18 U.S.C. § 3104 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 205 / Section 3104: Issuance of search warrant; contents-(Rule)
Issuance of search warrant; contents-(Rule)
Status: in_force

See Federal Rules of Criminal Procedure

Issuance of search warrant on affidavit; contents to identify persons or place; command to search forthwith, Rule 41(c).

(June 25, 1948, ch. 645, 62 Stat. 819.)
18 U.S.C. § 229 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 11B / Section 229: Prohibited activities
Prohibited activities
Status: in_force

(a) Unlawful Conduct.—Except as provided in subsection (b), it shall be unlawful for any person knowingly—

(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or

(2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).

(b) Exempted Agencies and Persons.—

(1) In general.—Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.

(2) Exempted persons.—A person referred to in paragraph (1) is—

(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or

(B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon.

(c) Jurisdiction.—Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct—

(1) takes place in the United States;

(2) takes place outside of the United States and is committed by a national of the United States;

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

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

(Added Pub. L. 105–277, div. I, title II, §201(a), Oct. 21, 1998, 112 Stat. 2681–866.)

Statutory Notes and Related Subsidiaries

Revocations of Export Privileges

Pub. L. 105–277, div. I, title II, §211, Oct. 21, 1998, 112 Stat. 2681–872, provided that: "If the President determines, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that any person within the United States, or any national of the United States located outside the United States, has committed any violation of section 229 of title 18, United States Code, the President may issue an order for the suspension or revocation of the authority of the person to export from the United States any goods or technology (as such terms are defined in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415)) [former 50 U.S.C. 4618]."

[For authority of Secretary of Commerce to suspend or revoke export privileges pursuant to section 211 of Pub. L. 105–277, set out above, see section 4 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of Title 22, Foreign Relations and Intercourse.]

Executive Documents

Authority to Issue Regulations

For authority to issue regulations under this chapter, see section 3 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of Title 22, Foreign Relations and Intercourse.
18 U.S.C. § 2318 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 113 / Section 2318: Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging
Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging
Status: in_force

(a)(1) 1 Whoever, in any of the circumstances described in subsection (c), knowingly traffics in—

(A) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany—

(i) a phonorecord;

(ii) a copy of a computer program;

(iii) a copy of a motion picture or other audiovisual work;

(iv) a copy of a literary work;

(v) a copy of a pictorial, graphic, or sculptural work;

(vi) a work of visual art; or

(vii) documentation or packaging; or

(B) counterfeit documentation or packaging,

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

(b) As used in this section—

(1) the term "counterfeit label" means an identifying label or container that appears to be genuine, but is not;

(2) the term "traffic" has the same meaning as in section 2320(f) of this title;

(3) the terms "copy", "phonorecord", "motion picture", "computer program", "audiovisual work", "literary work", "pictorial, graphic, or sculptural work", "sound recording", "work of visual art", and "copyright owner" have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17;

(4) the term "illicit label" means a genuine certificate, licensing document, registration card, or similar labeling component—

(A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging is not counterfeit or infringing of any copyright; and

(B) that is, without the authorization of the copyright owner—

(i) distributed or intended for distribution not in connection with the copy, phonorecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner; or

(ii) in connection with a genuine certificate or licensing document, knowingly falsified in order to designate a higher number of licensed users or copies than authorized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner's distribution channel and not for the purpose of verifying that a copy or phonorecord is noninfringing;

(5) the term "documentation or packaging" means documentation or packaging, in physical form, for a phonorecord, copy of a computer program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculptural work, or work of visual art; and

(6) the term "counterfeit documentation or packaging" means documentation or packaging that appears to be genuine, but is not.

(c) The circumstances referred to in subsection (a) of this section are—

(1) the offense is committed within the special maritime and territorial jurisdiction of the United States; or within the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49);

(2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense;

(3) the counterfeit label or illicit label is affixed to, encloses, or accompanies, or is designed to be affixed to, enclose, or accompany—

(A) a phonorecord of a copyrighted sound recording or copyrighted musical work;

(B) a copy of a copyrighted computer program;

(C) a copy of a copyrighted motion picture or other audiovisual work;

(D) a copy of a literary work;

(E) a copy of a pictorial, graphic, or sculptural work;

(F) a work of visual art; or

(G) copyrighted documentation or packaging; or

(4) the counterfeited documentation or packaging is copyrighted.

(d) Forfeiture and Destruction of Property; Restitution.—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.

(e) Civil Remedies.—

(1) In general.—Any copyright owner who is injured, or is threatened with injury, by a violation of subsection (a) may bring a civil action in an appropriate United States district court.

(2) Discretion of court.—In any action brought under paragraph (1), the court—

(A) may grant 1 or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain a violation of subsection (a);

(B) at any time while the action is pending, may order the impounding, on such terms as the court determines to be reasonable, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of subsection (a); and

(C) may award to the injured party—

(i) reasonable attorney fees and costs; and

(ii)(I) actual damages and any additional profits of the violator, as provided in paragraph (3); or

(II) statutory damages, as provided in paragraph (4).

(3) Actual damages and profits.—

(A) In general.—The injured party is entitled to recover—

(i) the actual damages suffered by the injured party as a result of a violation of subsection (a), as provided in subparagraph (B) of this paragraph; and

(ii) any profits of the violator that are attributable to a violation of subsection (a) and are not taken into account in computing the actual damages.

(B) Calculation of damages.—The court shall calculate actual damages by multiplying—

(i) the value of the phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging, by

(ii) the number of phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging.

(C) Definition.—For purposes of this paragraph, the "value" of a phonorecord, copy, or work of visual art is—

(i) in the case of a copyrighted sound recording or copyrighted musical work, the retail value of an authorized phonorecord of that sound recording or musical work;

(ii) in the case of a copyrighted computer program, the retail value of an authorized copy of that computer program;

(iii) in the case of a copyrighted motion picture or other audiovisual work, the retail value of an authorized copy of that motion picture or audiovisual work;

(iv) in the case of a copyrighted literary work, the retail value of an authorized copy of that literary work;

(v) in the case of a pictorial, graphic, or sculptural work, the retail value of an authorized copy of that work; and

(vi) in the case of a work of visual art, the retail value of that work.

(4) Statutory damages.—The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for each violation of subsection (a) in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate.

(5) Subsequent violation.—The court may increase an award of damages under this subsection by 3 times the amount that would otherwise be awarded, as the court considers appropriate, if the court finds that a person has subsequently violated subsection (a) within 3 years after a final judgment was entered against that person for a violation of that subsection.

(6) Limitation on actions.—A civil action may not be commenced under this subsection unless it is commenced within 3 years after the date on which the claimant discovers the violation of subsection (a).

(Added Pub. L. 87–773, §1, Oct. 9, 1962, 76 Stat. 775; amended Pub. L. 93–573, title I, §103, Dec. 31, 1974, 88 Stat. 1873; Pub. L. 94–553, title I, §111, Oct. 19, 1976, 90 Stat. 2600; Pub. L. 97–180, §2, May 24, 1982, 96 Stat. 91; Pub. L. 101–647, title XXXV, §3567, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 103–272, §5(e)(10), July 5, 1994, 108 Stat. 1374; Pub. L. 103–322, title XXXIII, §330016(1)(U), Sept. 13, 1994, 108 Stat. 2148; Pub. L. 104–153, §4(a), (b)(1), July 2, 1996, 110 Stat. 1386, 1387; Pub. L. 108–482, title I, §102(a), (b), Dec. 23, 2004, 118 Stat. 3912, 3914; Pub. L. 109–181, §2(c)(2), Mar. 16, 2006, 120 Stat. 288; Pub. L. 110–403, title II, §202, Oct. 13, 2008, 122 Stat. 4260; Pub. L. 111–295, §6(i), Dec. 9, 2010, 124 Stat. 3182; Pub. L. 114–154, §3(1), May 16, 2016, 130 Stat. 387.)

Editorial Notes

Amendments

2016—Subsec. (b)(2). Pub. L. 114–154 substituted "section 2320(f)" for "section 2320(e)".

2010—Subsec. (e)(6). Pub. L. 111–295 substituted "under this subsection" for "under section".

2008—Subsec. (a). Pub. L. 110–403, §202(1), designated existing provisions as par. (1) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and former subpars. (A) to (G) as cls. (i) to (vii), respectively, of subpar. (A).

Subsec. (d). Pub. L. 110–403, §202(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels or illicit labels and all articles to which counterfeit labels or illicit labels have been affixed or which were intended to have had such labels affixed, and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels."

Subsecs. (e), (f). Pub. L. 110–403, §202(3), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: "Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a)."

2006—Subsec. (b)(2). Pub. L. 109–181 added par. (2) and struck out former par. (2) which read as follows: "the term 'traffic' means to transport, transfer or otherwise dispose of, to another, as consideration for anything of value or to make or obtain control of with intent to so transport, transfer or dispose of;".

2004—Pub. L. 108–482, §102(a)(1), substituted "Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging" for "Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging" in section catchline.

Subsec. (a). Pub. L. 108–482, §102(a)(2), added subsec. (a) and struck out former subsec. (a) which read as follows: "Whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in a counterfeit label affixed or designed to be affixed to a phonorecord, or a copy of a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program, shall be fined under this title or imprisoned for not more than five years, or both."

Subsec. (b)(2). Pub. L. 108–482, §102(a)(3)(A), struck out "and" after the semicolon at end.

Subsec. (b)(3). Pub. L. 108–482, §102(a)(3)(B), substituted " 'audiovisual work', 'literary work', 'pictorial, graphic, or sculptural work', 'sound recording', 'work of visual art', and 'copyright owner' have" for "and 'audiovisual work' have" and a semicolon for the period at end.

Subsec. (b)(4) to (6). Pub. L. 108–482, §102(a)(3)(C), added pars. (4) to (6).

Subsec. (c)(3). Pub. L. 108–482, §102(a)(4)(A), added par. (3) and struck former par. (3) which read as follows: "the counterfeit label is affixed to or encloses, or is designed to be affixed to or enclose, a copy of a copyrighted computer program or copyrighted documentation or packaging for a computer program, a copyrighted motion picture or other audiovisual work, or a phonorecord of a copyrighted sound recording; or".

Subsec. (c)(4). Pub. L. 108–482, §102(a)(4)(B), struck out "for a computer program" after "packaging".

Subsec. (d). Pub. L. 108–482, §102(a)(5), inserted "or illicit labels" after "counterfeit labels" in two places and inserted ", and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels" before period at end.

Subsec. (f). Pub. L. 108–482, §102(b), added subsec. (f).

1996—Pub. L. 104–153, §4(b)(1), substituted "Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging" for "Trafficking in counterfeit labels for phonorecords and copies of motion pictures or other audiovisual works" in section catchline.

Subsec. (a). Pub. L. 104–153, §4(a)(1), substituted "a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program," for "a motion picture or other audiovisual work,".

Subsec. (b)(3). Pub. L. 104–153, §4(a)(2), inserted " 'computer program'," after " 'motion picture',".

Subsec. (c)(2). Pub. L. 104–153, §4(a)(3)(A), struck out "or" at end.

Subsec. (c)(3). Pub. L. 104–153, §4(a)(3)(B), inserted "a copy of a copyrighted computer program or copyrighted documentation or packaging for a computer program," after "enclose," and substituted "; or" for period at end.

Subsec. (c)(4). Pub. L. 104–153, §4(a)(3)(C), added par. (4).

1994—Subsec. (a). Pub. L. 103–322 substituted "fined under this title" for "fined not more than $250,000".

Subsec. (c)(1). Pub. L. 103–272 substituted "section 46501 of title 49" for "section 101 of the Federal Aviation Act of 1958".

1990—Pub. L. 101–647 struck out comma after "phonorecords" in section catchline.

1982—Pub. L. 97–180 substituted "Trafficking in counterfeit labels for phonorecords, and copies of motion pictures or other audiovisual works" for "Transportation, sale or receipt of phonograph records bearing forged or counterfeit labels" in section catchline.

Subsec. (a). Pub. L. 97–180 substituted provision that violators of this section shall be fined not more than $250,000 or imprisoned for not more than five years or both for provision that whoever knowingly and with fraudulent intent transported, caused to be transported, received, sold, or offered for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds were recorded, to which or upon which was stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited would be fined not more than $10,000 or imprisoned for not more than one year, or both, for the first such offense and would be fined not more than $25,000 or imprisoned for not more than two years, or both, for any subsequent offense.

Subsecs. (b) to (e). Pub. L. 97–180 added subsecs. (b) and (c), redesignated former subsecs. (b) and (c) as (d) and (e), respectively, and in subsec. (d) as so redesignated struck out the comma after "judgment of conviction shall".

1976—Pub. L. 94–553 designated existing provisions as subsec. (a) and substituted "$10,000" for "$25,000" and "$25,000" for "$50,000", and added subsecs. (b) and (c).

1974—Pub. L. 93–573 substituted "not more than $25,000 or imprisoned for not more than one year, or both, for the first offense and shall be fined not more than $50,000 or imprisoned not more than 2 years, or both, for any subsequent offense" for "not more than $1,000 or imprisoned not more than one year or both".

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–553 effective Jan. 1, 1978, see section 102 of Pub. L. 94–553, set out as a note preceding section 101 of Title 17, Copyrights.

Other Rights Not Affected by Anti-Counterfeiting Provisions

Pub. L. 108–482, title I, §103, Dec. 23, 2004, 118 Stat. 3915, provided that:

"(a) Chapters 5 and 12 of Title 17; Electronic Transmissions.—The amendments made by this title [amending this section]—

"(1) shall not enlarge, diminish, or otherwise affect any liability or limitations on liability under sections 512, 1201 or 1202 of title 17, United States Code; and

"(2) shall not be construed to apply—

"(A) in any case, to the electronic transmission of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title; and

"(B) in the case of a civil action under section 2318(f) [now 2318(e)] of title 18, United States Code, to the electronic transmission of a counterfeit label or counterfeit documentation or packaging defined in paragraph (1) or (6) of section 2318(b) of title 18, United States Code.

"(b) Fair Use.—The amendments made by this title shall not affect the fair use, under section 107 of title 17, United States Code, of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title."

1 So in original. No par. (2) has been enacted.
18 U.S.C. § 3556 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 227 / Section 3556: Order of restitution
Order of restitution
Status: in_force

The court, in imposing a sentence on a defendant who has been found guilty of an offense shall order restitution in accordance with section 3663A, and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section.

(Added Pub. L. 98–473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 1991; amended Pub. L. 99–646, §20(b), Nov. 10, 1986, 100 Stat. 3596; Pub. L. 104–132, title II, §202, Apr. 24, 1996, 110 Stat. 1227.)

Editorial Notes

Amendments

1996—Pub. L. 104–132 substituted "shall order restitution" for "may order restitution" and "section 3663A, and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section" for "sections 3663 and 3664".

1986—Pub. L. 99–646 substituted "may order restitution in accordance with sections 3663 and 3664" for "under this title, or an offense under section 902(h), (i), (j), or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 1472), may order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defendant make restitution to any victim of the offense in accordance with the provisions of sections 3663 and 3664".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–132 to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.

Effective Date of 1986 Amendment

Pub. L. 99–646, §20(c), Nov. 10, 1986, 100 Stat. 3596, provided that: "The amendments made by this section [amending this section and section 3663 of this title] shall take effect on the date of the taking effect of section 212(a)(2) of the Sentencing Reform Act of 1984 [section 212(a)(2) of Pub. L. 98–473, effective Nov. 1, 1987]."

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.
18 U.S.C. § 1462 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 71 / Section 1462: Importation or transportation of obscene matters
Importation or transportation of obscene matters
Status: in_force

Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier or interactive computer service (as defined in section 230(e)(2) 1 of the Communications Act of 1934), for carriage in interstate or foreign commerce—

(a) any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; or

(b) any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or

(c) any drug, medicine, article, or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use; or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of such mentioned articles, matters, or things may be obtained or made; or

Whoever knowingly takes or receives, from such express company or other common carrier or interactive computer service (as defined in section 230(e)(2) 1 of the Communications Act of 1934) any matter or thing the carriage or importation of which is herein made unlawful—

Shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.

(June 25, 1948, ch. 645, 62 Stat. 768; May 27, 1950, ch. 214, §1, 64 Stat. 194; Pub. L. 85–796, §2, Aug. 28, 1958, 72 Stat. 962; Pub. L. 91–662, §4, Jan. 8, 1971, 84 Stat. 1973; Pub. L. 103–322, title XXXIII, §330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–104, title V, §507(a), Feb. 8, 1996, 110 Stat. 137.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §396 (Mar. 4, 1909, ch. 321, §245, 35 Stat. 1138; June 5, 1920, ch. 268, 41 Stat. 1060).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

Words "in interstate or foreign commerce" were substituted for ten lines of text without loss of meaning. (See definitive section 10 of this title.)

(See reviser's note under section 1461 of this title.)

Minor changes in phraseology were made.

Editorial Notes

References in Text

Section 230(e)(2) of the Communications Act of 1934, referred to in text, was redesignated section 230(f)(2) of the Communications Act of 1934 by Pub. L. 105–277, div. C, title XIV, §1404(a)(2), Oct. 21, 1998, 112 Stat. 2681–739, and is classified to section 230(f)(2) of Title 47, Telecommunications.

Amendments

1996—Pub. L. 104–104, §507(a)(1), inserted "or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)" after "carrier" in first par.

Pub. L. 104–104, §507(a)(2), in second par., inserted "or receives," after "takes", "or interactive computer service (as defined in section 230(e)(2) of the Communications Act of 1934)" after "common carrier", and "or importation" after "carriage".

1994—Pub. L. 103–322, in last par., substituted "fined under this title" for "fined not more than $5,000" after "Shall be" and for "fined not more than $10,000" after "and shall be".

1971—Pub. L. 91–662 struck out "preventing conception, or" before "producing abortion".

1958—Pub. L. 85–796 substituted "uses" for "deposits with" in opening par., "carriage of which" for "depositing of which for carriage" in penultimate par., and inserted penalty provisions for subsequent offenses in last par.

1950—Act May 27, 1950, brought within scope of section the importation or transportation of any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or think capable of producing sound.

Statutory Notes and Related Subsidiaries

Effective Date of 1971 Amendment

Amendment by Pub. L. 91–662 effective Jan. 9, 1971, see section 7 of Pub. L. 91–662, set out as a note under section 552 of this title.

Construction of 1996 Amendment

Pub. L. 104–104, title V, §507(c), Feb. 8, 1996, 110 Stat. 137, provided that: "The amendments made by this section [amending this section and section 1465 of this title] are clarifying and shall not be interpreted to limit or repeal any prohibition contained in sections 1462 and 1465 of title 18, United States Code, before such amendment, under the rule established in United States v. Alpers, 338 U.S. 680 (1950)."

1 See References in Text note below.
18 U.S.C. § 2231 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 109 / Section 2231: Assault or resistance
Assault or resistance
Status: in_force

(a) Whoever forcibly assaults, resists, opposes, prevents, impedes, intimidates, or interferes with any person authorized to serve or execute search warrants or to make searches and seizures while engaged in the performance of his duties with regard thereto or on account of the performance of such duties, shall be fined under this title or imprisoned not more than three years, or both; and—

(b) Whoever, in committing any act in violation of this section, uses any deadly or dangerous weapon, shall be fined under this title or imprisoned not more than ten years, or both.

(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 103–322, title XXXIII, §330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§121, 253, 254, 628 (Mar. 4, 1909, ch. 321, §65, 35 Stat. 1100; June 15, 1917, ch. 30, title XI, §18, 40 Stat. 230; May 18, 1934, ch. 299, §§1, 2, 48 Stat. 780, 781; Feb. 8, 1936, ch. 40, 49 Stat. 1105; June 26, 1936, ch. 830, title I, §3, 49 Stat. 1940; Reorg. Plan No. II, §4(f), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1433; June 13, 1940, ch. 359, 54 Stat. 391).

Section consolidates section 628 of title 18, U.S.C., 1940 ed., and the portion of section 121 of said title relating to resistance of persons authorized to make searches.

Punishment provided by section 121 of title 18, U.S.C., 1940 ed., was $2,000 fine and imprisonment for 1 year. Section 628 of said title was part of Espionage Act of June 15, 1917, ch. 30, title XIII, §1, 40 Stat. 231, prescribing fine of not more than $1,000 and imprisonment not exceeding 2 years for resisting service, execution of search warrant, or assaulting an officer.

Section 253 of title 18, U.S.C., 1940 ed., enumerated United States marshals, deputies, and assistants, Federal Bureau of Investigation agents, and numerous other officers, the killing of whom is denounced as a Federal offense.

Section 254 of title 18, U.S.C., 1940 ed., denounced the assaulting of such officers and prescribed punishment therefor without regard to nature of duties involved or performed.

In other words sections 253 and 254 of title 18, U.S.C., 1940 ed., were not limited to officers executing search warrants.

Officers enumerated in section 253 of title 18, U.S.C., 1940 ed., were substantially all those who serve or execute search warrants. Therefore, the language and punishment under section 254 of said title constitute basis of this revised section. No change in legislative intent is involved, as the amendments of sections 253 and 254 of said title are the latest enactments.

The provisions of section 121 of title 18, U.S.C., 1940 ed., relating to rescue of property from seizing officer or its destruction to prevent seizure, are incorporated in sections 2232 and 2233 of this title.

Minor changes were made in translation and phraseology.

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–322, §330016(1)(K), substituted "fined under this title" for "fined not more than $5,000".

Subsec. (b). Pub. L. 103–322, §330016(1)(L), substituted "fined under this title" for "fined not more than $10,000".
18 U.S.C. § 3527 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 224 / Section 3527: Additional authority of Attorney General
Additional authority of Attorney General
Status: in_force

The Attorney General may enter into such contracts or other agreements as may be necessary to carry out this chapter. Any such contract or agreement which would result in the United States being obligated to make outlays may be entered into only to the extent and in such amount as may be provided in advance in an appropriation Act.

(Added Pub. L. 98–473, title II, §1208, Oct. 12, 1984, 98 Stat. 2163.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title.
18 U.S.C. § 3168 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 208 / Section 3168: Planning process
Planning process
Status: in_force

(a) Within sixty days after July 1, 1975, each United States district court shall convene a planning group consisting at minimum of the Chief Judge, a United States magistrate judge, if any designated by the Chief Judge, the United States Attorney, the Clerk of the district court, the Federal Public Defender, if any, two private attorneys, one with substantial experience in the defense of criminal cases in the district and one with substantial experience in civil litigation in the district, the Chief United States Probation Officer for the district, and a person skilled in criminal justice research who shall act as reporter for the group. The group shall advise the district court with respect to the formulation of all district plans and shall submit its recommendations to the district court for each of the district plans required by section 3165. The group shall be responsible for the initial formulation of all district plans and of the reports required by this chapter and in aid thereof, it shall be entitled to the planning funds specified in section 3171.

(b) The planning group shall address itself to the need for reforms in the criminal justice system, including but not limited to changes in the grand jury system, the finality of criminal judgments, habeas corpus and collateral attacks, pretrial diversion, pretrial detention, excessive reach of Federal criminal law, simplification and improvement of pretrial and sentencing procedures, and appellate delay.

(c) Members of the planning group with the exception of the reporter shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence and other necessary expenses incurred by them in carrying out the duties of the advisory group in accordance with the provisions of title 5, United States Code, chapter 57. The reporter shall be compensated in accordance with section 3109 of title 5, United States Code, and notwithstanding other provisions of law he may be employed for any period of time during which his services are needed.

(Added Pub. L. 93–619, title I, §101, Jan. 3, 1975, 88 Stat. 2083; amended Pub. L. 96–43, §9(d), Aug. 2, 1979, 93 Stat. 330; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Editorial Notes

Amendments

1979—Subsec. (a). Pub. L. 96–43 substituted "two private attorneys, one with substantial experience in the defense of criminal cases in the district and one with substantial experience in civil litigation in the district" for "a private attorney experienced in the defense of criminal cases in the district".

Statutory Notes and Related Subsidiaries

Change of Name

"United States magistrate judge" substituted for "United States magistrate" in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 502 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 25 / Section 502: Postage and revenue stamps of foreign governments
Postage and revenue stamps of foreign governments
Status: in_force

Whoever forges, or counterfeits, or knowingly utters or uses any forged or counterfeit postage stamp or revenue stamp of any foreign government, shall be fined under this title or imprisoned not more than five years, or both.

(June 25, 1948, ch. 645, 62 Stat. 713; Pub. L. 103–322, title XXXIII, §330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §349 (Mar. 4, 1909, ch. 321, §220, 35 Stat. 1132; May 26, 1926, ch. 396, 44 Stat. 653).

A paragraph defining "foreign government" was combined with other like provisions to form section 11 of this title. A proviso against repeal, "Provided, however, That nothing in this section shall be held to repeal or modify section 350 of this title [now section 504 of this title]", was deleted as unnecessary since that section by express reference to this one makes it clear that these sections are in pari materia.

Minor changes in phraseology were also made.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $500".
18 U.S.C. § 2259B (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 110 / Section 2259B: Child pornography victims reserve
Child pornography victims reserve
Status: in_force

(a) Deposits Into the Reserve.—Notwithstanding any other provision of law, there shall be deposited into the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) all assessments collected under section 2259A and any gifts, bequests, or donations to the Child Pornography Victims Reserve from private entities or individuals.

(b) Availability for Defined Monetary Assistance.—Amounts in the Child Pornography Victims Reserve shall be available for payment of defined monetary assistance pursuant to section 2259(d). If at any time the Child Pornography Victims Reserve has insufficient funds to make all of the payments ordered under section 2259(d), the Child Pornography Victims Reserve shall make such payments as it can satisfy in full from available funds. In determining the order in which such payments shall be made, the Child Pornography Victims Reserve shall make payments based on the date they were ordered, with the earliest-ordered payments made first.

(c) Administration.—The Attorney General shall administer the Child Pornography Victims Reserve and shall issue guidelines and regulations to implement this section.

(d) Sense of Congress.—It is the sense of Congress that individuals who violate this chapter prior to the date of the enactment of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, but who are sentenced after such date, shall be subject to the statutory scheme that was in effect at the time the offenses were committed.

(Added Pub. L. 115–299, §5(c), Dec. 7, 2018, 132 Stat. 4387.)

Editorial Notes

References in Text

The date of the enactment of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, referred to in subsec. (d), is the date of enactment of Pub. L. 115–299, which was approved Dec. 7, 2018.
18 U.S.C. § 215 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 11 / Section 215: Receipt of commissions or gifts for procuring loans
Receipt of commissions or gifts for procuring loans
Status: in_force

(a) Whoever—

(1) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution; or

(2) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution;

shall be fined not more than $1,000,000 or three times the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted, whichever is greater, or imprisoned not more than 30 years, or both, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed $1,000, shall be fined under this title or imprisoned not more than one year, or both.

[(b) Transferred]

(c) This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.

(d) Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public.

(June 25, 1948, ch. 645, 62 Stat. 695, §215, formerly §220; Sept. 21, 1950, ch. 967, §4, 64 Stat. 894; renumbered §215, Pub. L. 87–849, §1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 98–473, title II, §1107(a), Oct. 12, 1984, 98 Stat. 2145; Pub. L. 99–370, §2, Aug. 4, 1986, 100 Stat. 779; Pub. L. 101–73, title IX, §§961(a), 962(e)(1), Aug. 9, 1989, 103 Stat. 499, 503; Pub. L. 101–647, title XXV, §2504(a), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103–322, title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, §606(a), Oct. 11, 1996, 110 Stat. 3511.)

Historical and Revision Notes

Based on sections 595, 1125, and 1315 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, §22, first sentence of second paragraph, 38 Stat. 272; July 17, 1916, ch. 245, §211(e), as added Mar. 4, 1923, ch. 252, §2, 42 Stat. 1460; June 21, 1917, ch. 32, §11, 40 Stat. 240; Sept. 26, 1918, ch. 177, §5, part 22(c), 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, §216(e), 42 Stat. 1472).

The punishment provisions of the three sections were identical, and all other provisions thereof were similar, except that section 595 of title 12, U.S.C., 1940 ed., Banks and Banking, relating to officers, directors, employees, or attorneys of member banks of the Federal Reserve System, did not include the terms "agent" and "acceptance" and did not include the phrase "or extension or renewal of loan or substitution of security".

Words "shall be deemed guilty of a misdemeanor" were omitted because of definition of misdemeanor in section 1 of this title.

Words "and upon conviction" and "and shall upon conviction thereof" were omitted as surplusage because punishment cannot be imposed until after conviction.

Verbal changes were made for style purposes.

Editorial Notes

Prior Provisions

A prior section 215 of this title was renumbered section 211.

Amendments

1996—Subsec. (a). Pub. L. 104–294 substituted "$1,000" for "$100" in concluding provisions.

1994—Subsec. (a). Pub. L. 103–322 substituted "fined under this title" for "fined not more than $1,000" in concluding provisions.

1990—Subsec. (a). Pub. L. 101–647 substituted "30" for "20" before "years" in concluding provisions.

1989—Subsec. (a). Pub. L. 101–73, §961(a), in closing provisions, substituted "$1,000,000" for "$5,000" and "20 years" for "five years".

Subsec. (b). Pub. L. 101–73, §962(e)(1), transferred subsec. (b) to section 20 of this title.

1986—Pub. L. 99–370 amended section generally, combining in subsec. (a) the statement of prohibited activities formerly set out in subsecs. (a) and (b), transferring to subsec. (b) and expanding provisions formerly set out in subsec. (c) which defined "financial institution", transferring to subsec. (c) and amending provisions formerly set out in subsec. (d) relating to applicability of section, and adding new subsec. (d) relating to establishment of guidelines to assist financial institutions in complying with this section.

1984—Pub. L. 98–473 amended section generally. Prior to amendment section read as follows: "Whoever, being an officer, director, employee, agent, or attorney of any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, of a Federal intermediate credit bank, or of a National Agricultural Credit Corporation, except as provided by law, stipulates for or receives or consents or agrees to receive any fee, commission, gift, or thing of value, from any person, firm, or corporation, for procuring or endeavoring to procure for such person, firm, or corporation, or for any other person, firm, or corporation, from any such bank or corporation, any loan or extension or renewal of loan or substitution of security, or the purchase or discount or acceptance of any paper, note, draft, check, or bill of exchange by any such bank or corporation, shall be fined not more than $5,000 or imprisoned not more than one year or both."

1950—Act Sept. 21, 1950, substituted "any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation" for "a member bank of the Federal Reserve System".

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–370, §3, Aug. 4, 1986, 100 Stat. 780, provided that: "This Act and the amendments made by this Act [amending this section and enacting a provision set out as a note under section 201 of this title] shall take effect 30 days after the date of the enactment of this Act [Aug. 4, 1986]."
18 U.S.C. § 3285 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 213 / Section 3285: Criminal contempt
Criminal contempt
Status: in_force

No proceeding for criminal contempt within section 402 of this title shall be instituted against any person, corporation or association unless begun within one year from the date of the act complained of; nor shall any such proceeding be a bar to any criminal prosecution for the same act.

(June 25, 1948, ch. 645, 62 Stat. 828.)

Historical and Revision Notes

Based on section 390 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, §25, 38 Stat. 740).

Word "criminal" was inserted before "contempt" in first line. Words "within section 402 of this title" were inserted after "contempt".

The correct meaning and narrow application of title 28, U.S.C., 1940 ed., §390, are preserved, as section 389 of that title is incorporated in sections 402 and 3691 of this title.

Words "corporation or association" were inserted after "person", thus embodying applicable definition of section 390a of title 28, U.S.C., 1940 ed. (See reviser's note under section 402 of this title.)
18 U.S.C. § 1466A (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 71 / Section 1466A: Obscene visual representations of the sexual abuse of children
Obscene visual representations of the sexual abuse of children
Status: in_force

(a) In General.—Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—

(1)(A) depicts a minor engaging in sexually explicit conduct; and

(B) is obscene; or

(2)(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and

(B) lacks serious literary, artistic, political, or scientific value;

or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.

(b) Additional Offenses.—Any person who, in a circumstance described in subsection (d), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—

(1)(A) depicts a minor engaging in sexually explicit conduct; and

(B) is obscene; or

(2)(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and

(B) lacks serious literary, artistic, political, or scientific value;

or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(2), including the penalties provided for cases involving a prior conviction.

(c) Nonrequired Element of Offense.—It is not a required element of any offense under this section that the minor depicted actually exist.

(d) Circumstances.—The circumstance referred to in subsections (a) and (b) is that—

(1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense;

(2) any communication involved in or made in furtherance of the offense contemplates the transmission or transportation of a visual depiction by the mail, or in interstate or foreign commerce by any means, including by computer;

(3) any person travels or is transported in interstate or foreign commerce in the course of the commission or in furtherance of the commission of the offense;

(4) any visual depiction involved in the offense has been mailed, or has been shipped or transported in interstate or foreign commerce by any means, including by computer, or was produced using materials that have been mailed, or that have been shipped or transported in interstate or foreign commerce by any means, including by computer; or

(5) the offense is committed in the special maritime and territorial jurisdiction of the United States or in any territory or possession of the United States.

(e) Affirmative Defense.—It shall be an affirmative defense to a charge of violating subsection (b) that the defendant—

(1) possessed less than 3 such visual depictions; and

(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any such visual depiction—

(A) took reasonable steps to destroy each such visual depiction; or

(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.

(f) Definitions.—For purposes of this section—

(1) the term "visual depiction" includes undeveloped film and videotape, and data stored on a computer disk or by electronic means which is capable of conversion into a visual image, and also includes any photograph, film, video, picture, digital image or picture, computer image or picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means;

(2) the term "sexually explicit conduct" has the meaning given the term in section 2256(2)(A) or 2256(2)(B); and

(3) the term "graphic", when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.

(Added Pub. L. 108–21, title V, §504(a), Apr. 30, 2003, 117 Stat. 680.)

Statutory Notes and Related Subsidiaries

Sentencing Guidelines

Pub. L. 108–21, title V, §504(c), Apr. 30, 2003, 117 Stat. 682, provided that:

"(1) Category.—Except as provided in paragraph (2), the applicable category of offense to be used in determining the sentencing range referred to in section 3553(a)(4) of title 18, United States Code, with respect to any person convicted under section 1466A of such title, shall be the category of offenses described in section 2G2.2 of the Sentencing Guidelines.

"(2) Ranges.—The Sentencing Commission may promulgate guidelines specifically governing offenses under section 1466A of title 18, United States Code, if such guidelines do not result in sentencing ranges that are lower than those that would have applied under paragraph (1)."

Report to Congressional Committees

Pub. L. 108–21, title V, §513(b), Apr. 30, 2003, 117 Stat. 685, provided that:

"(1) In general.—Not later than 9 months after the date of enactment of this Act [Apr. 30, 2003], and every 2 years thereafter, the Attorney General shall report to the Chairpersons and Ranking Members of the Committees on the Judiciary of the Senate and the House of Representatives on the Federal enforcement actions under chapter 110 or section 1466A of title 18, United States Code.

"(2) Contents.—The report required under paragraph (1) shall include—

"(A) an evaluation of the prosecutions brought under chapter 110 or section 1466A of title 18, United States Code;

"(B) an outcome-based measurement of performance; and

"(C) an analysis of the technology being used by the child pornography industry."
18 U.S.C. § 548 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 27 / Section 548: Removing or repacking goods in warehouses
Removing or repacking goods in warehouses
Status: in_force

Whoever fraudulently conceals, removes, or repacks merchandise in any bonded warehouse or fraudulently alters, defaces or obliterates any marks or numbers placed upon packages deposited in such warehouse, shall be fined under this title or imprisoned not more than two years, or both.

Merchandise so concealed, removed, or repacked, or packages upon which any marks or numbers have been so altered, defaced, or obliterated, shall be forfeited to the United States.

(June 25, 1948, ch. 645, 62 Stat. 717; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Notes

Based on section 1597 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, §597, 46 Stat. 752).

This section was rewritten to place the criminal provisions ahead of the forfeiture provisions. This did not require any substantive changes except omission of reference to persons aiding. Such persons are made principals by section 2 of this title.

The punishment prescribed by section 545 of this title was inserted to make this section complete without reference to another section. In doing so it was necessary to rephrase the punishment provision of section 545 of this title, as originally enacted, without change of substance.

Forfeiture provision was rephrased to make it clear that forfeiture was not dependent upon conviction.

Changes were made in phraseology.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $5,000".
18 U.S.C. § 5002 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 401 / Section 5002: Repealed. Pub. L. 104-134, title I, §101[(a)
Repealed. Pub. L. 104-134, title I, §101[(a)
Status: repealed

[§5002. Repealed. Pub. L. 104–134, title I, §101[(a)] [title VI, §614(a)(1)], Apr. 26, 1996, 110 Stat. 1321, 1321–65; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327]

Section, added act Sept. 30, 1950, ch. 1115, §4, 64 Stat. 1090; amended Oct. 12, 1984, Pub. L. 98–473, title II, §223(p), 98 Stat. 2030, provided for creation of Advisory Corrections Council.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 104–134, title I, §101[(a)] [title VI, §614(b)], Apr. 26, 1996, 110 Stat. 1321, 1321–65, provided that: "This section [repealing this section] shall take effect 30 days after the date of the enactment of this Act [Apr. 26, 1996]."
18 U.S.C. § 4011 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 301 / Section 4011: Disposition of cash collections for meals, laundry, etc.
Disposition of cash collections for meals, laundry, etc.
Status: in_force

Collections in cash for meals, laundry, barber service, uniform equipment, and other items for which payment is made originally from appropriations for the maintenance and operation of Federal penal and correctional institutions, may be deposited in the Treasury to the credit of the appropriation currently available for those items when the collection is made.

(Added Pub. L. 89–554, §3(f), Sept. 6, 1966, 80 Stat. 610.)

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes and 
Statutes at Large

 
5 U.S.C. 341g. 
July 28, 1950, ch. 503, §8, 64 Stat. 381.
18 U.S.C. § 3495 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 223 / Section 3495: Fees and expenses of consuls, counsel, interpreters and witnesses
Fees and expenses of consuls, counsel, interpreters and witnesses
Status: in_force

(a) The consular fees prescribed under section 1201 of Title 22, for official services in connection with the taking of testimony under sections 3492–3494 of this title, and the fees of any witness whose testimony is taken shall be paid by the party who applied for the commission pursuant to which such testimony was taken. Every witness under section 3493 of this title shall be entitled to receive, for each day's attendance, fees prescribed under section 3496 of this title. Every foreign counsel selected pursuant to a commission issued on application of the United States, and every interpreter whose services are required by a consular officer under section 3493 of this title, shall be paid by the United States, such compensation, together with such personal and incidental expense upon verified statements filed with the consular officer, as he may allow. Compensation and expenses of foreign counsel selected pursuant to a commission issued on application of any party other than the United States shall be paid by the party whom such counsel represents and shall be allowed in the same manner.

(b) Whenever any party makes affidavit, prior to the issuance of a commission for the purpose of taking testimony, that he is not possessed of sufficient means and is actually unable to pay any fees and costs incurred under this section, such fees and costs shall, upon order of the court, be paid in the same manner as fees and costs are paid which are chargeable to the United States.

(c) Any appropriation available for the payment of fees and costs in the case of witnesses subpenaed in behalf of the United States in criminal cases shall be available for any fees or costs which the United States is required to pay under this section.

(June 25, 1948, ch. 645, 62 Stat. 836; May 24, 1949, ch. 139, §54, 63 Stat. 96.)

Historical and Revision Notes

1948 Act

Based on section 695f of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, §7, 49 Stat. 1564).

1949 Act

This section [section 54] corrects the reference in the first sentence of section 3495(a) of title 18, U.S.C., because the provisions which were formerly set out as section 127 of title 22, U.S.C., are now set out as section 1201 of such title.

Editorial Notes

References in Text

Section 1201 of Title 22, referred to in subsec. (a), was transferred to section 4219 of Title 22, Foreign Relations and Intercourse.

Amendments

1949—Subsec. (a). Act May 24, 1949, substituted "section 1201" for "section 127".
18 U.S.C. § 3526 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 224 / Section 3526: Cooperation of other Federal agencies and State governments; reimbursement of expenses
Cooperation of other Federal agencies and State governments; reimbursement of expenses
Status: in_force

(a) Each Federal agency shall cooperate with the Attorney General in carrying out the provisions of this chapter and may provide, on a reimbursable basis, such personnel and services as the Attorney General may request in carrying out those provisions.

(b) In any case in which a State government requests the Attorney General to provide protection to any person under this chapter—

(1) the Attorney General may enter into an agreement with that State government in which that government agrees to reimburse the United States for expenses incurred in providing protection to that person under this chapter; and

(2) the Attorney General shall enter into an agreement with that State government in which that government agrees to cooperate with the Attorney General in carrying out the provisions of this chapter with respect to all persons.

(Added Pub. L. 98–473, title II, §1208, Oct. 12, 1984, 98 Stat. 2162.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title.
18 U.S.C. § 3565 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 227 / Section 3565: Revocation of probation
Revocation of probation
Status: in_force

(a) Continuation or Revocation.—If the defendant violates a condition of probation at any time prior to the expiration or termination of the term of probation, the court may, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, and after considering the factors set forth in section 3553(a) to the extent that they are applicable—

(1) continue him on probation, with or without extending the term or modifying or enlarging the conditions; or

(2) revoke the sentence of probation and resentence the defendant under subchapter A.

(b) Mandatory Revocation for Possession of Controlled Substance or Firearm or Refusal To Comply With Drug Testing.—If the defendant—

(1) possesses a controlled substance in violation of the condition set forth in section 3563(a)(3);

(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of probation prohibiting the defendant from possessing a firearm;

(3) refuses to comply with drug testing, thereby violating the condition imposed by section 3563(a)(4); 1 or

(4) as a part of drug testing, tests positive for illegal controlled substances more than 3 times over the course of 1 year;

the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment.

(c) Delayed Revocation.—The power of the court to revoke a sentence of probation for violation of a condition of probation, and to impose another sentence, extends beyond the expiration of the term of probation for any period reasonably necessary for the adjudication of matters arising before its expiration if, prior to its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.

(Added Pub. L. 98–473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100–690, title VI, §6214, title VII, §7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L. 101–647, title XXXV, §3585, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103–322, title XI, §110506, Sept. 13, 1994, 108 Stat. 2017; Pub. L. 107–273, div. B, title II, §2103(a), Nov. 2, 2002, 116 Stat. 1793.)

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to this title.

Section 3563(a)(4), referred to in subsec. (b)(3), probably means the par. (4) of section 3563(a) added by section 20414(b)(3) of Pub. L. 103–322, which was renumbered par. (5) by Pub. L. 104–132, title II, §203(1)(C), Apr. 24, 1996, 110 Stat. 1227.

Prior Provisions

For a prior section 3565, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

2002—Subsec. (b)(4). Pub. L. 107–273 added par. (4).

1994—Subsec. (a). Pub. L. 103–322, §110506(a)(2), struck out concluding sentence which read as follows: "Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence."

Subsec. (a)(2). Pub. L. 103–322, §110506(a)(1), substituted "resentence the defendant under subchapter A" for "impose any other sentence that was available under subchapter A at the time of the initial sentencing".

Subsec. (b). Pub. L. 103–322, §110506(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

"(b) Mandatory Revocation for Possession of a Firearm.—If the defendant is in actual possession of a firearm, as that term is defined in section 921 of this title, at any time prior to the expiration or termination of the term of probation, the court shall, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sentencing."

1990—Subsec. (a)(1). Pub. L. 101–647 substituted "or modifying" for "of modifying".

1988—Subsec. (a). Pub. L. 100–690, §7303(a)(2), inserted at end "Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence."

Subsecs. (b), (c). Pub. L. 100–690, §6214, added subsec. (b) and redesignated former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by section 7303(a)(2) of Pub. L. 100–690 applicable with respect to persons whose probation, supervised release, or parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100–690, set out as a note under section 3563 of this title.

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

1 See References in Text note below.
18 U.S.C. § 1547 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 75 / Section 1547: Alternative imprisonment maximum for certain offenses
Alternative imprisonment maximum for certain offenses
Status: in_force

Notwithstanding any other provision of this title, the maximum term of imprisonment that may be imposed for an offense under this chapter (other than an offense under section 1545)—

(1) if committed to facilitate a drug trafficking crime (as defined in 929(a)) is 15 years; and

(2) if committed to facilitate an act of international terrorism (as defined in section 2331) is 20 years.

(Added Pub. L. 103–322, title XIII, §130009(a)(6), Sept. 13, 1994, 108 Stat. 2030.)
18 U.S.C. § 2113 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 103 / Section 2113: Bank robbery and incidental crimes
Bank robbery and incidental crimes
Status: in_force

(a) Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association; or

Whoever enters or attempts to enter any bank, credit union, or any savings and loan association, or any building used in whole or in part as a bank, credit union, or as a savings and loan association, with intent to commit in such bank, credit union, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank, credit union, or such savings and loan association and in violation of any statute of the United States, or any larceny—

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

(b) Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than ten years, or both; or

Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value not exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than one year, or both.

(c) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) for the taker.

(d) Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined under this title or imprisoned not more than twenty-five years, or both.

(e) Whoever, in committing any offense defined in this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than ten years, or if death results shall be punished by death or life imprisonment.

(f) As used in this section the term "bank" means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), and any institution the deposits of which are insured by the Federal Deposit Insurance Corporation.

(g) As used in this section the term "credit union" means any Federal credit union and any State-chartered credit union the accounts of which are insured by the National Credit Union Administration Board, and any "Federal credit union" as defined in section 2 of the Federal Credit Union Act. The term "State-chartered credit union" includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.

(h) As used in this section, the term "savings and loan association" means—

(1) a Federal savings association or State savings association (as defined in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b))) having accounts insured by the Federal Deposit Insurance Corporation; and

(2) a corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under the laws of the United States.

(June 25, 1948, ch. 645, 62 Stat. 796; Aug. 3, 1950, ch. 516, 64 Stat. 394; Apr. 8, 1952, ch. 164, 66 Stat. 46; Pub. L. 86–354, §2, Sept. 22, 1959, 73 Stat. 639; Pub. L. 91–468, §8, Oct. 19, 1970, 84 Stat. 1017; Pub. L. 98–473, title II, §1106, Oct. 12, 1984, 98 Stat. 2145; Pub. L. 99–646, §68, Nov. 10, 1986, 100 Stat. 3616; Pub. L. 101–73, title IX, §962(a)(7), (d), Aug. 9, 1989, 103 Stat. 502, 503; Pub. L. 101–647, title XXV, §2597(l), Nov. 29, 1990, 104 Stat. 4911; Pub. L. 103–322, title VI, §60003(a)(9), title XXXII, §320608, title XXXIII, §330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 1969, 2120, 2147; Pub. L. 104–294, title VI, §§606(a), 607(d), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, §4002(d)(1)(C)(ii), Nov. 2, 2002, 116 Stat. 1809.)

Historical and Revision Notes

Based on sections 588a, 588b, 588c, of title 12, U.S.C., 1940 ed., Banks and Banking (May 18, 1934, ch. 304, §§1, 2, 3, 48 Stat. 783; Aug. 23, 1935, ch. 614, §333, 49 Stat. 720; Aug. 24, 1937, ch. 747, 50 Stat. 749; June 29, 1940, ch. 455, 54 Stat. 695).

Section consolidates sections 588a, 588b, and 588c of title 12, U.S.C., 1940 ed., Banks and Banking, as suggested by United States Attorney Clyde O. Eastus, of Fort Worth, Tex.

Words "felony or larceny" in subsection (a) were changed to "felony affecting such bank and in violation of any statute of the United States, or any larceny".

Use of term "felony" without limitation caused confusion as to whether a common law, State, or Federal felony was intended. Change conforms with Jerome v. U.S. (1943, 63 S. Ct. 483, 318 U.S. 101, 87 L. Ed. 640): "§2(a) [§588b(a) of title 12, U.S.C., 1940 ed., Banks and Banking] is not deprived of vitality if it is interpreted to exclude State felonies and to include only those Federal felonies which affect banks protected by the Act."

Minimum punishment provisions were omitted from subsection (c). (See reviser's note under section 203 of this title.) Also the provisions of subsection (b) measuring the punishment by the amount involved were extended and made applicable to the receiver as well as the thief. There seems no good reason why the thief of less than $100 should be liable to a maximum of imprisonment for one year and the receiver subject to 10 years.

The figures "100" were substituted for "50" in view of the fact that the present worth of $100 is less than the value of $50 when that sum was fixed as the dividing line between petit larceny and grand larceny.

The attention of Congress is directed to the mandatory minimum punishment provisions of sections 2113(e) and 2114 of this title. These were left unchanged because of the controversial question involved. Such legislative attempts to control the discretion of the sentencing judge are contrary to the opinions of experienced criminologists and criminal law experts. They are calculated to work manifest injustice in many cases.

Necessary minor translations of section references, and changes in phraseology, were made.

Editorial Notes

References in Text

Section 1(b) of the International Banking Act of 1978, referred to in subsec. (f), is classified to section 3101 of Title 12, Banks and Banking.

Section 2 of the Federal Credit Union Act, referred to in subsec. (g), is classified to section 1752 of Title 12.

Amendments

2002—Subsec. (b). Pub. L. 107–273 substituted "under this title" for "not more than $1,000" in last par.

1996—Subsec. (b). Pub. L. 104–294, §606(a), substituted "exceeding $1,000" for "exceeding $100" in two places.

Subsec. (g). Pub. L. 104–294, §607(d), inserted at end "The term 'State-chartered credit union' includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States."

1994—Subsecs. (a), (b). Pub. L. 103–322, §330016(1)(K), substituted "fined under this title" for "fined not more than $5,000" in last par. of subsec. (a) and first par. of subsec. (b).

Subsec. (d). Pub. L. 103–322, §330016(1)(L), substituted "fined under this title" for "fined not more than $10,000".

Subsec. (e). Pub. L. 103–322, §60003(a)(9), substituted "or if death results shall be punished by death or life imprisonment" for "or punished by death if the verdict of the jury shall so direct".

Subsec. (h). Pub. L. 103–322, §320608, added subsec. (h).

1990—Subsec. (f). Pub. L. 101–647 inserted "including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978)," after "operating under the laws of the United States,".

1989—Subsec. (f). Pub. L. 101–73, §962(d)(1), substituted "any institution the deposits of which" for "any bank the deposits of which".

Subsecs. (g), (h). Pub. L. 101–73, §962(a)(7), (d)(2), (3), redesignated subsec. (h) as (g), substituted "National Credit Union Administration Board, and any 'Federal credit union' as defined in section 2 of the Federal Credit Union Act" for "Administrator of the National Credit Union Administration", and struck out former subsec. (g) which read as follows: "As used in this section the term 'savings and loan association' means any Federal savings and loan association and any 'insured institution' as defined in section 401 of the National Housing Act, as amended, and any 'Federal credit union' as defined in section 2 of the Federal Credit Union Act."

1986—Subsec. (a). Pub. L. 99–646 inserted ", or obtains or attempts to obtain by extortion" after "presence of another" in first par.

1984—Subsec. (c). Pub. L. 98–473 amended subsec. (c) generally, substituting "which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen" for "knowing the same to have been taken from a bank, credit union, or a savings and loan association, in violation of subsection (b) of this section".

1970—Subsecs. (a) to (c). Pub. L. 91–468, §8(1), inserted reference to "credit union" after "bank," each place it appears.

Subsec. (h). Pub. L. 91–468, §8(2), added subsec. (h).

1959—Subsec. (g). Pub. L. 86–354 included Federal credit unions in definition of "savings and loan association".

1952—Subsec. (g). Act Apr. 8, 1952, broadened definition of "savings and loan association" by including any insured institution as defined in section 401 of the National Housing Act, as amended.

1950—Act Aug. 3, 1950, brought within section State-chartered savings and loan associations whose accounts are insured by the Federal Savings and Loan Insurance Corporation.
18 U.S.C. § 3584 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 227 / Subchapter D / Section 3584: Multiple sentences of imprisonment
Multiple sentences of imprisonment
Status: in_force

(a) Imposition of Concurrent or Consecutive Terms.—If multiple terms of imprisonment are imposed on a defendant at the same time, or if a term of imprisonment is imposed on a defendant who is already subject to an undischarged term of imprisonment, the terms may run concurrently or consecutively, except that the terms may not run consecutively for an attempt and for another offense that was the sole objective of the attempt. Multiple terms of imprisonment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecutively. Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently.

(b) Factors To Be Considered in Imposing Concurrent or Consecutive Terms.—The court, in determining whether the terms imposed are to be ordered to run concurrently or consecutively, shall consider, as to each offense for which a term of imprisonment is being imposed, the factors set forth in section 3553(a).

(c) Treatment of Multiple Sentence as an Aggregate.—Multiple terms of imprisonment ordered to run consecutively or concurrently shall be treated for administrative purposes as a single, aggregate term of imprisonment.

(Added Pub. L. 98–473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 2000.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.
18 U.S.C. § 1426 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 69 / Section 1426: Reproduction of naturalization or citizenship papers
Reproduction of naturalization or citizenship papers
Status: in_force

(a) Whoever falsely makes, forges, alters or counterfeits any oath, notice, affidavit, certificate of arrival, declaration of intention, certificate or documentary evidence of naturalization or citizenship or any order, record, signature, paper or proceeding or any copy thereof, required or authorized by any law relating to naturalization or citizenship or registry of aliens; or

(b) Whoever utters, sells, disposes of or uses as true or genuine, any false, forged, altered, antedated or counterfeited oath, notice, affidavit, certificate of arrival, declaration of intention to become a citizen, certificate or documentary evidence of naturalization or citizenship, or any order, record, signature or other instrument, paper or proceeding required or authorized by any law relating to naturalization or citizenship or registry of aliens, or any copy thereof, knowing the same to be false, forged, altered, antedated or counterfeited; or

(c) Whoever, with intent unlawfully to use the same, possesses any false, forged, altered, antedated or counterfeited certificate of arrival, declaration of intention to become a citizen, certificate or documentary evidence of naturalization or citizenship purporting to have been issued under any law of the United States, or copy thereof, knowing the same to be false, forged, altered, antedated or counterfeited; or

(d) Whoever, without lawful authority, engraves or possesses, sells or brings into the United States any plate in the likeness or similitude of any plate designed, for the printing of a declaration of intention, or certificate or documentary evidence of naturalization or citizenship; or

(e) Whoever, without lawful authority, brings into the United States any document printed therefrom; or

(f) Whoever, without lawful authority, possesses any blank certificate of arrival, blank declaration of intention or blank certificate of naturalization or citizenship provided by the Immigration and Naturalization Service, with intent unlawfully to use the same; or

(g) Whoever, with intent unlawfully to use the same, possesses a distinctive paper adopted by the proper officer or agency of the United States for the printing or engraving of a declaration of intention to become a citizen, or certificate of naturalization or certificate of citizenship; or

(h) Whoever, without lawful authority, prints, photographs, makes or executes any print or impression in the likeness of a certificate of arrival, declaration of intention to become a citizen, or certificate of naturalization or citizenship, or any part thereof—

Shall be fined under this title or imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.

(June 25, 1948, ch. 645, 62 Stat. 767; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title II, §211(a)(2), Sept. 30, 1996, 110 Stat. 3009–569; Pub. L. 107–273, div. B, title IV, §4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.)

Historical and Revision Notes

Based on subsections (a) pars. (8)–(12), (16), (17), (20)–(29), (b), (d), (l) of section 746 of Title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, §346(a) pars. (8)–(12), (16), (17), (20)–(29), (b), (d), (l), 54 Stat. 1164–1168).

Sections consolidates numerous similar paragraphs with necessary changes in phraseology and translations.

References to persons causing, procuring, aiding, abetting, or assisting were omitted as unnecessary, such persons being principals under definitive section 2 of this title.

Editorial Notes

Amendments

2002—Pub. L. 107–273 substituted "to facilitate" for "to facility" in last par.

1996—Pub. L. 104–208 substituted "imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facility such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)" for "imprisoned not more than five years" in last par.

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $5,000" in last par.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 applicable with respect to offenses occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L. 104–208, set out as a note under section 1028 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

Executive Documents

Transfer of Functions

Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees.
18 U.S.C. § 2332d (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 113B / Section 2332d: Financial transactions
Financial transactions
Status: in_force

(a) Offense.—Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) 1 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be fined under this title, imprisoned for not more than 10 years, or both.

(b) Definitions.—As used in this section—

(1) the term "financial transaction" has the same meaning as in section 1956(c)(4); and

(2) the term "United States person" means any—

(A) United States citizen or national;

(B) permanent resident alien;

(C) juridical person organized under the laws of the United States; or

(D) any person in the United States.

(Added Pub. L. 104–132, title III, §321(a), Apr. 24, 1996, 110 Stat. 1254; amended Pub. L. 107–273, div. B, title IV, §4002(a)(5), Nov. 2, 2002, 116 Stat. 1806.)

Editorial Notes

References in Text

Section 6(j) of the Export Administration Act of 1979, referred to in subsec. (a), was classified to section 2405(j) of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as section 4605(j) of Title 50, and was repealed by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of Title 50, see section 4813(c) of Title 50, as enacted by Pub. L. 115–232.

Codification

Another section 2332d was renumbered section 2332e of this title.

Amendments

2002—Subsec. (a). Pub. L. 107–273 inserted "of 1979" after "Export Administration Act".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–132, title III, §321(c), Apr. 24, 1996, 110 Stat. 1254, provided that: "The amendments made by this section [enacting this section] shall become effective 120 days after the date of enactment of this Act [Apr. 24, 1996]."

1 See References in Text note below.
18 U.S.C. § 2 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 1 / Section 2: Principals
Principals
Status: in_force

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

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

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

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §550 (Mar. 4, 1909, ch. 321, §332, 35 Stat. 1152).

Section 2(a) comprises section 550 of title 18, U.S.C., 1940 ed., without change except in minor matters of phraseology.

Section 2(b) is added to permit the deletion from many sections throughout the revision of such phrases as "causes or procures".

The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States.

It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.

This accords with the following decisions: Rothenburg v. United States, 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and United States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. United States v. Giles, 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888.

Editorial Notes

Amendments

1951—Subsec. (a). Act Oct. 31, 1951, inserted "punishable as".

Subsec. (b). Act Oct. 31, 1951, inserted "willfully" before "causes", and "or another" after "him", and substituted "is punishable as a principal" for "is also a principal and punishable as such".
18 U.S.C. § 3284 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 213 / Section 3284: Concealment of bankrupt's assets
Concealment of bankrupt's assets
Status: in_force

The concealment of assets of a debtor in a case under title 11 shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge.

(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 95–598, title III, §314(k), Nov. 6, 1978, 92 Stat. 2678.)

Historical and Revision Notes

Based on section 52(d) of title 11, U.S.C., 1940 ed., Bankruptcy (May 27, 1926, ch. 406, §11d, 44 Stat. 665; June 22, 1938, ch. 575, §1, 52 Stat. 856).

The 3-year-limitation provision was omitted as unnecessary in view of the general statute, section 3282 of this title.

The words "or a discharge denied" and "or denial of discharge" were added on the recommendation of the Department of Justice to supply an omission in existing law.

Other subsections of said section 52 of title 11, U.S.C., 1940 ed., are incorporated in sections 151–154 and 3057 of this title.

Other minor changes of phraseology were made.

Editorial Notes

Amendments

1978—Pub. L. 95–598 substituted "debtor in a case under title 11" for "bankrupt or other debtor".

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Savings Provision

Amendment by section 314 of Pub. L. 95–598 not to affect the application of chapter 9 (§151 et seq.), chapter 96 (§1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95–598, set out as a note preceding section 101 of Title 11, Bankruptcy.
18 U.S.C. § 2259 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 110 / Section 2259: Mandatory restitution
Mandatory restitution
Status: in_force

(a) In General.—Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.

(b) Scope and Nature of Order.—

(1) Directions.—Except as provided in paragraph (2), the order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses.

(2) Restitution for trafficking in child pornography.—If the defendant was convicted of trafficking in child pornography, the court shall order restitution under this section in an amount to be determined by the court as follows:

(A) Determining the full amount of a victim's losses.—The court shall determine the full amount of the victim's losses that were incurred or are reasonably projected to be incurred by the victim as a result of the trafficking in child pornography depicting the victim.

(B) Determining a restitution amount.—After completing the determination required under subparagraph (A), the court shall order restitution in an amount that reflects the defendant's relative role in the causal process that underlies the victim's losses, but which is no less than $3,000.

(C) Termination of payment.—A victim's total aggregate recovery pursuant to this section shall not exceed the full amount of the victim's demonstrated losses. After the victim has received restitution in the full amount of the victim's losses as measured by the greatest amount of such losses found in any case involving that victim that has resulted in a final restitution order under this section, the liability of each defendant who is or has been ordered to pay restitution for such losses to that victim shall be terminated. The court may require the victim to provide information concerning the amount of restitution the victim has been paid in other cases for the same losses.

(3) Enforcement.—An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.

(4) Order mandatory.—(A) The issuance of a restitution order under this section is mandatory.

(B) A court may not decline to issue an order under this section because of—

(i) the economic circumstances of the defendant; or

(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.

(c) Definitions.—

(1) Child pornography production.—For purposes of this section and section 2259A, the term "child pornography production" means conduct proscribed by subsections (a) through (c) of section 2251, section 2251A, section 2252A(g) (in cases in which the series of felony violations involves at least 1 of the violations listed in this subsection), section 2260(a), or any offense under chapter 109A or chapter 117 that involved the production of child pornography (as such term is defined in section 2256).

(2) Full amount of the victim's losses.—For purposes of this subsection, the term "full amount of the victim's losses" includes any costs incurred, or that are reasonably projected to be incurred in the future, by the victim, as a proximate result of the offenses involving the victim, and in the case of trafficking in child pornography offenses, as a proximate result of all trafficking in child pornography offenses involving the same victim, including—

(A) medical services relating to physical, psychiatric, or psychological care;

(B) physical and occupational therapy or rehabilitation;

(C) necessary transportation, temporary housing, and child care expenses;

(D) lost income;

(E) reasonable attorneys' fees, as well as other costs incurred; and

(F) any other relevant losses incurred by the victim.

(3) Trafficking in child pornography.—For purposes of this section and section 2259A, the term "trafficking in child pornography" means conduct proscribed by section 2251(d), 2252, 2252A(a)(1) through (5), 2252A(g) (in cases in which the series of felony violations exclusively involves violations of section 2251(d), 2252, 2252A(a)(1) through (5), or 2260(b)), or 2260(b).

(4) Victim.—For purposes of this section, the term "victim" means the individual harmed as a result of a commission of a crime under this chapter. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the crime victim's rights under this section, but in no event shall the defendant be named as such representative or guardian.

(d) Defined Monetary Assistance.—

(1) Defined monetary assistance made available at victim's election.—

(A) Election to receive defined monetary assistance.—Subject to paragraphs (2) and (3), when a defendant is convicted of trafficking in child pornography, any victim of that trafficking in child pornography may choose to receive defined monetary assistance from the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)).

(B) Finding.—To be eligible for defined monetary assistance under this subsection, a court shall determine whether the claimant is a victim of the defendant who was convicted of trafficking in child pornography.

(C) Order.—If a court determines that a claimant is a victim of trafficking in child pornography under subparagraph (B) and the claimant chooses to receive defined monetary assistance, the court shall order payment in accordance with subparagraph (D) to the victim from the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984.

(D) Amount of defined monetary assistance.—The amount of defined monetary assistance payable under this subparagraph shall be equal to—

(i) for the first calendar year after the date of enactment of this subsection, $35,000; and

(ii) for each calendar year after the year described in clause (i), $35,000 multiplied by the ratio (not less than one) of—

(I) the Consumer Price Index for all Urban Consumers (CPI–U, as published by the Bureau of Labor Statistics of the Department of Labor) for the calendar year preceding such calendar year; to

(II) the CPI–U for the calendar year 2 years before the calendar year described in clause (i).

(2) Limitations on defined monetary assistance.—

(A) In general.—A victim may only obtain defined monetary assistance under this subsection once.

(B) Effect on recovery of other restitution.—A victim who obtains defined monetary assistance under this subsection shall not be barred or limited from receiving restitution against any defendant for any offenses not covered by this section.

(C) Deduction.—If a victim who received defined monetary assistance under this subsection subsequently seeks restitution under this section, the court shall deduct the amount the victim received in defined monetary assistance when determining the full amount of the victim's losses.

(3) Limitations on eligibility.—A victim who has collected payment of restitution pursuant to this section in an amount greater than the amount provided for under paragraph (1)(D) shall be ineligible to receive defined monetary assistance under this subsection.

(4) Attorney fees.—

(A) In general.—An attorney representing a victim seeking defined monetary assistance under this subsection may not charge, receive, or collect, and the court may not approve, any payment of fees and costs that in the aggregate exceeds 15 percent of any payment made under this subsection.

(B) Penalty.—An attorney who violates subparagraph (A) shall be fined under this title, imprisoned not more than 1 year, or both.

(Added Pub. L. 103–322, title IV, §40113(b)(1), Sept. 13, 1994, 108 Stat. 1907; amended Pub. L. 104–132, title II, §205(c), Apr. 24, 1996, 110 Stat. 1231; Pub. L. 115–299, §§3(a), (b), 4, Dec. 7, 2018, 132 Stat. 4384, 4385.)

Editorial Notes

References in Text

The date of enactment of this subsection, referred to in subsec. (d)(1)(D)(i), is the date of enactment of Pub. L. 115–299, which was approved Dec. 7, 2018.

Amendments

2018—Subsec. (b)(1). Pub. L. 115–299, §3(a)(1), substituted "Except as provided in paragraph (2), the order" for "The order" and struck out "as determined by the court pursuant to paragraph (2)" after "of the victim's losses".

Subsec. (b)(2). Pub. L. 115–299, §3(a)(4), added par. (2). Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 115–299, §3(a)(2), (3), redesignated par. (2) as (3) and struck out former par. (3) which defined "full amount of the victim's losses".

Subsec. (c). Pub. L. 115–299, §3(b)(1), (2), (5), substituted "Definitions" for "Definition" in subsec. heading, designated existing provisions as par. (4) and inserted par. heading, and added pars. (1) to (3).

Subsec. (c)(4). Pub. L. 115–299, §3(b)(3), (4), substituted "under this chapter. In the case" for "under this chapter, including, in the case", and inserted "may assume the crime victim's rights under this section," after "or any other person appointed as suitable by the court,".

Subsec. (d). Pub. L. 115–299, §4, added subsec. (d).

1996—Subsec. (a). Pub. L. 104–132, §205(c)(1), inserted "or 3663A" after "3663".

Subsec. (b)(1). Pub. L. 104–132, §205(c)(2)(A), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The order of restitution under this section shall direct that—

"(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court, pursuant to paragraph (3); and

"(B) the United States Attorney enforce the restitution order by all available and reasonable means."

Subsec. (b)(2). Pub. L. 104–132, §205(c)(2)(B), struck out "by victim" after "Enforcement" in heading and amended text generally. Prior to amendment, text read as follows: "An order of restitution may also be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action."

Subsec. (b)(4)(C), (D). Pub. L. 104–132, §205(c)(2)(C), struck out subpars. (C) and (D), which related to court's consideration of economic circumstances of defendant in determining schedule of payment of restitution orders, and court's entry of nominal restitution awards where economic circumstances of defendant do not allow for payment of restitution, respectively.

Subsec. (b)(5) to (10). Pub. L. 104–132, §205(c)(2)(D), struck out pars. (5) to (10), which related, respectively, to more than 1 offender, more than 1 victim, payment schedule, setoff, effect on other sources of compensation, and condition of probation or supervised release.

Subsec. (c). Pub. L. 104–132, §205(c)(3), (4), redesignated subsec. (f) as (c) and struck out former subsec. (c) relating to proof of claim.

Subsecs. (d), (e). Pub. L. 104–132, §205(c)(3), struck out subsecs. (d) and (e) which read as follows:

"(d) Modification of Order.—A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender.

"(e) Reference to Magistrate or Special Master.—The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court."

Subsec. (f). Pub. L. 104–132, §205(c)(4), redesignated subsec. (f) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–132 effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.

Findings

Pub. L. 115–299, §2, Dec. 7, 2018, 132 Stat. 4383, provided that: "Congress finds the following:

"(1) The demand for child pornography harms children because it drives production, which involves severe child sexual abuse and exploitation.

"(2) The harms caused by child pornography begin, but do not end, with child sex assault because child pornography is a permanent record of that abuse and trafficking in those images compounds the harm to the child.

"(3) In Paroline v. United States (2014), the Supreme Court recognized that 'every viewing of child pornography is a repetition of the victim's abuse'.

"(4) The American Professional Society on the Abuse of Children has stated that for victims of child pornography, 'the sexual abuse of the child, the memorialization of that abuse which becomes child pornography, and its subsequent distribution and viewing become psychologically intertwined and each compound the harm suffered by the child-victim'.

"(5) Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornography is outlawed.

"(6) The unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim's childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim.

"(7) It is the intent of Congress that victims of child pornography be compensated for the harms resulting from every perpetrator who contributes to their anguish. Such an aggregate causation standard reflects the nature of child pornography and the unique ways that it actually harms victims."
18 U.S.C. § 3185 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 209 / Section 3185: Fugitives from country under control of United States into the United States
Fugitives from country under control of United States into the United States
Status: in_force

Whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who, having violated the criminal laws in force therein by the commission of any of the offenses enumerated below, departs or flees from justice therein to the United States, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed.

(1) Murder and assault with intent to commit murder;

(2) Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money;

(3) Counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same;

(4) Forgery or altering and uttering what is forged or altered;

(5) Embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries;

(6) Larceny or embezzlement of an amount not less than $100 in value;

(7) Robbery;

(8) Burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein;

(9) Breaking and entering the house or building of another, whether in the day or nighttime, with the intent to commit a felony therein;

(10) Entering, or breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein;

(11) Perjury or the subornation of perjury;

(12) A felony under chapter 109A of this title;

(13) Arson;

(14) Piracy by the law of nations;

(15) Murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government;

(16) Malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.

This chapter, so far as applicable, shall govern proceedings authorized by this section. Such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged.

No return or surrender shall be made of any person charged with the commission of any offense of a political nature.

If so held, such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial.

(June 25, 1948, ch. 645, 62 Stat. 823; May 24, 1949, ch. 139, §49, 63 Stat. 96; Pub. L. 99–646, §87(c)(6), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, §3(a)(6), Nov. 14, 1986, 100 Stat. 3663.)

Historical and Revision Notes

1948 Act

Based on title 18, U.S.C., 1940 ed., §652 (R.S. §5270; June 6, 1900, ch. 793, 31 Stat. 656).

Reference to territory of the United States and the District of Columbia was omitted as covered by definitive section 5 of this title.

Changes were made in phraseology and arrangement.

1949 Act

This section [section 49] corrects typographical errors in section 3185 of title 18, U.S.C., by transferring to subdivision (3) the words, "indebtedness, bank notes, or other instruments of public", from subdivision (2) of such section where they had been erroneously included.

Editorial Notes

Amendments

1986—Par. (12). Pub. L. 99–646 and Pub. L. 99–654 amended par. (12) identically, substituting "A felony under chapter 109A of this title" for "Rape".

1949—Pars. (2), (3). Act May 24, 1949, transferred "indebtedness, bank notes, or other instruments of public" from par. (2) to par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendments

Amendments by Pub. L. 99–646 and Pub. L. 99–654 effective, respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Effective Date note under section 2241 of this title.
18 U.S.C. § 4107 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 306 / Section 4107: Verification of consent of offender to transfer from the United States
Verification of consent of offender to transfer from the United States
Status: in_force

(a) Prior to the transfer of an offender from the United States, the fact that the offender consents to such transfer and that such consent is voluntary and with full knowledge of the consequences thereof shall be verified by a United States magistrate judge or a judge as defined in section 451 of title 28, United States Code.

(b) The verifying officer shall inquire of the offender whether he understands and agrees that the transfer will be subject to the following conditions:

(1) only the appropriate courts in the United States may modify or set aside the conviction or sentence, and any proceedings seeking such action may only be brought in such courts;

(2) the sentence shall be carried out according to the laws of the country to which he is to be transferred and that those laws are subject to change;

(3) if a court in the country to which he is transferred should determine upon a proceeding initiated by him or on his behalf that his transfer was not accomplished in accordance with the treaty or laws of that country, he may be returned to the United States for the purpose of completing the sentence if the United States requests his return; and

(4) his consent to transfer, once verified by the verifying officer, is irrevocable.

(c) The verifying officer, before determining that an offender's consent is voluntary and given with full knowledge of the consequences, shall advise the offender of his right to consult with counsel as provided by this chapter. If the offender wishes to consult with counsel before giving his consent, he shall be advised that the proceedings will be continued until he has had an opportunity to consult with counsel.

(d) The verifying officer shall make the necessary inquiries to determine that the offender's consent is voluntary and not the result of any promises, threats, or other improper inducements, and that the offender accepts the transfer subject to the conditions set forth in subsection (b). The consent and acceptance shall be on an appropriate form prescribed by the Attorney General.

(e) The proceedings shall be taken down by a reporter or recorded by suitable sound recording equipment. The Attorney General shall maintain custody of the records.

(Added Pub. L. 95–144, §1, Oct. 28, 1977, 91 Stat. 1216; amended Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Statutory Notes and Related Subsidiaries

Change of Name

"United States magistrate judge" substituted for "United States magistrate" in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 1751 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 84 / Section 1751: Presidential and Presidential staff assassination, kidnapping, and assault; penalties
Presidential and Presidential staff assassination, kidnapping, and assault; penalties
Status: in_force

(a) Whoever kills (1) any individual who 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 to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States, or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President, shall be punished as provided by sections 1111 and 1112 of this title.

(b) Whoever kidnaps any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual.

(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life.

(d) If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual.

(e) Whoever assaults any person designated in subsection (a)(1) shall be fined under this title, or imprisoned not more than ten years, or both. Whoever assaults any person designated in subsection (a)(2) shall be fined under this title, or imprisoned not more than one year, or both; and if the assault involved the use of a dangerous weapon, or personal injury results, shall be fined under this title, or imprisoned not more than ten years, or both.

(f) The terms "President-elect" and "Vice-President-elect" as used in this section shall mean such persons as are the apparent 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 title 3, United States Code, sections 1 and 2.

(g) The Attorney General of the United States, in his discretion is authorized to pay an amount not to exceed $100,000 for information and services concerning a violation of subsection (a)(1). Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this subsection.

(h) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated.

(i) Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

(j) In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an official protected by this section.

(k) There is extraterritorial jurisdiction over the conduct prohibited by this section.

(Added Pub. L. 89–141, §1, Aug. 28, 1965, 79 Stat. 580; amended Pub. L. 97–285, §§3, 4(a), Oct. 6, 1982, 96 Stat. 1220; Pub. L. 103–322, title XXXII, §320101(e), title XXXIII, §§330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150; Pub. L. 104–294, title VI, §604(b)(12)(D), Oct. 11, 1996, 110 Stat. 3507.)

Editorial Notes

Amendments

1996—Subsec. (e). Pub. L. 104–294, §604(b)(12)(D), repealed Pub. L. 103–322, §320101(e)(1), (2). See 1994 Amendment notes below.

1994—Pub. L. 103–322, §330021(1), substituted "kidnapping" for "kidnaping" in section catchline.

Subsec. (e). Pub. L. 103–322, §330016(1)(K), substituted "fined under this title" for "fined not more than $5,000" after "subsection (a)(2) shall be".

Pub. L. 103–322, §330016(1)(L), substituted "fined under this title" for "fined not more than $10,000" after "subsection (a)(1) shall be" and after "results, shall be".

Pub. L. 103–322, §320101(e)(3), inserted "the assault involved the use of a dangerous weapon, or" before "personal injury results".

 Pub. L. 103–322, §320101(e)(2), which provided for amendment identical to Pub. L. 103–322, §330016(1)(K), above, was repealed by Pub. L. 104–294, §604(b)(12)(D).

Pub. L. 103–322, §320101(e)(1), which provided for amendment identical to Pub. L. 103–322, §330016(1)(L), above, was repealed by Pub. L. 104–294, §604(b)(12)(D).

1982—Pub. L. 97–285, §4(a), inserted "and Presidential staff" after "Presidential" in section catchline.

Subsec. (a). Pub. L. 97–285, §3(a), inserted "(1)" after "Whoever kills" and "or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President," after "laws of the United States".

Subsec. (e). Pub. L. 97–285, §3(b), substituted "(a)(1)" for "(a)" and inserted provision that whoever assaults any person designated in subsec. (a)(2) of this section shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

Subsec. (g). Pub. L. 97–285, §3(c), substituted "subsection (a)(1)" for "this section" after "a violation of".

Subsecs. (j), (k). Pub. L. 97–285, §3(d), added subsecs. (j) and (k).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.
18 U.S.C. § 1906 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 93 / Section 1906: Disclosure of information from a bank examination report
Disclosure of information from a bank examination report
Status: in_force

Whoever, being an examiner, public or private, or a Government Accountability Office employee with access to bank examination report information under section 714 of title 31, discloses the names of borrowers or the collateral for loans of any member bank of the Federal Reserve System, any bank insured by the Federal Deposit Insurance Corporation, any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, examined by him or subject to Government Accountability Office audit under section 714 of title 31 to other than the proper officers of such bank, branch, agency, or organization, without first having obtained the express permission in writing from the Comptroller of the Currency as to a national bank or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978), the Board of Governors of the Federal Reserve System as to a State member bank, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, or the Federal Deposit Insurance Corporation as to any other insured bank, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),,2 or from the board of directors of such bank or organization, except when ordered to do so by a court of competent jurisdiction, or by direction of the Congress of the United States, or either House thereof, or any committee of Congress or either House duly authorized or as authorized by section 714 of title 31 shall be fined under this title or imprisoned not more than one year or both.

(June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 95–320, §3, July 21, 1978, 92 Stat. 393; Pub. L. 97–258, §3(e)(1), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 101–647, title XXV, §2597(k), Nov. 29, 1990, 104 Stat. 4911; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Historical and Revision Notes

Based on section 594 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, §22 [second and third sentences of second paragraph], 38 Stat. 272, 273; Sept. 26, 1918, ch. 177, §5 [22(b), second paragraph], 40 Stat. 970; Aug. 23, 1935, ch. 614, §326(b), 49 Stat. 716).

Other provisions of section 594 of title 12, U.S.C., 1940 ed., Banks and Banking, were consolidated with similar provisions from other sections, to form section 1909 of this title.

Changes were made in phraseology.

Editorial Notes

References in Text

Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking.

Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (§601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, §142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

Section 3(s) of the Federal Deposit Insurance Act, referred to in text, is classified to section 1813(s) of Title 12.

Amendments

2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in two places.

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $5,000".

1990—Pub. L. 101–647 substituted "System, any bank insured" for "System, or bank insured" and inserted ", any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or section 25(a) of the Federal Reserve Act," after "by the Federal Deposit Insurance Corporation", "branch, agency, or organization," after "proper officers of such bank,", "or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978)" after "national bank", ", an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) of the Federal Reserve Act" after "as to a State member bank", ", including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act)," after "any other insured bank", and "or organization" after "board of directors of such bank".

1982—Pub. L. 97–258 substituted "section 714 of title 31" for "section 117(e) of the Accounting and Auditing Act of 1950" wherever appearing.

1978—Pub. L. 95–320 substituted "from a bank examination report" for "by bank examiner" in section catchline and, in text, substituted "public or private, or a General Accounting Office employee with access to bank examination report information under section 117(e) of the Accounting and Auditing Act of 1950, discloses" for "public or private, discloses", "examined by him or subject to General Accounting Office audit under section 117(e) of the Accounting and Auditing Act of 1950 to other than" for ", examined by him, to other than", and "either House duly authorized or as authorized by section 117(e) of the Accounting and Auditing Act of 1950 shall be fined" for "either House duly authorized, shall be fined".

Executive Documents

Exception as to Transfer of Functions

Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, were not included in transfer of functions of officers, agencies, and employees of Department of the Treasury to Secretary of the Treasury, made by Reorg. Plan No. 26, of 1950, §1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

1 See References in Text note below.

2 So in original.
18 U.S.C. § 1835 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 90 / Section 1835: Orders to preserve confidentiality
Orders to preserve confidentiality
Status: in_force

(a) In General.—In any prosecution or other proceeding under this chapter, the court shall enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of trade secrets, consistent with the requirements of the Federal Rules of Criminal and Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. An interlocutory appeal by the United States shall lie from a decision or order of a district court authorizing or directing the disclosure of any trade secret.

(b) Rights of Trade Secret Owners.—The court may not authorize or direct the disclosure of any information the owner asserts to be a trade secret unless the court allows the owner the opportunity to file a submission under seal that describes the interest of the owner in keeping the information confidential. No submission under seal made under this subsection may be used in a prosecution under this chapter for any purpose other than those set forth in this section, or otherwise required by law. The provision of information relating to a trade secret to the United States or the court in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection, and the disclosure of information relating to a trade secret in connection with a prosecution under this chapter shall not constitute a waiver of trade secret protection unless the trade secret owner expressly consents to such waiver.

(Added Pub. L. 104–294, title I, §101(a), Oct. 11, 1996, 110 Stat. 3490; amended Pub. L. 114–153, §3(a)(2), May 11, 2016, 130 Stat. 382.)

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to this title.

The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to Title 28.

Amendments

2016—Pub. L. 114–153 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
18 U.S.C. § 925D (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 44 / Section 925D: Special assistant U.S. attorneys and cross-deputized attorneys
Special assistant U.S. attorneys and cross-deputized attorneys
Status: in_force

(a) In General.—In order to improve the enforcement of paragraphs (8) and (9) of section 922(g), the Attorney General may—

(1) appoint, in accordance with section 543 of title 28, qualified State, Tribal, territorial and local prosecutors and qualified attorneys working for the United States government to serve as special assistant United States attorneys for the purpose of prosecuting violations of such paragraphs; and

(2) deputize State, Tribal, territorial and local law enforcement officers for the purpose of enhancing the capacity of the agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in responding to and investigating violations of such paragraphs.

(b) Improve Intimate Partner and Public Safety.—The Attorney General shall—

(1) identify not fewer than 75 jurisdictions among States, territories and Tribes where there are high rates of firearms violence and threats of firearms violence against intimate partners and other persons protected under paragraphs (8) and (9) of section 922(g) and where local authorities lack the resources to address such violence;

(2) make such appointments as described in subsection (a) in jurisdictions where enhanced enforcement of such paragraphs is necessary to reduce firearms homicide and injury rates; and

(3) establish, in order to receive and expedite requests for assistance from State, Tribal, territorial, and local law enforcement agencies responding to intimate partner violence cases where such agencies have probable cause to believe that the offenders may be in violation of such paragraphs, points of contact within—

(A) each Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and

(B) each District Office of the United States Attorneys.

(c) Qualified Defined.—For purposes of this section, the term "qualified" means, with respect to an attorney, that the attorney is a licensed attorney in good standing with any relevant licensing authority.

(Added Pub. L. 117–103, div. W, title XI, §1103(a), Mar. 15, 2022, 136 Stat. 921.)

Statutory Notes and Related Subsidiaries

Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.
18 U.S.C. § 26 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 1 / Section 26: Definition of seaport
Definition of seaport
Status: in_force

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

(Added Pub. L. 109–177, title III, §302(c), Mar. 9, 2006, 120 Stat. 233.)
18 U.S.C. § 1170 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 53 / Section 1170: Illegal trafficking in Native American human remains and cultural items
Illegal trafficking in Native American human remains and cultural items
Status: in_force

(a) Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit, the human remains of a Native American without the right of possession to those remains as provided in the Native American Graves Protection and Repatriation Act shall be fined in accordance with this title, or imprisoned not more than 1 year and 1 day, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 10 years, or both.

(b) Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act shall be fined in accordance with this title, imprisoned not more than one year, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, imprisoned not more than 10 years, or both.

(Added Pub. L. 101–601, §4(a), Nov. 16, 1990, 104 Stat. 3052; amended Pub. L. 103–322, title XXXIII, §330010(4), Sept. 13, 1994, 108 Stat. 2143; Pub. L. 117–258, §4, Dec. 21, 2022, 136 Stat. 2374.)

Editorial Notes

References in Text

The Native American Graves Protection and Repatriation Act, referred to in text, is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 25 and Tables.

Amendments

2022—Subsec. (a). Pub. L. 117–258 substituted "1 year and 1 day" for "12 months" and "10 years" for "5 years".

Subsec. (b). Pub. L. 117–258, §4(1), substituted "10 years" for "5 years".

1994—Pub. L. 103–322 substituted "Illegal trafficking in Native American human remains and cultural items" for "Illegal Trafficking in Native American Human Remains and Cultural Items" in section catchline.
18 U.S.C. § 752 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 35 / Section 752: Instigating or assisting escape
Instigating or assisting escape
Status: in_force

(a) Whoever rescues or attempts to rescue or instigates, aids or assists the escape, or attempt to escape, of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution or facility by his direction, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or, if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both.

(b) Whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempted escape of any person in the custody of the Attorney General or his authorized representative, or of any person arrested upon a warrant or other process issued under any law of the United States or from any institution or facility in which he is confined by direction of the Attorney General, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person's eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034 of this title, be fined under this title or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 735; May 28, 1956, ch. 331, 70 Stat. 216; Pub. L. 88–251, §2, Dec. 30, 1963, 77 Stat. 834; Pub. L. 89–176, §3, Sept. 10, 1965, 79 Stat. 675; Pub. L. 100–690, title VII, §7055, Nov. 18, 1988, 102 Stat. 4402; Pub. L. 103–322, title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–273, div. B, title IV, §4002(d)(1)(D), Nov. 2, 2002, 116 Stat. 1809.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§246, 247, 252, 661, 662c, 753i, 910 (R.S. §5277; Mar. 4, 1909, ch. 321, §§141, 143, 35 Stat. 1114; May 14, 1930, ch. 274, §10, 46 Stat. 327; May 27, 1930, ch. 339, §10, 46 Stat. 390; Mar. 22, 1934, ch. 73, §2, 48 Stat. 455; May 18, 1934, ch. 303, §1, 48 Stat. 782).

Section consolidated escape and rescue provisions of sections 246, 247, 252, 661, 662c, 753i, and 910 of title 18, U.S.C., 1940 ed. Remaining provisions of those sections are in sections 1071, 1072, 1502, 1792, 3183, and 3195 of this title.

No two sections provided the same punishment. Every section except said section 252 made the offense a misdemeanor by providing for fines varying from $500 to $1,000 and terms of imprisonment varying from 6 months to 1 year. Said section 252, representing the latest expression by Congress, provided for 10 years' imprisonment.

The punishment provision was adopted from section 751 of this title, which makes it unlawful for a prisoner to escape from his place of confinement. Thus the same punishment would apply to the person aiding in an escape as to the person escaping.

The language of this section reconciles the conflict by adopting a penalty which is a compromise between the varying provisions.

Reference to "extradition" was inserted to avoid ambiguity and to harmonize section with section 751 of this title.

References to "force" were omitted as well as those to "officer" or "custody." See definition of "Rescue," Black's Law Dictionary, citing 4 Bl. Comm. 131.

Changes were made in phraseology.

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–273 substituted "or conviction of any offense, be fined under this title" for "or conviction of any offense, be fined not more than $5,000".

1994—Subsecs. (a), (b). Pub. L. 103–322 substituted "fined under this title" for "fined not more than $1,000".

1988—Subsec. (a). Pub. L. 100–690 inserted ", or for exclusion or expulsion proceedings under the immigration laws," after "extradition".

1965—Pub. L. 89–176 inserted "or facility" after "institution".

1963—Pub. L. 88–251 designated existing provisions as subsec. (a) and added subsec. (b).

1956—Act May 28, 1956, inserted ", or attempt to escape," after "escape".
18 U.S.C. § 3282 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 213 / Section 3282: Offenses not capital
Offenses not capital
Status: in_force

(a) In General.—Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.

(b) DNA Profile Indictment.—

(1) In general.—In any indictment for an offense under chapter 109A for which the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile.

(2) Exception.—Any indictment described under paragraph (1), which is found not later than 5 years after the offense under chapter 109A is committed, shall not be subject to—

(A) the limitations period described under subsection (a); and

(B) the provisions of chapter 208 until the individual is arrested or served with a summons in connection with the charges contained in the indictment.

(3) Defined term.—For purposes of this subsection, the term "DNA profile" means a set of DNA identification characteristics.

(June 25, 1948, ch. 645, 62 Stat. 828; Sept. 1, 1954, ch. 1214, §12(a), formerly §10(a), 68 Stat. 1145; renumbered Pub. L. 87–299, §1, Sept. 26, 1961, 75 Stat. 648; Pub. L. 108–21, title VI, §610(a), Apr. 30, 2003, 117 Stat. 692.)

Historical and Revision Notes

Based on section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, and on title 18, U.S.C., 1940 ed., §582 (R.S. §1044; Apr. 13, 1876, ch. 56, 19 Stat. 32; Nov. 17, 1921, ch. 124, §1, 42 Stat. 220; Dec. 27, 1927, ch. 6, 45 Stat. 51; Oct. 14, 1940, ch. 876, title I, subchap. III, §346(g), 54 Stat. 1167).

Section 582 of title 18, U.S.C., 1940 ed., and section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, were consolidated. "Except as otherwise expressly provided by law" was inserted to avoid enumeration of exceptive provisions.

The proviso contained in the act of 1927 "That nothing herein contained shall apply to any offense for which an indictment has been heretofore found or an information instituted, or to any proceedings under any such indictment or information," was omitted as no longer necessary.

In the consolidation of these sections the 5-year period of limitation for violations of the Nationality Code, provided for in said section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, is reduced to 3 years. There seemed no sound basis for considering 3 years adequate in the case of heinous felonies and gross frauds against the United States but inadequate for misuse of a passport or false statement to a naturalization examiner.

Editorial Notes

Amendments

2003—Pub. L. 108–21 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1954—Act Sept. 1, 1954, changed the limitation period from three years to five years.

Statutory Notes and Related Subsidiaries

Effective Date of 1954 Amendment

Act Sept. 1, 1954, ch. 1214, §12(b), formerly section 10(b), 68 Stat. 1145, as renumbered by Pub. L. 87–299, §1, Sept. 26, 1961, 75 Stat. 648, provided that: "The amendment made by subsection (a) [amending this section] shall be effective with respect to offenses (1) committed on or after September 1, 1954, or (2) committed prior to such date, if on such date prosecution therefor is not barred by provisions of law in effect prior to such date."

Fugitives From Justice

Statutes of limitations as not extending to persons fleeing from justice, see section 3290 of this title.

Offenses Against Internal Security

Limitation period in connection with offenses against internal security, see section 783 of Title 50, War and National Defense.

Sections 792, 793, and 794 of This Title; Limitation Period

Limitation period in connection with sections 792, 793, and 794 of this title, see note set out under section 792.
18 U.S.C. § 704 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 33 / Section 704: Military medals or decorations
Military medals or decorations
Status: in_force

(a) In General.—Whoever knowingly purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

(b) Fraudulent Representations About Receipt of Military Decorations or Medals.—Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, or both.

(c) Enhanced Penalty for Offenses Involving Congressional Medal of Honor.—

(1) In general.—If a decoration or medal involved in an offense under subsection (a) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

(2) Congressional medal of honor defined.—In this subsection, the term "Congressional Medal of Honor" means—

(A) a medal of honor awarded under section 7271, 8291, or 9271 of title 10 or section 491 1 of title 14;

(B) a duplicate medal of honor issued under section 7284, 8306, or 9284 of title 10 or section 504 1 of title 14; or

(C) a replacement of a medal of honor provided under section 7277, 8303, or 9277 of title 10 or section 501 1 of title 14.

(d) Enhanced Penalty for Offenses Involving Certain Other Medals.—

(1) In general.—If a decoration or medal involved in an offense described in subsection (a) is a distinguished-service cross awarded under section 7272 of title 10, a Navy cross awarded under section 8292 of title 10, an Air Force cross awarded under section 9272 of title 10, a silver star awarded under section 7276, 8294, or 9276 of title 10, a Purple Heart awarded under section 1129 of title 10, a combat badge, or any replacement or duplicate medal for such medal as authorized by law, in lieu of the punishment provided in the applicable subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

(2) Combat badge defined.—In this subsection, the term "combat badge" means a Combat Infantryman's Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.

(June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, §16, 63 Stat. 92; Pub. L. 103–322, title XXXII, §320109, title XXXIII, §330016(1)(E), Sept. 13, 1994, 108 Stat. 2113, 2146; Pub. L. 103–442, Nov. 2, 1994, 108 Stat. 4630; Pub. L. 104–294, title VI, §604(b)(16), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 107–107, div. A, title V, §553(e), Dec. 28, 2001, 115 Stat. 1117; Pub. L. 109–437, §3, Dec. 20, 2006, 120 Stat. 3266; Pub. L. 113–12, §2, June 3, 2013, 127 Stat. 448; Pub. L. 115–232, div. A, title VIII, §809(e)(1), Aug. 13, 2018, 132 Stat. 1841.)

Historical and Revision Notes

1948 Act

Based on section 1425 of title 10, U.S.C., 1940 ed., Army and Air Force (Feb. 24, 1923, ch. 110, 42 Stat. 1286; Apr. 21, 1928, ch. 392, 45 Stat. 437).

Section was made to cover the decorations and medals of the Navy Department as well as the War Department.

Minor changes were made in phraseology.

1949 Act

This section [section 16] clarifies the wording of section 704 of title 18, U.S.C., to embrace all service decorations awarded to members of the armed forces whether by the Army, Navy, Air Force, or other branch of such forces. (See note to sec. 5 [of 1949 Act, set out in Legislative History note under section 244 of title 18]).

Editorial Notes

References in Text

Sections 491, 501, and 504 of title 14, referred to in subsec. (c)(2), were redesignated sections 2732, 2745, and 2733, respectively, of title 14 by Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226, and references to sections 491, 501, and 504 of title 14 deemed to refer to such redesignated sections, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Amendments

2018—Subsec. (c)(2)(A). Pub. L. 115–232, §809(e)(1)(A)(i), substituted "section 7271, 8291, or 9271 of title 10" for "section 3741, 6241, or 8741 of title 10".

Subsec. (c)(2)(B). Pub. L. 115–232, §809(e)(1)(A)(ii), substituted "section 7284, 8306, or 9284 of title 10" for "section 3754, 6256, or 8754 of title 10".

Subsec. (c)(2)(C). Pub. L. 115–232, §809(e)(1)(A)(iii), substituted "section 7277, 8303, or 9277 of title 10" for "section 3747, 6253, or 8747 of title 10".

Subsec. (d)(1). Pub. L. 115–232, §809(e)(1)(B), substituted "section 7272 of title 10" for "section 3742 of title 10", "section 8292 of title 10" for "section 6242 of title 10", "section 9272 of title 10" for "section 8742 of section 10", and "section 7276, 8294, or 9276 of title 10" for "section 3746, 6244, or 8746 of title 10".

2013—Subsec. (a). Pub. L. 113–12, §2(a)(1), struck out "wears," after "Whoever knowingly".

Subsec. (b). Pub. L. 113–12, §2(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: "Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be fined under this title, imprisoned not more than six months, or both."

Subsec. (c)(1). Pub. L. 113–12, §2(c), struck out "or (b)" after "subsection (a)".

Subsec. (d). Pub. L. 113–12, §2(b), designated existing provisions as par. (1), inserted heading, inserted "a combat badge," after "1129 of title 10,", and added par. (2).

Subsec. (d)(1). Pub. L. 113–12, §2(c), struck out "or (b)" after "subsection (a)".

2006—Subsec. (a). Pub. L. 109–437, §3(a), substituted "purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value" for "manufactures, or sells".

Subsec. (b). Pub. L. 109–437, §3(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 109–437, §3(b)(1), (d)(1), redesignated subsec. (b) as (c) and inserted "Enhanced Penalty for Offenses Involving" before "Congressional Medal of Honor" in heading.

Subsec. (c)(1). Pub. L. 109–437, §3(b)(3), inserted "or (b)" after "subsection (a)".

Subsec. (c)(2). Pub. L. 109–437, §3(d)(2), added par. (2) and struck out former par. (2) which defined "sells" and "Congressional Medal of Honor".

Subsec. (d). Pub. L. 109–437, §3(c), added subsec. (d).

2001—Subsec. (b)(2)(B). Pub. L. 107–107 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "As used in this subsection, 'Congressional Medal of Honor' means a medal awarded under section 3741, 6241, or 8741 of title 10."

1996—Subsec. (a). Pub. L. 104–294 amended Pub. L. 103–322, §320109(1). See 1994 Amendment note below.

1994—Subsec. (a). Pub. L. 103–322, §§320109(2), 330016(1)(E), amended subsec. (a) identically, substituting "fined under this title" for "fined not more than $250".

Pub. L. 103–322, §320109(1), as amended by Pub. L. 104–294, §604(b)(16), designated existing provisions as subsec. (a) and inserted heading.

Subsec. (b). Pub. L. 103–322, §320109(3), added subsec. (b).

Subsec. (b)(2)(B). Pub. L. 103–442 inserted ", 6241, or 8741" after "3741".

1949—Act May 24, 1949, covered all service decorations awarded members of the armed forces by any of the armed services.

Statutory Notes and Related Subsidiaries

References to Sections of Title 14 as Redesignated by Pub. L. 115–282

Sections 491, 501, and 504 of title 14 redesignated sections 2732, 2745, and 2733, respectively, of title 14 by Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226, and references to sections 491, 501, and 504 of title 14 deemed to refer to such redesignated sections, see section 123(b)(1) of Pub. L. 115–282, set out as a note preceding section 101 of Title 14, Coast Guard.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

Effective Date of 1996 Amendment

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

Findings

Pub. L. 109–437, §2, Dec. 20, 2006, 120 Stat. 3266, provided that: "Congress makes the following findings:

"(1) Fraudulent claims surrounding the receipt of the Medal of Honor, the distinguished-service cross, the Navy cross, the Air Force cross, the Purple Heart, and other decorations and medals awarded by the President or the Armed Forces of the United States damage the reputation and meaning of such decorations and medals.

"(2) Federal law enforcement officers have limited ability to prosecute fraudulent claims of receipt of military decorations and medals.

"(3) Legislative action is necessary to permit law enforcement officers to protect the reputation and meaning of military decorations and medals."

1 See References in Text note below.
18 U.S.C. § 2311 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 113 / Section 2311: Definitions
Definitions
Status: in_force

As used in this chapter:

"Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or for flight in the air;

"Cattle" means one or more bulls, steers, oxen, cows, heifers, or calves, or the carcass or carcasses thereof;

"Livestock" means any domestic animals raised for home use, consumption, or profit, such as horses, pigs, llamas, goats, fowl, sheep, buffalo, and cattle, or the carcasses thereof;

"Money" means the legal tender of the United States or of any foreign country, or any counterfeit thereof;

"Motor vehicle" includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land but not on rails;

"Securities" 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; valid or blank motor vehicle title; certificate of interest in property, tangible or intangible; 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; 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, or any forged, counterfeited, or spurious representation of any of the foregoing;

"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;

"Value" means the face, par, or market value, whichever is the greatest, and the aggregate value of all goods, wares, and merchandise, securities, and money referred to in a single indictment shall constitute the value thereof.

"Vessel" means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.

(June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 87–371, §1, Oct. 4, 1961, 75 Stat. 802; Pub. L. 98–547, title II, §202, Oct. 25, 1984, 98 Stat. 2770; Pub. L. 103–322, title XXXII, §320912, Sept. 13, 1994, 108 Stat. 2128; Pub. L. 104–294, title VI, §604(b)(20), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 107–273, div. B, title IV, §4002(b)(8), Nov. 2, 2002, 116 Stat. 1808; Pub. L. 109–177, title III, §307(b)(1), Mar. 9, 2006, 120 Stat. 240.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§408, 414(b), (c), 417, 419a(a) (Oct. 29, 1919, ch. 89, §2(a), 41 Stat. 324; May 22, 1934, ch. 333, §§2(b), (c), 5, 48 Stat. 794, 795; Aug. 3, 1939, ch. 413, §3, 53 Stat. 1178; Aug. 18, 1941, ch. 366, §2(a), 55 Stat. 631; Sept. 24, 1945, ch. 383, §1, 59 Stat. 536).

The definitive provisions in each of said sections were separated therefrom and consolidated into this one section defining terms used in this chapter.

The definitions of "interstate or foreign commerce", contained in said section 408 and in sections 414(a) and 419a(b) of title 18, U.S.C., 1940 ed., are incorporated in section 10 of this title.

Other provisions of section 408 of title 18, U.S.C., 1940 ed., are incorporated in sections 2312 and 2313 of this title.

In the definition of "motor vehicle", words "designed for running on land but not on rails" were substituted for "not designed for running on rails" so as to conform with the ruling in the case of McBoyle v. U.S. (1931, 51 S. Ct. 340, 283, U. S. 25, 75 L. Ed. 816), in which the Supreme Court held that "vehicle" is limited to vehicles running on land and that motor vehicle does not include an airplane.

In the paragraph defining "value" which came from said section 417 of title 18, U.S.C., 1940 ed., words "In the event that a defendant is charged in the same indictment with two or more violations of sections 413–419 of this title, then" were omitted and the same meaning was preserved by the substitution of the words "a single" for the word "such."

Minor changes were made in phraseology.

Editorial Notes

Amendments

2006—Pub. L. 109–177 inserted definition of "Vessel".

2002—Pub. L. 107–273 substituted semicolon for period at end of third par.

1996—Pub. L. 104–294 substituted "Livestock" for "livestock" in third par.

1994—Pub. L. 103–322 inserted definition of "livestock".

1984—Pub. L. 98–547 inserted "valid or blank motor vehicle title;" in definition of "Securities".

1961—Pub. L. 87–371 inserted definition of "Tax stamp".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

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

Short Title of 2004 Amendment

Pub. L. 108–482, title I, §101, Dec. 23, 2004, 118 Stat. 3912, provided that: "This title [amending section 2318 of this title and enacting provisions set out as a note under section 2318 of this title] may be cited as the 'Anti-counterfeiting Amendments Act of 2004'."

Short Title of 1997 Amendment

Pub. L. 105–147, §1, Dec. 16, 1997, 111 Stat. 2678, provided that: "This Act [amending sections 2319 to 2320 of this title, sections 101, 506, and 507 of Title 17, Copyrights, and section 1498 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as a note under section 994 of Title 28] may be cited as the 'No Electronic Theft (NET) Act'."

Short Title of 1996 Amendment

Pub. L. 104–153, §1, July 2, 1996, 110 Stat. 1386, provided that: "This Act [amending sections 1961, 2318, and 2320 of this title, sections 1116 and 1117 of Title 15, Commerce and Trade, section 603 of Title 17, Copyrights, sections 1431, 1484, and 1526 of Title 19, Customs Duties, and section 80302 of Title 49, Transportation, and enacting provisions set out as notes under this section and section 1431 of Title 19] may be cited as the 'Anticounterfeiting Consumer Protection Act of 1996'."

Short Title of 1992 Amendment

Pub. L. 102–519, §1, Oct. 25, 1992, 106 Stat. 3384, provided that: "This Act [enacting sections 2119 and 2322 of this title, sections 2026a to 2026c and 2041 to 2044 of Title 15, Commerce and Trade, sections 1646b and 1646c of Title 19, Customs Duties, and sections 3750a to 3750d of Title 42, The Public Health and Welfare, amending sections 553, 981, 982, 2312, and 2313 of this title, sections 2021 to 2023, 2025, 2027, and 2034 of Title 15, and enacting provisions set out as notes under section 2119 of this title, sections 2026a, 2026b, and 2041 of Title 15, and section 1646b of Title 19] may be cited as the 'Anti Car Theft Act of 1992'."

Short Title of 1984 Amendments

Pub. L. 98–547, §1(a), Oct. 25, 1984, 98 Stat. 2754, provided that: "This Act [enacting sections 511, 512, 553, and 2320 [now 2321] of this title, sections 2021 to 2034 of Title 15, Commerce and Trade, and section 1627 of Title 19, Customs Duties, amending this section, sections 1961 and 2313 of this title, and section 1901 of Title 15, and enacting provisions set out as a note under section 2021 of Title 15] may be cited as the 'Motor Vehicle Theft Law Enforcement Act of 1984'."

Pub. L. 98–473, title II, §1501, Oct. 12, 1984, 98 Stat. 2178, provided that: "This chapter [chapter XV (§§1501–1503) of title II of Pub. L. 98–473, enacting section 2320 of this title and amending sections 1116, 1117, and 1118 of Title 15, Commerce and Trade] may be cited as the 'Trademark Counterfeiting Act of 1984'."

Short Title of 1982 Amendment

Pub. L. 97–180, §1, May 24, 1982, 96 Stat. 91, provided: "That this Act [enacting section 2319 of this title and amending section 2318 of this title and section 506 of Title 17, Copyrights] may be cited as the 'Piracy and Counterfeiting Amendments Act of 1982'."

Counterfeiting of Trademarked and Copyrighted Merchandise; Congressional Statement of Findings

Pub. L. 104–153, §2, July 2, 1996, 110 Stat. 1386, provided that: "The counterfeiting of trademarked and copyrighted merchandise—

"(1) has been connected with organized crime;

"(2) deprives legitimate trademark and copyright owners of substantial revenues and consumer goodwill;

"(3) poses health and safety threats to United States consumers;

"(4) eliminates United States jobs; and

"(5) is a multibillion-dollar drain on the United States economy."

Congressional Declaration of Purpose of 1984 Amendment

Pub. L. 98–547, §2, Oct. 25, 1984, 98 Stat. 2754, provided that: "It is the purpose of this Act [see Short Title of 1984 Amendments note above]—

"(1) to provide for the identification of certain motor vehicles and their major replacement parts to impede motor vehicle theft;

"(2) to augment the Federal criminal penalties imposed upon persons trafficking in stolen motor vehicles;

"(3) to encourage decreases in premiums charged consumers for motor vehicle theft insurance; and

"(4) to reduce opportunities for exporting or importing stolen motor vehicles and off-highway mobile equipment."
18 U.S.C. § 1584 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 77 / Section 1584: Sale into involuntary servitude
Sale into involuntary servitude
Status: in_force

(a) Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.

(b) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties described in subsection (a).

(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title II, §218(a), Sept. 30, 1996, 110 Stat. 3009–573; Pub. L. 106–386, div. A, §112(a)(1), Oct. 28, 2000, 114 Stat. 1486; Pub. L. 110–457, title II, §222(b)(2), Dec. 23, 2008, 122 Stat. 5068.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§423, 446 (Mar. 4, 1909, ch. 321, §§248, 271, 35 Stat. 1139, 1142).

Sections consolidated with changes of phraseology necessary to effect consolidation.

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

Provisions as to holding of kidnapped persons were omitted as superseded by section 1201 of this title and original text relating to sale or holding to involuntary servitude retained.

Words "within the United States" were substituted for "within the jurisdiction of the United States". (See section 5 of this title defining "United States".)

The punishment provisions were derived from section 446 of title 18, U.S.C., 1940 ed., as more consistent with other sections of this chapter.

The requirement of section 423 of title 18, U.S.C., 1940 ed., for payment of one-half the fine "for the use of the person prosecuting the indictment to effect" was omitted as meaningless. (See also reviser's note under section 1585 of this title.)

Mandatory-punishment provisions were rephrased in the alternative.

Minor changes were made in phraseology.

Editorial Notes

Amendments

2008—Pub. L. 110–457 designated existing provisions as subsec. (a) and added subsec. (b).

2000—Pub. L. 106–386 substituted "20 years" for "10 years" and inserted at end "If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both."

1996—Pub. L. 104–208 substituted "10 years" for "five years".

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $5,000".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 applicable with respect to offenses occurring on or after Sept. 30, 1996, see section 218(d) of Pub. L. 104–208, set out as a note under section 1581 of this title.
18 U.S.C. § 3115 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 205 / Section 3115: Inventory upon execution and return of search warrant-(Rule)
Inventory upon execution and return of search warrant-(Rule)
Status: in_force

See Federal Rules of Criminal Procedure

Inventory of property seized under search warrant and copies to persons affected, Rule 41(d).

(June 25, 1948, ch. 645, 62 Stat. 820.)
18 U.S.C. § 2709 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 121 / Section 2709: Counterintelligence access to telephone toll and transactional records
Counterintelligence access to telephone toll and transactional records
Status: in_force

(a) Duty to Provide.—A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the Director of the Federal Bureau of Investigation under subsection (b) of this section.

(b) Required Certification.—The Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may, using a term that specifically identifies a person, entity, telephone number, or account as the basis for a request—

(1) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and

(2) request the name, address, and length of service of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

(c) Prohibition of Certain Disclosure.—

(1) Prohibition.—

(A) In general.—If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no wire or electronic communication service provider that receives a request under subsection (b), or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under this section.

(B) Certification.—The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in—

(i) a danger to the national security of the United States;

(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;

(iii) interference with diplomatic relations; or

(iv) danger to the life or physical safety of any person.

(2) Exception.—

(A) In general.—A wire or electronic communication service provider that receives a request under subsection (b), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—

(i) those persons to whom disclosure is necessary in order to comply with the request;

(ii) an attorney in order to obtain legal advice or assistance regarding the request; or

(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.

(B) Application.—A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (b) in the same manner as the person to whom the request is issued.

(C) Notice.—Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement.

(D) Identification of disclosure recipients.—At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

(d) Judicial Review.—

(1) In general.—A request under subsection (b) or a nondisclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511.

(2) Notice.—A request under subsection (b) shall include notice of the availability of judicial review described in paragraph (1).

(e) Dissemination by Bureau.—The Federal Bureau of Investigation may disseminate information and records obtained under this section only as provided in guidelines approved by the Attorney General for foreign intelligence collection and foreign counterintelligence investigations conducted by the Federal Bureau of Investigation, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the authorized responsibilities of such agency.

(f) Requirement That Certain Congressional Bodies Be Informed.—On a semiannual basis the Director of the Federal Bureau of Investigation shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all requests made under subsection (b) of this section.

(g) Libraries.—A library (as that term is defined in section 213(1) of the Library Services and Technology Act (20 U.S.C. 9122(1)), the services of which include access to the Internet, books, journals, magazines, newspapers, or other similar forms of communication in print or digitally by patrons for their use, review, examination, or circulation, is not a wire or electronic communication service provider for purposes of this section, unless the library is providing the services defined in section 2510(15) ("electronic communication service") of this title.

(Added Pub. L. 99–508, title II, §201[(a)], Oct. 21, 1986, 100 Stat. 1867; amended Pub. L. 103–142, Nov. 17, 1993, 107 Stat. 1491; Pub. L. 104–293, title VI, §601(a), Oct. 11, 1996, 110 Stat. 3469; Pub. L. 107–56, title V, §505(a), Oct. 26, 2001, 115 Stat. 365; Pub. L. 109–177, title I, §116(a), Mar. 9, 2006, 120 Stat. 213; Pub. L. 109–178, §§4(b), 5, Mar. 9, 2006, 120 Stat. 280, 281; Pub. L. 114–23, title V, §§501(a), 502(a), 503(a), June 2, 2015, 129 Stat. 282, 283, 289.)

Editorial Notes

Amendments

2015—Subsec. (b). Pub. L. 114–23, §501(a), substituted "may, using a term that specifically identifies a person, entity, telephone number, or account as the basis for a request" for "may" in introductory provisions.

Subsec. (c). Pub. L. 114–23, §502(a), added subsec. (c) and struck out former subsec. (c) which related to prohibition of certain disclosure.

Subsecs. (d) to (g). Pub. L. 114–23, §503(a), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.

2006—Subsec. (c). Pub. L. 109–177 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "No wire or electronic communication service provider, or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under this section."

Subsec. (c)(4). Pub. L. 109–178, §4(b), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance."

Subsec. (f). Pub. L. 109–178, §5, added subsec. (f).

2001—Subsec. (b). Pub. L. 107–56, §505(a)(1), inserted "at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director" after "Deputy Assistant Director" in introductory provisions.

Subsec. (b)(1). Pub. L. 107–56, §505(a)(2), struck out "in a position not lower than Deputy Assistant Director" after "(or his designee" and substituted "made that the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and" for "made that—

"(A) the name, address, length of service, and toll billing records sought are relevant to an authorized foreign counterintelligence investigation; and

"(B) there are specific and articulable facts giving reason to believe that the person or entity to whom the information sought pertains is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and".

Subsec. (b)(2). Pub. L. 107–56, §505(a)(3), struck out "in a position not lower than Deputy Assistant Director" after "(or his designee" and substituted "made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States." for "made that—

"(A) the information sought is relevant to an authorized foreign counterintelligence investigation; and

"(B) there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person or entity have been used, through the services of such provider, in communication with—

"(i) an individual who is engaging or has engaged in international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States; or

"(ii) a foreign power or an agent of a foreign power under circumstances giving reason to believe that the communication concerned international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States."

1996—Subsec. (b)(1). Pub. L. 104–293 inserted "local and long distance" before "toll billing records".

1993—Subsec. (b). Pub. L. 103–142, §1, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Required Certification.—The Director of the Federal Bureau of Investigation (or an individual within the Federal Bureau of Investigation designated for this purpose by the Director) may request any such information and records if the Director (or the Director's designee) certifies in writing to the wire or electronic communication service provider to which the request is made that—

"(1) the information sought is relevant to an authorized foreign counterintelligence investigation; and

"(2) there are specific and articulable facts giving reason to believe that the person or entity to whom the information sought pertains is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)."

Subsec. (e). Pub. L. 103–142, §2, inserted ", and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate," after "Senate".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 21, 1986, and, in the case of conduct pursuant to a court order or extension, applicable only with respect to court orders or extensions made after such effective date, see section 202 of Pub. L. 99–508, set out as a note under section 2701 of this title.
18 U.S.C. § 2332c (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 113B / Section 2332c: Repealed. Pub. L. 105-277, div. I, title II, §201(c)(1), Oct. 21, 1998, 112 Stat. 2681-871
Repealed. Pub. L. 105-277, div. I, title II, §201(c)(1), Oct. 21, 1998, 112 Stat. 2681-871
Status: repealed

[§2332c. Repealed. Pub. L. 105–277, div. I, title II, §201(c)(1), Oct. 21, 1998, 112 Stat. 2681–871]

Section, added Pub. L. 104–132, title V, §521(a), Apr. 24, 1996, 110 Stat. 1286, related to use of chemical weapons.
18 U.S.C. § 1513 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 73 / Section 1513: Retaliating against a witness, victim, or an informant
Retaliating against a witness, victim, or an informant
Status: in_force

(a)(1) Whoever kills or attempts to kill another person with intent to retaliate against any person for—

(A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(B) providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings,

shall be punished as provided in paragraph (2).

(2) The punishment for an offense under this subsection is—

(A) in the case of a killing, the punishment provided in sections 1111 and 1112; and

(B) in the case of an attempt, imprisonment for not more than 30 years.

(b) Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for—

(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer;

or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(c) If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(d) There is extraterritorial Federal jurisdiction over an offense under this section.

(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.

(f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

(g) A prosecution under this section may be brought in the district in which the official proceeding (whether pending, about to be instituted, or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred.

(Added Pub. L. 97–291, §4(a), Oct. 12, 1982, 96 Stat. 1250; amended Pub. L. 103–322, title VI, §60017, title XXXIII, §330016(1)(U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L. 104–214, §1(1), Oct. 1, 1996, 110 Stat. 3017; Pub. L. 107–204, title XI, §1107(a), July 30, 2002, 116 Stat. 810; Pub. L. 107–273, div. B, title III, §3001(b), (c)(2), title IV, §4002(b)(4), Nov. 2, 2002, 116 Stat. 1804, 1807; Pub. L. 110–177, title II, §§204, 206, Jan. 7, 2008, 121 Stat. 2537.)

Editorial Notes

Amendments

2008—Subsec. (a)(1)(B). Pub. L. 110–177, §206(1), inserted comma after "probation" and struck out comma after "release,".

Subsec. (a)(2)(B). Pub. L. 110–177, §206(2), substituted "30 years" for "20 years".

Subsec. (b). Pub. L. 110–177, §206(3)(B), substituted "20 years" for "ten years" in concluding provisions.

Subsec. (b)(2). Pub. L. 110–177, §206(3)(A), inserted comma after "probation" and struck out comma after "release,".

Subsecs. (e), (f). Pub. L. 110–177, §206(4), redesignated subsec. (e) relating to conspiracy to commit any offense under this section as (f).

Subsec. (g). Pub. L. 110–177, §204, added subsec. (g).

2002—Subsecs. (a)(1)(B), (b)(2). Pub. L. 107–273, §3001(c)(2), inserted "supervised release," after "probation".

Subsec. (d). Pub. L. 107–273, §4002(b)(4), transferred subsec. (d) to appear after subsec. (c).

Subsec. (e). Pub. L. 107–273, §3001(b), added subsec. (e) relating to conspiracy to commit any offense under this section.

Pub. L. 107–204 added subsec. (e) relating to taking of action harmful to any person for providing law enforcement officer truthful information relating to commission of offense.

1996—Subsec. (c). Pub. L. 104–214, §1(1)(B), added subsec. (c) at end.

Pub. L. 104–214, §1(1)(A), redesignated subsec. (c) as (d).

Subsec. (d). Pub. L. 104–214, §1(1)(A), redesignated subsec. (c) as (d).

1994—Subsec. (a). Pub. L. 103–322, §60017(2), added subsec. (a). Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 103–322, §330016(1)(U), substituted "fined under this title" for "fined not more than $250,000" in concluding provisions.

Pub. L. 103–322, §60017(1), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 103–322, §60017(1), redesignated subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as a note under section 1512 of this title.
18 U.S.C. § 711a (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 33 / Section 711a: Repealed. Pub. L. 116-260, div. O, title X, §1002(6), Dec. 27, 2020, 134 Stat. 2155
Repealed. Pub. L. 116-260, div. O, title X, §1002(6), Dec. 27, 2020, 134 Stat. 2155
Status: repealed

[§711a. Repealed. Pub. L. 116–260, div. O, title X, §1002(6), Dec. 27, 2020, 134 Stat. 2155]

Section, added Pub. L. 93–318, §6, June 22, 1974, 88 Stat. 245; amended Pub. L. 103–322, title XXXIII, §330016(1)(E), Sept. 13, 1994, 108 Stat. 2146, penalized unauthorized use of the "Woodsy Owl" character, name, or slogan.
18 U.S.C. § 3599 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 228 / Section 3599: Counsel for financially unable defendants
Counsel for financially unable defendants
Status: in_force

(a)(1) Notwithstanding any other provision of law to the contrary, in every criminal action in which a defendant is charged with a crime which may be punishable by death, a defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services at any time either—

(A) before judgment; or

(B) after the entry of a judgment imposing a sentence of death but before the execution of that judgment;

shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with subsections (b) through (f).

(2) In any post conviction proceeding under section 2254 or 2255 of title 28, United States Code, seeking to vacate or set aside a death sentence, any defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with subsections (b) through (f).

(b) If the appointment is made before judgment, at least one attorney so appointed must have been admitted to practice in the court in which the prosecution is to be tried for not less than five years, and must have had not less than three years experience in the actual trial of felony prosecutions in that court.

(c) If the appointment is made after judgment, at least one attorney so appointed must have been admitted to practice in the court of appeals for not less than five years, and must have had not less than three years experience in the handling of appeals in that court in felony cases.

(d) With respect to subsections (b) and (c), the court, for good cause, may appoint another attorney whose background, knowledge, or experience would otherwise enable him or her to properly represent the defendant, with due consideration to the seriousness of the possible penalty and to the unique and complex nature of the litigation.

(e) Unless replaced by similarly qualified counsel upon the attorney's own motion or upon motion of the defendant, each attorney so appointed shall represent the defendant throughout every subsequent stage of available judicial proceedings, including pretrial proceedings, trial, sentencing, motions for new trial, appeals, applications for writ of certiorari to the Supreme Court of the United States, and all available post-conviction process, together with applications for stays of execution and other appropriate motions and procedures, and shall also represent the defendant in such competency proceedings and proceedings for executive or other clemency as may be available to the defendant.

(f) Upon a finding that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or the sentence, the court may authorize the defendant's attorneys to obtain such services on behalf of the defendant and, if so authorized, shall order the payment of fees and expenses therefor under subsection (g). No ex parte proceeding, communication, or request may be considered pursuant to this section unless a proper showing is made concerning the need for confidentiality. Any such proceeding, communication, or request shall be transcribed and made a part of the record available for appellate review.

(g)(1) Compensation shall be paid to attorneys appointed under this subsection 1 at a rate of not more than $125 per hour for in-court and out-of-court time. The Judicial Conference is authorized to raise the maximum for hourly payment specified in the 2 paragraph up to the aggregate of the overall average percentages of the adjustments in the rates of pay for the General Schedule made pursuant to section 5305 3 of title 5 on or after such date. After the rates are raised under the preceding sentence, such hourly range may be raised at intervals of not less than one year, up to the aggregate of the overall average percentages of such adjustments made since the last raise under this paragraph.

(2) Fees and expenses paid for investigative, expert, and other reasonably necessary services authorized under subsection (f) shall not exceed $7,500 in any case, unless payment in excess of that limit is certified by the court, or by the United States magistrate judge, if the services were rendered in connection with the case disposed of entirely before such magistrate judge, as necessary to provide fair compensation for services of an unusual character or duration, and the amount of the excess payment is approved by the chief judge of the circuit. The chief judge of the circuit may delegate such approval authority to an active or senior circuit judge.

(3) The amounts paid under this paragraph 4 for services in any case shall be disclosed to the public, after the disposition of the petition.

(Added Pub. L. 109–177, title II, §222(a), Mar. 9, 2006, 120 Stat. 231; amended Pub. L. 110–406, §12(c), Oct. 13, 2008, 122 Stat. 4294.)

Editorial Notes

Amendments

2008—Subsec. (g)(2). Pub. L. 110–406 inserted "or senior" after "active" in second sentence.

1 So in original. Probably should be "section".

2 So in original. Probably should be "this".

3 So in original. Probably should be "5303".

4 So in original. Probably should be "subsection".
18 U.S.C. § 2332a (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 113B / Section 2332a: Use of weapons of mass destruction
Use of weapons of mass destruction
Status: in_force

(a) Offense Against a National of the United States or Within the United States.—A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction—

(1) against a national of the United States while such national is outside of the United States;

(2) against any person or property within the United States, and

(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;

(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;

(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or

(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;

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

(4) against any property within the United States that is owned, leased, or used by a foreign government,

shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.

(b) Offense by National of the United States Outside of the United States.—Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.

(c) Definitions.—For purposes of this section—

(1) the term "national of the United States" has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));

(2) the term "weapon of mass destruction" means—

(A) any destructive device as defined in section 921 of this title;

(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

(C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title); or

(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and

(3) the term "property" includes all real and personal property.

(Added Pub. L. 103–322, title VI, §60023(a), Sept. 13, 1994, 108 Stat. 1980; amended Pub. L. 104–132, title V, §511(c), title VII, §725, Apr. 24, 1996, 110 Stat. 1284, 1300; Pub. L. 104–294, title VI, §605(m), Oct. 11, 1996, 110 Stat. 3510; Pub. L. 105–277, div. I, title II, §201(b)(1), Oct. 21, 1998, 112 Stat. 2681–871; Pub. L. 107–188, title II, §231(d), June 12, 2002, 116 Stat. 661; Pub. L. 108–458, title VI, §6802(a), (b), Dec. 17, 2004, 118 Stat. 3766, 3767.)

Editorial Notes

Amendments

2004—Pub. L. 108–458, §6802(b)(1), struck out "certain" before "weapons" in section catchline.

Subsec. (a). Pub. L. 108–458, §6802(b)(2), struck out "(other than a chemical weapon as that term is defined in section 229F)" after "mass destruction" in introductory provisions.

Subsec. (a)(2). Pub. L. 108–458, §6802(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "against any person within the United States, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce; or".

Subsec. (a)(4). Pub. L. 108–458, §6802(a)(2), (3), added par. (4).

Subsec. (b). Pub. L. 108–458, §6802(b)(3), struck out "(other than a chemical weapon (as that term is defined in section 229F))" after "mass destruction".

Subsec. (c)(3). Pub. L. 108–458, §6802(a)(4)–(6), added par. (3).

2002—Subsec. (a). Pub. L. 107–188, §231(d)(1), substituted "section 229F)—" for "section 229F), including any biological agent, toxin, or vector (as those terms are defined in section 178)—" in introductory provisions.

Subsec. (c)(2)(C). Pub. L. 107–188, §231(d)(2), substituted "a biological agent, toxin, or vector (as those terms are defined in section 178 of this title)" for "a disease organism".

1998—Pub. L. 105–277, §201(b)(1)(A), inserted "certain" before "weapons" in section catchline.

Subsec. (a). Pub. L. 105–277, §201(b)(1)(B), inserted "(other than a chemical weapon as that term is defined in section 229F)" after "weapon of mass destruction" in introductory provisions.

Subsec. (b). Pub. L. 105–277, §201(b)(1)(C), inserted "(other than a chemical weapon (as that term is defined in section 229F))" after "weapon of mass destruction".

1996—Subsec. (a). Pub. L. 104–132, §§511(c), 725(1)(A), (B), in heading, inserted "Against a National of the United States or Within the United States" after "Offense", and in introductory provisions, substituted ", without lawful authority, uses, threatens, or attempts" for "uses, or attempts" and inserted ", including any biological agent, toxin, or vector (as those terms are defined in section 178)" after "mass destruction".

Subsec. (a)(2). Pub. L. 104–132, §725(1)(C), inserted before semicolon at end ", and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce".

Subsec. (b). Pub. L. 104–132, §725(4), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (b)(2)(B). Pub. L. 104–132, §725(2), as amended by Pub. L. 104–294, §605(m), added subpar. (B) and struck out former subpar. (B) which read as follows: "poison gas;".

Subsec. (c). Pub. L. 104–132, §725(3), redesignated subsec. (b) as (c).
18 U.S.C. § 1725 (2024) — Title 18: CRIMES AND CRIMINAL PROCEDURE / Chapter 83 / Section 1725: Postage unpaid on deposited mail matter
Postage unpaid on deposited mail matter
Status: in_force

Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined under this title.

(June 25, 1948, ch. 645, 62 Stat. 784; Pub. L. 91–375, §6(j)(33), Aug. 12, 1970, 84 Stat. 780; Pub. L. 103–322, title XXXIII, §330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §321a (May 7, 1934, ch. 220, §2, 48 Stat. 667).

Reference to persons aiding or assisting was struck out as unnecessary since such persons are made principals by section 2 of this title.

Minor verbal changes were made.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $300".

1970—Pub. L. 91–375 substituted "Postal Service" for "Postmaster General".

Statutory Notes and Related Subsidiaries

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.