FINAL REPORT
OF THE
NATIONAL COMMISSION ON REFORM
OF FEDERAL CRIMINAL LAWS
A PROPOSED NEW
FEDERAL CRIMINAL CODE
(Title 18, United States Code)
U.S. GOVERNMENT PRINTING OFFICEWASHINGTON. D.C.: 1971
For sale by the Superintendent of Documents. U.S. Government Printing Office
Washington, D.C. 20402 ‑ $1.75
THE NATIONAL COMMISSION ON REFORM OF
FEDERAL CRIMINAL LAWS
HON. EDMUND G. BROWN OF CALIFORNIA
Chairman
CONGRESSMAN RICHARD H. POFF OF VIRGINIA
Vice Chairman
U.S. CIRCUIT JUDGE GEORGE C. EDWARDS, JR. OF MICHIGAN
SENATOR SAM J. ERVIN, JR. OF NORTH CAROLINA
U.S. DISTRICT JUDGE A. LEON HIGGINBOTHAM, JR. OF PENNA.
SENATOR ROMAN L. HRUSKA OF NEBRASKA
CONGRESSMAN ROBERT W. KASTENMEIER OF WISCONSIN
U.S. DISTRICT JUDGE THOMAS J. MACBRIDE OF CALIFORNIA
SENATOR JOHN L. McCLELLAN OF ARKANSAS
CONGRESSMAN ABNER J. MIKVA OF ILLINOIS
DONALD SCOTT THOMAS, ESQ. OF TEXAS
THEODORE VOORHEES, ESQ. OF DIST. COL.
U.S. Circuit Judge James M. Carter of California and Congressman Don Edwards of California served as members of the Commission from its inception until December 1967 and October 1969, respectively.
Advisory Committee
Hon. TOM C. CLARK, Chairman
MAJ. GEN. CHARLES L. DECKER
HON. BRIAN P. GETTINGS
(from Oct. 1969)
HON. PATRICIA ROBERTS HARRIS
FRED B. HELMS, ESQ.
HON. BYRON O. HOUSE
(to Sept. 1969)
HON. HOWARD R. LEARY
ROBERT M. MORGENTHAU, ESQ.
DEAN LOUIS H. POLLAK
CECIL F. POOLE, ESQ.
MILTON G. RECTOR
HON. ELLIOT L. RICHARDSON
(to Apr. 1969)
GUS TYLER
(to Nov. 1969)
PROF. JAMES VORENBERG
WILLIAM F. WALSH, ESQ.
PROF. MARVIN E. WOLGANG
LOUIS B. SCHWARTZ, Director
RICHARD A. GREEN, Deputy Director
JOHN W. DEAN III, Associate Director (to Feb. 1969)
DAVID P. BANCROFT, Associate Director (from Dec 1969)
BURTON C. AGATA, Senior Counsel
MILTON M. STEIN, Senior Counsel
NANCY M. CLARKSON, Counsel
LEE CROSS, Counsel
THOMAS F. HOGAN, Counsel
DANIEL J. POCHODA, Counsel
JOHN A. TERRY, Counsel
Temporary Counsel: Sandor Frankel, Marshall T. Golding, Paula R. Markowitz, Steven R. Rivkin, David Robinson.
Research Assistants: Richard Agulia, Judy R. Brody, Kerry L. Cathcart, Rebecca Hanslin, Anne Hewitt, Charles L. Renda, Howard Stahl.
Clerical Staff: Anne Felegy, Betty M. Palmer, Barbara I. Mohammed, Jane E. Thomas, Leamond Meekins, Pauline T. Bischoff, Patricia L. Connally.
Consultants
GERALD H. ABRAMS, Professor at Rutgers Univ. Law School (Camden) (Proof and Presumptions).
NORMAN ABRAMS, Professor at U.C.L.A. School of Law ( Federal Jurisdiction; Assimilated Offenses; Fugitive Felon Act).
BURTON C. AGATA. Professor at Univ. of Houston Law School (Obstruction of Justice).
PAUL BENDER, Professor at Univ. of Pennsylvania Law (Obscenity Controls).
G. ROBERT BLAKEY, Professor at Notre Dame Law School; Chief Counsel to the Subcommittee on Criminal Laws and Procedures of the U.S. Senate Judiciary Committee (Conspiracy and Organized Crime).
ROBERT G. DIXON, JR., Professor at George Washington Univ. Law School (Immunity; Civil Rights and Elections).
STEVEN DUKE, Professor at Yale Law School (Protecting Federal Revenues).
RONALD L. GOLDFARB, Practicing Attorney, Washington D.C. (Contempt).
JOSEPH GOLDSTEIN, Professor at Yale Law School (Riots).
PETER W. LOW, Professor at Univ. of Virginia School of Law (Sentencing; Theft: Forgery and Other Fraudulent Practices).
ROBERT G. MORVILLO, Practicing Attorney, New York, N.Y. (Gambling).
FRANK Q. NEBEKER, Judge of the District of Columbia, Court of Appeals; formerly Assistant U.S. Attorney, District of Columbia (Limitations on Prosecution).
DAVID ROBINSON, Professor at George Washington Univ. Law School (Insanity;
Intoxication).
MICHAEL P. ROSENTHAL, Professor at Univ. of Texas School of Law (Drugs).
ARTHUR I. ROSETT, Professor at U.C.L.A. School of Law (Multiple Prosecutions).
JOHN SPRIZZO, Professor at Fordham Univ. School of Law (Gambling).
JAMES E. STARRS, Professor at George Washington Univ. Law School (Entrapment).
LLOYD L. WEINREB, Professor at Harvard Law School (Criminal Liability, Culpability, and Mistake).
FRANK E. ZIMRING, Professor at Univ. of Chicago Law School (Firearms).
TABLE OF CONTENTS
TRANSMITTAL LETTER OF EDMUND G. BROWN, CHAIRMAN, SUBMITTING THE FINAL REPORT TO THE PRESIDENT AND CONGRESS.................................................
FOREWORD............................................................................................................................
PROVISIONS OF PROPOSED CODE...................................................................................
PART A. GENERAL PROVISIONS...........................................................................
PART B. SPECIFIC OFFENSES................................................................................
PART C. THE SENTENCING SYSTEM....................................................................
TABLE I: DISPOSITION OF TITLE 18 PROVISIONS.........................................................
TABLE II: PROVISIONS OUTSIDE TITLE 18 AFFECTED BY CRIMINAL CODE.........
TABLE III: NOTABLE CHANGES FROM STUDY DRAFT TEXT....................................
APPENDIX A: ACT ESTABLISHING THE COMMISSION; JUDICIARY COMMITTEE RESOLUTIONS AND EXECUTIVE LETTER AUTHORIZING SUBMISSION OF THE FINAL REPORT BY JANUARY 8, 1971...............................................................................
APPENDIX B: BIOGRAPHIES OF COMMISSIONERS......................................................
APPENDIX C: BIOGRAPHIES OF ADVISORY COMMITTEE MEMBERS.....................
DETAILED TABLE OF CONTENTS:CODE PARTS A, B AND C
PART A. GENERAL PROVISIONS
CHAPTER 1. PRELIMINARY PROVISIONS
§ 101. Title; Effective Date; Application.....................................................................
§ 102. General Purposes...............................................................................................
§ 103. Proof and Presumptions.....................................................................................
§ 104. Authorization and Certification by Attorney General........................................
§ 109. General Definitions...........................................................................................
CHAPTER 2. FEDERAL PENAL JURISDICTION
§ 201. Common Jurisdictional Bases...........................................................................
§ 202. Jurisdiction Over Included Offenses.................................................................
§ 203. Prospective Federal Jurisdiction........................................................................
§ 204. Culpability Not Required As to Jurisdiction ....................................................
§ 205. Multiple Jurisdictional Bases ...........................................................................
§ 206. Federal Jurisdiction Not Pre‑Emptive...............................................................
§ 207. Discretionary Restraint in Exercise of Concurrent Jurisdiction .......................
§ 208. Extraterritorial Jurisdiction ..............................................................................
§ 209. Assimilated Offenses ........................................................................................
§ 210. Special Maritime and Territorial Jurisdiction Defined ....................................
§ 211. Special Limited Jurisdiction .............................................................................
§ 212. Piracy as Jurisdictional Base.............................................................................
§ 219. Definitions for Chapter 2...................................................................................
CHAPTER 3. BASIS OF CRIMINAL LIABILITY; CULPABILITY; CAUSATION
§ 301. Basis of Liability for Offenses ..........................................................................
§ 302. Requirements of Culpability..............................................................................
§ 303. Mistake of Fact in Affirmative Defenses...........................................................
§ 304. Ignorance or Mistake Negating Culpability........................................................
§ 305. Causal Relationship Between Conduct and Result ...........................................
CHAPTER 4. COMPLICITY
§ 401 Accomplices.....................................................................................................
§ 402. Corporate Criminal Liability.............................................................................
§ 403. Individual Accountability for Conduct on Behalf of Organizations.................
§ 409. General Provisions for Chapter 4......................................................................
CHAPTER 5. RESPONSIBILITY DEFENSES: JUVENILES; INTOXICATION; MENTAL DISEASE OR DEFECT
§ 501. Juveniles
§ 502. Intoxication
§ 503. Mental Disease or Defect
CHAPTER 6. DEFENSES INVOLVING JUSTIFICATION AND EXCUSE
§ 601. Justification
§ 602. Execution of Public Duty
§ 603. Self-Defense
§ 604. Defense of Others
§ 605. Use of Force by Persons with Parental,Custodial or Similar Responsibilities
§ 606. Use of Force in Defense of Premises and Property
§ 607. Limits on the Use of Force: Excessive Force; Deadly Force
§ 608. Excuse
§ 609. Mistake of Law
§ 610. Duress
§ 619. Definitions for Chapter 6
CHAPTER 7. TEMPORAL AND OTHER RESTRAINTS ON PROSECUTION
§ 701. Statute of Limitations
§ 702. Entrapment
§ 703. Prosecution for Multiple Related Offenses
§ 704. When Prosecution Barred by Former Prosecution for Same Offense
§ 705. When Prosecution Barred by Former Prosecution for Different 0ffense
§ 706. Prosecutions Under Other Federal Codes.
§ 707. Former Prosecution in Another Jurisdiction: When a Bar
§ 708. Subsequent Prosecution by a Local Government: When Barred
§ 709. When Former Prosecution Is Invalid or Fraudulently Procured
PART B. SPECIFIC OFFENSES
CHAPTER 10. OFFENSES OF GENERAL APPLICABILITY
§ 1001. Criminal Attempt
§ 1002. Criminal Facilitation
§ 1003. Criminal Solicitation
§ 1004. Criminal Conspiracy
§ 1005. General Provisions Regarding Sections 1001 to 1004
§ 1006. Regulatory Offenses
CHAPTER 11. NATIONAL SECURITY Introductory Note
§ 1101. Treason
CHAPTER 11. NATIONAL SECURITY
§ 1102. Participating in or Facilitating War Against the United States Within Its Territory
§ 1103. Armed Insurrection
§ 1104. Para-Military Activities
§ 1105. Sabotage
§ 1106. Recklessly Impairing Military Effectiveness
§ 1107. Intentionally Impairing Defense Functions
§ 1108. Avoiding Military Service Obligations
§ 1109. Obstruction of Recruiting or Induction into Armed Form
§ 1110. Causing Insubordination in the Armed Forces
§ 1111. Impairing Military Effectiveness by False Statement
§ 1112. Espionage
§ 1113. Mishandling National Security Information
§ 1114. Misuse of Classified Communications Information
§ 1115. Misuse of Classified Information by Public Servant
§ 1116. Prohibited Recipients Obtaining Information
§ 1117. Wartime Censorship of Communications
§ 1118. Harboring or Concealing National Security Offenders
§ 1119. Aiding Deserters
§ 1120. Aiding Escape of Prisoner of War or Enemy Alien
§ 1121. Offenses Relating to Vital Materials
§ 1122. Person Trained in Foreign Espionage or Sabotage
§ 1129. Time of War; Culpability
CHAPTER 12. FOREIGN RELATIONS, IMMIGRATION AND NATIONALITY
FOREIGN RELATIONS AND TRADE
§ 1201. Military Expeditions Against Friendly Powers
§ 1202. Conspiracy to Commit Offenses Against a Friendly Nation
§ 1203. Unlawful Recruiting for and Enlistment in Foreign Armed Forces
§ 1204. International Transactions
§ 1205. Orders Prohibiting Departure of Vessels and Aircraft
§ 1206. Failure of Foreign Agents to Register
CHAPTER 12. FOREIGN RELATIONS, IMMIGRATION AND NATIONALITY
IMMIGRATION, NATURALIZATION AND PASSPORTS Introductory Note
§ 1221. Unlawful Entry Into the United States
§ 1222. Unlawfully Bringing Alien Into the United States
§ 1223. Hindering Discovery of Illegal Entrants
§ 1224. Obtaining Naturalization or Evidence of Citizenship by Deception
§ 1225. Fraudulent Acquisition or Improper Use of Passports
§ 1229. Definitions for Sections 1221 to 1225
CHAPTER 13. INTEGRITY AND EFFECTIVENESS or GOVERNMENT OPERATIONS PHYSICAL OBSTRUCTION OE GOVERNMENT FUNCTION AND RELATED OFFENSES
§ 1301. Physical Obstruction of Government Function
§ 1302. Preventing Arrest or Discharge of Other Duties
§ 1303. Hindering Law Enforcement
§ 1304. Aiding Consummation of Crime
§ 1305. Failure to Appear After Release; Bail Jumping
§ 1306. Escape
§ 1307. Public Servants Permitting Escape
§ 1308. Inciting or Leading Riot m Detention Facilities
§ 1309. Introducing or Possessing Contraband Useful for Escape
§ 1310. Flight to Avoid Prosecution or Giving Testimony
OBSTRUCTION OF JUSTICE
§ 1321. Tampering With Witnesses and Informants in Proceedings
§ 1322. Tampering With Informants in Criminal Investigations
§ 1323. Tampering With Physical Evidence
§ 1324. Harassment of and Communication With Jurors
§ 1325. Demonstrating to Influence Judicial Proceedings
§ 1326. Eavesdropping on Jury Deliberations
§ 1327. Nondisclosure of Retainer in Criminal Matter
CRIMINAL CONTEMPT AND RELATED OFFENSES
§ 1341. Criminal Contempt
§ 1342. Failure to Appear as Witness, to Produce Information or to be Sworn
§ 1343. Refusal to Testify
CHAPTER 13. INTEGRITY AND EFFECTIVENESS OF GOVERNMENT OPERATIONS
§ 1344. Hindering Proceedings by Disorderly Conduct
§ 1345. Disobedience of Judicial Order
§ 1346. Soliciting Obstruction of Proceedings
§ 1349. Certification for Prosecution of Offenses Under Sections 1342 to 1345
PERJURY, FALSE STATEMENTS AND INTEGRITY OF PUBLIC RECORDS
§ 1351. Perjury
§ 1352. False Statements
§ 1353. False Statement Obstracting the Foreign Relations of the United States
§ 1354. False Reports to Security Officials
§ 1355. General Provisions for Sections 1351 to1354
§ 1356. Tampering With Public Records
BRIBERY AND INTIMIDATION
§ 1361. Bribery
§ 1362. Unlawful Rewarding of Public Servants
§ 1363. Unlawful Compensation for Assistance in Government Matters
§ 1364. Trading in Public Office and Political Endorsement
§ 1365. Trading in Special Influence
§ 1366. Threatening Public Servants
§ 1367. Retaliation
§ 1368. Federal Jurisdiction Over Offenses in Sections 1361 to 1367
§ 1369. Definitions for Sections 1361 to 1368
OFFICIAL MISCONDUCT REGARDING CONFIDENTIAL INFORMATION AND SPECULATION
§ 1371. Disclosure of Confidential Information Provided to Government
§ 1372. Speculating or Wagering on Official Action or Information
IMPERSONATING OFFICIALS
§ 1381. Impersonating Officials
CHAPTER 14. INTERNAL REVENUE AND CUSTOMS OFFENSES
Introductory Note
INTERNAL REVENUE OFFENSES
§ 1401. Tax Evasion
§ 1402. Knowing Disregard of Tax Obligations
§ 1403. Unlawful Trafficking in Taxable Objects
§ 1404. Possession of Unlawfully Distilled Spirits
CHAPTER 14. INTERNAL REVENUE AND CUSTOMS OFFENSES
§ 1405. Presumptions Applicable to Sections 1403 and 1404
§ 1409. Definitions for Sections 1401 to 1409
CUSTOMS OFFENSES
§ 1411. Smuggling
CHAPTER 15. CIVIL RIGHTS AND ELECTIONS
PROTECTION OF FEDERAL RIGHTS GENERALLY
§ 1501. Conspiracy Against Rights of Citizens
§ 1502. Deprivation of Rights Under Color of Law
INTERFERENCE WITH PARTICIPATION IN SPECIFIED ACTIVITIES
Introductory Note
§ 1511. Interference with Elections, Federal or Federally-Assisted Programs and Employment
§ 1512. Discrimination in Public Education, State Activities, Employment, Public Accommodations, Housing, Interstate Travel
§ 1513. Interference With Persons Affording Civil Rights to Others
§ 1514. Interference With Persons Aiding Others to Avail Themselves of Civil Rights
§ 1515. Discriminatory Interference With Speech or Assembly Related to Civil Rights Activities
§ 1516. Attorney General Certification for Prosecutions Under Sections 1511 to 1515
ABUSE OF FEDERAL OFFICIAL AUTHORITY
§ 1521. Unlawful Acts Under Color of Federal Law
PROTECTION OF POLITICAL PROCESSES
§ 1531. Safeguarding Elections
§ 1532. Deprivation of Federal Benefits for Political Purposes
§ 1533. Misuse of Personnel Authority for Political Purposes
§ 1534. Political Contributions of Federal
§ 1535. Troops at Polls
FOREIGN POLITICAL CONTRIBUTIONS
§1541. Political Contributions by Agents of Foreign Principals
CHAPTER 15. CIVIL RIGHTS AND ELECTIONS
PROTECTION OF LEGITIMATE LABOR ACTIVITIES
§1551. Strikebreaking
INTERCEPTION OF PRIVATE COMMUNICATIONS
§ 1561. Interception of Wire or Oral Communications
§ 1562. Traffic in Intercepting Devices
§ 1563. Definitions for Sections 1561 to 1563
§ 1564. Interception of Correspondence
CHAPTER 16. OFFENSES INVOLVING DANGER TO THE PERSON
HOMICIDE
§ 1601. Murder
§ 1602. Manslaughter
§ 1603. Negligent Homicide
§ 1609. Federal Jurisdiction Over Homicide Offenses
ASSAULTS, LIFE ENDANGERING BEHAVIOR AND THREATS
§ 1611. Simple Assault
§ 1612. Aggravated Assault
§ 1613. Reckless Endangerment
§ 1614. Terrorizing
§ 1615. Threats Against the President and Successors to the Presidency
§ 1616. Menacing
§ 1617. Criminal Coercion
§ 1618. Harassment
§ 1619. Consent as a Defense
KIDNAPPING AND RELATED OFFENSES
§ 1631. Kidnapping
§ 1632. Felonious Restraint
§ 1633. Unlawful Imprisonment
§ 1634. Federal Jurisdiction over Kidnapping and Related Offenses
§ 1635. Usurping Control of Aircraft
§ 1639. Definitions for Sections 1631 to 1639
RAPE, INVOLUNTARY SODOMY AND SEXUAL ABUSE
§ 1641. Rape
§ 1642. Gross Sexual Imposition
§ 1643. Aggravated Involuntary Sodomy
§ 1644. Involuntary Sodomy
§ 1645. Corruption of Minors
§ 1646. Sexual Abuse of Wards
§ 1647. Sexual Assault
§ 1648. General Provisions for Sections 1641 to 1647
§ 1649. Definitions for Sections 1641 to 1649
§ 1650. Federal Jurisdiction Over Offenses in Sections 1641 to 1647
CHAPTER 17. OFFENSES AGAINST PROPERTY
ARSON AND OTHER PROPERTY DESTRUCTION
§ 1701. Arson
§ 1702. Endangering by Fire or Explosion
§ 1703. Failure to Control or Report a Dangerous Fire
§ 1704. Release of Destructive Forces
§ 1705. Criminal Mischief
§ 1706. Tampering With or Damaging a Public Service
§ 1708. Consent a Defense to Sections 1701 to 1706
§1709. Definitions for Sections 1701 to 1709
BURGLARY AND OTHER CRIMINAL INTRUSION
§ 1711. Burglary
§ 1712. Criminal Trespass
§ 1713. Breaking Into or Concealment Within a Vehicle
§ 1714. Stowing Away
§ 1719. Definitions for Sections 1711 to 1719
ROBBERY
§ 1721. Robbery
THEFT AND BELATED OFFENSES
Introductory Note
§ 1731. Consolidation of Theft Offenses
§ 1732. Theft of Property
§ 1733. Theft of Services
§ 1734. Theft of Property Lost, Mislaid or Delivered by Mistake
§ 1735. Grading of Theft Offenses Under Sections 1732 to 1734
§ 1736. Unauthorised Use of a Vehicle
§ 1737. Misapplication of Entrusted Property
§ 1738. Defrauding Secured Creditors
§ 1739. Defenses and Proof as to Theft and Related Offenses
§ 1740. Jurisdiction Over Theft and Related Offenses
§ 1741. Definitions for Theft and Related Offenses
FORGERY AND OTHER FRAUDS
§ 1751. Forgery or Counterfeiting
§ 1752. Facilitation of Counterfeiting
§ 1753. Deceptive Writings
§ 1754. Definitions for Sections 1751 to 1754
§ 1755. Making or Uttering Slugs
§ 1756. Bankruptcy Fraud
§ 1757. Rigging a Sporting Contest
§ 1758. Commercial Bribery
§ 1759. Unlawful Trafficking in Food Stamp Coupons
CHAPTER17. OFFENSES AGAINST PROPERTY ECONOMIC REGULATIONS
§ 1771. Engaging in or Financing Criminal Usury Business
§ 1772. Securities Violations
§ 1773. Banking Violations
CHAPTER 18. OFFENSES AGAINST PUBLIC ORDER, HEALTH, SAFETY AND SENSIBILITIES
RIOT AND MUTINY
§ 1801. Inciting Riot
§ 1802. Arming Rioters
§ 1803. Engaging in a Riot
§ 1804. Disobedience of Public Safety Orders Under Riot Conditions
§ 1805. Mutiny on a Vessel
FIREARMS AND EXPLOSIVES
Introductory Note
§ 1811.Supplying Firearms, Ammunition, Destructive Devices or Explosives for Criminal Activity
§ 1812. Illegal Firearms, Ammunition or Explosive Materials Business
§ 1813. Trafficking in and Receiving Limited-Use Firearms
§ 1814. Possession of Explosives and Destructive Devices in Buildings
DANGEROUS, ABUSABLE AND RESTRICTED DRUGS
Introductory Note
§ 1821. Classification of Drugs
§ 1822. Trafficking in Dangerous and Abusable Drugs
§ 1823. Trafficking in Restricted Drugs
§ 1824. Possession Offenses
§ 1825. Authorization a Defense Under Sections1822 to 1824
§ 1826. Federal Jurisdiction over Drug Offenses
§ 1827. Suspended Entry of Judgment
§ 1829. Definitions for Sections 1821 to 1829
GAMBLING
Introductory Note
§ 1831. Illegal Gambling Business
§ 1832. Protecting State Antigambling Policies
PROSTITUTION AND RELATED OFFENSES
§ 1841. Promoting Prostitution
§ 1842. Facilitating Prostitution
§ 1843. Prostitution
§ 1848. Testimony of Spouse in Prostitution Offenses
§ 1849. Definitions for Sections 1841 to 1849
CHAPTER 18. OFFENSES AGAINST PUBLIC ORDER, HEALTH SAFETY AND SENSIBILITIES
OBSCENITY AND LEWDNESS
§ 1851. Disseminating Obscene Material
§ 1852. Indecent Exposure
DISORDERLY CONDUCT
§ 1861. Disorderly Conduct
PART C. THE SENTENCING SYSTEM
CHAPTER 30. GENERAL SENTENCING PROVISIONS
§ 3001. Authorized Sentences
§ 3002. Classification of Offenses
§ 3003. Persistent Misdemeanants
§ 3004. Presentence Commitment for Study
§ 3005. Resentences
§ 3006. Classification of Crimes Outside This Code
§ 3007. Special Sanction for Organizations
CHAPTER 31. PROBATION AND UNCONDITIONAL DISCHARGE
§ 3101. Criteria for Utilizing Chapter
§ 3102. Incidents of Probation
§ 3103. Conditions of Probation; Revocation
§ 3104. Duration of Probation
§ 3105. Unconditional Discharge
§ 3106. Split Sentence
CHAPTER 32. IMPRISONMENT
§ 3201. Sentence of Imprisonment: Incidents
§ 3202. Upper-Range Imprisonment for Dangerous Felons
§ 3203. Commitment to Bureau of Corrections
§ 3204. Concurrent and Consecutive Terms of Imprisonment
§ 3205. Calculation of Terms of Imprisonment
CHAPTER 33. FINES
§ 3301. Authorized Fines
§ 3302. Imposition of Fines
§ 3303. Remission of Fine
§ 3304. Response to Nonpayment
CHAPTER 34. PAROLE
§ 3401. Parole Eligibility; Consideration
§ 3402. Timing of Parole; Criteria
§ 3403. Incidents of Parole
§ 3404. Conditions of Parole
§ 3405. Duration of Parole
§ 3406. Finality of Parole Determinations
CHAPTER 35. DISQUALIFICATION FROM OFFICE AND OTHER COLLATERAL CONSEQUENCES OF CONVICTION
§ 3501. Disqualification From and Forfeiture of Federal Office
§ 3502. Disqualification From Exercising Organization Functions
§ 3503. Order Removing Disqualification or Disability
§ 3504. Termination of Disqualification or Disability Five Years After Sentence Completed
§ 3505. Effect of Removal of Disqualification
INTRODUCTORY COMMENT TO CHAPTER 36
CHAPTER 36. LIFE IMPRISONMENT
§ 3601. Life Imprisonment Authorized for Certain Offenses
[Provisional CHAPTER 36. SENTENCE OF DEATH OR LIFE IMPRISONMENT]
[§ 3601. Death or Life Imprisonment Authorized for Certain Offenses]
[§ 3602. Separate Proceeding to Determine Sentence
[§ 3603. Death Sentence Excluded.]
[§ 3604. Criteria for Determination]
APPELLATE REVIEW OF SENTENCE
Title 28, United States Code
§ 1291. Final Decisions of District Courts
TITLE 18
UNITED STATES CODE
Part A. General Provisions
Chapter 1. Preliminary Provisions
§ 101. Title; Effective Date; Application.
(1) Title and Citation. Title 18 of the United States shall be entitled "Crime and Corrections" and may be city "18 U.S.C. § or as "Federal Criminal Code § ."
(2) Effective Date and Application. This Code shall be effective one year after the date of enactment. Unless other provided this Code shall apply to prosecutions under any A Congress except the Uniform Code of Military Justice, Di: of Columbia Code and Canal Zone Code.
§ 102. General Purposes.
The general purposes of this Code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which federal protection is appropriate. To this end, the provisions of this Code are intended, and shall be construed, to achieve the following objectives:
(a) to insure the public safety through (i) vindication of public norms by the imposition of merited punishment; (ii) the deterrent influence of the penalties hereinafter provided; (iii) the rehabilitation of those convicted of violations of this Code; and (iv) such confinement as may be necessary to prevent likely recurrence of serious criminal behavior;
(b) by definition and grading of offenses, to define the limits and systematize the exercise of discretion in punishment and to give fair warning of what is prohibited and of the consequences of violation;
(c) to prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders;
(d) to safeguard conduct that is without guilt from condemnation as criminal and to condemn conduct that is with guilt as criminal;
(e) to prevent arbitrary or oppressive treatment of persons accused or convicted of offenses;
(f) to define the scope of federal interest in law enforcement against specific offenses and to systematize the exercise of federal criminal jurisdiction.
§ 103. Proof and Presumptions.
(1) Proof Beyond Reasonable Doubt. No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. An accused is assumed to be innocent until convicted. The fact that he has been arrested, confined or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial. "Element of an offense means: (a) the forbidden conduct; (b) the attendant circumstances specified in the definition and grading of the offense; (c) the required culpability; (d) any required result; and (e) the non-existence of a defense as to which there is evidence in the case sufficient to give rise to a reasonable doubt on the issue. The existence of federal jurisdiction is not an element of the offense; but it shall be proved by the prosecution beyond a reasonable doubt.
(2) Defenses. Subsection (1) does not require negating a defense (a) by allegation in the indictment, information, or other charge or (b) by proof unless the issue is in the case as a result of evidence sufficient to raise a reasonable doubt on the issue. Unless it is otherwise provided or the context plainly requires otherwise, when a statute outside this Code defining an offense, or a related statute, or a rule or regulation thereunder, contains a provision constituting an exception from criminal liability for conduct which would otherwise be included within the prohibition of the offense, that the defendant came within such exception defense.
(3) Affirmative Defenses. Subsection (1) does not apply to any defense which a statute explicitly designates as an "affirmative defense." Defenses so designated must be proved by the defendant by the preponderance of evidence.
(4) Presumptions. When a statute establishes a presumption, it has the following consequences:
(a) when there is sufficient evidence of the facts which gave rise to the presumption, the presumed fact is deemed sufficiently proved to warrant submission of the issue to a jury unless the court is satisfied that the evidence as a whole clearly negates the presumed fact;
(b) in submitting the issue of the existence of the presumed fact to a jury, the court shall charge that, although the evidence as a whole must establish the presumed fact beyond a reasonable doubt, the jury may arrive at that judgment on the basis of the presumption alone, since the law regards the facts giving rise to the presumption as strong evidence of the fact presumed.
(5) Prima Facie Case. When a statute declares that given facts constitute a prima facie case, proof of such facts warrants submission of a case to the jury with the usual instructions on burden of proof and without additional instructions attributing any special probative force to the facts proved.
§ 104. Authorization and Certification by Attorney General.
Whenever authorization or certification by the Attorney General is required in this Code as a condition for prosecution, such responsibility may be delegated only to the Deputy Attorney General or to an Assistant Attorney General. Although prosecution cannot proceed absent authorization or certification, no other questions relating to the exercise of the responsibility are litigable.
§ 109. General Definitions.
Unless it is otherwise provided or a different meaning plainly is required
(a) "aircraft" includes spacecraft;
(b) "bodily injury" means any impairment of physical condition, including physical pain;
(c) "this Code" means the Federal Criminal Code;
(d) "court of the United States" means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under 28 U.S.C. § 132, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Claims, the United States Court of Customs and Patent Appeals, the Tax Court of the United States, the Customs Court and the Court of Military Appeals;
(e) "crime" means a misdemeanor or a felony and does not include an infraction; but "criminal" and "criminally", when used as an adjective or adverb, refer to any offense;
(f) "dangerous weapon" means any switch blade or gravity knife, machete, scimitar, stiletto, sword, or dagger; and billy, blackjack, sap, bludgeon, cudgel, metal knuckles or sand club; any slungshot; and any projector of, or bomb or any object containing or capable of producing and emitting, any noxious liquid, gas or substance;
(g) "destructive device" means any explosive, incendiary or poison gas bomb, grenade, mine, rocket, missile or similar device;
(h) "element of an offense" has the meaning prescribed in section 103(1);
(i) "explosive" means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds, mechanical mixture, 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, or material or any part thereof may cause an explosion;
(j) "felony" means an offense for which a term of imprisonment of more than one year is authorized by a federal statute, or would be if federal jurisdiction existed;
(k) "firearm" means any weapon which will expel, or is readily capable of expelling, a projectile by the action of an explosive and includes any such weapon, loaded or unloaded commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun, bazooka or cannon;
(1) "force" means physical action;
(m) "government" means (i) the government of any nation or any political unit within any nation, (ii) any agency, subdivision or department of the foregoing, including the executive, legislative and judicial branches, (iii) any corporation or other association organized by a government for the execution of a government program and subject to control by a government or (iv) any corporation or agency established pursuant to interstate compact or international treaty between or among governments for the execution of an intergovernmental program;
(n) "government agency" includes any department, independent establishment, commission, administration, authority, board or bureau of a government or any corporation in which a government has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense;
(o) "harm" means loss, disadvantage, or injury, or anything so regarded by the person affected, including loss, disadvantage or injury to any other person in whose welfare he is interested;
(p) "human being" means a person who has been born and is alive;
(q) "included offense" means an offense (i) which is established by proof of the same or less than all the facts required to establish commission of the offense charged, (ii) which consists of criminal facilitation of or an attempt or solicitation to commit the offense charged or (iii) which differs from the offense charged only in the respect that a less serious harm or risk of harm to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission;
(r) "includes" should be read as if the phrase "but is not limited to" were also set forth;
(s) "infraction" means an offense for which a sentence of imprisonment is not authorized;
(t) "intentionally" and variants thereof designate the standard prescribed in section 302(l);
(u) "judge" includes justice of the Supreme Court;
(v) "knowingly" and variants thereof designate the standard prescribed in section 302(1);
(w) "law enforcement officer" means a public servant authorized by law or by a government agency or branch to conduct or engage in investigations or prosecutions for violations law;
(x) "local" means of or pertaining to any political unit within any state;
(y) "magistrate" includes commissioner;
(z) "misdemeanor" means an offense for which a term of imprisonment of one year or less is authorized by a federal statute, or would be if federal jurisdiction existed;
(aa) "negligently" and variants thereof designate the standard prescribed in section 302(1);
(ab) "offense" means conduct for which a term of imprisonment or a fine is authorized by a federal statute, or would be if federal jurisdiction existed;
(ac) "official action" means a decision, opinion, recommendation, vote or other exercise of discretion;
(ad) "official proceeding" means a proceeding heard or which may be heard before any government agency or branch or public servant authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or a deposition in connection with any such proceeding;
(ae) "person" means a human being and a corporation or organization as defined in section 409;
(af) "public servant" means an officer or employee of a government or a person authorized to act for or on behalf of a government or serving a government as an adviser or consultant. The term includes Members of Congress, members of the state legislatures, Resident Commissioners, judges and jurors;
(ag) "reasonably believes" designates a belief which is not recklessly held by the actor;
(ah) "recklessly" and variants thereof designate the standard prescribed in section 302(1);
(ai) "section" means a section of this Code; "subsection" or paragraph" refers to a subsection or paragraph of the section or subsection, as the case may be, in which the term is used;
(aj) "serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ;
(ak) "state" includes Puerto Rico, the Canal Zone, the district of Columbia, American Samoa, Guam, the Virgin Islands, Johnston Island, Midway Island, Wake Island, and Kingman’s Reef and any other territory or possession of the United States;
(al) "think of value" means a gain or advantage, or anything regarded, or which might reasonably be regarded, by the beneficiary as a gain or advantage, including a gain or advantage to any other person. "Thing of pecuniary value" means a thing of value in the form of money, tangible or intangible property, commercial interests or anything else the primary significance of which is economic gain;
(am) "United States", in a territorial sense, includes all states and all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone;
(an) "United States," when not used in a territorial sense, means government, as defined in paragraph (m), of the United States.
Chapter 2. Federal Penal Jurisdiction
§ 201. Common Jurisdictional Bases.
Federal jurisdiction to penalize an offense under this Code exists under the circumstances which are set forth as the jurisdictional base or bases for that offense.
Bases commonly used in this Code are as follows:
(a) the offense is committed within the special maritime and territorial jurisdiction of the United States as defined in section 210;
(b) the offense is committed in the course of committing or in immediate flight from the commission of any other offense defined in this Code over which federal jurisdiction exists;
(c) the victim is a federal public servant engaged in the performance of his official duties or is the President of the United States, the President‑elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession office of President of the United States, the Vice President-elect, or any individual who is acting as President under the Constitution and laws of the United States, a candidate for President or Vice President, or any member or member- designate of the President's cabinet, or a member of Congress; or a federal judge, or a head of a foreign nation or a foreign minister, ambassador or other public minister;
(d) the property which is the subject of the offense is owned by or in the custody or control of the United States or is being manufactured, constructed or stored for the United States;
(e) the United States mails or a facility in interstate or foreign commerce is used in the commission or consummation of the offense;
(f) the offense is against a transportation, communication, or power facility of interstate or foreign commerce or against a United States mail facility;
(g) the offense affects interstate or foreign commerce;
(h) movement of any person across a state or United States boundary occurs in the commission or consummation of the offense;
(i) the property which is the subject of the offense is moving in interstate or foreign commerce or constitutes or is part of an interstate or foreign shipment;
(j) the property which is the subject of the offense is moved across a state or United States boundary in the commission or consummation of the offense;
(k) the property which is the subject of the offense is owned by or in the custody of a national credit institution;
(l) the offense is committed under circumstances amounting to piracy, as prescribed in section 212.
When no base is specified for an offense, federal jurisdiction exists if the offense is committed anywhere within the United States, or within the special maritime and territorial jurisdiction of the United States.
§ 202. Jurisdiction Over Included Offenses.
If federal jurisdiction of a charged offense exists, federal jurisdiction to convict of an included offense defined in a federal statute likewise exists.
§ 203. Prospective Federal Jurisdiction.
(1) Inchoate Offenses. Federal jurisdiction exists with respect to attempt, solicitation or conspiracy when a circumstance giving rise to federal jurisdiction over such inchoate offense has occurred or would occur if the principal offense were committed.
(2) Completed Offenses. Federal jurisdiction over a completed offense exists, although no circumstance otherwise giving rise to federal jurisdiction has yet occurred, if the actor took a substantial step in connection with such offense designed or likely to establish federal jurisdiction.
§ 204. Culpability Not Required As to Jurisdiction.
Except as otherwise expressly provided, culpability is not required with respect to any fact which is solely a basis for federal jurisdiction.
§ 205. Multiple Jurisdictional Bases.
The existence of federal jurisdiction may be alleged as resting on more than one base but proof of any one base is sufficient, The existence of multiple jurisdictional bases for an offense does not increase the number of offenses committed.
§ 206. Federal Jurisdiction Not Pre‑emptive.
The existence of federal jurisdiction over an offense shall not, in itself, prevent any state or local government from exercising jurisdiction to enforce its own laws applicable to the conduct in question.
§ 207. Discretionary Restraint in Exercise of Concurrent Jurisdiction.
Notwithstanding the existence of concurrent jurisdiction, federal law enforcement agencies are authorized to decline or discontinue federal enforcement efforts whenever the offense can effectively be prosecuted by non-federal agencies and it appears that there is no substantial Federal interest in further prosecution or that the offense primarily affects state, local or foreign interests. A substantial federal interest exists in the following circumstances, among others:
(a) the offense is serious and state or local law enforcement is impeded by interstate aspects of the case;
(b) federal enforcement is believed to be necessary to vindicate federally-protected civil rights;
(c) if federal jurisdiction exists under section 201(b), the offense is closely related to the underlying offense, as to which there is a substantial federal interest;
(d) an offense apparently limited in its impact is believed to be associated with organized criminal activities extending beyond state lines;
(e) state or local law enforcement has been so corrupted as to undermine its effectiveness substantially. Where federal law enforcement efforts are discontinued in deference to state, local or foreign prosecution, federal agencies are directed to cooperate with state, local or foreign agencies, by providing them with evidence already gathered or otherwise, to the extent that this is practicable without prejudice to federal law enforcement. The Attorney General is authorized to promulgate additional guidelines for the exercise of discretion in employing criminal jurisdiction. The presence or absence of a federal interest and any other question relating to the exercise of the discretion referred to in this section are for the prosecuting authorities alone and are not litigable.
§ 208. Extraterritorial Jurisdiction.
Except as otherwise expressly provided by statute or treaty, extraterritorial jurisdiction over an offense exists when:
(a) one of the following is a victim or intended victim of a crime of violence: the President of the United States, the President‑elect, the Vice President, or, if there is no President, the officer next in the order of succession to the office of President of the United States, the Vice President-elect, or any individual who is acting as President under the Constitution and laws of the United States, a candidate for President or Vice President or any member or member-designate of the President's cabinet, or a member of Congress or a federal judge;
(b) the offense is treason, or is espionage or sabotage by a national of the United States;
(c) the offense consists of a forgery or counterfeiting, or an uttering of forged copies or counterfeits, of the seals, currency, instruments of credit, stamps, passports, or public documents issued by the United States; or perjury or a false statement in an official proceeding of the United States; or a false statement in a matter within the jurisdiction of the government of the United States; or other fraud against the United States, or theft of property in which the United States has an interest, or, if committed by a national or resident of the United States, any other obstruction of or interference with a United States government function;
(d) the accused participates outside the United States in a federal offense committed in whole or in part within the United States, or the offense constitutes an attempt, solicitation, or conspiracy to commit a federal offense within the United States;
(e) the offense is a federal offense involving entry of persons or property into the United States;
(f) the offense is committed by a federal public servant is outside the territory of the United States because of his official duties or by a member of his household residing abroad or by a person accompanying the military forces of the United States;
(g) such jurisdiction is provided by treaty; or
(h) the offense is committed by or against a national of the United States outside the jurisdiction of any nation.
§ 209. Assimilated Offenses.
(1) When Assimilated. A person is guilty of a federal offense if he engages in conduct within an enclave which, if engaged in within the jurisdiction of the state or local government in which the enclave is located, would be punishable as an offense under the state or local law then in force, except that this section does not apply when federal law penalizes or immunizes the conduct. Conduct is immunized within the meaning of this subsection if, having regard to federal legislation as to the conduct constituting the type of offense and the failure of Congress to penalize the specific conduct in question, it may be inferred that Congress did not intend to extend penal sanctions to such conduct.
(2) Grading. If the maximum confinement authorized by the state or local law exceeds 30 days, the assimilated offense is a Class A misdemeanor; if such confinement is 30 days or less, a Class B misdemeanor; if there is no such confinement, an infraction. Notwithstanding the classification here provided, the term of imprisonment or fine imposed shall not exceed the maximum authorized by the state or local law, and the offense shall not be deemed a crime if the state or local law provides that it is not a crime.
(3) "Enclave" Defined. In this section "enclave" means a place in the special maritime and territorial jurisdiction of the United States.
§ 210. Special Maritime and Territorial Jurisdiction. Dell "Special maritime and territorial jurisdiction of the United States" means:
(a) 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 or local government thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular state;
(b) 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;
(c) 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;
(d) any unorganized territory or possession of the United States;
(e) 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;
(f) any aircraft or spacecraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the law of the United States, or any state or local government 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 of the jurisdiction of any particular state, or while such spacecraft is in flight; and
(g) any aircraft within the special aircraft jurisdiction of the United States as defined in 49 U.S.C. § 1301(32);
§ 211. Special Limited Jurisdiction.
(1) Indian Country. Federal jurisdiction over offenses committed in Indian country exists as provided in 25 U.S.C. § 212.
(2) Canal Zone. This Code is applicable in the Canal Zone as provided in the Canal Zone Code. It is also applicable, as there provided, to the corridor over which the United States exercises jurisdiction pursuant to the provisions of Article IX of the General Treaty of Friendship and Cooperation between the United States of America and the Republic of Panama, signed March 2, 1936, to the extent that such application to the corridor is consistent with the nature of the rights of the United States in the corridor as provided by treaty.
§ 212. Piracy As Jurisdictional Base.
For the purposes of section 201(l) the offense is within piracy jurisdiction if it is committed for private ends by the crew or the passengers of a private ship or a private aircraft, or committed by the crew of a warship or government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft, and is directed:
(a) on or over the high seas, against another ship or aircraft or against persons or property on board another ship or aircraft; or
(b) against a ship, aircraft, persons or property in a place outside the jurisdiction of any nation or government. “High seas" means all parts of the sea that are not included in the territorial sea or in the internal waters of any nation or government.
§ 219. Definitions for Chapter 2.
In this Chapter:
(a) "interstate commerce" means commerce between one state as defined in section 109, and another state;
(b) "foreign commerce" means commerce with a foreign country;
(c) "President‑elect" and "Vice President‑elect" mean such persons as are the apparently successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with 3 U.S.C. §§ 1, 2;
(d) "national credit institution" means a member bank of the Federal Reserve System; a bank, banking association, land bank, intermediate credit bank, bank for cooperatives, production credit association, land bank association, mortgage association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States; a bank the deposits of which are insured by the Federal Deposit Insurance Corporation; a Federal Savings and Loan Association; an "insured institution" as defined in 12 U.S.C. § 1724; and a "Federal Credit Union" as defined in 12 U.S.C. § 1752.
CHAPTER 3. BASIS of CRIMINAL LIABILITY; CULPABILITY; CAUSATION
§ 301. Basis of Liability for Offenses.
(1) Conduct. A person commits an offense only if he engages in conduct, including an act, an omission, or possession, in violation of a statute which provides that the conduct is an offense.
(2) Omissions. A person who omits to perform an act does not commit an offense unless he has a legal duty to perform the act.
(3) Publication Required. A person does not commit an offense if he engages in conduct in violation only of a statute or regulation thereunder that has not been published.
§ 302. Requirements of Culpability.
(1) Kinds of Culpability. A person engages in conduct:
(a) "intentionally" if, when he engages in the conduct, it is his purpose to do so;
(b) "knowingly" if, when he engages in the conduct, he knows or has a firm belief unaccompanied by substantial doubt that he is doing so, whether or not it is his purpose to do so;
(c) "recklessly" if he engages in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct except that, as provided in section 502, awareness of the risk is not required where its absence is due to voluntary intoxication;
(d) "negligently" if he engages in the conduct in unreasonable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct; and
(e) "willfully" if he engages in the conduct intentionally, knowingly, or recklessly.
(2) Where Culpability Not Specified. If a statute or regulation thereunder defining a crime does not specify any culpability and does not provide explicitly that a person may be guilty without the culpability, the culpability that is required is willfully. Except as otherwise expressly provided or unless the context otherwise requires if a statute provides that conduct is an infraction without including a requirement of culpability, no culpability is required.
(3) Factors to Which Requirement of Culpability Applies.
(a) Except as otherwise expressly provided, where culpability is required, that kind of culpability is required with respect to every element of the conduct and to those attendant circumstances specified in the definition of the offense, except that where the required culpability is "intentionally," the culpability required as to an attendant circumstance is "knowingly."
(b) Except as otherwise expressly provided, if conduct is an offense if it causes a particular result, the required kind of culpability is required with respect to the result.
(c) Except as otherwise expressly provided, culpability is not required with respect to any fact which is solely a basis for federal jurisdiction or for grading.
(d) Except as otherwise expressly provided, culpability is not required with respect to facts which establish that a defense does not exist, if the defense is defined in Part A of this Code or Chapter 10; otherwise the least kind of culpability required for the offense is required with respect to such facts.
(e) A factor as to which it is expressly stated that it must "in fact" exist is a factor for which culpability is not required.
(4) Specified Culpability Requirement Satisfied by Higher Culpability. If conduct is an offense if a person engages in it negligently, the conduct is an offense also if a person engages in it intentionally, knowingly, or recklessly. If conduct is an offense if a person engages in it recklessly, the conduct is an offense also if a person engages in it intentionally or knowingly. If conduct is an offense if a person engages in it knowingly, the conduct in an offense also if a person engages in it intentionally.
(5) No Requirement of Awareness that Conduct is Criminal. Culpability is not required as to the fact that conduct is an offense, except as otherwise expressly provided in a provision outside this Code.
§ 303. Mistake of Fact in Affirmative Defenses.
Except as otherwise expressly provided, a mistaken belief that the facts which constitute an affirmative defense exist is not a defense.
§ 304. Ignorance or Mistake Negating Culpability.
A person does not commit an offense if when he engages in conduct he is ignorant or mistaken about a matter of fact or law and the ignorance or mistake negates the kind of culpability required for commission of the offense.
§ 305. Causal Relationship Between Conduct and Result.
Causation may be found where the result would not have occurred but for the conduct of the accused operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the accused clearly insufficient.
CHAPTER 4. COMPLICITY
§ 401. Accomplices.
(1) Liability Defined. A person may be convicted of an offense based upon the conduct of another person when:
(a) acting with the kind of culpability required for the offense, he causes the other to engage in such conduct; or
(b) with intent that an offense be committed, he commands, induces, procures, or aids the other to commit it or, having a legal duty to prevent its commission, he fails to make proper effort to do so; or
(c) he is a co‑conspirator and his association with the offense meets the requirements of either of the other paragraphs of this subsection.
A person is not liable under this subsection for the conduct of another person when he is either expressly or by implication made not accountable for such conduct by the statute defining the offense or related provisions, because he is a victim of the offense or otherwise.
(2) Defenses Precluded. Except as otherwise provided, in any prosecution in which the liability of the defendant is based upon the conduct of another person, it is no defense that:
(a) the defendant does not belong to the class of persons who, because of their official status or other capacity or characteristic, are by definition of the offense the only persons capable of directly committing it; or
(b) the person for whose conduct the defendant is being held liable has been acquitted, has not been prosecuted of convicted or has been convicted of a different offense, or is immune from prosecution, or is otherwise not subject to justice.
§ 402. Corporate Criminal Liability.
(1) Liability Defined. A corporation may be convicted of:
(a) any offense committed by an agent of the corporation hin the scope of his employment on the basis of conduct authorized, requested or commanded, by any of the following or a combination of them:
[(a) any offense committed in furtherance of its affairs on the basis of conduct done, authorized, requested, commanded, ratified or recklessly tolerated in violation of a duty to maintain effective supervision of corporate affairs, by any of the following or a combination of them:]
(i) the board of directors;
(ii) an executive officer or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees;
(iii) any person, whether or not an officer of the corporation, who controls the corporation or is responsibly involved in forming its policy;
(iv) any other person for whose act or omission the statute defining the offense provides corporate responsibility for offenses;
(b) any offense consisting of an omission to discharge a specific duty of affirmative conduct imposed on corporations law;
(c) any misdemeanor committed by an agent of the corporation within the scope of his employment; or
(d) any offense for which an individual may be convicted without proof of culpability, committed by an agent of the corporation within the scope of his employment.
(2) Defense Precluded. It is no defense that an individual upon whose conduct liability of the corporation for an offense is based has been acquitted, has not been prosecuted or convicted
or has been convicted of a different offense, or is immune prosecution, or is otherwise not subject to justice.
§ 403. Individual Accountability for Conduct on Behalf of Organizations.
(1) Conduct on Behalf of Organization. A person is legally accountable for any conduct he performs or causes to be performed in the name of an organization or in its behalf to the same extent as if the conduct were performed in his own name or behalf.
(2) Omission. Except as otherwise expressly provided, whenever a duty to act is imposed upon an organization by a statute or regulation thereunder, any agent of the organization having primary responsibility for the subject matter of the duty is legally accountable for an omission to perform the required act to the same extent as if the duty were imposed directly upon himself.
(3) Accomplice of Organization. When an individual is convicted of an offense as an accomplice of an organization, he is subject to the sentence authorized when a natural person is of convicted offense.
(4) Default in Supervision. A person responsible for supervising relevant activities of an organization is guilty of an offense if he manifests his assent to the commission of an offense for which organization may be convicted by his willful default in supervision within the range of that responsibility which contributes to the occurrence of that offense. Conviction under this subsection shall be of an offense of the same class as the offense for which the organization may be convicted, except that if the latter offense is a felony, conviction under this subsection shall be for a Class A misdemeanor.
§ 409. General Provisions for Chapter 4.
(1) Definitions. In this Chapter:
(a) "organization" means any legal entity, whether or not organized as a corporation or unincorporated association, but does not include an entity organized as or by a governmental agency for the execution of a governmental program;
(b) "agent" means any partner, director, officer, servant, employee, or other person authorized to act in behalf of an organization.
(2) Unincorporated Associations. Nothing in this Chapter shall limit or extend the criminal liability of an unincorporated association.
CHAPTER 5. RESPONSIBILITY DEFENSES: JUVENILES;INTOXICATION; MENTAL DISEASE or DEFECT
§ 501. Juveniles.
A prosecution of any person as an adult shall be barred if the offense was committed:
(a) when he was less than fifteen years old in any case, or when he was less than sixteen years old in the case of offenses other than murder, aggravated assault, rape and aggravated voluntary sodomy; or
(b) when he was less than eighteen years old unless trial as an adult is ordered by the district court to promote justice.
§ 502. Intoxication.
(1) Defense Precluded. Except as provided in subsection (3), intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease within the meaning of section 503. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.
(2) Recklessness. A person is reckless with respect to an element of an offense even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.
(3) When a Defense. Intoxication which (a) is not self-induced, or (b) if self‑induced, is grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible, is an affirmative defense if by reason of such intoxication the actor at the time of his conduct lacked substantial capacity either to appreciate its criminality or to conform his conduct to the requirements of law.
(4) Definitions. In this section:
(a) "intoxication" means a disturbance of mental or physical capacities resulting from the introduction of alcohol, drugs or other substances into the body;
(b) "self‑induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would otherwise afford a defense to a charge of crime.
§ 503. Mental Disease or Defect.
A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law. "Mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Lack of criminal responsibility under this section is a defense.
CHAPTER 6. DEFENSES INVOLVING JUSTIFICATION AND EXCUSE
§ 601. Justification.
(1) Defense. Except as otherwise expressly provided, justification or excuse under this Chapter is a defense.
(2) Danger to Other Persons. If a person is justified or excused in using force against another, but he recklessly or negligently injures or creates a risk of injury to other persons, the justifications afforded by this Chapter are unavailable in a prosecution for such recklessness or negligence, as the case may be.
(3) Civil Remedy Unimpaired. That conduct may be justified or excused within the meaning of this Chapter does not abolish or impair any remedy for such conduct which is available in any civil action.
(4) State Prosecution of Federal Public Servant. The defense of justification and excuse may be asserted in a state or local prosecution of a federal public servant, or a person acting at his direction, based on acts performed in the course of the public servant’s official duties.
§ 602. Execution of Public Duty.
(1)Authorized by Law. Conduct engaged in by a public servant in the course of his official duties is justified when it is required or authorized by law.
(2) Directed by a Public Servant. A person who has been directed by a public servant to assist that public servant is justified in using force to carry out the public servant's direction, unless the action being taken by the public servant is plainly unlawful.
(3) Citizen's Arrest. A person is justified in using force upon another in order to effect his arrest or prevent his escape when a public servant authorized to make the arrest or prevent the escape is not available, if the other person has committed, in the presence of the actor, any crime which the actor is justified in using force to prevent or if the other person has committed a felony involving force or violence.
§ 603. Self‑Defense.
A person is justified in using force upon another person in order to defend himself against danger of imminent unlawful bodily injury, sexual assault or detention by such other person, except that:
(a) a person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant under color of law, but excessive force may be resisted; and
(b) a person is not justified in using force if (i) he intentionally provokes unlawful action by another person in order to cause bodily injury or death to such other person, or (ii) he has entered into a mutual combat with another person or is the initial aggressor unless he is resisting force which is clearly excessive in the circumstances. A person's use defensive force after he withdraws from an encounter and indicates to the other person that he has done so is justified if the latter nevertheless continues or menaces unlawful action
§ 604. Defense of Others.
A person is justified in using force upon another person in order to defend anyone else if (a) the person defended would be justified in defending himself, and (b) the person coming to the defense has not, by provocation or otherwise, forfeited the right of self-defense.
§ 605. Use of Force by Persons with Parental, Custodial or Similar Responsibilities.
The use of force upon another person is justified under any of the following circumstances:
(a) a parent, guardian or other person responsible for the care and supervision of a minor under eighteen years old, or teacher or other person responsible for the care and supervision of such a minor for a special purpose, or a person acting at the direction of any of the foregoing persons, may use force upon the minor for the purpose of safeguarding or promoting his welfare, including prevention and punishment of his misconduct, and the maintenance of proper discipline. The force used for this purpose may be such as is reasonable, whether or not it is "necessary" as required by section 607(1), but must not be designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement or gross degradation;
(b) a guardian or other person responsible for the care and supervision of an incompetent person, or a person acting at the direction of the guardian or responsible person, may use force upon the incompetent person for the purpose of safe-guarding or promoting his welfare, including the prevention of his misconduct or, when he is in a hospital or other institution for care and custody, for the purpose of maintaining reasonable discipline in the institution. The force used for these purposes may be such as is reasonable, whether or not it is "necessary" as required by section 607(1), but must not be designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement or gross degradation;
(c) a person responsible for the maintenance of order in a vehicle, train, vessel, aircraft, or other carrier, or in a place where others are assembled, or a person acting at the responsible person's direction, may use force to maintain order;
(d) a duly licensed physician, or a person acting at his direction, may use force in order to administer a recognized form of treatment to promote the physical or mental health of a patient if the treatment is adminisered (i) in an emergency, or (ii) with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care supervision, or (iii) by order of a court of competent jurisdicton ;
(e) a person may use force upon another person about to commit suicide or suffer serious bodily injury in order to prevent the death or serious bodily injury of such other person:
§ 606. Use of Force in Defense of Premises and Property.
Force is justified if it is used to prevent or terminate an unlawful entry or other trespass in or upon premises, or to prevent an unlawful carrying away or damaging of property, if the
person using such force first requests the person against whom such force is to be used to desist from his interference with the premises or property, except that:
(a) request is not necessary if (i) it would be useless to make the request, or (ii) it would be dangerous to make the request, or (iii) substantial damage would be done to the property sought to be protected before the request could effectively be made;
(b) the use of force is not justified to prevent or terminate a trespass if it will expose the trespasser to substantial danger of serious bodily injury.
§ 607. Limits on the Use of Force: Excessive Force; Deadly Force.
(1) Excessive Force. A person is not justified in using more force than is necessary and appropriate under the circumstances.
(2) Deadly Force. Deadly force is justified in the following instances:
(a) when it is expressly authorized by a federal statute or occurs in the lawful conduct of war;
[(a) when it is authorized by a federal law or occurs in the necessary and appropriate conduct of war;]
(b) when used in lawful self‑defense, or in lawful defense of others, if such force is necessary to protect the actor or anyone else against death, serious bodily injury, or the commission of a felony involving violence, except that the use of deadly force is not justified if it can be avoided, with safety to the actor and others, by retreat or other conduct involving minimal interference with the freedom of the person menaced. A person seeking to protect someone else must, before using deadly force, try to cause that person to retreat, or otherwise comply with the requirements of this provision, if safety can be obtained thereby; but (i) a public servant or an officer of a ship or aircraft justified in using force in the performance of his duties or a person justified in using force in his assistance need not desist from his efforts because of resistance or threatened resistance by or on behalf of the person against whom his action is directed, and (ii) no person is required to retreat from his dwelling, or place of work, unless he was the original aggressor or is assailed by a person who he knows also dwells or works there;
(c) when used by a person in possession or control of a dwelling or place of work, or a person who is licensed or privileged to be thereon, if such force is necessary to prevent commission of arson, burglary, robbery or a felony involving violence upon or in the dwelling or place of work or to prevent a person in flight immediately after committing a robbery or burglary from taking the fruits thereof from the dwelling or place of work, and the use of force other than deadly force for such purposes would expose anyone to substantial danger of serious bodily injury;
(d) when used by a public servant authorized to effect arrests or prevent escapes, if such force is necessary to effect an arrest or to prevent the escape from custody of a person who has committed or attempted to commit a felony involving violence, or is attempting to escape by the use of a deadly weapon, or has otherwise indicated that he is likely to endanger human life or to inflict serious bodily injury unless apprehended without delay;
(e) when used by a guard or other public servant, if such force is necessary to prevent the escape of a prisoner from a detention facility unless he knows that the prisoner is not such a person as described in paragraph (d) above. A detention facility is any place used for the confinement, pursuant to a court order, of a person (i) charged with or convicted of an offense, or (ii) charged with being or adjudicated a youth offender or juvenile delinquent, or (iii) held for extradition, or (iv) otherwise confined pursuant to court order;
(f) when used by a public servant, if such force is necessary (i) to prevent overt and forceful acts of treason, insurrection or sabotage, or (ii) to prevent murder, manslaughter, aggravated assault, arson, robbery, burglary or kidnapping in the course of a riot if the deadly force is employed following reasonable notice of intent to employ deadly force, and does not carry with it an unreasonable danger to life of nonparticipants in the riot, and is employed pursuant to a decision or order of a public servant having supervisory authority over ten or more other public servants concerned in the suppression of the riot;
(g) when used by an officer of a ship or aircraft if such force is necessary to prevent overt and forceful acts of mutiny, after the participants in such acts against whom such force is to be used have been ordered to cease and given reasonable notice of intent to employ deadly force;
(h) when used by a duly licensed physician, or a person acting at his direction, if such force is necessary in order to administer a recognized form of treatment to promote the physical or mental health of a patient and if the treatment is administered (i) in an emergency, or (ii) with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care and supervision, or (iii) by order of a court of competent jurisdiction;
(i) when used by a person who is directed or authorized to use deadly force by a public servant or an officer of a ship or aircraft and who does not know that, if such is the case, the
public servant or such officer is himself not authorized to use deadly force under the circumstances.
§ 608. Excuse.
(1) Mistake. A person's conduct is excused if he believes that the factual situation is such that his conduct is necessary and appropriate for any of the purposes which would establish a justification or excuse under this Chapter, even though his belief is mistaken, except that, if his belief is negligently or recklessly held, it is not an excuse in a prosecution for an offense for which negligence or recklessness, as the case may be, suffices to establish culpability. Excuse under this subsection is a defense or affirmative defense according to which type of defense would be established had the facts been as the person believed them to be.
(2) Marginal Transgression of Limit of Justification. A person’s conduct is excused if it would otherwise be justified or excused under this Chapter but is marginally hasty or excessive because he was confronted with an emergency precluding adequate appraisal or measured reaction.
§ 609. Mistake of Law.
Except as otherwise expressly provided, a person's good faith belief that conduct does not constitute a crime is an affirmative defense if he acted in reasonable reliance upon a statement of the law contained in:
(a) a statute or other enactment;
(b) a judicial decision, opinion, order or judgment;
(c) an administrative order or grant of permission; or
(d) an official interpretation of the public servant or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the crime.
§ 610. Duress
(1) Affirmative Defense. In a prosecution for any offense it is an affirmative defense that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another. In a prosecution for an offense which does not constitute a felony, it is an affirmative defense that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force. Compulsion within the meaning of this section exists only if the force, threat or circumstances are such as would render a person of reasonable firmness incapable of resisting the pressure.
(2) Defense Precluded. The defense defined in this section is not available to a person who, by voluntarily entering into a criminal enterprise, or otherwise, willfully placed himself in a situation in which it was foreseeable that he would be subjected to duress. The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.
§ 619. Definitions for Chapter 6.
In this Chapter:
(a) "force" means physical action, threat or menace against another, and includes confinement;
(b) "deadly force" means force which a person uses with the intent of causing, or which he knows to create a substantial risk of causing, death or serious bodily injury. Intentionally firing a firearm or hurling a destructive device in the direction of another person or at a moving vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily injury, by the production of a weapon or otherwise, so long as the actor's intent is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force;
(c) "premises" means all or any part of a building or real property, or any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein;
(d) "dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being a person's home or place of lodging.
CHAPTER 7. TEMPORAL and OTHER RESTRAINTS on PROSECUTION
§ 701. Statute of Limitations.
(1) Bar. A prosecution shall be barred if it was commenced after the expiration of the applicable period of limitation.
(2) Limitation Periods Generally. Except as provided sections (3)‑(5), prosecution must be commenced within lowing periods after the offense:
(a) ten years for sections 1101 (Treason), 1102 (Participating in or Facilitating War Against the United States Within Its Territory) and 1112 (Espionage). Any prosecution commenced more than five years after the offense shall be dismissed if the defendant, on a motion addressed to the court, establishes by a preponderance of the evidence that the crime and his connection with it were known to responsible officials for more than one year prior to commencement of prosecution and that prosecution could, with reasonable diligence, have been commenced more than one year prior to its commencement ;
(b) five years for all other felonies; and
(c) three years for all other offenses.
(3) Extended Period for Murder. Murder may be prosecuted at any time. Any prosecution commenced more than ten years after the offense shall be dismissed if the defendant, on a motion addressed to the court, establishes by a preponderance of the evidence that the crime and his connection with it were known to responsible officials for more than one year prior to commencement of prosecution and that prosecution could, with reasonable diligence, have been commenced more than one year prior to its commencement.
(4) Extended Period for Organized Crime and Official Cover-Ups. The period of limitation shall be ten years for any felony committed in the course of the operation of a criminal syndicate involving connivance of a public servant. A prosecution which is timely only by virtue of this subsection shall be dismissed as to any defendant who, on a motion addressed to the court, establishes by a preponderance of the evidence that he was not a leader of the criminal syndicate or a public servant conniving in any part of the criminal business charged, or that the crime and his connection with it were known to responsible officials other than conniving participants more than one year prior to commencement of prosecution and prosecution could, with reasonable diligence, have been commenced more than one year prior to its commencement. "Leader" means one who organizes, manages, supervises or finances a criminal syndicate or knowingly employs violence or intimidation to promote or facilitate its criminal objects, or with intent to promote or facilitate its criminal objects, furnishes legal, accounting or other managerial assistance. A "criminal syndicate" is an association of ten or more persons for engaging on a continuing basis in felonies of the following character: illicit trafficking in narcotics or other dangerous substances, liquor, weapons, or stolen goods; gambling; prostitution; extortion; bribery; theft of property having an aggregated value of more than $100,000; engaging in a criminal usury business; counterfeiting; bankruptcy or insurance frauds by arson or otherwise; and smuggling. If more than ten persons are so associated, any group of ten or more associates is a "criminal syndicate" although it is or was only a part of a larger association. Association, within the meaning of this subsection, exists among persons engaged in carrying on the criminal operation although:
(a) associates may not know each other's identity;
(b) membership in the association may change from time to time; and
(c) associates may stand in a wholesaler‑retailer or other arm’s length relationship in an illicit distribution operation.
(5) Extended Period to Commence New Prosecution. If a timely complaint, indictment or information is dismissed for any error, defect, insufficiency or irregularity, a new prosecution may be commenced within three months after the dismissal even though the period of limitation has expired at the time of such dismissal or will expire within such three months.
(6) Commencement of Prosecution.
(a) A prosecution is commenced upon the filing of a complaint before a judicial officer of the United States empowered to issue a warrant or upon the filing of an indictment or information. Commencement of prosecution for one offense shall be deemed commencement of prosecution for any included offenses.
(b) A prosecution shall be deemed to have been timely commenced notwithstanding that the period of limitation has expired:
(i) for an offense included in the offense charged, if as to the offense charged the period of limitation has not expired or there is no such period, and there is, after the evidence on either side is closed at the trial, sufficient evidence to sustain a conviction of the offense charged; or
(ii) for any offense to which the defendant enters a plea of guilty or nolo contendere.
§ 702. Entrapment
(1) Affirmative Defense. It is an affirmative defense that the defendant was entrapped into committing the offense.
(2) Entrapment Defined. Entrapment occurs when a law enforcement agent induces the commission of an offense, using persuasion other means likely to cause normally law‑abiding persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
(3) Law Enforcement Agent Defined. In this section "law enforcement agent" includes personnel of state and local law enforcement agencies as well as of the United States, and any person cooperating with such an agency.
§ 703. Prosecution for Multiple Related Offenses.
(1) Multiple Related Charges. When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense.
(2) Limitation on Separate Trials. Unless otherwise ordered by the court to promote justice, a defendant shall not be subject to separate trials for multiple offenses (a) based on the same conduct, (b) arising from the same criminal episode, or (c) based on a series of acts or omissions motivated by a common or plan and which result in the repeated commission of the same offense or affect the same person or persons or their property, if such offenses are within the jurisdiction of the court and known to the United States Attorney at the time the defendant is arraigned on the first indictment or information.
§ 704. When Prosecution Barred by Former Prosecution for Same Offense.
A prosecution is barred by a former prosecution of the defendant it is for violation of the same statute and is based upon the same facts as the former prosecution, and:
(a) the former prosecution resulted in an acquittal by a finding of not guilty or a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of an included offense is an acquittal of the inclusive offense, although the conviction is subsequently set aside;
(b) the former prosecution was terminated by a final order or judgment for the defendant, which has not been set aside, reversed or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense;
(c) the former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, or a verdict or plea of guilty which has not been set aside and which is capable of supporting a judgment; or
(d) the former prosecution was terminated after the jury was impaneled and sworn or, in the case of a trial by the court, after the first witness was sworn, except that termination under the following circumstances does not bar a subsequent prosecution:
(i) the defendant consented to the termination or waived, by motion to dismiss or otherwise, his right to object to the termination;
(ii) it was physically impossible to proceed with the trial in conformity with law; or there was a legal defect in the proceedings which would make any judgment entered upon a verdict reversible as a matter of law; or prejudicial conduct, in or outside the courtroom, made it impossible to proceed with the trial without injustice to either the defendant or the government; or the jury was unable to agree upon a verdict; or false statements of a juror on voir dire prevented a fair trial, provided that the prosecution did not bring about any of the foregoing circumstances with intent to cause termination of the trial.
§ 705. When Prosecution Barred by Former Prosecution for Different Offense.
A prosecution is barred by a former prosecution of the defendant although it is for a violation of a different statute or is based on facts different from those in the former prosecution, if:
(a) the former prosecution resulted in an acquittal or in a conviction as defined in section 704 (a) and (c) or was a barring termination under section 704(d) and the subsequent prosecution is for any offense for which the defendant should have been tried in the first prosecution under section 703(2) the court ordered a separate trial of the charge of such offense; or
(b) the former prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition which must be established for conviction of the offense of which the defendant is subsequently prosecuted.
§ 706. Prosecutions Under Other Federal Codes.
Sections 704 and 705 shall apply to prosecutions and former prosecutions under the Uniform Code of Military Justice, the District of Columbia Code, the Canal Zone Code, the criminal laws of Puerto Rico and of the territories and possessions of the United States, except that "violation of the same statute" in section 704 shall be construed as violation of a cognate statute.
§ 707. Former Prosecution in Another Jurisdiction : When a Bar.
When conduct constitutes a federal offense and an offense under the law of a local government or a foreign nation, a prosecution by the local government or foreign nation is a bar to a subsequent prosecution under either of the following circumstances:
(a) the first prosecution resulted in an acquittal or a conviction as defined in section 704 (a) and (c) or was a barring termination under section 704(d) and the subsequent prosecution is based on the same conduct or arose from the same criminal episode, unless (i) the law defining the offense of which the defendant was formerly convicted or acquitted is intended to prevent a substantially different harm or evil from law defining the offense for which he is subsequently prosecuted, or (ii) the second offense was not consummated when the first trial began ; or
(b) the first prosecution was terminated by an acquittal or a final order or judgment for the defendant which has not been set aside, reversed, or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition which must be established for conviction of the offense of which the defendant is subsequently prosecuted; unless the Attorney General of the United States certifies that the interests of the United States would be unduly harmed if the federal prosecution is barred. In this section, "local" means of or pertaining to any of the 50 states of the United States or any political unit within any of the 50 states.
§ 708. Subsequent Prosecution by a Local Government: When Barred.
When conduct constitutes a federal offense and an offense under local law, a federal prosecution is a bar to subsequent prosecution by a local government under either of the following circumstances.
(a) the federal prosecution resulted in an acquittal or a conviction as defined in section 704(a) and (c) or was a barring termination under section 704(d) and the subsequent prosecution is based on the same conduct or arose from the same criminal episode, unless (i) the statute defining the offense of which the defendant was formerly convicted or acquitted is intended to prevent a substantially different harm or evil from the law defining the offense for which he is subsequently prosecuted, or (ii) the second offense was not consummated when the first trial began; or
(b) the federal prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition which must be established for conviction of the offense of which the defendant is subsequently prosecuted.
In this section, "local" has the meaning prescribed in section 707.
§709. When Former Prosecution Is Invalid or Fraudulently Procured.
A former prosecution is not a bar within the meaning of sections 704, 705, 706,707 and 708 under any of the following circumstances:
(a) it was before a court which lacked jurisdiction over the defendant or the offense;
(b) it was for a lesser offense than could have been charged under the facts of the case, and the prosecution was procured the defendant, without the knowledge of the appropriate prosecutor, for the purpose of avoiding prosecution for a greater offense and the possible consequences thereof; or
(c) it resulted in a judgment of conviction which was held slid invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.
Part B. Specific Offenses
Chapter 10. Offenses of General Applicability
§1001. Criminal Attempt.
(1) Offense. A person is guilty of criminal attempt if, acting with the kind of culpability otherwise required for commission of a crime, he intentionally engages in conduct which, in fact, constitutes a substantial step toward commission of the crime. A substantial step is any conduct which is strongly corroborative of the firmness of the actor's intent to complete the commission of the crime. Factual or legal impossibility of committing the crime is not a defense if the crime could have been committed had the attendant circumstances been as the actor believed them to be.
(2) Complicity. A person who engages in conduct intending to aid another to commit a crime is guilty of criminal attempt if the conduct would establish his complicity under section 401 were the crime committed by the other person, even if the is not guilty of committing or attempting the crime, for example, because he has a defense of justification or entrapment.
(3) Grading. Criminal attempt is an offense of the same class as the offense attempted, except that (a) an attempt to commit a Class A felony shall be a Class B felony, and (b) whenever it is established by a preponderance of the evidence at sentencing that the conduct constituting the attempt did not come dangerously close to commission of the crime, an attempt to commit Class B felony shall be a Class C felony and an attempt to commit a Class C felony shall be a Class A misdemeanor.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section as prescribed in section 203.
§1002. Criminal Facilitation.
(1) Offense. A person is guilty of criminal facilitation if he knowingly provides substantial assistance to a person intending to commit a felony, and that person, in fact, commits the crime contemplated, or a like or related felony, employing the assistance so provided. The ready lawful availability from others of the goods or services provided by a defendant is a factor to be considered in determining whether or not his assistance was substantial. This section does not apply to a person who is either expressly or by implication made not accountable by the statute defining the felony facilitated or related statutes.
(2) Defense Precluded. Except as otherwise provided, it is no defense to a prosecution under this section that the person whose conduct the defendant facilitated has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.
(3) Grading. Facilitation of a Class A felony is a Class C felony. Facilitation of a Class B or Class C felony is a Class A misdemeanor.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the felony facilitated is a federal felony.
§1003. Criminal Solicitation
(1) Offense. A person is guilty of criminal solicitation if he commands, induces, entreats, or otherwise attempts to persuade another person to commit a particular felony, whether as principal or accomplice with intent to promote or facilitate the commission of that felony, and under circumstances strongly corroborative of that intent, and the person solicited commit overt an overt act in response to the solicitation.
(2) Defense. It is a defense to a prosecution under this section that, if the criminal object were achieved, the defendant would be a victim of the offense or the offense is so defined his conduct would be inevitably incident to its commission or he otherwise would not be guilty under the statute defining offense or as an accomplice under section 401.
(3) Defense Precluded. It is no defense to a prosecution under this section that the person solicited could not be guilty the offense because of lack of responsibility or culpability, or other incapacity or defense.
(4) Grading. Criminal solicitation is an offense of the class next below that of the crime solicited.
(5) Jurisdiction. There is federal jurisdiction over an offense defined in this section as prescribed in section 203.
§1004. Criminal Conspiracy.
(1) Offense. A person is guilty of conspiracy if he agrees with one or more persons to engage in or cause the performance of conduct which, in fact, constitutes a crime or crimes, and any one or more of such persons does an act to effect an objective of the conspiracy. The agreement need not be explicit but may be implicit in the fact of collaboration or existence of other circumstances.
(2) Parties to Conspiracy. If a person knows or could expect that one with whom he agrees has agreed or will agree with anther to effect the same objective, he shall be deemed to have agreed with the other, whether or not he knows the other's identity.
(3) Duration of Conspiracy. A conspiracy shall be deemed to continue until its objectives are accomplished, frustrated or abandoned. "Objectives" includes escape from the scene of the crime, distribution of booty, and measures, other than silence, for concealing the crime or obstructing justice in relation to it. A conspiracy shall be deemed to have been abandoned if no overt act to effect its objectives has been committed by any conspirator during the applicable period of limitations.
(4) Defense Precluded. It is no defense to a prosecution under this section that the person with whom such person is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.
(5) Liability as Accomplice. Accomplice liability for offenses committed in furtherance of the conspiracy is to be determined as provided in section 401.
(6) Grading. Conspiracy shall be subject to the penalties provided for attempt in section 1001(3).
(7) Jurisdiction. There is federal jurisdiction over an offense defined in this section as prescribed in section 203.
§1005. General Provisions Regarding Sections 1001 to 1004.
(1) Not to Apply to One Another. An offense defined in section 1001 to 1004 shall not apply to another offense defined in section 1001 to 1004.
(2) Attempt and Conspiracy Offenses Outside this Chapter. Whenever "attempt" or "conspiracy" is made an offense outside this Chapter, it shall mean attempt or conspiracy, as the case be, as defined in this Chapter.
(3) Renunciation Defense.
(a) Attempt. In a prosecution under section 1001 it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant avoided the commission of the crime attempted by abandoning his criminal effort and, if mere abandonment was insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof.
(b) Solicitation and Conspiracy. In a prosecution under section 1003 or 1004 it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited or of the crime or crimes contemplated by the conspiracy, as the case may be.
(c) "Voluntary and Complete" Defined. A renunciation not "voluntary and complete" within the meaning of this section if it is motivated in whole or in part by (§i) a belief a circumstance exists which increases the probability of detection or apprehension of the defendant or another participant in the criminal operation, or which makes more difficult consummation of the crime, or (ii) a decision to postpone the criminal conduct until another time or to substitute another victim or another but similar objective.
§1006. Regulatory Offenses.
(1) Section Applicable When Invoked by Another Statute. This section shall govern the use of sanctions to enforce a penal regulation whenever and to the extent that another statute so provides. The limits on a sentence to pay a fine provided in Part C of this Code shall not apply if the other statute fixes a different limit.. "Penal regulation" means any requirement of a statute, regulation, rule, or order which is enforcible by criminal sanctions, forfeiture or civil penalty.
(2) General Scheme of Regulatory Sanctions.
(a) Nonculpable Violations. A person who violates a penal regulation is guilty of an infraction. Culpability as to conduct or the existence of the penal regulation need not be proved under this paragraph, except to the extent required by the penal regulation.
(b) Willful Violations. A person who willfully violates a penal regulation is guilty of a Class B misdemeanor. Willfulness as to both the conduct and the existence of the penal regulations is required.
(c) Flouting Regulatory Authority. A person is guilty of a Class A misdemeanor if he flouts regulatory authority by will ful and persistent disobedience of any body of related penal regulations.
(3) Dangerous Violations of Prophylactic Regulations. A person is guilty of a Class A
misdemeanor if he willfully violates a penal regulation and thereby, in fact, creates a substantial likelihood of harm to life, health, or property, or of any other harm against which the penal regulation was directed.
Chapter 11. National Security
§1101. Treason.
A national of the United States is guilty of treason, a C A felony, if, when the United States is engaged in international war, he participates in or facilitates military activity of the enemy with intent to aid the enemy or prevent or obstruct a victory United States. It is a defense to prosecution under this section that the defendant believed that he was not a national of the United States and such belief was not recklessly held or arrived at. “National of the United States” means a person who is a citizen United States or is domiciled in the United States, except that a person shall not be deemed a national solely because of domicile if by treaty or international law such domicile does not entail allegiance to the United States.
§1102. Participating in or Facilitating War Against the United States Within Its Territory.
(1) Offense. A person is guilty of a Class A felony if, within the territory of the United States when the United States is engaged in international war, he participates in or facilitates military activity of the enemy with intent to aid the enemy or prevent or obstruct a victory of the United States.
(2) Defense. It is an affirmative defense to a prosecution under this section that the defendant acted as a member of armed service of the enemy in accordance with the laws of war and that he was not or reasonably believed he was not a national of the United States, as defined in section 1101
§1103. Armed Insurrection.
(1) Engaging in Armed Insurrection. A person is guilt a Class B felony if he engages in an armed insurrection with tent to overthrow, supplant or change the form of the governs of the United States or of a state.
(2) Leading Armed Insurrection. A person is guilty of a C A felony if, with intent to overthrow, supplant or change the form of the government of the United States or of a state, he directs or leads an armed insurrection, or organizes or provides a substantial portion of the resources of an armed insurrection which is in progress or is impending or any part of such insurrection involving 100 persons or more.
(3) Advocating Armed Insurrection. A person is guilty of a Class C felony if, with intent to induce or otherwise cause others to engage in armed insurrection in violation of subsection (1) he:
(a) advocates the desirability or necessity of armed insurrection under circumstances in which there is substantial likelihood his advocacy will imminently produce a violation subsection (1) or (2); or
(b) organizes an association which engages in the advocacy prohibited in paragraph (a), or, as an active member of association, facilitates such advocacy.
(4) Attempt; Conspiracy; Facilitation; Solicitation. A person not be convicted under section 1001 trough 1004:
(a) with respect to subsection (3)(a) unless he engaged in conduct under circumstances in which there was a substantial likelihood that it would imminently produce a violation of section (1) or (2) ; or (b) with respect to subsection (1), (2) or (3)(b) if his conduct constituted no more than an attempt or conspiracy to violate subsection (3) (a) under circumstances in which there as no substantial likelihood that such attempt or conspiracy would imminently produce a violation of this section.
§1104. Para‑Military Activities.
(1) Offense. A person is guilty of an offense if he knowingly engages in, or intentionally facilitates, pare‑military activities not authorized by law. "Para‑military activities" means acquisition, caching, use, or training in the use, of weapons for political purposes by or on behalf of an association of ten or more persons. Activities authorized by law include activities of the armed forces of the United States or of a state, including reserves and the National Guard, and federal, state or local law enforcement operations.
(2) Grading. The offense is a Class B felony if the actor organizes, directs, leads or provides a substantial portion of the resources for para-military activities involving an association of 100 or more persons. Otherwise the offense is a Class C felony.
§1105. Sabotage.
(1) Wartime Sabotage. A person is guilty of sabotage if, in time of war and with intent to impair the military effectiveness of the United States, he:
(a) damages or tampers with anything of direct military significance or a vital public facility as defined in section 1709(c);
(b) defectively makes or repairs anything of direct miliary significance;
(c) delays or obstructs transportation, communication or power service of or furnished to the defense establishment; or
(d) causes or creates a risk of catastrophe as defined in section 1704(4) by any means listed in section 1704(1).
Sabotage under this subsection is a Class A felony if it jeopardizes life or the success of a combat operation. Otherwise it is a Class B felony.
(2) Other Catastrophic Sabotage. A person is guilty of a Class A felony if, whether or not in time of war, with intent to impair the military effectiveness of the United States, he impairs the efficacy of military missiles, space vessels, satellites, nuclear weaponry, early warning systems, or other means of defense or retaliation against catastrophic enemy attack.
(3) Definitions. In this section:
(a) "defense establishment" means the defense establishment of the United States or of a nation at war with any nation with which the United States is at war;
(b) "anything of direct military significance" means armament or anything else peculiarly suited for military use, and includes such a thing in course of manufacture, transport, or other servicing or preparation for the defense establishment.
(3) Definitions. In this section:
(a) “defense establishment” means the defense establishment of the United States or of a nation at war with any nation with which the United States is at war;
(b) “anything of direct military significance” means armament or anything else peculiarly suited for military use, and includes such a thing in course of manufacture, transport, or other servicing or preparation for the defense establishment.
§1106. Recklessly Impairing Military effectiveness.
A person is guilty of a Class C felony if, in reckless disregard of a substantial risk of seriously impairing the military effectiveness of the United States, he intentionally engages, in time of war, in the conduct prohibited in paragraphs (a) through (d) of section 1104(1), or, whether or not in time of war, in the conduct prohibited in section 1105(2).
§1107. Intentionally Impairing Defense Functions.
A person is guilty of a Class C felony if, with intent to impar the military effectiveness of the United States, he engages in conduct prohibited in paragraphs (a) through (d) of section 1105 (1) and thereby causes a loss which is, in fact, in excess of $5,000.
§1108. Avoiding Military Service Obligations.
(1) Offense. A person is guilty of a Class C felony if, in violation of the regulatory act and with intent to avoid service in the armed forces of the United States or the performance of civilian work in lieu of induction into the armed forces, he:
(a) fails to register;
(b) fails to report for induction into the armed forces;
(c) refuses induction into the armed forces; or
(d) refuses or fails to perform, or avoids the performance of, civilian work required of him. Regulatory act" means Selective Service Act of 1967, or any other statute applicable to the recruiting of personnel for the armed forces, and any rules or regulations issued pursuant thereto.
(2) Duration of Offense. An offense under subsection (1)(a) is deemed to continue until the actor is no longer under a duty to iter as provided in the regulatory act.
§1109. Obstruction of Recruiting or Induction into Armed Forces.
A person is guilty of a Class C felony if:
(a) in time of war, he intentionally and substantially obstructs in the recruiting service by physical interference or obstacle or solicits another to violate section 1108; or
(b) with intent to avoid or delay his or another’s service in the armed forces of the United States, he employs force, threat or deception to influence a public servant in his official action.
“Recruiting service” means a voluntary enlistment system, the Selective Service System or any other system for obtaining personnel for the armed forces of the United States.
§1110. Causing Insubordination in the Armed Forces.
(1) Offense. A person is guilty of an offense if he intentionally causes insubordination, mutiny or refusal of duty by a member of the armed forces of the United States.
(2) Grading. The offense is a Class B felony if committed in time of war and it consists of (a) causing mutiny, or (b) can insubordination or refusal of duty of ten or more person (c) causing insubordination or refusal of duty in or directly relating to a combat operation. Otherwise it is a Class C felony.
§ 1111. Impairing Military Effectiveness by False Statement.
(1) Offense. A person is guilty of an offense if, in time of war and with intent to aid the enemy or to prevent or obstruct the success of military operations of the United States, he knowingly makes or conveys a false statement of fact concerning losses, plans, operations or conduct of the armed forces of the United States or those of the enemy, civilian or military catastrophe, or other report likely to affect the strategy or tactics of the armed forces of the United States or likely to create general panic or serious disruption.
(2) Grading. The offense is a Class B felony if it causes serious impairment of the military effectiveness of the United States. Otherwise it is a Class C felony.
§1112. Espionage.
(l) Offense. A person is guilty of espionage if he:
(a) reveals national security information to a foreign power or agent thereof with intent that such information be used in a manner prejudicial to the safety or interest of the United States; or
(b) in time of war, elicits, collects or records, or publishes or otherwise communicates national security information with intent that it be communicated to the enemy.
(2) Grading. Espionage is a Class A felony if committed in time of war or if the information directly concerns military missiles space vessels, satellites, nuclear weaponry, early warning systems or other means of defense or retaliation against catastrophic enemy attack, war plans, or any other major element of defense strategy, including security intelligence. Otherwise espionage is a Class B felony.
(3) Attempt and Conspiracy. Attempted espionage and conspiracy to commit espionage are punishable equally with the completed offense. Without limiting the applicability of section 1001 (Criminal Attempt), any of the following acts is sufficient to constitute a substantial step under section 1001 toward commission of espionage under subsection (1)(a): obtaining, collecting, eliciting national security information or entering a restricted area to obtain such information.
(4) Definitions. In this section:
(a) "national security information" means information regarding:
(i) the military capability of the United States or of a nation at war with a nation with which the United State is at war;
(ii) military or defense planning or operations of the United States;
(iii) military communications, research or development of the United
States;
(iv) restricted data as defined in 42 U.S.C. § 2014 (relating to atomic energy) ;
(v) security intelligence of the United States, including information relating to intelligence operations, activities plans, estimates, analyses, sources and methods;
(vi) classified communications information as defined in section 1114;
(vii) in time of war, any other information relating to national defense
which might be useful to the enemy;
(b) "military" connotes land, sea or air military and both offensive and defensive measures;
(c) "foreign power" includes any foreign government facing, party, or military force, or persons purporting to act as such, whether or not recognized by the United States international organization, and any armed insurrection within the United States.
(d) "agent" means representative, officer, agent or employee or, in case of a nation, a subject or citizen.
§1113. Mishandling National Security Information.
A person is guilty of a Class C felony if, in reckless disregard of potential injury to the national security of the United States, he:
(a) knowingly reveals national security information to anyone not authorized to
receive it;
(b) violates a known duty, to which he is subject as a public servant, as to custody, care or disposition of national security information or as to reporting anunlawful removal, delivery, destruction, or compromise of the security of such information; or
(c) knowingly having possession of a document or thing containing national security information, fails to deliver it on demand to a public servant of the United States entitled to receive it.
“National security information" has the meaning prescribed in section 1112(4).
§1114 Misuse of Classified Communications Information.
(1) Offense. A person is guilty of a Class C felony if he knowingly:
(a) communicates classified communications information otherwise makes it
available to an unauthorized person;
(b) publishes classified communications information; or
(c) uses classified communications information in a manner prejudicial to the
safety or interest of the United States.
(2) Attempt and Conspiracy. Attempt and conspiracy to violate this section are punishable
equally with the completed offense.
(3) Definitions. In this section:
(a) "communications information" means information:
(i) regarding the nature, preparation or use of any code, cipher or cryptographic system of the United States or of a foreign power;
(ii) regarding 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 a foreign power for cryptographic or intelligence surveillance purposes;
(iii) regarding the intelligence surveillance activities of the United States
or a foreign power; or
(iv) obtained by the process of intelligence surveillance from the communications of a foreign power;
(b) communications information is "classified" if, at time the conduct is engaged in, the communications information is, for reasons of national security, specifically designated by a United States government agency for limited or restricted dissemination or distribution.
(c) "code," "cipher" and "cryptographic system" include, 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 means of communications;
(d) "intelligence surveillance" means all procedures and the methods used in the interception of communications and the of obtaining of information from such communications by other than the intended recipients;
(e) "unauthorized person" means a person who, or agency which, is not authorized to receive communications information by the President or by the head of a United States government agency which is expressly designated by the President to engage in intelligence surveillance activities for the United States;
(f) "foreign power" has the meaning prescribed in section 1112(4).
(4) Congressional Use. This section shall not apply to furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representative of the United States or joint committee thereof. Inapplicability under this subsection is a defense.
§1115. Communication of Classified Information by Public Servant.
(1) Offense. A public servant or former public servant is guilty of a C felony if he communicates classified information to an agent or representative of a foreign government or to an officer or member of an organization defined in 50 U.S.C. § 782(5) (communist organizations). "Classified information" means information the dissemination of which has been restricted by classification by the President or by the head of a United States government agency with the approval of the President as affecting security of the United States.
(2) Defenses.
(a) It is a defense to a prosecution under this section that public servant or former public servant was specifically authorized by the President or by the head of the United States government agency which he served to make the communication prohibited by this section.
(b) It is an affirmative defense to a prosecution under this section that the former public servant obtained the information manner in a manner unrelated to his having been a public servant or, if not so obtained, it was not classified while he was a public servant.
§1116. Prohibited Recipients Obtaining Information.
Agent or representative of a foreign government or an officer or member of an organization defined in 50 U.S.C. § 782 (communist organizations) is guilty of a Class C felony if he:
(a) knowingly obtains classified information, as defined section 1115; or
(b) solicits another to commit a crime defined in sections l112,1113, 1114
or 1115.
§1117. Wartime Censorship of Communications.
A person is guilty of a Class C felony if, in time of declared war and in violation of a
statute of the United States, or regulation rule or order issued pursuant thereto, he:
(a) knowingly communicates or attempts to communicates with the enemy or an ally of the enemy;
(b) knowingly evades or attempts to evade submission to censorship of any communication passing or intended to pass between the United States and a foreign nation;
(c) uses any code or device with intent to conceal from censorship the meaning of a communication described in paragraphs (a) and (b); or
(d) uses any mode of communication knowing it prohibited by such statute or regulation, rule or order issued pursuant thereto.
§1118. Harboring or Concealing National Security Offenders.
A person is guilty of a Class C felony if he knowingly harbors or conceals another who has committed or is about to commit treason (section 1101), sabotage (section 1005), espionage 1112), or murder of the President or Vice President (section 1601).
§1119. Aiding Deserters.
(1) Offense. A person is guilty of an offense if he intentionally assists a member of the armed forces of the United States to desert or attempt to desert or, knowing that a member of the armed forces has deserted, he engages in the conduct prohibited in paragraphs (a) through (d) of subsection 91) of section 1302 with intent to aid the other to avoid discovery or apprehension.
(2) Grading. The offense is a Class C felony if it is committed in time of war. Otherwise it is a Class A misdemeanor.
§1120. Aiding Escape of Prisoner of War or Enemy Alien.
A person is guilty of a Class C felony if he intentionally:
(a) facilitates the escape of a prisoner of war held by the United States or any of its allies or of a person apprehended or detained as an enemy alien by the United States or any of its allies; or
(b) interferes with, hinders, delays or prevents the discovery or apprehension of a prisoner of war or an enemy alien who has escaped from the custody of or detention by the United States or any of its allies, by engaging in the conduct prohibited in paragraphs (a) through (d) of subsection (1) or section 1303
§1121. Offenses Relating to Vital Materials.
A person is guilty of a Class B felony if, with intent to injure the United States or to secure an advantage to a foreign power in the event of a military confrontation with the United States, he engages in conduct prohibited or declared to be unlawful U.S.C. §§ 2077, 2122, 2131, 2276 (relating to atomic energy) or 50 U.S.C. § 167c (relating to helium). "Foreign power" has the meaning prescribed in section 1112(4).
§1122. Person Trained in Foreign Espionage or Sabotage.
A person is guilty of a Class C felony if he knowingly:
(a) fails to register with the Attorney General as required by 50 U.S.C. § 851 (relating to persons trained in a foreign espionage or sabotage system); or
(b) makes a false written statement in a registration statement required by 50 U.S.C. § 851, when the statement is material and he does not believe it to be true.
§1129. Time of War; Culpability.
Chapter 12 Foreign Relations, Immigration and Nationality
FOREIGN RELATIONS AND TRADE
§1201. Military Expeditions Against Friendly Powers
(1) Offense. A person is guilty of a Class C felony if he:
(a) launches an air attack from the United States against a friendly power;
(b) organizes a military expedition assembled in the United States to engage in armed hostilities against a friendly power;
(c) within the United States, joins or knowingly provides substantial resources or
transportation from the United States to a military expedition described in paragraph (b).
(2) Definitions. In this section:
(a) "friendly power" means a foreign government, whether or not recognized bythe United States, or a faction engaged in armed hostilities, with which the United States is at peace;
(b) "armed hostilities" means international war or civil war, rebellion or insurrections.
§ 1202. Conspiracy to Commit Offenses Against a Friendly Nation.
A person is guilty of a Class C felony if he agrees with another to engage in conduct hostile to a friendly nation within the territory of any foreign nation and if a party to the agreement engages in conduct within the United States constituting a substantial step toward effecting the objective of the agreement. "Conduct hostile to a friendly nation" means:
(a) gathering information relating to the national defense a friendly nation while such nation is engaged in international war, with intent to reveal such information to the injury of such nation or to aid its enemy;
(b) intentionally killing a public servant of a friendly nation on account of his official duties; or
(c) engaging in theft or intentional destruction of or damages to or tampering with property belonging to or in the custody of the government of a friendly nation, or the intentional destruction of or damage to or tampering with a vital public facility located within the territory of a friendly nation, provided the conduct under this paragraph would constitute a felony if the property belonged to the United States or was a vital public afcility as defined in section 1709(c).
“Friendly nation" means a nation with which the United States is at peace.
§1203 Unlawful Recruiting for and Enlistment in Foreign Armed Forces.
(1) Offense. A person is guilty of a Class A misdemeanor if, within the United States, he:
(a) enters or agrees to enter the armed forces of a foreign nation; or
(b) recruits or attempts to recruit another for the armed forces of a foreign nation.
(2) Defense. It is an affirmative defense to a prosecution under this section that the conduct was authorized by statute or a regulation, rule, or order issued pursuant thereto.
§1204. International Transactions.
(1) Offense. A person is guilty of a Class C felony if h engages in conduct prohibited or declared to be unlawful by a statute listed in subsection (2), with intent to conceal a transaction from a government agency authorized to administer the statute or with knowledge that his unlawful conduct substantially obstructs, impairs or perverts the administration of the statute or any government function.
(2) Statutes. The following statutes are covered by subsection, (1):
(a) 12 U.S.C. § 95a or 50 U.S.C. App. § 5(b) (relating to embargo on gold bullion and regulation of foreign‑owed property);
(b) 22 U.S.C. §417(c) (relating to financial and arms transaction with
belligerents);
(c) 22 U.S.C. § 287c(b) (relating to support of United Nations Security Council resolutions) ;
(d) 50 U.S.C. App. § 3(a) (relating to unlicensed trading with the enemy) ;
(e) 50 U.S.C. App. § 2405(b) (relating to exports to communist-dominated nations under Export Control Act).
§1205 . Orders Prohibiting Departure of Vessels and Aircraft.
A person is guilty of a Class C felony if he knowingly causes the departure from the United States of a vessel or aircraft in violation of an order prohibiting its departure. "Order" means an order issued pursuant to a federal statute designed to restrict the delivery of the vessel or aircraft, or the supply of goods or services, to a foreign nation engaged in armed hostilities.
§1206. Failure of Foreign Agents to Register.
A person who fails to register as a foreign agent as required federal statute is guilty of a Class C felony if he surreptitiously engages in the activity with respect to which the registration is imposed or attempts to conceal the fact he is a foreign agent.
§1221. Unlawful Entry Into the United States.
(1) Offense. An alien is guilty of an offense if he intentionally:
(a) enters the United States at a time or place other than as designated pursuant to a federal statute;
(b) eludes examination or inspection by immigration officers;
(c) obtains entry to the United States by deception; or
(d) enters the United States after having been arrested and deported or excluded and deported from the United States.
(2) Grading. The offense is a Class C felony if:
(a) entry is obtained by the use of an entry document or certificate of naturalization or citizenship which the actor knows is forged or counterfeit or belongs or pertains to another; or
(b) the offense constitutes a violation of subsection (1)(d) and the alien previously
has been arrested and deported because he was convicted of a felony involving moral turpitude.
Otherwise the offense is a Class A misdemeanor.
(3) Defense. It is an affirmative defense to a prosecution under subsection (1)(d) that:
(a) the Attorney General had expressly consented to the alien's reapplying for admission to the United States prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory; or
(b) with respect to an alien previously excluded and deported, he was not required by a federal statute to obtain such advance consent.
(4) Presumption. In a prosecution under subsection (1)(d), an alien who is found in the United States after having been deported is presumed to have intentionally re‑entered the United States.
§1222. Unlawfully Bringing Aliens Into the United States.
(1) Offense. A person is guilty of an offense if he intentionally brings into or lands in the United States another who is an alien, including an alien crewman, not admitted to the United States by an immigration officer or not lawfully entitled to enter or reside within the United States.
(2). Grading. The offense is a Class C felony if the actor engages in the prohibited conduct as consideration for a thing of pecuniary value or with knowledge the alien intends to commit a felony in the United States. Otherwise it is a Class A misdemeanor.
§1223. Hindering Discovery of Illegal Entrants.
(1) Offense. A person is guilty of an offense if, with intent to hinder, delay or prevent the discovery or apprehension of another who is an alien, including an alien crewman, and who has unlawfully entered or is unlawfully within the United States, he:
(a) harbors or conceals such alien;
(b) provides such alien with a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension;
(c) conceals, alters, mutilates or destroys a document or thing; or
(d) warns such alien of impending discovery or apprehension.
(2) Grading. The offense is a Class C felony if the actor engages in the conduct;
(a) as consideration for a thing of pecuniary value;
(b) with intent to receive consideration for placing such alien in the employ of another;
(c) with intent such alien be employed or continued in the employ of an enterprise operated for profit; or
(d) with knowledge such alien intends to commit a felony in the United States.
Otherwise the offense is a Class A misdemeanor.
§1224. Obtaining Naturalization or Evidence of Citizenship by Deception.
A person is guilty of a Class C felony if he intentionally obtains by deception United States naturalization, registration in the alien registry of the United States, or the issuance of a certificate of United States naturalization or citizenship for or to any person not entitled thereto.
§1225. Fraudulent Acquisition or Improper Use of Passports.
A person is guilty of a Class C felony if:
(a) he intentionally obtains the issuance of a United States passport by deception;
or;
(b) with intent to obstruct, impair or pervert a government function which is, in fact, federal, he uses a Unites States passport the issuance of which was obtained by deception or which was issued for the use of another.
§1229. Definitions for Sections 1221 to 1225.
(1) "Alien" and Related Terms. The definitions of "alien" application for admission", "crewman", "entry", "immigration officer", and "United States" provided in 8 U.S.C. §1101 shall
to sections 1221 to 1223.
(2) "Deception". In sections 1221, 1224 and 1225, "deception” means:
(a) creating or reinforcing a false impression as to fact, law, status, value, intention or other state of mind by false written statement, impersonation or the presentation of a forged or counterfeit writing; or
(b) preventing a public servant from acquiring information which would affect his official action.
Chapter 13. Integrity and Effectiveness of Government Operations
PHYSICAL OBSTRUCTION OF GOVERNMENT FUNCTION AND RELATED OFFENSES
§1301. Physical Obstruction of Government Function.
(1) Offense. A person is guilty of a Class A misdemeanor if, by physical interference or obstacle, he intentionally obstructs, impairs or perverts the administration of law or other government function.
(2) Applicability to Arrest. This section does not apply to the conduct of a person obstructing arrest of himself; but such conduct is subject to section 1302. This section does apply to the conduct of a person obstructing arrest of another. Inapplicability under this subsection is a defense.
(3) Defense. It is a defense to a prosecution under this section that the administration of law or other government function was not lawful; but it is no defense that the defendant mistakenly believed that the administration of law or other government function was not lawful. For the purposes of this section the conduct of a public servant acting in good faith and under color of law in the execution of a warrant or other process for arrest or search and seizure shall be deemed lawful.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the government function is a federal government function.
§1302. Preventing Arrest or Discharge of Other Duties.
(1) Offense. A person is guilty of a Class A misdemeanor if, with intent to prevent a public servant from effecting an arrest of himself or another or from discharging any other official duly, he creates a substantial risk of bodily injury to the public servant or to anyone except himself, or employs means justifying or requiring substantial force to overcome resistance to effecting the arrest or the discharge of the duty.
(2) Defense. It is a defense to a prosecution under this section that the public servant was not acting lawfully; but it no defense that the defendant mistakenly believed that the servant was not acting lawfully. A public servant executing a warrant or other process in good faith and under color of law shall be deemed to be acting lawfully.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the public servant is a federal servant or the official duty is a federal official duty.
§1303. Hindering Law Enforcement.
(1) Offense. A person is guilty of hindering law enforcement if he intentionally interferes with, hinders, delays or prevents the discovery, apprehension, prosecution, conviction or punishment of another for an offense by:
(a) harboring or concealing the other;
(b) providing the other with a weapon, money, transpiration, disguise or other means of avoiding discovery or apprehension;
(c) concealing, altering, mutilating or destroying a document or thing, regardless of its admissibility in evidence; or
(d) warning the other of impending discovery or apprehension other than inconnection with an effort to bring another into compliance with the law.
(2) Grading. Hindering law enforcement is a Class C felony if the actor:
(a) knows of the conduct of the other and such conduct constutes a Class A or Class B felony; or
(b) knows that the other has been charged with or convicted of a crime and such
crime is a Class A or Class B felony.
Otherwise hindering law enforcement is a Class A misdemeanor.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section when
the principal offense is a federal offense.
§1304. Aiding Consummation of Crime.
(1) Offense. A person is guilty of aiding consummation of crime if he intentionally aids another to secrete, disguise, or convert the proceeds of a crime or otherwise profit from a crime.
(2) Grading. Aiding consummation of a crime:
(a) is a Class C felony if the actor knows of the conduct of the other and such conduct constitutes a Class A or Class B felony; and
(b) is a Class A misdemeanor if the actor knows of the conduct of the other and such conduct constitutes a Class C felony or a Class A misdemeanor.
Otherwise aiding consummation of a crime is a Class B misdemeanor.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section when
the principal crime is a federal crime.
§1305. Failure to Appear After Release; Bail Jumping..
(1) Offense. A person is guilty of an offense if, after having been released pursuant to the Bail Reform Act of 1966, upon condition or undertaking that he will subsequently appear before a court or judicial officer as required, he fails to appear as required.
(2) Grading. The offense is a Class C felony if the actor was released in connection with a charge of felony or while awaiting sentence or pending or certiorari after conviction of any crime. Otherwise it is a Class A misdemeanor.
(3) Defense. It is an affirmative defense to a prosecution under this section that the defendant was prevented from appearing at the specified time and place by circumstances to the creation of which he did not contribute in reckless disregard of the requirement to appear.
§1306. Escape.
(1) Offense. A person is guilty of escape if, without lawful authority, he removes or attempts to remove himself from official detention or fails to return to official detention following temporary leave granted for a specified purpose or limited period.
(2) Grading. Escape is a Class B felony if the actor uses a firearm, destructive device or other dangerous weapon in effecting or attempting to effect his removal from official detention. Escape is a Class felony if (a) the actor uses any other force or threat of force against another in effecting or attempting to effect his removal from official detention, or (b) the person escaping was in official detention by virtue of his arrest for, or on charge of, a felony or pursuant to his conviction of any offense. Otherwise escape is a Class A misdemeanor.
(3) Definitions. In this section:
(a) "official detention" means arrest, custody following surrender in lieu of arrest, detention in any facility for custody of persons under charge or conviction of an offense or alleged or found to be delinquent, detention under a law authorizing civil commitment in lieu of criminal proceedings or authorizing such detention while criminal proceedings are held in abeyance, detention for extradition or deportation, or custody for purposes incident to the foregoing, including transportation, medical diagnosis or treatment, court appearances, work and recreation; but "official detention" does not include supervision on probation or parole or constraint incidental to release under [18 U.S.C., Chapter 207 (Release) and § 5035 (Juvenile)];
(b) "conviction of an offense" does not include an adjudication of juvenile delinquency.
(4) Defenses. Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority shall not be a defense to a prosecution under this section if the escape is from prison or other facility used for official detention or from detention pursuant to commitment by an official proceeding. In the case of other detentions, irregularity or lack of jurisdiction shall be an affirmative defense if (a) the escape involved no substantial risk of harm to the person or property of anyone other than the detainee, or (b) the detaining authority did not act in good faith under color of law.
(5) Jurisdiction. There is federal jurisdiction over an offence defined in this section when the official detention involves federal law enforcement or the escape is from a federal public servant or federal facility used for official detention.
§1307. Public Servants Permitting Escape.
(1) Offense. A public servant concerned in official detention pursuant to process issued by a court, judge or magistrate is guilty of a Class A misdemeanor if he recklessly permits an escape and is guilty of a Class B misdemeanor if he negligently permit an escape. "Official detention" has the meaning prescribed in section 1306(3).
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the public servant is a federal public servant or the process is federal process.
§1308. Inciting or Leading Riot in Detention Facilities.
(1) Offense. A person is guilty of a Class C felony if, with intent to cause, continue, or enlarge a riot, he solicits a group of five or more persons to engage in a riot in a facility used for official detention or engages in conduct intended to serve as the beginning of or signal for such riot, or participates in planning such riot, or, in the course of such riot, issues commands or instructions in furtherance thereof.
(2) Definitions. In this section:
(a) "riot" means a disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the operation of the facility or other government function;
(b) "official detention" has the meaning prescribed in section 1306(3).
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the facility is a federal facility.
§ 1309. Introducing or Possessing Contraband Useful for Escape.
(1) Introducing Contraband. A person is guilty of a Class C felony if he unlawfully provides an inmate of an official detention facility with any tool, weapon or other object which may useful for escape. Such person is guilty of a Class B felony if the object is a firearm, destructive device or other dangerous weapon.
(2) Possession of Contraband. An inmate of an official detention facility is guilty of a Class C felony if he unlawfully procures, makes or otherwise provides himself with, or has in his possession, any tool, weapon or other object which may be useful for escape. Such person is guilty of a Class B felony if the object is a firearm, destructive device or other dangerous weapon.
(3) Definitions. In this section:
(a) "unlawfully" means surreptitiously or contrary to a statute or regulation, ruleorder issued pursuant thereto;
(b) "official detention" has the meaning prescribed in section 1306(3).
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the facility is a federal facility.
§1310. Flight to Avoid Prosecution or Giving Testimony.
(1) Offense. A person is guilty of a Class C felony if he moves or travels across a state or United States boundary with intent:
(a) to avoid prosecution, or detention after conviction, under the laws of the place from which he flees, for an attempt or conspiracy to commit, or commission of : (i) an offense involving willful infliction of bodily injury, property damage or property destruction by fire or explosion, or (ii) any felony under the laws of the place from which the fugitive flees, or which, in the case of New Jersey, is a high misdemeanor under the laws of that state; or
(b) (i) to avoid appearing as a witness, producing information, or giving testimony in any official proceeding in such place in which the commission of an offense described in paragraphs (a)(i) or (a)(ii) of this section is charged or under investigation; or (ii) to avoid contempt proceedings or other criminal prosecution, or custody or confinement after conviction, for such avoidance.
(2) Discretionary Exercise of Jurisdiction. In addition to the authorization for discretionary restraint in the exercise of federal jurisdiction by section 207, federal law enforcement agencies are authorized to decline or discontinue federal enforcement efforts whenever it appears that the conduct which is the subject of the official proceeding, prosecution or conviction would not, were it committed within federal jurisdiction, constitute a federal felony. No prosecution shall be instituted under this section unless expressly authorized by the Attorney General.
(3) Commission of Other Offenses in the Course of Flight. Commission of an offense defined in this section shall not be a basis for application of section 201(b) to confer federal jurisdiction over commission of another offense.
(4) Venue. Violations of this section may be prosecuted only in the federal judicial district in which the original crime or contempt was alleged to have been committed, or in which the person was held in custody or confinement.
OBSTRUCTION OF JUSTICE
§1321. Tampering With Witnesses and Informants in Proceedings.
(1) Tampering. A person is guilty of a Class C felony if he uses force, threat, deception or bribery:
(a) with intent to influence another's testimony in an official proceeding; or
(b) with intent to induce or otherwise cause another:
(i) to withhold any testimony, information, document or thing from an official proceeding, whether or not the other person would be legally privileged to do so;
(ii) to violate section 1323 (Tampering With Physical Evidence);
(iii) to elude legal process summoning him to testify in an official proceeding; or
(iv) to absent himself from an official proceeding to which he has been
summoned.
(2) Soliciting Bribe. A person is guilty of a Class C felony if he solicits, accepts or agrees to accept from another a thing of pecuniary value as consideration for:
(a) influencing the actor's testimony in an official proceeding; or
(b) the actor's engaging in the conduct described in paragraphs (i) through (iv) of subsection 1(b).
(3) Defenses.
(a) It is a defense to a prosecution under this section for use of threat with intent to influence another's testimony that the threat was not of unlawful harm and was used solely to influence the other to testify truthfully.
(b) In a prosecution under this section based on bribery, it shall be an affirmative defense that any consideration for a person's refraining from instigating or pressing the prosecution of an offense was to be limited to restitution or indemnication for harm caused by the offense.
(c) It is no defense to a prosecution under this section that an official proceeding
was not pending or about to be instituted.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section when
the official proceeding is a federal official proceeding.
(5) Witness Fees and Expenses. This section shall not be construed to prohibit the payment or receipt of witness fees provided by statute, 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 an official proceeding, or in the case of expert witnesses, a reasonable fee for preparing and presenting an expert opinion.
§1322. Tampering With Informants in Criminal Investigations.
(1) Offense. A person is guilty of a Class C felony if, believing another may have information relating to an offense, he deceives such other person or employs force, threat or bribery with intent to hinder, delay or prevent communication of such information to a law enforcement officer. The affirmative defense in subsection (3)(b) of section 1321 applies to this section.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the principal offense is a federal offence or when the law enforcement officer is a federal public servant.
§1323. Tampering With Physical Evidence.
(1) Offense. A person is guilty of an offense if, believing an official proceeding is pending or about to be instituted or believing process, demand or order has been issued or is about to be issued, he alters, destroys, mutilates, conceals or removes a record, document or thing with intent to impair its verity or availability in such official proceeding or for the purposes of such process, demand or order.
(2) Grading. The offense is a Class C felony if the actor substantially obstructs, impairs or perverts prosecution for a felony. Otherwise it is a Class A misdemeanor
(3) Definition. In this section "process, demand or order" means process, demand or order authorized by law for the seizure, production, copying, discovery or examination of a record, document or thing.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the official proceeding which is pending or contemplated is or would be a federal official proceeding or when the process, demand, or order is or would be issued by a federal public servant.
§1324. Harassment of and Communication With Jurors.
(1) Offense. A person is guilty of a Class A misdemeanor if, with intent to influence the official action of another as a juror, he communicates with him other than as part of the proceedings in a case, or harasses or alarms him. Conduct directed against the juror's spouse orother relative residing in the same household with the juror shall be deemed conduct directed against juror.
(2) Definition. In this section "juror" means a grand juror or a petit juror and includes a person who has been drawn or summoned to attend as a prospective juror.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the juror is a federal juror.
§1325. Demonstrating to Influence Judicial Proceedings.
(1) Offense. A person is guilty of a Class B misdemeanor if, with intent to influence a judge, juror or witness in the discharge of his duties in a judicial proceeding, he pickets, parades, uses a sound‑amplifying device, displays a placard or sign containing written or pictorial matter, or otherwise engages in a demonstration in or on the grounds of a building housing a court of the United States or of a residence of or usual place of occupancy by such judge, juror or witness or on a public way near such building, residence or place. "Near" shall not be construed to mean a place more than 200 feet from such building, residence or place, unless otherwise modified by court rule.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the judicial proceeding is a federal judicial proceeding.
§1326. Eavesdropping on Jury Deliberations.
(1) Offense. A person is guilty of a Class A misdemeanor if he intentionally:
(a) records the proceedings of a jury while such jury is deliberating or voting; or
(b) listens to or observes the proceedings of any jury of which he is not a member while such jury is deliberating or voting.
(2) Defense. This section shall not apply to the taking of notes juror in connection with and solely for the purpose of assisting him in the performance of his official duties. Inapplicability under this subsection is a defense.
(3) Definitions. In this section "jury" means grand jury or petit jury, and "juror" means grand juror or petit juror.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the jury is a federal jury.
§1327. Nondisclosure of Retainer in Criminal Matter.
(1) Offense. A person employed for compensation to influence the official action of a public servant with respect to the initiation, conduct or dismissal of a prosecution for an offense or the imposition or modification of a sentence is guilty of a Class A misdemeanor if he privately addresses to such public servant any representation, entreaty, argument or other communication intended to influence official action without disclosing the fact of such employment, knowing that the public servant is unaware of it.
(2) Applicability to Attorney‑At‑Law. This section does not apply to an attorney‑at‑law or to a person authorized by statute or regulation to act in a representative capacity with respect to the official action when he is acting in such capacity and makes known to the public servant or has indicated in any manner authorized by law that he is acting in such capacity. Inapplicability under this subsection is a defense.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section when
the public servant is a federal servant.
CRIMINAL CONTEMPT AND RELATED OFFENSES
§1341. Criminal Contempt.
(1) Power of Court. A court of the United States shall have power to punish, as authorized under this section, such contempt authority, and none other, as:
(a) misbehavior of any person in its presence or so near thereto as to obstruct theadministration of justice;
(b) misbehavior of any of its officers in their official transactions;
(c) disobedience or resistance to its lawful writ, process, order, rule, decree or command.
(2) Status as Offense; Grading. Except as otherwise provided, a criminal contempt proceeding under this section shall be deemed prosecution for an offense for the purposes of Part A (General Provisions) and Part C (Sentencing) of this Code. Criminal contempt shall be treated as a Class B misdemeanor, except that the defendant may be sentenced to a term of imprisonment of no more than six months, and, if the criminal contempt is disobedience of or resistance to a court's lawful temporary restraining order or preliminary or final injunction or other final order, other than for the payment of money, the defendant may be sentenced to pay a fine in any amount deemed just by the court.
(3) Successive Prosecutions. Notwithstanding the provisions of sections 704, 705, 706, 707 and 708 (relating to multiple prosecutions) a criminal contempt proceeding under this section is not a bar to subsequent prosecution for a specific offense if the court certifies in the judgment of conviction of criminal contempt, or the order terminating the proceeding without acquittal or dismissal, summary criminal contempt proceeding was necessary to prevent repetition of misbehavior disruptive of an ongoing proceeding and that subsequent prosecution as a specific offense is warranted. In a subsequent prosecution the defendant shall receive credit for all time spent in custody and any fine paid by him pursuant to the criminal contempt proceeding.
(4) Civil Contempt Preserved. This section shall not be construed to deprive a court of its power, by civil contempt proceedings, to compel compliance with its lawful writ, process, order, rule, decree, or command, or to compensate a complainant for losses sustained by reason of disobedience or resistance thereto in accordance with the prevailing usages of law and equity, including the power of detention.
§1342. Failure to Appear as Witness, to Produce Information or to be Sworn.
(1) Failure to Appear or to Produce. A person who has been lawfully ordered to appear ata specified time and place to testify or to produce information in an official proceeding is guilty of a Class A misdemeanor if, without lawful privilege, he fails to appear or to produce the information at that time and place.
(2) Refusal to be Sworn. A person attending an official proceeding is guilty of a Class A misdemeanor if, without lawful privilege, he fails to comply with a lawful order:
(a) to occupy or remain at the designated place from which he is to testify as a witness in such proceeding; or
(b) to be sworn or to make equivalent affirmation as a witness in such proceeding.
(3) Defenses. It is a defense to a prosecution under this section that the defendant:
(a) was prevented from appearing at the specified time and place or unable to produce the information because of circumstances to the creation of which he did not contribute in reckless disregard of the requirement to appear or to produce; or
(b) complied with the order before his failure to do so substantially affected the proceeding.
(4) Definitions. In this section
(a) "official proceeding" means
(i) an official proceeding before a judge or court of the United States, a United States magistrate, a referee in bankruptcy or a federal grand jury;
(ii) an official proceeding before Congress;
(iii) a federal official proceeding in which pursuant to lawful authority a court orders attendance or the production of information;
(iv) an official proceeding before an authorized agency;
(v) an official proceeding which otherwise is made expressly subject to this section;
(b) "authorized agency" means an agency authorized by federal statute to issue subpoenas or similar process supported by the sanctions of this section;
(c) “official proceeding before Congress” means an inquiry authorized before either House or any joint committee established by a joint or concurrent resolution of the two Houses of Congress or any committee or subcommittee of either House of Congress;
(d) “information” means a book, paper, document, record, or other tangible object.
§1343. Refusal to Testify.
(1) Offense. A person is guilty of a Class A misdemeanor if, without lawful privilege, he refuses:
(a) to answer a question pertinent to the subject under inquiry in an official proceeding before Congress and continues in such a refusal after the presiding officer directs him to answer and advises him that his continuing refusal may make him subject to criminal prosecution; or
(b) to answer a question in any other official proceeding and continues in such refusal after a federal court or federal judge or, in a proceeding before a United States magistrate or referee in bankruptcy, the presiding officer directs or orders him to answer and advises him that his continuing refusal may make him subject to criminal prosecution.
(2) Defense. It is a defense to a prosecution under this section that the defendant complied with the direction or order before his refusal to do so substantially affected the proceeding.
(3) Definition. "Official proceeding before Congress" has the meaning prescribed in subsection (4) (c) of section 1342.
§1344. Hindering Proceedings by Disorderly Conduct.
(1) Intentional Hindering. A person is guilty of a Class A misdemeanor if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.
(2) Reckless Hindering. A person is guilty of an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance. The offense is a class B misdemeanor if it continues after explicit official request to desist. Otherwise it is an infraction.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the official proceeding is a federal official proceeding.
§1345. Disobedience of Judicial Order.
(1) Offense. A person is guilty of a Class A misdemeanor if he disobeys or resists a lawful temporary restraining order or preliminary or final injunction or other final order, other than for the payment of money, of a court of the United States.
(2) Fines. Notwithstanding the limitations of section 3301 (Authorized Fines), the defendant may be sentenced to pay a fine in any amount deemed just by the court.
§1346. Soliciting Obstruction of Proceedings.
A person is guilty of a Class A misdemeanor if he solicits another to commit an offense defined in sections 1342, 1343, 1344(1) or 1345.
§1349. Certification for Prosecution of Offenses Under Sections 1342 to 1345.
(1) Judicial Proceeding. No person shall be prosecuted under ins 1342, 1343,1344 or 1345 if the official proceeding involved is before a court of the United States unless the judge or a majority of the judges sitting certifies the case to the appropriate A States Attorney to be considered for possible prosecution, it that this provision does not apply to a prosecution under section 1345 if the United States or an agency thereof is a party matter in which the order issues. If the certification includes recommendation that a prosecution be instituted, the United States Attorney shall have the duty to institute prosecution or to bring the matter before the grand jury for its action.
(2) Grand Jury Proceeding. If the official proceeding involved is a grand jury proceeding, no person shall be prosecuted:
(a) under section 1349 unless a judge certifies the case to the appropriate United States Attorney to be considered for possible prosecution;
(b) under section 1343 unless the judge whose direction has allegedly been disobeyed, or any other judge of that court the original judge is no longer serving, certifies the case the appropriate United States Attorney to be considered for possible prosecution.
If the certification includes a recommendation that a prosecution instituted, the United States Attorney shall have the duty to institute prosecution or to bring the matter before the grand jury for its action.
(3) Proceedings Before Magistrate or Referee in Bankruptcy.
No person shall be prosecuted under sections 1342 or 1343 if the official proceeding involved is before a United States magistrate or referee in bankruptcy unless a district court judge certifies the case to the appropriate United States Attorney to be considered for possible prosecution. If the certification includes a recommendation that a prosecution be instituted, the United States Attorney shall have the duty to institute prosecution or to bring the matter before the grand jury for its action.
(4) Congressional Proceedings. No person shall be prosecuted under sections 1342 or 1343 if the official proceeding involved is before Congress, unless the facts of such violation are reported to either House of Congress while Congress is in session, or, when Congress is not in session, a statement of the facts constituting such violation is reported to and filed with the President of the Senate or the Speaker of the House. If the report is made while Congress is in session and the appropriate House has so ordered, the President of the Senate or the Speaker of the House, as the case may be, shall certify, or if the report is made when Congress is not in session, such officer may certify, the statement of facts under the seal of the appropriate House to the appropriate United States Attorney, whose duty it shall be to bring the matter before the grand jury for its action.
(5) Lack of Certification a Bar. Failure to comply with the certification requirements of this section is a bar to prosecution. The defendant shall have the burden of proving such failure to comply by a preponderance of the evidence, and shall be entitled to have the issue determined by the court out of the presence of the jury, if any, and to exclusion of any reference to the need or fact of certification from the attention of the jury.
PERJURY, FALSE STATEMENTS AND INTEGRITY OF PUBLIC RECORDS
§1351. Perjury.
(1) Offense. A person is guilty of perjury, a Class C felony, if, in an official proceeding, he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a false tent previously made, when the statement is material and he does not believe it to be true.
(2) Corroboration. No person shall be convicted of perjury where proof of falsity rest solely upon contradiction by the testimony of one person.
[(2) Proof. Commission of perjury need not be proved by any particular number of witnesses or by documentary or other types of evidence.]
(3) Inconsistent Statements. Where in the course of one or more official proceedings, the defendant made a statement under oath or equivalent affirmation inconsistent with another statement made by him under oath or equivalent affirmation to the degree that one of them is necessarily false, both having been made within the period of the statute of limitations, the prosecution may set forth the statements in a single count alleging in the alternative that one or the other was false and not believed by defendant to be true. Proof that the defendant made such statements shall constitute a prima facie case that one or the other of the statements was false; but in the absence of sufficient proof of which statement was false, the defendant may be convicted under this section only if each of such statements was material to the official proceeding in which it was made
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the official proceeding is a federal official proceeding.
§1352. False Statement.
(1) False Swearing in Official Proceedings. A person is guilty of a Class A misdemeanor if, in an official proceeding, he makes false statement, whether or not material, under oath or equivalent affirmation, or swears or affirms the truth of such a statement.
(2) Other Falsity in Governmental Matters. A person is guilty of a Class A misdemeanor if, in a governmental matter, he
(a) makes a false written statement, when the statement. when the statement is material and he does not believe it to be true;
(b) intentionally creates a false impression in a written application for a pecuniary or other benefit, by omitting information necessary to prevent a material statement therein being misleading;
(c) submits or invites reliance on any material writing which he knows to be forged, altered or otherwise lacking in authenticity;
(d) submits or invites reliance on any sample, specimen map, boundary‑mark or other object which he knows to be false in a material respect; or
(e) uses a trick, scheme or device which he knows misleading in a material respect.
(3) Statement in Criminal Investigation. This section does not apply to information given during the course of an investigation into possible commission of an offense unless the information is given in an official proceeding or the declarant is otherwise under a legal duty to give the information. Inapplicability under this subsection is a defense.
(4) Definition. A matter is a "governmental matter" if it is within the jurisdiction of a government agency or of an office, agency or other establishment in the legislative or the judicial branch of government;
(5) Jurisdiction. There is federal jurisdiction over an offense defined in:
(a) subsection (1) when the official proceeding is a federal official proceeding:
(b) subsection (2) when the government is the government of the United States, or when the government is a state local government and the falsity constituting the offense that a person is a citizen of the United States.
§1353. False Statement Obstructing the Foreign Relations of the United States.
A person is guilty of a Class C felony if, in relation to a dispute between a foreign government and the United States, he makes false statement under oath or equivalent affirmation, when the statement is material and he does not believe it to be true:
(a) with knowledge that it may be used to influence the measures or conduct of any foreign government or public servant thereof to the injury of the United States; or
(b) with intent to influence any measure of or action by the United States to the injury of the United States.
§1354. False Reports to Security Officials.
(1) Offense. A person is guilty of a Class A misdemeanor if he:
(a) gives false information to a law enforcement officer with intent to falsely implicate another; or
(b) falsely reports to a law enforcement officer or other security official the occurrence of a crime of violence or other incident calling for an emergency response when he knows that the incident did not occur. "Security official" means fireman or other public servant responsible for averting or dealing with emergencies involving public safety.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the law enforcement officer or security official is a federal law enforcement officer or security official.
§1355. General Provisions for Sections 1351 to 1354.
(1) Materiality. Falsification is material under sections 1351, 1353 and 1354 regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the official proceeding or the disposition of the matter in which the statement is made. Whether a falsification is material in a given factual situation is a question of law. It is no defense that the declarant mistakenly believed the falsification to be immaterial
(2) Irregularities No Defense. It is defense to a prosecution under sections 1351, 1352 or 1353 that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made upon oath or affirmation at a time when the actor represents it as being so verified shall be deemed to have been duly sworn or affirmed.
(3) Defense of Retraction. It is a defense to a prosecution under sections 1351,1352,1353 or 1354 that the actor retracted falsification in the course of the official proceeding or matte which it was made, if in fact he did so before it became man that the falsification was or would be exposed and before falsification substantially affected the proceeding or the matter.
(4) Definition of "Statement". In sections1351, 1352 and "statement" means any representation, but includes a representation of opinion, belief or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.
§1356. Tampering With Public Records.
(1) Offense. A person is guilty of a Class A misdemeanors if he;
(a) knowingly makes a false entry in or false alternation government record; or
(b) knowingly without lawful authority destroys, conceals, removes or otherwise impairs the verity or availability government record.
(2) Definition. In this section "government record" means:
(a) any record, document or thing belonging to, or received or kept by the government for information or record;
(b) any other record, document or thing required to be kept by law, pursuant, in fact, to a statute which expressly invokes the sanctions of this section.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section when the government is the federal government or the statute which invokes the sanctions of this section is
a federal statute.
§1361. Bribery.
(1) Offense. A person is guilty of bribery, a Class C felony, if he knowingly offers, gives or agrees to give to another, or solicits, accepts or agrees to accept from another, a thing of value as consideration for:
(a) the recipient's official action as a public servant; or
(b) the recipient's violation of a known legal duty as a public servant.
(2) Defense Precluded. It is no defense to a prosecution under this section that a recipient was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.
(3) Prima Facie Case. A prima facie case is established under this section upon proof that the actor knew that a thing of pecuniary value was offered, given or agreed to be given by, or solicited, accepted or agreed to be accepted from, a person having an interest in an imminent or pending (a) examination, investigation, arrest, or judicial or administrative proceeding, or (b) bid, contract, claim, or application, and that interest could be affected by the recipient's performance or nonperformance of his official action or violation of his known legal duty as a public servant.
§1362. Unlawful Rewarding of Public Servants.
(1) Receiving Unlawful Reward. A public servant is guilty of a Class A misdemeanor if he solicits, accepts or agrees to accept a thing of pecuniary value for:
(a) having engaged in official action as a public servant; or
(b) having violated a legal duty as a public servant.
(2) Giving Unlawful Reward. A person is guilty of a Class A misdemeanor if he knowingly offers, gives or agrees to give a thing of pecuniary value, receipt of which is prohibited by this section.
§1363. Unlawful Compensation for Assistance in Government Matters.
(1) Receiving Unlawful Compensation. A public servant is guilty of a Class A misdemeanor if he solicits, accepts or agrees to accept a thing of pecuniary value as compensation for advice or other assistance in preparing or promoting a bill, contract, claim or other matter which is or is likely to be subject to his official action.
(2) Giving Unlawful Compensation. A person is guilty of a misdemeanor if he knowingly offers, gives or agrees to give a thing of pecuniary value to a public servant, receipt of which is prohibited by this section.
§1364. Trading in Public Office and Political Endorsement.
(1) Offense. A person is guilty of a Class A misdemeanor if he solicits, accepts or agrees to accept, or offers, gives or agrees to give, a thing of pecuniary value as consideration for approval
or disapproval by a public servant or party official of a person for:
(a) appointment, employment, advancement or retention as a public servant; or
(b) designation or nomination as a candidate for elf office.
(2) Definitions. In this section:
(a) "approval" includes recommendation, failure to disapprove, or any other manifestation of favor or acquiescence;
(b) "disapproval" includes failure to approve, or any manifestation of disfavor or nonacquiescence;
(c) "party official" means a person who holds a position or office in a political party, whether by election, appointment otherwise.
§ 1365. Trading in Special Influence.
A person is guilty of a Class A misdemeanor if he knowingly offers, gives or agrees to give, or solicits, accepts or agrees to accept a thing of pecuniary value for exerting, or procuring another to exert, special influence upon a public servant with respect to his legal duty or official action as a public servant. "Special influence" means power to influence through kinship or by reason of position as a public servant or party official, as defined section 1364.
§1366. Threatening Public Servants.
(1) Threats Relating to Official Proceedings or to Secure Breach of Duty. A person is guilty
of a Class C felony if he threatens harm to another with intent to influence his official action as a public servant in a pending or prospective judicial or administrative proceeding held before him, or with intent to influence him to violate his duty as a public servant.
(2) Other Threats. A person is guilty of a Class C felony if, with intent to influence another's official action as a public servant, he threatens:
(a) to commit any crime or to do anything unlawful;
(b) to accuse anyone of a crime; or
(c) to expose a secret or publicize an asserted fact, whether true or false, tending to subject any person, living or deceased, to hatred, contempt or ridicule, or to impair another's credit or business repute.
(3) Defense Precluded. It is no defense to a prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction or for any r reason.
§ 1367. Retaliation.
A person is guilty of a Class A misdemeanor if he harms another by an unlawful act in retaliation for or on account of the service of another as a public servant, witness or information "Informant" means a person who has communicated information to the government in connection with any government function.
§ 1368. Federal Jurisdiction Over Offenses in Sections 1367 to 1367.
(1) Federal Bribery and Intimidation. There is federal jurisdiction over offenses defined in:
(a) sections 1361, 1362, 1365, and 1366 when the official action or duty involved is as a federal public servant;
(b) section 1363 when the public servant is a federal public servant;
(c) section 1364 when the service involved in subsection 1 (a) is federal public service or the elective office is federal active office;
(d) section 1367 when the service involved was as a federal public servant, a federal witness or a federal informant.
(2) State and Local Bribery and Intimidation. There is federal jurisdiction over offenses defined in sections 1361, 1362, 1366 and 1367 under paragraphs (a), (b), (e) and (h) of section 201
§1369. Definition for Sections 1361 to 1368.
In sections 1361 through 1368 "thing of value" and "thing of pecuniary value" do not include (a) salary, fees and other compensation paid by the government in behalf of which the official action or legal duty is performed, or (b) concurrence in official action in the course of legitimate compromise among public servants.
OFFICIAL MISCONDUCT REGARDING CONFIDENTIAL INFORMATION AND SPECULATION
§1371. Disclosure of Confidential Information Provided to Government.
A person is guilty of a Class A misdemeanor if, in knowing violation of a duty imposed on him as a federal public servant, discloses any confidential information which he has acquired as a federal public servant. "Confidential information" means information made available to the United States government under a governmental assurance of confidence.
§1372. Speculating or Wagering on Official Action or Information.
(1) Speculating During and After Employment. A person is guilty of a Class A misdemeanor if during employment as a federal public servant, or within one year thereafter, in contemplation of official action by himself as a federal public servant or by an agency of the United States with which he is or has been associated as a federal public servant, or in reliance on information to which he has or had access only in his capacity as a federal public servant, he:
(a) acquires a pecuniary interest in any property, transaction or enterprise which maybe affected by such information official action;
(b) speculates or wagers on the basis of such information or official action; or
(c) aids another to do any of the foregoing.
(2) Taking Official Action After Speculation. A person is guilty of a Class A misdemeanor if as a federal public servant he takes official action which is likely to benefit him as a result of an acquisition of a pecuniary interest in any property, transaction or enterprise, or of a speculation or wager, which he made, or caused or aided another to make, in contemplation of such official action.
§1381. Impersonating Officials.
(1) Offense. A person is guilty of an offense if he falsely pretends to be:
(a) a public servant or foreign official and acts as if to exercise the authority of such public servant or foreign official; or
(b) a public servant or a former public servant or a foreign official and thereby obtains a thing of value.
(2) Defense Precluded. It is no defense to prosecution under this section that the pretended capacity did not exist or the pretended authority could not legally or otherwise have been exercised or conferred.
(3) Definition. In this section "foreign official" means an official of a foreign government of a character which is customarily accredited as such to the United States, the United Nation or the Organization of American States, and includes diplomatic and consular officials.
(4) Grading. An offense under subsection (1) (a) is a Class A misdemeanor. An offense under subsection (1)(b) is a Class B misdemeanor.
(5) Jurisdiction.
(a) There is federal jurisdiction over an offense of impersonation of a public servant, present or former, defined in this section when the public servant is a federal public servant
(b) Federal jurisdiction over an offense of impersonation of a foreign official defined in this section extends to any such offense committed anywhere within the United States or the special maritime or territorial jurisdiction as defined in section 210.
Chapter 14. Internal Revenue and Customs Offenses
§1401. Tax Evasion.
(1) Offense. A person is guilty of tax evasion if:
(a) with intent to evade any tax, he files or causes the filing of a tax return or information return which is false as to a material matter;
(b) with intent to evade payment of any tax which is due, he removes or conceals assets;
(c) with intent to evade payment, he fails to account for or pay over when due taxes previously collected or withheld, or received from another with the understanding that they will be paid over to the United States;
(d) with intent to evade any tax, he removes, destroys, mutilates, alters or tampers with any property in the custody, control or possession of the United States or any agent thereof;
(e) with intent to evade any tax, he knowingly fails to file an income, excise, estate or gift tax return when due; or
(f) he otherwise attempts in any manner to evade or defeat any income, excise, estate or gift tax.
(2) Grading. Tax evasion is:
(a) a Class B felony if the amount of the tax deficiency exceeds $25,000; and
(b) a Class C felony if the amount of the tax deficiency exceeds $500. Otherwise it is a Class A misdemeanor.
§1402. Knowing Disregard of Tax Obligations.
A person is guilty of a Class A misdemeanor if he knowingly:
(a) fails to file a tax return when due;
(b) engages in an occupation or enterprise without having registered or purchased a stamp if that is required by a statute n Title 26 of the United States Code:
(c) fails to withhold or collect any tax which he is required by statute to withhold or collect;
(d) after having received the notice provided for in 26 U.S.C. §7512(a), fails to deposit collected taxes in a special bank account as provided in 26 U.S.C. §7512(b), or having deposited funds in such account, pays any of them to anyone other than the United States or authorized agent thereof; or
(e) fails to furnish a true statement to an employee regarding tax withheld as required under 26 U.S.C. §6051.
§ 1403. Unlawful Trafficking in Taxable Objects.
(1) Offense. A person is guilty of an offense if he traffics a taxable object knowing that the object has been or is being imported, manufactured, produced, removed, possessed, used, transferred or sold in violation of a federal revenue statute or a regulation, rule or order issued pursuant thereto.
(2) Grading. The offense is a Class C felony if the taxable object is distilled spirits and the actor is not qualified under Title 26 of the United States Code as a distiller, bonded warehouseman, rectifier or bottler of distilled spirits or is so qualified and acts with intent to evade the tax. Otherwise it is a Class A misdemeanor.
(3) Defenses. It is an affirmative defense to a prosecution under this section that all taxes imposed upon the object or trafficking therein were paid prior to the defendant's trafficking in the object; but it is no defense that such taxes were not yet due.
§1404. Possession of Unlawfully Distilled Spirits.
A person is guilty of a Class B misdemeanor if he possesses distilled spirits, knowing that a tax imposed thereon or on the trafficking therein has not bee paid.
§1405. Presumptions Applicable to Sections 1403 and 1404.
(1) Containers, Stamps, Certificates and Labels. For pure of sections 1403 and 1404, proof that a person was found in possession of an object therein described, which object was not in the container required by statute or a regulation issued pursuant thereto, or which did not bear a stamp, certificate or label required by statute or a regulation issued pursuant thereto, gives rise to a presumption of the culpability specified in those specified in those section and that the tax was not paid.
(2) Presence at Still or Distilling Apparatus. For the purposes of section 1403, proof that aperson was present at a place where a still or distilling apparatus was then set up or where mash, wort or wash was then possessed gives rise to a presumption:
(a) that such person was a trafficker in distilled spirits; and
(b) if the signs or permits were not there displayed as required by statute or a regulation issued pursuant thereto, that such person had the culpability specified in that section.
(3) Possession of Distilled Spirits. For the purposes of section 1403, possession of a quantity of distilled spirits in excess of five gallons gives rise to a presumption that the possessor was trafficking in such distilled spirits.
§1409. Definitions for Sections 1401 to 1409.
In sections 1401 to 1409:
(a) "object" includes certificates and other documents;
(b) "possession" includes custody or control, jointly or severally exercised;
(c) "produce" and "manufacture," and variants thereof, include the gathering together of equipment or materials for the purpose of producing or manufacturing, as the case may be;
(d) "tax" means a tax imposed by a federal statute, an exaction denominated a "tax" by a federal statute, and any penalty, addition to tax, additional amount, or interest thereon, but does not include tariffs or customs duties or tolls, levies or charges which are not denominated a "tax" by a federal statute;
(e) "tax return" means a written report of the taxpayer's tax obligations which is required to be filed by a federal statute or regulation issued pursuant thereto. The term in. Includes reports of taxes withheld or collected, income tax returns, estate and gift tax returns, excise and other tax returns of any individual, corporation or other entity required to file returns and pay taxes in conjunction with a tax return, but does not include interim reports, information returns or returns of estimated tax;
(f) "taxable object" means an object upon the manufacture, production, removal, possession, import, sale or transfer of which a tax is imposed;
(g) "traffics in" means produces, manufactures, possesses with intent to transfer, transfers, dispenses, imports, receives with intent to transfer, sells or offers or agrees to do any of the foregoing.
§1411. Smuggling.
(1) Offense. A person is guilty of smuggling if he:
(a) knowingly evades examination by the government an object being introduced into the United States;
(b) knowingly deceives or make a false statement with intent to deceive the government as to deceive the government ast to a matter material to the purpose of an examination by the government of an being introduced into the United States;
(c) knowingly evades assessment or payment when due of the customs duty upon an object being introduced into United States;
(d) knowingly introduces an object into the United the introduction of which is prohibited, whether absolutely or conditionally, pursuant to a federal statute; or
(e) receives, conceals, buys, sells or in any manner facilitates the transportation, concealment or sale of an objet the assessment or payment of the duty upon which, in fact, is being or has been evaded or the introduction of which, in fact, is prohibited, absolutely or conditionally, pursuant to a federal statute, knowing that the object was unlawfully introduced into the United States.
(2) Grading. Smuggling is a Class C felony if:
(a) the value of the object exceeds $500;
(b) the duty which would have been due on the object exceeds $100;
(c) the object is being or was introduced for use in a business; or
(d) the actor knows that introduction is prohibited, whether absolutely or conditionally, because objects of that class may cause or be used to cause bodily injury or property damage.
Otherwise smuggling is a Class A misdemeanor. Notwithstanding the grading provided in this subsection, if the statute prohibiting introduction of an object, or a related statute, provides lesser grading for the same conduct, the lesser grading applies.
(3) Definitions. In this section:
(a) "introduces" and variants thereof mean import transporting or bringing into, or landing in, the United from outside the United States or from customs custody or control;
(b) "object" includes any article, goods, wares and merchandise and an animate as well as inanimate thing ;
(c) "United States" does not include the Virgin Island, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island or Guam.
(4 ) Determining Value and Duty. The value of an object shall be its highest value, determined by any reasonable standard, regardless of its value for purposes of determining the amount of duty owing, if any. Smugglings committed pursuant to one scheme or course of conduct may be charged as one offense, and the value of, or the duty owing on, the objects introduced may be aggregated in determining the grade of the offense.
(5) Charging. Smuggling. An indictment or information charging smuggling under this section which fairly apprises the defendant of the nature of the charges against him shall not be deemed insufficient because it fails to specify a particular category of smuggling. The defendant may be found guilty of smuggling under such an indictment or information if his conduct falls under any of the paragraphs of subsection (1), so long as the conduct is proved is sufficiently related to the conduct charged that the accused is not unfairly surprised by the case he must meet.
Chapter 15. Civil Rights and Elections
PROTECTION OF FEDERAL RIGHTS GENERALLY
§1501. Conspiracy Against Rights of Citizens.
A person is guilty of a Class A misdemeanor:
(a) if he conspires with another to injure, oppress, threaten or intimidate any citizen in the free exercise or enjoyment of, or because of his having so exercised, any right or privilege secured to him by the constitution or laws of the United States; or
(b) if, with intent to prevent or hinder another's free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, he goes on such other's premises with another or others or goes in disguise on the highway with another or others.
§1502. Deprivation of Rights Under Color of Law.
A person is guilty of a Class A misdemeanor if, under color of any law, statute, ordinance, regulation or custom, he intentionally subjects any inhabitant of any state:
(a) to the deprivation of any rights, privileges or immunities secured or protected by the Constitution or laws of the States; or
(b) to different punishments, pains or penalties on account of such inhabitant being an alien, or by reason of his color or race, than are prescribed for the punishment of citizens.
§1511. Interference With Elections, Federal or Federally Assisted Programs and Employment.
A person is guilty of a Class A misdemeanor if, whether or not acting under color of law, he, by force or threat of force [or by economic coercion], intentionally injures, intimidates or interferes with another because he is or has been, or in order to intimidate him or any other person from:
(a) voting for any candidate or issue or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election;
( b) participating in or enjoying the benefits of any program, service, facility, or activity provided or administered by the United States, or receiving federal financial assistance, including (i) serving as a grand or petit juror in any court of United States or attending court in connection with such possible service, or (ii) qualifying for or operating in a contractual relationship with the federal government, or (iii) qualifying for or enjoying the benefits of a federal loan or federal guarantee of any loan; or
(c) applying for or enjoying employment, or any perquisite thereof, by any federal government agency.
§1512. Discrimination in Public Education, State Activities Employment, Public Accommodations, Housing, Interstate Travel.
A person is guilty of a Class A misdemeanor if, whether or not acting under color of law, he, by force [or by economic coercion], intentionally injures, intimidates or interferes with another because of his race, color, religion. or national origin and because he is or has been, or in order to intimidate him
or any other person from:
(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) serving, or attending upon any court of any state in connection with possible service, as a grand or petit juror;
(d) 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 beverage 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 premisses 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 establishment. Nothing in this paragraph shall limit the lawful action in support of such guest policy as he chooses to adopt of a proprietor of any establishment which provides lodging to transient guests, or to any employee 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 and which is actually occupied by the proprietor as his residence;
(e) applying for or enjoying employment, or any perquisite thereof, by any private employer or any state or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency;
(f) selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or
(g) traveling among the states or in interstate commerce, or using any facility which is an integral part of interstate travel, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air.
§1513. Interference With Persons Affording Civil Rights to Others.
A person is guilty of a Class A misdemeanor if, whether or not acting under color of law, he, by force or threat of force [or by economic coercion], intentionally injures, intimidates or interferes with another because he is or has been, or in order to intimidate him or any other person from, affording, in official or private capacity, another person or class of persons opportunity or protection to participate in any benefit or activity described in section 1511 or to participate without discrimination on account of race, color, religion, or national origin in any benefit or activity described in section 1512.
§ 1514. Interference With Persons Aiding Others to Avail Themselves of Civil Rights.
A person is guilty of a Class A misdemeanor if, whether or not acting under color of law, he, by force or threat of force [or by economic coercion], intentionally injures, intimidates or interferes with another because he is or has been, or in order to intimidate him or any other person from, lawfully aiding or encouraging other persons to participate in any benefit or activity described in section 1511 or to participate without discrimination on account of race, color, religion, or national origin in any benefit or activity described in section 1512.
§1515. Discriminatory Interference With Speech or Assembly Related to Civil Rights Activities.
A person is guilty of a Class A misdemeanor if, whether or not acting under color of law, he, by force or threat of force [or by economic coercion], intentionally injures, intimidates or interferes with another because he is or has been, or in order to intimidate him or any other person from participating lawfully in speech or peaceful assembly opposing any denial of opportunity to participate in any benefit or activity described in section 1511 or to participate without discrimination on account of race, color, religion, or national origin in any benefit or activity describ4 section 1512.
§1516. Attorney General Certification for Prosecutions Under Sections 1511 to 1515.
No prosecution shall be instituted for offenses defined in sections1511 to 1515 unless the Attorney General certifies that a prosecution by the United States is in the public interest and necessary
to secure substantial justice. Nothing in this section shall be construed, however, to limit the authority of federal officers, or a grand jury, to investigate possible violations of sections 1511 to 1515.
ABUSE OF FEDERAL OFFICIAL AUTHORITY
§1521. Unlawful Acts Under Color of Federal Law.
A federal public servant acting under color of law or a person acting under color of federal law is guilty of a Class A misdemeanor if he intentionally:
(a) subjects another to unlawful violence or detention: or
(b) exceeds his authority in making an arrest or a search and seizure.
PROTECTION OF POLITICAL PROCESSES
§1531. Safeguarding Elections.
A person is guilty of a Class A misdemeanor if, in connection with any primary, general or special election, he:
(a) makes or induces any false voting registration;
(b) offers, gives or agrees to give a thing of pecuniary value to another as consideration for the recipient's voting or withholding his vote or voting for or against any candidate or for such conduct by another;
(c) solicits, accepts or agrees to accept a thing of pecuniary value as consideration for conduct prohibited under graphs (a) or (b) ; or
(d) otherwise obstructs or interferes with the lawful conduct of such election or registration therefore.
§1532. Deprivation of Federal Benefits for Political Purposes.
A person is guilty of a Class A misdemeanor if he intentionally withholds from or deprives another or threatens to withhold from or deprive another of the benefit of any federal program or federally-supported program, or a federal government contract, with intent to interfere with, restrain, or coerce any person in the exercise of his right to vote for any candidate or issue at any election, or in the exercise of any other political right.
§1533. Misuse of Personnel Authority for Political Purposes.
A federal public servant is guilty of a Class A misdemeanor if he discharges, promotes, or degrades another federal public servant, or in any manner changes or promises or threatens to change the official rank or compensation of another federal public servant, for giving or withholding or neglecting to make a contribution of many or other thing of value for any political purpose.
§ 1534. Political Contributions of Federal Public Servants.
(1) Solicitation by Federal Public Servant. A federal Public servant is guilty of a Class A misdemeanor if he solicits a contribution for any political purpose from another federal public servant, or if, in response to such a solicitation, he makes a political contribution to another federal public servant.
(2) Solicitation in Federal Facility. Any person is guilty of a Class A misdemeanor if he solicits or receives a political contribution in a federal building or facility.
§ 1535. Troops at Polls.
A public servant is guilty of a Class C felony if he orders, brings, keeps, or has under his authority or control any troops at any place where a general or special election or primary election is held, unless such force be necessary to repel armed invasion or violent interference with the election process.
FOREIGN POLITICAL CONTRIBUTIONS
§1541. Political Contributions by Agents of Foreign Principals.
(1) Contributor. An agent of a foreign principal is guilty of a C felony if, directly or indirectly, in his capacity as such agent he knowingly makes a contribution or promises to make a contribution, in connection with any primary, special, or general election, or political convention or caucus held to select candidates for any political office.
(2) Recipient. A person is guilty of a Class C felony if he knowingly solicits, accepts or agrees to accept any contribution prohibited by subsection (1).
(3) Definitions. In this section:
(a) "foreign principal" has the meaning prescribed in 22 U.S.C. § 611(b), but does not include a person who is a citizen of the United States;
(b) "agent of a foreign principal" means a person who acts as an agent, representative, employee, or servant, or a person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any substantial portion of whose activities are directly or indirectly supervised, directed, or controlled by a foreign principal.
§1551 Strikebreaking.
(1) Offense. A person is guilty of a Class A misdemeanor if he intentionally, by force or threat of force, obstructs or interferes with:
(a) peaceful picketing by employees during any labor controversy affecting wages, hours, or conditions of labor; or
(b) the exercise by employees of any of the rights of self-organization or collective bargaining.
(2) Jurisdiction. There is federal jurisdiction over an offence defined in this section under paragraphs (a) or (h) of section 201.
INTERCEPTION OF PRIVATE COMMUNICATIONS
§1561. Interception of Wire or Oral Communications.
(1) Offense. A person is guilty of a Class C felony if he:
(a) intentionally intercepts any wire or oral communication by use of any electronic, mechanical, or other device; or
(b) intentionally discloses to any other person or intentionally uses the contentsof any wire or oral communication, knowing that the information was obtained through the interception of a wire or oral communication.
(2) Defenses. It is a defense to a prosecution under this section that:
(a) the actor was authorized to intercept, disclose or use, as the case may be, the wire or oral communication under [18 U.S.C.§§2516‑19,2511(2) (a) & (b)];
(b) the actor was (i) a person acting under color of law to intercept a wire or oral communication and (ii) he was a party to the communication or one of the parties to the communication had given prior consent to such interception;
(c)(i) the actor was a party to the communication or one of the parties to the communication had given prior consent to such interception and (ii) such communication was not intercepted for the purpose of committing a crime or other lawful harm; or
(d) the provisions of [18 U.S.C. §2511(3)] apply.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (c), (e), (f) or (g) of section 201.
§1562. Traffic In Intercepting Devices.
(1) Manufacture, Distribution, or Possession. A person is guilty of a Class C felony if hemanufactures, assemble, possesses, transports or sells an electronic, mechanical, or other device, knowing that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire or oral communications.
(2) Advertising. A person is guilty of a Class A misdemeanor if he places in a newspaper, magazine, handbill, or other publication an advertisement of an electronic, mechanical, or other device,knowing that the design of such device renders it primary useful for surreptitious interception of wire or oral communications, or knowing that such advertisement promotes the use of such device for surreptitious interception of wire or oral communications.
(3) Defenses. It is a defense to a prosecution under this section that the actor was:
(a) an officer, agent, or employee of, or a person under contract with, a communications common carrier, acting within the normal course of the business of the communication common carrier; or
(b) a public servant acting in the course of his official duties or a person acting within the scope of a government contract made by a person acting in the course of his official duties.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (e), (g) or (j) of 201.
§1563. Definitions for Sections 1561 to 1563.
(a) "wire communication" means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications;
(b) "oral communication" means any oral communication uttered by a person exhibiting by an expectation that such communication is not subject to interception under circumstances justifying such expectation;
(c) "intercept" means the aural acquisition of the contents of any wire or oral communication through the use of an electronic, mechanical, or other device;
(d) "electronic, mechanical, or other device" means any devise or apparatus which can be used to intercept a wire or oral communication other than:
(i) any telephone or telegraph instrument, equipment or facility, or any component thereof, (A) furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or (B) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties;
(ii) a hearing aid or similar device being used to correct subnormal hearing to not better than normal;
(e) "contents," when used with respect to any wire or oral communication, includes any information concerning identity of the parties to such communication or the existence, substance, purport, or meaning of that communication;
(f) "communications common carrier" shall have the meaning prescribed for the term "common carrier" by 47 U.S.C.§153(h).
§1564. Interception of Correspondence.
(1) Offense. A person is guilty of a Class A misdemeanor if, knowing that a letter, postal card, or other written private correspondence has not yet been delivered to the person to whom it is directed, and knowing that he does not have the consent of the sender or receiver of the correspondence, he:
(a) damages or destroys the correspondence, with intent to prevent its delivery;
(b) opens or reads sealed correspondence, with intent to discover its contents; or
(c) knowing that sealed correspondence has been opened or read in violation of paragraph
(d), intentionally divulges its contents, in whole or in part, or a summary of any portion thereof.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (c), (e) or (f) of section 201.
Chapter 16. Offenses Involving Danger To The Person
§1601. Murder.
A person is guilty of murder, a Class A felony, if he:
(a) intentionally or knowingly causes the death of another human being;
(b) causes the death of another human being under circumstances manifesting extreme indifference to the value of human life; or
(c) acting either alone or with one or more other persons, commits or attempts to commit treason, offenses defined in sections 1102 or 1103, espionage, sabotage, robbery, burglary, kidnapping, felonious restraint, arson, rape, aggravate involuntary sodomy, or escape and, in the course of and in furtherance of such crime or of immediate flight therefrom, he, or another participant, if there be any, causes the death of a person other than one of the participants; except that in any prosecution under this paragraph in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:
(i) did not commit the homicidal act or in any way solicit, command, induce, procure, counsel or aid the commission thereof ; and
(ii) was not armed with a firearm, destructive device, dangerous weapon or other weapon which under the circumstances indicated a readiness to inflict serious bodily injury; and
(iii) reasonably believed that no other participant was armed with such a weapon; and
(iv) reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily injury.
Paragraphs (a) and (b) shall be inapplicable in the circumstances covered by paragraph (b) of section 1602.
§1602. Manslaughter
A person is guilty of manslaughter, a Class B felony, if he:
(a) recklessly causes the death of another human being; or
(b) causes the death of another human being under circumstances which would be murder, except that he causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse. The reasonableness of the excuse shall be determined from the viewpoint of a person in this situation under the circumstances as he believes them to be. An emotional disturbance is excusable, within the meaning of this paragraph, if it is occasioned by any provocation, event or situation for which the offender was not culpably responsible.
§1603. Negligent Homicide.
A person is guilty of a Class C felony if he negligently causes the death of another human being.
§1609. Federal Jurisdiction Over Homicide Offenses.
There is federal jurisdiction over an offense defined in sections 1601 to 1603 under paragraphs (a), (b), (c) or (i) of section 201.
ASSAULTS, LIFE ENDANGERING BEHAVIOR AND THREATS
§1611. Simple Assault.
(1) Offense. A person is guilty of an offense if he:
(a) willfully causes bodily injury to another human being; or
(b) negligently causes bodily injury to another human being by means of a firearm, destructive device or other weapon the use of which against a human being is likely to cause death or serious bodily injury.
(2) Grading. Simple assault is a Class A misdemeanor, unless committed in an unarmed fight or scuffle entered into mutually, in which case it is a Class B misdemeanor.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (c) or (1) of section 201.
§1612. Aggravated Assault.
(1) Offense. A person is guilty of a Class C felony if he:
(a) willfully causes serious bodily injury to another human being;
(b) knowingly causes bodily injury to another human being with a dangerous weapon or other weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury;
(c) causes bodily injury to another human being while attempting to inflict serious bodily injury on any human being; or
(d) fires a firearm or hurls a destructive device against other human being.
(2) Jurisdiction. There is federal jurisdiction over an offense ,defined in this section under paragraphs (a), (b), (c) or (l) of section 201.
§1613. Reckless Endangerment.
(1) Offense. A person is guilty of an offense if he creates a substantial risk of serious bodily injury or death to another. The offense is a Class C felony if the circumstances manifest his extreme indifference to the value of human life. Otherwise it is a Class A misdemeanor. There is risk within the meaning of this section if the potential for harm exists, whether or not a particular person's safety is actually jeopardized..
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a) or (l) of section 201 or when the offense is committed in the course of committing or in immediate flight from the commission of any other offense over which federal jurisdiction exists.
§1614. Terrorizing.
(l) Offense. A person is guilty of a Class C felony if he:
(a) threatens to commit any crime of violence or act dangerous to human life, or
(b) falsely informs another that a situation dangerous to human life or commission of a crime of violence is imminent knowing that the information is false, with intent to keep another human being in sustained fear for his or another's safety or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious disruption or public inconvenience, or in reckless disregard of the risk of causing such terror, disruption inconvenience.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (c), (e), (f) or (1) of section 201.
§1615. Threats Against the President and Successors to Presidency.
A person is guilty of a Class C felony if he threaten to commit any crime of violence against the President of the United States, the President‑elect, the Vice President or, if there is no Vice President, the officer next in order of succession to the office of President of the United States, the Vice President‑elect, or any person who is acting as President under the Constitution and of the United States:
(a) by a communication addressed to or intended to come to the attention of such official or his staff; or
(b) under any circumstances in which the threat is likely to be taken seriously as an expression of settled purpose.
"Threat" includes any knowingly false report that such violence is threatened or imminent. "President‑elect" and "Vice President-elect" have the meanings prescribed in section 219(c).
§1616. Menacing.
(1) Offense. A person is guilty of a Class A misdemeanor if he knowingly places or attempts to place another human in fear by menacing him with imminent serious bodily injury.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (c) or (1) of see 201.
§1617. Criminal Coercion.
(1) Offense. A person is guilty of a Class A misdemeanor if, with intent to compel another to engage in or refrain from conduct, he threatens to:
(a) commit any crime;
(b) accuse anyone of a crime;
(c) expose a secret or publicize an asserted fact, whether true or false, tending to subject any person, living or deceased, to hatred, contempt or ridicule, or to impair another’s credit or business repute; or
(d) take or withhold official action as a public servant, or cause a public servant to take or withhold official action.
(2) Defense. It is an affirmative defense to a prosecution under this section that the actor believed, whether or not mistakenly:
(a) that the primary purpose of the threat was to cause the other to conduct himself in his own best interests, or (b) that a purpose of the threat was to cause the other to desist from misbehavior engage in behavior from which he could not lawfully abstain make good a wrong done by him, or refrain from taking any action or responsibility for which he was disqualified.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section:
(a) under paragraphs (a), (b), (c), (e) or (1) of section 201;
(b) when the threat is to accuse anyone of a federal crime or to commit a federal crime; or
(c) when the threat in subsection (1)(d) involves federal official action.
§1618. Harassment.
(1) Offense. A person is guilty of an offense if, with intent to frighten or harass another, he:
(a) communicates in writing or by telephone a three commit any violent felony;
(b) makes a telephone call anonymously or in offensively coarse language; or
(c) makes repeated telephone calls, whether or not a conversation ensues, with no
purpose of legitimate communication.
(2) Grading. The offense is a Class A misdemeanor if it is under paragraph (a) of subsection (1). Otherwise it is a Class B misdemeanor.
(3) Jurisdiction. There is a federal jurisdiction over an offense defined in this section under paragraphs (a) or (e) of section 201.
§1619. Consent as a Defense.
(1). When a Defense. When conduct is an offense because it causes or threatens bodily injury, consent to such conduct or to the infliction of such injury by all persons injured or threatened by conduct is a defense if:
(a) neither the injury inflicted nor the injury threatened is such as to jeopardize life or
seriously impair health;
(b) the conduct and the injury are reasonably foreseeable hazards or joint participation in a lawful athletic contest or competitive sport; or
(c) the conduct and the injury are reasonably foreseeable hazards of an occupation or profession or of medical or scientific experimentation conducted by recognized methods, and the persons subjected to such conduct or injury, having been made aware of the risks involved, consent to the performance the conduct or the infliction of the injury.
(2) Ineffective Consent. Assent does not constitute consent, within the meaning of this section, if:
(a) it is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and such incompetence is manifest or known to the actor;
(b) it is given by a person who by reason of youth, mental disease or defect, or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
(c) it is induced by force, duress or deception.
§ 1631. Kidnapping.
(1) Offense. A person is guilty of kidnapping if he abducts another or, having abducted another, continues to restrain him, with intent to do the following::
(a) hold him for ransom or reward;
(b) use him as a shield or hostage;
(c) hold him in a condition of involuntary servitude:
(d) terrorize him or a third person;
(e) commit a felony or attempt to commit a felony; OR
(f) interfere with the performance of any government or political function.
(2) Grading. Kidnapping is a Class A felony unless the voluntarily releases the victim alive and in a safe place prior to trial, in which case it is a Class B felony.
§1622. Felonious Restraint.
A person is guilty of a Class C felony, if he:
(a) knowingly abducts another;
(b) knowingly restrains another under terrorizing circumstances or under circumstances exposing him to risk of serious bodily injury; or
(c) restrains another with intent to hold him in a condition of involuntary servitude.
§1633. Unlawful Imprisonment.
(1) Offense. A person is guilty of a Class A misdemeanor if he knowingly subjects another to unlawful restraint.
(2) Defense. It is defense to a prosecution under this section that the actor is a parent or person is equivalent relation to the person restrained and the person restrained is a child less than eighteen years old.
§1634. Federal Jurisdiction Over Kidnapping and Related Offenses.
(1) Generally. There is federal jurisdiction over an offense defined in sections 1631 to 1633 under paragraphs (a), (b), (c), (h) or (l) of section 201, or when the victim is a member of the immediate family of: the President of the United States, the President-elect, the Vice President, or, if there is no Vice President officer next in the order of succession to the office of President of the United States, the Vice President‑elect, or any person who is acting as President under the Constitution and laws United States. "President‑elect" and "Vice President‑elect” have the meanings prescribed in section 219(c).
(2) Involuntary Servitude. Federal jurisdiction over offense defined in sections 1631(c) or 1632(c) extends to any such offense committed anywhere within the United States or within the special maritime or territorial jurisdiction of the United States, as defined in section 210.
§1635. Usurping Control Aircraft.
(1) Offense. A person is guilty of a Class A felony if, by force of threat of force, he usurps control of an aircraft in flight.
(2). Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b) or (l) of section 201.
§1639. Definitions for Sections 1631 to 1639.
In sections 1631 to 1639:
(a) “restrain” means to restrict the movements of a person unlawfully and without consent, so as to interfere substantially with his liberty by removing him from his place of residence or business, by moving him a substantial distance from one place to another, or by confining him for a substantial period. Restraint is "without consent" if it is accomplished (i) force, intimidation or deception, or (ii) any means, including acquiescence of the victim, if he is a child less than fourteen years old or an incompetent person, and if the parent, guardian or person or institution responsible for the general supervision of his welfare has not acquiesced in the movement, or confinement;
(b) "abduct" means to restrain a person with intent prevent his liberation by (i) secreting or holding him in a place where he is not likely to be found, or (ii) endangering or threatening to endanger the safety of any human being.
RAPE, INVOLUNTARY SODOMY AND SEXUAL ABUSE
§1641. Rape.
(1) Offense. A male who has sexual intercourse with a female not his wife is guilty of rape:
(a) he compels her to submit by force, or by threat imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being;
(b) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge intoxicants or other means with intent prevent resistance; or
(c) the victim is less than ten years old.
(2) Grading. Rape is a Class A felony if in the course of the offense the actor inflicts serious bodily injury upon the victim, or if his conduct violates subsection (1)(c), or if the victim, or if his conduct violates subsection (1)(c), or if the victim is not a voluntary companion of the actor and has not perilously permitted him sexual liberties. Otherwise rape is a Class B felony.
§1642. Gross Sexual Imposition.
A male who has sexual intercourse with a female not his wife is guilty of a Class C felony if:
(a) he knows that she suffers from a mental disease or defect which renders her incapable of understanding the nature of her conduct;
(b) he knows that she is unaware that a sexual act is being committed upon her, or knows that she submits because she mistakenly supposes that he is her husband; or
(c) he compels her to submit by any threat that would render a female of reasonable firmness incapable of resisting.
§ 1643. Aggravated Involuntary Sodomy.
(1) Offense. A person who engages in deviate sexual intercourse with another, or who causes another to engage in deviate sexual intercourse, is guilty of an offense if:
(a) he compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being;
(b) he has substantially impaired the victim's power to appraise or control his or her conduct by administering or employing without his or her knowledge intoxicants or other means with intent to prevent resistance; or
(c) the victim is less than ten years old.
(2) Grading. The offense is a Class A felony if in the course of the offense the actor inflicts serious bodily injury upon the victim, or if his conduct violates subsection (1)(c), or if the victim is not a voluntary companion of the actor and has not previously permitted him sexual liberties. Otherwise the offense is a Class B felony.
§ 1644. Involuntary Sodomy.
A person who engages in deviate sexual intercourse with another, or who causes another to engage in deviate sexual intercourse, is guilty of a Class C felony if:
(a) he knows that the other person suffers from a mental disease or defect which renders him or her incapable of understanding the nature of his or her conduct;
(b) he knows that the other person is unaware that a sexual act is being committed upon him or her; or
(c) he compels the other person to submit by any threat that would render a person of
reasonable firmness incapable of resisting.
§1645. Corruption of Minors.
(1) Offense. A male who has sexual intercourse with a female not his wife or any personwho engages in deviate sexual intercourse with another or causes another to engage in deviate sexual intercourse is guilty of an offense if the other person is less than sixteen years old and the actor is at least five years older than the other person.
(2) Grading. The offense is a Class C felony, except when the actor is less than twenty‑one years old, in which case it is a Class A misdemeanor.
§1646. Sexual Abuse of Wards.
A male who has sexual intercourse with a female not his wife or any person who engages in deviate sexual intercourse with another or causes another to engage in deviate sexual intercourse is guilty of a Class A misdemeanor if:
(a) the other person is in official custody or detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over the other person; or
(b) the other person is less than twenty‑one years old and the actor is his or her parent, guardian or otherwise responsible for general supervision of the other person's welfare.
§ 1647. Sexual Assault.
A person who knowingly has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of a Class B misdemeanor if:
(a) he knows that the contact is offensive to the other person;
(b) he knows that the other person suffers from a mental disease or defect which renders him or her incapable of understanding the nature of his or her conduct;
(c) the other person is less than ten years old;
(d) he has substantially impaired the other person's power to appraise or control his or her conduct, by administering or employing without the other's knowledge intoxicants or means for the purpose of preventing resistance;
(e) the other person is in official custody or detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over him or her;
(f) the other person is less than twenty‑one years old and the actor is his or her parent, guardian or otherwise responsible for general supervision of the other person's welfare; or
(g) the other person is less than sixteen years old and the actor is not less than twenty‑one years old..
§1648. General Provisions for Sections 1641 to 1647.
(1) Mistake as to Age. In sections 1641 to 1647: (a) when the criminality of conduct depends on a child's being below the age of ten, it is no defense that the actor did not know the age, or reasonably believed the child to be older than ten; (b) when criminality depends on the child’s being below a critical age older than ten, it is an affirmative defense that the actor reasonably believed the child to be of the critical age or above.
(2) Spouse Relationships. In sections 1641 to 1647, when the definition of an offense excludes conduct with a spouse, the exclusion shall be deemed to extend to persons living as man and wife regardless of the legal status of their relationship. The exclusion shall be inoperative as respects spouses living apart under a decree of judicial separation. Where the definition of an offense excludes conduct with a spouse or conduct by a female, this shall not preclude conviction of a spouse or female as accomplice in an offense which he or she causes another person, not within the exclusion, to perform.
(3) Prompt Complaint. No prosecution may be instituted or maintained under sections 1641to 1647 unless the alleged offense was brought to the notice of public authority within three months of its occurrence or, where the alleged victim was less than sixteen years old or otherwise incompetent to make complaint, within three months after a parent, guardian or other competent person specifically interested in the victim, other than the alleged offender, learned of the offense.
(4) State Law. Sections 1645 to 1647 shall not apply to conduct which is not criminal under the law of a state within which the conduct occurs. Inapplicability under this subsection is a defense.
[(5) Testimony of Complainants. No person shall be convicted of any felony under sections 1641 to 1645 upon the uncorroborated testimony of the alleged victim. Corroboration may be circumstantial. In a prosecution before a jury for an offense under sections 1641 to 1647, the jury shall be instructed to evaluate the testimony of a victim or complaining witness with special care in view of the emotional involvement of the witness with special care in view of the emotional involvement of the witness and the difficulty of determining the truth with respect to alleged sexual activities carried out in private.]
§1649. Definitions for Sections 1641 to 1649.
In sections 1641 to 1649:
(a) "sexual intercourse" occurs upon penetration, however, slight; emission is not required;
(b) "deviate sexual intercourse" means sexual contact between human beings who are not husband and wife consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva, or any form of sexual intercourse with an animal;
(c) "sexual contact" means any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire.
§1650. Federal Jurisdiction Over Offenses in Sections 1641 to 1647.
There is federal jurisdiction over an offense defined in sections 1641 to 1647 under paragraphs (a), (b) or (1) of section 201.
Chapter 17. Offenses Against Property
ARSON AND OTHER PROPERTY DESTRUCTION
§1701. Arson
(1) Offense. A person is guilty of arson, a Class B felony, if he starts or maintains a fire or causes an explosion with intent to destroy an entire or any substantial part of a building or inhabited structure of another or a vital public facility.
(2) Jurisdiction. There is federal jurisdiction over an offense in this section under paragraphs (a), (b), (d), (e), (f), (h), (i) or (1) of section 201 and, in addition, when the offense is committed by means of an explosive or destructive device, under paragraph (g) of section 201 or if the building, inhabited structure or vital public facility is in whole or in part owned, possessed, or used or leased to, any institution or organization receiving financial assistance.
§1702. Endangering by Fire or Explosion.
(1) Offense. A person is guilty of an offense if he intentionally starts or maintains a fire or causes an explosion and thereby recklessly:
(a) places another person in danger of death or injury;
(b) places an entire or any substantial part of a building or inhabited structure of
another or a vital public facility danger of destruction; or
(c) causes damage to property of another constituting pecuniary loss in excess of
$5,000.
(2) Grading. The offense is a Class B felony if the actor places another person in danger of death under circumstances manifesting an extreme indifference to the value of human life. Otherwise it is a Class C felony.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (d), (f) or (l) of section 201.
§1703. Failure to Control or Report a Dangerous Fire.
(1) Offense. A person who knows that a fire which was started or maintained, albeit lawfully, by him or with his assent, is endangering life or a substantial amount of property of another is guilty a Class A misdemeanor if he willfully fails either to take reasonable measures to put out or control the fire when he can do so without substantial risk to himself, or to give a prompt fire alarm.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section under
paragraphs (a) or (d) of section 201.
§ 1704. Release of Destructive Forces.
(1) Causing Catastrophe. A person is guilty of a Class B felony if he intentionally causes a catastrophe by explosion, fire, flood avalanche, collapse of building, release of poison, radioactive material, bacteria, virus, or other dangerous and difficult-to-confine force or substance, and is guilty of a Class C felony if he does so willfully.
(2) Risking Catastrophe. A person is guilty of a Class A misdemeanor if he willfully creates a risk of catastrophe by fire, explosives or other means listed in subsection (1), although no fire explosion or other destruction results.
(3) Failing to Prevent Catastrophe. A person who knowingly does an act which causes or which he knows is likely to cause an explosion, fire, flood, avalanche, collapse of building, or release of poison, radioactive material, bacteria, virus or other dangerous and difficult‑to‑confine force or substance, or assents to the doing of such act, is guilty of a Class A misdemeanor if he willfully fails to take reasonable measures to prevent catastrophe.
(4) Catastrophe Defined. Catastrophe means serious bodily injury to ten or more people or substantial damage to ten or more separate habitations or structures, or property loss in excess of $500.000.
(5) Jurisdiction. There is federal jurisdiction over an offense A in this section under paragraphs (a), (b), (d), (e), (f), (h), (i) or (1) of section 201, or when commission of the offense c or threatens damage to an area in two or more states.
§1705. Criminal Mischief.
(1) Offense. A person is guilty of an offense if he:
(a) willfully tampers with tangible property of another so as to endanger person or
property;
(b) willfully damages tangible property of another; or
(c) negligently damages tangible property of another; or fire, explosives, or other dangerous means listed in section 1704(1).
(2) Grading. The offense is:
(a) a Class C felony if the actor intentionally causes pecuniary loss in excess of
$5,000 or damages tangible property of another by means of an explosive or a destructive device; and
(b) a Class A misdemeanor if the actor recklessly causes pecuniary loss in excess of
$5,000 or if the actor intentionally causes pecuniary loss in excess of $500.
Otherwise the offense is a Class B misdemeanor.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (d), (f), (i) or (1) of section 201, and, in addition, over the offense defined in section (1) (b) of this section when it is committed by mean explosive or destructive device, under paragraph (g) of section 201 or if the tangible property is in whole or in part, owned possessed, or used by or leased to, any institution or organization receiving federal financial assistance.
§1706. Tampering With or Damaging a Public Service.
(1) Offense. A person is guilty of an offense if he causes a substantial interruption, or
impairment of a public communication, transportation, supply of water, gas, power or other public service by (a) tampering with or damaging the tangible property of another; (b) incapacitating an operator of such service; or (c) negligently damaging the tangible property of another by fire, explosive or other dangerous means listed in section 1704(1).
(2) Grading. The offense is a Class C felony if the actor engages in the conduct intentionally, and a Class A misdemeanor if the actor engages in the conduct knowingly or recklessly. Otherwise it is a lass B misdemeanor.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under the paragraphs (a), (b), (d), (f), (i) or (j} of section 201
§1708. Consent a Defense to Sections 1701 to 1706.
Whenever in sections 1701 to 1706 it is an element of the offense that the property is of another, it is a defense to a prosecution under those sections that the other has consented to the actor's conduct with respect to the property.
§1709 Definitions for Sections 1701 to 1709.
In sections 1701 to 1709:
(a) "inhabited structure" means a structure or vehicle:
(i) where any person lives or carries on business of other calling
(ii) where people assemble for purposes of business, government, education,
religion, entertainment or public transportation; or
(iii) which is used for overnight accommodation of persons.
Any such structure or vehicle is deemed to be "inhabited” regardless of whether a person is actually present. If a building or structure is divided into separately inhabited units, any units which is property of another constitutes an inhabited structure of another;
(b) property is that "of another" if anyone other than the actor has a possessory or
proprietary interest therein;
(c) "vital public facility" includes a facility maintained for use as a bridge (whether over
land or water), dam, tunnel, wharf, communications or radar installation, power station or space launching facility.
§1711. Burglary.
(1) Offense. A person is guilty of burglary if he willfully enters or surreptitiously remains in a building or occupied structure, or a separately secured or occupied portion thereof, when at the time the premises are not open to the public and the actor is not licensed, invited or otherwise privileged to enter or remain, as case may be, with intent to commit a crime therein.
(2) Grading. Burglary is a Class B felony if:
(a) the offense is committed at night and is knowingly perpetrated in the dwelling of
another; or
(b) in effecting entry or while in the premises or in immediate flight therefrom, the actor
inflicts or attempts to inflict bodily injury or physical restraint on another, or menaces another
with imminent serious bodily injury, or is armed with a firearm, destructive device or other weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury.
Otherwise burglary is a Class C felony.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under
paragraphs (a), (b), (d), (k), or (1) section 201.
§1712. Criminal Trespass.
(1) Dwelling; Highly Secured Premises. A person is guilty a Class A misdemeanor if, knowing that he is not licensed or privileged to do so, he enters or remains in a dwelling or in highly secured premises.
(2) Building; Structure; Enclosed Premises. A person guilty of a Class B misdemeanor if, knowing that he is not licensed or privileged to do so, he
(a) enters or remains in any building, occupied structure or storage structure, or separately secured or occupied portion thereof; or
(b) enters or remains in any place so enclosed as manifestly to exclude intruders.
(3) Any Premises. A person is guilty of an infraction if; knowing that he is not licensed or
privileged to do so, he enter or remains in any place as to which notice against trespass is given by actual communication to the actor by the person in charge of the premises or other authorized person or by posting in a mane reasonably likely to come to the attention of intruders.
(4) Defenses. It is a defense to a prosecution under this section that:
(a) the premises were abandoned; or
(b) the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises.
(5) Jurisdiction. There is federal jurisdiction over an offense defined in this section under
paragraphs (a), (b), (d), (f) (k) or (1) of section 201.
§1713. Breaking Into or Concealment Within a Vehicle.
(1) Offense. A person is guilty of an offense if, knowing that he not licensed or privileged to do so, he breaks into a vehicle, vessel or aircraft, or, with intent to commit a crime, conceals himself therein.
(2) Grading. The offense is a Class C felony if the actor is armed with a firearm, destructive device or other weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury. Otherwise it is a is Class A misdemeanor.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under
paragraphs (a), (b) or (1) of section 201.
§ 1714. Stowing Away.
(1) Offense. A person is guilty of a Class A misdemeanor if, knowing that he is not licensed or privileged to do so, he surreptitiously remains aboard .a vessel or aircraft with intent to obtain transportation.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (d) or (h) of section 201.
§1719. Definitions for Sections 1711 to 1719.
In sections 1711 to 1719:
(a) "occupied structure" means a structure or vehicle:
(i) where any person lives or carries on business of calling; or other calling, or
(ii) which is used for overnight accommodation of persons.
Any such structure or vehicle is deemed to be "occupied” regardless of whether a person is actually present;
(b) "storage structure" means any structure, truck, railway car, vessel or aircraft which is used primarily for the storage or transportation of property;
(c) "highly secured premises" means any place, maintained, in fact, by the United States which is continuously guarded and where display of visible identification is required of persons while they are on the premise;
(d) "dwelling" has the meaning prescribed in section 619;
(e) "night" means the period between 30 minutes past sunset and 30 minutes before sunrise.
§1721. Robbery.
(1) Offense. A person is guilty of robbery if, in the course of committing a theft, he inflicts or attempts to inflict bodily injury upon another, or threatens or menaces another with imminent bodily injury.
(2) Grading. Robbery is a Class A felony if the actor fire a firearm or explodes or hurls a
destructive device or directs the force of any other dangerous weapon against another. Robbery is a Class B felony if the robber possesses or pretends to possess a firearm, destructive device or other dangerous weapon or menaces another with serious bodily injury, or inflicts bodily injury upon another, or is aided by an accomplice actually present. Otherwise robbery is a Class C felony.
(3) Definitions. In this section:
(a) an act shall be deemed "in the course of committing a theft" if it occurs in an attempt to commit theft, whether or not the theft is successfully completed, or in immediate flight from the commission of, or an unsuccessful effort to commit, the theft;
(b) "dangerous weapon" means a weapon the possession of which under the
circumstances indicates an intent or readiness inflict serious bodily injury.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section under
paragraphs (a), (b), (d), (g), (k) or (l) of section 201. No prosecution may be instituted under
paragraph (g), however, unless expressly authorized by the Attorney General.
§1731. Consolidation of Theft Offenses.
(1) Construction. Conduct denominated theft in sections 1732 to 1734 constitutes a single offense designed to include the separate offense heretofore known as larceny, stealing, purloining, embezzlement, obtaining money or property by false pretenses, extortion, blackmail,
fraudulent conversion, receiving stolen property, and the like.
(2) Charging Theft. An indictment or information charging theft under sections 1732 to 1734 which fairly apprises the defendant of the nature of the charges against him shall not be deemed insufficient because it fails to specify a particular category of theft. The defendant may be found guilty of theft under such an indictment or information if his conduct falls under any of sections 1732 to 1734, so long as the conduct proved is sufficiently related to the conduct charged that the accused is not unfairly surprised by the case he must meet.
§1732. Theft of Property.
A person is guilty of theft if he:
(a) knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof ;
(b) knowingly obtains the property of another by deception or by threat with intent to
deprive the owner thereof, or intentionally deprives another of his property by deception or by threat; or
(c) knowingly receives, retains or disposes of property of another which has been
stolen, with intent to deprive the owner thereof.
§ 1733. Theft of Services.
A person is guilty of theft if:
(a) he intentionally obtains services, known by him to be available only for
compensation, by deception, threat, false token or other means to avoid payment for the services; or
(b) having control over the disposition of services of another to which he is not
entitled, he knowingly diverts those service to his own benefit or to the benefit of another not entitled thereto.
Where compensation for services is ordinarily paid immediately upon their rendition, as in the case of hotels, restaurants, and comparable establishments, absconding without payment or making provision to pay is prima facie evidence that the services were obtained by deception.
§ 1734. Theft of Property Lost, Mislaid or Delivered by Mistake.
A person is guilty of theft if he:
(a) retains or disposes of property of another when he knows it has been lost or mislaid, or
(b) retains or disposes of property of another when he knows it has been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property, and with intent to deprive the owner of it, he fails to take readily available and reasonable measures to restore the property to a person entitled to have it.
§1735. Grading of Theft Offenses Under Sections 1732 to 1734.
(1) Class B Felony. Theft under sections 1732 to 1734 is a Class B felony if the property or services stolen exceed $100,000 in value or are acquired or retained by a threat to commit a Class A or Class B felony or to inflict serious bodily injury on the person threatened or on any other person.
(2) Class C Felony. Theft under sections 1732 to 1734 is a Class C if:
(a) the property or services stolen exceed $500 in value;
(b) the property or services stolen are acquired or retained by threat and (i) are
acquired or retained by a public servant by a threat to take or withhold official action, or (ii) exceed $50 in value;
(c) the property or services stolen exceed $50 in value and are acquired or retained by
a public servant in the course of his official duties;
(d) the property stolen is a firearm, ammunition, explosive or destructive device or an
automobile, aircraft or other motor-propelled vehicle;
(e) the property consists of any government file, record, document or other
government paper stolen from any government office or from any public servant;
(f) the defendant is in the business of buying or selling stolen property and he receives, retains or disposes of the property in the course of that business;
(g) the property stolen consists of any implement, paper, or other thing uniquely associated with the preparation of money, stamp, bond, or other document, instrument or obligation of the United States;
(h) the property stolen consists of a key or other implement uniquely suited to provide
access to property the theft of which would be a felony and it was stolen to gain such access; or
(i) the property is stolen from the United States mail and is first class mail or airmail.
(3) Class A Misdemeanor. All other theft under sections 1732 to 1734 is a Class A misdemeanor, unless the requirements of subsection (4) or (5) are met.
(4) Class B Misdemeanor. Theft under sections 1732 to 1734 of property or services of property or services of value not exceeding $50 shall be a Class B misdemeanor if:
(a) the theft was not committed by threat;
(b) the theft was not committed by deception by one who stood in a confidential or fiduciary relationship to the victim of the theft; and
(c) the defendant was not a public servant or an office or employee of a financial institution who committed the theft in the course of his official duties.
The special classification provided in this subsection shall apply if the offense is classified under this subsection in the charge or if, at sentencing, the required factors are established by a preponderance of the evidence.
(5) Infraction. Theft under section 1733 of services of a value not exceeding $10 shall be an infraction if the defendant was not a public servant who committed the theft in the course of his official duties. The special classification provided in this subsection shall apply if the offense is classified under this subsection in the charge or if, at sentencing, the required factors are establish a preponderance of the evidence.
(6) Attempt. Notwithstanding the provisions of section 1001 (3), an attempt to commit a theft under sections 1732 to 1734 is punishable equally with the completed offense when the actor completed all of the conduct which he believes necessary on his part to complete the theft except receipt of the property.
(7) Valuation. For purposes of grading, the amount involved in a theft under sections 1732 to 1734 shall be the highest value any reasonable standard, regardless of the actor's knowledge of such value, of the property or services which were stolen by the actor, or which the actor believed that he was stealing, or which the actor could reasonably have anticipated to have been the property or services involved. Thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be charged as one offense and the amounts proved to have been stolen may be aggregated in determining the grade of the offense.
§ 1736. Unauthorized Use of a Vehicle.
(1) Offense. A person is guilty of an offense if, knowing that he does not have the consent of the owner, he takes, operate, exercises control over an automobile, aircraft, motorcycle, motorboat, or other motor‑propelled vehicle of another.
(2) Defense. It is a defense to a prosecution under this section that the actor reasonably believed that the owner would have consented had he known of the conduct on which the prosecution was based..
(3) Grading. The offense is a Class C felony if the vehicle is an aircraft or if the value of the use of the vehicle and the cost of restoration exceed $500., Otherwise the offense is a Class A misdemeanor.
§1737. Misapplication of Entrusted Property.
A person is guilty of a Class A misdemeanor if he disposes of, uses or transfers any interest in, property which has been entrusted to him as a fiduciary, or in his capacity as a public servant an officer, director, agent, employee of, or a person controlling a financial institution, in a manner that he knows is not authorized and that he knows to involve a risk of loss or detriment to the owner of the property or to the government or other person for whose benefit the property was entrusted.
§1738. Defrauding Secured Creditors.
(1) Offense. A person is guilty of an offense if he destroys, removes, conceals, encumbers, transfers or otherwise deals property subject to a security interest with intent to prevent collection of the debt represented by the security interest.
(2) Grading. The offense is a Class A misdemeanor if the property has a value exceeding $500 and a Class B misdemeanor if the property has a value exceeding $500. Otherwise it is an infraction. Value is to be determined as provided in se1735(7).
§1739. Defenses and Proof as to Theft and Related Offenses.
(1) Defenses. It is a defense to a prosecution under sections 1732 to 1738 that:
(a) the actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him;
or
(b) the victim is the actor's spouse, but only when the property involved constitutes household or personal effects or other property normally accessible to both spouses and theparties involved are living together. The term "spouse”, as used in this section, includes persons living together as man and wife.
(2) Proof. (a) It shall be a prima facie case of theft under sections 1732 to 1734 if it is shown that a public servant or an officer, director, agent or employee of, or a person connected in any capacity with a financial institution has failed to pay or account in lawful demand for money or property entrusted to him as part of his official duties or if an audit reveals a shortage or falsification of his accounts. (b) It shall be prima facie evidence that the actor knows that property has been stolen if it is shown that, being a dealer, he acquired it for a consideration which he knew to be far below its reasonable value. "Dealer" means a person, whether licensed or not, who has repeatedly engaged in transactions in the type of property involved. (c) In any prosecution under sections 1732 to 1734 or 1737 where it is alleged that there is federal jurisdiction over the offense under paragraph (i) of section 201, the place from which and to which shipment was made is presumed to have been as designated he waybill or other shipping document of such shipment and interstate character of the shipment of any property by pipeline system is presumed form the interstate extension of the pipeline system.
§1740. Jurisdiction over Theft and Related Offenses.
(1) Common Bases for Sections 1732 to 1737. There is federal jurisdiction over an offense defined in sections 1732 to 1737 under paragraphs (a), (b), (d), (e), (h), (i), (j), (k) or (1) of section 201.
(2) Section 1738. There is federal jurisdiction over an offense defined in section 1738 under paragraphs (a) or (b) of section 201 or when the United States holds a security interest in the property which is the subject of the offense.
(3) Additional Common Base for Sections 1732 to 1734. There is federal jurisdiction over an offense defined in sections 1732' 1734 under paragraph (g) of section 201 when the theft is one in which property or services are acquired or retained by threat; but no prosecution may be instituted under this subsection unless expressly authorized by the Attorney General.
(4) Special Bases for Sections 1732 to 1734 and section 1737. Federal jurisdiction over an offense defined in sections 1732 to 1734 and section 1737 also exists under any of the following circumstances:
(a) Federal Public Servant‑‑when the offense is committed by a public servant of the United States acting under color of office;
(b) Misrepresentation of Federal Interest‑when the offense is committed by a misrepresentation of United States ownership, guarantee, insurance or other interest of the United States in property involved in a transaction;
(c) Impersonation of Creditors‑‑when the offense is committed by impersonation of a creditor of the United States;
(d) Indian Property‑when the subject of the offense is property owned by or in the custody of a tribe, band, or community of Indians which is subject to federal statutes relating an to Indian affairs or of any corporation, association or group which is organized under any of such statutes;
(e) Employee Benefit Plans‑‑when the subject of the offense is property owned by or in the custody of any employee welfare benefit plan or employee pension benefit plan subject to U.S.C., Ch. 10;
(f) Public Work Kickbacks‑-when any part of the compensation of a person employed in the construction, prosecution, completion or repair of any federal public building, federal public work, or building or work financed in whole or in part by loans or grants from the United States is obtained or refined by a threat or deception in relation to that person's employment;
(g)) Funds Insured by Department of Housing and Urban Development-‑when the offense is committed in a transaction for a loan, advance of credit or mortgage insured by the United States Department of Housing and Urban Development;
(h) Small Business Investment Companies--when the offense is committed by an officer, director, agent, receiver or employee of, or person connected in any capacity with, a small business investment company, as defined in 15 U.S.C. § 662, and the subject of the offense is property owned by or in the custody of such small business investment company;
(i) Registered Investment Companies-‑when the subject he offense is property owned by or in the custody of a registered investment company, as defined in 15 U.S.C. § 80a;
(j) Futures Commission Merchants-‑when the offense is committed by a futures commission merchant, as defined in 7 U.S.C. § 2, or any employee or agent thereof, and the subject of the offense is property of a customer received by such commission merchant;
(k) Common Carriers-‑when the offense is committed by an officer, director, manager or employee of a firm, association or corporation engaged in commerce as a common carrier, and subject of the offense is property owned by or in the custody of such common carrier;
(l) Federal Economic Opportunity Program--when the offense is committed by an officer, director, agent or employee of, or person connected in any capacity with, any agency receiving financial assistance under 42 U.S.C. Ch. 34, and the subject of the offense is property which is the subject grant or contract of assistance pursuant to such Chapter;
(m) Employment in Federal Economic Opportunity Program-‑when property of a person is obtained or retained by a threat in relation to that person's employment under a grant or contract of assistance pursuant to 42 U.S.C., Ch. 34;
(n) Labor Organizations‑-when the offense is committed by an officer, agent or employee of a labor organization, as defined in 29 U.S.C. § 152, and the subject of the offense is property owned by or in the custody of such labor organization;
(o) Commodity Credit Corporation‑-when the subject of the offense is property mortgaged or pledged to the Commodity Credit Corporation or is property mortgaged or pledge as security for any promissory note or other evidence of indebtedness which the Corporation has guaranteed or is obligated purchase upon tender.
§1741. Definitions for Theft and Related Offenses.
In sections 1731 to 1741:
(a) "deception" means: (i) creating or reinforcing a false impression, including false impressions as to fact, law, status, va1ue, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not substantially perform the promise unless it is part of a continuing scheme to defraud; or (ii) preventing another from acquiring information which would affect his judgment of a transaction; or (iii) failing to correct a false impression which the actor previously created or reinforced, or which he knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or (iv) failing to correct an impression which the actor previously created or reinforced and which the actor knows to have become false due to subsequent events; or (v) failing to disclose a lien, adverse claim or other impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained or in order to continue to deprive another of his property, whether such impediment is or is not valid, or is or is not a matter of official record; (vi) using a credit card, charge plate or any other instrument which purports to evidence an undertaking to pay for property or services delivered or rendered to or upon the order a designated person or bearer (A) where such instrument has been stolen, forged, revoked or cancelled, or where for any other reason its use by the actor is unauthorized, and (B) where the actor does not have the intention and ability to meet all obligations to the issuer arising out of his use of the instrument; or (vii) any other scheme to defraud.'The term “deception" does not, however, include falsifications as to matters having no pecuniary significance, or puffing by statement unlikely to deceive ordinary persons in the group addressed. "Puffing" means an exaggerated commendation of wares in communications addressed to the public or to a class or group;
(b) "deprive" means: (i) to withhold property or to cause it to be withheld either permanently or under such circumstances that a major portion of its economic value, or its use an benefit, has, in fact, been appropriated; or (ii) to withhold property or to cause it to be withheld with the intent to restore it only upon the payment of a reward or other compensation; or (iii) to dispose of property or use it or transfer any interest in it under circumstances that make its restoration, in fact; unlikely.
(c) "fiduciary" means a trustee, guardian, executor, administrator, receiver, or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary;
(d) "financial institution" means a bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment;
(e) "obtain" means: (i) in relation to property, to bring about a transfer or purported transfer of an interest in the property, whether to the actor or another; or (ii) in relation to services, to secure performance thereof;
(f) "property" means any money, tangible or intangible personal property, property (whether real or personal) the location of which can be changed (including things growing
on, affixed to, or found in land and documents although the rights represented thereby have no physical location), contract right, chose‑in‑action, interest in or claim to wealth, credit, or any other article or thing of value of any kind. "Property” also means real property the location of which cannot be moved if the offense involves transfer or attempted transfer of an interest in the property;
(g) "property of another" means property in which a person other than the actor or in which a government has an interest which the actor is not privileged to infringe without consent, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person or government might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement. Owner" means any person or a government with an interest in property such that it is "property of another" as far as the actor is concerned;
(h) "receiving" means acquiring possession, control or title, or lending on the security of the property;
(i) "services" means labor, professional service, transportation, telephone, mail or other public service, gas, electricity and other public utility services, accommodations in hotels, restaurants or elsewhere, admission to exhibitions, and use of vehicles or other property;
(j) "stolen" means property which has been the subject of theft or robbery or a vehicle which is received from a person who is then in violation of section 1736;
(k) "threat" means an expressed purpose, however communicated, to (i) cause bodily injury in the future to the person threatened or to any other person; or (ii) cause damage to property; or (iii) subject the person threatened or any other person to physical confinement or restraint; or (iv) engage in other conduct constituting a crime; or (v) accuse anyone of a crime; or (vi) expose a secret or publicize an asserted fact, whether true or false, tending to subject a person living or deceased, to hatred, contempt, or ridicule or to impair anther's credit or business repute; or (vii) reveal any information sought to be concealed by the person threatened; or (viii) testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or (ix) take or withhold official action as a public servant, or cause a public servant to take or withhold official action ; or (x) bring about or continue a strike, boycott, or other similar collective action to obtain property or deprive another of his property which is not demanded or received for the benefit of the group which the actor purports to represent; or (xi) cause anyone to be dismissed from his employment, unless the property is demanded obtained for lawful union purposes; or (xii) do any other act which would not in itself substantially benefit the actor or a group he represents but which is calculated to harm another person in a substantial manner with respect to his health, safety, business, employment, calling, career, financial condition, reputation, or personal relationship. Upon a charge of theft, the receipt of property in consideration for taking or withholding official action shall be deemed to be theft by threat regardless of whether the owner voluntarily parted with his property or himself initiated the scheme.
§1751 Forgery or Counterfeiting.
(1) Offense. A person is guilty of forgery or counterfeiting if, with intent to deceive or harm the government or another person, or with knowledge that he is facilitating such deception or harm by another person, he:
(a) knowingly and falsely makes, completes or alters any writing; or
(b) knowingly utters or possesses a forged or counterfeited writing.
(2) Grading. Forgery or counterfeiting is:
(a) a Class B felony if:
(i) the actor forges or counterfeits an obligation or other security of the United States; or
(ii) the offense is committed pursuant to a scheme to defraud another of money or property of a value in excess of $100,000;
(b) a Class C felony if:
(i) the actor is a public servant or an officer or employee of a financial institution and the offense is committed under color of office or is made possible
by his office;
(ii) the actor forges or counterfeits foreign money or other legal tender, or utters or possesses any forged or counterfeited obligation or security of the United States or foreign money or legal tender;
(iii) the actor forges or counterfeits any writing from plates, dies, molds, photographs or other similar instruments designed for multiple reproduction;
(iv) the actor forges or counterfeits a writing which purports to have been made by the government;
(v) the actor utters a forged or counterfeited United States passport or certificate of United States naturalization or citizenship; or
(vi) the offense is committed pursuant to a scheme to defraud another of money or property of a value in excess of $500;
(c) a Class A misdemeanor in all other cases.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under any of the following circumstances:
(a) Common Bases-‑under paragraphs (a) or (b) of section 201;
(b) Nature of the Writing‑-when the writing which is the subject of the offense (i) has been or purports to have been made by or on behalf of, or issued under the authority of, the United States, a national credit institution (as defined in section 219), or a foreign government or bank or (ii) is an endorsement on or otherwise a part of such writing;
(c) Misconduct by Bank Employee-‑when the offense is committed by an officer, director, agent, trustee, or employee, acting under color of office, of a national credit institution (as defined in section 219) ;
(d) Deception of Government or National Credit Institution‑-when the offense is
committed pursuant to a scheme deceive or injure the United States or a national credit institution (as defined in section 219);
(e) Interstate or Foreign Commerce-‑when the writing which is the subject of the offense is or purports to be a security or a tax stamp or part thereof which is in interstate or foreign commerce.
§1752. Facilitation of Counterfeiting.
(1) Counterfeiting Implements. A person is guilty of an offense if, except as authorized by
statute or by regulation, he knowingly makes, executes, sells, buys, imports, possesses or otherwise has within his control any plate, stone, paper, tool, die, mold or other implement or thing uniquely associated with or fitted for the preparation of any forged or counterfeited security or tax stamp or any writing which purports to be made by the United States or any foreign government.
(2) Counterfeiting Impressions. A person is guilty of an offense if, except as authorized by
statute or by regulation, he:
(a) knowingly photographs or otherwise makes a copy of:
(i) money or other obligation or security of the United States or a foreign government, or any part thereof; or
(ii) any plate, stone, tool, die, mold or other implement or thing uniquely
associated with or fitted for the preparation of any writing described in subsection (1); or
(b) knowingly sells, buys, imports, possesses or otherwise has within his control any photograph or copy the making of which is prohibited by subsection (2)(a)..
(3) Authorization as Defense. In a prosecution under this section authorization by statute or by regulation is a defense.
(4) Grading. An offense defined in this section is a Class, felony if the implement or the impression relates to the forging or counterfeiting of money or other obligation or security of the United States. Otherwise it is a Class C felony.
(5) Jurisdiction. There is federal jurisdiction over an offense defined in this section under
paragraphs (a), (b) or (j) of section 201 or when the offense involves a writing made by the United States or any foreign government.
§1753. Deceptive Writings.
(1) Offense. A person is guilty of an offense if, with intent to deceive or harm the government or another person, or with knowledge that he is facilitating such a deception or harm by another person, he knowingly issues a writing without authority to issue it or knowingly utters or possesses a deceptive writing.
(2) Grading. The offense is a Class B felony if it is committed pursuant to a scheme to defraud another of money or property of a value in excess of $100,000. The offense is a Class C felony if (a) the actor is a public servant or an officer or employee of a financial institution and the offense is committed under color of office or is made possible by his office; or (b) the offense is committed pursuant to a scheme to defraud another of money or property of a value in excess of $500. Otherwise it is a Class A misdemeanor.
(3) Jurisdiction. Federal jurisdiction over an offense defined in this section is the same as that prescribed for forgery or counterfeiting in section 1751.
§1754. Definitions for Sections 1751 to 1754.
In sections 1751 to 1754:
(a) the definitions prescribed in section 1741 apply;
(b) "writing" means (i) any paper, document or other instrument containing written or printed matter or its equivalent, including money, a money order, bond, public record, affidavit; certificate, passport, visa, contract, security, or obligation, and (ii) any coin or any gold or silver bar coined or stamped at a mint or assay office of the United States or any signature, certification, credit card, token, stamp, seal, badge, decoration, medal, trademark or other symbol or evidence of value, right, privilege, or identification which is capable of being used to the advantage or disadvantage of the government or any person;
(c) "without authority" includes conduct that, on the specific occasion called into question, is beyond any general authority given by statute, regulation or agreement;
(d) "falsely makes" means to make a writing which purports to be made by the government or another person, or a copy thereof, but which is not because the apparent maker is fictitious or because the writing was made without authority;
(e) "falsely completes" means to make an addition to or an insertion in a writing, without authority, such that the writing appears to have been made by, or fully authorized by; its apparent maker;
(f) "falsely alters" means to make a change in a writing, without authority, such that the writing appears to have been made by, or fully authorized by, its apparent maker;
(g) to "forge" or to "counterfeit" a writing means to falsely make, complete, or alter the writing, and a "forged" or “counterfeited" writing is a writing which has been falsely made, completed or altered. The terms "forgery" and "counterfeiting" and their variants are intended to be synonymous in legal effect;
(h) "utter" means to issue, authenticate, transfer, publish, sell, transmit, present, use
or otherwise give currency to;
(i) "possess" means to receive, conceal or otherwise exercise control over;
(j) the term "obligation or other security of the United States" means a bond, certificate of indebtedness, national bank currency, Federal Reserve note, Federal Reserve bank note, coupon, United States note, Treasury note, gold certificate, silver certificate, fractional note, certificate of deposit, a stamp, a postage meter stamp or other representative of value of whatever denomination, issued pursuant to a federal statute, and a canceled United States stamp;
(k) "security" other than as provided in paragraph (j) includes any note, stock certificate, bond, debenture, check, draft, warrant, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest or participation in any profit‑sharing agreement, collateral‑trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting‑trust certificate, certificate of interest in tangible or intangible property, instrument or document or writing evidencing ownership of goods, wares, and merchandise, or transferring or assigning any right, title, or interest in or to goods, wares, and merchandise, uncanceled stamp issued y a foreign government (whether or not demonetized); or, in general, any instrument commonly known as a "security", or any certificate of interest or participation in, temporary or interim certificate for, receipt for, warrant or right to subscribe to or purchase any of the foregoing ;
(1) "tax stamp" includes any tax stamp, tax token, tax meter imprint, or any other form of evidence of an obligation running to a state, or evidence of the discharge thereof;
(m) a "deceptive writing" is a writing which (i) has been procured by deception, or (ii) has been issued without authority.
§1755. Making or Uttering Slugs.
(1) Offense. A person is guilty of an offense if he makes or utters a slug with intent to deprive a supplier of property or service sold or offered by means of a coin machine or with knowledge that he is facilitating such a deprivation by another person.
(2) Grading. The offense is a Class A misdemeanor if it involves slugs which exceed $50
in value. Otherwise it is a Class B misdemeanor.
(3) Definitions. In this section:
(a) "slug" means a metal, paper, or other object which by virtue of its size, shape or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill or token;
(b) "coin machine" means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed:
(i) to receive a coin or bill of a certain denomination or a token made for the purpose; and
(ii) in return for the insertion or deposit thereof, automatically to offer,
provide, assist in providing or permit the acquisition of property or a public or
private service;
(c) "value" of the slugs means the value of the coins, bills or tokens for which they are capable of being substituted.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraph (a) of section 201 or when the offense involves a coin machine designed to receive currency of the United States.
§1756. Bankruptcy Fraud.
(1) Offense. A person is guilty of a Class C felony if, with intent to deceive a court or its
officers or to harm creditors of a bankrupt, he knowingly:
(a) transfers or conceals any property belonging to estate of a bankrupt;
(b) receives any material amount of property from a bankrupt after the filing of a bankruptcy proceeding;
(c) transfers or conceals, in contemplation of a bankruptcy proceeding, his own property or the property of another;
(d) conceals, destroys, mutilates, alters or makes a false entry in any document affecting or relating to the property or affairs of a bankrupt, or withholds any such document from the receiver, trustee or other officer of the court entitled to its possession;
or
(e) gives, obtains or receives a thing of value for acting or forbearing to act in any bankruptcy proceeding.
(2) Duration of Offense. The concealment of any property of a bankrupt is a continuing offense and the period of limitations shall not begin to run until the bankrupt shall have been finally discharged from bankruptcy or a discharge from bankruptcy finally denied.
(3) Definitions. In this section "bankrupt" means a debtor by or against whom a petition has been filed under Title 11 of the United States Code, and "bankruptcy proceeding" includes any proceeding, arrangement or plan pursuant to Title 11.
§1757. Rigging a Sporting Contest.
(1) Interference With a Sporting Contest. A person is guilty Class C felony if, with intent to prevent a publicly‑exhibited sporting contest from being conducted in accordance with the rules and usages purporting to govern it, he:
(a) confers or offers or agrees to confer any benefit upon, or threatens any harm to,
a participant, official or other person associated with the contest; or
(b) tampers with any person, animal or thing.
(2) Soliciting or Accepting Benefits. A person is guilty of a ss C felony if he knowingly solicits, accepts or agrees to accept any benefit the giving of which is prohibited under subsection (1).
(3) Definition. A "publicly‑exhibited sporting contest" is any contest in any sport, between individual contestants or teams of contestants, the occurrence of which is publicly announced in advance of the event.
(4) Status of Contestant. The status of the contestant as amateur or professional is not material to the commission of the offense described in this section.
(5) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (e) or (h) of section 201.
§ 1758. Commercial Bribery.
(1) Giving Bribe. A person is guilty of a Class A misdemeanor if he:
(a) confers or agrees or offers to confer any benefit upon an employee or agent without the consent of the latter' employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs; or
(b) confers or agrees or offers to confer any benefit upon any fiduciary without the consent of the beneficiary, with intent to influence the fiduciary to act or conduct himself contrary to his fiduciary obligation.
(2) Receiving Bribe. A person is guilty of a Class A misdemeanor if he knowingly solicits, accepts or agrees to accept any benefit the giving of which is prohibited under subsection (1).
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under any of the following circumstances:
(a) Common Bases-‑under paragraphs (a) or (b) of section 201;
(b) National Credit Institutions‑‑when the person committing the offense or the
person who is the subject of the offense is an agent, fiduciary or employee of a national
credit institution (as defined in section 219) or of a small business investment company (as defined in 15 U.S.C. § 662), and the offense is committed in connection with his duties;
(c) Employee Welfare or Pension Plan-‑when the person committing the offense or the person who is the subject of the offense is an agent, fiduciary or employee of an employee welfare benefit plan or employee pension benefit plan subject to 29 U.S.C., Ch. 10; or is an employer any of whose employees are covered by such plan; or is an agent, fiduciary or employee of an employer any of whose employees are covered by such plan; or is an agent, fiduciary or employee of an employee organization any of whose members are covered by such plan; or is a person who, or an agent, fiduciary or employee of an organization which, provides benefit plan services to such plan; and the offense is committed in connection with his duties;
(d) Interstate Facilities‑-when the person committing the offense or the person who is the subject of the offense is an agent, fiduciary or employee of any interstate facility and the offense is committed in the course of his duties;
(e) Military Service Clubs‑-when the person committing the offense or the person who is the subject of the offense is an agent, fiduciary or employee of a military officers' or servicemen's club for personnel on active duty, or of a military post, exchange, and the offense is committed in connection with his duties.
§1759. Unlawful Trafficking in Food Stamp Coupons.
(1) Offense. A person is guilty of an offense if he knowingly traffics in food stamp coupons in violation of the regulatory law.
(2) Definitions. In this section:
(a) "traffics" means:
(i) transfers or otherwise disposes of the coupon to another;
(ii) possesses the coupons with intent to transfer or other-wise dispose of
them to another; or
(iii) obtains or receives the coupons;
(b) "regulatory law" means Chapter 51 of Title 7, United States Code, and regulations issued pursuant thereto.
(3) Grading. The offense is a Class C felony if the value of the coupons exceeds $500 and the trafficking was engaged in with intent that the coupons be used by a person not authorized to use them or that the coupons be used to purchase a thing other than food, as defined in the regulatory law. Otherwise the offense is a Class A misdemeanor.
(4) Valuation. For purposes of grading, the value of the coupons shall be the face value. Trafficking committed pursuant to one scheme or course of conduct may be charged as one offense and the value of the coupons involved may be aggregated in determining the grade of the offense.
§1771. Engaging in or Financing Criminal Usury Business
(1) Offense. A person is guilty of a Class C felony if he knowingly engages in, or directly or indirectly provides financing for, `the business of making extensions of credit at such a rate of interest that repayment or performance of any promise given in consideration thereof is unenforceable through civil judicial process (a) in the jurisdiction where the debtor, if a natural person, resided at the time credit was extended or (b) in every jurisdiction which the debtor, if other than a natural person, was incorporated or qualified to do business at the time credit was extended.
(2) Presumptions. Knowledge of unenforceability shall be presumed, in the case of a person engaging in the business, if any of the following exist, and in the case of a person directly or indirectly providing financing, if he knew any of the following:
(a) it is an offense in the relevant jurisdiction described in subsection (1) to charge, take or receive interest at the rate involved ;
(b) the rate of interest charged, taken or received is 50 or more percentum greater
than the maximum enforceable rate of interest in the relevant jurisdiction described in
subsection (1); or
(c) the rate of interest involved exceeds 45 percentum per annum or the equivalent rate for a longer or shorter period.
(3) Rate of Interest. Unless otherwise provided by the law of the relevant jurisdiction described in subsection (1), the rate of interest is to be calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied first to the unpaid principal.
(4) Defense. It is a defense to a prosecution under this section that the defendant was licensed or otherwise authorized by the United States or a state government to engage in the business of making extensions of credit.
(5) Definitions. In this section
(a) an "extension of credit" means any loan, or any agreement tacit or express whereby the repayment or satisfaction of any debt, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred;
(b) "debtor" means any person to whom an extension of credit is made, or who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same;
(c) the repayment of any extension of credit includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
(6) Judicial Notice of State Law. For the purposes of this section, relevant state law, including conflicts of laws rules, governing the enforceability through civil judicial processes of repayment of any extension of credit or the performance of any promise given in consideration thereof shall be judicially noticed. This subsection does not impair any authority which any court would otherwise have to take judicial notice of any matter of state law.
(7) Jurisdiction. Federal jurisdiction over an offense defined in this section extends to any such offense committed anywhere within the United States, pursuant to the powers of Congress to regulate commerce and to establish uniform and effective laws on the subject of bankruptcy, and under the findings of Congress expressed in section 201 of the Consumer Credit Protection Act (Public Law 90‑321), and to any such offense committed within the special maritime and territorial jurisdiction of the United States, as defined in section 210.
§1772 Securities Violations.
A person is guilty of a Class C felony if he:
(a) knowingly does anything declared to be unlawful in 15 U.S.C. §§77e, 77q, 77w, 77fff, 77xxx, 78i(a)(1)‑(5) or [Rule 10b‑5]; or
(b) in a registration statement filed under subchapter I of U.S.C., Ch. 2A, or in an application, report or document filed under subchapter III of 15 U.S.C., Ch. 2A or any rule, regulation, or order issued pursuant thereto, knowingly makes any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein not misleading.
§1773. Banking Violations.
A person is guilty of a Class C felony if he engages in conduct prohibited or declared to be unlawful by 12 U.S.C. § 95 (relating emergency restrictions on members of federal reserve system), with intent to conceal a transaction from a government agency authorized to administer the statute or with knowledge that his unlawful conduct substantially obstructs, impairs or perverts the administration of the statute or any government function.
Chapter 18. Offenses Against Public Order, Health, Safety and Sensibilities
§1801 Inciting Riot.
(1) Offense. A person is guilty of an offense if he:
(a) incites or urges five or more persons to create or engage in a riot; or
(b) gives commands, instructions or directions to five or more persons in furtherance of a riot.
"Riot" means a public disturbance involving an assemblage of five [ten] or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function.
(2) Attempt, Solicitation and Conspiracy. A person shall be convicted under sections 1001, 1003 or 1004 of attempt, solicitation or conspiracy to commit an offense under this section only if he engages in the prohibited conduct under circumstances in which there is a substantial likelihood that his conduct will imminently produce a violation of this section.
(3) Grading. The offense is a Class C felony if it is under subsection (1) (b) and the riot involves 100 or more persons. 0therwise it is a Class A misdemeanor.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (e) or (h) of section 201; but no prosecution shall be instituted under paragraphs (e) or (h) unless the Attorney General certifies that a federal interest exists by reason of the fact the circumstances under which the offense occurred manifestly portended involvement of 100 or more persons or the riot involved 100 or more persons and its occurrence was or was being substantially furthered from outside the state where the riot occurred or would have occurred.
§1802. Arming Rioters.
(1) Offense. A person is guilty of a Class C felony if he:
(a) knowingly supplies a firearm or destructive device for use in a riot;
(b) teaches another to prepare or use a firearm or destructive device with intent that any such thing be used in a riot; or
(c) while engaging in a riot, is knowingly armed with a firearm or destructive device.
"Riot" has the meaning prescribed in section 1801.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (e) or (h) of section 201 and, with respect to offenses under subsection (1) (a), also under paragraph (j).
§1803. Engaging in a Riot.
(1) Offense. A person is guilty of a Class B misdemeanor if he engages in a riot, as defined in section 1801.
(2) Attempt, Solicitation and Conspiracy; Presence. The provision of section 1801(2) are applicable to attempt, solicitation and conspiracy to commit an offense under this section. Mere present at a riot is not an offense under this section.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraph (a) of section 201.
§1804. Disobedience of Public Safety Orders Under Riot Conditions.
(1) Offense. A person is guilty of an infraction if during a riot, as defined in section 1801, or when one is immediately impending, he disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder, or promote the safety of persons or property, issued by an official having supervisory authority over at least ten persons in the police, fire, military or other forces concerned with the riot.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraph (a) of section 201.
§1805. Mutiny on a Vessel.
(1) Offense. A person is guilty of an offense if by force, threat of force or deception, he
usurps command of a vessel. The offense or attempt to commit the offense is a Class B felony if the vessel is on the high seas, and otherwise is a Class C felony.
(2) Jurisdiction. There is federal jurisdiction. over an offense defined in this section under paragraphs (a) or (1) of section 201.
§1811. Supplying Firearms, Ammunition, Destructive Devices or Explosives for Criminal Activity.
(1) Offense. A person is guilty of a Class C felony if he:
(a) knowingly supplies a firearm, ammunition therefor, destructive device or explosive to a person who intends to commit a crime of violence or intimidation with the aid thereof or while armed therewith; or
(b) procures or receives the same with like intent.
(2) Definition. In this section “crime of violence or intimidation” means such a crime defined in sections 1501 to 1521, and such a crime defined in Chapters 16 to 17 of this Code when the offense is a felony.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a) or (j(+) of section 201. Commission of an offense defined in this section shall not be a basis for application of section 201(b) to confer federal jurisdiction over commission of another offense except where the offense defined in this section involves a destructive device or explosive and the other offense is one defined in sections 1601 to 1603, 1611 and 1612.
§1812 Illegal Firearms, Ammunition or Explosive Materials Business.
(1) Offense. A person is guilty of an offense if he knowingly supplies a firearm, ammunition or explosive material to, or procures or receives a firearm, ammunition or explosive material fo a person prohibited by the regulatory law from receiving it.
(2) Definitions. In this section:
(a) "firearms" has the meaning prescribed in section ‑- of the regulatory law;
(b) "explosive material" has the meaning prescribed in section-‑of the regulatory law;
(c) "ammunition" has the meaning prescribed in section ‑- of regulatory law; and
(d) "regulatory law" means Chapter‑‑ of this Code any rules or regulations issued
pursuant thereto.
(3) Grading. The offense is a Class C felony if the actor;
(a) was not licensed or otherwise authorized by law to handle, transfer or engage in transactions with respect to the firearm, destructive device or explosive material; or
(b) engaged in the forbidden transaction under circumstances manifesting his readiness to supply or procure on other occasions in disregard of lawful restrictions.
Otherwise the offense is a Class A misdemeanor.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (g) or (j) of section 201, or when a licensee under the regulatory law engages in the conduct. Commission of an offense defined in this section shall not be a basis for application of section 201(b) to confer federal jurisdiction over commission of another offense.
§1813 Trafficking In and Receiving Limited‑Use Firearms.
(1) Offense. A person is guilty of a Class C felony if he:
(a) traffics in limited‑use firearms in violation of the regulatory law; or
(b) receives a limited‑use firearm with knowledge that it is being transferred to him in violation of the regulatory law.
(2) Definitions. In this section:
(a) "traffics" means:
(i) transfers to another person;
(ii) possesses with intent to transfer to another person;
(iii) makes or manufactures; or
(iv) imports or exports;
(b) "limited‑use firearm" has the meaning prescribed for firearm" in the regulatory law; and
(c) "regulatory law" means Chapter 53 of Title 26, United States Code, Chapter -- of this Code and any rules and regulations issued pursuant thereto.
(3) Jurisdiction. Commission of an offense defined in this section shall not be a basis for application of section 201(b) to confer federal jurisdiction over the commission of another offense.
§1814 Possession of Explosives and Destructive Devices in Buildings.
A person is guilty of a Class A misdemeanor if he possesses an explosive or destructive device in a federal government building without the written consent of the government agency or person responsible for the management of such building. "Federal government building" means a building which is owned, possesses, or used by or leased to the United States.
§1821. Classification of Drugs.
For purposes of sections 1821 to 1829 and unless modified by the Attorney General in accordance with this section, "dangerous drug," "abusable drug," and "restricted drug" have the meanings prescribed in section 1829. The Attorney General is authorized to classify and reclassify any "controlled substance" as defined in section 102 of the regulatory law within one of these three classifications, in accordance with the factors set forth in section 201 of the regulatory law. In making such classifications and reclassifications, the Attorney General shall follow the procedure prescribed in section 201 of the regulatory law. Culpability with respect to classification is not required.
§1822Trafficking in Dangerous and Abusable Drugs.
(1) Class B Felony Trafficking. A person is guilty of a Class B if, except as authorized by the regulatory law, he knowingly sells a dangerous drug for resale or traffics in a dangerous drug in a quantity in excess of that established from time to time by the Attorney General, in accordance with the procedure prescribed in section 201 of the regulatory law, as indicative of trafficking for resale.
(2) Class C Felony Trafficking. A person is guilty of an offense if, except as authorized by the regulatory law, he knowingly traffics in a dangerous or abusable drug. The offense is a Class C felony unless subsection (3) applies.
(3) Misdemeanor Trafficking. Trafficking in a dangerous or abusable drug shall be a Class A misdemeanor if:
(a) the defendant did not act for profit or to further commercial distribution; and
(b) the defendant did not transfer or otherwise dispose of a dangerous or abusable drug to a child under eighteen or facilitate such transfer or other disposition, or, if the defendant did engage in such conduct, he was less than five years older than the child.
The special classification provided in this subsection shall apply if the defendant is charged with trafficking under this subsection or if, at sentencing, the required factors are established by a preponderance of the evidence.
§1823 Trafficking in Restricted Drugs.
(1) Class A Misdemeanor Trafficking. A person is guilty of an offense if, except as authorized by the regulatory law, he knowingly traffics in a restricted drug. The offense is a Class A misdemeanor unless subsection (2) applies.
(2) Class B Misdemeanor Trafficking. Trafficking in a restricted drug shall be a Class B misdemeanor if the defendant did not act for profit or to further commercial distribution. The classification provided in this subsection shall apply if the defendant is charged with trafficking under this subsection or if, at sentencing, the required factors are established by a preponderance of the evidence.
(3) Trafficking For Own Use. It is an affirmative defense to a prosecution under this section that the defendant did not transfer or intend to transfer or otherwise dispose of the drug to another person.
§1824 Possession Offenses.
A parson is guilty of an offense if, except as authorized by the regulatory law, he knowingly possesses a usable quantity of a dangerous or abusable drug. If the drug is a dangerous drug, the offense is a Class A misdemeanor. If the drug is an abusable drug other than marihuana, the offense is an infraction upon a first offense, a Class B misdemeanor if it is the second conviction of the defendant for trafficking in or possessing a dangerous or abusable drug, and a Class A misdemeanor if it is the third or subsequent conviction of the defendant for such trafficking or possessing. If the drug is marihuana, the offense is an infraction.
[A person is guilty of a Class A misdemeanor if, except as authorized by the regulatory law, he knowingly possesses a usable quantity of a dangerous or abusable drug.]
§1825 Authorization a Defense Under Sections 1822 to 1824.
In a prosecution under sections 1822 to 1824 authorization, in fact, by the regulatory law is a defense.
§1826 Federal Jurisdiction Over Drug Offenses.
Federal jurisdiction over an offense defined in sections 1822 to 1824 extends to any such offense committed anywhere within the United States or the special maritime or territorial jurisdiction, as defined in section 210, pursuant to the powers of Congress to regulate commerce and under the findings of Congress expressed in section 101 of the regulatory law.
§1827 Suspended Entry of Judgment.
(1) Authority of the Court. Except as provided in subsection (3), whenever a court is authorized to enter a conviction for an offense under sections 1822 to 1824 which is not a felony, it may, without entering a judgment of guilty and with the consent of the defendant, defer further proceedings and place the defendant on probation on accordance with Chapter 31. Upon violation of a condition of probation, the court shall discharge the defendant and proceed as provided in section 3103(4). Upon satisfactory completion of the term of probation, the court shall discharge the defendant and dismiss the proceedings against him.
(2) Consequences of Discharge. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction of an offense for any purpose.
(3) Exclusions. This section does not apply to any person who has previously been convicted of a drug crime or who has previously had a judgment against him suspended under this section.
§1829. Definitions for Sections 1821 to 1829.
In sections 1821 to 1829:
(a) "traffics" means:
(i) (A) transfers or otherwise disposes of a drug to another person;
(B) prescribes a drug not in the course of professional practice;
(C) possesses a drug with intent to transfer or otherwise dispose of it to another
person;
(ii) manufactures a drug; or
(iii) imports a usable quantity of a drug into the United States, or exports a usable quantity of a drug from the United States. "Imports" includes landing in the United States or receiving at the place where it was landed in the United States or from a person who brought it from the place where it was landed in the United States a usable quantity of a drug imported into the United States and landed in the United States;
(b) unless modified by the Attorney General in accordance with section 1821, "dangerous drug" means:
(i) any substance classified as a Schedule I or Schedule 11 controlled substance under section 202 of the regulatory law except a material, compound, or preparation which contains any quantity of marihuana or peyote and does not contain a dangerous drug;
(ii) any material, compound, or preparation in a form not primarily adapted for oral use which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
(A) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B) phenmetrazine and its salts;
(C) any substance which contains any quantity of methamphetamine, including its
salts, isomers, and salts of isomers;
(D) methylphenidate;
(iii) any cannabis preparation;
(e) unless modified by the Attorney General in accordance with section 1821, "abusable drug" means,:
(i) any substance classified as a Schedule III or Schedule IV controlled substance under section 202 of the regulatory law except as provided in paragraph (b)(ii) of this section;
(ii) marihuana;
(iii) peyote;
(d) unless modified by the Attorney General in accordance with section 1821, "restricted drug" means any substance classified as a Schedule V controlled substance under section 202 he regulatory law;
(e) "cannabis preparation" means the separated resin, whether crude or purified, obtained from marihuana or from the mature stalks of any plant of the genus cannabis; any preparation, compound, or derivative of the resin; or any tincture of marihuana; but it does not include fiber produced from the mature stalks of any plant of the genus cannabis, oil or cake made from the seeds of the plant, or any other preparation, compound, or derivative of the mature stalks (except separated resin) or of the fiber, oil, or cake;
(f) "marihuana" means all parts, including the seeds, of any plant of the genus cannabis, whether growing or not; but does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any preparation, compound, or derivative of the stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable germination;
(g) "regulatory law" means the Comprehensive Drug Abuse Prevention and Control Act of 1970.
§1831 Illegal Gambling Business.
(1) Offense. A person is guilty of an offense if he engages or participates in the business of
gambling, unless, as provided in subsection (2), it was legal in all places in which it was carried
on. Without limitation, a person shall be deemed to be engaged in the business of gambling if he:
(a) conducts a wagering pool or lottery;
(b) receives wagers for or on behalf of another person;
(c) alone or with others, owns, controls, manages or finances a gambling business;
(d) knowingly leases or otherwise permits a place to be regularly used to carry on a
gambling business;
(e) maintains for use on any place or premises occupied by him a coin‑operated
gaming device, as defined in 26 U.S.C. §462; or
(f) is a public servant who shares in the proceeds of a gaming business whether by way of a bribe or otherwise.
(2) Defense. It is a defense to a prosecution under this section that the gambling business was legal in all places in which it was carried on. The place in which a gambling business is carried on includes any place from which a customer places a wager with or otherwise patronizes the gambling business, as well as the place in which the wager is received.
(3) Grading. The offense is a Class C felony if:
(a) the defendant employed or utilized three or more persons to carry on the gambling business;
(b) the defendant, or the gambling business or part thereof which he owned, controlled, managed or financed, accepted, wagers in excess of $2,000 in a single day;
(c) the defendant received lay‑off wagers or otherwise provided reinsurance or wholesaling functions in relation to persons engaged in a gambling business; or
(d) a public servant was bribed in connection with the gambling enterprise.
Otherwise the offense is a Class A misdemeanor.
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (e) or (h) of section 201, or when any gambling device, as defined in section 1832, in the commission of the offense, moves across a state boundary.
§1832. Protecting State Antigambling Policies.
(1) Offense. A person is guilty of a Class A misdemeanor if he knowingly carries or sends any gambling device into a state from any place outside such state.
(2) Defenses. This section shall not apply to:
(a) a gambling device carried or sent into a state, or any part thereof, where such gambling was legal, or en route to such place;
(b) any carriage in the usual course of business by a common or public contract carrier;
(c) any newspaper or similar publication; or
(d) any ticket or other embodiment of the claim of a player or bettor which was
carried or sent by him.
Inapplicability under this subsection is a defense.
(3) Definition of "Gambling Device". In this section "gambling device" means:
(a) any device covered by 15 U.S.C. §1171 and not excluded by subsections (2) and (3) of 15 U.S.C. §1178; or
(b) any record, paraphernalia, ticket, certificate, bill, slip, token, writing, scratch sheet, or other means of carrying on bookmaking, wagering pools, lotteries, numbers, policy, bolita or similar game.
§1841 Promoting Prostitution.
(1) Offense. A person is guilty of an offense if he:
(a) operates a prostitution business or a house of prostitution;
(b) induces or otherwise intentionally causes another to become engaged in sexual activity as a business; or
(c) knowingly procures a prostitute for a prostitution business or a house of prostitution.
(2) Grading. The offense is a Class C felony if it is under paragraphs (b) or (c) of subsection (1), or if it is under paragraph (a) and the actor owns, controls, manages or otherwise supervises the prostitution business or house of prostitution.
Otherwise the offense is a Class A misdemeanor.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (e) or (h) of section 201.
§1842. Facilitating Prostitution.
(1) Offense. A person is guilty of an offense if he:
(a) knowingly solicits a person to patronize a prostitute;
(b) knowingly procures a prostitute for a patron;
(c) knowingly leases or otherwise permits a place controlled by the actor, alone or in association with others, to be regularly used for prostitution, promoting prostitution, or facilitating prostitution, or fails to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means;
(d) knowingly induces or otherwise intentionally causes another to remain a prostitute. A person who is supported in whole or substantial part by the proceeds of prostitution, other than the prostitute or the prostitute's minor child or a person whom the prostitute is required by law to support, is presumed to be knowingly inducing or intentionally causing to another to remain a prostitute.
(2) Grading. The offense is a Class C felony if the actor intentionally causes another to remain a prostitute by force or threat, or the prostitute is the actor's wife, child or ward or a person for whose care, protection or support he is responsible, or the prostitute is, in fact, less than sixteen years old. Otherwise it is a misdemeanor.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraph (a) of section 201 or when the offense occurs within such reasonable distance of any military or naval camp, station, fort, post, yard, base, cantonment, training or mobilization place as the Secretary of Defense shall determine to be needful to the efficiency, health, and welfare of the Army, the Navy, or the Air Force, and shall designate and publish in general orders or bulletins.
§1843 Prostitution.
(1) Offense. A person is guilty of prostitution, a Class B misdemeanor, if he or she:
(a) is an inmate of a house of prostitution or is otherwise engaged in sexual activity
as a business; or
(b) solicits another person with the intention of being hired to engage in sexual
activity.
(2) Jurisdiction. Federal jurisdiction over an offense defined in this section is the same as prescribed for section 1842.
§1848. Testimony of Spouse in Prostitution Offenses.
Testimony of a person against his or her spouse shall be admissible prove offenses under sections 1841 to 1843 involving that person’s prostitution.
§1849. Definitions for Sections 1841 to 1819.
In sections 1841 to 1849:
(a) "sexual activity" means sexual intercourse, deviate sexual intercourse, or sexual contact as defined in section 1649;
(b) a "prostitution business" is any business which derives funds from prostitution regularly carried on by a person under the control, management or supervision of another;
(c) a "house of prostitution" is any place where prostitution is regularly carried on by a person under the control, management or supervision of another;
(d) a "prostitute" is a person who engages in sexual activity for hire;
(e) an "inmate" is a prostitute who acts as such in or through the agency of a house of prostitution.
§1851. Disseminating Obscene Material.
(1) Offense. A person is guilty of an offense if he disseminates obscene material, or if he produces, transports, or sends obscene material with intent that it be disseminated. "Disseminate” means sell, lease, advertise, broadcast, exhibit, or distribute.
(2) Defenses. It is a defense to a prosecution under this section that dissemination was restricted to:
(a) institutions or persons having scientific, education, governmental or other similar justification for possessing obscene material; or
(b) noncommercial dissemination to personal associates of the actor [; or
(c) dissemination carried on in such a manner as, in fact, to minimize risk of exposure to children under eighteen or to persons who had no effective opportunity to choose not to be exposed].
(3) Grading. The offense is a Class C felony if dissemination is carried on in reckless disregard of risk of exposure to children under eighteen or to persons who had no effective opportunity to choose not to be so exposed. Otherwise the offense is a Class A misdemeanor. [The offense is a Class A misdemeanor.]
(4) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (e) or (f) of section 201.
§1852. Indecent Exposure.
(1) Offense. A person is guilty of a Class A misdemeanor if, with intent to arouse or gratify the sexual desire of any person, including the actor, he exposes his genitals or performs any other lewd act under circumstances in which, in fact, his conduct is likely to be observed by a person who would be offended or alarmed.
(2) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraph, (a) of section 201.
§1861. Disorderly Conduct.
(1) Offense. A person is guilty of an offense if, with intent to harass, annoy or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed or alarmed by his behavior, he:
(a) engages in fighting, or in violent, tumultuous or threatening behavior;
(b) makes unreasonable noise;
(c) in a public place, uses abusive or obscene language, or makes an obscene gesture;
(d) obstructs vehicular or pedestrian traffic, or the use of a public facility;
(e) persistently follows a person in or about a public place or places;
(f) while loitering in a public place for the purpose of soliciting sexual contact, he solicits such contact; or
(g) creates a hazardous, physically offensive, or seriously alarming condition by any act which serves no legitimate purpose.
(2) Grading. The offense is a Class B misdemeanor if the defendant's conduct violates subsection (1)(f). Otherwise it is an infraction.
(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraph (a) of section 201.
(4) Complaint by Member of the Public Required. Prosecution under paragraphs (c), (e) and (f) of subsection (1) shall be instituted only upon complaint to a law enforcement officer by someone other than a law enforcement officer.
Part C. The Sentencing System
Chapter 30. General Sentencing Provisions
§3001. Authorized Sentences.
(1) In General. Every person convicted of an offense against the United States shall be sentenced in accordance with the provisions of this Chapter. The term "court", as used in Part C of this Code, includes magistrates to the extent of their power as provided elsewhere by law.
(2) Felonies and Misdemeanors. Every person convicted of a felony or a misdemeanor shall be sentenced to one of the following alternatives:
(a) probation, a split sentence or unconditional discharge authorized by Chapter 31;
(b) a term of imprisonment as authorized by Chapter 32; or
(c) a fine as authorized by Chapter 33. A fine authorized by Chapter 33 may be imposed in addition to a sentence to probation or to a term of imprisonment.
(3) Infractions. Every person convicted of an infraction shall be sentenced to one of the following alternatives:
(a) probation or unconditional discharge as authorize Chapter 31; or
(b) a fine as authorized by Chapter 33. A fine authorized by Chapter 33 may be imposed in addition to a sentence to probation.
(4) Organizations. Every organization convicted of an of offense against the United States shall be sentenced to one of the following alternatives:
(a) probation or unconditional discharge as authorize by Chapter 31;
(b) a fine as authorized by Chapter 33; or
(c) the special sanction authorized by section 3007.
A fine authorized by Chapter 33 or the special sanction authorized by section 3007 or both may be imposed in addition to a sentence to probation.
(5) Civil Penalties. This Chapter shall not be construed to deprive the courts of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, require forfeiture of a disqualification from office or position, or impose other civil penalty. An appropriate order exercising such authority may be included as part of the judgment of conviction.
[(6) Reduction in Class. If the court, having regard to the nature and circumstances of the offense of which the defendant was found guilty and to the history and character of the defendant, concludes that it would be unduly harsh to enter a judgment of conviction for that class of offense, the court may enter a judgment of conviction for the next lower class of offense and impose sentence accordingly.]
§3002. Classification of Offenses.
(1) Felonies. Felonies are classified for the purpose of sentence into the following three categories:
(a) Class A felonies;
(b) Class B felonies; and
(c) Class C felonies.
(2) Misdemeanors. Misdemeanors are classified for the purpose of sentence into the following two categories:
(a) Class A misdemeanors; and
(b) Class B misdemeanors.
(3) Infractions. Infractions are not further classified.
§3003. Persistent Misdemeanants.
(1) Criterion. A defendant convicted of a Class A misdemeanor may be sentenced as though convicted of a Class C felony if the court is satisfied that there is an exceptional need for rehabilitative or incapacitative measures for the protection of the public, in view of the fact that this is the third conviction against the defendant within five years for Class A misdemeanors or more serious crimes.
(2) Computation of Prior Crimes. The second crime to be counted must have been committed after defendant was sentenced for the first crime to be counted and the misdemeanor for which defendant is being sentenced under this section must have committed after defendant was sentenced for the second crime to be counted.
(3) Reasons. The court shall set forth in detail the reasons for its action whenever the sentence authorized in subsection (1) is imposed.
§3004. Presentence Commitment for Study.
In cases where a term of imprisonment of more than one year is authorized and the court is of the opinion that imprisonment presently appears to be warranted but desires more detailed information as a basis for determining the appropriate sentence than has been provided by the presentence report, the court may commit a convicted defendant to the custody of the Bureau of Corrections for a period not exceeding 90 days. The Bureau shall conduct a complete study of the defendant during that time, inquiring into such matters as the defendant's previous delinquency or criminal experience, his social background, his capabilities, his mental, emotional and physical health, and the rehabilitative resources or programs which may be available to suit his needs. By the expiration of the period of commitment, or by the expiration of such additional time as the court shall grant, not exceeding a further period of 90 days, the defendant shall be returned to the court for final sentencing and the court shall be provided with a written report of the results of the study, including whatever recommendations the Bureau believes will be helpful to a proper resolution of the case. An order committing a defendant under this section shall be a provisional sentence to imprisonment for the maximum term authorized by Chapter 32. After receiving the report and the recommendations, the court shall proceed finally to sentence the defendant in accordance with the sentencing alternatives available under section 3001.
§3005 Resentences.
(1) Increased Sentences. Where a conviction has been set aside on direct review or collateral attack, the court shall not impose a new sentence for the same offense or for a different offense based on the same conduct, which is more severe than the prior sentence less the portion of the prior sentence previously satisfied, unless the court concludes that a more severe sentence is warranted by conduct of the defendant occurring subsequent to the prior sentence.
(2) Reasons. The court shall set forth in detail the reasons for its action whenever a more severe sentence is imposed i resentencing..
§3006. Classification of Crimes Outside This Code.
If the maximum imprisonment authorized for a federal offense defined outside this Code exceeds 30 days, the offense shall be a Class A misdemeanor; if such imprisonment is 30 days or less, a Class B misdemeanor; if there is no such imprisonment, an infraction. Notwithstanding the classification provided in this section, the term of imprisonment imposed shall not exceed the maximum authorized by the statute defining the offense, and the offense shall not be deemed a crime if the statute defining the offense provides that it is not a crime.
§3007. Special Sanction for Organizations.
When an organization is convicted of an offense, the court may require the organization to give notice of its conviction to the persons or class of persons ostensibly harmed by the offense, by mail or by advertising in designated areas or by designated media or otherwise.
[§3007. Special Sanction for Organizations.
When an organization is convicted of an offense, the court may require the organization to give appropriate publicity to the conviction by notice to the class or classes of persons or sector of the public interested in or affected by the conviction, by advertising in designated areas or by designated media or otherwise.]
§3101. Criteria for Utilizing Chapter.
(1) Eligibility. A person who has been convicted of a federal offense may be sentenced to probation or unconditional discharge as provided in this Chapter.
(2) Criteria. The court shall not impose a sentence of imprisonment upon a person unless, having regard to the nature and circumstances of the offense and to the history and character of the defendant, it is satisfied that imprisonment is the more appropriate sentence for the protection of the public because:
(a) there is undue risk that during a period of probation the defendant will commit
another crime;
(b) the defendant is in need of correctional treatment that can most effectively be provided by a sentence to imprisonment under Chapter 32; or
(c) a sentence to probation or unconditional discharge will unduly depreciate the seriousness of the defendant's crime, or undermine respect for law.
(3) Factors to be Considered. The following factors, or the converse thereof where appropriate, while not controlling the discretion of the court, shall be accorded weight in making determinations called for by subsection (2):
(a) the defendant's criminal conduct neither cause nor threatened serious harm to another person or his property;
(b) the defendant did not plan or expect that his criminal conduct would cause or threaten serious harm to another person or his property;
(c) the defendant acted under strong provocation;
(d) there were substantial grounds which, though insufficient to establish a legal
defense, tend to excuse or justify the defendant's conduct;
(e) the victim of the defendant's conduct induce or facilitated its commission;
(f) the defendant has made or will make restitution or reparation to the victim of his conduct for the damage or injury which was sustained;
(g) the defendant has no history of prior delinquency or criminal activity, or has led
a law‑abiding life for a substantial period of time before the commission of the present offense;
(h) the defendant's conduct was the result of circumstances unlikely to recur;
(i) the character, history and attitudes of the defendant indicate that he is unlikely to commit another crime;
(j) the defendant is particularly likely to respond affirmatively to probationary treatment;
(k) the imprisonment of the defendant would entail undue hardship to himself or his dependents;
(1) the defendant is elderly or in poor health;
(m) the defendant did not abuse a public position of responsibility or trust; and
(n) the defendant cooperated with law enforcement authorities by bringing other offenders to justice, or otherwise.
Nothing herein shall be deemed to require explicit reference to these factors in a presentence report or by the court at sentencing.
§3102. Incidents of Probation.
(1) Periods. Unless terminated as provided in subsection (2), the periods during which a sentence to probation shall remain conditional and be subject to revocation are:
(a) for a felony, 5 years;
(b) for a misdemeanor, 2 years;
(c) for an infraction, 1 year.
(2) Early Termination. The court may terminate a period of probation and discharge the defendant at any time earlier than that provided in subsection (1) if warranted by the conduct of the defendant and the ends of justice.
(3) Final Judgment. Notwithstanding the fact that a sentence to probation can subsequently be modified or revoked, a judgement which includes such a sentence shall constitute a final judgement for all other purposes.
§3103. Conditions of Probation; Revocation.
(1) In General. The conditions of probation shall be such as the court in its discretion deems reasonably necessary to insure that the defendant will lead a law‑abiding life or to assist him to do so. The court shall provide as an explicit condition of every sentence to probation that the defendant not commit a offense during the period for which the sentence remains subject to revocation.
(2) Appropriate Conditions. When imposing a sentence to probation, the court may, as a condition of the sentence, require that the defendant:
(a) work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip him for suitable employment;
(b) undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose;
(c) attend or reside in a facility established for the instruction, recreation or residence of persons on probation;
(d) support his dependents and meet other family responsibilities;
(e) make restitution or reparation to the victim of his conduct for the damage or injury which was sustained. When restitution or reparation is a condition of the sentence, the court shall fix the amount thereof, which shall not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance;
(f) pay a fine authorized by Chapter 33;
(g) refrain from possessing a firearm, destructive device or other dangerous weapon unless granted written permission by the court or probation officer;
(h) refrain from excessive use of alcohol, or any use of narcotics or of another dangerous or abusable drug without a prescription;
(i) report to a probation officer at reasonable times as directed by the court or the probation officer;
(j) permit the probation officer to visit him at reasonable times at his home or elsewhere;
(k) remain within the jurisdiction of the court, unless granted permission to leave by the court or the probation .officer;
(l) answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment;
(m) satisfy any other conditions reasonably related to his rehabilitation.
(3) Certificate. When a defendant is sentenced to probation, he shall be given a certificate explicitly setting forth the conditions on which he is being released.
(4) Modification; Revocation. The court may modify or enlarge the conditions of a sentence to probation at any time prior to the expiration or termination of the period for which the sentence remain conditional. If the defendant violates a condition at any time nor to the expiration or termination of the period, the court may continue him on the existing sentence, with or without modifying enlarging the conditions, or, if such continuation, modification enlargement is not appropriate, may impose any other sentence that was available under section 3001 at the time of initial sentencing.
(5) Transfer to Another District. Jurisdiction over a probationer may be transferred from the court which imposed the sentence to the court for any other district, with the concurrence of both courts. Retransfers of jurisdiction may also occur in the same manner. The court to which jurisdiction has been transferred under this subsection shall be authorized to exercise all powers permissible under this Chapter over the defendant.
§3104. Duration of Probation.
(1) Commencement; Multiple Sentences. A period of probation commences on the day it is imposed. Multiple periods whether imposed at the same time or at different times, shall run concurrently. Periods of probation shall also run concurrently with any federal, state or local jail, prison or parole term for another offense to which the defendant is or becomes subject during the period.
(2) Delayed Adjudication. The power of the court to revoke a sentence to probation for violation of a condition shall extend for the duration of the period provided in section 3102 and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration, provided that some affirmative manifestation of an intent to conduct a revocation hearing occurs prior to the expiration of the period and the period and that every reasonable effort is made to notify the probationer and to conduct the hearing prior to the expiration of the period.
§3105. Unconditional Discharge.
The court may sentence a person convicted of an offense other Class A or B felony to an unconditional discharge without imprisonment, fine, conditions or probationary supervision if it is of the opinion that imposition of conditions upon the defendant’s release would not be useful. If a sentence of unconditional discharge is imposed for a crime, the court shall set forth in detail the reasons for its action.
§3106. Split Sentence.
When imposing a sentence to probation for a felony or a Class A misdemeanor, the court, in addition to imposing conditions under 3103, may as part of the sentence commit the defendant to the custody of the Bureau of Corrections at whatever time or for such intervals within the period of probation as the court shall determine. The period of commitment shall not exceed six months. Interval commitments shall not be required unless the Bureau of Corrections has certified that appropriate facilities are available. That the defendant submit to commitment imposed under this section shall be deemed a condition of probation for the purposes of section 3103(4).
Chapter 32. Imprisonment
§3201. Sentence of Imprisonment: Incidents.
(1) Authorized Terms. The authorized terms of imprisonment are:
(a) for a Class A felony, no more than 30 years;
(b) for or a Class B felony, no more than 15 years;
(c) for a Class C felony, no more than 7 years;
(d) for a Class A misdemeanor, no more than 1 year [6 months];
(e) for a Class B misdemeanor, no more than 30 days.
Such terms shall be administered as provided in Part C of this Code.
(2) Components of Maximum Term for Indefinite Sentence. A sentence of imprisonment of more than six months shall be an indefinite sentence. The maximum term of every indefinite sentence. imposed by the court shall include a prison component and a parole component. The parole component of such maximum term shall be (i) one‑third for terms of nine years or less; (ii) three year terms between nine and fifteen years, and (iii) five years for terms more than fifteen years; and the prison component shall be the remainder of such maximum term. If, however, the parole component so computed is less than three years, the court may increase it up to three years.
(3) Minimum Term. An indefinite sentence for a Class A or B felony shall have no minimum term unless by the affirmative action of the court a term is set at no more than one‑third of the prison component actually imposed. No other indefinite sentence shall have a minimum term. The court shall not impose a minimum term unless, having regard to the nature and circumstances of the offense and the history and character of the defendant, it is of the opinion that such a term is required because of the exceptional features of the case, such as warrant imposition of a term in the upper range under section 3202. The court shall set forth its reasons in detail. Except in the most extraordinary cases, the court shall obtain both a presentence report and a report from the Bureau of Corrections under section 3004 before imposing a minimum term.
(4) Minimum Term; Alternative; Further Powers. In lieu of imposing a minimum term, the court may make a recommendation to the Board of Parole as to when the defendant should first considered for parole. The court shall not recommend a parole eligibility date which is beyond the time when the court could have fixed a minimum term under subsection (3). The court shall have the authority to reduce an imposed minimum tern to time served upon motion of the Bureau of Corrections made at any time, upon notice to the United States Attorney.
§3202. Upper‑Range Imprisonment for Dangerous Felons.
(1) Authorization. The maximum term for a felony shall not be set at more than 20 years for a Class A felony, 10 years for a Class B felony or 5 years for a Class C felony unless, having regard to the nature and circumstances of the offense and the history and character of the defendant as it relates to that offense, the court is of the opinion that a term in excess of these limits is required for the protection of the public from further criminal conduct by the defendant because the defendant is a dangerous special offender.
(2) Definitions. A defendant is a dangerous special offender for purposes of this section if:
(a) he has previously been convicted of two or more felonies committed on occasions different from one another and from such felony and for one or more of such conviction has been imprisoned prior to the commission of such felony, and less than five years have elapsed between the commission of such felony and either his release, on parole or otherwise from imprisonment for one such conviction or his commission of the last such previous felony; or
(b) he committed such felony as part of a pattern of criminal conduct which constituted a substantial source of his income, and in which he manifested special skill or expertise; or
(c) his mental condition is abnormal, and makes him a serious danger to the safety of others, and he committed such felony as an instance of aggressive behavior with heedless indifference to the consequences of such behavior. An offender shall not be found to be a dangerous special offender under this paragraph unless the court has obtained a report from the Bureau of Corrections under section 3004 which includes the results of a comprehensive psychiatric examination;
(d) such felony was, or he committed such felony in furtherance of, a conspiracy with three or more other person to engage in a pattern of criminal conduct and he did, or agreed that he would, initiate, organize, plan, finance, direct, manage, or supervise all or part of such conspiracy or conduct, or give or receive a bribe or use force as all or part of such conduct; or
(e) he manifested his special dangerousness by using a firearm or destructive device in the commission of the offense or flight therefrom.
A conviction shown on direct or collateral review or at the hearing to be invalid or for which the defendant has been pardoned on the ground of innocence shall be disregarded for purposes of paragraph (a),. In support of findings under paragraph (b), it may be shown that the defendant has had in his own name or under his control income or property not explained as derived from a source other than such conduct. For purposes of paragraph (b), a substantial source of income means a source of income which for any period of one year or more exceeds the minimum wage, determined on the basis of a forty‑hour week and a fifty‑week year, without reference to exceptions, under section 6(a)(1) of the Fair Labor Standards Act of 1938 (52 Stat. 1602, as amended 80 Stat.38), and as hereafter amended, for an employee engaged in commerce or in the production of goods for commerce, and which for the same period exceeds fifty percent of the defendant's declared adjusted gross income under section 62 of the Internal Revenue Act of 1954 (68A Stat. 17, as amended 83 Stat. 655), and as hereafter amended. For purposes of paragraph (b), special skill or expertise in criminal conduct includes unusual knowledge, judgment or ability, including manual dexterity, facilitating the initiation organizing, planning, financing, direction, management, supervision, execution or concealment of criminal conduct, the enlistment of accomplices in such conduct, the escape from detection or apprehension of such conduct, or the disposition of the fruits or proceeds of such conduct. For purposes of paragraphs (b) and (c), criminal conduct forms a pattern if it embraces criminal act that have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated distinguishing characteristics and are not isolated events.
(3) Notice. Whenever an attorney charged with the prosecution of a defendant in a court of the United States for an alleged felony committed when the defendant was over the age of twenty-one years has reason to believe that the defendant is a dangerous special offender such attorney, a reasonable time before trial or :acceptance by the court of a plea of guilty or nolo contendere, may sign and file with the court, and may amend, a notice specifying that defendant is a dangerous special offender who upon conviction for such felony is subject to the imposition of a sentence under subsection (1), and setting out with particularity the reasons why such attorney believes the defendant to be a dangerous special offender. In no case shall the fact that the defendant is alleged to be a dangerous special offender be an issue upon the trial of such felony, be disclosed to the jury, or be disclosed before any plea of guilty or nolo contendere or verdict or finding of guilty to the presiding judge without the consent of the parties. If the court finds that the filing of the notice as a public record may prejudice fair consideration of a pending criminal matter, it may order the notice sealed and the notice shall not be subject to subpoena or public inspection during; pendency of such criminal matter, except on order of the court, but shall be subject to inspection by the defendant alleged to be a dangerous special offender and his counsel.
(4) Hearing. Upon any plea of guilty or nolo contender or verdict or finding of guilty of the defendant of such felony hearing shall be held, before sentence is imposed, by the court sitting without a jury. Except in the most extraordinary cases, the court shall obtain both a presentence report and a report from the Bureau of Corrections under section 3004 before holding hearing under this subsection. The court shall fix a time for the hearing, and notice thereof shall be given to the defendant and the United States at least ten days prior thereto. The court shall permit the United States and counsel for the defendant, or the defendant if he is not represented by counsel, to inspect the presentence report sufficiently prior to the hearing as to afford a reasonable opportunity for verification. In extraordinary cases, the court may withhold material not relevant to a proper sentence, diagnostic opinion which might seriously disrupt a program of rehabilitation, any source of information obtained on a promise of confidentiality, and material previously disclosed in open court. A court withholding all or part of a presentence report shall inform the parties of its action and place in the record the reasons therefor. The court may require parties inspecting all or part of a presentence report to give notice of any part thereof intended to be controverted. In connection with the hearing the defendant and the United States shall be entitled to assistance of counsel, compulsory process, and cross‑examination of witnesses as appear at the hearing. A duly authenticated copy a former judgment or commitment shall be prima facie evidence of such former judgment or commitment. If it appears by a preponderance of the information, including information submitted during the trial of such felony and the sentencing hearing and so much of the presentence report as the court relies upon, that defendant is a dangerous special offender, the court shall sentence the defendant to imprisonment for an appropriate term as specified in subsection (1). The court shall place in the record its findings including an identification of the information relied upon in making such findings, and its reasons for the sentence imposed.
§3203. Commitment to Bureau of Corrections.
(1) In General. A person sentenced to imprisonment for a felony or a misdemeanor under this Chapter or for nonpayment of a fine under Chapter 33 shall be committed for the term designated by the court to the custody of the Bureau of Corrections, which shall specify the place of confinement where the sentence shall be served.
(2) Youth Offenders. If an offender is under the age of 22 years at the time of conviction, the court as part of its sentence may recommend that he be confined and treated in facilities
established under Chapter ‑‑ for the rehabilitation of youth offenders.
(3) Narcotics Addicts. If the court determines after a study by the Bureau of Corrections under section 3004 that an offender is a narcotics addict and that he can be treated, the court as part of its sentence may recommend that he be confined and treated in facilities established under Chapter – for the rehabilitation of narcotics addicts.
§3204. Concurrent and Consecutive Terms of Imprisonment.
(1) Authority of Court. When multiple sentences of imprisonment are imposed on a person at the same time or when a imprisonment is imposed on a person who is already subject to
undischarged term of imprisonment, the sentences shall run concurrently or consecutively as determined by the court. Sentences shall run concurrently unless otherwise specified by the court.
(2) Multiple Sentences. A defendant may not be sentenced consecutively for more than one offense to the extent:
(a) one offense is an included offense of the other;
(b) one offense consists only of a conspiracy, attempt, solicitation or other form of preparation to commit, or facilitation of, the other; or
(c) the offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.
(3) Maximum Limits Where Felony Involved. The aggregate maximum of consecutive sentences to which a defendant may be subject shall not exceed the maximum term authorized by section 3201 (1) for the most serious felony involved, except that a defendant being sentenced for two or more Class C felonies may be subject to an aggregate maximum not exceeding that authorized by section 3201(1) for a Class B felony if each Class C felony was committed as part of a different course of conduct or each involved a substantially different criminal objective [and a defendant being sentenced for two or more Class B felonies may be subject to an aggregate maximum not exceeding that authorized by section 3201(1) for a Class A felony if each Class B felony committed as part of a different course of conduct or each ,involved a substantially different criminal objective].
(4) Maximum Limits for Misdemeanors. When sentenced only for misdemeanors, a defendant may not be consecutively sentenced to more than one year, except that a defendant being ,sentenced for two or more Class A misdemeanors may be subject to an aggregate maximum not exceeding that authorized by section 3201(1) for a Class C felony if each Class A misdemeanor committed as part of a different course of conduct or each involved a substantially different criminal objective.
(5) Criteria and Reasons. The court shall not impose a consecutive sentence unless, having regard to the nature and circumstances of the offense and the history and character of the
defendant, it is of the opinion that such a term is required because of the exceptional features of the case, for reasons which the court shall set forth in detail.
(6) Application to Multiple Proceedings. The limitations provided in this section shall apply not only when a defendant is sentenced at one time for multiple offenses but also when a defendant is sentenced at different times for multiple offenses all of which were committed prior to the imposition of any sentence for if them. Sentences imposed both by other federal courts and by any state or local courts shall be counted in applying these limitations.
(7) Effect of Consecutive Terms. In determining the effect of consecutive sentences and the manner in which they will be served, the Board of Parole shall treat the defendant as though he has been committed for a single term which is the aggregate of the maximum terms validly imposed. Any such term longer than six months shall have the following incidents:
(a) the parole component of such single term shall b: (i) one‑third for terms of nine years
or less, except that, if one‑third of such single term is less than three years of the parole component shall be the aggregate of the parole components of the terms imposed, but no more than three years; (ii) three years for terms between nine and fifteen years, (iii) five years for terms more than fifteen years;
(b) the minimum term, if any, shall constitute the aggregate of all validly imposed minimum terms.
(8) Effect of State Sentences. Subject to any permissible cumulation of sentences explicitly authorized by this section, the Bureau of Corrections shall automatically award credit against the maximum term and any minimum term of any federal sentence for all time served in a state or local institution since the commission of the federal offense or offenses.
§3205. Calculation of Terms of Imprisonment.
(1) Commencement of Sentence. The sentence of imprisonment of any person convicted of a federal offense shall commence to run from the date on which such person is received at the institution at which the sentence is to be served.
(2) Credit. The Bureau of Corrections shall give credit toward service of the maximum term and any minimum term of a sentence to imprisonment for all time spent in custody as a result of the offense or acts for which the sentence was imposed.
(3) Other Charges. If a defendant is arrested on one charge and later prosecuted on another charge growing out of conduct which occurred prior to his arrest, the Bureau of Corrections shall give credit toward service of the maximum term and any minimum term of any sentence to imprisonment resulting from such prosecution for all time spent in custody under the former charge which has not been credited against another sentence.
Chapter 33. Fines
§3301. Authorized Fines.
(1) Dollar Limits. Except as otherwise provided for an offense defined outside this Code, a
person who has been convicted of an offense may be sentenced to pay a fine which does not exceed:
(a) for a Class A or a Class B felony, $10,000;
(b) for a Class C felony, $5,000;
(c) for a Class A misdemeanor, $1,000;
(d) for a Class B misdemeanor or an infraction, $500.
(2) Alternative Measure. In lieu of a fine imposed under section (1), a person who has been convicted of an offense through which he derived pecuniary gain or by which he caused personal injury or property damage or loss may be sentenced to a fine which does not exceed twice the gain so derived or twice the loss caused to the victim.
§3302. Imposition of Fines.
(1) Criteria. In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in vie of the financial resources of the defendant. The court shall not sentence a defendant to pay a fine in any amount which will prevent him from making restitution or reparation to the victim of the offense, or which the court is not satisfied that the defendant can pay in full within a reasonable time. The court shall not sentence the defendant to pay a fine unless:
(a) he has derived a pecuniary gain from the offense;
(b) he has caused an economic loss to the victim; or
(c) the court is of the opinion that a fine is uniquely adapted to deterrence of the type of offense involved or to the correction of the defendant.
(2) Installment or Delayed Payments. When a defendant is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine shall be payable forthwith.
(3) Nonpayment. When a defendant is sentenced to pay a fine, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid. The response of the court to nonpayment shall be determined only after the fine has not been paid, as provided in section 3304.
§3303. Remission of Fine.
A defendant who has been sentenced to pay a fine and who has paid any part thereof may at any time petition the sentencing court for a remission of the unpaid portion. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine in the amount imposed no longer exist or that it would otherwise be unjust to require payment of the fine in full, the court may remit the unpaid portion in whole or in part or may modify the method of payment.
§3304. Response to Nonpayment.
(1) Response to Default. When an individual sentenced to pay a fine defaults in the payment of the fine or in any installation, the court upon the motion of the United States Attorney or upon its own motion may require him to show cause why he should note be imprisoned for nonpayment. The court may issue a warrant of arrest or a summons for his appearance.
(2) Imprisonment; Criteria. Following an order to show cause under subsection (1), unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, the court may order the defendant imprisoned for a term not to exceed six months if the fine was imposed for conviction felony or 30 days if the fine was imposed for conviction of a misdemeanor or an infraction. The court may provide in its order that payment or satisfaction of the fine at any time will entitle the defendant to his release from such imprisonment or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of the fine.
(3) Modification of Sentence. If it appears that the default in the payment of a fine is excusable under the standards set forth in subsection (2), the court may enter an order allowing the defendant additional time for payment, reducing the amount of the fine or of each installment, or remitting the unpaid portion in whole or in part.
(4) Organizations. When a fine is imposed on an organization, it is the duty of the person or persons authorized to make disbursement of the assets of the organization, and their superiors, to pay the fine from assets of the organization. The failure o persons to do so shall render them subject to imprisonment under subsections (1) and (2).
(5) Civil Process. Nothing in this section shall be deemed to alter or interfere with employment for collection of fines of any means authorized for the enforcement of money judgments rendered in favor of the United States.
Chapter 34. Parole.
§3401 Parole Eligibility; Consideration.
(1) Eligibility. Every prisoner sentenced to an indefinite term of imprisonment shall be eligible for release on parole upon completion of the service of any minimum term or, if there is no minimum, at any time.
(2) Consideration for Parole. The Board of Parole shall consider the desirability of parole for each prisoner at least 60 days prior to the expiration of any minimum term or, if there is no minimum, at least 60 days prior to the expiration of the first year of the sentence. Following such consideration, the Board shall issue a formal order granting or denying parole. If parole is denied, the Board shall reconsider its decision at least once a year thereafter until parole is granted and shall, if parole is denied, issue a formal order at least once a year.
§3402 Timing of Parole; Criteria.
(1) In General. Except in the most extraordinary circumstances, a prisoner sentenced to a term of imprisonment, the prison component of which is three years or more, shall not be released on parole during the first year of his imprisonment. Thereafter, whenever the Board of Parole considers the parole of a prisoner who is or soon will be eligible for parole, he shall be released on parole, unless the Board is of the opinion that his release should be deferred because:
(a) there is undue risk that he will not conform to reasonable conditions of parole;
(b) his release at that time would unduly depreciate the seriousness of his crime or undermine respect for law;
(c) his release would have a substantially adverse effect on institutional discipline; or
(d) his continued correctional treatment, medical care or vocational or other training in the institution will substantially enhance his capacity to lead a law‑abiding life if he is released at a later date.
(2) Long Sentences. Whenever the Board of Parole considers the release on parole of a prisoner who has actually served the longer of five years or two‑thirds of the prison component of his sentence, he shall be released on parole, unless the Board is of the opinion that his release should be deferred because there is a high likelihood that he would engage in further criminal conduct.
(3) Mandatory Parole. A prisoner who has not been paroled prior to the expiration of the entire prison component of his sentence shall then be released on parole.
§3403. Incidents of Parole.
(1) Period of Parole. The period during which a parole shall remain conditional and be subject to revocation is the parole component of the sentence which has been imposed.
(2) Early Discharge from Supervision or Release from Conditions. The Board of Parole may discharge the parolee from supervision or release him from one or more of the conditions of parole prescribed in section 3404 (2) at any time after the expiration of one year of successful parole if warranted by the conduct of the parolee and the ends of justice.
(3) Conditions; Modifications; Revocation. Conditions of parole shall be determined as provided in section 3404. The Board of Parole may modify or enlarge the conditions of parole at any time prior to the expiration of the period for which the parole remains conditional. If the parolee violates a condition at any time prior to the expiration of the period, the Board may continue him on the existing parole, with or without modifying or enlarging the conditions, or, if such continuation, modification or enlargement is not appropriate, may revoke the parole and reimprison the parolee for a term computed in the following manner:
(a) the recommitment shall be for that portion of the maximum term which had not been served at the time of parole, less the time elapsed between the parole of the prisoner and the commission of the violation for which parole was revoked; and
(b) the prisoner shall be given credit against the term of reimprisonment for all time spent in custody since he was paroled which has not been credited against another sentence.
(4) Re‑parole. A prisoner who has been reimprisoned following parole may be re‑paroled by the Board of Parole subject to the same provisions of the statute which governed his initial parole. The total time during which the prisoner can remain subject to the jurisdiction of the Bureau of Corrections and Board of Parole can in no event exceed the maximum term imposed by the court.
§3404. Conditions of Parole.
(1) In General. The conditions of parole shall be such as the Board of Parole in its discretion deems reasonably necessary to insure that the parolee will lead a law‑abiding life or to assist him do so. The Board shall provide as an explicit condition of every parole that the parolee not commit another crime during the period for which the parole remains subject to revocation.
(2) Appropriate Conditions. As conditions of parole, the Board may require that the parolee:
(a) work faithfully at a suitable employment or faithfully pursue a course of study or of
vocational training that will equip him for suitable employment;
(b) undergo available medical or psychiatric treatment and remain in a specified institution
if required for that purpose;
(c) attend or reside in a facility established for the instruction, recreation or residence of
persons on probation or parole;
(d) support his dependents and meet other family responsibilities;
(e) refrain from possessing a firearm, destructive device or other dangerous weapon unless granted written permission by the Board or the parole officer;
(f) refrain from excessive use of alcohol, or any use of narcotics or of another dangerous or abusable drug without a prescription;
(g) report to a parole officer at reasonable times as directed by the Board or the parole officer;
(h) permit the parole officer to visit him at reasonable times at his home or elsewhere;
i) remain within the geographic limits fixed by the Board, unless granted written permission to leave by the Board or the parole officer;
(j) answer all reasonable inquiries by the parole officer and promptly notify the parole
officer of any change in address or employment;
(k) satisfy other conditions reasonably related to his rehabilitation.
(3) Certificate. When a prisoner is paroled, he shall be given a certificate explicitly setting forth the conditions on which he is being released.
§3405. Duration of Parole.
(1) Commencement; Multiple Sentences. A period of parole commences on the day the prisoner is released from imprisonment. Periods of parole shall run concurrently with any federal, state or local jail, prison or parole term for another offense to which the defendant is or becomes subject during the period.
(2) Delayed Adjudication. The power of the Board of Parole to revoke parole for violation of a condition shall extend for the duration of the period provided in section 3403 (1) and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration, provided that some a affirmative manifestation of an intent to conduct a revocation hearing occurs prior to the expiration of the period and that every reasonable effort is made to notify the parolee and to conduct the hearing prior to the expiration of the period.
§3406. Finality of Parole Determinations.
The federal court shall not have jurisdiction to review or set aside, except for the denial of constitutional rights or procedural rights conferred by statute, regulation or rule, the discretionary action of the Board of Parole regarding but not limited to the release or deferment of release of a prisoner whose maximum term has not expired, the imposition or modification of conditions of a first or subsequent parole, and the reimprisonment of a parolee for violation of parole conditions during the parole period.
Chapter 35. Disqualification from Office and Other Collateral Consequences of Conviction
§3501. Disqualification From and Forfeiture of Federal Office.
(1) Disqualification. A person convicted of a crime listed below may, as part of the sentence, be disqualified from any, or a specified, federal position or category thereof for such period as a court may determine, but no longer than five years following completion of any other sentence imposed:
(a) treason (section 1101) and the crimes affecting national security defined in sections 1102 to 1105, 1107 and 1111 to 1117;
(b) bribery and other crimes of unlawful influence upon public affairs and betrayal of public office defined in sections 1356, 1361 to 1367, 1371 and 1372;
(c) unlawful acts under color of law (section 1521);
(d) felonious theft under sections 1732 to 1735 or felonious fraud under sections 1751 to 1753 and 1756, when the subject of the offense was deposited with, entrusted to or otherwise under the control of the defendant, in his capacity as a public servant or officer of a national credit institution; or
(e) a crime expressly made subject to this section by statute.
(2) Forfeiture. A person convicted of a crime listed in subsection (1) (a) or of bribery (section 1361) shall forfeit any federal position he then holds, and a person convicted of any other crime listed in subsection (1) may, as part of the sentence, be required to forfeit such position.
(3) "Federal Position" Defined. In this section "federal position" does not include any position for which qualifications or provisions with respect to length of term or procedures for removal are prescribed by the Constitution.
§3502. Disqualification From Exercising Organization Functions.
An executive officer or other manager of an organization convicted of an offense committed in furtherance of the affairs of the organization may, as part of the sentence, be disqualified from exercising similar functions in the same or other organizations for a period not exceeding five years, if the court finds the scope or willfulness of his illegal actions make it dangerous for such functions to be entrusted to him.
§3503. Order Removing Disqualification or Disability.
The court may, in an order entered as provided in this section, relieve the defendant of any or all disqualifications and disabilities imposed by law as a consequence of conviction. The order may be made at the time of sentencing:
(a) to be effective at a specified time within five years if the sentence is unconditional discharge;
(b) to be effective otherwise upon the certification, or appropriate combination of certifications, of (i) the clerk of the court that a fine has been paid, (ii) the Probation Office that the defendant has satisfactorily completed his term of probation, (iii) the Board of Parole that the defendant has satisfactorily completed his parole, or (iv) the Bureau of Corrections that the defendant satisfactorily completed a term in prison on conviction of a misdemeanor for which parole is not authorized.
The order may be made at any time after sentence if the court is satisfied that the defendant has satisfactorily completed his sentence.
§3504. Termination of Disqualification After Five Years.
Any disqualification or disability imposed by law as a consequence of conviction terminates at the end of the first five-year period, commencing after completion of sentence, during which the defendant has not been convicted of another crime committed subsequent to the disqualifying or disabling conviction.
§3505. Effect of Removal of Disqualification.
Removal of a disqualification or disability under sections 3503 and 3504:
(a) has only prospective operation and does not require the restoration of the defendant to any office, employment or position forfeited or lost as a consequence of his conviction;
(b) does not preclude proof of the conviction as evidence of the commission of the offense, whenever the fact of its commission is relevant to the determination of an issue involving the rights or liabilities of someone other than the defendant;
(c) does not preclude consideration of the conviction for purposes of sentence if the defendant subsequently is convicted of another offense;
(d) does not preclude proof of the conviction as evidence of the commission of the offense, whenever the fact of its commission is relevant to the exercise of the discretion of a court, agency or public servant authorized to pass upon the competency of the defendant to perform a function or to exercise a right or privilege which such court, agency or public servant is empowered to deny, but in such case the court, agency or public servant shall also give due weight to the issuance of the order under section 3503 or the applicability of section 3504, as the case may be;
(e) does not preclude proof of the conviction as evidence of the commission of the offense, whenever the fact of its commission is relevant for the purpose of impeaching the defendant as a witness, but the issuance of the order under section 3503 or the applicability of section 3504, as the case may be, may be adduced for the purpose of his rehabilitation.
(f) does not apply to the federal disqualification, if any, to receive, possess or supply a firearm, destructive device or ammunition.
INTRODUCTORY COMMENT TO CHAPTER 36
Chapter 36. Life Imprisonment
§3601. Life Imprisonment Authorized for Certain Offense.
Notwithstanding the provisions of sections 3001, 3201 and 3202, the court may impose a sentence of life imprisonment or sentence up to the maximum term authorized under section 3201 for a Class A felony in the following cases:
(i) where the defendant has been convicted of treason;
(ii) where the defendant has been convicted of murder and the court is satisfied that the defendant intended to cause the death of another human being.
A sentence to life imprisonment shall have a minimum term of 10 years unless the court sets a longer minimum up to 25. The period of parole under a life sentence, for the purpose of section 3403(1), shall be the balance of the parolee's life or any lesser period fixed by the court at sentencing.
[Provisional Chapter 36. Sentence of Death or Life Imprisonment]
[§3601. Death or Life Imprisonment Authorized for Certain Offenses.
Notwithstanding the provisions of sections 3001, 3201 and 3202, if the defendant is convicted of intentional murder or treason, a sentence of death or of life imprisonment may be imposed in accordance with the provisions of this Chapter. If the sentence is life imprisonment, the court may set a minimum term up to 15 years. The period of parole under a life sentence, for the purposes of section 3403(1), shall be the balance of the parolee's life or any lesser period fixed by the court at sentencing.]
[§3602. Separate Proceeding to Determine Sentence.
(1) Court or Jury. Unless the court imposes sentence under section 3603, it shall conduct a separate proceeding to determine whether the defendant should be sentenced to death or life imprisonment. The proceeding shall be conducted before a jury unless the defendant, with the approval of the court, waives it. If a jury determined the defendant's guilt and it is not discharged by court. for good cause, the proceeding shall be conducted with that jury. Otherwise it shall be conducted with a jury empaneled hat purpose.
(2) Evidence and Instructions. In the proceeding, evidence may be presented by either party as to any matter relevant to sentence, including the nature and circumstances of the crime, defendant's character, background, history, mental and physical condition, and any aggravating or mitigating circumstance. Any such evidence, not legally privileged, which the court deems to have probative force, may be received, regardless of its admissibility under the exclusionary rules of evidence, provided that the defendant and the prosecution are accorded a fair opportunity to rebut such evidence.
(3) Verdict and Sentence. The determination whether sentence of death shall be imposed shall be in the discretion of the court, except that when the proceeding is conducted before the court sitting with a jury, the court shall not impose a sentence of death unless it submits to the jury the issue whether the defendant should be sentenced to death or life imprisonment and the jury returns a verdict that the sentence should be death. If the jury is unable to reach a unanimous verdict, the court shall impose a sentence of life imprisonment.]
[§3603. Death Sentence Excluded.
The court shall impose a sentence of life imprisonment if it is satisfied that:
(a) the defendant was less than eighteen years old at the time of the commission of the crime;
(b) the defendant's physical or mental condition calls for leniency;
(c) although the evidence suffices to sustain the verdict, it des not foreclose all doubt respecting the defendant's guilt; or
(d) there are other substantial mitigating circumstances which render sentence of death unwarranted.]
[§3604. Criteria for Determination.
(1) Consideration of Aggravating and Mitigating Circumstances. In deciding whether a sentence of death should be imposed, the court and the jury, if any, may consider the mitigating aggravating circumstances set forth in the subsections below.
(2) Mitigating Circumstances. In the cases of both treason and murder the following shall be mitigating circumstances:
(a) the crime was committed while the defendant was under he influence of extreme mental or emotional disturbance.
(b) the defendant acted under unusual pressures or influences or under the domination of another person.
(c) at the time of the offense, the capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect or intoxication.
(d) the defendant was young at the time of the offense.
(e) the defendant was an accomplice in the offense committed by another person and his participation was relatively minor.
(f) the offense was committed under circumstance which the defendant believed to provide a moral justification or extenuation, plausible, in fact, by ordinary standards of morality, for his conduct.
(g) the defendant has no significant history of prior criminal activity.
(3) Aggravating Circumstances (Treason). In the case of treason, the following shall be aggravating circumstance:
(a) the defendant knowingly created a great risk of death to another person or a great risk of substantial impairment of national security.
(b) the defendant violated a legal duty concerning protection of the national security.
(c) the defendant committed treason for pecuniary gain.
(4) Aggravating Circumstances (Murder). In the case of murder, the following shall be aggravating circumstances:
(a) the defendant was previously convicted of another murder or a felony involving the use or threat of violence to the person, or has a substantial history of serious assaultive terrorizing criminal activity.
(b) at the time the murder was committed the defendant also committed another murder.
(c) the defendant knowingly created a great risk of death to at least several persons.
(d) the murder was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing or attempt: to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnaping, usurping control of an aircraft, espionage or sabotage.
(e) the murder was committed for pecuniary gain.
(f) the murder was especially heinous, atrocious or cruel, manifesting exceptional
depravity.
(g) the murder was of a law enforcement officer, or a public servant having custody of the defendant or another, to prevent or on account of the performance of his official duties.
(h) the murder was of the President, Vice. President, President‑elect or Vice President‑elect of the United States.
Table I
DISPOSITION OF TITLE 18 PROVISIONS
Explanatory Note:
The first column below lists sections of existing Title 18, mostly in Part I‑Crimes, all of which would be replaced by enactment of the Final Report provisions. The second column indicates the disposition of those sections: either the Final Report section or sections which are considered to cover the substance of all or the various parts of an existing provision or the Title of the United States Code to which it posed that all or part of an existing provision be transferred. The difference between existing Title 18 and the Final Report in approaches to defining crimes makes the disposition somewhat complex in some cases. In such cases this table provides only clues to disposition; for explanation and discussion one must look to the Final Report comment regarding the sections referred to, or to the relevant pages of the Working Papers. Note that offenses to be transferred from Title 18 can be classified no higher than a Class A misdemeanor (§ 3006) and may, in lieu of such classification, be made subject to the regulatory offense provision (§ 1006).
It should be borne in mind, particularly when considering the disposition of an offense with severe penalties into one or more minor offenses, that two bases for federal jurisdiction significantly expand the coverage of all provisions defining federal offenses. One, the so-called "piggyback" base (§ 201(b)), establishes federal jurisdiction over virtually all offenses against persons or property when committed in the course of committing another federal offense defined in this Code. The other (§ 202) establishes federal jurisdiction over an included offense where there is federal jurisdiction over the inclusive offense.
|
Title 18 Sections |
Proposed Code Sections and Other Titles Involved |
|
Ch. 1 General Provisions |
|
|
1 |
109 (j), (s), (z), (ab) |
|
2 |
401 |
|
3 |
1303-04 |
|
4 |
1303 |
|
5 |
109 (am) |
|
6 |
109 (n) |
|
7 |
210 |
|
8 |
1754 (j) |
|
9 |
210 |
|
10 |
219 (a), (b) |
|
11 |
109 (m), 1112 (4) (c), 1201 (2) (a) |
|
12 |
Title 39 |
|
13 |
209 |
|
14 |
211 |
|
15 |
1754 (b), (k) |
|
Ch. 2. Aircraft and Motor Vehicles |
|
|
31 |
--- |
|
32 |
1611-13, 1701-09 |
|
33 |
1611-13, 1701-09 |
|
34 |
1601-09 |
|
35 |
1354, 1614 |
|
Ch. 3. Animals, Birds, Fish, and Plants |
|
|
41 |
1705; Title 16 |
|
42 |
1411; Title 16 |
|
43 |
1411; Title 16 |
|
44 |
Title 16 |
|
45 |
1705; Title 16 |
|
46-47 |
Title 16 |
|
Ch. 5. Arson |
|
|
81 |
1701 |
|
Ch. 7. Assault |
|
|
111 |
1301-02, 1367, 1611-14, 1616-18, 1631-33 |
|
112 |
1611-14, 1616-18, 1631-33 |
|
113 |
1001, 1611-14, 1616-18 |
|
114 |
1612 |
|
Ch. 9. Bankruptcy |
|
|
151 |
1756 (3) |
|
152 |
1321, 1351-52, 1356, 1361, 1732, 1756 |
|
153 |
1732, 1737 |
|
154-155 |
Title 11 |
|
Ch. 11. Bribery, Graft, and Conflicts of Interest |
|
|
201 |
1321, 1361-63, 1732, 1741 (k), 3501 |
|
202 |
Title 5 |
|
203 |
1362, 1365; Title 5 |
|
204 |
Title 5 |
|
205 |
1363, 1365; Title 5 |
|
206 |
Title 5 |
|
207-09 |
1372; Title 5 |
|
210 |
13611364 |
|
211 |
1361, 1364-65; Title 5 |
|
212-16 |
1758; Title 12 |
|
217 |
1361-63 |
|
218 |
3301 (2); Title 5 |
|
219 |
1206; Title 5 |
|
224 |
1757 |
|
Ch. 12. Civil Disorders |
|
|
231-32 |
38598 |
|
233 |
206 |
|
Ch.13. Civil Rights |
|
|
241 |
1501 |
|
242 |
1502, 1521 |
|
243 |
Title 28 |
|
244 |
Title 10 |
|
245 |
1511-16 |
|
Ch. 15. Claims and Services in Matters Affecting Government |
|
|
281 |
Title 5 |
|
283 |
Title 5 |
|
285 |
1356, 1732, 1735 (2) (e), 1753 |
|
286-89 |
1352, 1732 |
|
290 |
Title 38 |
|
291 |
Title 28 |
|
292 |
1363; Title 5 |
|
Ch. 17. Coins and Currency |
|
|
331 |
1751 |
|
332 |
1732, 1751 |
|
333 |
Title 12 |
|
334-35 |
1753 |
|
336-37 |
Title 31 |
|
Ch. 19. Conspiracy |
|
|
371 |
1004, 1732-34, 1751 |
|
372 |
1301, 1303, 1352, 1366-67, 1401, 1511 (c) |
|
Ch. 21. Contempts |
|
|
401-02 |
1341-45, 1349 |
|
Ch. 22. Contracts |
|
|
431-33 |
1372; Title 5 |
|
435 |
Title 15 |
|
436 |
1733; Title 18, Pt. E |
|
437 |
1372; Title 25 |
|
438-39 |
1363; Title 25 |
|
440 |
Title 39 |
|
441 |
Title 41 |
|
442 |
Title 44 |
|
443 |
1356; Title 41 |
|
Ch. 25. Counterfeiting and Forgery |
|
|
471-73 |
1751 |
|
474 |
1751-52 |
|
475 |
Title 31 |
|
476-77 |
1752 |
|
478-80 |
1751 |
|
481 |
1751-52 |
|
482-86 |
1751 |
|
487-88 |
1752 |
|
489 |
1411; Title 31 |
|
490 |
1751 |
|
491 |
1755 |
|
492 |
Title 31 |
|
493-98 |
1751 |
|
499 |
1381, 1751, 1753 |
|
500 |
1751, 1753 |
|
501 |
1751-53 |
|
502 |
1751 |
|
503 |
1751-52 |
|
504 |
Title 31 |
|
505 |
1351-52, 1751 |
|
506 |
1751-52 |
|
507-08 |
1751 |
|
509 |
1752 |
|
Ch. 27. Customs |
|
|
541-42 |
1411 |
|
543 |
1411; Title 19 |
|
544 |
1411; Title 19 |
|
545 |
1411; Title 19 |
|
546 |
Title 22 |
|
547 |
1411 |
|
548 |
1411; Title 19 |
|
549 |
1411, 1732 |
|
550 |
1352, 1732 |
|
551 |
1323, 1367, 1411 |
|
552 |
401, 1002 |
|
Ch. 29. Elections and Political Activities |
|
|
591 |
--- |
|
592 |
1535 |
|
593-94 |
1511, 1531 |
|
595 |
1511, 1531-32 |
|
596 |
--- |
|
597 |
1531 |
|
598 |
1532 |
|
599-600 |
1364-65, 1531 |
|
601 |
1511, 1532-33 |
|
602-03 |
1534 |
|
604-05 |
1532 |
|
606 |
1533 |
|
607 |
1534 |
|
608-12 |
Title 2 |
|
613 |
1541 |
|
Ch. 31. Embezzlement and Theft |
|
|
641 |
1732 |
|
642 |
1732, 1752 |
|
643 |
1732, 1737; Title 5 |
|
644 |
1732, 1737; Title 12 |
|
645-47 |
1732, 1737; Title 28 |
|
648-53 |
1732, 1737; Title 5 |
|
654 |
1732, 1737 |
|
655 |
1732, 1737, 3501 |
|
656-57 |
1732, 1737 |
|
658 |
1738 |
|
659 |
206, 707, 1732, 1737 |
|
660 |
707, 1732, 1737 |
|
661-64 |
1737, 1737 |
|
Ch. 33. Emblems, Insignia and Names |
|
|
700-01 |
Title 4 |
|
702 |
Titles 10, 42 |
|
703 |
Title 22 |
|
704 |
Title 10 |
|
705-06 |
Title 36 |
|
707 |
Title 7 |
|
708 |
Title 22 |
|
709 |
Title 4 |
|
710 |
Title 10 |
|
711 |
Title 7 |
|
712-13 |
Title 4 |
|
714 |
Title 43 |
|
Ch. 35. Escape and Rescue |
|
|
751-53 |
1306 |
|
754 |
1301 |
|
755 |
1306-07 |
|
756-57 |
1120 |
|
Ch. 37. Espionage and Censorship |
|
|
792 |
1118 |
|
793-94 |
1112-13 |
|
795-97 |
1112-13, 1712; Title 50 |
|
798 |
1114 |
|
799 |
1712; Title 42 |
|
Ch. 39. Explosives and Other Dangerous Articles |
|
|
831 |
Title 49 |
|
832-34 |
1602, 1613, 1701, 1704; Title 49 |
|
835 |
Title 49 |
|
836 |
Title 15 |
|
Ch. 40. Importing, Manufacturing, Distribution and Storage of Explosive Materials |
|
|
841 |
Title 26 |
|
842 |
1812; Title 26 |
|
843 |
Title 26 |
|
844 |
109 (i), 1614, 1618, 1701, 1705, 1811, 1814, 3202 (2) (e); Title 26 |
|
845-48 |
Title 26 |
|
Ch. 41. Extortion and Threats |
|
|
871 |
1614-1615 |
|
872-73 |
1381, 1617, 1732-33 |
|
874 |
1732 |
|
875-77 |
1614, 1617-18, 1732-33 |
|
Ch. 42. Extortionate Credit Transactions |
|
|
891-96 |
1771 |
|
Ch. 43. False Personation |
|
|
911 |
1352 |
|
912-13 |
1381 |
|
914 |
1732-33 |
|
915 |
1381 |
|
916 |
Title 7 |
|
917 |
Title 36 |
|
Ch. 44. Firearms |
|
|
921 |
Title 26 |
|
922 |
1812; Title 26 |
|
923 |
Title 26 |
|
924 |
1811, 3202 (2) (e); Title 26 |
|
925-28 |
Title 26 |
|
Ch. 45. Foreign Relations |
|
|
951 |
1206; Title 22 |
|
952 |
1112-14 |
|
953 |
--- |
|
954 |
1353 |
|
955 |
Title 22 |
|
956 |
1202 |
|
957 |
1001-02 |
|
958 |
1203 |
|
959 |
1203; Title 22 |
|
960 |
1201-02 |
|
961 |
1204-05; Title 22 |
|
962 |
1201, 1204-05; Title 22 |
|
963-64 |
1204-05; Title 22 |
|
965 |
1204-05, 1352; Title 22 |
|
966 |
1352; Title 22 |
|
967 |
1204-05; Title 22 |
|
969 |
Title 22 |
|
Ch. 47. Fraud and False Statements |
|
|
1001 |
1352 |
|
1002 |
1751 |
|
1003 |
1732, 1751 |
|
1004 |
1753; Title 12 |
|
1005 |
1352, 1732, 1751, 1753; Title 12 |
|
1006 |
1352, 1372, 1732, 1751, 1753, 1758; Title 12 |
|
1007 |
1352, 1732 |
|
1008 |
1352, 1732, 1751 |
|
1009 |
Title 12 |
|
1010 |
1352, 1732, 1751, 1753 |
|
1011 |
1352, 1732 |
|
1012 |
1352, 1356, 1361; Title 42 |
|
1013 |
1732 |
|
1014 |
1352, 1732 |
|
1015 |
1108, 1221, 1224, 1351-52, 1753 |
|
1016 |
1352, 1753 |
|
1017-19 |
1753 |
|
1020 |
1352, 1732-33 |
|
1021-22 |
1753 |
|
1023 |
1732, 1737 |
|
1024 |
1732; Title 10 |
|
1025 |
1732, 1753 |
|
1026 |
1352 |
|
1027 |
1352, 1732-33 |
|
Ch. 49. Fugitives From Justice |
|
|
1071-72 |
1303 |
|
1073-74 |
1310 |
|
Ch. 50. Gambling |
|
|
1081 |
Title 46 |
|
1082 |
1831; Title 46 |
|
1083 |
Title 46 |
|
1084 |
1831-32 |
|
Ch. 51. Homicide |
|
|
1111 |
1601-02 |
|
1112 |
1601-03 |
|
1113 |
1001 |
|
1114-15 |
1601-03 |
|
Ch. 53. Indians |
|
|
1151-53 |
211 |
|
1154-56 |
Title 25 |
|
1158-62 |
Title 25 |
|
1163 |
1732 |
|
1164-65 |
Title 25 |
|
Ch. 55. Kidnapping |
|
|
1201 |
1631-33; 1635 |
|
1202 |
1304 |
|
Ch. 57. Labor |
|
|
1231 |
1551 |
|
Ch. 59. Liquor Traffic |
|
|
1261-65 |
Title 27 |
|
Ch. 61. Lotteries |
|
|
1301-03 |
1831-32 |
|
1304-05 |
--- |
|
1306 |
Title 12 |
|
Ch. 63. Mail Fraud |
|
|
1341-43 |
1001, 1732, 1751 |
|
Ch. 65. Malicious Mischief |
|
|
1361 |
1705 |
|
1362 |
1107, 1705 |
|
1363 |
1107, 1613, 1704-05 |
|
1364 |
1701, 1705 |
|
Ch. 67. Military and Navy |
|
|
1381 |
1119 |
|
1382 |
1712 |
|
1383 |
1712; Title 10 |
|
1384 |
1841-43 |
|
1385 |
Title 10 |
|
Ch. 69. Nationality and Citizenship |
|
|
1421 |
1732, 1737; Title 28 |
|
1422 |
1362, 1732 |
|
1423 |
1225, 1352, 1531, 1751, 1753 |
|
1424 |
1221, 1224, 1351-52, 1753 |
|
1425 |
1224, 1351-52, 1361, 1753 |
|
1426 |
1351-52, 1751-52 |
|
1427 |
401, 1002 |
|
1428 |
Title 8 |
|
1429 |
1342-43 |
|
Ch. 71. Obscenity |
|
|
1461-65 |
1851 |
|
Ch. 73. Obstruction of Justice |
|
|
1501 |
1301-02, 1611-12 |
|
1502 |
1301-02 |
|
1503 |
1301, 1321-24, 1327, 1346, 1366-67 |
|
1504 |
1324 |
|
1505 |
1301, 1321-23, 1327, 1346, 1366-67 |
|
1506 |
1323, 1352, 1356, 1732 |
|
1507 |
1325 |
|
1508 |
1326 |
|
1509 |
1301 |
|
1510 |
1322, 1367 |
|
1511 |
1361, 1831-32 |
|
Ch. 75. Passports and Visas |
|
|
1541 |
1381, 1753 |
|
1542 |
1225, 1352, 1753 |
|
1543 |
1751 |
|
1544 |
401, 1002, 1221-22, 1225; Title 22 |
|
1545 |
Title 22 |
|
1546 |
1221-22, 1351-52, 1751-53 |
|
Ch. 77. Peonage and Slavery |
|
|
1581 |
1301, 1631-32 |
|
1582 |
401, 1002 |
|
1583 |
1631 |
|
1584-85 |
1631-32 |
|
1586 |
1002 |
|
1587-88 |
1631-32 |
|
Ch. 79. Perjury |
|
|
1621 |
1351 |
|
1622 |
401, 1003 |
|
1623 |
1351 |
|
Ch. 81. Piracy |
|
|
1651 |
201 (l); Chs. 16-17 |
|
1652 |
208 (h) |
|
1653 |
208 (g) |
|
1654 |
208 (h), 401, 1002 |
|
1655 |
1805 |
|
1656 |
1732 |
|
1657 |
401, 1002-04, 1805 |
|
1658 |
1613, 1705, 1732 |
|
1659 |
201 (a) (l), 1721 |
|
1660 |
1304, 1732 |
|
1661 |
201 (l), 1721 |
|
Ch. 83. Postal Service |
|
|
1691-99 |
Title 39 |
|
1700 |
1737; Title 39 |
|
1701 |
1301 |
|
1702 |
1564, 1732 |
|
1703 |
1564, 1705; Title 39 |
|
1704 |
1732; Title 39 |
|
1705 |
1301, 1564, 1705 |
|
1706 |
1301, 1705, 1732 |
|
1707-10 |
1732 |
|
1711 |
1732, 1737 |
|
1712 |
1352, 1732; Title 39 |
|
1713 |
1753; Title 39 |
|
1714 |
--- |
|
1715 |
Title 39 |
|
1716 |
1001, 1601-03, 1612-13, 1701-02, 1704-05; Title 39 |
|
1716A |
Title 39 |
|
1717 |
1001, 1003; Title 39 |
|
1718 |
Title 39
|
|
1719 |
1733 |
|
1720 |
1733, 1751 |
|
1721 |
1732, 1737; Title 39 |
|
1722 |
1352, 1733; Title 39 |
|
1723 |
1733; Title 39 |
|
1724 |
Title 39 |
|
1725 |
1733; Title 39 |
|
1726-28 |
1732; Title 39 |
|
1729-31 |
1381; Title 39 |
|
1732 |
1753; Title 39 |
|
1733 |
1733; Title 39 |
|
1734 |
Title 39 |
|
1735-37 (new) |
Title 39 |
|
Ch. 84. Presidential Assassination, Kidnapping and Assault |
|
|
1751 |
1001, 1004, 1601-03, 1611-12, 1631-32; Title 18, Pt. D |
|
Ch. 85. Prison-Made Goods |
|
|
1761-62 |
Title 15 |
|
Ch. 87. Prisons |
|
|
1791 |
1309; Title 18, Pt. E |
|
1792 |
1308-09 |
|
Ch. 89. Professions and Occupations |
|
|
1821 |
Title 15 |
|
Ch. 91. Public Lands |
|
|
1851 |
1732 |
|
1852-54 |
1705, 1732 |
|
1855 |
1702, 1704-05 |
|
1856 |
1703 |
|
1857-58 |
1705 |
|
1859 |
1301 |
|
1860 |
1617; Title 43 |
|
1861 |
1732; Title 43 |
|
1862-63 |
1712 |
|
Ch. 93. Public Officers and Employees |
|
|
1901 |
1732, 1737, 3501; Title 5 |
|
1902 |
1371-72 |
|
1903 |
1372 |
|
1904 |
1371-72 |
|
1905 |
1371, 3501 |
|
1906 |
1371; Title 12 |
|
1907-08 |
1371, 3501; Title 12 |
|
1909 |
1363; Title 12 |
|
1910 |
Title 28 |
|
1911 |
1732, 1737; Title 28 |
|
1912 |
1363, 1732, 3501 |
|
1913 |
Title 5 |
|
1915 |
Title 19 |
|
1916 |
1737; Title 5 |
|
1917 |
1352, 1512; Title 5 |
|
1918 |
--- |
|
1919 |
1352, 1732 |
|
1920 |
1352, 1732 |
|
1921 |
1732; Title 5 |
|
1922 |
1352, 1511, 1617; Title 5 |
|
1923 |
1732, 1734 |
|
Ch. 95. Racketeering |
|
|
1951 |
1001, 1004, 1721, 1732 |
|
1952 |
1361, 1403, 1701, 1732, 1822-24, 1831-32, 1841 |
|
1953 |
1831-32 |
|
1954 |
1758; Title 18., Pt. E |
|
1955 |
1831; Title 18, Pt. D |
|
Ch. 96. Racketeering Influenced and Corrupt Organizations |
|
|
1961-68 |
[not considered] |
|
Ch. 97. Railroads |
|
|
1991 |
1001, 1711, 1713 |
|
1992 |
707, 1601-03, 1613, 1701-02, 1705 |
|
Ch. 99 Rape |
|
|
2031 |
1641-42 |
|
2032 |
1641, 1646 |
|
Ch. 101. Records and Reports |
|
|
2071 |
1356, 1705, 1732 |
|
2072 |
1753; Title 7 |
|
2073 |
1732-33, 1737, 1753 |
|
2074 |
Title 15 |
|
2075 |
Title 5 |
|
2076 |
Title 28 |
|
Ch. 102. Riots |
|
|
2101-02 |
206, 707, 1801-02 |
|
Ch. 103. Robbery and Burglary |
|
|
2111-12 |
1721 |
|
2113 |
1601-03, 1611-13, 1711, 1721, 1732 |
|
2114 |
1611-13, 1721 |
|
2115 |
1711 |
|
2116 |
1301, 1611-12, 1712-13 |
|
2117 |
206, 707, 1001, 1712-13 |
|
Ch. 105. Sabotage |
|
|
2151 |
1105 |
|
2152 |
1107, 1301, 1705, 1712 |
|
2153-54 |
1004, 1105-07 |
|
2155-56 |
1004, 1105, 1107 |
|
2157 |
--- |
|
Ch. 107. Seamen and Stowaways |
|
|
2191 |
1612, 1633 |
|
2192 |
1001, 1003-04, 1110, 1633, 1801, 1803 |
|
2193 |
1805 |
|
2194 |
1631-33 |
|
2195 |
Title 46 |
|
2196 |
1613 |
|
2197 |
1732, 1751, 1753 |
|
2198 |
1642 |
|
2199 |
1714, 1733 |
|
Ch. 109. Searches and Seizures |
|
|
2231 |
1301, 1366, 1611-13, 1616 |
|
2232 |
1301, 1323 |
|
2233 |
1301, 1323, 1401, 1732 |
|
2234-36 |
1521 |
|
Ch. 111. Shipping |
|
|
2271 |
1004, 1705, 1732 |
|
2272 |
1705, 1732 |
|
2273 |
1705 |
|
2274 |
1001-04, 1705; Title 46 |
|
2275 |
1601, 1611-13, 1701-05 |
|
2276 |
1001, 1705, 1711-13 |
|
2277-78 |
Title 46 |
|
2279 |
1712; Title 46 |
|
Ch. 113. Stolen Property |
|
|
2311 |
1735 (7), 1736, 1741 (f), 1754 (k), (l) |
|
2312 |
1732, 1736 |
|
2313 |
1732 |
|
38639 |
1732, 1751, 1752 |
|
38702 |
1732 |
|
2318 |
Title 15 |
|
Ch. 115. Treason, Sedition, and Subversive Activities |
|
|
2381 |
1101-02 |
|
2382 |
1118 |
|
2383-85 |
1103 |
|
2386 |
1104; Title 50 |
|
2387 |
1110 |
|
2388 |
1004, 1109-11, 1303 |
|
2389-90 |
1101-03, 1203 |
|
2391 |
1004, 1109-11, 1303 |
|
Ch. 117. White Slave Traffic |
|
|
2421 |
1841 |
|
2422-23 |
1631-32, 1841-42 |
|
2424 |
--- |
|
Ch. 119. Wire Interception and Interception of Oral Communications |
|
|
2510 |
1563; Title 18, Pt. D |
|
2511 |
1561; Title 18, Pt. D; Title 47 |
|
2512 |
1562 |
|
Ch. 213. Limitations |
|
|
3281-91 |
701 |
|
Ch. 223. Witnesses and Evidence |
|
|
3487 |
1739 (2) (a) |
|
Ch. 227. Sentence, Judgement, and Execution |
|
|
3565 |
3303-04
|
|
3568 |
3205 |
|
3569 |
3303-04 |
|
3575 |
3202 |
|
3576 |
28 U.S.C. § 1291 (amended) |
|
Ch. 231. Probation |
|
|
3651 |
3101-06 |
|
3653 |
3102-04; Title 18, Pt. D |
|
Ch. 305. Commitment and Transfer |
|
|
4082 (a) |
3203 (1) |
|
Ch. 309. Good Time Allowances |
|
|
4161-66 |
--- |
|
Ch. 311. Parole |
|
|
4202 |
3401-02 |
|
4203 |
3402-05 |
|
4207 |
3403 |
|
4208 (a) |
3201 (3), (4), 3401 |
|
4208 (b) |
3004, 3205 (2) |
|
Ch. 314. Narcotic Addicts |
|
|
4252 |
3004, 3205 (3) |
|
Ch. 402. Federal Youth Corrections Act |
|
|
5010 (e) |
3004 |
|
18 App. Unlawful Possession or Receipt of Firearms |
|
|
1201-03 |
1812; Title 26 |
|
|
|
|
|
|
Table II
OFFENSES OUTSIDE TITLE 18 AFFECTED BY CRIMINAL CODE
The first column below lists most of the sections outside Title 18 defining federal offenses which would be specially affected by provisions of the proposed new Federal Criminal Code. A section has been included in the list (1) if some or all of its provisions would be deleted because they are covered by Code provisions, (2) if the section is incorporated in the Code by reference, or (3) if a felony penalty provided in the section will be reduced at least to the Class A misdemeanor level by operation of §3006. The second column lists the Code sections which affect the existing section. Since the principal purpose of any deletion is to eliminate duplication of a Code provision, substantial portions of existing provisions may have to be retained for other purposes, such as : to continue a minor offense in the regulatory Title, perhaps subject to the regulatory offense provision (§ 1006) ; to retain authority for civil penalties; to retain the prohibition of conduct which triggers a Code provision, e.g., a prohibition against importation which is an element in smuggling (§1411). Determinations as to what provisions should be retained or how they should be classified, if offenses, have not been made by the Commission staff prepared suggestions will be found in volume III of the Working Papers. Not included in this table are the many minor offenses outside Title 18 which, pursuant to Code § 101, would be affected by the general and sentencing provisions of the Code, and which may be amended to be made subject to regulatory offense provision (§1006). Explanation and discussion of the manner in which the Code provisions affect the existing sections listed may in many instances be found either in the Final Report comment regarding the Code section referred to or in the relevant pages of the Working Papers. Extensive discussions and compilations of offenses outside Title 18 may be found in the Working Papers.
|
United States Code Sections |
Proposed Criminal Code Sections |
|
Title 2 ( The Congress) |
|
|
167g |
Chapter 17 |
|
192 |
1342-49 |
|
252 (b) |
3006 |
|
269 (b) |
3003, 3006 |
|
Title 5 (Government Organization and Employees) |
|
|
304 (b) |
1341-49 |
|
552 (a) (3) |
1341-49 |
|
1507 (a) |
1341-49 |
|
8125 |
1341-49 |
|
Title 7 (Agriculture) |
|
|
13 |
1732, 3006 |
|
60 |
1301, 1356, 1751, 1758 |
|
87c |
1321, 1361-63, 1366, 1381, 1611-14, 1617, 1751, 1753, 3003 |
|
87f (g) |
1732 |
|
135f (c) |
1371, 3006 |
|
150gg |
1751-54 |
|
163 |
1411, 1751-54 |
|
195 |
1345, 3006 |
|
221 |
3006 |
|
270 |
1751-54, 1732, 1737, 3006 |
|
282 |
1411 |
|
472 |
1371 |
|
473 |
1352, 1356 |
|
473c-2
|
1301, 1352, 1356, 1361-64, 1753
|
|
491 |
1705, 1732 |
|
499n |
1751-54 |
|
503 |
1352 |
|
511k |
1301, 1352, 1356, 1361-63, 1381, 1751-54 |
|
608d |
1371 |
|
60.8 |
1411 |
|
608f |
3006 |
|
610 (g) |
1372 |
|
615 (b-3) (2) |
1732 |
|
615 (b-3) (3) |
1352, 1401, 1751-54 |
|
953 |
1352 |
|
1011 |
1712 |
|
1156 |
1352 |
|
1157 |
1372 |
|
1373 |
1352, 1356, 1371 |
|
1379 (i) |
1732, 1751-54 |
|
1380n |
1411 |
|
1622 (h) |
1751-54 |
|
1642 (c) |
1351-52 |
|
1986 |
1362-63, 1365, 1371-72 |
|
2023 |
1759 |
|
2150 |
1345 |
|
Title 8 (Aliens and Nationality) |
|
|
333-36 |
1222-23, 1632 |
|
1185 |
1221-25, 1352, 1751-54, 3006 |
|
1252 |
3006 |
|
1306 (c), (d) |
1352, 1751-54 |
|
1324 |
1222-23 |
|
1325 |
1221 |
|
1326 |
1221 |
|
1327 |
1221-23 |
|
1328 |
1221-23, 1841-42 |
|
Title 10 (Armed Forces) *Uniform Code of Military Justice provisions are not affected by the Code |
|
|
2276 |
1352, 3006 |
|
4501 |
3006 |
|
7678 |
1301, 1352, 1705, 1732, 3006 |
|
9501 |
3006 |
|
Title 11 (Bankruptcy) |
|
|
205 (p) |
3006 |
|
Title 12 (Banks and Banking) |
|
|
92a |
1732, 1737, 3006 |
|
95 |
1773 |
|
95a (3) |
1204, 1411 |
|
378 |
3006 |
|
617 |
3006 |
|
630 |
1001, 1352, 1732, 1737, 1753 |
|
631 |
3006 |
|
1141j |
1372, 3006 |
|
1464 |
Cf. 1345 |
|
1715z-4 |
3006 |
|
1725 (g) |
Cf. 1732, 1753 |
|
1847 |
1352 |
|
1909 |
1352 |
|
Title 13 (Customs) |
|
|
211 |
1364 |
|
213 |
1352 |
|
214 |
1371 |
|
Title 14 (Coast Guard) |
|
|
84 |
1301 |
|
638 |
3003 |
|
639 |
Cf. 1753 |
|
Title 15 (Commerce and Trade) |
|
|
50 |
1323, 1342-49, 1352, 1356, 1371, 3006 |
|
54 |
Cf. 3003 |
|
76 |
1411, 3006 |
|
77 |
3006 |
|
77x |
1772, 3006 |
|
77yyy |
1772, 3006 |
|
78u (c) |
1342-49 |
|
78ff |
1772, 3006 |
|
79r |
1342-49 |
|
79z-3 |
1352, 1356, 3006 |
|
80a-41 |
1342-49 |
|
80a-48 |
3006 |
|
80b-9 |
1342-49 |
|
80b-17 |
3006 |
|
158 |
1732, 3006 |
|
645 |
1352, 1372, 1732, 1737 |
|
714m |
1352, 1732, 1737 |
|
717m |
1342-49 |
|
717t |
3006 |
|
1176 |
3006 |
|
1242 |
3006 |
|
1243 |
3006 |
|
1281 |
1701-09 |
|
1717 |
1352, 1732, 3006 |
|
Title 16 (Conservation) |
|
|
3, 9a, 26, 45e, 98, 117c, 123, 127, 146, 152, 170, 198c, 204c, 256b, 354, 395c, 403c-3, 403h-3, 404c-3, 408k, 430v, 460k-3, 460n-5, 471, 551, 606, 690g, 693a, 730 |
Cf. Chapter 17, esp. § 1705 |
|
114, 413, 433 |
1705, 1732 |
|
371 |
1732 |
|
414 |
1712 |
|
707 |
3006 |
|
825f |
1342-49 |
|
825o |
3006 |
|
831t |
1352, 1732, 1737, 3006 |
|
Title 19 (Customs Duties) |
|
|
60 |
1361-62, 1732 |
|
283 |
1411 |
|
1304 (e) |
1411 |
|
1341 |
1301, Chapter 16 |
|
1436 |
1352, 1411, 1751, 1753 |
|
1464 |
1411, 3006 |
|
1465 |
1411, 3006 |
|
1586 |
1411 |
|
1620 |
1362-63, 3006 |
|
1708 |
1411, 3006 |
|
1919 |
1352, 1732 |
|
1975 |
1352, 1732 |
|
Title 20 (Education) |
|
|
581 (4) (B) |
3006 |
|
Title 21 (Food and Drugs) |
|
|
104 |
1411, 1704-05, 3006 |
|
117 |
1704-05 |
|
122 |
1704-05 |
|
127 |
1704-05 |
|
134 |
1704-05 |
|
145 |
1613 |
|
158 |
1411, 1704-05 |
|
333 (a) |
1371, 1613, 1732, 1751, 1753, 3003 |
|
333 (b) |
1821-29 |
|
372a |
1751 |
|
461 |
1371, 1611-19, esp. 613, 1751 |
|
622 |
1361 et seq. |
|
675-76 |
1301, 1411, 161-19, esp. 613, 1751 |
|
841 |
1822-23 |
|
842 |
1371-72, 1822-23; Title 21 |
|
843 |
1352, 1356, 1732, 1822-23; Title 21 |
|
844 |
1824, 1827 |
|
845 |
1822 (3) |
|
846 |
1001, 1004
|
|
848-51 |
3202 |
|
960 |
1822-23 |
|
961 |
1822-23; Title 21 |
|
962 |
3202 (2) (a) |
|
963 |
1001, 1004 |
|
Title 22 (Foreign Relations and Intercourse) |
|
|
253 |
3006 |
|
286f |
1342-43, 1371-72 |
|
287c |
1204 |
|
447 (c) |
1204 |
|
455 |
3006 |
|
618 |
1206, 1352, 3006 |
|
1179 |
1732, 1737, 3006 |
|
1182 |
1363 |
|
1198 |
1732, 1737 |
|
1199 |
3006 |
|
1200 |
1753 |
|
1203 |
1351-52, 1751 |
|
1623 |
1342-43 |
|
1631n |
3006 |
|
1934 |
1352, 3006 |
|
Title 24 (Hospitals, Asylums, and Cemeteries) |
|
|
154 |
1705, 1712, 1732 |
|
286 |
1705 |
|
Title 25 (Indians) |
|
|
70b |
3006 |
|
Title 26 (Internal Revenues Code) |
|
|
5601 |
1401-09, 1352, 1751 |
|
5602 |
1401-09 |
|
5603 |
1401-09, 1352 |
|
5604 (a) |
1401-09, 1751-52 |
|
5605 |
1401-09 |
|
5606 |
1401-09 |
|
5607 |
1401-09 |
|
5608 |
1401-09 |
|
5661 |
1401-09 |
|
5671 |
1401-09 |
|
5672 |
1401-09 |
|
5674 |
1401-09 |
|
5676 (1) (2) (3) |
1401-09, 1751-52 |
|
5681 |
1403-09 |
|
5682 |
1401-09 |
|
5685 |
1403-09, 1813, 3006 |
|
5686 |
1403-09 |
|
5689 |
1401-09, 1751-54 |
|
5691 |
1401-09 |
|
5762 (a) |
1401-09, 1352 |
|
5861 |
1813, 3006 |
|
5871 |
1813, 3006 |
|
7201 |
1401-09 |
|
7202 |
1401-09 |
|
7203 |
1401-09 |
|
7204 |
1402 |
|
7206 |
1352, 1401 |
|
7207 |
1352 |
|
7208 |
1401-09, 1751-52 |
|
7210 |
1342 |
|
7211 |
1732 |
|
7212 |
1301, 1366, 1732 |
|
7213 |
1371 |
|
7214 |
1352, 1361-63, 1521, 1732, 3006 |
|
7215 |
1402 |
|
7231 |
1402 |
|
7232 |
1401-09, 1352 |
|
7233 |
1401-09, 3006 |
|
7234 |
1401-09, 1411, 3006 |
|
7235 |
1403, 3006 |
|
7236 |
1403, 3006 |
|
7239 |
1401-09 |
|
7240 |
1372 |
|
7241 |
1352, 1401-09 |
|
Title 27 (Intoxicating Liquors) |
|
|
206 |
1401-09 |
|
Title 29 (Labor) |
|
|
162 |
1301, 1611-1619 |
|
439 (b) |
1352 |
|
461 |
1352 |
|
501 (c) |
1732 |
|
522 (b) |
1617, 1732 |
|
Title 30 (Mineral Lands and Mining) |
|
|
689 |
1352, 1732, 1734 |
|
819 |
1352, 1613, 3003 |
|
Title 31 (Money and Finance) |
|
|
395 |
3006 |
|
665 (i) (1) |
1732, 1737, 3006 |
|
1018 |
1362-63 |
|
Title 33 (Navigation and Navigable Waters) |
|
|
368 |
1613, 3006 |
|
447 |
1361-63 |
|
507 |
1732 |
|
682 |
1701-05 |
|
990 |
1352, 1361, 1732, 1737 |
|
Title 35 (Patents) |
|
|
186 |
1112-15, 3006 |
|
Title 36 (Patriotic Societies) |
|
|
379 |
1732 |
|
Title 38 (Veterans’ Benefits) |
|
|
787 |
1352, 1732 |
|
3405 |
1732, 1737, 3006 |
|
3501 |
1732, 1737 |
|
3502 |
1732, 1734 |
|
Title 40 (Public Buildings, Property and Works) |
|
|
13m |
Chapter 17 |
|
193h |
Chapter 17 |
|
193s |
Chapter 17 |
|
Title 41 (Public Contracts) |
|
|
54 |
1732, 1758, 3006 |
|
Title 42 (Public Health and Welfare) |
|
|
261 (a) |
1303, 1306, 1309, 1821-29, 3006 |
|
408 |
1352, 1732 |
|
1306 |
1371 |
|
1307 |
1352, 1381, 1732 |
|
1713 |
1352, 1732 |
|
1874 |
1352, 3006 |
|
1973i, 1973j |
1352, 1511, 1531 |
|
1973aa-3 |
1352, 1511, 1531 |
|
1973bb-2 |
1511, 1531 |
|
1974 |
1356 |
|
1974a |
1356, 1732 |
|
1995 |
1341-49 |
|
2000e-8 (e) |
1371 |
|
2000g-2 |
1371 |
|
2272 |
1121 |
|
2273 |
1105-07, 1122, 3006 |
|
2274 |
1112-15 |
|
2275 |
1116 |
|
2276 |
1105-07, 1112, 1116, 1121 |
|
2277 |
1112-16 |
|
2278a |
1712 |
|
2515 |
1352, 1356, 1371-72, 1732, 1737, 3006 |
|
2703 |
1732 |
|
3188 |
3006 |
|
3220 |
1352, 1732, 3006 |
|
3631 |
1512-14, 1601-03, 1611-19 |
|
Title 43 (Public Lands) |
|
|
104 |
1342-43 |
|
183 |
3006 |
|
254 |
1352, 1362-63, 1732 |
|
362 |
1705 |
|
1191 |
1751-54, 1732 |
|
Title 45 (Railroads) |
|
|
6 | |