. 104-294, Title VI, § 603(a), Oct. 11, 1996, 110 Stat. 3503; Pub.L. 106-54, § 2(b), Aug. 17, 1999, 113 Stat. 399; Pub.L. 107-296, Title XI, §§ 1112(e)(3), 1125, 1127, Nov. 25, 2002, 116 Stat. 2276, 2285; Pub.L. 108-426, § 2(c)(6), Nov. 30, 2004, 118 Stat. 2424.)

[FN1] So in original. Probably should be “Attorney General”.

2002 Acts. Amendment to this section by Pub.L. 107-296 effective 60 days after Nov. 25, 2002, see Pub.L. 107-296, § 4, set out as a note under 6 U.S.C.A. § 101.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 845

Effective: July 29, 2010

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive Materials (Refs & Annos)

§ 845. Exceptions; relief from disabilities

(a) Except in the case of subsection (l), (m), (n), or (o) of section 842 and subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, this chapter shall not apply to:

(1) aspects of the transportation of explosive materials via railroad, water, highway, or air that pertain to safety, including security, and are regulated by the Department of Transportation or the Department of Homeland Security;

(2) the use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States Pharmacopeia, or the National Formulary;

(3) the transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or political subdivision thereof;

(4) small arms ammunition and components thereof;

(5) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in section 921(a)(16) of title 18 of the United States Code, or in antique devices as exempted from the term “destructive device” in section 921(a)(4) of title 18 of the United States Code;

(6) the manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by the military or naval services or other agencies of the United States; or to arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States and [FN1]

(7) the transportation, shipment, receipt, or importation of display fireworks materials for delivery to a federally recognized Indian tribe or tribal agency.

(b)(1) A person who is prohibited from shipping, transporting, receiving, or possessing any explosive under section 842(i) may apply to the Attorney General for relief from such prohibition.

(2) The Attorney General may grant the relief requested under paragraph (1) if the Attorney General determines that the circumstances regarding the applicability of section 842(i), and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of such relief is not contrary to the public interest.

(3) A licensee or permittee who applies for relief, under this subsection, from the disabilities incurred under this chapter as a result of an indictment for or conviction of a crime punishable by imprisonment for a term exceeding 1 year shall not be barred by such disability from further operations under the license or permit pending final action on an application for relief filed pursuant to this section.

(c) It is an affirmative defense against any proceeding involving subsections (l) through (o) of section 842 if the proponent proves by a preponderance of the evidence that the plastic explosive--

(1) consisted of a small amount of plastic explosive intended for and utilized solely in lawful--

(A) research, development, or testing of new or modified explosive materials;

(B) training in explosives detection or development or testing of explosives detection equipment; or

(2) was plastic explosive that, within 3 years after the date of enactment of the Antiterrorism and Effective Death Penalty Act of 1996, will be or is incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located.

(3) For purposes of this subsection, the term “military device” includes, but is not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.

CREDIT(S)

(Added Pub.L. 91-452, Title XI, § 1102(a), Oct. 15, 1970, 84 Stat. 958; amended Pub.L. 93-639, § 101, Jan. 4, 1975, 88 Stat. 2217; Pub.L. 104-132, Title VI, § 605, Apr. 24, 1996, 110 Stat. 1289; Pub.L. 107-296, Title XI, §§ 1112(e)(3), 1126, Nov. 25, 2002, 116 Stat. 2276, 2285; Pub.L. 109-59, Title VII, § 7127, Aug. 10, 2005, 119 Stat. 1909; Pub.L. 111-211, Title II, § 236(a), (c), July 29, 2010, 124 Stat. 2286.)

[FN1] So in original. Probably should read “; and”.

2002 Acts. Amendment to this section by Pub.L. 107-296 effective 60 days after Nov. 25, 2002, see Pub.L. 107-296, § 4, set out as a note under 6 U.S.C.A. § 101.

Current through P.L. 113-11 (excluding P.L. 113-4) approved 5-24-13

18 U.S.C.A. § 846

Effective:[See Notes]

United States Code Annotated Currentness

Title 18. Crimes and Criminal Procedure (Refs & Annos)

Part I. Crimes (Refs & Annos)

Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive Materials (Refs & Annos)

§ 846. Additional powers of the Attorney General

(a) The Attorney General is authorized to inspect the site of any accident, or fire, in which there is reason to believe that explosive materials were involved, in order that if any such incident has been brought about by accidental means, precautions may be taken to prevent similar accidents from occurring. In order to carry out the purpose of this subsection, the Attorney General is authorized to enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unauthorized location. Nothing in this chapter shall be construed as modifying or otherwise affecting in any way the investigative authority of any other Federal agency. In addition to any other investigatory authority they have with respect to violations of provisions of this chapter, the Federal Bureau of Investigation, together with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, shall have authority to conduct investigations with respect to violations of subsection (d), (e), (f), (g), (h), or (i) of section 844 of this title.

(b) The Attorney General is authorized to establish a national repository of information on incidents involving arson and the suspected criminal misuse of explosives. All Federal agencies having information concerning such incidents shall report the information to the Attorney General pursuant to such

Title 18 Former Sections	Title 18 New Sections
1, 2	2381
3	2382
4	2383
5	953
6	2384
7	2389
8	2390
9	2387
10	2385
11	2385, 2387
12	Rep. See Cr.Proc.R. 41(c)
13	2385, 2387
14 to 17	2386
21	958
22	959
23	962
24	961
25	960
26	T. 22 § 461
27	T. 22 § 462
28	T. 22 § 463
29	T. 22 § 464
30	959
31	967
32	963
33	964
34	965
35	966
36	963, 964, 965, 966, 967
37	756, 3058
38	T. 22 § 465
39	5, 3241
51	241
52	242
53	Rep.
53a	2236
54	372
55	592
56 to 58	593
59	592, 593
61	594
61a	595
61b	600
61c	601
61d	604
61e	605
61f	598
61g	594, 595, 598, 600, 601, 604, 605
61h	T. 5 § 118i
61i	T. 5 § 118j
61j, 61k	Rep.
61l	T. 5 § 118k
61m	608
61m-1	611
61n	595
61o	T. 5 § 118l
61p	T. 5 § 118m
61q	Rep.
61r	T. 5 § 118n
61s	595
61t	610
61u	595
61v to 61x	Elim.
62 to 62b	612
71	497
72	494
73	495
74	1002
75	1016
76	912
76a, 76b	701
76c	707, 916
76d	707
76e	705
77	Rep.
77a	913
78	914
79	1003
80	287, 1001
81	289
82	641, 1361
83	286
84	1022
85	1023
86	1024
87	641
88	371
89	871
90	T. 34 § 1167
91	201
92	285
93	434
94	1381
95	1232
96	2152
97	1382
97a	1383
97b	757
98	11, 957
99	2112
100	641
101	641, 3435
102	Rep.
103	1852
103a, 103b	1851
104	1853
105	1854
106	1855
107	1856
107a	1863
108	3613
109	1862
110	1857
111	1858
112	1859
113	1860
114	1861
115	T. 25 § 202
116	1362
117	2074
118	111
119	496
120	551
121	2231, 2232, 2233
122	T. 19 § 70
123	912
124	211
125	543
126	541
127	1019
128	2233
129	507
130	1017
131	506
132	499
133	5
134	Rep.
135	Rep.
136	498
137 to 143	Rep.
144	2194
145	41
146	508
147	509
148	3056
149	210
150	211
151	210, 211
171	872
172	652
173	653
174	650
175	648
176	643
177	649
178	649
178a	371
179	3497
180	3487
181	6514
182	641
183	654
184	435
185	646
186	645
187	647
188	2075
189	2073
190, 191	Rep.
192	1901
193	291
194	1091
195	1018
196	1912
198	283
198a	283
199	205
200	204
201	1913
202	216
203	281
204	431
205	432
206	433
207	202
208	602
209	603
210	606
211	607
212	602, 603, 606, 607
213	T. 5 § 118o
214	1902
215	2072
216	1905
231	1621
232	1622
233	1506
234	2071
235	2071
236	505
237	206
238	207
239	208
240	210
241	1503
241a	1505
242	Rep.
243	1504
244	755
245	1501
246	752, 1071
247	752
248	753
249	754
250	873
251	4
252	752, 1792
253	1114, 2231
254	111, 2231
261	8
262	471
263	Rep.
264	474
265	472
266	476
267	477
268	473
269	642
270	478
271	479
272	482
273	483
274	480
275	481
276	484
277	485
278	490
279	331
280	332
281	486
282	491
282a	491
283	487
284	488
285	489
286	492
287	Rep. See Cr.Proc.R. 41(a), (b), (f)
288	11
289	335
290	Rep.
291	333
292	475
293	336
294	371
301	12
302	1729
303	1693
304	1696
305	1697
306	1696
307	1694
308	1695
309	1696
310	1730
311	1731
312	1706
313	1707
314	1704
315	2115
316	2116
317	1702, 1708
318	1703, 1709
319	1703, 1710
320	2114
321	1705, 1708
321a	1725
322	1700
323	1698
324, 325	1701
326	1724
327	1699
328	1720
329	1712
330	1726
331	1721
332	1727
333	1713
334	1461
335	1463, 1718
336	1302
337	1303
338	1341
338a	876, 3239
338b	877, 3239
338c	1714
338d	Rep.
339	1342
340	1716
341, 342	Rep.
343 to 345	1717
346	5, 1717
347	500
348	501
349	11, 502
349a	503
350	504
351	1723
352	1732
353	1722
354	288
355	1711, 3497
356	440
357	1719
358	1728
359	1692
360	12
361	1715
381	5, 1364
382	831, 832
383	835
384	833
385	832, 833, 834, 835
386	832, 833, 834, 835
387	1301
388	1264
389	1265
390	1263
391	42
392	43
393	44
393a	43, 44, 3054, 3112
394	42, 43, 44
395	T. 16 § 667e
396	1462
396a, 396b	1761
396c to 396e	1762
397, 398	2421
399	2422
400	2423
401	2421
402(1)	T. 8 § 1557
402(2)	2424
402(3)	2424
403	Rep.
404	2421
405 to 407	Rep.
407a	1231
408	10, 2311, 2312, 2313
408a	1201
408b	10
408c	1201
408c-1	1202
408d	875, 3239
408e	1073
409	659, 660, 2117
410, 411	659
412	660
412a	1992
413	Rep.
414(a)	10
414(b), (c)	2311
415	2314
416	2315
417	2311
418, 418a, 419	Rep.
419a(a)	2311
419a(b)	10
419b	2316
419c	2317
419d	Rep.
420	T. 4 § 112
420a to 420e-1	1951
420f to 420h	1821
421, 422	1585
423	1584
424	1582
425	1585
426	1587
427	1586
428	1588
429	T. 46 § 1351
430	T. 46 § 1352
431	T. 46 § 1353
432	T. 46 § 1354
433	T. 46 § 1355
434	T. 46 § 1356
435	T. 46 § 1357
436	T. 46 § 1358
437	T. 46 § 1359
438	T. 46 § 1360
439	T. 46 § 1361
440	T. 46 § 1362
441	T. 46 § 1363
442	T. 46 § 1364
443	1583
444, 445	1581
446	1584
451	7
452	1111
453	1112
454	1111, 1112
455	113
456	1113
457	2031
458	2032
459	2198
460	2198, 3286, 3614
461	1115
462	114
463	2111
464	81, 1363
465	81, 1363
466	661
467	662, 3435
467a	1025
468	13
469 to 474	2199
481	1651
482	2191
483	2192
484	2193
485	1655
486	2195
487	2271
488	1658
489	1659
490	2276
491	2272
492	2273
493	1661
494	1654
495	1652
496	1653
497	1656
498	1657
499, 500	969
501	9
502	5, 2275
503, 504	2277
505	1081
506	1082
507	1083
508	Rep.
511 to 518	Rep.
518a	1384
519 to 521	Rep.
522	1991
523	244
532 to 535	Rep.
536	T. 50 § 42
541	1
542	3566
543	3567
544	3563
545	3564
546	3231
547	3231
548	1151, 1153, 3242
549	1151, 1153
550	2
551	3
552	1660
553	3236
554	Rep. See Cr.Proc.R. 6(f)
554a	Rep. See Cr.Proc.R. 6
555	Rep. See Cr.Proc.R. 7(a)
556	Rep. See Cr.Proc.R. 6(d), 52(a)
556a	3288, 3289
556b	Rep.
557	Rep. See Cr.Proc.R. 8, 13, 14
558	Rep. See Cr.Proc.R. 7
559	Rep. See Cr.Proc.R. 7
560	Rep. See Cr.Proc.R. 7
561	Rep. See Cr.Proc.R. 12(b)(5)
562	3432
562a	Rep. See Cr.Proc.R. 10
563	3005
564	Rep. See Cr.Proc.R. 11, 12(b)(3)
565	Rep. See Cr.Proc.R. 31(c)
566	Rep. See Cr.Proc.R. 31(a), (b)
567	1111
568	3570
569	3565
570	3612
571 to 573	Rep.
574	3241
575	3059
576	3401
576a	3402
576b to 576d	3401
581	Rep.
581a, 581b	3281
582	3282
583	3290
584	3283
585	T. 26 [I.R.C.1939]
	§ 3748(a) (See T.26 [I.R.C.1954] § 6531)
586	T. 26 [I.R.C.1939]
	§ 3748(b) (See T. 26 [I.R.C.1954] § 6531)
587	3288
588	3289
589	3288, 3289
590	Rep.
590a	3287
591	3041
592	Rep.
593	Rep. See Cr.Proc.R. 5(a)
594	3045
595	Rep. See Cr.Proc.R. 4, 5
596, 597	3141
598	3144
599	3142
600	3143
601	Rep. See Cr.Proc.R. 46(f)(1), (2)
602	3047
603	4084
604	3049
605	3012
611 to 616	Rep. See Cr.Proc.R. 41
617	3105
618, 619	3109
620 to 626	Rep. See Cr.Proc.R. 41
627	Rep.
628	2231
629	1621
630	2235
631	2234
632	5
633	Rep.
641	3569
642	T. 46 § 7
643	T. 46 § 8
644	T. 28 § 1822
645	3611
646	3617
647	3616
651	3184
652	3185
653	3186
654	3188
655	3190
656	3191
657	3189
658	3181
659	3192
660	3051, 3193
661	752, 1502
662	3182, 3195
662a	5001
662b	3042
662c	752, 3183, 3195
662d	3187, 3195
662e	755
663	3194
664	Rep.
665	755
666	Rep.
667	Rep.
668	3195, 3498
669 to 676	D.C.Code
681	Rep. See Cr.Proc.R. 37
682	3731
683	Rep.
687	3771
688	3772
689	3771, 3772
691	Rep.
692	4086
693 to 700	Rep.
701	4007
702	Rep.
703	4006
704, 704a	D.C.Code
705 to 707	Rep.
708	436
709	436
709a	3568
710, 710a	4161
711	4166
712, 712a	Rep.
713	4163, 4165
714	4202
715	Rep.
716	4203, 4204
716a	4203
716b	4164
717	4205
718	4206
719	4207
720	Rep.
721	4281
722	Rep.
723	3570
723a	4201
723b	Rep.
723c	4205
724	3651
725	3653
726	3654
726-1	T. 28 § 604
726a	T. 28 § 604
727	3655
728	3656
729	T. 28 §§ 1495, 2513
730 to 732	T. 28 § 2513
733 to 733b	4085
741	4001
742 to 744	Rep.
744a	4122
744b	4125
744c	4122, 4123
744d, 744f	4126
744g	4124
744h	4162
744h-1	Rep.
744i, 744j	4121
744k	4122
744l	4126
744m	4127
744n	4128
744o to 744r	Elim.
745	Rep.
746	4281
746a	4282
746b	4283
747 to 749	Rep.
750	T. 5 § 678b
751, 752	4005
753	4041
753a	4042
753b	4002, 4242
753c	4003
753d	4009
753e	4001
753f	4082, 4083
753g	4008
753h	751
753i	752, 1072
753j	1791
753k	3050
754	4004
761	Rep.
762	4083
763 to 776	Rep.
791 to 801	Rep.
811 to 815	Rep.
816	4321
817 to 819	Rep.
831 to 840	Rep.
851	4125
852	Rep.
853 to 855	4125
871 to 875	Rep.
876	4241
877	4242
878	4243
879, 880	Rep.
901 to 906	Rep.
907	4081
908	1791
909	751
910	752, 1072
911, 912	Rep.
921	5031
922	5032, 5033
923	5033
924	5034
9325	5035
926	5036
927	5037
928	D.C.Code
929	Rep.