69–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–889 

CRIMINAL CODE IMPROVEMENT ACT OF 2015 

DECEMBER 23, 2016.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 4002] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 4002) to amend title 18, United States Code, to make various 

improvements in Federal criminal law, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 22 

Committee Consideration ........................................................................................ 22 

Committee Votes ...................................................................................................... 22 

Committee Oversight Findings ............................................................................... 22 

New Budget Authority and Tax Expenditures ...................................................... 22 

Congressional Budget Office Cost Estimate .......................................................... 22 

Duplication of Federal Programs ............................................................................ 24 

Disclosure of Directed Rule Makings ..................................................................... 24 

Performance Goals and Objectives ......................................................................... 24 

Advisory on Earmarks ............................................................................................. 24 

Section-by-Section Analysis .................................................................................... 24 

Changes in Existing Law Made by the Bill, as Reported ..................................... 25 

Purpose and Summary 

H.R. 4002, the ‘‘Criminal Code Improvement Act of 2015,’’ 

amends chapter 1 of title 18, U.S. Code (the Federal Criminal 

Code), in three significant ways. First, it reorganizes the general 

provisions that appear at the beginning of chapter 1, leaving the 


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1William R. Maurer & David Malmstrom, The Explosion of the Criminal Law and Its Cost 

to Individuals, Economic Opportunity, and Society, THE FEDERALIST SOCIETY (2010), available 

at http://www.fed-soc.org/doclib/20100125_CriminalLawCosts.pdf; see also John S. Baker, Jr., 

Legal Memorandum: Revisiting the Explosive Growth of Federal Crimes, THE HERITAGE FOUNDATION, No. 26 (Jun. 16, 2008), at 6. 

vast majority of them intact. Second, it provides a default mens rea 

standard that applies for all crimes prosecuted in Federal courts, 

unless another mens rea standard has been provided by law, including statutory and well-established case law. Third, it creates 

uniform definitions for several terms that are used frequently 

throughout title 18. 

Background and Need for the Legislation 

In early 2015, Chairman Goodlatte and Ranking Members Conyers created a Criminal Justice Reform Initiative at the Judiciary 

Committee, to address the significant Congressional interest in 

criminal justice reform from Members who do and do not serve on 

the Judiciary Committee. The purpose of the Initiative is to develop 

bipartisan legislation to address several facets of the Federal criminal justice system, including over-criminalization, sentencing reform, prison and reentry reform, protecting citizens through improved criminal procedures and policing strategies, and civil asset 

forfeiture reform. In addressing these issues, the Committee will 

rely on the work of the Over-Criminalization Task Force, which 

held nine hearings on a variety of criminal justice topics during the 

113th Congress, as well as the information provided to the Committee by interested Members during the Committee’s public listening session in June 2015. 

As part of the Initiative, and following up on the Task Force’s 

work, the Committee has reported several bills dealing with overcriminalization. H.R. 4002, the ‘‘Criminal Code Improvement Act of 

2015,’’ is a bill that makes several changes to title 18, U.S. Code 

(the Federal criminal code). The most high-profile change is the establishment of a default mens rea standard, which applies for all 

crimes prosecuted in Federal courts, unless another mens rea 

standard has been provided by law, including statutorily or via 

well-established case law. 

During the pendency of the Task Force, a common criticism leveled against the expansion of the Federal criminal code was that 

along with it has come an erosion of the mens rea requirement. 

Mens rea (‘‘guilty mind’’) is the state of mind the government, to 

secure a conviction, must prove that a defendant had when committing a crime. ‘‘Mens rea elements, such as specific intent, willful 

intent, and the knowledge of specific facts constituting the offense, 

are a part of nearly all common-law crimes.’’ 1 Common law required the convergence of harmful conduct (the actus reus) with a 

culpable mental state (mens rea) in order to find an individual 

guilty of a crime. 

Historically, most common law crimes prohibited conduct that 

was malum in se, meaning an inherently immoral act such as murder, arson, or rape. There were a smaller number of malum 

prohibitum offenses, where authorities and legislators had decided 

the conduct, though not inherently immoral, was nevertheless problematic and should be penalized. Today, however, with an ever-increasing labyrinth of Federal regulations, a far greater number of 


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2 Brian W. Walsh & Tiffany M. Joslyn, Without Intent: How Congress is Eroding the Criminal 

Intent Requirement in Federal Law, available at http://report.heritage.org/sr0077. 

new Federal crimes address conduct that is malum prohibitum— 

i.e., it is a crime merely because Congress has chosen to prohibit 

it via statute. 

Many Federal statutes also apply criminal penalties to violations 

of Federal regulations promulgated pursuant to the statute. Criminal penalties may therefore apply to infractions as minor as misfiled or unfiled paperwork, fishing without a permit, shipping items 

safely but in a manner inconsistent with Federal regulations, or 

other purely regulatory violations. Aside from the issues raised 

with exposing an individual to incarceration for a regulatory offense, many such provisions have departed from the traditional notion of mens rea by either requiring no mental state or much lower 

mental states to be proven. 

This erosion of mens rea calls into question the propriety of 

criminal prosecutions, particularly those that carry felony-level 

penalties, for conduct that lacks the traditional notions of criminal 

intent and is not inherently immoral. Charging someone with a 

crime when he was not aware that his conduct was illegal erodes 

public support and respect for the rule of law and promotes contempt for the legal system, as well as a lack of respect for authority. 

In April 2010, the Heritage Foundation and the National Association of Criminal Defense Lawyers published a report entitled 

Without Intent: How Congress is Eroding the Criminal Intent Requirement in Federal Law.2 This report presents the results of a 

study of legislation containing criminal offenses introduced in the 

109th Congress. 

The study examined whether Congress included meaningful 

mens rea requirements in the scores of non-violent and non-drug 

criminal offenses that Congress considered. The authors and their 

researchers analyzed the non-violent criminal offenses in 203 bills 

(128 from the House and 75 from the Senate) introduced during the 

course of the 109th Congress. Because many of the bills included 

more than one criminal offense meeting the study’s criteria, the 

number of criminal offenses included in the study (446) is greater 

than the number of bills. Each offense’s mens rea requirement was 

analyzed and graded as Strong, Moderate, Weak, or None. 

The study found that over 57 percent of the offenses considered 

by the 109th Congress contained mens rea requirements classified 

as ‘‘weak’’ or ‘‘none,’’ putting the innocent at risk of criminal punishment. This study also found consistently poor legislative drafting and broad delegation of Congress’s authority to make criminal 

laws to unelected officials in administrative agencies—that is, criminalization by regulation. Of the 203 bills studied, 13 (6.4 percent) 

were enacted into law, an enactment rate that is 45 percent higher 

than the rate for all bills introduced in the 109th Congress. 

The study identified three main causes of Congress’s failure to 

include meaningful mens rea requirements in criminal offenses. 

First, there is the fragmented and disjointed process for creating 

and modifying criminal offenses. Despite the House and Senate Judiciary Committees’ expertise and subject-matter jurisdiction, over 


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3The CRS memo is attached as Appendix A. 

half (52 percent) of the offenses noted in the study were not referred to either committee for oversight. 

Second is the number of proposed criminal offenses. Crafting offenses that properly channel the Federal Government’s power to 

impose criminal punishment demands substantial debate and deliberation. However, in the 109th Congress, so many bills (203) 

were proposed containing so many non-violent offenses (446) that 

it is unreasonable to expect any substantial proportion of these offenses could have received adequate legislative oversight and scrutiny. According to the study, these numbers would rise even higher 

if they included the enormous number of bills containing criminal 

offenses that concern firearms, possession or trafficking of drugs or 

pornography, immigration violations, and intentional violence. In 

2014, the Congressional Research Service reported that Congress 

enacted 403 new criminal offenses from 2008–2013, which brings 

the total number of statutory criminal offenses to nearly 5,000.3

Third, Congress’s choice to delegate its criminal lawmaking authority to executive agencies has grown more common. This study 

identified at least 63 offenses that, if enacted, would hand over this 

authority to unelected agency officials. That constitutes 14 percent 

of the offenses included in the study. The study’s totals and percentages do not account for the many additional criminal offenses 

that Federal agencies would be authorized to create in this manner. 

One encouraging finding of the study is that oversight by the 

House Judiciary Committee does improve the quality of mens rea 

requirements. ‘‘Oversight’’ refers to the committee marking up a 

bill or reporting it out of committee for consideration by the full 

House of Representatives. Based upon this analysis, and upon the 

specific criminal law jurisdiction and expertise of the House and 

Senate Judiciary Committees, automatic sequential referral of all 

bills adding or modifying criminal offenses to these two committees 

is likely to improve mens rea requirements. 

H.R. 4002 was produced by the Judiciary Committee, in part, in 

response to this important work. It makes a number of important 

changes to title 18 of the U.S. Code. This includes both substantive 

changes (such as clarifying the application of a default mens rea 

standard of ‘‘knowingly,’’ which will apply in cases where Federal 

criminal law, including longstanding statutory law and established 

case-law, does not provide a state of mind requirement for the particular offense) and ‘‘housekeeping’’ changes (such as the imposition 

of a single definition of the term ‘‘State,’’ and the elimination of additional, repetitive definitions). 

H.R. 4002 also provides that, in situations where a reasonable 

person in the same or similar circumstances would not know, or 

would not have reason to believe, that his conduct was unlawful, 

the Government must prove that the defendant knew, or had reason to believe, the conduct was unlawful. This provision will address the problem of inadequate criminal intent requirements in 

crimes created by agency regulation—or malum prohibitum crimes. 

H.R. 4002 is a very carefully crafted bill, which is intended to 

apply in narrow circumstances. Its intent is not to supersede existing intent requirements in Federal criminal statutes. Its intent is 


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not to require Federal courts to apply a ‘‘knowingly’’ standard in 

areas where the caselaw is settled. Its intent is not to impose a 

‘‘knowingly’’ requirement for every element of every statute. Rather, its intent is to impose a ‘‘knowingly’’ mens rea requirement in 

Federal statutes that do not currently contain such a provision, to 

protect American citizens who did not know or have reason to know 

that they were violating Federal law, and to curb strict liability 

criminalization. 


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APPENDIX A 


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Hearings 

The Committee on the Judiciary held no hearings on H.R. 4002. 

However, from June 2013 to August 2014, the Committee’s OverCriminalization Task Force held multiple hearings on criminal justice issues, including a hearing on the need for meaningful intent 

requirements in Federal criminal law on July 19, 2013. 

Committee Consideration 

On November 18, 2015, the Committee met in open session and 

ordered the bill H.R. 4002 favorably reported, without amendment, 

by voice vote, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

4002. 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 4002, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, Washington, DC, June 22, 2016. 

Hon. BOB GOODLATTE, CHAIRMAN, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4002, the ‘‘Criminal Code 

Improvement Act of 2015.’’ 


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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

KEITH HALL, 

DIRECTOR. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 4002—Criminal Code Improvement Act of 2015. 

As ordered reported by the House Committee on the Judiciary 

on November 18, 2015. 

CBO estimates that implementing H.R. 4002 would cost about $1 

million in fiscal year 2017 and less than $500,000 annually thereafter; such spending would be subject to the availability of appropriated funds. Enacting the bill also could affect direct spending 

and revenues; therefore, pay-as-you-go procedures apply. However, 

CBO estimates that any such effects would be insignificant in each 

year. CBO estimates that enacting H.R. 4002 would not increase 

net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

H.R. 4002 would require the Department of Justice (DOJ) to develop and maintain an inventory of all Federal criminal offenses 

and to make that information available to the public. Based on information from DOJ and the costs of similar activities, CBO estimates that implementing H.R. 4002 would cost about $1 million in 

fiscal year 2017 and less than $500,000 annually thereafter. 

H.R. 4002 also would establish a default requirement regarding 

state of mind, for Federal criminal offenses that do not already include such a requirement; prosecutors would need to demonstrate 

that those offenses were committed knowingly. Currently, successful prosecution of some Federal crimes requires proof of the defendant’s criminal intent when the crime occurred. Other Federal 

crimes do not require such proof; the legislation would affect prosecution of those crimes. Additionally, for conduct that a reasonable 

person would not know or have been expected to know was unlawful, the legislation would require proof that the defendant knew, or 

had reason to believe, the activity in question was unlawful in 

order to secure a conviction. 

Because H.R. 4002 would affect the prosecution of offenders subject to criminal fines, the bill could change the amount of fines collected by the government. Criminal fines are recorded as revenues, 

deposited in the Crime Victims Fund, and later spent without further appropriation action. CBO expects that any changes in revenues and subsequent direct spending would not be significant because the legislation probably would affect only a small number of 

cases. 

H.R. 4002 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of State, local, or tribal governments. 


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The CBO staff contacts for this estimate are Mark Grabowicz 

and Marin Burnett. The estimate was approved by H. Samuel 

Papenfuss, Deputy Assistant Director for Budget Analysis. 

Duplication of Federal Programs 

No provision of H.R. 4002 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H.R. 4002 specifically directs to be 

completed no specific rule makings within the meaning of 5 U.S.C. 

§ 551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 4002, the Criminal Code Improvement Act of 2015, amends chapter 1 of title 18, 

U.S. Code, by reorganizing the general provisions that appear at 

the beginning of chapter 1; providing a default mens rea standard 

that applies for all crimes prosecuted in Federal courts, unless another mens rea standard has been provided by law, including statutory and well-established case law; and creating uniform definitions 

for several terms that are used frequently throughout title 18. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 4002 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Section 1. Short Title. This section cites the short title of the bill 

as the ‘‘Criminal Code Improvement Act of 2015.’’ 

Section 2. Revision of General Provisions for Title 18, United 

States Code. This section amends chapter 1 of title 18, United 

States Code, in three significant ways: 

• First, it reorganizes the general provisions that appear at 

the beginning of chapter 1, leaving the vast majority of them 

intact. 

• Second, it creates a default mens rea standard of ‘‘knowingly,’’ which applies for all crimes prosecuted in Federal 

courts, unless another mens rea standard is articulated. 

• Third, it creates uniform definitions for several terms that 

are used frequently throughout title 18, including ‘‘State’’ 

and ‘‘serious bodily injury.’’ Those definitions will apply 

across title 18, unless otherwise provided. 


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Section 3. Conforming Amendments to Eliminate Repetition in the 

Definition of ‘‘State’’. This section eliminates the definition of 

‘‘State’’ in no fewer than 91 places in title 18, since section 2 establishes a universal definition for all of title 18. 

Section 4. Conforming Amendments to Eliminate Repetitious Definitions of ‘‘Serious Bodily Injury’’. This section eliminates the definition of ‘‘serious bodily injury’’ in no fewer than 20 places in title 

18, since section 2 establishes a universal definition for all of title 

18. In certain cases, however, it leaves definitions intact. For example, 18 U.S.C. § 2246 (containing the definitions for the sexual 

abuse chapter) includes ‘‘unconsciousness’’ in the definition. That 

definition remains intact. 

Section 5. Elimination of Outmoded References to the Canal Zone. 

This section eliminates three references to the Panama Canal Zone. 

The Panama Canal Zone was abolished on October 1, 1979, and the 

canal itself was turned over to the Republic of Panama on December 31, 1999. 

Section 6. Inventory and Index of Federal Criminal Offenses. This 

section requires that the Department of Justice develop, maintain, 

and keep up to date a current inventory and current subject matter 

index of all Federal criminal offenses, including violations of agency 

rules or regulations that by Federal statute constitute or define 

Federal criminal offenses. This section requires that the Attorney 

General develop this index within 1 year, and make it available to 

the public on the Internet and by any other means the Attorney 

General deems appropriate. 

Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 18, UNITED STATES CODE 

PART I—CRIMES 

* * * * * * * 

øCHAPTER 1—GENERAL PROVISIONS 

ø§ 2. Principals 

ø(a) Whoever commits an offense against the United States or 

aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. 

ø(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. 

ø§ 3. Accessory after the fact 

øWhoever, knowing that an offense against the United States 

has been committed, receives, relieves, comforts or assists the ofVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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fender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. 

øExcept as otherwise expressly provided by any Act of Congress, 

an accessory after the fact shall be imprisoned not more than onehalf the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory 

shall be imprisoned not more than 15 years. 

ø§ 4. Misprision of felony 

øWhoever, having knowledge of the actual commission of a felony 

cognizable by a court of the United States, conceals and does not 

as soon as possible make known the same to some judge or other 

person in civil or military authority under the United States, shall 

be fined under this title or imprisoned not more than three years, 

or both. 

ø§ 5. United States defined 

øThe term ‘‘United States’’, as used in this title in a territorial 

sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone. 

ø§ 6. Department and agency defined 

øAs used in this title: 

øThe term ‘‘department’’ means one of the executive departments 

enumerated in section 1 of Title 5, unless the context shows that 

such term was intended to describe the executive, legislative, or judicial branches of the government. 

øThe term ‘‘agency’’ includes any department, independent establishment, commission, administration, authority, board or bureau 

of the United States or any corporation in which the United States 

has a proprietary interest, unless the context shows that such term 

was intended to be used in a more limited sense. 

ø§ 7. Special maritime and territorial jurisdiction of the 

United States defined 

øThe term ‘‘special maritime and territorial jurisdiction of the 

United States’’, as used in this title, includes: 

ø(1) The high seas, any other waters within the admiralty 

and maritime jurisdiction of the United States and out of the 

jurisdiction of any particular State, and any vessel belonging 

in whole or in part to the United States or any citizen thereof, 

or to any corporation created by or under the laws of the 

United States, or of any State, Territory, District, or possession 

thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. 

ø(2) Any vessel registered, licensed, or enrolled under the 

laws of the United States, and being on a voyage upon the 

waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the 

same constitutes the International Boundary Line. 

ø(3) Any lands reserved or acquired for the use of the United 

States, and under the exclusive or concurrent jurisdiction 


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thereof, or any place purchased or otherwise acquired by the 

United States by consent of the legislature of the State in 

which the same shall be, for the erection of a fort, magazine, 

arsenal, dockyard, or other needful building. 

ø(4) Any island, rock, or key containing deposits of guano, 

which may, at the discretion of the President, be considered as 

appertaining to the United States. 

ø(5) Any aircraft belonging in whole or in part to the United 

States, or any citizen thereof, or to any corporation created by 

or under the laws of the United States, or any State, Territory, 

district, or possession thereof, while such aircraft is in flight 

over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of 

the jurisdiction of any particular State. 

ø(6) Any vehicle used or designed for flight or navigation in 

space and on the registry of the United States pursuant to the 

Treaty on Principles Governing the Activities of States in the 

Exploration and Use of Outer Space, Including the Moon and 

Other Celestial Bodies and the Convention on Registration of 

Objects Launched into Outer Space, while that vehicle is in 

flight, which is from the moment when all external doors are 

closed on Earth following embarkation until the moment when 

one such door is opened on Earth for disembarkation or in the 

case of a forced landing, until the competent authorities take 

over the responsibility for the vehicle and for persons and 

property aboard. 

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

States. 

ø(8) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from 

or arrival in the United States with respect to an offense committed by or against a national of the United States. 

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

of the Immigration and Nationality Act— 

ø(A) the premises of United States diplomatic, consular, 

military or other United States Government missions or 

entities in foreign States, including the buildings, parts of 

buildings, and land appurtenant or ancillary thereto or 

used for purposes of those missions or entities, irrespective 

of ownership; and 

ø(B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used 

for purposes of those missions or entities or used by 

United States personnel assigned to those missions or entities. 

Nothing in this paragraph shall be deemed to supersede any 

treaty or international agreement with which this paragraph 

conflicts. 

This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title. 


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

øThe term ‘‘obligation or other security of the United States’’ includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, 

United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts 

for money, drawn by or upon authorized officers of the United 

States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United 

States stamps. 

ø§ 9. Vessel of the United States defined 

øThe term ‘‘vessel of the United States’’, as used in this title, 

means a vessel belonging in whole or in part to the United States, 

or any citizen thereof, or any corporation created by or under the 

laws of the United States, or of any State, Territory, District, or 

possession thereof. 

ø§ 10. Interstate commerce and foreign commerce defined 

øThe term ‘‘interstate commerce’’, as used in this title, includes 

commerce between one State, Territory, Possession, or the District 

of Columbia and another State, Territory, Possession, or the District of Columbia. 

øThe term ‘‘foreign commerce’’, as used in this title, includes 

commerce with a foreign country. 

ø§ 11. Foreign government defined 

øThe term ‘‘foreign government’’, as used in this title except in 

sections 112, 878, 970, 1116, and 1201, includes any government, 

faction, or body of insurgents within a country with which the 

United States is at peace, irrespective of recognition by the United 

States. 

ø§ 12. United States Postal Service defined 

øAs used in this title, the term ‘‘Postal Service’’ means the 

United States Postal Service established under title 39, and every 

officer and employee of that Service, whether or not such officer or 

employee has taken the oath of office. 

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

ø(a) Whoever within or upon any of the places now existing or 

hereafter reserved or acquired as provided in section 7 of this title, 

or on, above, or below any portion of the territorial sea of the 

United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of 

Congress, would be punishable if committed or omitted within the 

jurisdiction of the State, Territory, Possession, or District in which 

such place is situated, by the laws thereof in force at the time of 

such act or omission, shall be guilty of a like offense and subject 

to a like punishment. 

ø(b)(1) Subject to paragraph (2) and for purposes of subsection (a) 

of this section, that which may or shall be imposed through judicial 


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or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under 

the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall 

apply only to the special maritime and territorial jurisdiction of the 

United States. 

ø(2)(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the 

punishment for such an offense under this section shall include an 

additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or 

if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if— 

ø(i) a minor (other than the offender) was present in the 

motor vehicle when the offense was committed; and 

ø(ii) the law of the State, territory, possession, or district in 

which the offense occurred does not provide an additional term 

of imprisonment under the circumstances described in clause 

(i). 

ø(B) For the purposes of subparagraph (A), the term ‘‘minor’’ 

means a person less than 18 years of age. 

ø(c) Whenever any waters of the territorial sea of the United 

States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace 

above and the seabed and subsoil below, and artificial islands and 

fixed structures erected thereon) shall be deemed, for purposes of 

subsection (a), to lie within the area of the State, Commonwealth, 

territory, possession, or district that it would lie within if the 

boundaries of such State, Commonwealth, territory, possession, or 

district were extended seaward to the outer limit of the territorial 

sea of the United States. 

ø§ 15. Obligation or other security of foreign government defined 

øThe term ‘‘obligation or other security of any foreign government’’ includes, but is not limited to, uncanceled stamps, whether 

or not demonetized. 

ø§ 16. Crime of violence defined 

øThe term ‘‘crime of violence’’ means— 

ø(a) an offense that has as an element the use, attempted 

use, or threatened use of physical force against the person or 

property of another, or 

ø(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the 

person or property of another may be used in the course of 

committing the offense. 

ø§ 17. Insanity defense 

ø(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense to a 

prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate 


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the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. 

ø(b) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence. 

ø§ 18. Organization defined 

øAs used in this title, the term ‘‘organization’’ means a person 

other than an individual. 

ø§ 19. Petty offense defined 

øAs used in this title, the term ‘‘petty offense’’ means a Class B 

misdemeanor, a Class C misdemeanor, or an infraction, for which 

the maximum fine is no greater than the amount set forth for such 

an offense in section 3571(b)(6) or (7) in the case of an individual 

or section 3571(c)(6) or (7) in the case of an organization. 

ø§ 20. Financial institution defined 

øAs used in this title, the term ‘‘financial institution’’ means— 

ø(1) an insured depository institution (as defined in section 

3(c)(2) of the Federal Deposit Insurance Act); 

ø(2) a credit union with accounts insured by the National 

Credit Union Share Insurance Fund; 

ø(3) a Federal home loan bank or a member, as defined in 

section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), 

of the Federal home loan bank system; 

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

ø(5) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 

U.S.C. 662); 

ø(6) a depository institution holding company (as defined in 

section 3(w)(1) of the Federal Deposit Insurance Act; 

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

ø(8) an organization operating under section 25 or section 

25(a) of the Federal Reserve Act; 

ø(9) a branch or agency of a foreign bank (as such terms are 

defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); or 

ø(10) a mortgage lending business (as defined in section 27 

of this title) or any person or entity that makes in whole or in 

part a federally related mortgage loan as defined in section 3 

of the Real Estate Settlement Procedures Act of 1974. 

ø§ 21. Stolen or counterfeit nature of property for certain 

crimes defined 

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

ø(1) any property was embezzled, robbed, stolen, converted, 

taken, altered, counterfeited, falsely made, forged, or obliterated; and 

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

such element may be established by proof that the defendant, after 

or as a result of an official representation as to the nature of the 

property, believed the property to be embezzled, robbed, stolen, 


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converted, taken, altered, counterfeited, falsely made, forged, or obliterated. 

ø(b) For purposes of this section, the term ‘‘official representation’’ means any representation made by a Federal law enforcement 

officer (as defined in section 115) or by another person at the direction or with the approval of such an officer. 

ø§ 23. Court of the United States defined 

øAs used in this title, except where otherwise expressly provided 

the term ‘‘court of the United States’’ includes the District Court 

of Guam, the District Court for the Northern Mariana Islands, and 

the District Court of the Virgin Islands. 

ø§ 24. Definitions relating to Federal health care offense 

ø(a) As used in this title, the term ‘‘Federal health care offense’’ 

means a violation of, or a criminal conspiracy to violate— 

ø(1) section 669, 1035, 1347, or 1518 of this title or section 

1128B of the Social Security Act (42 U.S.C. 1320a-7b); or 

ø(2) section 287, 371, 664, 666, 1001, 1027, 1341, 1343, 1349, 

or 1954 of this title section 301 of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 331), or section 501 of the Employee 

Retirement Income Security Act of 1974 (29 U.S.C. 1131), or 

section 411, 518, or 511 of the Employee Retirement Income 

Security Act of 1974,, if the violation or conspiracy relates to 

a health care benefit program. 

ø(b) As used in this title, the term ‘‘health care benefit program’’ 

means any public or private plan or contract, affecting commerce, 

under which any medical benefit, item, or service is provided to 

any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may 

be made under the plan or contract. 

ø§ 25. Use of minors in crimes of violence 

ø(a) DEFINITIONS.—In this section, the following definitions shall 

apply: 

ø(1) CRIME OF VIOLENCE.—The term ‘‘crime of violence’’ has 

the meaning set forth in section 16. 

ø(2) MINOR.—The term ‘‘minor’’ means a person who has not 

reached 18 years of age. 

ø(3) USES.—The term ‘‘uses’’ means employs, hires, persuades, induces, entices, or coerces. 

ø(b) PENALTIES.—Any person who is 18 years of age or older, who 

intentionally uses a minor to commit a crime of violence for which 

such person may be prosecuted in a court of the United States, or 

to assist in avoiding detection or apprehension for such an offense, 

shall— 

ø(1) for the first conviction, be subject to twice the maximum 

term of imprisonment and twice the maximum fine that would 

otherwise be authorized for the offense; and 

ø(2) for each subsequent conviction, be subject to 3 times the 

maximum term of imprisonment and 3 times the maximum 

fine that would otherwise be authorized for the offense. 


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ø§ 26. Definition of seaport 

øAs 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. 

ø§ 27. Mortgage lending business defined 

øIn this title, the term ‘‘mortgage lending business’’ means an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage companies and any 

subsidiaries of such organizations, and whose activities affect interstate or foreign commerce.¿ 

CHAPTER 1—GENERAL PROVISIONS 

Subchapter 

A. Definitions ................................................................................................. 1 

B. Principal and derivative criminal responsibility ............................ 5 

C. Criminal states of mind ......................................................................... 11 

D. Defenses ...................................................................................................... 15 

E. Derivation of offenses from relevant State offences in special jurisdiction ................................................................................................ 20 

F. Other General Provisions ....................................................................... 21 

SUBCHAPTER A—DEFINITIONS 

Sec. 

1. Definitions for title. 

§ 1. Definitions for title 

In this title, the following definitions apply unless otherwise provided: 

(1) The term ‘‘United States’’ when used in a territorial sense, 

includes all places and waters, continental or insular, subject 

to the jurisdiction of the United States. 

(2) The term ‘‘department’’ means one of the executive departments enumerated in section 1 of title 5, unless the context 

shows that such term was intended to describe the executive, 

legislative, or judicial branches of the Government. 

(3) The term ‘‘agency’’ includes any department, independent 

establishment, commission, administration, authority, board, or 

bureau of the United States or any corporation in which the 

United States has a proprietary interest, unless the context 

shows that such term was intended to be used in a more limited 

sense. 

(4) The term ‘‘State’’ means a State of the United States, the 

District of Columbia, or any commonwealth, territory, or possession of the United States. 

(5) The term ‘‘special maritime and territorial jurisdiction of 

the United States’’ is as follows: 

(A) The high seas, any other waters within the admiralty 

and maritime jurisdiction of the United States and out of 

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izen thereof, or to any corporation created by or under the 

laws of the United States, or of any State, when such vessel 

is within the admiralty and maritime jurisdiction of the 

United States and out of the jurisdiction of any particular 

State. 

(B) Any vessel registered, licensed, or enrolled under the 

laws of the United States, and being on a voyage upon the 

waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the 

same constitutes the International Boundary Line. 

(C) Any lands reserved or acquired for the use of the 

United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of 

the State in which the same shall be, for the erection of a 

fort, magazine, arsenal, dockyard, or other needful building. 

(D) Any island, rock, or key containing deposits of guano, 

which may, at the discretion of the President, be considered 

as appertaining to the United States. 

(E) Any aircraft belonging in whole or in part to the 

United States, or any citizen thereof, or to any corporation 

created by or under the laws of the United States, or any 

State, while such aircraft is in flight over the high seas, or 

over any other waters within the admiralty and maritime 

jurisdiction of the United States and out of the jurisdiction 

of any particular State. 

(F) Any vehicle used or designed for flight or navigation 

in space and on the registry of the United States pursuant 

to the Treaty on Principles Governing the Activities of 

States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, 

while that vehicle is in flight, which is from the moment 

when all external doors are closed on Earth following embarkation until the moment when one such door is opened 

on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard. 

(G) Any place outside the jurisdiction of any nation with 

respect to an offense by or against a national of the United 

States. 

(H) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure 

from or arrival in the United States with respect to an offense committed by or against a national of the United 

States. 

(I) With respect to offenses committed by or against a national of the United States as that term is used in section 

101 of the Immigration and Nationality Act— 

(i) the premises of United States diplomatic, consular, military, or other United States Government 

missions or entities in foreign states, including the 

buildings, parts of buildings, and land appurtenant or 


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ancillary thereto or used for purposes of those missions 

or entities, irrespective of ownership; and 

(ii) residences in foreign states and the land appurtenant or ancillary thereto, irrespective of ownership, 

used for purposes of those missions or entities or used 

by United States personnel assigned to those missions 

or entities. 

(J) Nothing in subparagraph (I) supersedes any treaty or 

international agreement with which this clause conflicts. 

Subparagraph (I) does not apply with respect to an offense 

committed by a person described in section 3261(a). 

(6) The term ‘‘vessel of the United States’’ means a vessel belonging in whole or in part to the United States, or any citizen 

thereof, or any corporation created by or under the laws of the 

United States, or of any State. 

(7) The term ‘‘obligation or other security of the United 

States’’ includes all bonds, certificates of indebtedness, national 

bank currency, Federal Reserve notes, Federal Reserve bank 

notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, 

bills, checks, or drafts for money, drawn by or upon authorized 

officers of the United States, stamps and other representatives 

of value, of whatever denomination, issued under any Act of 

Congress, and canceled United States stamps. 

(8) The term ‘‘foreign government’’ except in sections 112, 878, 

970, 1116, and 1201, includes any government, faction, or body 

of insurgents within a country with which the United States is 

at peace, irrespective of recognition by the United States. 

(9) The term ‘‘obligation or other security of any foreign government’’ includes uncanceled stamps, whether or not demonetized. 

(10) The term ‘‘interstate commerce’’ means commerce between 

or among more than one State. 

(11) The term ‘‘foreign commerce’’ means commerce with a 

foreign country. 

(12) The term ‘‘Postal Service’’ means the United States Postal Service established under title 39, and every officer and employee of that Service, whether or not such officer or employee 

has taken the oath of office. 

(13) The term ‘‘crime of violence’’ means— 

(A) an offense that has as an element the use, attempted 

use, or threatened use of physical force against the person 

or property of another; or 

(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against 

the person or property of another may be used in the course 

of committing the offense. 

(14) The term ‘‘organization’’ means a person other than an 

individual. 

(15) The term ‘‘petty offense’’ means a Class B misdemeanor, 

a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an 

offense in section 3571(b)(6) or (7) in the case of an individual 

or section 3571(c)(6) or (7) in the case of an organization. 

(16) The term ‘‘financial institution’’ means— 


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

(B) a credit union with accounts insured by the National 

Credit Union Share Insurance Fund; 

(C) a Federal home loan bank or a member, as defined 

in section 2 of the Federal Home Loan Bank Act, of the 

Federal home loan bank system; 

(D) a System institution of the Farm Credit System, as 

defined in section 5.35(3) of the Farm Credit Act of 1971; 

(E) a small business investment company, as defined in 

section 103 of the Small Business Investment Act of 1958; 

(F) a depository institution holding company (as defined 

in section 3(w)(1) of the Federal Deposit Insurance Act; 

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

(H) an organization operating under section 25 or section 

25A of the Federal Reserve Act; 

(I) a branch or agency of a foreign bank (as such terms 

are defined respectively in section 1(b) of the International 

Banking Act of 1978); or 

(J) a mortgage lending business or any person or entity 

that makes in whole or in part a federally related mortgage 

loan as defined in section 3 of the Real Estate Settlement 

Procedures Act of 1974. 

(17) The term ‘‘mortgage lending business’’ means an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage companies and 

any subsidiaries of such organizations, and whose activities affect interstate or foreign commerce. 

(18) The term ‘‘court of the United States’’ includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands. 

(19) The term ‘‘Federal health care offense’’ means a violation 

of, or a criminal conspiracy to violate— 

(A) section 669, 1035, 1347, or 1518 of this title or section 

1128B of the Social Security Act; or 

(B) section 287, 371, 664, 666, 1001, 1027, 1341, 1343, 

1349, or 1954 of this title, section 301 of the Federal Food, 

Drug, and Cosmetic Act, section 501 of the Employee Retirement Income Security Act of 1974, or section 411, 518, 

or 511 of the Employee Retirement Income Security Act of 

1974, if the violation or conspiracy relates to a health care 

benefit program. 

(20) The term ‘‘health care benefit program’’ means any public 

or private plan or contract, affecting interstate commerce or foreign commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual 

or entity who is providing a medical benefit, item, or service for 

which payment may be made under the plan or contract. 

(21) 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 

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tiguous to such structures, and the equipment and materials on 

such structures or in such buildings. 

(22) The term ‘‘serious bodily injury’’ means bodily injury 

which involves— 

(A) a substantial risk of death; 

(B) extreme physical pain; 

(C) protracted and obvious disfigurement; or 

(D) protracted loss or impairment of the function of a 

bodily member, organ, or mental faculty. 

(23) The term ‘‘bodily injury’’ means— 

(A) a cut, abrasion, bruise, burn, or disfigurement; 

(B) physical pain; 

(C) illness; 

(D) impairment of the function of a bodily member, 

organ, or mental faculty; or 

(E) any other injury to the body, no matter how temporary. 

SUBCHAPTER B—PRINCIPAL AND DERIVATIVE CRIMINAL 

RESPONSIBILITY 

Sec. 

5. Principals. 

6. Accessory after the fact. 

7. Misprision of felony. 

8. Use of minors in crimes of violence. 

§ 5. Principals 

(a) Whoever commits an offense against the United States or 

aids, abets, counsels, commands, induces, or procures its commission, is punishable as a principal. 

(b) Whoever willfully causes an act to be done which if directly 

performed by him or another would be an offense against the 

United States, is punishable as a principal. 

§ 6. Accessory after the fact 

(a) Whoever, knowing that an offense against the United States 

has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment, is an accessory after the fact. 

(b) Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than 

one-half the maximum term of imprisonment or (notwithstanding 

section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory 

shall be imprisoned not more than 15 years. 

§ 7. Misprision of felony 

Whoever, having knowledge of the actual commission of a felony 

cognizable by a court of the United States, conceals and does not 

as soon as possible make known the same to some judge or other 

person in civil or military authority under the United States, shall 

be fined under this title or imprisoned not more than three years, 

or both. 


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§ 8. Use of minors in crimes of violence 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘minor’’ means a person who has not reached 18 

years of age; and 

(2) the term ‘‘uses’’ means employs, hires, persuades, induces, entices, or coerces. 

(b) PENALTIES.—Any person who is 18 years of age or older, who 

intentionally uses a minor to commit a crime of violence for which 

such person may be prosecuted in a court of the United States, or 

to assist in avoiding detection or apprehension for such an offense, 

shall— 

(1) for the first conviction, be subject to twice the maximum 

term of imprisonment and twice the maximum fine that would 

otherwise be authorized for the offense; and 

(2) for each subsequent conviction, be subject to 3 times the 

maximum term of imprisonment and 3 times the maximum 

fine that would otherwise be authorized for the offense. 

SUBCHAPTER C—CRIMINAL STATES OF MIND 

Sec. 

11. Default state of mind proof requirement in Federal criminal cases. 

12. Stolen or counterfeit nature of property for certain crimes defined. 

§ 11. Default state of mind proof requirement in Federal 

criminal cases 

If no state of mind is required by law for a Federal criminal offense— 

(1) the state of mind the Government must prove is knowing; 

and 

(2) if the offense consists of conduct that a reasonable person 

in the same or similar circumstances would not know, or would 

not have reason to believe, was unlawful, the Government 

must prove that the defendant knew, or had reason to believe, 

the conduct was unlawful. 

§ 12. Stolen or counterfeit nature of property for certain 

crimes defined 

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

(1) any property was embezzled, robbed, stolen, converted, 

taken, altered, counterfeited, falsely made, forged, or obliterated; and 

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

such element may be established by proof that the defendant, after 

or as a result of an official representation as to the nature of the 

property, believed the property to be embezzled, robbed, stolen, 

converted, taken, altered, counterfeited, falsely made, forged, or obliterated. 

(b) In this section, the term ‘‘official representation’’ means any 

representation made by a Federal law enforcement officer (as defined in section 115) or by another person at the direction or with 

the approval of such an officer. 


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SUBCHAPTER D—INSANITY DEFENSE 

15. Insanity defenses 

§ 15. Insanity defense 

(a) IN GENERAL.—It is an affirmative defense to a prosecution 

under any Federal statute that, at the time of the commission of 

the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature 

and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. 

(b) BURDEN OF PROOF FOR INSANITY DEFENSE.—The defendant 

has the burden of proving the defense of insanity by clear and convincing evidence. 

SUBCHAPTER E—DERIVATION OF OFFENSES FROM 

RELEVANT STATE OFFENSES IN SPECIAL JURISDICTION 

Sec. 

20. Laws of States adopted for areas within Federal jurisdiction. 

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

(a) Whoever within the special maritime and territorial jurisdiction of the United States or on, above, or below any portion of the 

territorial sea of the United States not within the jurisdiction of 

any State is guilty of any act or omission which, although not made 

punishable by any enactment of Congress, would be punishable if 

committed or omitted within the jurisdiction of the State in which 

such place is situated, by the laws thereof in force at the time of 

such act or omission, shall be guilty of a like offense and subject 

to a like punishment. 

(b)(1) Subject to paragraph (2) and for purposes of subsection (a) 

of this section, that which may or shall be imposed through judicial 

or administrative action under the law of a State for a conviction 

for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. 

Any limitation on the right or privilege to operate a motor vehicle 

imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States. 

(2)(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, the punishment for such an offense 

under this section shall include an additional term of imprisonment 

of not more than 1 year, or if serious bodily injury of a minor is 

caused, not more than 5 years, or if death of a minor is caused, not 

more than 10 years, and an additional fine under this title, or both, 

if— 

(i) a minor (other than the offender) was present in the 

motor vehicle when the offense was committed; and 

(ii) the law of the State in which the offense occurred does 

not provide an additional term of imprisonment under the circumstances described in clause (i). 

(B) For the purposes of subparagraph (A), the term ‘‘minor’’ 

means a person less than 18 years of age. 


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(c) Whenever any waters of the territorial sea of the United 

States lie outside the territory of any State, such waters (including 

the airspace above and the seabed and subsoil below, and artificial 

islands and fixed structures erected thereon) shall be deemed, for 

purposes of subsection (a), to lie within the area of the State that 

it would lie within if the boundaries of such State, Commonwealth, 

territory, possession, or district were extended seaward to the outer 

limit of the territorial sea of the United States. 

SUBCHAPTER F—OTHER GENERAL PROVISIONS 

Sec. 

21. Non-preemption. 

22. Extraterritorial jurisdiction over derivative offenses. 

§ 21. Non-preemption 

The existence of a Federal criminal offense does not preclude the 

application of a State or local law to the conduct proscribed by the 

offense, unless the law specifically so provides or the State or local 

law requires conduct constituting the Federal criminal offense. 

§ 22. Extraterritorial jurisdiction over derivative offenses 

If extraterritorial jurisdiction exists for an offense defined by a 

provision of law, then extraterritorial jurisdiction also exists for 

any offense arising under subchapter B as a result of conduct with 

respect the offense so defined. 

* * * * * * * 

CHAPTER 2—AIRCRAFT AND MOTOR VEHICLES 

§ 31. Definitions 

(a) DEFINITIONS.—In this chapter, the following definitions apply: 

(1) AIRCRAFT.—The term ‘‘aircraft’’ means a civil, military, or 

public contrivance invented, used, or designed to navigate, fly, 

or travel in the air. 

(2) AVIATION QUALITY.—The term ‘‘aviation quality’’, with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored 

in conformity with applicable standards specified by law (including applicable regulations). 

(3) DESTRUCTIVE SUBSTANCE.—The term ‘‘destructive substance’’ means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive 

device or matter of a combustible, contaminative, corrosive, or 

explosive nature. 

(4) IN FLIGHT.—The term ‘‘in flight’’ means— 

(A) any time from the moment at which all the external 

doors of an aircraft are closed following embarkation until 

the moment when any such door is opened for disembarkation; and 

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

the persons and property on board. 

(5) IN SERVICE.—The term ‘‘in service’’ means— 


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(A) any time from the beginning of preflight preparation 

of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and 

(B) in any event includes the entire period during which 

the aircraft is in flight. 

(6) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means every 

description of carriage or other contrivance propelled or drawn 

by mechanical power and used for commercial purposes on the 

highways in the transportation of passengers, passengers and 

property, or property or cargo. 

(7) PART.—The term ‘‘part’’ means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, 

piece, section, or related integral or auxiliary equipment. 

(8) SPACE VEHICLE.—The term ‘‘space vehicle’’ means a manmade device, either manned or unmanned, designed for operation beyond the Earth’s atmosphere. 

ø(9) STATE.—The term ‘‘State’’ means a State of the United 

States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

(10) USED FOR COMMERCIAL PURPOSES.—The term ‘‘used for 

commercial purposes’’ means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other 

undertaking intended for profit. 

(b) TERMS DEFINED IN OTHER LAW.—In this chapter, the terms 

‘‘aircraft engine’’, ‘‘air navigation facility’’, ‘‘appliance’’, ‘‘civil aircraft’’, ‘‘foreign air commerce’’, ‘‘interstate air commerce’’, ‘‘landing 

area’’, ‘‘overseas air commerce’’, ‘‘propeller’’, ‘‘spare part’’, and ‘‘special aircraft jurisdiction of the United States’’ have the meanings 

given those terms in sections 40102(a) and 46501 of title 49. 

* * * * * * * 

§ 37. Violence at international airports 

(a) OFFENSE.—A person who unlawfully and intentionally, using 

any device, substance, or weapon— 

(1) performs an act of violence against a person at an airport 

serving international civil aviation that causes or is likely to 

cause serious bodily injury ø(as defined in section 1365 of this 

title)¿ or death; or 

(2) destroys or seriously damages the facilities of an airport 

serving international civil aviation or a civil aircraft not in 

service located thereon or disrupts the services of the airport, 

if such an act endangers or is likely to endanger safety at that airport, or attempts or conspires to do such an act, shall be fined 

under this title, imprisoned not more than 20 years, or both; and 

if the death of any person results from conduct prohibited by this 

subsection, shall be punished by death or imprisoned for any term 

of years or for life. 

(b) JURISDICTION.—There is jurisdiction over the prohibited activity in subsection (a) if— 

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

or 

(2) the prohibited activity takes place outside the United 

States and (A)the offender is later found in the United States; 

or (B) an offender or a victim is a national of the United States 


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(as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))). 

(c) BAR TO PROSECUTION.—It is a bar to Federal prosecution 

under subsection (a) for conduct that occurred within the United 

States that the conduct involved was during or in relation to a 

labor dispute, and such conduct is prohibited as a felony under the 

law of the State in which it was committed. For purposes of this 

section, the term ‘‘labor dispute’’ has the meaning set forth in section 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 

113(c))ø, and the term ‘‘State’’ means a State of the United States, 

the District of Columbia, and any commonwealth, territory, or possession of the United States.¿. 

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

(a) OFFENSES.—Whoever, in or affecting interstate or foreign 

commerce, knowingly and with the intent to defraud— 

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

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

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

(2) exports from or imports or introduces into the United 

States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a 

fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or 

(3) attempts or conspires to commit an offense described in 

paragraph (1) or (2), 

shall be punished as provided in subsection (b). 

(b) PENALTIES.—The punishment for an offense under subsection 

(a) is as follows: 

(1) AVIATION QUALITY.—If the offense relates to the aviation 

quality of a part and the part is installed in an aircraft or 

space vehicle, a fine of not more than $500,000, imprisonment 

for not more than 15 years, or both. 

(2) FAILURE TO OPERATE AS REPRESENTED.—If, by reason of 

the failure of the part to operate as represented, the part to 

which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury ø(as defined in section 1365)¿, a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both. 

(3) FAILURE RESULTING IN DEATH.—If, by reason of the failure of the part to operate as represented, the part to which the 

offense is related is the proximate cause of a malfunction or 

failure that results in the death of any person, a fine of not 

more than $1,000,000, imprisonment for any term of years or 

life, or both. 

(4) OTHER CIRCUMSTANCES.—In the case of an offense under 

subsection (a) not described in paragraph (1), (2), or (3) of this 

subsection, a fine under this title, imprisonment for not more 

than 10 years, or both. 


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

(A) $10,000,000 in the case of an offense described in 

paragraph (1) or (4); and (B) $20,000,000 in the case of an offense described in 

paragraph (2) or (3). 

(c) CIVIL REMEDIES.— (1) IN GENERAL.—The district courts of the United States 

shall have jurisdiction to prevent and restrain violations of this 

section by issuing appropriate orders, including— 

(A) ordering a person (convicted of an offense under this 

section) to divest any interest, direct or indirect, in any enterprise used to commit or facilitate the commission of the 

offense, or to destroy, or to mutilate and sell as scrap, aircraft material or part inventories or stocks; 

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

commit the offense; and 

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

(2) RESTRAINING ORDERS AND PROHIBITION.—Pending final 

determination of a proceeding brought under this section, the 

court may enter such restraining orders or prohibitions, or 

take such other actions (including the acceptance of satisfactory performance bonds) as the court deems proper. 

(3) ESTOPPEL.—A final judgment rendered in favor of the 

United States in any criminal proceeding brought under this 

section shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States. 

(d) CRIMINAL FORFEITURE.— 

(1) IN GENERAL.—The court, in imposing sentence on any 

person convicted of an offense under this section, shall order, 

in addition to any other sentence and irrespective of any provision of State law, that the person forfeit to the United States— 

(A) any property constituting, or derived from, any proceeds that the person obtained, directly or indirectly, as a 

result of the offense; and 

(B) any property used, or intended to be used in any 

manner, to commit or facilitate the commission of the offense, if the court in its discretion so determines, taking 

into consideration the nature, scope, and proportionality of 

the use of the property on the offense. 

(2) APPLICATION OF OTHER LAW.—The forfeiture of property 

under this section, including any seizure and disposition of the 

property, and any proceedings relating to the property, shall be 

governed by section 413 of the Comprehensive Drug Abuse and 

Prevention Act of 1970 (21 U.S.C. 853) (not including subsection (d) of that section). 

(e) CONSTRUCTION WITH OTHER LAW.—This section does not preempt or displace any other remedy, civil or criminal, provided by 

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stallation, or introduction into commerce of an aircraft or space vehicle part. 

(f) TERRITORIAL SCOPE.—This section also applies to conduct occurring outside the United States if— 

(1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization 

organized under the laws of the United States or political subdivision thereof; 

(2) the aircraft or spacecraft part as to which the violation 

relates was installed in an aircraft or space vehicle owned or 

operated at the time of the offense by a citizen or permanent 

resident alien of the United States, or by an organization 

thereof; or 

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

United States. 

* * * * * * * 

CHAPTER 3—ANIMALS, BIRDS, FISH, AND PLANTS 

* * * * * * * 

§ 48. Animal crush videos 

(a) DEFINITION.—In this section the term ‘‘animal crush video’’ 

means any photograph, motion-picture film, video or digital recording, or electronic image that— 

ø(1) depicts actual conduct in which 1 or more living nonhuman mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury ø(as defined in section 

1365 and including¿ or conduct that, if committed against a 

person and in the special maritime and territorial jurisdiction 

of the United States, would violate section 2241 or 2242ø)¿; 

and¿ 

(2) is obscene. 

(b) PROHIBITIONS.— (1) CREATION OF ANIMAL CRUSH VIDEOS.—It shall be unlawful 

for any person to knowingly create an animal crush video, if— 

(A) the person intends or has reason to know that the 

animal crush video will be distributed in, or using a means 

or facility of, interstate or foreign commerce; or 

(B) the animal crush video is distributed in, or using a 

means or facility of, interstate or foreign commerce. 

(2) DISTRIBUTION OF ANIMAL CRUSH VIDEOS.—It shall be unlawful for any person to knowingly sell, market, advertise, exchange, or distribute an animal crush video in, or using a 

means or facility of, interstate or foreign commerce. 

(c) EXTRATERRITORIAL APPLICATION.—Subsection (b) shall apply 

to the knowing sale, marketing, advertising, exchange, distribution, 

or creation of an animal crush video outside of the United States, 

if— 

(1) the person engaging in such conduct intends or has reason to know that the animal crush video will be transported 

into the United States or its territories or possessions; or 

(2) the animal crush video is transported into the United 

States or its territories or possessions. 


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(d) PENALTY.—Any person who violates subsection (b) shall be 

fined under this title, imprisoned for not more than 7 years, or 

both. 

(e) EXCEPTIONS.— (1) IN GENERAL.—This section shall not apply with regard to 

any visual depiction of— 

(A) customary and normal veterinary or agricultural 

husbandry practices; 

(B) the slaughter of animals for food; or 

(C) hunting, trapping, or fishing. 

(2) GOOD-FAITH DISTRIBUTION.—This section shall not apply 

to the good-faith distribution of an animal crush video to— 

(A) a law enforcement agency; or 

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

(f) NO PREEMPTION.—Nothing in this section shall be construed 

to preempt the law of any State or local subdivision thereof to protect animals. 

* * * * * * * 

CHAPTER 7—ASSAULT 

* * * * * * * 

§ 113. Assaults within maritime and territorial jurisdiction 

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

as follows: 

(1) Assault with intent to commit murder or a violation of 

section 2241 or 2242, by a fine under this title, imprisonment 

for not more than 20 years, or both. 

(2) Assault with intent to commit any felony, except murder 

or a violation of section 2241 or 2242, by fine under this title 

or imprisonment for not more than ten years, or both. 

(3) Assault with a dangerous weapon, with intent to do bodily harm, by fine under this title or imprisonment for not more 

than ten years, or both. 

(4) Assault by striking, beating, or wounding, by fine under 

this title or imprisonment for not more than 1 year, or both. 

(5) Simple assault, by fine under this title or imprisonment 

for not more than six months, or both, or if the victim of the 

assault is an individual who has not attained the age of 16 

years, by fine under this title or imprisonment for not more 

than 1 year, or both. 

(6) Assault resulting in serious bodily injury, by a fine under 

this title or imprisonment for not more than ten years, or both. 

(7) Assault resulting in substantial bodily injury to a spouse 

or intimate partner, a dating partner, or an individual who has 

not attained the age of 16 years, by a fine under this title or 

imprisonment for not more than 5 years, or both. 

(8) Assault of a spouse, intimate partner, or dating partner 

by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more 

than 10 years, or both. 


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(b) DEFINITIONS.—In this section— 

(1) the term ‘‘substantial bodily injury’’ means bodily injury 

which involves— 

(A) a temporary but substantial disfigurement; or 

(B) a temporary but substantial loss or impairment of 

the function of any bodily member, organ, or mental faculty; 

ø(2) the term ‘‘serious bodily injury’’ has the meaning given 

that term in section 1365 of this title;¿ 

(3) the terms ‘‘dating partner’’ and ‘‘spouse or intimate partner’’ have the meanings given those terms in section 2266; 

(4) the term ‘‘strangling’’ means intentionally, knowingly, or 

recklessly impeding the normal breathing or circulation of the 

blood of a person by applying pressure to the throat or neck, 

regardless of whether that conduct results in any visible injury 

or whether there is any intent to kill or protractedly injure the 

victim; and 

(5) the term ‘‘suffocating’’ means intentionally, knowingly, or 

recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, 

regardless of whether that conduct results in any visible injury 

or whether there is any intent to kill or protractedly injure the 

victim. 

* * * * * * * 

§ 115. Influencing, impeding, or retaliating against a Federal 

official by threatening or injuring a family member 

(a)(1) Whoever— 

(A) assaults, kidnaps, or murders, or attempts or conspires 

to kidnap or murder, or threatens to assault, kidnap or murder 

a member of the immediate family of a United States official, 

a United States judge, a Federal law enforcement officer, or an 

official whose killing would be a crime under section 1114 of 

this title; or 

(B) threatens to assault, kidnap, or murder, a United States 

official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such 

section, 

with intent to impede, intimidate, or interfere with such official, 

judge, or law enforcement officer while engaged in the performance 

of official duties, or with intent to retaliate against such official, 

judge, or law enforcement officer on account of the performance of 

official duties, shall be punished as provided in subsection (b). 

(2) Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap, or 

murder, any person who formerly served as a person designated in 

paragraph (1), or a member of the immediate family of any person 

who formerly served as a person designated in paragraph (1), with 

intent to retaliate against such person on account of the performance of official duties during the term of service of such person, 

shall be punished as provided in subsection (b). 

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

is— 

(A) a fine under this title; and 


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

(ii) if the assault involved physical contact with the victim of 

that assault or the intent to commit another felony, a term of 

imprisonment for not more than 10 years; 

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

(iv) if the assault resulted in serious bodily injury ø(as that 

term is defined in section 1365 of this title, and including¿ or 

any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would 

violate section 2241 or 2242 of this titleø)¿, or a dangerous 

weapon was used during and in relation to the offense, a term 

of imprisonment for not more than 30 years. 

(2) A kidnapping, attempted kidnapping, or conspiracy to kidnap 

in violation of this section shall be punished as provided in section 

1201 of this title for the kidnapping or attempted kidnapping of, or 

a conspiracy to kidnap, a person described in section 1201(a)(5) of 

this title. 

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

and 1113 of this title. 

(4) A threat made in violation of this section shall be punished 

by a fine under this title or imprisonment for a term of not more 

than 10 years, or both, except that imprisonment for a threatened 

assault shall not exceed 6 years. 

(c) As used in this section, the term— 

(1) ‘‘Federal law enforcement officer’’ means any officer, 

agent, or employee of the United States authorized by law or 

by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of 

Federal criminal law; 

(2) ‘‘immediate family member’’ of an individual means— 

(A) his spouse, parent, brother or sister, child or person 

to whom he stands in loco parentis; or 

(B) any other person living in his household and related 

to him by blood or marriage; 

(3) ‘‘United States judge’’ means any judicial officer of the 

United States, and includes a justice of the Supreme Court and 

a United States magistrate judge; and 

(4) ‘‘United States official’’ means the President, Presidentelect, Vice President, Vice President-elect, a Member of Congress, a member-elect of Congress, a member of the executive 

branch who is the head of a department listed in 5 U.S.C. 101, 

or the Director of the Central Intelligence Agency. 

(d) This section shall not interfere with the investigative authority of the United States Secret Service, as provided under sections 

3056, 871, and 879 of this title. 

* * * * * * * 

CHAPTER 11—BRIBERY, GRAFT, AND CONFLICTS OF 

INTEREST 

* * * * * * * 


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§ 207. Restrictions on former officers, employees, and elected 

officials of the executive and legislative branches 

(a) RESTRICTIONS ON ALL OFFICERS AND EMPLOYEES OF THE EX- ECUTIVE BRANCH AND CERTAIN OTHER AGENCIES.— (1) PERMANENT RESTRICTIONS ON REPRESENTATION ON PAR- TICULAR MATTERS.—Any person who is an officer or employee 

(including any special Government employee) of the executive 

branch of the United States (including any independent agency 

of the United States), or of the District of Columbia, and who, 

after the termination of his or her service or employment with 

the United States or the District of Columbia, knowingly 

makes, with the intent to influence, any communication to or 

appearance before any officer or employee of any department, 

agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the 

United States or the District of Columbia) in connection with 

a particular matter— 

(A) in which the United States or the District of Columbia is a party or has a direct and substantial interest, 

(B) in which the person participated personally and substantially as such officer or employee, and 

(C) which involved a specific party or specific parties at 

the time of such participation, 

shall be punished as provided in section 216 of this title. 

(2) TWO-YEAR RESTRICTIONS CONCERNING PARTICULAR MAT- TERS UNDER OFFICIAL RESPONSIBILITY.—Any person subject to 

the restrictions contained in paragraph (1) who, within 2 years 

after the termination of his or her service or employment with 

the United States or the District of Columbia, knowingly 

makes, with the intent to influence, any communication to or 

appearance before any officer or employee of any department, 

agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the 

United States or the District of Columbia), in connection with 

a particular matter— 

(A) in which the United States or the District of Columbia is a party or has a direct and substantial interest, 

(B) which such person knows or reasonably should know 

was actually pending under his or her official responsibility as such officer or employee within a period of 1 year 

before the termination of his or her service or employment 

with the United States or the District of Columbia, and 

(C) which involved a specific party or specific parties at 

the time it was so pending, 

shall be punished as provided in section 216 of this title. 

(3) CLARIFICATION OF RESTRICTIONS.—The restrictions contained in paragraphs (1) and (2) shall apply— 

(A) in the case of an officer or employee of the executive 

branch of the United States (including any independent 

agency), only with respect to communications to or appearances before any officer or employee of any department, 

agency, court, or court-martial of the United States on behalf of any other person (except the United States), and 

only with respect to a matter in which the United States 

is a party or has a direct and substantial interest; and 


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(B) in the case of an officer or employee of the District 

of Columbia, only with respect to communications to or appearances before any officer or employee of any department, agency, or court of the District of Columbia on behalf of any other person (except the District of Columbia), 

and only with respect to a matter in which the District of 

Columbia is a party or has a direct and substantial interest. 

(b) ONE-YEAR RESTRICTIONS ON AIDING OR ADVISING.— (1) IN GENERAL.—Any person who is a former officer or employee of the executive branch of the United States (including 

any independent agency) and is subject to the restrictions contained in subsection (a)(1), or any person who is a former officer or employee of the legislative branch or a former Member 

of Congress, who personally and substantially participated in 

any ongoing trade or treaty negotiation on behalf of the United 

States within the 1-year period preceding the date on which 

his or her service or employment with the United States terminated, and who had access to information concerning such 

trade or treaty negotiation which is exempt from disclosure 

under section 552 of title 5, which is so designated by the appropriate department or agency, and which the person knew or 

should have known was so designated, shall not, on the basis 

of that information, knowingly represent, aid, or advise any 

other person (except the United States) concerning such ongoing trade or treaty negotiation for a period of 1 year after his 

or her service or employment with the United States terminates. Any person who violates this subsection shall be punished as provided in section 216 of this title. 

(2) DEFINITION.—For purposes of this paragraph— 

(A) the term ‘‘trade negotiation’’ means negotiations 

which the President determines to undertake to enter into 

a trade agreement pursuant to section 1102 of the Omnibus Trade and Competitiveness Act of 1988, and does not 

include any action taken before that determination is 

made; and 

(B) the term ‘‘treaty’’ means an international agreement 

made by the President that requires the advice and consent of the Senate. 

(c) ONE-YEAR RESTRICTIONS ON CERTAIN SENIOR PERSONNEL OF

THE EXECUTIVE BRANCH AND INDEPENDENT AGENCIES.— 

(1) RESTRICTIONS.—In addition to the restrictions set forth in 

subsections (a) and (b), any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including an independent 

agency), who is referred to in paragraph (2), and who, within 

1 year after the termination of his or her service or employment as such officer or employee, knowingly makes, with the 

intent to influence, any communication to or appearance before 

any officer or employee of the department or agency in which 

such person served within 1 year before such termination, on 

behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, 

shall be punished as provided in section 216 of this title. 


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(2) PERSONS TO WHOM RESTRICTIONS APPLY.—(A) Paragraph 

(1) shall apply to a person (other than a person subject to the 

restrictions of subsection (d))— 

(i) employed at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, 

(ii) employed in a position which is not referred to in 

clause (i) and for which that person is paid at a rate of 

basic pay which is equal to or greater than 86.5 percent of 

the rate of basic pay for level II of the Executive Schedule, 

or, for a period of 2 years following the enactment of the 

National Defense Authorization Act for Fiscal Year 2004, 

a person who, on the day prior to the enactment of that 

Act, was employed in a position which is not referred to in 

clause (i) and for which the rate of basic pay, exclusive of 

any locality-based pay adjustment under section 5304 or 

section 5304a of title 5, was equal to or greater than the 

rate of basic pay payable for level 5 of the Senior Executive Service on the day prior to the enactment of that Act, 

(iii) appointed by the President to a position under section 105(a)(2)(B) of title 3 or by the Vice President to a position under section 106(a)(1)(B) of title 3, 

(iv) employed in a position which is held by an active 

duty commissioned officer of the uniformed services who is 

serving in a grade or rank for which the pay grade (as 

specified in section 201 of title 37) is pay grade O-7 or 

above; OR 

(v) assigned from a private sector organization to an 

agency under chapter 37 of title 5. 

(B) Paragraph (1) shall not apply to a special Government 

employee who serves less than 60 days in the 1-year period before his or her service or employment as such employee terminates. 

(C) At the request of a department or agency, the Director 

of the Office of Government Ethics may waive the restrictions 

contained in paragraph (1) with respect to any position, or category of positions, referred to in clause (ii) or (iv) of subparagraph (A), in such department or agency if the Director determines that— 

(i) the imposition of the restrictions with respect to such 

position or positions would create an undue hardship on 

the department or agency in obtaining qualified personnel 

to fill such position or positions, and 

(ii) granting the waiver would not create the potential 

for use of undue influence or unfair advantage. 

(3) MEMBERS OF THE INDEPENDENT PAYMENT ADVISORY

BOARD.— 

(A) IN GENERAL.—Paragraph (1) shall apply to a member 

of the Independent Payment Advisory Board under section 

1899A. 

(B) AGENCIES AND CONGRESS.—For purposes of paragraph (1), the agency in which the individual described in 

subparagraph (A) served shall be considered to be the 

Independent Payment Advisory Board, the Department of 

Health and Human Services, and the relevant committees 

of jurisdiction of Congress, including the Committee on 


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Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee 

on Finance of the Senate. 

(d) RESTRICTIONS ON VERY SENIOR PERSONNEL OF THE EXECU- TIVE BRANCH AND INDEPENDENT AGENCIES.— (1) RESTRICTIONS In addition to the restrictions set forth in 

subsections (a) and (b), any person who— 

(A) serves in the position of Vice President of the United 

States, 

(B) is employed in a position in the executive branch of 

the United States (including any independent agency) at a 

rate of pay payable for level I of the Executive Schedule 

or employed in a position in the Executive Office of the 

President at a rate of pay payable for level II of the Executive Schedule, or 

(C) is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(1)(A) of title 3, 

and who, within 2 years after the termination of that person’s 

service in that position, knowingly makes, with the intent to 

influence, any communication to or appearance before any person described in paragraph (2), on behalf of any other person 

(except the United States), in connection with any matter on 

which such person seeks official action by any officer or employee of the executive branch of the United States, shall be 

punished as provided in section 216 of this title. 

(2) PERSONS WHO MAY NOT BE CONTACTED.—The persons referred to in paragraph (1) with respect to appearances or communications by a person in a position described in subparagraph (A), (B), or (C) of paragraph (1) are— 

(A) any officer or employee of any department or agency 

in which such person served in such position within a period of 1 year before such person’s service or employment 

with the United States Government terminated, and 

(B) any person appointed to a position in the executive 

branch which is listed in section 5312, 5313, 5314, 5315, 

or 5316 of title 5. 

(e) RESTRICTIONS ON MEMBERS OF CONGRESS AND OFFICERS AND

EMPLOYEES OF THE LEGISLATIVE BRANCH.— (1) MEMBERS OF CONGRESS AND ELECTED OFFICERS OF THE

HOUSE.— 

(A) SENATORS.—Any person who is a Senator and who, 

within 2 years after that person leaves office, knowingly 

makes, with the intent to influence, any communication to 

or appearance before any Member, officer, or employee of 

either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator seeks action by a Member, officer, or employee of either House of Congress, in his 

or her official capacity, shall be punished as provided in 

section 216 of this title. 

(B) MEMBERS AND OFFICERS OF THE HOUSE OF REPRESENTATIVES.—(i) Any person who is a Member of the 

House of Representatives or an elected officer of the House 


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of Representatives and who, within 1 year after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any of 

the persons described in clause (ii) or (iii), on behalf of any 

other person (except the United States) in connection with 

any matter on which such former Member of Congress or 

elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this 

title. 

(ii) The persons referred to in clause (i) with respect to 

appearances or communications by a former Member of 

the House of Representatives are any Member, officer, or 

employee of either House of Congress and any employee of 

any other legislative office of the Congress. 

(iii) The persons referred to in clause (i) with respect to 

appearances or communications by a former elected officer 

are any Member, officer, or employee of the House of Representatives. 

(2) OFFICERS AND STAFF OF THE SENATE.—Any person who is 

an elected officer of the Senate, or an employee of the Senate 

to whom paragraph (7)(A) applies, and who, within 1 year after 

that person leaves office or employment, knowingly makes, 

with the intent to influence, any communication to or appearance before any Senator or any officer or employee of the Senate, on behalf of any other person (except the United States) 

in connection with any matter on which such former elected officer or former employee seeks action by a Senator or an officer 

or employee of the Senate, in his or her official capacity, shall 

be punished as provided in section 216 of this title. 

(3) PERSONAL STAFF.—(A) Any person who is an employee of 

a Member of the House of Representatives to whom paragraph 

(7)(A) applies and who, within 1 year after the termination of 

that employment, knowingly makes, with the intent to influence, any communication to or appearance before any of the 

persons described in subparagraph (B), on behalf of any other 

person (except the United States) in connection with any matter on which such former employee seeks action by a Member, 

officer, or employee of either House of Congress, in his or her 

official capacity, shall be punished as provided in section 216 

of this title. 

(B) The persons referred to in subparagraph (A) with respect 

to appearances or communications by a person who is a former 

employee are the following: 

(i) the Member of the House of Representatives for 

whom that person was an employee; and 

(ii) any employee of that Member of the House of Representatives. 

(4) COMMITTEE STAFF.—Any person who is an employee of a 

committee of the House of Representatives, or an employee of 

a joint committee of the Congress whose pay is disbursed by 

the Clerk of the House of Representatives, to whom paragraph 

(7)(A) applies and who, within 1 year after the termination of 

that person’s employment on such committee or joint committee (as the case may be), knowingly makes, with the intent 


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52 

to influence, any communication to or appearance before any 

person who is a Member or an employee of that committee or 

joint committee (as the case may be) or who was a Member of 

the committee or joint committee (as the case may be) in the 

year immediately prior to the termination of such person’s employment by the committee or joint committee (as the case may 

be), on behalf of any other person (except the United States) 

in connection with any matter on which such former employee 

seeks action by a Member, officer, or employee of either House 

of Congress, in his or her official capacity, shall be punished 

as provided in section 216 of this title. 

(5) LEADERSHIP STAFF.—(A) Any person who is an employee 

on the leadership staff of the House of Representatives to 

whom paragraph (7)(A) applies and who, within 1 year after 

the termination of that person’s employment on such staff, 

knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described 

in subparagraph (B), on behalf of any other person (except the 

United States) in connection with any matter on which such 

former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. 

(B) The persons referred to in subparagraph (A) with respect 

to appearances or communications by a former employee are 

any Member of the leadership of the House of Representatives 

and any employee on the leadership staff of the House of Representatives. 

(6) OTHER LEGISLATIVE OFFICES.—(A) Any person who is an 

employee of any other legislative office of the Congress to 

whom paragraph (7)(B) applies and who, within 1 year after 

the termination of that person’s employment in such office, 

knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described 

in subparagraph (B), on behalf of any other person (except the 

United States) in connection with any matter on which such 

former employee seeks action by any officer or employee of 

such office, in his or her official capacity, shall be punished as 

provided in section 216 of this title. 

(B) The persons referred to in subparagraph (A) with respect 

to appearances or communications by a former employee are 

the employees and officers of the former legislative office of the 

Congress of the former employee. 

(7) LIMITATION ON RESTRICTIONS.—(A) The restrictions contained in paragraphs (2), (3), (4), and (5) apply only to acts by 

a former employee who, for at least 60 days, in the aggregate, 

during the 1-year period before that former employee’s service 

as such employee terminated, was paid a rate of basic pay 

equal to or greater than an amount which is 75 percent of the 

basic rate of pay payable for a Member of the House of Congress in which such employee was employed. 

(B) The restrictions contained in paragraph (6) apply only to 

acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee’s 

service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any localityVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00052 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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based pay adjustment under section 5302 of title 5, is equal to 

or greater than the basic rate of pay payable for level IV of the 

Executive Schedule. 

(8) EXCEPTION.—This subsection shall not apply to contacts 

with the staff of the Secretary of the Senate or the Clerk of the 

House of Representatives regarding compliance with lobbying 

disclosure requirements under the Lobbying Disclosure Act of 

1995. 

(9) DEFINITIONS.—As used in this subsection— 

(A) the term ‘‘committee of Congress’’ includes standing 

committees, joint committees, and select committees; 

(B) a person is an employee of a House of Congress if 

that person is an employee of the Senate or an employee 

of the House of Representatives; 

(C) the term ‘‘employee of the House of Representatives’’ 

means an employee of a Member of the House of Representatives, an employee of a committee of the House of 

Representatives, an employee of a joint committee of the 

Congress whose pay is disbursed by the Clerk of the House 

of Representatives, and an employee on the leadership 

staff of the House of Representatives; 

(D) the term ‘‘employee of the Senate’’ means an employee of a Senator, an employee of a committee of the 

Senate, an employee of a joint committee of the Congress 

whose pay is disbursed by the Secretary of the Senate, and 

an employee on the leadership staff of the Senate; 

(E) a person is an employee of a Member of the House 

of Representatives if that person is an employee of a Member of the House of Representatives under the clerk hire 

allowance; 

(F) a person is an employee of a Senator if that person 

is an employee in a position in the office of a Senator; 

(G) the term ‘‘employee of any other legislative office of 

the Congress’’ means an officer or employee of the Architect of the Capitol, the United States Botanic Garden, the 

Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the 

United States Capitol Police, and any other agency, entity, 

or office in the legislative branch not covered by paragraph 

(1), (2), (3), (4), or (5) of this subsection; 

(H) the term ‘‘employee on the leadership staff of the 

House of Representatives’’ means an employee of the office 

of a Member of the leadership of the House of Representatives described in subparagraph (L), and any elected minority employee of the House of Representatives; 

(I) the term ‘‘employee on the leadership staff of the Senate’’ means an employee of the office of a Member of the 

leadership of the Senate described in subparagraph (M); 

(J) the term ‘‘Member of Congress’’ means a Senator or 

a Member of the House of Representatives; 

(K) the term ‘‘Member of the House of Representatives’’ 

means a Representative in, or a Delegate or Resident Commissioner to, the Congress; 


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(L) the term ‘‘Member of the leadership of the House of 

Representatives’’ means the Speaker, majority leader, minority leader, majority whip, minority whip, chief deputy 

majority whip, chief deputy minority whip, chairman of 

the Democratic Steering Committee, chairman and vice 

chairman of the Democratic Caucus, chairman, vice chairman, and secretary of the Republican Conference, chairman of the Republican Research Committee, and chairman 

of the Republican Policy Committee, of the House of Representatives (or any similar position created on or after the 

effective date set forth in section 102(a) of the Ethics Reform Act of 1989); 

(M) the term ‘‘Member of the leadership of the Senate’’ 

means the Vice President, and the President pro tempore, 

Deputy President pro tempore, majority leader, minority 

leader, majority whip, minority whip, chairman and secretary of the Conference of the Majority, chairman and 

secretary of the Conference of the Minority, chairman and 

co-chairman of the Majority Policy Committee, and chairman of the Minority Policy Committee, of the Senate (or 

any similar position created on or after the effective date 

set forth in section 102(a) of the Ethics Reform Act of 

1989). 

(f) RESTRICTIONS RELATING TO FOREIGN ENTITIES.— 

(1) RESTRICTIONS.—Any person who is subject to the restrictions contained in subsection (c), (d), or (e) and who knowingly, 

within 1 year after leaving the position, office, or employment 

referred to in such subsection— 

(A) represents a foreign entity before any officer or employee of any department or agency of the United States 

with the intent to influence a decision of such officer or 

employee in carrying out his or her official duties, or 

(B) aids or advises a foreign entity with the intent to influence a decision of any officer or employee of any department or agency of the United States, in carrying out his 

or her official duties, 

shall be punished as provided in section 216 of this title. 

(2) SPECIAL RULE FOR TRADE REPRESENTATIVE.—With respect 

to a person who is the United States Trade Representative or 

Deputy United States Trade Representative, the restrictions 

described in paragraph (1) shall apply to representing, aiding, 

or advising foreign entities at any time after the termination 

of that person’s service as the United States Trade Representative. 

(3) DEFINITION.—For purposes of this subsection, the term 

‘‘foreign entity’’ means the government of a foreign country as 

defined in section 1(e) of the Foreign Agents Registration Act 

of 1938, as amended, or a foreign political party as defined in 

section 1(f) of that Act. 

(g) SPECIAL RULES FOR DETAILEES.—For purposes of this section, 

a person who is detailed from one department, agency, or other entity to another department, agency, or other entity shall, during 

the period such person is detailed, be deemed to be an officer or 

employee of both departments, agencies, or such entities. 


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(h) DESIGNATIONS OF SEPARATE STATUTORY AGENCIES AND BU- REAUS.— 

(1) DESIGNATIONS.—For purposes of subsection (c) and except 

as provided in paragraph (2), whenever the Director of the Office of Government Ethics determines that an agency or bureau 

within a department or agency in the executive branch exercises functions which are distinct and separate from the remaining functions of the department or agency and that there 

exists no potential for use of undue influence or unfair advantage based on past Government service, the Director shall by 

rule designate such agency or bureau as a separate department 

or agency. On an annual basis the Director of the Office of 

Government Ethics shall review the designations and determinations made under this subparagraph and, in consultation 

with the department or agency concerned, make such additions 

and deletions as are necessary. Departments and agencies 

shall cooperate to the fullest extent with the Director of the Office of Government Ethics in the exercise of his or her responsibilities under this paragraph. 

(2) INAPPLICABILITY OF DESIGNATIONS.—No agency or bureau 

within the Executive Office of the President may be designated 

under paragraph (1) as a separate department or agency. No 

designation under paragraph (1) shall apply to persons referred to in subsection (c)(2)(A)(i) or (iii). 

(i) DEFINITIONS.—For purposes of this section— 

(1) the term ‘‘officer or employee’’, when used to describe the 

person to whom a communication is made or before whom an 

appearance is made, with the intent to influence, shall include— 

(A) in subsections (a), (c), and (d), the President and the 

Vice President; and 

(B) in subsection (f), the President, the Vice President, 

and Members of Congress; 

(2) the term ‘‘participated’’ means an action taken as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other 

such action; and 

(3) the term ‘‘particular matter’’ includes any investigation, 

application, request for a ruling or determination, rulemaking, 

contract, controversy, claim, charge, accusation, arrest, or judicial or other proceeding. 

(j) EXCEPTIONS.— 

(1) OFFICIAL GOVERNMENT DUTIES.— 

(A) IN GENERAL.—The restrictions contained in this section shall not apply to acts done in carrying out official duties on behalf of the United States or the District of Columbia or as an elected official of a State or local government. 

(B) TRIBAL ORGANIZATIONS AND INTER-TRIBAL CONSOR- TIUMS.—The restrictions contained in this section shall not 

apply to acts authorized by section 104(j) of the Indian 

Self-Determination and Education Assistance Act (25 

U.S.C. 450i(j)). 

(2) STATE AND LOCAL GOVERNMENTS AND INSTITUTIONS, HOSPITALS, AND ORGANIZATIONS.—The restrictions contained in 


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subsections (c), (d), and (e) shall not apply to acts done in carrying out official duties as an employee of— 

(A) an agency or instrumentality of a State or local government if the appearance, communication, or representation is on behalf of such government, or 

(B) an accredited, degree-granting institution of higher 

education, as defined in section 101 of the Higher Education Act of 1965, or a hospital or medical research organization, exempted and defined under section 501(c)(3) of 

the Internal Revenue Code of 1986, if the appearance, 

communication, or representation is on behalf of such institution, hospital, or organization. 

(3) INTERNATIONAL ORGANIZATIONS.—The restrictions contained in this section shall not apply to an appearance or communication on behalf of, or advice or aid to, an international 

organization in which the United States participates, if the 

Secretary of State certifies in advance that such activity is in 

the interests of the United States. 

(4) SPECIAL KNOWLEDGE.—The restrictions contained in subsections (c), (d), and (e) shall not prevent an individual from 

making or providing a statement, which is based on the individual’s own special knowledge in the particular area that is 

the subject of the statement, if no compensation is thereby received. 

(5) EXCEPTION FOR SCIENTIFIC OR TECHNOLOGICAL INFORMATION.—The restrictions contained in subsections (a), (c), and (d) 

shall not apply with respect to the making of communications 

solely for the purpose of furnishing scientific or technological 

information, if such communications are made under procedures acceptable to the department or agency concerned or if 

the head of the department or agency concerned with the particular matter, in consultation with the Director of the Office 

of Government Ethics, makes a certification, published in the 

Federal Register, that the former officer or employee has outstanding qualifications in a scientific, technological, or other 

technical discipline, and is acting with respect to a particular 

matter which requires such qualifications, and that the national interest would be served by the participation of the 

former officer or employee. For purposes of this paragraph, the 

term ‘‘officer or employee’’ includes the Vice President. 

(6) EXCEPTION FOR TESTIMONY.—Nothing in this section shall 

prevent an individual from giving testimony under oath, or 

from making statements required to be made under penalty of 

perjury. Notwithstanding the preceding sentence— 

(A) a former officer or employee of the executive branch 

of the United States (including any independent agency) 

who is subject to the restrictions contained in subsection 

(a)(1) with respect to a particular matter may not, except 

pursuant to court order, serve as an expert witness for any 

other person (except the United States) in that matter; and 

(B) a former officer or employee of the District of Columbia who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, 

except pursuant to court order, serve as an expert witness 


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for any other person (except the District of Columbia) in 

that matter. 

(7) POLITICAL PARTIES AND CAMPAIGN COMMITTEES.—(A) Except as provided in subparagraph (B), the restrictions contained in subsections (c), (d), and (e) shall not apply to a communication or appearance made solely on behalf of a candidate 

in his or her capacity as a candidate, an authorized committee, 

a national committee, a national Federal campaign committee, 

a State committee, or a political party. 

(B) Subparagraph (A) shall not apply to— 

(i) any communication to, or appearance before, the Federal Election Commission by a former officer or employee 

of the Federal Election Commission; or 

(ii) a communication or appearance made by a person 

who is subject to the restrictions contained in subsections 

(c), (d), or (e) if, at the time of the communication or appearance, the person is employed by a person or entity 

other than— 

(I) a candidate, an authorized committee, a national 

committee, a national Federal campaign committee, a 

State committee, or a political party; or 

(II) a person or entity who represents, aids, or advises only persons or entities described in subclause 

(I). 

(C) For purposes of this paragraph— 

(i) the term ‘‘candidate’’ means any person who seeks 

nomination for election, or election, to Federal or State office or who has authorized others to explore on his or her 

behalf the possibility of seeking nomination for election, or 

election, to Federal or State office; 

(ii) the term ‘‘authorized committee’’ means any political 

committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such 

candidate, or to explore the possibility of seeking nomination for election, or the election, of such candidate, except 

that a political committee that receives contributions or 

makes expenditures to promote more than 1 candidate 

may not be designated as an authorized committee for purposes of subparagraph (A); 

(iii) the term ‘‘national committee’’ means the organization which, by virtue of the bylaws of a political party, is 

responsible for the day- to-day operation of such political 

party at the national level; 

(iv) the term ‘‘national Federal campaign committee’’ 

means an organization that, by virtue of the bylaws of a 

political party, is established primarily for the purpose of 

providing assistance, at the national level, to candidates 

nominated by that party for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; 

(v) the term ‘‘State committee’’ means the organization 

which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political 

party at the State level; or 


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(vi) the term ‘‘political party’’ means an association, committee, or organization that nominates a candidate for 

election to any Federal or State elected office whose name 

appears on the election ballot as the candidate of such association, committee, or organizationø; and¿. ø(vii) the term ‘‘State’’ means a State of the United 

States, the District of Columbia, the Commonwealth of 

Puerto Rico, and any territory or possession of the United 

States.¿ 

(k)(1)(A) The President may grant a waiver of a restriction imposed by this section to any officer or employee described in paragraph (2) if the President determines and certifies in writing that 

it is in the public interest to grant the waiver and that the services 

of the officer or employee are critically needed for the benefit of the 

Federal Government. Not more than 25 officers and employees currently employed by the Federal Government at any one time may 

have been granted waivers under this paragraph. 

(B)(i) A waiver granted under this paragraph to any person shall 

apply only with respect to activities engaged in by that person after 

that person’s Federal Government employment is terminated and 

only to that person’s employment at a Government-owned, contractor operated entity with which the person served as an officer 

or employee immediately before the person’s Federal Government 

employment began. 

(ii) Notwithstanding clause (i), a waiver granted under this paragraph to any person who was an officer or employee of Lawrence 

Livermore National Laboratory, Los Alamos National Laboratory, 

or Sandia National Laboratory immediately before the person’s 

Federal Government employment began shall apply to that person’s employment by any such national laboratory after the person’s employment by the Federal Government is terminated. 

(2) Waivers under paragraph (1) may be granted only to civilian 

officers and employees of the executive branch, other than officers 

and employees in the Executive Office of the President. 

(3) A certification under paragraph (1) shall take effect upon its 

publication in the Federal Register and shall identify— 

(A) the officer or employee covered by the waiver by name 

and by position, and 

(B) the reasons for granting the waiver. 

A copy of the certification shall also be provided to the Director of 

the Office of Government Ethics. 

(4) The President may not delegate the authority provided by 

this subsection. 

(5)(A) Each person granted a waiver under this subsection shall 

prepare reports, in accordance with subparagraph (B), stating 

whether the person has engaged in activities otherwise prohibited 

by this section for each six-month period described in subparagraph 

(B), and if so, what those activities were. 

(B) A report under subparagraph (A) shall cover each six-month 

period beginning on the date of the termination of the person’s Federal Government employment (with respect to which the waiver 

under this subsection was granted) and ending two years after that 

date. Such report shall be filed with the President and the Director 

of the Office of Government Ethics not later than 60 days after the 

end of the six-month period covered by the report. All reports filed 


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with the Director under this paragraph shall be made available for 

public inspection and copying. 

(C) If a person fails to file any report in accordance with subparagraphs (A) and (B), the President shall revoke the waiver and 

shall notify the person of the revocation. The revocation shall take 

effect upon the person’s receipt of the notification and shall remain 

in effect until the report is filed. 

(D) Any person who is granted a waiver under this subsection 

shall be ineligible for appointment in the civil service unless all reports required of such person by subparagraphs (A) and (B) have 

been filed. 

(E) As used in this subsection, the term ‘‘civil service’’ has the 

meaning given that term in section 2101 of title 5. 

(l) CONTRACT ADVICE BY FORMER DETAILS.—Whoever, being an 

employee of a private sector organization assigned to an agency 

under chapter 37 of title 5, within one year after the end of that 

assignment, knowingly represents or aids, counsels, or assists in 

representing any other person (except the United States) in connection with any contract with that agency shall be punished as provided in section 216 of this title. 

* * * * * * * 

CHAPTER 11A—CHILD SUPPORT 

* * * * * * * 

§ 224. Bribery in sporting contests 

(a) Whoever carries into effect, attempts to carry into effect, or 

conspires with any other person to carry into effect any scheme in 

commerce to influence, in any way, by bribery any sporting contest, 

with knowledge that the purpose of such scheme is to influence by 

bribery that contest, shall be fined under this title, or imprisoned 

not more than 5 years, or both. 

(b) This section shall not be construed as indicating an intent on 

the part of Congress to occupy the field in which this section operates to the exclusion of a law of any Stateø, territory, Commonwealth, or possession¿ of the United States, and no law of any 

Stateø, territory, Commonwealth, or possession¿ of the United 

States, which would be valid in the absence of the section shall be 

declared invalid, and no local authorities shall be deprived of any 

jurisdiction over any offense over which they would have jurisdiction in the absence of this section. 

(c) As used in this section— 

(1) The term ‘‘scheme in commerce’’ means any scheme effectuated in whole or in part through the use in interstate or foreign commerce of any facility for transportation or communication; 

(2) The term ‘‘sporting contest’’ means any contest in any 

sport, between individual contestants or teams of contestants 

(without regard to the amateur or professional status of the 

contestants therein), the occurrence of which is publicly announced before its occurrence; 

(3) The term ‘‘person’’ means any individual and any partnership, corporation, association, or other entity. 

* * * * * * * 


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§ 228. Failure to pay legal child support obligations 

(a) OFFENSE.—Any person who— 

(1) willfully fails to pay a support obligation with respect to 

a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater 

than $5,000; 

(2) travels in interstate or foreign commerce with the intent 

to evade a support obligation, if such obligation has remained 

unpaid for a period longer than 1 year, or is greater than 

$5,000; or 

(3) willfully fails to pay a support obligation with respect to 

a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater 

than $10,000; 

shall be punished as provided in subsection (c). 

(b) PRESUMPTION.—The existence of a support obligation that 

was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the 

ability to pay the support obligation for that time period. 

(c) PUNISHMENT.—The punishment for an offense under this section is— 

(1) in the case of a first offense under subsection (a)(1), a fine 

under this title, imprisonment for not more than 6 months, or 

both; and 

(2) in the case of an offense under paragraph (2) or (3) of 

subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not 

more than 2 years, or both. 

(d) MANDATORY RESTITUTION.—Upon a conviction under this section, the court shall order restitution under section 3663A in an 

amount equal to the total unpaid support obligation as it exists at 

the time of sentencing. 

(e) VENUE.—With respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the 

United States for— 

(1) the district in which the child who is the subject of the 

support obligation involved resided during a period during 

which a person described in subsection (a) (referred to in this 

subsection as an ‘‘obliger’’) failed to meet that support obligation; 

(2) the district in which the obliger resided during a period 

described in paragraph (1); or 

(3) any other district with jurisdiction otherwise provided for 

by law. 

(f) DEFINITIONS.—As used in this section— 

(1) the term ‘‘Indian tribe’’ has the meaning given that term 

in section 102 of the Federally Recognized Indian Tribe List 

Act of 1994 (25 U.S.C. 479a);; and 

ø(2) the term ‘‘State’’ includes any State of the United 

States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and¿ 

(3) the term ‘‘support obligation’’ means any amount determined under a court order or an order of an administrative 

process pursuant to the law of a State or of an Indian tribe to 


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be due from a person for the support and maintenance of a 

child or of a child and the parent with whom the child is living. 

* * * * * * * 

CHAPTER 12—CIVIL DISORDERS 

* * * * * * * 

§ 232. Definitions 

For purposes of this chapter: 

(1) The term ‘‘civil disorder’’ means any public disturbance involving acts of violence by assemblages of three or more persons, 

which causes an immediate danger of or results in damage or injury to the property or person of any other individual. 

(2) The term ‘‘commerce’’ means commerce (A) between any State 

or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but 

through any place outside thereof; or (C) wholly within the District 

of Columbia. 

(3) The term ‘‘federally protected function’’ means any function, 

operation, or action carried out, under the laws of the United 

States, by any department, agency, or instrumentality of the 

United States or by an officer or employee thereof; and such term 

shall specifically include, but not be limited to, the collection and 

distribution of the United States mails. 

(4) The term ‘‘firearm’’ means any weapon which is designed to 

or may readily be converted to expel any projectile by the action 

of an explosive; or the frame or receiver of any such weapon. 

(5) The term ‘‘explosive or incendiary device’’ means (A) dynamite 

and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or 

grenade, fire bomb, or similar device, including any device which 

(i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material 

which, when ignited, is capable of igniting such flammable liquid 

or compound, and (ii) can be carried or thrown by one individual 

acting alone. 

(6) The term ‘‘fireman’’ means any member of a fire department 

(including a volunteer fire department) of any State, any political 

subdivision of a State, or the District of Columbia. 

(7) The term ‘‘law enforcement officer’’ means any officer or employee of the United States, any State, any political subdivision of 

a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United 

States, a State, any political subdivision of a State, or the District 

of Columbia; and such term shall specifically include members of 

the National Guard (as defined in section 101 of title 10), members 

of the organized militia of any State, or territory of the United 

States, the Commonwealth of Puerto Rico, or the District of Columbia not included within the National Guard (as defined in section 

101 of title 10), and members of the Armed Forces of the United 

States, while engaged in suppressing acts of violence or restoring 

law and order during a civil disorder. 


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ø(8) The term ‘‘State’’ includes a State of the United States, and 

any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 

CHAPTER 13—CIVIL RIGHTS 

* * * * * * * 

§ 242. Deprivation of rights under color of law 

Whoever, under color of any law, statute, ordinance, regulation, 

or custom, willfully subjects any person in any Stateø, Territory, 

Commonwealth, Possession, or District¿ to the deprivation of any 

rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, 

pains, or penalties, on account of such person being an alien, or by 

reason of his color, or race, than are prescribed for the punishment 

of citizens, shall be fined under this title or imprisoned not more 

than one year, or both; and if bodily injury results from the acts 

committed in violation of this section or if such acts include the 

use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not 

more than ten years, or both; and if death results from the acts 

committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an 

attempt to commit aggravated sexual abuse, or an attempt to kill, 

shall be fined under this title, or imprisoned for any term of years 

or for life, or both, or may be sentenced to death. 

* * * * * * * 

§ 245. Federally protected activities 

(a)(1) Nothing in this section shall be construed as indicating an 

intent on the part of Congress to prevent any State, any possession 

or Commonwealth of the United States, or the District of Columbia, 

from exercising jurisdiction over any offense over which it would 

have jurisdiction in the absence of this section, nor shall anything 

in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that 

may be violations of this section and that are violations of State 

and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney 

General, the Associate Attorney General, or any Assistant Attorney 

General specially designated by the Attorney General that in his 

judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of 

certification may not be delegated. 

(2) Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate 

possible violations of this section. 

(b) Whoever, whether or not acting under color of law, by force 

or threat of force willfully injures, intimidates or interferes with, 

or attempts to injure, intimidate or interfere with— 

(1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from— 


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(A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or 

acting as a poll watcher, or any legally authorized election 

official, in any primary, special, or general election; 

(B) participating in or enjoying any benefit, service, 

privilege, program, facility, or activity provided or administered by the United States; 

(C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States; 

(D) serving, or attending upon any court in connection 

with possible service, as a grand or petit juror in any court 

of the United States; 

(E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or 

(2) any person because of his race, color, religion or national 

origin and because he is or has been— 

(A) enrolling in or attending any public school or public 

college; 

(B) participating in or enjoying any benefit service, privilege, program, facility or activity provided or administered 

by any State or subdivision thereof; 

(C) applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of 

any State or subdivision thereof, or joining or using the 

services or advantages of any labor organization, hiring 

hall, or employment agency; 

(D) serving, or attending upon any court of any State in 

connection with possible service, as a grand or petit juror; 

(E) traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any 

common carrier by motor, rail, water, or air; 

(F) enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or 

other establishment which provides lodging to transient 

guests, or of any restaurant, cafeteria, lunchroom, lunch 

counter, soda fountain, or other facility which serves the 

public and which is principally engaged in selling food or 

beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any 

other establishment which serves the public and (i) which 

is located within the premises of any of the aforesaid establishments or within the premises of which is physically 

located any of the aforesaid establishments, and (ii) which 

holds itself out as serving patrons of such establishments; 

or 

(3) during or incident to a riot or civil disorder, any person 

engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business 

which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it 

sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce; 

or 


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(4) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from— 

(A) participating, without discrimination on account of 

race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through 

(1)(E) or subparagraphs (2)(A) through (2)(F); or 

(B) affording another person or class of persons opportunity or protection to so participate; or 

(5) any citizen because he is or has been, or in order to intimidate such citizen or any other citizen from lawfully aiding 

or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in 

any of the benefits or activities described in subparagraphs 

(1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F), or 

participating lawfully in speech or peaceful assembly opposing 

any denial of the opportunity to so participate— 

shall be fined under this title, or imprisoned not more than one 

year, or both; and if bodily injury results from the acts committed 

in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, 

or fire shall be fined under this title, or imprisoned not more than 

ten years, or both; and if death results from the acts committed in 

violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit 

aggravated sexual abuse, or an attempt to kill, shall be fined under 

this title or imprisoned for any term of years or for life, or both, 

or may be sentenced to death. As used in this section, the term 

‘‘participating lawfully in speech or peaceful assembly’’ shall not 

mean the aiding, abetting, or inciting of other persons to riot or to 

commit any act of physical violence upon any individual or against 

any real or personal property in furtherance of a riot. Nothing in 

subparagraph (2)(F) or (4)(A) of this subsection shall apply to the 

proprietor of any establishment which provides lodging to transient 

guests, or to any employee acting on behalf of such proprietor, with 

respect to the enjoyment of the goods, services, facilities, privileges, 

advantages, or accommodations of such establishment if such establishment is located within a building which contains not more 

than five rooms for rent or hire and which is actually occupied by 

the proprietor as his residence. 

(c) Nothing in this section shall be construed so as to deter any 

law enforcement officer from lawfully carrying out the duties of his 

office; and no law enforcement officer shall be considered to be in 

violation of this section for lawfully carrying out the duties of his 

office or lawfully enforcing ordinances and laws of the United 

States, the District of Columbia, any of the several States, or any 

political subdivision of a State. For purposes of the preceding sentence, the term ‘‘law enforcement officer’’ means any officer of the 

United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United 

States, the District of Columbia, a State, or a political subdivision 

of a State. 


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ø(d) For purposes of this section, the term ‘‘State’’ includes a 

State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 

§ 248. Freedom of access to clinic entrances 

(a) PROHIBITED ACTIVITIES.—Whoever— 

(1) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts 

to injure, intimidate or interfere with any person because that 

person is or has been, or in order to intimidate such person or 

any other person or any class of persons from, obtaining or providing reproductive health services; 

(2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts 

to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or 

(3) intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or intentionally damages or destroys 

the property of a place of religious worship, 

shall be subject to the penalties provided in subsection (b) and the 

civil remedies provided in subsection (c), except that a parent or 

legal guardian of a minor shall not be subject to any penalties or 

civil remedies under this section for such activities insofar as they 

are directed exclusively at that minor. 

(b) PENALTIES.—Whoever violates this section shall— 

(1) in the case of a first offense, be fined in accordance with 

this title, or imprisoned not more than one year, or both; and 

(2) in the case of a second or subsequent offense after a prior 

conviction under this section, be fined in accordance with this 

title, or imprisoned not more than 3 years, or both; 

except that for an offense involving exclusively a nonviolent physical obstruction, the fine shall be not more than $10,000 and the 

length of imprisonment shall be not more than six months, or both, 

for the first offense; and the fine shall, notwithstanding section 

3571, be not more than $25,000 and the length of imprisonment 

shall be not more than 18 months, or both, for a subsequent offense; and except that if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it 

shall be for any term of years or for life. 

(c) CIVIL REMEDIES.— (1) RIGHT OF ACTION.— 

(A) IN GENERAL.—Any person aggrieved by reason of the 

conduct prohibited by subsection (a) may commence a civil 

action for the relief set forth in subparagraph (B), except 

that such an action may be brought under subsection (a)(1) 

only by a person involved in providing or seeking to provide, or obtaining or seeking to obtain, services in a facility 

that provides reproductive health services, and such an action may be brought under subsection (a)(2) only by a person lawfully exercising or seeking to exercise the First 

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gious worship or by the entity that owns or operates such 

place of religious worship. 

(B) RELIEF.—In any action under subparagraph (A), the 

court may award appropriate relief, including temporary, 

preliminary or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit 

and reasonable fees for attorneys and expert witnesses. 

With respect to compensatory damages, the plaintiff may 

elect, at any time prior to the rendering of final judgment, 

to recover, in lieu of actual damages, an award of statutory 

damages in the amount of $5,000 per violation. 

(2) ACTION BY ATTORNEY GENERAL OF THE UNITED STATES.— 

(A) IN GENERAL.—If the Attorney General of the United 

States has reasonable cause to believe that any person or 

group of persons is being, has been, or may be injured by 

conduct constituting a violation of this section, the Attorney General may commence a civil action in any appropriate United States District Court. 

(B) RELIEF.—In any action under subparagraph (A), the 

court may award appropriate relief, including temporary, 

preliminary or permanent injunctive relief, and compensatory damages to persons aggrieved as described in paragraph (1)(B). The court, to vindicate the public interest, 

may also assess a civil penalty against each respondent— 

(i) in an amount not exceeding $10,000 for a nonviolent physical obstruction and $15,000 for other first 

violations; and 

(ii) in an amount not exceeding $15,000 for a nonviolent physical obstruction and $25,000 for any other 

subsequent violation. 

(3) ACTIONS BY STATE ATTORNEYS GENERAL.— 

(A) IN GENERAL.—If the Attorney General of a State has 

reasonable cause to believe that any person or group of 

persons is being, has been, or may be injured by conduct 

constituting a violation of this section, such Attorney General may commence a civil action in the name of such 

State, as parens patriae on behalf of natural persons residing in such State, in any appropriate United States District Court. 

(B) RELIEF.—In any action under subparagraph (A), the 

court may award appropriate relief, including temporary, 

preliminary or permanent injunctive relief, compensatory 

damages, and civil penalties as described in paragraph 

(2)(B). 

(d) RULES OF CONSTRUCTION.—Nothing in this section shall be 

construed— 

(1) to prohibit any expressive conduct (including peaceful 

picketing or other peaceful demonstration) protected from legal 

prohibition by the First Amendment to the Constitution; 

(2) to create new remedies for interference with activities 

protected by the free speech or free exercise clauses of the First 

Amendment to the Constitution, occurring outside a facility, 

regardless of the point of view expressed, or to limit any existing legal remedies for such interference; 


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(3) to provide exclusive criminal penalties or civil remedies 

with respect to the conduct prohibited by this section, or to 

preempt State or local laws that may provide such penalties or 

remedies; or 

(4) to interfere with the enforcement of State or local laws 

regulating the performance of abortions or other reproductive 

health services. 

(e) DEFINITIONS.—As used in this section: 

(1) FACILITY.—The term ‘‘facility’’ includes a hospital, clinic, 

physician’s office, or other facility that provides reproductive 

health services, and includes the building or structure in which 

the facility is located. 

(2) INTERFERE WITH.—The term ‘‘interfere with’’ means to restrict a person’s freedom of movement. 

(3) INTIMIDATE.—The term ‘‘intimidate’’ means to place a 

person in reasonable apprehension of bodily harm to him- or 

herself or to another. 

(4) PHYSICAL OBSTRUCTION.—The term ‘‘physical obstruction’’ 

means rendering impassable ingress to or egress from a facility 

that provides reproductive health services or to or from a place 

of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or 

hazardous. 

(5) REPRODUCTIVE HEALTH SERVICES.—The term ‘‘reproductive health services’’ means reproductive health services provided in a hospital, clinic, physician’s office, or other facility, 

and includes medical, surgical, counselling or referral services 

relating to the human reproductive system, including services 

relating to pregnancy or the termination of a pregnancy. 

ø(6) STATE.—The term ‘‘State’’ includes a State of the United 

States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

§ 249. Hate crime acts 

(a) IN GENERAL.— (1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN.—Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, 

or an explosive or incendiary device, attempts to cause bodily 

injury to any person, because of the actual or perceived race, 

color, religion, or national origin of any person— 

(A) shall be imprisoned not more than 10 years, fined in 

accordance with this title, or both; and 

(B) shall be imprisoned for any term of years or for life, 

fined in accordance with this title, or both, if— 

(i) death results from the offense; or 

(ii) the offense includes kidnapping or an attempt to 

kidnap, aggravated sexual abuse or an attempt to 

commit aggravated sexual abuse, or an attempt to kill. 

(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NA- TIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDEN- TITY, OR DISABILITY.— 

(A) IN GENERAL.—Whoever, whether or not acting under 

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graph (B) or paragraph (3), willfully causes bodily injury 

to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the 

actual or perceived religion, national origin, gender, sexual 

orientation, gender identity, or disability of any person— 

(i) shall be imprisoned not more than 10 years, fined 

in accordance with this title, or both; and 

(ii) shall be imprisoned for any term of years or for 

life, fined in accordance with this title, or both, if— 

(I) death results from the offense; or 

(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an 

attempt to commit aggravated sexual abuse, or an 

attempt to kill. 

(B) CIRCUMSTANCES DESCRIBED.—For purposes of subparagraph (A), the circumstances described in this subparagraph are that— 

(i) the conduct described in subparagraph (A) occurs 

during the course of, or as the result of, the travel of 

the defendant or the victim— 

(I) across a State line or national border; or 

(II) using a channel, facility, or instrumentality 

of interstate or foreign commerce; 

(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); 

(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other 

weapon that has traveled in interstate or foreign commerce; or 

(iv) the conduct described in subparagraph (A)— 

(I) interferes with commercial or other economic 

activity in which the victim is engaged at the time 

of the conduct; or 

(II) otherwise affects interstate or foreign commerce. 

(3) OFFENSES OCCURRING IN THE SPECIAL MARITIME OR TERRITORIAL JURISDICTION OF THE UNITED STATES.—Whoever, within 

the special maritime or territorial jurisdiction of the United 

States, engages in conduct described in paragraph (1) or in 

paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall 

be subject to the same penalties as prescribed in those paragraphs. 

(4) GUIDELINES.—All prosecutions conducted by the United 

States under this section shall be undertaken pursuant to 

guidelines issued by the Attorney General, or the designee of 

the Attorney General, to be included in the United States Attorneys’ Manual that shall establish neutral and objective criteria for determining whether a crime was committed because 

of the actual or perceived status of any person. 

(b) CERTIFICATION REQUIREMENT.— 


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(1) IN GENERAL.—No prosecution of any offense described in 

this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, 

or a designee, that— 

(A) the State does not have jurisdiction; 

(B) the State has requested that the Federal Government assume jurisdiction; 

(C) the verdict or sentence obtained pursuant to State 

charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or 

(D) a prosecution by the United States is in the public 

interest and necessary to secure substantial justice. 

(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to limit the authority of Federal officers, or 

a Federal grand jury, to investigate possible violations of this 

section. 

(c) DEFINITIONS.—In this section— 

(1) the term ‘‘bodily injury’’ has the meaning given such term 

in øsection 1365(h)(4) of this title¿ section 1, but does not include solely emotional or psychological harm to the victim; 

(2) the term ‘‘explosive or incendiary device’’ has the meaning given such term in section 232 of this title; 

(3) the term ‘‘firearm’’ has the meaning given such term in 

section 921(a) of this title; and 

(4) the term ‘‘gender identity’’ means actual or perceived gender-related characteristicsø; and¿. 

ø(5) the term ‘‘State’’ includes the District of Columbia, Puerto Rico, and any other territory or possession of the United 

States.¿ 

(d) STATUTE OF LIMITATIONS.— 

(1) OFFENSES NOT RESULTING IN DEATH.—Except as provided 

in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment 

for such offense is found, or the information for such offense 

is instituted, not later than 7 years after the date on which the 

offense was committed. 

(2) DEATH RESULTING OFFENSES.—An indictment or information alleging that an offense under this section resulted in 

death may be found or instituted at any time without limitation. 

* * * * * * * 

CHAPTER 19—CONSPIRACY 

* * * * * * * 

§ 372. Conspiracy to impede or injure officer 

If two or more persons in any Stateø, Territory, Possession, or 

District¿ conspire to prevent, by force, intimidation, or threat, any 

person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties 

thereof, or to induce by like means any officer of the United States 

to leave the place, where his duties as an officer are required to 

be performed, or to injure him in his person or property on account 

of his lawful discharge of the duties of his office, or while engaged 


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in the lawful discharge thereof, or to injure his property so as to 

molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or 

imprisoned not more than six years, or both. 

* * * * * * * 

CHAPTER 21—CONTEMPTS 

* * * * * * * 

§ 402. Contempts constituting crimes 

Any person, corporation or association willfully disobeying any 

lawful writ, process, order, rule, decree, or command of any district 

court of the United States or any court of the District of Columbia, 

by doing any act or thing therein, or thereby forbidden, if the act 

or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the 

laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title 

and shall be punished by a fine under this title or imprisonment, 

or both. 

Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or 

may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall 

the fine to be paid to the United States exceed, in case the accused 

is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months. 

This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in 

disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the 

name of, or on behalf of, the United States, but the same, and all 

other cases of contempt not specifically embraced in this section 

may be punished in conformity to the prevailing usages at law. 

ø 

øFor purposes of this section, the term ‘‘State’’ includes a State 

of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 

CHAPTER 25—COUNTERFEITING AND FORGERY 

* * * * * * * 

§ 491. Tokens or paper used as money 

(a) Whoever, being 18 years of age or over, not lawfully authorized, makes, issues, or passes any coin, card, token, or device in 

metal, or its compounds, intended to be used as money, or whoever, 

being 18 years of age or over, with intent to defraud, makes, utters, 

inserts, or uses any card, token, slug, disk, device, paper, or other 

thing similar in size and shape to any of the lawful coins or other 

currency of the United States or any coin or other currency not 

legal tender in the United States, to procure anything of value, or 


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the use or enjoyment of any property or service from any automatic 

merchandise vending machine, postage-stamp machine, turnstile, 

fare box, coinbox telephone, parking meter or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States, shall 

be fined under this title, or imprisoned not more than one year, or 

both. 

(b) Whoever manufactures, sells, offers, or advertises for sale, or 

exposes or keeps with intent to furnish or sell any token, slug, disk, 

device, paper, or other thing similar in size and shape to any of the 

lawful coins or other currency of the United States, or any token, 

disk, paper, or other device issued or authorized in connection with 

rationing or food and fiber distribution by any agency of the United 

States, with knowledge or reason to believe that such tokens, slugs, 

disks, devices, papers, or other things are intended to be used unlawfully or fraudulently to procure anything of value, or the use or 

enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, 

coinbox telephone, parking meter, or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful 

coins or other currency of the United States shall be fined under 

this title or imprisoned not more than one year, or both. 

Nothing contained in this section shall create immunity from 

criminal prosecution under the laws of any Stateø, Commonwealth 

of Puerto Rico, territory, possession, or the District of Columbia¿. (c) ‘‘Knowledge or reason to believe’’, within the meaning of paragraph (b) of this section, may be shown by proof that any law-enforcement officer has, prior to the commission of the offense with 

which the defendant is charged, informed the defendant that tokens, slugs, disks, or other devices of the kind manufactured, sold, 

offered, or advertised for sale by him or exposed or kept with intent 

to furnish or sell, are being used unlawfully or fraudulently to operate certain specified automatic merchandise vending machines, 

postage-stamp machines, turnstiles, fare boxes, coin-box telephones, parking meters, or other receptacles, depositories, or contrivances, designed to receive or to be operated by lawful coins of 

the United States. 

* * * * * * * 

§ 513. Securities of the States and private entities 

(a) Whoever makes, utters or possesses a counterfeited security 

of a State or a political subdivision thereof or of an organization, 

or whoever makes, utters or possesses a forged security of a State 

or political subdivision thereof or of an organization, with intent to 

deceive another person, organization, or government shall be fined 

under this title or imprisoned for not more than ten years, or both. 

(b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a 

counterfeit or forged security with the intent that it be so used 

shall be punished by a fine under this title or by imprisonment for 

not more than ten years, or both. 

(c) For purposes of this section— 

(1) the term ‘‘counterfeited’’ means a document that purports 

to be genuine but is not, because it has been falsely made or 

manufactured in its entirety; 


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(2) the term ‘‘forged’’ means a document that purports to be 

genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto 

or insertion therein, or is a combination of parts of two or more 

genuine documents; 

(3) the term ‘‘security’’ means— 

(A) a note, stock certificate, treasury stock certificate, 

bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument 

as defined in section 916(c) of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, 

warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any 

profit-sharing agreement, collateral-trust certificate, prereorganization certificate of subscription, transferable 

share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property; 

(B) an instrument evidencing ownership of goods, wares, 

or merchandise; 

(C) any other written instrument commonly known as a 

security; 

(D) a certificate of interest in, certificate of participation 

in, certificate for, receipt for, or warrant or option or other 

right to subscribe to or purchase, any of the foregoing; or 

(E) a blank form of any of the foregoing; and 

(4) the term ‘‘organization’’ means a legal entity, other than 

a government, established or organized for any purpose, and 

includes a corporation, company, association, firm, partnership, 

joint stock company, foundation, institution, society, union, or 

any other association of persons which operates in or the activities of which affect interstate or foreign commerceø; and¿. 

ø(5) the term ‘‘State’’ includes a State of the United States, 

the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United 

States.¿ 

* * * * * * * 

CHAPTER 26—CRIMINAL STREET GANGS 

* * * * * * * 

§ 521. Criminal street gangs 

(a) DEFINITIONS.— ‘‘conviction’’ includes a finding, under State or Federal law, 

that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony. 

‘‘criminal street gang’’ means an ongoing group, club, organization, or association of 5 or more persons - 

(A) that has as 1 of its primary purposes the commission 

of 1 or more of the criminal offenses described in subsection (c); 

(B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and 


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(C) the activities of which affect interstate or foreign 

commerce. 

ø‘‘State’’ means a State of the United States, the District of 

Columbia, and any commonwealth, territory, or possession of 

the United States.¿ 

(b) PENALTY.—The sentence of a person convicted of an offense 

described in subsection (c) shall be increased by up to 10 years if 

the offense is committed under the circumstances described in subsection (d). 

(c) OFFENSES.—The offenses described in this section are— 

(1) a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 

U.S.C. 802)) for which the maximum penalty is not less than 

5 years; 

(2) a Federal felony crime of violence that has as an element 

the use or attempted use of physical force against the person 

of another; and 

(3) a conspiracy to commit an offense described in paragraph 

(1) or (2). 

(d) CIRCUMSTANCES.—The circumstances described in this section 

are that the offense described in subsection (c) was committed by 

a person who— 

(1) participates in a criminal street gang with knowledge 

that its members engage in or have engaged in a continuing 

series of offenses described in subsection (c); 

(2) intends to promote or further the felonious activities of 

the criminal street gang or maintain or increase his or her position in the gang; and 

(3) has been convicted within the past 5 years for— 

(A) an offense described in subsection (c); 

(B) a State offense— 

(i) involving a controlled substance (as defined in 

section 102 of the Controlled Substances Act (21 

U.S.C. 802)) for which the maximum penalty is not 

less than 5 years’ imprisonment; or 

(ii) that is a felony crime of violence that has as an 

element the use or attempted use of physical force 

against the person of another; 

(C) any Federal or State felony offense that by its nature 

involves a substantial risk that physical force against the 

person of another may be used in the course of committing 

the offense; or 

(D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C). 

* * * * * * * 

CHAPTER 29—ELECTIONS AND POLITICAL ACTIVITIES 

Sec. 

592. Troops at polls. 

* * * * * * * 

595. Interference by administrative employees of Federalø, State, or Territorial¿ 

Governments. 

* * * * * * * 


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§ 595. Interference by administrative employees of Federalø, State, or Territorial¿ or State Governments 

Whoever, being a person employed in any administrative position 

by the United States, or by any department or agency thereof, or 

by the District of Columbia or any agency or instrumentality thereof, or by any Stateø, Territory, or Possession of the United States¿, 

or any political subdivision, municipality, or agency thereof, or 

agency of such political subdivision or municipality (including any 

corporation owned or controlled by any Stateø, Territory, or Possession of the United States¿ or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United 

States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice 

President, Presidential elector, Member of the Senate, Member of 

the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both. 

This section shall not prohibit or make unlawful any act by any 

officer or employee of any educational or research institution, establishment, agency, or system which is supported in whole or in 

part by any state or political subdivision thereof, or by the District 

of Columbia or by any Territory or Possession of the United States; 

or by any recognized religious, philanthropic or cultural organization. 

* * * * * * * 

§ 601. Deprivation of employment or other benefit for political contribution 

(a) Whoever, directly or indirectly, knowingly causes or attempts 

to cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political 

party, by means of the denial or deprivation, or the threat of the 

denial or deprivation, of— 

(1) any employment, position, or work in or for any agency 

or other entity of the Government of the United States, a 

State, or a political subdivision of a State, or any compensation 

or benefit of such employment, position, or work; or 

(2) any payment or benefit of a program of the United 

States, a State, or a political subdivision of a State; 

if such employment, position, work, compensation, payment, or 

benefit is provided for or made possible in whole or in part by an 

Act of Congress, shall be fined under this title, or imprisoned not 

more than one year, or both. 

(b) As used in this section— 

(1) the term ‘‘candidate’’ means an individual who seeks 

nomination for election, or election, to Federal, State, or local 

office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek 

nomination for election, or election, to Federal, State, or local 

office, if he has (A) taken the action necessary under the law 

of a State to qualify himself for nomination for election, or election, or (B) received contributions or made expenditures, or has 


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given his consent for any other person to receive contributions 

or make expenditures, with a view to bringing about his nomination for election, or election, to such office; 

(1) he law of a State to qualify himself for nomination for 

election, or election, or (B) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office; 

and 

(2) the term ‘‘election’’ means (A) a general, special primary, 

or runoff election, (B) a convention or caucus of a political 

party held to nominate a candidate, (C) a primary election held 

for the selection of delegates to a nominating convention of a 

political party, (D) a primary election held for the expression 

of a preference for the nomination of persons for election to the 

office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any Stateø; and¿. ø(3) the term ‘‘State’’ means a State of the United States, the 

District of Columbia, the Commonwealth of Puerto Rico, or any 

territory or possession of the United States.¿ 

* * * * * * * 

CHAPTER 31—EMBEZZLEMENT AND THEFT 

* * * * * * * 

§ 666. Theft or bribery concerning programs receiving Federal funds 

(a) Whoever, if the circumstance described in subsection (b) of 

this section exists— 

(1) being an agent of an organization, or of a State, local, or 

Indian tribal government, or any agency thereof— 

(A) embezzles, steals, obtains by fraud, or otherwise 

without authority knowingly converts to the use of any 

person other than the rightful owner or intentionally 

misapplies, property that— 

(i) is valued at $5,000 or more, and 

(ii) is owned by, or is under the care, custody, or 

control of such organization, government, or agency; or 

(B) corruptly solicits or demands for the benefit of any 

person, or accepts or agrees to accept, anything of value 

from any person, intending to be influenced or rewarded in 

connection with any business, transaction, or series of 

transactions of such organization, government, or agency 

involving any thing of value of $5,000 or more; or 

(2) corruptly gives, offers, or agrees to give anything of value 

to any person, with intent to influence or reward an agent of 

an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, 

transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or 

more; 

shall be fined under this title, imprisoned not more than 10 years, 

or both. 


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(b) The circumstance referred to in subsection (a) of this section 

is that the organization, government, or agency receives, in any one 

year period, benefits in excess of $10,000 under a Federal program 

involving a grant, contract, subsidy, loan, guarantee, insurance, or 

other form of Federal assistance. 

(c) This section does not apply to bona fide salary, wages, fees, 

or other compensation paid, or expenses paid or reimbursed, in the 

usual course of business. 

(d) As used in this section— 

(1) the term ‘‘agent’’ means a person authorized to act on behalf of another person or a government and, in the case of an 

organization or government, includes a servant or employee, 

and a partner, director, officer, manager, and representative; 

(2) the term ‘‘government agency’’ means a subdivision of the 

executive, legislative, judicial, or other branch of government, 

including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government or governments for the execution of a 

governmental or intergovernmental program; 

(3) the term ‘‘local’’ means of or pertaining to a political subdivision within a State; and 

ø(4) the term ‘‘State’’ includes a State of the United States, 

the District of Columbia, and any commonwealth, territory, or 

possession of the United States; and¿ 

(5) the term ‘‘in any one-year period’’ means a continuous period that commences no earlier than twelve months before the 

commission of the offense or that ends no later than twelve 

months after the commission of the offense. Such period may 

include time both before and after the commission of the offense. 

* * * * * * * 

CHAPTER 33—EMBLEMS, INSIGNIA, AND NAMES 

* * * * * * * 

§ 702. Uniform of armed forces and Public Health Service 

Whoever, in any place within the jurisdiction of the United 

States øor in the Canal Zone¿, without authority, wears the uniform or a distinctive part thereof or anything similar to a distinctive part of the uniform of any of the armed forces of the United 

States, Public Health Service or any auxiliary of such, shall be 

fined under this title or imprisoned not more than six months, or 

both. 

* * * * * * * 

CHAPTER 37—ESPIONAGE AND CENSORSHIP 

* * * * * * * 

§ 793. Gathering, transmitting or losing defense information 

(a) Whoever, for the purpose of obtaining information respecting 

the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the 


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advantage of any foreign nation, goes upon, enters, flies over, or 

otherwise obtains information concerning any vessel, aircraft, work 

of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal 

station, building, office, research laboratory or station or other 

place connected with the national defense owned or constructed, or 

in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or 

agencies, or within the exclusive jurisdiction of the United States, 

or any place in which any vessel, aircraft, arms, munitions, or 

other materials or instruments for use in time of war are being 

made, prepared, repaired, stored, or are the subject of research or 

development, under any contract or agreement with the United 

States, or any department or agency thereof, or with any person on 

behalf of the United States, or otherwise on behalf of the United 

States, or any prohibited place so designated by the President by 

proclamation in time of war or in case of national emergency in 

which anything for the use of the Army, Navy, or Air Force is being 

prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the 

national defense; or 

(b) Whoever, for the purpose aforesaid, and with like intent or 

reason to believe, copies, takes, makes, or obtains, or attempts to 

copy, take, make, or obtain, any sketch, photograph, photographic 

negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or 

(c) Whoever, for the purpose aforesaid, receives or obtains or 

agrees or attempts to receive or obtain from any person, or from 

any source whatever, any document, writing, code book, signal 

book, sketch, photograph, photographic negative, blueprint, plan, 

map, model, instrument, appliance, or note, of anything connected 

with the national defense, knowing or having reason to believe, at 

the time he receives or obtains, or agrees or attempts to receive or 

obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; 

or 

(d) Whoever, lawfully having possession of, access to, control 

over, or being entrusted with any document, writing, code book, 

signal book, sketch, photograph, photographic negative, blueprint, 

plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense 

which information the possessor has reason to believe could be 

used to the injury of the United States or to the advantage of any 

foreign nation, willfully communicates, delivers, transmits or 

causes to be communicated, delivered, or transmitted or attempts 

to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or 

(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, 

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strument, appliance, or note relating to the national defense, or information relating to the national defense which information the 

possessor has reason to believe could be used to the injury of the 

United States or to the advantage of any foreign nation, willfully 

communicates, delivers, transmits or causes to be communicated, 

delivered, or transmitted, or attempts to communicate, deliver, 

transmit or cause to be communicated, delivered, or transmitted 

the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of 

the United States entitled to receive it; or 

(f) Whoever, being entrusted with or having lawful possession or 

control of any document, writing, code book, signal book, sketch, 

photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national 

defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in 

violation of his trust, or to be lost, stolen, abstracted, or destroyed, 

or (2) having knowledge that the same has been illegally removed 

from its proper place of custody or delivered to anyone in violation 

of its trust, or lost, or stolen, abstracted, or destroyed, and fails to 

make prompt report of such loss, theft, abstraction, or destruction 

to his superior officer— 

Shall be fined under this title or imprisoned not more than ten 

years, or both. 

(g) If two or more persons conspire to violate any of the foregoing 

provisions of this section, and one or more of such persons do any 

act to effect the object of the conspiracy, each of the parties to such 

conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy. 

(h)(1) Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, 

any property constituting, or derived from, any proceeds the person 

obtained, directly or indirectly, from any foreign government, or 

any faction or party or military or naval force within a foreign 

country, whether recognized or unrecognized by the United States, 

as the result of such violation. øFor the purposes of this subsection, 

the term ‘‘State’’ includes a State of the United States, the District 

of Columbia, and any commonwealth, territory, or possession of the 

United States.¿ 

(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of 

this subsection. 

(3) The provisions of subsections (b), (c), and (e) through (p) of 

section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)) shall apply to— 

(A) property subject to forfeiture under this subsection; 

(B) any seizure or disposition of such property; and 

(C) any administrative or judicial proceeding in relation to 

such property, 

if not inconsistent with this subsection. 

(4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund in the Treasury all amounts 

from the forfeiture of property under this subsection remaining 


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after the payment of expenses for forfeiture and sale authorized by 

law. 

§ 794. Gathering or delivering defense information to aid 

foreign government 

(a) Whoever, with intent or reason to believe that it is to be used 

to the injury of the United States or to the advantage of a foreign 

nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any foreign government, or to any 

faction or party or military or naval force within a foreign country, 

whether recognized or unrecognized by the United States, or to any 

representative, officer, agent, employee, subject, or citizen thereof, 

either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, 

plan, map, model, note, instrument, appliance, or information relating to the national defense, shall be punished by death or by imprisonment for any term of years or for life, except that the sentence of death shall not be imposed unless the jury or, if there is 

no jury, the court, further finds that the offense resulted in the 

identification by a foreign power (as defined in section 101(a) of the 

Foreign Intelligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death 

of that individual, or directly concerned nuclear weaponry, military 

spacecraft or satellites, early warning systems, or other means of 

defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other 

major weapons system or major element of defense strategy. 

(b) Whoever, in time of war, with intent that the same shall be 

communicated to the enemy, collects, records, publishes, or communicates, or attempts to elicit any information with respect to the 

movement, numbers, description, condition, or disposition of any of 

the Armed Forces, ships, aircraft, or war materials of the United 

States, or with respect to the plans or conduct, or supposed plans 

or conduct of any naval or military operations, or with respect to 

any works or measures undertaken for or connected with, or intended for the fortification or defense of any place, or any other information relating to the public defense, which might be useful to 

the enemy, shall be punished by death or by imprisonment for any 

term of years or for life. 

(c) If two or more persons conspire to violate this section, and one 

or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to 

the punishment provided for the offense which is the object of such 

conspiracy. 

(d)(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State 

law— 

(A) any property constituting, or derived from, any proceeds 

the person obtained, directly or indirectly, as the result of such 

violation, and 

(B) any of the person’s property used, or intended to be used, 

in any manner or part, to commit, or to facilitate the commission of, such violation. 


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øFor the purposes of this subsection, the term ‘‘State’’ includes a 

State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of 

this subsection. 

(3) The provisions of subsections (b), (c) and (e) through (p) of 

section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)) shall apply to— 

(A) property subject to forfeiture under this subsection; 

(B) any seizure or disposition of such property; and 

(C) any administrative or judicial proceeding in relation to 

such property, 

if not inconsistent with this subsection. 

(4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund in the Treasury all amounts 

from the forfeiture of property under this subsection remaining 

after the payment of expenses for forfeiture and sale authorized by 

law. 

* * * * * * * 

§ 798. Disclosure of classified information 

(a) Whoever knowingly and willfully communicates, furnishes, 

transmits, or otherwise makes available to an unauthorized person, 

or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— 

(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or 

(2) concerning the design, construction, use, maintenance, or 

repair of any device, apparatus, or appliance used or prepared 

or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; 

or 

(3) concerning the communication intelligence activities of 

the United States or any foreign government; or 

(4) obtained by the processes of communication intelligence 

from the communications of any foreign government, knowing 

the same to have been obtained by such processes— 

Shall be fined under this title or imprisoned not more than ten 

years, or both. 

(b) As used in subsection (a) of this section— 

The term ‘‘classified information’’ means information which, at 

the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government 

Agency for limited or restricted dissemination or distribution; 

The terms ‘‘code,’’‘‘cipher,’’ and ‘‘cryptographic system’’ include in 

their meanings, in addition to their usual meanings, any method 

of secret writing and any mechanical or electrical device or method 

used for the purpose of disguising or concealing the contents, significance, or meanings of communications; 


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The term ‘‘foreign government’’ includes in its meaning any person or persons acting or purporting to act for or on behalf of any 

faction, party, department, agency, bureau, or military force of or 

within a foreign country, or for or on behalf of any government or 

any person or persons purporting to act as a government within a 

foreign country, whether or not such government is recognized by 

the United States; 

The term ‘‘communication intelligence’’ means all procedures and 

methods used in the interception of communications and the obtaining of information from such communications by other than the 

intended recipients; 

The term ‘‘unauthorized person’’ means any person who, or agency which, is not authorized to receive information of the categories 

set forth in subsection (a) of this section, by the President, or by 

the head of a department or agency of the United States Government which is expressly designated by the President to engage in 

communication intelligence activities for the United States. 

(c) Nothing in this section shall prohibit the furnishing, upon 

lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United 

States of America, or joint committee thereof. 

(d)(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State 

law— 

(A) any property constituting, or derived from, any proceeds 

the person obtained, directly or indirectly, as the result of such 

violation; and 

(B) any of the person’s property used, or intended to be used, 

in any manner or part, to commit, or to facilitate the commission of, such violation. 

(2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1). 

(3) Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 

U.S.C. 853(b), (c), and (e)-(p)), shall apply to— 

(A) property subject to forfeiture under this subsection; 

(B) any seizure or disposition of such property; and 

(C) any administrative or judicial proceeding in relation to 

such property, 

if not inconsistent with this subsection. 

(4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 

of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts 

from the forfeiture of property under this subsection remaining 

after the payment of expenses for forfeiture and sale authorized by 

law. 

ø(5) As used in this subsection, the term ‘‘State’’ means any State 

of the United States, the District of Columbia, the Commonwealth 

of Puerto Rico, and any territory or possession of the United 

States.¿ 

* * * * * * * 


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CHAPTER 39—EXPLOSIVES AND OTHER DANGEROUS 

ARTICLES 

* * * * * * * 

§ 831. Prohibited transactions involving nuclear materials 

(a) Whoever, if one of the circumstances described in subsection 

(c) of this section occurs— 

(1) without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes of, or disperses any nuclear material or nuclear byproduct material and— 

(A) thereby knowingly causes the death of or serious 

bodily injury to any person or substantial damage to property or to the environment; or 

(B) circumstances exist, or have been represented to the 

defendant to exist, that are likely to cause the death or serious bodily injury to any person, or substantial damage to 

property or to the environment; 

(2) with intent to deprive another of nuclear material or nuclear byproduct material, knowingly— 

(A) takes and carries away nuclear material or nuclear 

byproduct material of another without authority; 

(B) makes an unauthorized use, disposition, or transfer, 

of nuclear material or nuclear byproduct material belonging to another; or 

(C) uses fraud and thereby obtains nuclear material or 

nuclear byproduct material belonging to another; 

(3) without lawful authority, intentionally carries, sends or 

moves nuclear material into or out of a country; 

(4) knowingly— 

(A) uses force; or 

(B) threatens or places another in fear that any person 

other than the actor will imminently be subject to bodily 

injury; 

and thereby takes nuclear material or nuclear byproduct material belonging to another from the person or presence of any 

other; 

(5) intentionally intimidates any person and thereby obtains 

nuclear material or nuclear byproduct material belonging to 

another; 

(6) with intent to compel any person, international organization, or governmental entity to do or refrain from doing any 

act, knowingly threatens to engage in conduct described in 

paragraph (2)(A) or (3) of this subsection; 

(7) knowingly threatens to use nuclear material or nuclear 

byproduct material to cause death or serious bodily injury to 

any person or substantial damage to property or to the environment under circumstances in which the threat may reasonably be understood as an expression of serious purposes; 

(8) attempts to commit any act prohibited under paragraphs 

(1) through (5) of this subsection; or 

(9) is a party to a conspiracy of two or more persons to commit any act prohibited under paragraphs (1) through (7) of this 

subsection, if any of the parties intentionally engages in any 

conduct in furtherance of such offense; 

shall be punished as provided in subsection (b) of this section. 


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(b) The punishment for an offense under— 

(1) paragraphs (1) through (8) of subsection (a) of this section 

is— 

(A) a fine under this title; and 

(B) imprisonment— 

(i) for any term of years or for life (I) if, while committing the offense, the offender knowingly causes the 

death of any person; or (II) if, while committing an offense under paragraph (1) or (3) of subsection (a) of 

this section, the offender, under circumstances manifesting extreme indifference to the life of an individual, knowingly engages in any conduct and thereby 

recklessly causes the death of or serious bodily injury 

to any person; and 

(ii) for not more than 20 years in any other case; 

and 

(2) paragraph (9) of subsection (a) of this section is— 

(A) a fine under this title; and 

(B) imprisonment— 

(i) for not more than 20 years if the offense which 

is the object of the conspiracy is punishable under 

paragraph (1)(B)(i); and 

(ii) for not more than 10 years in any other case. 

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

are that— 

(1) the offense is committed in the United States or the special maritime and territorial jurisdiction of the United States, 

or the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); 

(2) an offender or a victim is— 

(A) a national of the United States or a stateless person 

whose habitual residence is in the United States; or 

(B) a United States corporation or other legal entity; 

(3) after the conduct required for the offense occurs the defendant is found in the United States, even if the conduct required for the offense occurs outside the United States; 

(4) the conduct required for the offense occurs with respect 

to the carriage of a consignment of nuclear material or nuclear 

byproduct material for peaceful purposes by any means of 

transportation intended to go beyond the territory of the state 

where the shipment originates beginning with the departure 

from a facility of the shipper in that state and ending with the 

arrival at a facility of the receiver within the state of ultimate 

destination and either of such states is the United States; 

(5) the offense is committed on board a vessel of the United 

States or a vessel subject to the jurisdiction of the United 

States (as defined in section 70502 of title 46) or on board an 

aircraft that is registered under United States law, at the time 

the offense is committed; 

(6) the offense is committed outside the United States and 

against any state or government facility of the United States; 

or 

(7) the offense is committed in an attempt to compel the 

United States to do or abstain from doing any act, or constitutes a threat directed at the United States. 


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(d) NONAPPLICABILITY.—This section does not apply to— 

(1) the activities of armed forces during an armed conflict, as 

those terms are understood under the law of war, which are 

governed by that law; or 

(2) activities undertaken by military forces of a state in the 

exercise of their official duties. 

(e) The Attorney General may request assistance from the Secretary of Defense under chapter 18 of title 10 in the enforcement 

of this section and the Secretary of Defense may provide such assistance in accordance with chapter 18 of title 10, except that the 

Secretary of Defense may provide such assistance through any Department of Defense personnel. 

(f)(1) The Attorney General may also request assistance from the 

Secretary of Defense under this subsection in the enforcement of 

this section. Notwithstanding section 1385 of this title, the Secretary of Defense may, in accordance with other applicable law, 

provide such assistance to the Attorney General if— 

(A) an emergency situation exists (as jointly determined by 

the Attorney General and the Secretary of Defense in their discretion); and 

(B) the provision of such assistance will not adversely affect 

the military preparedness of the United States (as determined 

by the Secretary of Defense in such Secretary’s discretion). 

(2) As used in this subsection, the term ‘‘emergency situation’’ 

means a circumstance— 

(A) that poses a serious threat to the interests of the United 

States; and 

(B) in which— 

(i) enforcement of the law would be seriously impaired if 

the assistance were not provided; and 

(ii) civilian law enforcement personnel are not capable of 

enforcing the law. 

(3) Assistance under this section may include— 

(A) use of personnel of the Department of Defense to arrest 

persons and conduct searches and seizures with respect to violations of this section; and 

(B) such other activity as is incidental to the enforcement of 

this section, or to the protection of persons or property from 

conduct that violates this section. 

(4) The Secretary of Defense may require reimbursement as a 

condition of assistance under this section. 

(5) The Attorney General may delegate the Attorney General’s 

function under this subsection only to a Deputy, Associate, or Assistant Attorney General. 

(g) As used in this section— 

(1) the term ‘‘nuclear material’’ means material containing 

any— 

(A) plutonium; 

(B) uranium not in the form of ore or ore residue that 

contains the mixture of isotopes as occurring in nature; 

(C) enriched uranium, defined as uranium that contains 

the isotope 233 or 235 or both in such amount that the 

abundance ratio of the sum of those isotopes to the isotope 

238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; or 


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(D) uranium 233; 

(2) the term ‘‘nuclear byproduct material’’ means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator; 

(3) the term ‘‘international organization’’ means a public 

international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 

U.S.C. 288) or a public organization created pursuant to treaty 

or other agreement under international law as an instrument 

through or by which two or more foreign governments engage 

in some aspect of their conduct of international affairs; 

(4) the term ‘‘serious bodily injury’’ means bodily injury 

which involves— 

(A) a substantial risk of death; 

(B) extreme physical pain; 

(C) protracted and obvious disfigurement; or 

(D) protracted loss or impairment of the function of a 

bodily member, organ, or mental faculty; 

(5) the term ‘‘bodily injury’’ means— 

(A) a cut, abrasion, bruise, burn, or disfigurement; 

(B) physical pain; 

(C) illness; 

(D) impairment of a function of a bodily member, organ, 

or mental faculty; or 

(E) any other injury to the body, no matter how temporary; 

(6) the term ‘‘national of the United States’’ has the same 

meaning as in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 

(7) the term ‘‘United States corporation or other legal entity’’ 

means any corporation or other entity organized under the 

laws of the United States or any State, Commonwealth, territory, possession, or district of the United States; 

(8) the term ‘‘armed conflict’’ has the meaning given that 

term in section 2332f(e)(11) of this title; 

(9) the term ‘‘military forces of a state’’ means the armed 

forces of a country that are organized, trained and equipped 

under its internal law for the primary purpose of national defense or security and persons acting in support of those armed 

forces who are under their formal command, control and responsibility; 

(10) the term ‘‘state’’ has the same meaning as that term has 

under international law, and includes all political subdivisions 

thereof; 

(11) the term ‘‘state or government facility’’ has the meaning 

given that term in section 2332f(e)(3) of this title; and 

(12) the term ‘‘vessel of the United States’’ has the meaning 

given that term in section 70502 of title 46. 

* * * * * * * 

§ 836. Transportation of fireworks into State prohibiting sale 

or use 

Whoever, otherwise than in the course of continuous interstate 

transportation through any State, transports fireworks into any 


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State, or delivers them for transportation into any State, or attempts so to do, knowing that such fireworks are to be delivered, 

possessed, stored, transshipped, distributed, sold, or otherwise 

dealt with in a manner or for a use prohibited by the laws of such 

State specifically prohibiting or regulating the use of fireworks, 

shall be fined under this title or imprisoned not more than one 

year, or both. 

This section shall not apply to a common or contract carrier or 

to international or domestic water carriers engaged in interstate 

commerce or to the transportation of fireworks into a State for the 

use of Federal agencies in the carrying out or the furtherance of 

their operations. 

In the enforcement of this section, the definitions of fireworks 

contained in the laws of the respective States shall be applied. 

ø 

øAs used in this section, the term ‘‘State’’ includes the several 

States, Territories, and possessions of the United States, and the 

District of Columbia.¿ 

This section shall be effective from and after July 1, 1954. 

* * * * * * * 

CHAPTER 40—IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS 

§ 841. Definitions 

As used in this chapter— 

(a) ‘‘Person’’ means any individual, corporation, company, association, firm, partnership, society, or joint stock company. 

(b) ‘‘Interstate’’ or foreign commerce means commerce between any place in a State and any place outside of that State, 

or within any possession of the United States ø(not including 

the Canal Zone)¿ or the District of Columbia, and commerce 

between places within the same State but through any place 

outside of that State. ø‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of 

the United States (not including the Canal Zone).¿ 

(c) ‘‘Explosive materials’’ means explosives, blasting agents, 

and detonators. 

(d) Except for the purposes of subsections (d), (e), (f), (g), (h), 

(i), and (j) of section 844 of this title, ‘‘explosives’’ means any 

chemical compound mixture, or device, the primary or common 

purpose of which is to function by explosion; the term includes, 

but is not limited to, dynamite and other high explosives, black 

powder, pellet powder, initiating explosives, detonators, safety 

fuses, squibs, detonating cord, igniter cord, and igniters. The 

Attorney General shall publish and revise at least annually in 

the Federal Register a list of these and any additional explosives which he determines to be within the coverage of this 

chapter. For the purposes of subsections (d), (e), (f), (g), (h), 

and (i) of section 844 of this title, the term ‘‘explosive’’ is defined in subsection (j) of such section 844. 

(e) ‘‘Blasting agent’’ means any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise 

defined as an explosive: Provided, That the finished product, as 


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mixed for use or shipment, cannot be detonated by means of 

a numbered 8 test blasting cap when unconfined. 

(f) ‘‘Detonator’’ means any device containing a detonating 

charge that is used for initiating detonation in an explosive; 

the term includes, but is not limited to, electric blasting caps 

of instantaneous and delay types, blasting caps for use with 

safety fuses and detonating-cord delay connectors. 

(g) ‘‘Importer’’ means any person engaged in the business of 

importing or bringing explosive materials into the United 

States for purposes of sale or distribution. 

(h) ‘‘Manufacturer’’ means any person engaged in the business of manufacturing explosive materials for purposes of sale 

or distribution or for his own use. 

(i) ‘‘Dealer’’ means any person engaged in the business of distributing explosive materials at wholesale or retail. 

(j) ‘‘Permittee’’ means any user of explosives for a lawful purpose, who has obtained either a user permit or a limited permit under the provisions of this chapter. 

(k) ‘‘Attorney General’’ means the Attorney General of the 

United States. 

(l) ‘‘Crime punishable by imprisonment for a term exceeding 

one year’’ shall not mean (1) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints 

of trade, or other similar offenses relating to the regulation of 

business practices as the Attorney General may by regulation 

designate, or (2) any State offense (other than one involving a 

firearm or explosive) classified by the laws of the State as a 

misdemeanor and punishable by a term of imprisonment of two 

years or less. 

(m) ‘‘Licensee’’ means any importer, manufacturer, or dealer 

licensed under the provisions of this chapter. 

(n) ‘‘Distribute’’ means sell, issue, give, transfer, or otherwise 

dispose of. 

(o) ‘‘Convention on the Marking of Plastic Explosives’’ means 

the Convention on the Marking of Plastic Explosives for the 

Purpose of Detection, Done at Montreal on 1 March 1991. 

(p) ‘‘Detection agent’’ means any one of the substances specified in this subsection when introduced into a plastic explosive 

or formulated in such explosive as a part of the manufacturing 

process in such a manner as to achieve homogeneous distribution in the finished explosive, including— 

(1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular weight 152, when the minimum concentration in the 

finished explosive is 0.2 percent by mass; 

(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), 

(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular 

weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; 

(4) Ortho-Mononitrotoluene (o-MNT), 

C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; 

and 

(5) any other substance in the concentration specified by 

the Attorney General, after consultation with the Secretary of State and the Secretary of Defense, that has been 


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added to the table in part 2 of the Technical Annex to the 

Convention on the Marking of Plastic Explosives. 

(q) ‘‘Plastic explosive’’ means an explosive material in flexible 

or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than 

10-4 Pa at a temperature of 25°C., is formulated with a binder 

material, and is as a mixture malleable or flexible at normal 

room temperature. 

(r) ‘‘Alien’’ means any person who is not a citizen or national 

of the United States. 

(s) ‘‘Responsible person’’ means an individual who has the 

power to direct the management and policies of the applicant 

pertaining to explosive materials. 

(t) Indian Tribe. --The term ‘‘Indian tribe’’ has the meaning 

given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)). 

* * * * * * * 

CHAPTER 42—EXTORTIONATE CREDIT TRANSACTIONS 

§ 891. Definitions and rules of construction 

For the purposes of this chapter: 

(1) To extend credit means to make or renew any loan, or to 

enter into any agreement, tacit or express, whereby the repayment 

or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred. 

(2) The term ‘‘creditor’’, with reference to any given extension of 

credit, refers to any person making that extension of credit, or to 

any person claiming by, under, or through any person making that 

extension of credit. 

(3) The term ‘‘debtor’’, with reference to any given extension of 

credit, refers to any person to whom that extension of credit is 

made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the 

creditor against loss resulting from the failure of any person to 

whom that extension of credit is made to repay the same. 

(4) The repayment of any extension of credit includes the repayment, satisfaction, or discharge in whole or in part of any debt or 

claim, acknowledged or disputed, valid or invalid, resulting from or 

in connection with that extension of credit. 

(5) To collect an extension of credit means to induce in any way 

any person to make repayment thereof. 

(6) An extortionate extension of credit is any extension of credit 

with respect to which it is the understanding of the creditor and 

the debtor at the time it is made that delay in making repayment 

or failure to make repayment could result in the use of violence or 

other criminal means to cause harm to the person, reputation, or 

property of any person. 

(7) An extortionate means is any means which involves the use, 

or an express or implicit threat of use, of violence or other criminal 

means to cause harm to the person, reputation, or property of any 

person. 


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ø(8) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and territories and possessions of the 

United States.¿ 

(9) State law, including conflict of laws rules, governing the enforceability through civil judicial processes of repayment of any extension of credit or the performance of any promise given in consideration thereof shall be judicially noticed. This paragraph does not 

impair any authority which any court would otherwise have to take 

judicial notice of any matter of State law. 

* * * * * * * 

CHAPTER 44—FIREARMS 

§ 921. Definitions 

(a) As used in this chapter— 

(1) The term ‘‘person’’ and the term ‘‘whoever’’ include any individual, corporation, company, association, firm, partnership, society, or joint stock company. 

(2) The term ‘‘interstate or foreign commerce’’ includes commerce 

between any place in a State and any place outside of that State, 

or within any possession of the United States ø(not including the 

Canal Zone)¿ or the District of Columbia, but such term does not 

include commerce between places within the same State but 

through any place outside of that State. øThe term ‘‘State’’ includes 

the District of Columbia, the Commonwealth of Puerto Rico, and 

the possessions of the United States (not including the Canal 

Zone).¿ 

(3) The term ‘‘firearm’’ means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted 

to expel a projectile by the action of an explosive; (B) the frame or 

receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include 

an antique firearm. 

(4) The term ‘‘destructive device’’ means— 

(A) any explosive, incendiary, or poison gas— 

(i) bomb, 

(ii) grenade, 

(iii) rocket having a propellant charge of more than four 

ounces, 

(iv) missile having an explosive or incendiary charge of 

more than one-quarter ounce, 

(v) mine, or 

(vi) device similar to any of the devices described in the 

preceding clauses; 

(B) any type of weapon (other than a shotgun or a shotgun 

shell which the Attorney General finds is generally recognized 

as particularly suitable for sporting purposes) by whatever 

name known which will, or which may be readily converted to, 

expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than onehalf inch in diameter; and 

(C) any combination of parts either designed or intended for 

use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled. 


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The term ‘‘destructive device’’ shall not include any device which is 

neither designed nor redesigned for use as a weapon; any device, 

although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or 

similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 

4685, or 4686 of title 10; or any other device which the Attorney 

General finds is not likely to be used as a weapon, is an antique, 

or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes. 

(5) The term ‘‘shotgun’’ means a weapon designed or redesigned, 

made or remade, and intended to be fired from the shoulder and 

designed or redesigned and made or remade to use the energy of 

an explosive to fire through a smooth bore either a number of ball 

shot or a single projectile for each single pull of the trigger. 

(6) The term ‘‘short-barreled shotgun’’ means a shotgun having 

one or more barrels less than eighteen inches in length and any 

weapon made from a shotgun (whether by alteration, modification 

or otherwise) if such a weapon as modified has an overall length 

of less than twenty-six inches. 

(7) The term ‘‘rifle’’ means a weapon designed or redesigned, 

made or remade, and intended to be fired from the shoulder and 

designed or redesigned and made or remade to use the energy of 

an explosive to fire only a single projectile through a rifled bore for 

each single pull of the trigger. 

(8) The term ‘‘short-barreled rifle’’ means a rifle having one or 

more barrels less than sixteen inches in length and any weapon 

made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less 

than twenty-six inches. 

(9) The term ‘‘importer’’ means any person engaged in the business of importing or bringing firearms or ammunition into the 

United States for purposes of sale or distribution; and the term ‘‘licensed importer’’ means any such person licensed under the provisions of this chapter. 

(10) The term ‘‘manufacturer’’ means any person engaged in the 

business of manufacturing firearms or ammunition for purposes of 

sale or distribution; and the term ‘‘licensed manufacturer’’ means 

any such person licensed under the provisions of this chapter. 

(11) The term ‘‘dealer’’ means (A) any person engaged in the 

business of selling firearms at wholesale or retail, (B) any person 

engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or 

(C) any person who is a pawnbroker. The term ‘‘licensed dealer’’ 

means any dealer who is licensed under the provisions of this chapter. 

(12) The term ‘‘pawnbroker’’ means any person whose business or 

occupation includes the taking or receiving, by way of pledge or 

pawn, of any firearm as security for the payment or repayment of 

money. 

(13) The term ‘‘collector’’ means any person who acquires, holds, 

or disposes of firearms as curios or relics, as the Attorney General 

shall by regulation define, and the term ‘‘licensed collector’’ means 

any such person licensed under the provisions of this chapter. 


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(14) The term ‘‘indictment’’ includes an indictment or information 

in any court under which a crime punishable by imprisonment for 

a term exceeding one year may be prosecuted. 

(15) The term ‘‘fugitive from justice’’ means any person who has 

fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding. 

(16) The term ‘‘antique firearm’’ means— 

(A) any firearm (including any firearm with a matchlock, 

flintlock, percussion cap, or similar type of ignition system) 

manufactured in or before 1898; or 

(B) any replica of any firearm described in subparagraph (A) 

if such replica— 

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or 

(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States 

and which is not readily available in the ordinary channels 

of commercial trade; or 

(C) any muzzle loading rifle, muzzle loading shotgun, or 

muzzle loading pistol, which is designed to use black powder, 

or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term ‘‘antique firearm’’ shall not include any weapon which incorporates 

a firearm frame or receiver, any firearm which is converted 

into a muzzle loading weapon, or any muzzle loading weapon 

which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. 

(17)(A) The term ‘‘ammunition’’ means ammunition or cartridge 

cases, primers, bullets, or propellent powder designed for use in 

any firearm. 

(B) The term ‘‘armor piercing ammunition’’ means— 

(i) a projectile or projectile core which may be used in a 

handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination 

of tungsten alloys, steel, iron, brass, bronze, beryllium copper, 

or depleted uranium; or 

(ii) a full jacketed projectile larger than .22 caliber designed 

and intended for use in a handgun and whose jacket has a 

weight of more than 25 percent of the total weight of the projectile. 

(C) The term ‘‘armor piercing ammunition’’ does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Attorney General finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Attorney General finds is intended to be used for industrial purposes, including a charge used 

in an oil and gas well perforating device. 

(18) The term ‘‘Attorney General’’ means the Attorney General of 

the United States 

(19) The term ‘‘published ordinance’’ means a published law of 

any political subdivision of a State which the Attorney General determines to be relevant to the enforcement of this chapter and 

which is contained on a list compiled by the Attorney General, 


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which list shall be published in the Federal Register, revised annually, and furnished to each licensee under this chapter. 

(20) The term ‘‘crime punishable by imprisonment for a term exceeding one year’’ does not include— 

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other 

similar offenses relating to the regulation of business practices, 

or 

(B) any State offense classified by the laws of the State as 

a misdemeanor and punishable by a term of imprisonment of 

two years or less. 

What constitutes a conviction of such a crime shall be determined 

in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or 

set aside or for which a person has been pardoned or has had civil 

rights restored shall not be considered a conviction for purposes of 

this chapter, unless such pardon, expungement, or restoration of 

civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. 

(21) The term ‘‘engaged in the business’’ means— 

(A) as applied to a manufacturer of firearms, a person who 

devotes time, attention, and labor to manufacturing firearms 

as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution 

of the firearms manufactured; 

(B) as applied to a manufacturer of ammunition, a person 

who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the 

principal objective of livelihood and profit through the sale or 

distribution of the ammunition manufactured; 

(C) as applied to a dealer in firearms, as defined in section 

921(a)(11)(A), a person who devotes time, attention, and labor 

to dealing in firearms as a regular course of trade or business 

with the principal objective of livelihood and profit through the 

repetitive purchase and resale of firearms, but such term shall 

not include a person who makes occasional sales, exchanges, or 

purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms; 

(D) as applied to a dealer in firearms, as defined in section 

921(a)(11)(B), a person who devotes time, attention, and labor 

to engaging in such activity as a regular course of trade or 

business with the principal objective of livelihood and profit, 

but such term shall not include a person who makes occasional 

repairs of firearms, or who occasionally fits special barrels, 

stocks, or trigger mechanisms to firearms; 

(E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of 

livelihood and profit through the sale or distribution of the firearms imported; and 

(F) as applied to an importer of ammunition, a person who 

devotes time, attention, and labor to importing ammunition as 

a regular course of trade or business with the principal objecVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00092 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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tive of livelihood and profit through the sale or distribution of 

the ammunition imported. 

(22) The term ‘‘with the principal objective of livelihood and profit’’ means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary 

gain, as opposed to other intents, such as improving or liquidating 

a personal firearms collection: Provided, That proof of profit shall 

not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes 

or terrorism. For purposes of this paragraph, the term ‘‘terrorism’’ 

means activity, directed against United States persons, which— 

(A) is committed by an individual who is not a national or 

permanent resident alien of the United States; 

(B) involves violent acts or acts dangerous to human life 

which would be a criminal violation if committed within the jurisdiction of the United States; and 

(C) is intended— 

(i) to intimidate or coerce a civilian population; 

(ii) to influence the policy of a government by intimidation or coercion; or 

(iii) to affect the conduct of a government by assassination or kidnapping. 

(23) The term ‘‘machinegun’’ has the meaning given such term in 

section 5845(b) of the National Firearms Act (26 U.S.C. 5845(b)). 

(24) The terms ‘‘firearm silencer’’ and ‘‘firearm muffler’’ mean 

any device for silencing, muffling, or diminishing the report of a 

portable firearm, including any combination of parts, designed or 

redesigned, and intended for use in assembling or fabricating a 

firearm silencer or firearm muffler, and any part intended only for 

use in such assembly or fabrication. 

(25) The term ‘‘school zone’’ means— 

(A) in, or on the grounds of, a public, parochial or private 

school; or 

(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school. 

(26) The term ‘‘school’’ means a school which provides elementary 

or secondary education, as determined under State law. 

(27) The term ‘‘motor vehicle’’ has the meaning given such term 

in section 13102 of title 49, United States Code. 

(28) The term ‘‘semiautomatic rifle’’ means any repeating rifle 

which utilizes a portion of the energy of a firing cartridge to extract 

the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. 

(29) The term ‘‘handgun’’ means— 

(A) a firearm which has a short stock and is designed to be 

held and fired by the use of a single hand; and 

(B) any combination of parts from which a firearm described 

in subparagraph (A) can be assembled. 

(32) The term ‘‘intimate partner’’ means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual 

who cohabitates or has cohabited with the person. 

(33)(A) Except as provided in subparagraph (C), the term ‘‘misdemeanor crime of domestic violence’’ means an offense that— 

(i) is a misdemeanor under Federal, State, or Tribal law; and 


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(ii) has, as an element, the use or attempted use of physical 

force, or the threatened use of a deadly weapon, committed by 

a current or former spouse, parent, or guardian of the victim, 

by a person with whom the victim shares a child in common, 

by a person who is cohabiting with or has cohabited with the 

victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. 

(B)(i) A person shall not be considered to have been convicted of 

such an offense for purposes of this chapter, unless— 

(I) the person was represented by counsel in the case, or 

knowingly and intelligently waived the right to counsel in the 

case; and 

(II) in the case of a prosecution for an offense described in 

this paragraph for which a person was entitled to a jury trial 

in the jurisdiction in which the case was tried, either 

(aa) the case was tried by a jury, or 

(bb) the person knowingly and intelligently waived the 

right to have the case tried by a jury, by guilty plea or otherwise. 

(ii) A person shall not be considered to have been convicted of 

such an offense for purposes of this chapter if the conviction has 

been expunged or set aside, or is an offense for which the person 

has been pardoned or has had civil rights restored (if the law of 

the applicable jurisdiction provides for the loss of civil rights under 

such an offense) unless the pardon, expungement, or restoration of 

civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. 

(34) The term ‘‘secure gun storage or safety device’’ means— 

(A) a device that, when installed on a firearm, is designed to 

prevent the firearm from being operated without first deactivating the device; 

(B) a device incorporated into the design of the firearm that 

is designed to prevent the operation of the firearm by anyone 

not having access to the device; or 

(C) a safe, gun safe, gun case, lock box, or other device that 

is designed to be or can be used to store a firearm and that 

is designed to be unlocked only by means of a key, a combination, or other similar means. 

(35) The term ‘‘body armor’’ means any product sold or offered for 

sale, in interstate or foreign commerce, as personal protective body 

covering intended to protect against gunfire, regardless of whether 

the product is to be worn alone or is sold as a complement to another product or garment. 

(b) For the purposes of this chapter, a member of the Armed 

Forces on active duty is a resident of the State in which his permanent duty station is located. 

* * * * * * * 

CHAPTER 47—FRAUD AND FALSE STATEMENTS 

* * * * * * * 


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§ 1014. Loan and credit applications generally; renewals and 

discounts; crop insurance 

Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of 

influencing in any way the action of the Federal Housing Administration, the Farm Credit Administration, Federal Crop Insurance 

Corporation or a company the Corporation reinsures, the Secretary 

of Agriculture acting through the Farmers Home Administration or 

successor agency, the Rural Development Administration or successor agency, any Farm Credit Bank, production credit association, agricultural credit association, bank for cooperatives, or any 

division, officer, or employee thereof, or of any regional agricultural 

credit corporation established pursuant to law, or a Federal land 

bank, a Federal land bank association, a Federal Reserve bank, a 

small business investment company, as defined in section 103 of 

the Small Business Investment Act of 1958 (15 U.S.C. 662), or the 

Small Business Administration in connection with any provision of 

that Act, a Federal credit union, an insured State-chartered credit 

union, any institution the accounts of which are insured by the 

Federal Deposit Insurance Corporation,, any Federal home loan 

bank, the Federal Housing Finance Agency, the Federal Deposit Insurance Corporation, the Farm Credit System Insurance Corporation, or the National Credit Union Administration Board, 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), an organization operating under section 25 or section 

25(a) of the Federal Reserve Act, or a mortgage lending business, 

or any person or entity that makes in whole or in part a federally 

related mortgage loan as defined in section 3 of the Real Estate 

Settlement Procedures Act of 1974, upon any application, advance, 

discount, purchase, purchase agreement, repurchase agreement, 

commitment, loan, or insurance agreement or application for insurance or a guarantee, or any change or extension of any of the same, 

by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more 

than $1,000,000 or imprisoned not more than 30 years, or both. 

The term ‘‘State-chartered credit union’’ includes a credit union 

chartered under the laws of a State øof the United States, the District of Columbia, or any commonwealth, territory, or possession of 

the United States.¿. 

* * * * * * * 

§ 1020. Highway projects 

Whoever, being an officer, agent, or employee of the United 

States, or of any State øor Territory¿, or whoever, whether a person, association, firm, or corporation, knowingly makes any false 

statement, false representation, or false report as to the character, 

quality, quantity, or cost of the material used or to be used, or the 

quantity or quality of the work performed or to be performed, or 

the costs thereof in connection with the submission of plans, maps, 

specifications, contracts, or costs of construction of any highway or 

related project submitted for approval to the Secretary of Transportation; or 


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Whoever knowingly makes any false statement, false representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or 

materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or 

Whoever knowingly makes any false statement or false representation as to a material fact in any statement, certificate, or report 

submitted pursuant to the provisions of the Federal-Aid Road Act 

approved July 11, 1916 (39 Stat. 355), as amended and supplemented, 

Shall be fined under this title or imprisoned not more than five 

years, or both. 

* * * * * * * 

§ 1028. Fraud and related activity in connection with identification documents, authentication features, and 

information 

(a) Whoever, in a circumstance described in subsection (c) of this 

section— 

(1) knowingly and without lawful authority produces an 

identification document, authentication feature, or a false identification document; 

(2) knowingly transfers an identification document, authentication feature, or a false identification document knowing 

that such document or feature was stolen or produced without 

lawful authority; 

(3) knowingly possesses with intent to use unlawfully or 

transfer unlawfully five or more identification documents 

(other than those issued lawfully for the use of the possessor), 

authentication features, or false identification documents; 

(4) knowingly possesses an identification document (other 

than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United 

States; 

(5) knowingly produces, transfers, or possesses a documentmaking implement or authentication feature with the intent 

such document-making implement or authentication feature 

will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used; 

(6) knowingly possesses an identification document or authentication feature that is or appears to be an identification 

document or authentication feature of the United States or a 

sponsoring entity of an event designated as a special event of 

national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority; 

(7) knowingly transfers, posseses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or 

that constitutes a felony under any applicable State or local 

law; or 


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(8) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification; 

shall be punished as provided in subsection (b) of this section. 

(b) The punishment for an offense under subsection (a) of this 

section is— 

(1) except as provided in paragraphs (3) and (4), a fine under 

this title or imprisonment for not more than 15 years, or both, 

if the offense is— 

(A) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be— 

(i) an identification document or authentication feature issued by or under the authority of the United 

States; or 

(ii) a birth certificate, or a driver’s license or personal identification card; 

(B) the production or transfer of more than five identification documents, authentication features, or false identification documents; 

(C) an offense under paragraph (5) of such subsection; or 

(D) an offense under paragraph (7) of such subsection 

that involves the transfer, possession, or use of 1 or more 

means of identification if, as a result of the offense, any individual committing the offense obtains anything of value 

aggregating $1,000 or more during any 1-year period; 

(2) except as provided in paragraphs (3) and (4), a fine under 

this title or imprisonment for not more than 5 years, or both, 

if the offense is— 

(A) any other production, transfer, or use of a means of 

identification, an identification document,, authentication 

feature, or a false identification document; or 

(B) an offense under paragraph (3) or (7) of such subsection; 

(3) a fine under this title or imprisonment for not more than 

20 years, or both, if the offense is committed— 

(A) to facilitate a drug trafficking crime (as defined in 

section 929(a)(2)); 

(B) in connection with a crime of violence (as defined in 

section 924(c)(3)); or 

(C) after a prior conviction under this section becomes 

final; 

(4) a fine under this title or imprisonment for not more than 

30 years, or both, if the offense is committed to facilitate an 

act of domestic terrorism (as defined under section 2331(5) of 

this title) or an act of international terrorism (as defined in 

section 2331(1) of this title); 

(5) in the case of any offense under subsection (a), 

forfeiture to the United States of any personal property used or intended to be used to commit the offense; and 

(6) a fine under this title or imprisonment for not more than 

one year, or both, in any other case. 

(c) The circumstance referred to in subsection (a) of this section 

is that— 


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(1) the identification document, authentication feature, or 

false identification document is or appears to be issued by or 

under the authority of the United States or a sponsoring entity 

of an event designated as a special event of national significance or the document-making implement is designed or suited 

for making such an identification document, authentication 

feature, or false identification document; 

(2) the offense is an offense under subsection (a)(4) of this 

section; or 

(3) either— 

(A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign 

commerce, including the transfer of a document by electronic means; or 

(B) the means of identification, identification document, 

false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section. 

(d) In this section and section 1028A— 

(1) the term ‘‘authentication feature’’ means any hologram, 

watermark, certification, symbol, code, image, sequence of 

numbers or letters, or other feature that either individually or 

in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document 

is counterfeit, altered, or otherwise falsified; 

(2) the term ‘‘document-making implement’’ means any implement, impression, template, computer file, computer disc, 

electronic device, or computer hardware or software, that is 

specifically configured or primarily used for making an identification document, a false identification document, or another 

document-making implement; 

(3) the term ‘‘identification document’’ means a document 

made or issued by or under the authority of the United States 

Government, a State, political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision 

of a foreign government, an international governmental or an 

international quasi-governmental organization which, when 

completed with information concerning a particular individual, 

is of a type intended or commonly accepted for the purpose of 

identification of individuals; 

(4) the term ‘‘false identification document’’ means a document of a type intended or commonly accepted for the purposes 

of identification of individuals that— 

(A) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and 

(B) appears to be issued by or under the authority of the 

United States Government, a State, a political subdivision 

of a State, a sponsoring entity of an event designated by 

the President as a special event of national significance, a 

foreign government, a political subdivision of a foreign govVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00098 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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ernment, or an international governmental or quasi- governmental organization; 

(5) the term ‘‘false authentication feature’’ means an authentication feature that— 

(A) is genuine in origin, but, without the authorization 

of the issuing authority, has been tampered with or altered 

for purposes of deceit; 

(B) is genuine, but has been distributed, or is intended 

for distribution, without the authorization of the issuing 

authority and not in connection with a lawfully made identification document, document-making implement, or 

means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or 

(C) appears to be genuine, but is not; 

(6) the term ‘‘issuing authority’’— 

(A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and 

(B) includes the United States Government, a State, a 

political subdivision of a State, a sponsoring entity of an 

event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization;; 

(7) the term ‘‘means of identification’’ means any name or 

number that may be used, alone or in conjunction with any 

other information, to identify a specific individual, including 

any— 

(A) name, social security number, date of birth, official 

State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number; 

(B) unique biometric data, such as fingerprint, voice 

print, retina or iris image, or other unique physical representation; 

(C) unique electronic identification number, address, or 

routing code; or 

(D) telecommunication identifying information or access 

device (as defined in section 1029(e)); 

(8) the term ‘‘personal identification card’’ means an identification document issued by a State or local government solely 

for the purpose of identification; 

(9) the term ‘‘produce’’ includes alter, authenticate, or assemble; 

(10) the term ‘‘transfer’’ includes selecting an identification 

document, false identification document, or document-making 

implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is 

available to others; and 

ø(11) the term ‘‘State’’ includes any State of the United 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, and any other commonwealth, possession, or territory of 

the United States; and¿ 


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(12) the term ‘‘traffic’’ means— 

(A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or 

(B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. 

(e) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement 

agency of the United States, a State, or a political subdivision of 

a State, or of an intelligence agency of the United States, or any 

activity authorized under chapter 224 of this title. 

(f) ATTEMPT AND CONSPIRACY.—Any person who attempts or 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 attempt or conspiracy. 

(g) FORFEITURE PROCEDURES.—The forfeiture of property under 

this section, including any seizure and disposition of the property 

and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of 

that section) of the Comprehensive Drug Abuse Prevention and 

Control Act of 1970 (21 U.S.C. 853). 

(h) FORFEITURE; DISPOSITION.—In the circumstance in which any 

person is convicted of a violation of subsection (a), the court shall 

order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, 

identification documents, document-making implements, or means 

of identification. 

(i) RULE OF CONSTRUCTION.—For purpose of subsection (a)(7), a 

single identification document or false identification document that 

contains 1 or more means of identification shall be construed to be 

1 means of identification. 

* * * * * * * 

§ 1029. Fraud and related activity in connection with access 

devices 

(a) Whoever— 

(1) knowingly and with intent to defraud produces, uses, or 

traffics in one or more counterfeit access devices; 

(2) knowingly and with intent to defraud traffics in or uses 

one or more unauthorized access devices during any one-year 

period, and by such conduct obtains anything of value aggregating $1,000 or more during that period; 

(3) knowingly and with intent to defraud possesses fifteen or 

more devices which are counterfeit or unauthorized access devices; 

(4) knowingly, and with intent to defraud, produces, traffics 

in, has control or custody of, or possesses device-making equipment; 

(5) knowingly and with intent to defraud effects transactions, 

with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during 

any 1-year period the aggregate value of which is equal to or 

greater than $1,000; 

(6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for 

the purpose of— 


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(A) offering an access device; or 

(B) selling information regarding or an application to obtain an access device; 

(7) knowingly and with intent to defraud uses, produces, 

traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered 

to obtain unauthorized use of telecommunications services; 

(8) knowingly and with intent to defraud uses, produces, 

traffics in, has control or custody of, or possesses a scanning 

receiver; 

(9) knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has 

been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be 

used to obtain telecommunications service without authorization; or 

(10) without the authorization of the credit card system 

member or its agent, knowingly and with intent to defraud 

causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records 

of transactions made by an access device; 

shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section. 

(b)(1) Whoever attempts to commit an offense under subsection 

(a) of this section shall be subject to the same penalties as those 

prescribed for the offense attempted. 

(2) Whoever is a party to a conspiracy of two or more persons to 

commit an offense under subsection (a) of this section, if any of the 

parties engages in any conduct in furtherance of such offense, shall 

be fined an amount not greater than the amount provided as the 

maximum fine for such offense under subsection (c) of this section 

or imprisoned not longer than one-half the period provided as the 

maximum imprisonment for such offense under subsection (c) of 

this section, or both. 

(c) PENALTIES.— (1) GENERALLY.—The punishment for an offense under subsection (a) of this section is— 

(A) in the case of an offense that does not occur after a 

conviction for another offense under this section— 

(i) if the offense is under paragraph (1), (2), (3), (6), 

(7), or (10) of subsection (a), a fine under this title or 

imprisonment for not more than 10 years, or both; and 

(ii) if the offense is under paragraph (4), (5), (8), or 

(9) of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both; 

(B) in the case of an offense that occurs after a conviction for another offense under this section, a fine under 

this title or imprisonment for not more than 20 years, or 

both; and 

(C) in either case, forfeiture to the United States of any 

personal property used or intended to be used to commit 

the offense. 

(2) FORFEITURE PROCEDURE.—The forfeiture of property 

under this section, including any seizure and disposition of the 


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property and any related administrative and judicial proceeding, shall be governed by section 413 of the Controlled 

Substances Act, except for subsection (d) of that section. 

(d) The United States Secret Service shall, in addition to any 

other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United 

States Secret Service shall be exercised in accordance with an 

agreement which shall be entered into by the Secretary of the 

Treasury and the Attorney General. 

(e) As used in this section— 

(1) the term ‘‘access device’’ means any card, plate, code, account number, electronic serial number, mobile identification 

number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other 

means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate 

a transfer of funds (other than a transfer originated solely by 

paper instrument); 

(2) the term ‘‘counterfeit access device’’ means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access 

device; 

(3) the term ‘‘unauthorized access device’’ means any access 

device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud; 

(4) the term ‘‘produce’’ includes design, alter, authenticate, 

duplicate, or assemble; 

(5) the term ‘‘traffic’’ means transfer, or otherwise dispose of, 

to another, or obtain control of with intent to transfer or dispose of; 

(6) the term ‘‘device-making equipment’’ means any equipment, mechanism, or impression designed or primarily used for 

making an access device or a counterfeit access device; 

(7) the term ‘‘credit card system member’’ means a financial 

institution or other entity that is a member of a credit card 

system, including an entity, whether affiliated with or identical 

to the credit card issuer, that is the sole member of a credit 

card system; 

(8) the term ‘‘scanning receiver’’ means a device or apparatus 

that can be used to intercept a wire or electronic communication in violation of chapter 119 or to intercept an electronic serial number, mobile identification number, or other identifier 

of any telecommunications service, equipment, or instrument; 

(9) the term ‘‘telecommunications service’’ has the meaning 

given such term in section 3 of title I of the Communications 

Act of 1934 (47 U.S.C. 153); 

(10) the term ‘‘facilities-based carrier’’ means an entity that 

owns communications transmission facilities, is responsible for 

the operation and maintenance of those facilities, and holds an 

operating license issued by the Federal Communications Commission under the authority of title III of the Communications 

Act of 1934; and 

(11) the term ‘‘telecommunication identifying information’’ 

means electronic serial number or any other number or signal 


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that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument. 

(f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement 

agency of the United States, a State, or a political subdivision of 

a State, or of an intelligence agency of the United States, or any 

activity authorized under chapter 224 of this title. øFor purposes 

of this subsection, the term ‘‘State’’ includes a State of the United 

States, the District of Columbia, and any commonwealth, territory, 

or possession of the United States.¿ 

(g)(1) It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting 

the property or legal rights of that carrier, unless such conduct is 

for the purpose of obtaining telecommunications service provided 

by another facilities-based carrier without the authorization of such 

carrier. 

(2) In a prosecution for a violation of subsection (a)(9), (other 

than a violation consisting of producing or trafficking) it is an affirmative defense (which the defendant must establish by a preponderance of the evidence) that the conduct charged was engaged in 

for research or development in connection with a lawful purpose. 

(h) Any person who, outside the jurisdiction of the United States, 

engages in any act that, if committed within the jurisdiction of the 

United States, would constitute an offense under subsection (a) or 

(b) of this section, shall be subject to the fines, penalties, imprisonment, and forfeiture provided in this title if— 

(1) the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, 

credit card system member, or other entity within the jurisdiction of the United States; and 

(2) the person transports, delivers, conveys, transfers to or 

through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the 

commission of the offense or the proceeds of such offense or 

property derived therefrom. 

* * * * * * * 

§ 1030. Fraud and related activity in connection with computers 

(a) Whoever— 

(1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by 

the United States Government pursuant to an Executive order 

or statute to require protection against unauthorized disclosure 

for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the 

Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United 

States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, 

delivered, or transmitted, or attempts to communicate, deliver, 


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transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or 

willfully retains the same and fails to deliver it to the officer 

or employee of the United States entitled to receive it; 

(2) intentionally accesses a computer without authorization 

or exceeds authorized access, and thereby obtains— 

(A) information contained in a financial record of a financial institution, or of a card issuer as defined in section 

1602(n) of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined 

in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); 

(B) information from any department or agency of the 

United States; or 

(C) information from any protected computer; 

(3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United 

States, accesses such a computer of that department or agency 

that is exclusively for the use of the Government of the United 

States or, in the case of a computer not exclusively for such 

use, is used by or for the Government of the United States and 

such conduct affects that use by or for the Government of the 

United States; 

(4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized 

access, and by means of such conduct furthers the intended 

fraud and obtains anything of value, unless the object of the 

fraud and the thing obtained consists only of the use of the 

computer and the value of such use is not more than $5,000 

in any 1-year period; 

(5)(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; 

(B) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes 

damage; or 

(C) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage 

and loss. 

(6) knowingly and with intent to defraud traffics (as defined 

in section 1029) in any password or similar information 

through which a computer may be accessed without authorization, if— 

(A) such trafficking affects interstate or foreign commerce; or 

(B) such computer is used by or for the Government of 

the United States; 

(7) with intent to extort from any person any money or other 

thing of value, transmits in interstate or foreign commerce any 

communication containing any— 

(A) threat to cause damage to a protected computer; 

(B) threat to obtain information from a protected computer without authorization or in excess of authorization 

or to impair the confidentiality of information obtained 


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from a protected computer without authorization or by exceeding authorized access; or 

(C) demand or request for money or other thing of value 

in relation to damage to a protected computer, where such 

damage was caused to facilitate the extortion; 

shall be punished as provided in subsection (c) of this section. 

(b) Whoever conspires to commit or attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section. 

(c) The punishment for an offense under subsection (a) or (b) of 

this section is— 

(1)(A) a fine under this title or imprisonment for not more 

than ten years, or both, in the case of an offense under subsection (a)(1) of this section which does not occur after a conviction for another offense under this section, or an attempt to 

commit an offense punishable under this subparagraph; and 

(B) a fine under this title or imprisonment for not more than 

twenty years, or both, in the case of an offense under subsection (a)(1) of this section which occurs after a conviction for 

another offense under this section, or an attempt to commit an 

offense punishable under this subparagraph; 

(2)(A) except as provided in subparagraph (B), a fine under 

this title or imprisonment for not more than one year, or both, 

in the case of an offense under subsection (a)(2), (a)(3), or (a)(6) 

of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an 

offense punishable under this subparagraph; 

(B) a fine under this title or imprisonment for not more than 

5 years, or both, in the case of an offense under subsection 

(a)(2) or an attempt to commit an offense punishable under 

this subparagraph, if— 

(i) the offense was committed for purposes of commercial 

advantage or private financial gain; 

(ii) the offense was committed in furtherance of any 

criminal or tortious act in violation of the Constitution or 

laws of the United States or of any State; or 

(iii) the value of the information obtained exceeds 

$5,000; and 

(C) a fine under this title or imprisonment for not more than 

ten years, or both, in the case of an offense under subsection 

(a)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for another offense under such subsection, or an attempt 

to commit an offense punishable under this subparagraph; 

(3)(A) a fine under this title or imprisonment for not more 

than five years, or both, in the case of an offense under subsection (a)(4) or (a)(7) of this section which does not occur after 

a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and 

(B) a fine under this title or imprisonment for not more than 

ten years, or both, in the case of an offense under subsection 

(a)(4), or (a)(7) of this section which occurs after a conviction 

for another offense under this section, or an attempt to commit 

an offense punishable under this subparagraph; 


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(4)(A) except as provided in subparagraphs (E) and (F), a 

fine under this title, imprisonment for not more than 5 years, 

or both, in the case of— 

(i) an offense under subsection (a)(5)(B), which does not 

occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted 

offense, would, if completed, have caused)— 

(I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States 

only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; 

(II) the modification or impairment, or potential 

modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; 

(III) physical injury to any person; 

(IV) a threat to public health or safety; 

(V) damage affecting a computer used by or for an 

entity of the United States Government in furtherance 

of the administration of justice, national defense, or 

national security; or 

(VI) damage affecting 10 or more protected computers during any 1-year period; or 

(ii) an attempt to commit an offense punishable under 

this subparagraph; 

(B) except as provided in subparagraphs (E) and (F), a fine 

under this title, imprisonment for not more than 10 years, or 

both, in the case of— 

(i) an offense under subsection (a)(5)(A), which does not 

occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted 

offense, would, if completed, have caused) a harm provided 

in subclauses (I) through (VI) of subparagraph (A)(i); or 

(ii) an attempt to commit an offense punishable under 

this subparagraph; 

(C) except as provided in subparagraphs (E) and (F), a fine 

under this title, imprisonment for not more than 20 years, or 

both, in the case of— 

(i) an offense or an attempt to commit an offense under 

subparagraphs (A) or (B) of subsection (a)(5) that occurs 

after a conviction for another offense under this section; or 

(ii) an attempt to commit an offense punishable under 

this subparagraph; 

(D) a fine under this title, imprisonment for not more than 

10 years, or both, in the case of— 

(i) an offense or an attempt to commit an offense under 

subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or 

(ii) an attempt to commit an offense punishable under 

this subparagraph; 

(E) if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of 


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subsection (a)(5)(A), a fine under this title, imprisonment for 

not more than 20 years, or both; 

(F) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection 

(a)(5)(A), a fine under this title, imprisonment for any term of 

years or for life, or both; or 

(G) a fine under this title, imprisonment for not more than 

1 year, or both, for— 

(i) any other offense under subsection (a)(5); or 

(ii) an attempt to commit an offense punishable under 

this subparagraph. 

(d)(1) The United States Secret Service shall, in addition to any 

other agency having such authority, have the authority to investigate offenses under this section. 

(2) The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases 

involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 

2014(y)), except for offenses affecting the duties of the United 

States Secret Service pursuant to section 3056(a) of this title. 

(3) Such authority shall be exercised in accordance with an 

agreement which shall be entered into by the Secretary of the 

Treasury and the Attorney General. 

(e) As used in this section— 

(1) the term ‘‘computer’’ means an electronic, magnetic, optical, electrochemical, or other high speed data processing device 

performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, 

but such term does not include an automated typewriter or 

typesetter, a portable hand held calculator, or other similar device; 

(2) the term ‘‘protected computer’’ means a computer— 

(A) exclusively for the use of a financial institution or 

the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the 

conduct constituting the offense affects that use by or for 

the financial institution or the Government; or 

(B) which is used in or affecting interstate or foreign 

commerce or communication, including a computer located 

outside the United States that is used in a manner that 

affects interstate or foreign commerce or communication of 

the United States; 

ø(3) the term ‘‘State’’ includes the District of Columbia, the 

Commonwealth of Puerto Rico, and any other commonwealth, 

possession or territory of the United States;¿ 

(4) the term ‘‘financial institution’’ means— 

(A) an institution, with deposits insured by the Federal 

Deposit Insurance Corporation; 

(B) the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank; 


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(C) a credit union with accounts insured by the National 

Credit Union Administration; 

(D) a member of the Federal home loan bank system and 

any home loan bank; 

(E) any institution of the Farm Credit System under the 

Farm Credit Act of 1971; 

(F) a broker-dealer registered with the Securities and 

Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934; 

(G) the Securities Investor Protection Corporation; 

(H) 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 

(I) an organization operating under section 25 or section 

25(a) of the Federal Reserve Act; 

(5) the term ‘‘financial record’’ means information derived 

from any record held by a financial institution pertaining to a 

customer’s relationship with the financial institution; 

(6) the term ‘‘exceeds authorized access’’ means to access a 

computer with authorization and to use such access to obtain 

or alter information in the computer that the accesser is not 

entitled so to obtain or alter; 

(7) the term ‘‘department of the United States’’ means the 

legislative or judicial branch of the Government or one of the 

executive departments enumerated in section 101 of title 5; 

(8) the term ‘‘damage’’ means any impairment to the integrity or availability of data, a program, a system, or information; 

(9) the term ‘‘government entity’’ includes the Government of 

the United States, any State or political subdivision of the 

United States, any foreign country, and any state, province, 

municipality, or other political subdivision of a foreign country; 

(10) the term ‘‘conviction’’ shall include a conviction under 

the law of any State for a crime punishable by imprisonment 

for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer; 

(11) the term ‘‘loss’’ means any reasonable cost to any victim, 

including the cost of responding to an offense, conducting a 

damage assessment, and restoring the data, program, system, 

or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service; and 

(12) the term ‘‘person’’ means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity. 

(f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement 

agency of the United States, a State, or a political subdivision of 

a State, or of an intelligence agency of the United States. 

(g) Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator 

to obtain compensatory damages and injunctive relief or other equitable relief. A civil action for a violation of this section may be 

brought only if the conduct involves 1 of the factors set forth in 

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ages for a violation involving only conduct described in subsection 

(c)(4)(A)(i)(I) are limited to economic damages.. No action may be 

brought under this subsection unless such action is begun within 

2 years of the date of the act complained of or the date of the discovery of the damage. No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware. 

(h) The Attorney General and the Secretary of the Treasury shall 

report to the Congress annually, during the first 3 years following 

the date of the enactment of this subsection, concerning investigations and prosecutions under subsection (a)(5). 

(i)(1) The court, in imposing sentence on any person convicted of 

a violation of this section, or convicted of conspiracy to violate this 

section, shall order, in addition to any other sentence imposed and 

irrespective of any provision of State law, that such person forfeit 

to the United States— 

(A) such person’s interest in any personal property that was 

used or intended to be used to commit or to facilitate the commission of such violation; and 

(B) any property, real or personal, constituting or derived 

from, any proceeds that such person obtained, directly or indirectly, as a result of such violation. 

(2) The criminal forfeiture of property under this subsection, any 

seizure and disposition thereof, and any judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of 

the Comprehensive Drug Abuse Prevention and Control Act of 1970 

(21 U.S.C. 853), except subsection (d) of that section. 

(j) For purposes of subsection (i), the following shall be subject 

to forfeiture to the United States and no property right shall exist 

in them: 

(1) Any personal property used or intended to be used to 

commit or to facilitate the commission of any violation of this 

section, or a conspiracy to violate this section. 

(2) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this section, 

or a conspiracy to violate this section 

* * * * * * * 

§ 1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate 

commerce 

(a)(1) Whoever is engaged in the business of insurance whose activities affect interstate commerce and knowingly, with the intent 

to deceive, makes any false material statement or report or willfully and materially overvalues any land, property or security— 

(A) in connection with any financial reports or documents 

presented to any insurance regulatory official or agency or an 

agent or examiner appointed by such official or agency to examine the affairs of such person, and 

(B) for the purpose of influencing the actions of such official 

or agency or such an appointed agent or examiner, 

shall be punished as provided in paragraph (2). 

(2) The punishment for an offense under paragraph (1) is a fine 

as established under this title or imprisonment for not more than 

10 years, or both, except that the term of imprisonment shall be 


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not more than 15 years if the statement or report or overvaluing 

of land, property, or security jeopardized the safety and soundness 

of an insurer and was a significant cause of such insurer being 

placed in conservation, rehabilitation, or liquidation by an appropriate court. 

(b)(1) Whoever— 

(A) acting as, or being an officer, director, agent, or employee 

of, any person engaged in the business of insurance whose activities affect interstate commerce, or 

(B) is engaged in the business of insurance whose activities 

affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, 

willfully embezzles, abstracts, purloins, or misappropriates any of 

the moneys, funds, premiums, credits, or other property of such 

person so engaged shall be punished as provided in paragraph (2). 

(2) The punishment for an offense under paragraph (1) is a fine 

as provided under this title or imprisonment for not more than 10 

years, or both, except that if such embezzlement, abstraction, purloining, or misappropriation described in paragraph (1) jeopardized 

the safety and soundness of an insurer and was a significant cause 

of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not 

more than 15 years. If the amount or value so embezzled, abstracted, purloined, or misappropriated does not exceed $5,000, whoever 

violates paragraph (1) shall be fined as provided in this title or imprisoned not more than one year, or both. 

(c)(1) Whoever is engaged in the business of insurance and whose 

activities affect interstate commerce or is involved (other than as 

an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, knowingly makes any false entry of material fact in any book, report, 

or statement of such person engaged in the business of insurance 

with intent to deceive any person, including any officer, employee, 

or agent of such person engaged in the business of insurance, any 

insurance regulatory official or agency, or any agent or examiner 

appointed by such official or agency to examine the affairs of such 

person, about the financial condition or solvency of such business 

shall be punished as provided in paragraph (2). 

(2) The punishment for an offense under paragraph (1) is a fine 

as provided under this title or imprisonment for not more than 10 

years, or both, except that if the false entry in any book, report, 

or statement of such person jeopardized the safety and soundness 

of an insurer and was a significant cause of such insurer being 

placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. 

(d) Whoever, by threats or force or by any threatening letter or 

communication, corruptly influences, obstructs, or impedes or endeavors corruptly to influence, obstruct, or impede the due and 

proper administration of the law under which any proceeding involving the business of insurance whose activities affect interstate 

commerce is pending before any insurance regulatory official or 

agency or any agent or examiner appointed by such official or agency to examine the affairs of a person engaged in the business of insurance whose activities affect interstate commerce, shall be fined 


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as provided in this title or imprisoned not more than 10 years, or 

both. 

(e)(1)(A) Any individual who has been convicted of any criminal 

felony involving dishonesty or a breach of trust, or who has been 

convicted of an offense under this section, and who willfully engages in the business of insurance whose activities affect interstate 

commerce or participates in such business, shall be fined as provided in this title or imprisoned not more than 5 years, or both. 

(B) Any individual who is engaged in the business of insurance 

whose activities affect interstate commerce and who willfully permits the participation described in subparagraph (A) shall be fined 

as provided in this title or imprisoned not more than 5 years, or 

both. 

(2) A person described in paragraph (1)(A) may engage in the 

business of insurance or participate in such business if such person 

has the written consent of any insurance regulatory official authorized to regulate the insurer, which consent specifically refers to 

this subsection. 

(f) As used in this section— 

(1) the term ‘‘business of insurance’’ means— 

(A) the writing of insurance, or 

(B) the reinsuring of risks, 

by an insurer, including all acts necessary or incidental to such 

writing or reinsuring and the activities of persons who act as, 

or are, officers, directors, agents, or employees of insurers or 

who are other persons authorized to act on behalf of such persons; 

(2) the term ‘‘insurer’’ means any entity the business activity 

of which is the writing of insurance or the reinsuring of risks, 

and includes any person who acts as, or is, an officer, director, 

agent, or employee of that business; and 

(3) the term ‘‘interstate commerce’’ means— 

(A) commerce within the District of Columbia, or any 

territory or possession of the United States; 

(B) all commerce between any point in the State, territory, possession, or the District of Columbia and any point 

outside thereof; 

(C) all commerce between points within the same State 

through any place outside such State; or 

(D) all other commerce over which the United States has 

jurisdictionø; and¿. 

ø(4) the term ‘‘State’’ includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the 

Trust Territory of the Pacific Islands.¿ 

* * * * * * * 

CHAPTER 49—FUGITIVES FROM JUSTICE 

* * * * * * * 

§ 1073. Flight to avoid prosecution or giving testimony 

Whoever moves or travels in interstate or foreign commerce with 

intent either (1) to avoid prosecution, or custody or confinement 

after conviction, under the laws of the place from which he flees, 


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for a crime, or an attempt to commit a crime, punishable by death 

or which is a felony under the laws of the place from which the fugitive flees, or (2) to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by death or which is a felony under the laws of such place, 

is charged, or (3) to avoid service of, or contempt proceedings for 

alleged disobedience of, lawful process requiring attendance and 

the giving of testimony or the production of documentary evidence 

before an agency of a State empowered by the law of such State 

to conduct investigations of alleged criminal activities, shall be 

fined under this title or imprisoned not more than five years, or 

both. øFor the purposes of clause (3) of this paragraph, the term 

‘‘State’’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United 

States.¿ 

Violations of this section may be prosecuted only in the Federal 

judicial district in which the original crime was alleged to have 

been committed, or in which the person was held in custody or confinement, or in which an avoidance of service of process or a contempt referred to in clause (3) of the first paragraph of this section 

is alleged to have been committed, and only upon formal approval 

in writing by the Attorney General, the Deputy Attorney General, 

the Associate Attorney General, or an Assistant Attorney General 

of the United States, which function of approving prosecutions may 

not be delegated. 

§ 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property 

(a) Whoever moves or travels in interstate or foreign commerce 

with intent either (1) to avoid prosecution, or custody, or confinement after conviction, under the laws of the place from which he 

flees, for willfully attempting to or damaging or destroying by fire 

or explosive any building, structure, facility, vehicle, dwelling 

house, synagogue, church, religious center or educational institution, public or private, or (2) to avoid giving testimony in any criminal proceeding relating to any such offense shall be fined under 

this title or imprisoned not more than five years, or both. 

(b) Violations of this section may be prosecuted in the Federal judicial district in which the original crime was alleged to have been 

committed or in which the person was held in custody or confinement: Provided, however, That this section shall not be construed 

as indicating an intent on the part of Congress to prevent any 

Stateø, Territory, Commonwealth, or possession of the United 

States¿ of any jurisdiction over any offense over which øthey 

would¿ it would have jurisdiction in the absence of such section. 

* * * * * * * 

CHAPTER 50—GAMBLING 

* * * * * * * 

§ 1084. Transmission of wagering information; penalties 

(a) Whoever being engaged in the business of betting or wagering 

knowingly uses a wire communication facility for the transmission 

in interstate or foreign commerce of bets or wagers or information 


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assisting in the placing of bets or wagers on any sporting event or 

contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or 

wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than 

two years, or both. 

(b) Nothing in this section shall be construed to prevent the 

transmission in interstate or foreign commerce of information for 

use in news reporting of sporting events or contests, or for the 

transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State or foreign country 

where betting on that sporting event or contest is legal into a State 

or foreign country in which such betting is legal. 

(c) Nothing contained in this section shall create immunity from 

criminal prosecution under any laws of any State. 

(d) When any common carrier, subject to the jurisdiction of the 

Federal Communications Commission, is notified in writing by a 

Federal, State, or local law enforcement agency, acting within its 

jurisdiction, that any facility furnished by it is being used or will 

be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, 

State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to 

the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in 

compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right 

of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State 

or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored. 

ø(e) As used in this section, the term ‘‘State’’ means a State of 

the United States, the District of Columbia, the Commonwealth of 

Puerto Rico, or a commonwealth, territory or possession of the 

United States.¿ 

* * * * * * * 

CHAPTER 51—HOMICIDE 

§ 1111. Murder 

(a) Murder is the unlawful killing of a human being with malice 

aforethought. Every murder perpetrated by poison, lying in wait, or 

any other kind of willful, deliberate, malicious, and premeditated 

killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, 

sabotage, aggravated sexual abuse or sexual abuse, child abuse, 

burglary, or robbery; or perpetrated as part of a pattern or practice 

of assault or torture against a child or children; or perpetrated 

from a premeditated design unlawfully and maliciously to effect the 

death of any human being other than him who is killed, is murder 

in the first degree. Any other murder is murder in the second degree. 

(b) Within the special maritime and territorial jurisdiction of the 

United States, 


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Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life; 

Whoever is guilty of murder in the second degree, shall be 

imprisoned for any term of years or for life. 

(c) For purposes of this section— 

(1) the term ‘‘assault’’ has the same meaning as given that 

term in section 113; 

(2) the term ‘‘child’’ means a person who has not attained the 

age of 18 years and is— 

(A) under the perpetrator’s care or control; or 

(B) at least six years younger than the perpetrator; 

(3) the term ‘‘child abuse’’ means intentionally or knowingly 

causing death or serious bodily injury to a child; 

(4) the term ‘‘pattern or practice of assault or torture’’ means 

assault or torture engaged in on at least two occasions; and 

ø(5) the term ‘‘serious bodily injury’’ has the meaning set 

forth in section 1365; and¿ 

(6) the term ‘‘torture’’ means conduct, whether or not committed under the color of law, that otherwise satisfies the definition set forth in section 2340(1). 

* * * * * * * 

§ 1121. Killing persons aiding Federal investigations or State 

correctional officers 

(a) Whoever intentionally kills— 

(1) a State or local official, law enforcement officer, or other 

officer or employee while working with Federal law enforcement officials in furtherance of a Federal criminal investigation— 

(A) while the victim is engaged in the performance of official duties; 

(B) because of the performance of the victim’s official duties; or 

(C) because of the victim’s status as a public servant; or 

(2) any person assisting a Federal criminal investigation, 

while that assistance is being rendered and because of it, 

shall be sentenced according to the terms of section 1111, including 

by sentence of death or by imprisonment for life. 

(b)(1) Whoever, in a circumstance described in paragraph (3) of 

this subsection, while incarcerated, intentionally kills any State 

correctional officer engaged in, or on account of the performance of 

such officer’s official duties, shall be sentenced to a term of imprisonment which shall not be less than 20 years, and may be sentenced to life imprisonment or death. 

(2) As used in this section, the term, ‘‘State correctional officer’’ 

includes any officer or employee of any prison, jail, or other detention facility, operated by, or under contract to, either a State or 

local governmental agency, whose job responsibilities include providing for the custody of incarcerated individuals. 

(3) The circumstance referred to in paragraph (1) is that— 

(A) the correctional officer is engaged in transporting the incarcerated person interstate; or 

(B) the incarcerated person is incarcerated pursuant to a 

conviction for an offense against the United States. 


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ø(c) For the purposes of this section, the term ‘‘State’’ means a 

State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 

CHAPTER 53—INDIANS 

* * * * * * * 

§ 1162. State jurisdiction over offenses committed by or 

against Indians in the Indian country 

(a) Each of the States øor Territories¿ listed in the following 

table shall have jurisdiction over offenses committed by or against 

Indians in the areas of Indian country listed opposite the name of 

the State øor Territory¿ to the same extent that such State øor 

Territory¿ has jurisdiction over offenses committed elsewhere within the State øor Territory¿, and the criminal laws of such State øor 

Territory¿ shall have the same force and effect within such Indian 

country as they have elsewhere within the State øor Territory¿: 

State or Territory of Indian country affected 

Alaska All Indian country within the State, except that on Annette 

Islands, the Metlakatla Indian community may exercise 

jurisdiction over offenses committed by Indians in the 

same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which State 

jurisdiction has not been extended. 

California All Indian country within the State. 

Minnesota All Indian country within the State, except the Red Lake 

Reservation. 

Nebraska All Indian country within the State. 

Oregon All Indian country within the State, except the Warm 

Springs Reservation.

Wisconsin All Indian country within the State. 

(b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including 

water rights, belonging to any Indian or any Indian tribe, band, or 

community that is held in trust by the United States or is subject 

to a restriction against alienation imposed by the United States; or 

shall authorize regulation of the use of such property in a manner 

inconsistent with any Federal treaty, agreement, or statute or with 

any regulation made pursuant thereto; or shall deprive any Indian 

or any Indian tribe, band, or community of any right, privilege, or 

immunity afforded under Federal treaty, agreement, or statute 

with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof. 

(c) The provisions of sections 1152 and 1153 of this chapter shall 

not be applicable within the areas of Indian country listed in subsection (a) of this section as areas over which the several States 

have exclusive jurisdiction. 

(d) Notwithstanding subsection (c), at the request of an Indian 

tribe, and after consultation with and consent by the Attorney General— 


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(1) sections 1152 and 1153 shall apply in the areas of the Indian country of the Indian tribe; and 

(2) jurisdiction over those areas shall be concurrent among 

the Federal Government, State governments, and, where applicable, tribal governments. 

* * * * * * * 

CHAPTER 55—KIDNAPPING 

* * * * * * * 

§ 1202. Ransom money 

(a) Whoever receives, possesses, or disposes of any money or 

other property, or any portion thereof, which has at any time been 

delivered as ransom or reward in connection with a violation of section 1201 of this title, knowing the same to be money or property 

which has been at any time delivered as such ransom or reward, 

shall be fined under this title or imprisoned not more than ten 

years, or both. 

(b) A person who transports, transmits, or transfers in interstate 

or foreign commerce any proceeds of a kidnapping punishable 

under State law by imprisonment for more than 1 year, or receives, 

possesses, conceals, or disposes of any such proceeds after they 

have crossed a State or United States boundary, knowing the proceeds to have been unlawfully obtained, shall be imprisoned not 

more than 10 years, fined under this title, or both. 

ø(c) For purposes of this section, the term ‘‘State’’ has the meaning set forth in section 245(d) of this title.¿ 

* * * * * * * 

CHAPTER 59—LIQUOR TRAFFIC 

* * * * * * * 

§ 1262. Transportation into State prohibiting sale 

Whoever imports, brings, or transports any intoxicating liquor 

into any Stateø, Territory, District, or Possession¿ in which all 

sales, except for scientific, sacramental, medicinal, or mechanical 

purposes, of intoxicating liquor containing more than 4 per centum 

of alcohol by volume or 3.2 per centum of alcohol by weight are prohibited, otherwise than in the course of continuous interstate transportation through such Stateø, Territory, District, or Possession¿ or 

attempts so to do, or assists in so doing, 

Shall (1) If such liquor is not accompanied by such permits, or 

licenses therefor as may be required by the laws of such Stateø, 

Territory, District, or Possession¿ or (2) if all importation, bringing, 

or transportation of intoxicating liquor into such Stateø, Territory, 

District, or Possession¿ is prohibited by the laws thereof, be fined 

under this title or imprisoned not more than one year, or both. 

In the enforcement of this section, the definition of intoxicating 

liquor contained in the laws of the respective States, Territories, 

Districts, or Possessions shall be applied, but only to the extent 

that sales of such intoxicating liquor (except for scientific, sacVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00116 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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ramental, medicinal, and mechanical purposes) are prohibited 

therein. 

* * * * * * * 

§ 1265. C.O.D. shipments prohibited 

Any railroad or express company, or other common carrier which, 

or any person who, in connection with the transportation of any 

spirituous, vinous, malted, or other fermented liquor, or any compound containing any spirituous, vinous, malted, or other fermented liquor fit for use for beverage purposes, into any Stateø, Territory, District or Possession¿ of the United States, which prohibits the delivery or sale therein of such liquor, collects the purchase price or any part thereof, before, on, or after delivery, from 

the consignee, or from any other person, or in any manner acts as 

the agent of the buyer or seller of any such liquor, for the purpose 

of buying or selling or completing the sale thereof, saving only in 

the actual transportation and delivery of the same, shall be fined 

under this title or imprisoned not more than one year, or both. 

* * * * * * * 

CHAPTER 61—LOTTERIES 

* * * * * * * 

§ 1307. Exceptions relating to certain advertisements and 

other information and to State-conducted lotteries 

(a) The provisions of sections 1301, 1302, 1303, and 1304 shall 

not apply to— 

(1) an advertisement, list of prizes, or other information concerning a lottery conducted by a State acting under the authority of State law which is— 

(A) contained in a publication published in that State or 

in a State which conducts such a lottery; or 

(B) broadcast by a radio or television station licensed to 

a location in that State or a State which conducts such a 

lottery; or 

(2) an advertisement, list of prizes, or other information concerning a lottery, gift enterprise, or similar scheme, other than 

one described in paragraph (1), that is authorized or not otherwise prohibited by the State in which it is conducted and 

which is— 

(A) conducted by a not-for-profit organization or a governmental organization; or 

(B) conducted as a promotional activity by a commercial 

organization and is clearly occasional and ancillary to the 

primary business of that organization. 

(b) The provisions of sections 1301, 1302, and 1303 shall not 

apply to the transportation or mailing— 

(1) to addresses within a State of equipment, tickets, or material concerning a lottery which is conducted by that State 

acting under the authority of State law; or 

(2) to an addressee within a foreign country of equipment, 

tickets, or material designed to be used within that foreign 

country in a lottery which is authorized by the law of that foreign country. 


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(c) For the purposes of this section ø(1) ‘‘State’’ means a State of 

the United States, the District of Columbia, the Commonwealth of 

Puerto Rico, or any territory or possession of the United States; 

and (2)¿ ‘‘foreign country’’ means any empire, country, dominion, 

colony, or protectorate, or any subdivision thereof (other than the 

United States, its territories or possessions). 

(d) For the purposes of subsection (b) of this section ‘‘lottery’’ 

means the pooling of proceeds derived from the sale of tickets or 

chances and allotting those proceeds or parts thereof by chance to 

one or more chance takers or ticket purchasers. ‘‘Lottery’’ does not 

include the placing or accepting of bets or wagers on sporting 

events or contests. For purposes of this section, the term a ‘‘not-forprofit organization’’ means any organization that would qualify as 

tax exempt under section 501 of the Internal Revenue Code of 

1986. 

* * * * * * * 

CHAPTER 63—MAIL FRAUD AND OTHER FRAUD 

OFFENSES 

* * * * * * * 

§ 1347. Health care fraud 

(a) Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice— 

(1) to defraud any health care benefit program; or 

(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned 

by, or under the custody or control of, any health care benefit 

program, 

in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned 

not more than 10 years, or both. If the violation results in serious 

bodily injury ø(as defined in section 1365 of this title)¿, such person shall be fined under this title or imprisoned not more than 20 

years, or both; and if the violation results in death, such person 

shall be fined under this title, or imprisoned for any term of years 

or for life, or both. 

(b) With respect to violations of this section, a person need not 

have actual knowledge of this section or specific intent to commit 

a violation of this section. 

* * * * * * * 

CHAPTER 65—MALICIOUS MISCHIEF 

* * * * * * * 

§ 1365. Tampering with consumer products 

(a) Whoever, with reckless disregard for the risk that another 

person will be placed in danger of death or bodily injury and under 

circumstances manifesting extreme indifference to such risk, 

tampers with any consumer product that affects interstate or foreign commerce, or the labeling of, or container for, any such product, or attempts to do so, shall— 


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(1) in the case of an attempt, be fined under this title or imprisoned not more than ten years, or both; 

(2) if death of an individual results, be fined under this title 

or imprisoned for any term of years or for life, or both; 

(3) if serious bodily injury to any individual results, be fined 

under this title or imprisoned not more than twenty years, or 

both; and 

(4) in any other case, be fined under this title or imprisoned 

not more than ten years, or both. 

(b) Whoever, with intent to cause serious injury to the business 

of any person, taints any consumer product or renders materially 

false or misleading the labeling of, or container for, a consumer 

product, if such consumer product affects interstate or foreign commerce, shall be fined under this title or imprisoned not more than 

three years, or both. 

(c)(1) Whoever knowingly communicates false information that a 

consumer product has been tainted, if such product or the results 

of such communication affect interstate or foreign commerce, and 

if such tainting, had it occurred, would create a risk of death or 

bodily injury to another person, shall be fined under this title or 

imprisoned not more than five years, or both. 

(2) As used in paragraph (1) of this subsection, the term ‘‘communicates false information’’ means communicates information that is 

false and that the communicator knows is false, under circumstances in which the information may reasonably be expected 

to be believed. 

(d) Whoever knowingly threatens, under circumstances in which 

the threat may reasonably be expected to be believed, that conduct 

that, if it occurred, would violate subsection (a) of this section will 

occur, shall be fined under this title or imprisoned not more than 

five years, or both. 

(e) Whoever is a party to a conspiracy of two or more persons to 

commit an offense under subsection (a) of this section, if any of the 

parties intentionally engages in any conduct in furtherance of such 

offense, shall be fined under this title or imprisoned not more than 

ten years, or both. 

(f)(1) Whoever, without the consent of the manufacturer, retailer, 

or distributor, intentionally tampers with a consumer product that 

is sold in interstate or foreign commerce by knowingly placing or 

inserting any writing in the consumer product, or in the container 

for the consumer product, before the sale of the consumer product 

to any consumer shall be fined under this title, imprisoned not 

more than 1 year, or both. 

(2) Notwithstanding the provisions of paragraph (1), if any person commits a violation of this subsection after a prior conviction 

under this section becomes final, such person shall be fined under 

this title, imprisoned for not more than 3 years, or both. 

(3) In this subsection, the term ‘‘writing’’ means any form of representation or communication, including hand-bills, notices, or advertising, that contain letters, words, or pictorial representations. 

(g) In addition to any other agency which has authority to investigate violations of this section, the Food and Drug Administration 

and the Department of Agriculture, respectively, have authority to 

investigate violations of this section involving a consumer product 


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that is regulated by a provision of law such Administration or Department, as the case may be, administers. 

(h) As used in this section— 

(1) the term ‘‘consumer product’’ means— 

(A) any ‘‘food’’, ‘‘drug’’, ‘‘device’’, or ‘‘cosmetic’’, as those 

terms are respectively defined in section 201 of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 321); or 

(B) any article, product, or commodity which is customarily produced or distributed for consumption by individuals, or use by individuals for purposes of personal care or 

in the performance of services ordinarily rendered within 

the household, and which is designed to be consumed or 

expended in the course of such consumption or use; and 

(2) the term ‘‘labeling’’ has the meaning given such term in 

section 201(m) of the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 321(m))ø;¿. ø(3) the term ‘‘serious bodily injury’’ means bodily injury 

which involves— 

ø(A) a substantial risk of death; 

ø(B) extreme physical pain; 

ø(C) protracted and obvious disfigurement; or 

ø(D) protracted loss or impairment of the function of a 

bodily member, organ, or mental faculty; and¿ 

(4) the term ‘‘bodily injury’’ means— 

(A) a cut, abrasion, bruise, burn, or disfigurement; 

(B) physical pain; 

(C) illness; 

(D) impairment of the function of a bodily member, 

organ, or mental faculty; or 

(E) any other injury to the body, no matter how temporary. 

* * * * * * * 

CHAPTER 73—OBSTRUCTION OF JUSTICE 

* * * * * * * 

§ 1511. Obstruction of State or local law enforcement 

(a) It shall be unlawful for two or more persons to conspire to obstruct the enforcement of the criminal laws of a State or political 

subdivision thereof, with the intent to facilitate an illegal gambling 

business if— 

(1) one or more of such persons does any act to effect the object of such a conspiracy; 

(2) one or more of such persons is an official or employee, 

elected, appointed, or otherwise, of such State or political subdivision; and 

(3) one or more of such persons conducts finances, manages, 

supervises, directs, or owns all or part of an illegal gambling 

business. 

(b) As used in this section— 

(1) ‘‘illegal gambling business’’ means a gambling business 

which— 

(i) is a violation of the law of a State or political subdivision in which it is conducted; 


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(ii) involves five or more persons who conduct, finance, 

manage, supervise, direct, or own all or part of such business; and 

(iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross 

revenue of $2,000 in any single day. 

(2) ‘‘gambling’’ includes but is not limited to pool-selling, 

bookmaking, maintaining slot machines, roulette wheels, or 

dice tables, and conducting lotteries, policy, bolita or numbers 

games, or selling chances therein. 

ø(3) ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any 

territory or possession of the United States.¿ 

(c) This section shall not apply to any bingo game, lottery, or 

similar game of chance conducted by an organization exempt from 

tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, as amended, if no part of the gross receipts derived from such activity inures to the benefit of any private shareholder, member, or employee of such organization, except 

as compensation for actual expenses incurred by him in the conduct of such activity. 

(d) Whoever violates this section shall be punished by a fine 

under this title or imprisonment for not more than five years, or 

both. 

* * * * * * * 

CHAPTER 75—PASSPORTS AND VISAS 

§ 1541. Issuance without authority 

Whoever, acting or claiming to act in any office or capacity under 

the United States, or a State, without lawful authority grants, 

issues, or verifies any passport or other instrument in the nature 

of a passport to or for any person whomsoever; or 

Whoever, being a consular officer authorized to grant, issue, or 

verify passports, knowingly and willfully grants, issues, or verifies 

any such passport to or for any person not owing allegiance, to the 

United States, whether a citizen or not— 

Shall be fined under this title, 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. 

ø 

øFor purposes of this section, the term ‘‘State’’ means a State of 

the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 


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§ 1546. Fraud and misuse of visas, permits, and other documents 

(a) Whoever knowingly forges, counterfeits, alters, or falsely 

makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, 

attempts to use, possesses, obtains, accepts, or receives any such 

visa, permit, border crossing card, alien registration receipt card, or 

other document prescribed by statute or regulation for entry into 

or as evidence of authorized stay or employment in the United 

States, knowing it to be forged, counterfeited, altered, or falsely 

made, or to have been procured by means of any false claim or 

statement, or to have been otherwise procured by fraud or unlawfully obtained; or 

Whoever, except under direction of the Attorney General or the 

Commissioner of the Immigration and Naturalization Service, or 

other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control 

or possession any plate in the likeness of a plate designed for the 

printing of permits, or makes any print, photograph, or impression 

in the likeness of any immigrant or nonimmigrant visa, permit or 

other document required for entry into the United States, or has 

in his possession a distinctive paper which has been adopted by the 

Attorney General or the Commissioner of the Immigration and 

Naturalization Service for the printing of such visas, permits, or 

documents; or 

Whoever, when applying for an immigrant or nonimmigrant visa, 

permit, or other document required for entry into the United 

States, or for admission to the United States personates another, 

or falsely appears in the name of a deceased individual, or evades 

or attempts to evade the immigration laws by appearing under an 

assumed or fictitious name without disclosing his true identity, or 

sells or otherwise disposes of, or offers to sell or otherwise dispose 

of, or utters, such visa, permit, or other document, to any person 

not authorized by law to receive such document; or 

Whoever knowingly makes under oath, or as permitted under 

penalty of perjury under section 1746 of title 28, United States 

Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed 

thereunder, or knowingly presents any such application, affidavit, 

or other document which contains any such false statement or 

which fails to contain any reasonable basis in law or fact— 

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. 

(b) Whoever uses— 


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(1) an identification document, knowing (or having reason to 

know) that the document was not issued lawfully for the use 

of the possessor, 

(2) an identification document knowing (or having reason to 

know) that the document is false, or 

(3) a false attestation, 

for the purpose of satisfying a requirement of section 274A(b) of the 

Immigration and Nationality Act, shall be fined under this title, 

imprisoned not more than 5 years, or both. 

(c) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement 

agency of the United States, a State, or a subdivision of a State, 

or of an intelligence agency of the United States, or any activity 

authorized under title V of the Organized Crime Control Act of 

1970 (18 U.S.C. note prec. 3481). øFor purposes of this section, the 

term ‘‘State’’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the 

United States.¿ 

* * * * * * * 

CHAPTER 83—POSTAL SERVICE 

* * * * * * * 

§ 1715. Firearms as nonmailable; regulations 

Pistols, revolvers, and other firearms capable of being concealed 

on the person are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the 

Postal Service. Such articles may be conveyed in the mails, under 

such regulations as the Postal Service shall prescribe, for use in 

connection with their official duty, to officers of the Army, Navy, 

Air Force, Coast Guard, Marine Corps, or Organized Reserve 

Corps; to officers of the National Guard or Militia of a Stateø, Territory, Commonwealth, Possession, or District¿; to officers of the 

United States or of a Stateø, Territory, Commonwealth, Possession, 

or District¿ whose official duty is to serve warrants of arrest or 

commitments; to employees of the Postal Service; to officers and 

employees of enforcement agencies of the United States; and to 

watchmen engaged in guarding the property of the United States, 

a Stateø, Territory, Commonwealth, Possession, or District¿. Such 

articles also may be conveyed in the mails to manufacturers of firearms or bona fide dealers therein in customary trade shipments, 

including such articles for repairs or replacement of parts, from one 

to the other, under such regulations as the Postal Service shall prescribe. 

Whoever knowingly deposits for mailing or delivery, or knowingly 

causes to be delivered by mail according to the direction thereon, 

or at any place to which it is directed to be delivered by the person 

to whom it is addressed, any pistol, revolver, or firearm declared 

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

§ 1716. Injurious articles as nonmailable 

(a) All kinds of poison, and all articles and compositions containing poison, and all poisonous animals, insects, reptiles, and all 


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explosives, hazardous materials, inflammable materials, infernal 

machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, and all disease germs or scabs, 

and all other natural or artificial articles, compositions, or material 

which may kill or injure another, or injure the mails or other property, whether or not sealed as first-class matter, are nonmailable 

matter and shall not be conveyed in the mails or delivered from 

any post office or station thereof, nor by any officer or employee of 

the Postal Service. 

(b) The Postal Service may permit the transmission in the mails, 

under such rules and regulations as it shall prescribe as to preparation and packing, of any such articles which are not outwardly 

or of their own force dangerous or injurious to life, health, or property. 

(c) The Postal Service is authorized and directed to permit the 

transmission in the mails, under regulations to be prescribed by it, 

of live scorpions which are to be used for purposes of medical research or for the manufacture of antivenom. Such regulations shall 

include such provisions with respect to the packaging of such live 

scorpions for transmission in the mails as the Postal Service deems 

necessary or desirable for the protection of Postal Service personnel 

and of the public generally and for ease of handling by such personnel and by any individual connected with such research or manufacture. Nothing contained in this paragraph shall be construed 

to authorize the transmission in the mails of live scorpions by 

means of aircraft engaged in the carriage of passengers for compensation or hire. 

(d) The transmission in the mails of poisonous drugs and medicines may be limited by the Postal Service to shipments of such articles from the manufacturer thereof or dealer therein to licensed 

physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians under such rules and regulations 

as it shall prescribe. 

(e) The transmission in the mails of poisons for scientific use, 

and which are not outwardly dangerous or of their own force dangerous or injurious to life, health, or property, may be limited by 

the Postal Service to shipments of such articles between the manufacturers thereof, dealers therein, bona fide research or experimental scientific laboratories, and such other persons who are employees of the Federal, a State, or local government, whose official 

duties are comprised, in whole or in part, of the use of such poisons, and who are designated by the head of the agency in which 

they are employed to receive or send such articles, under such 

rules and regulations as the Postal Service shall prescribe. 

(f) All spirituous, vinous, malted, fermented, or other intoxicating 

liquors of any kind are nonmailable and shall not be deposited in 

or carried through the mails. 

(g) All knives having a blade which opens automatically (1) by 

hand pressure applied to a button or other device in the handle of 

the knife, or (2) by operation of inertia, gravity, or both, are nonmailable and shall not be deposited in or carried by the mails or 

delivered by any officer or employee of the Postal Service. Such 

knives may be conveyed in the mails, under such regulations as the 

Postal Service shall prescribe— 


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(1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government; 

(2) to supply or procurement officers of the National Guard, 

the Air National Guard, or militia of a State ordering, procuring, or purchasing such knives in connection with the activities of such organizations; 

(3) to supply or procurement officers or employees of any 

State, or any political subdivision of a State or Territory, ordering, procuring, or purchasing such knives in connection with 

the activities of such government; and 

(4) to manufacturers of such knives or bona fide dealers 

therein in connection with any shipment made pursuant to an 

order from any person designated in paragraphs (1), (2), and 

(3). 

The Postal Service may require, as a condition of conveying any 

such knife in the mails, that any person proposing to mail such 

knife explain in writing to the satisfaction of the Postal Service 

that the mailing of such knife will not be in violation of this section. 

(h) Any advertising, promotional, or sales matter which solicits 

or induces the mailing of anything declared nonmailable by this 

section is likewise nonmailable unless such matter contains wrapping or packaging instructions which are in accord with regulations 

promulgated by the Postal Service. 

(i)(1) Any ballistic knife shall be subject to the same restrictions 

and penalties provided under subsection (g) for knives described in 

the first sentence of that subsection. 

(2) As used in this subsection, the term ‘‘ballistic knife’’ means 

a knife with a detachable blade that is propelled by a spring-operated mechanism. 

(j)(1) Whoever knowingly deposits for mailing or delivery, or 

knowingly causes to be delivered by mail, according to the direction 

thereon, or at any place at which it is directed to be delivered by 

the person to whom it is addressed, anything declared nonmailable 

by this section, unless in accordance with the rules and regulations 

authorized to be prescribed by the Postal Service, shall be fined 

under this title or imprisoned not more than one year, or both. 

(2) Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction 

thereon or at any place to which it is directed to be delivered by 

the person to whom it is addressed, anything declared nonmailable 

by this section, whether or not transmitted in accordance with the 

rules and regulations authorized to be prescribed by the Postal 

Service, with intent to kill or injure another, or injure the mails or 

other property, shall be fined under this title or imprisoned not 

more than twenty years, or both. 

(3) Whoever is convicted of any crime prohibited by this section, 

which has resulted in the death of any person, shall be subject also 

to the death penalty or to imprisonment for life. 

ø(k) For purposes of this section, the term ‘‘State’’ includes a 

State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 


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§ 1716E. Tobacco products as nonmailable 

(a) PROHIBITION.— (1) IN GENERAL.—All cigarettes and smokeless tobacco (as 

those terms are defined in section 1 of the Act of October 19, 

1949, commonly referred to as the Jenkins Act) are nonmailable and shall not be deposited in or carried through the 

mails. The United States Postal Service shall not accept for delivery or transmit through the mails any package that it knows 

or has reasonable cause to believe contains any cigarettes or 

smokeless tobacco made nonmailable by this paragraph. 

(2) REASONABLE CAUSE.—For the purposes of this subsection 

reasonable cause includes— 

(A) a statement on a publicly available website, or an 

advertisement, by any person that the person will mail 

matter which is nonmailable under this section in return 

for payment; or 

(B) the fact that the person is on the list created under 

section 2A(e) of the Jenkins Act. 

(b) EXCEPTIONS.— (1) CIGARS.—Subsection (a) shall not apply to cigars (as defined in section 5702(a) of the Internal Revenue Code of 1986). 

(2) GEOGRAPHIC EXCEPTION.—Subsection (a) shall not apply 

to mailings within the State of Alaska or within the State of 

Hawaii. 

(3) BUSINESS PURPOSES.— (A) IN GENERAL.—Subsection (a) shall not apply to tobacco products mailed only— 

(i) for business purposes between legally operating 

businesses that have all applicable State and Federal 

Government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, 

export, import, testing, investigation, or research; or 

(ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government. 

(B) RULES.— (i) IN GENERAL.—Not later than 180 days after the 

date of enactment of the Prevent All Cigarette Trafficking Act of 2009, the Postmaster General shall issue 

a final rule which shall establish the standards and 

requirements that apply to all mailings described in 

subparagraph (A). 

(ii) CONTENTS.—The final rule issued under clause 

(i) shall require— 

(I) the United States Postal Service to verify 

that any person submitting an otherwise nonmailable tobacco product into the mails as authorized under this paragraph is a business or government agency permitted to make a mailing under 

this paragraph; 

(II) the United States Postal Service to ensure 

that any recipient of an otherwise nonmailable tobacco product sent through the mails under this 

paragraph is a business or government agency 

that may lawfully receive the product; 


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(III) that any mailing described in subparagraph (A) shall be sent through the systems of the 

United States Postal Service that provide for the 

tracking and confirmation of the delivery; 

(IV) that the identity of the business or government entity submitting the mailing containing 

otherwise nonmailable tobacco products for delivery and the identity of the business or government 

entity receiving the mailing are clearly set forth 

on the package; 

(V) the United States Postal Service to maintain 

identifying information described in subclause (IV) 

during the 3-year period beginning on the date of 

the mailing and make the information available to 

the Postal Service, the Attorney General of the 

United States, and to persons eligible to bring enforcement actions under section 3(d) of the Prevent All Cigarette Trafficking Act of 2009; 

(VI) that any mailing described in subparagraph 

(A) be marked with a United States Postal Service 

label or marking that makes it clear to employees 

of the United States Postal Service that it is a 

permitted mailing of otherwise nonmailable tobacco products that may be delivered only to a 

permitted government agency or business and 

may not be delivered to any residence or individual person; and 

(VII) that any mailing described in subparagraph (A) be delivered only to a verified employee 

of the recipient business or government agency, 

who is not a minor and who shall be required to 

sign for the mailing. 

(C) DEFINITION.—In this paragraph, the term ‘‘minor’’ 

means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as 

determined by applicable law at the place the individual is 

located. 

(4) CERTAIN INDIVIDUALS.— (A) IN GENERAL.—Subsection (a) shall not apply to tobacco products mailed by individuals who are not minors 

for noncommercial purposes, including the return of a 

damaged or unacceptable tobacco product to the manufacturer. 

(B) RULES.— 

(i) IN GENERAL.—Not later than 180 days after the 

date of enactment of the Prevent All Cigarette Trafficking Act of 2009, the Postmaster General shall issue 

a final rule which shall establish the standards and 

requirements that apply to all mailings described in 

subparagraph (A). 

(ii) CONTENTS.—The final rule issued under clause 

(i) shall require— 

(I) the United States Postal Service to verify 

that any person submitting an otherwise nonmailable tobacco product into the mails as authorVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00127 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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ized under this paragraph is the individual identified on the return address label of the package 

and is not a minor; 

(II) for a mailing to an individual, the United 

States Postal Service to require the person submitting the otherwise nonmailable tobacco product 

into the mails as authorized by this paragraph to 

affirm that the recipient is not a minor; 

(III) that any package mailed under this paragraph shall weigh not more than 10 ounces; 

(IV) that any mailing described in subparagraph 

(A) shall be sent through the systems of the 

United States Postal Service that provide for the 

tracking and confirmation of the delivery; 

(V) that a mailing described in subparagraph 

(A) shall not be delivered or placed in the possession of any individual who has not been verified 

as not being a minor; 

(VI) for a mailing described in subparagraph (A) 

to an individual, that the United States Postal 

Service shall deliver the package only to a recipient who is verified not to be a minor at the recipient address or transfer it for delivery to an Air/ 

Army Postal Office or Fleet Postal Office number 

designated in the recipient address; and 

(VII) that no person may initiate more than 10 

mailings described in subparagraph (A) during 

any 30- day period. 

(C) DEFINITION.—In this paragraph, the term ‘‘minor’’ 

means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as 

determined by applicable law at the place the individual is 

located. 

(5) EXCEPTION FOR MAILINGS FOR CONSUMER TESTING BY

MANUFACTURERS.— (A) IN GENERAL.—Subject to subparagraph (B), subsection (a) shall not preclude a legally operating cigarette 

manufacturer or a legally authorized agent of a legally operating cigarette manufacturer from using the United 

States Postal Service to mail cigarettes to verified adult 

smoker solely for consumer testing purposes, if— 

(i) the cigarette manufacturer has a permit, in good 

standing, issued under section 5713 of the Internal 

Revenue Code of 1986; 

(ii) the package of cigarettes mailed under this paragraph contains not more than 12 packs of cigarettes 

(240 cigarettes); 

(iii) the recipient does not receive more than 1 package of cigarettes from any 1 cigarette manufacturer 

under this paragraph during any 30-day period; 

(iv) all taxes on the cigarettes mailed under this 

paragraph levied by the State and locality of delivery 

are paid to the State and locality before delivery, and 

tax stamps or other tax-payment indicia are affixed to 

the cigarettes as required by law; and 


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(v)(I) the recipient has not made any payments of 

any kind in exchange for receiving the cigarettes; 

(II) the recipient is paid a fee by the manufacturer 

or agent of the manufacturer for participation in consumer product tests; and 

(III) the recipient, in connection with the tests, evaluates the cigarettes and provides feedback to the manufacturer or agent. 

(B) LIMITATIONS.—Subparagraph (A) shall not— 

(i) permit a mailing of cigarettes to an individual located in any State that prohibits the delivery or shipment of cigarettes to individuals in the State, or preempt, limit, or otherwise affect any related State laws; 

or 

(ii) permit a manufacturer, directly or through a legally authorized agent, to mail cigarettes in any calendar year in a total amount greater than 1 percent 

of the total cigarette sales of the manufacturer in the 

United States during the calendar year before the date 

of the mailing. 

(C) RULES.— (i) IN GENERAL.—Not later than 180 days after the 

date of enactment of the Prevent All Cigarette Trafficking Act of 2009, the Postmaster General shall issue 

a final rule which shall establish the standards and 

requirements that apply to all mailings described in 

subparagraph (A). 

(ii) CONTENTS.—The final rule issued under clause 

(i) shall require— 

(I) the United States Postal Service to verify 

that any person submitting a tobacco product into 

the mails under this paragraph is a legally operating cigarette manufacturer permitted to make a 

mailing under this paragraph, or an agent legally 

authorized by the legally operating cigarette manufacturer to submit the tobacco product into the 

mails on behalf of the manufacturer; 

(II) the legally operating cigarette manufacturer 

submitting the cigarettes into the mails under this 

paragraph to affirm that— 

(aa) the manufacturer or the legally authorized agent of the manufacturer has verified 

that the recipient is an adult established 

smoker; 

(bb) the recipient has not made any payment for the cigarettes; 

(cc) the recipient has signed a written statement that is in effect indicating that the recipient wishes to receive the mailings; and 

(dd) the manufacturer or the legally authorized agent of the manufacturer has offered 

the opportunity for the recipient to withdraw 

the written statement described in item (cc) 

not less frequently than once in every 3- 

month period; 


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(III) the legally operating cigarette manufacturer or the legally authorized agent of the manufacturer submitting the cigarettes into the mails 

under this paragraph to affirm that any package 

mailed under this paragraph contains not more 

than 12 packs of cigarettes (240 cigarettes) on 

which all taxes levied on the cigarettes by the 

State and locality of delivery have been paid and 

all related State tax stamps or other tax-payment 

indicia have been applied; 

(IV) that any mailing described in subparagraph 

(A) shall be sent through the systems of the 

United States Postal Service that provide for the 

tracking and confirmation of the delivery; 

(V) the United States Postal Service to maintain 

records relating to a mailing described in subparagraph (A) during the 3-year period beginning on 

the date of the mailing and make the information 

available to persons enforcing this section; 

(VI) that any mailing described in subparagraph 

(A) be marked with a United States Postal Service 

label or marking that makes it clear to employees 

of the United States Postal Service that it is a 

permitted mailing of otherwise nonmailable tobacco products that may be delivered only to the 

named recipient after verifying that the recipient 

is an adult; and 

(VII) the United States Postal Service shall deliver a mailing described in subparagraph (A) only 

to the named recipient and only after verifying 

that the recipient is an adult. 

(D) DEFINITIONS.—In this paragraph— 

(i) the term ‘‘adult’’ means an individual who is not 

less than 21 years of age; and 

(ii) the term ‘‘consumer testing’’ means testing limited to formal data collection and analysis for the specific purpose of evaluating the product for quality assurance and benchmarking purposes of cigarette 

brands or sub-brands among existing adult smokers. 

(6) FEDERAL GOVERNMENT AGENCIES.—An agency of the Federal Government involved in the consumer testing of tobacco 

products solely for public health purposes may mail cigarettes 

under the same requirements, restrictions, and rules and procedures that apply to consumer testing mailings of cigarettes 

by manufacturers under paragraph (5), except that the agency 

shall not be required to pay the recipients for participating in 

the consumer testing. 

(c) SEIZURE AND FORFEITURE.—Any cigarettes or smokeless tobacco made nonmailable by this subsection that are deposited in 

the mails shall be subject to seizure and forfeiture, pursuant to the 

procedures set forth in chapter 46 of this title. Any tobacco products seized and forfeited under this subsection shall be destroyed 

or retained by the Federal Government for the detection or prosecution of crimes or related investigations and then destroyed. 


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(d) ADDITIONAL PENALTIES.—In addition to any other fines and 

penalties under this title for violations of this section, any person 

violating this section shall be subject to an additional civil penalty 

in the amount equal to 10 times the retail value of the nonmailable 

cigarettes or smokeless tobacco, including all Federal, State, and 

local taxes. 

(e) CRIMINAL PENALTY.—Whoever knowingly deposits for mailing 

or delivery, or knowingly causes to be delivered by mail, according 

to the direction thereon, or at any place at which it is directed to 

be delivered by the person to whom it is addressed, anything that 

is nonmailable matter under this section shall be fined under this 

title, imprisoned not more than 1 year, or both. 

(f) USE OF PENALTIES.—There is established a separate account 

in the Treasury, to be known as the ‘‘PACT Postal Service Fund’’. 

Notwithstanding any other provision of law, an amount equal to 50 

percent of any criminal fines, civil penalties, or other monetary 

penalties collected by the Federal Government in enforcing this 

section shall be transferred into the PACT Postal Service Fund and 

shall be available to the Postmaster General for the purpose of enforcing this subsection. 

(g) COORDINATION OF EFFORTS.—The Postmaster General shall 

cooperate and coordinate efforts to enforce this section with related 

enforcement activities of any other Federal agency or agency of any 

State, local, or tribal government, whenever appropriate. 

(h) ACTIONS BY STATE, LOCAL, OR TRIBAL GOVERNMENTS RELAT- ING TO CERTAIN TOBACCO PRODUCTS.— (1) IN GENERAL.—A State, through its attorney general, or a 

local government or Indian tribe that levies an excise tax on 

tobacco products, through its chief law enforcement officer, 

may in a civil action in a United States district court obtain 

appropriate relief with respect to a violation of this section. Appropriate relief includes injunctive and equitable relief and 

damages equal to the amount of unpaid taxes on tobacco products mailed in violation of this section to addressees in that 

State, locality, or tribal land. 

(2) SOVEREIGN IMMUNITY.—Nothing in this subsection shall 

be deemed to abrogate or constitute a waiver of any sovereign 

immunity of a State or local government or Indian tribe 

against any unconsented lawsuit under paragraph (1), or otherwise to restrict, expand, or modify any sovereign immunity 

of a State or local government or Indian tribe. 

(3) ATTORNEY GENERAL REFERRAL.—A State, through its attorney general, or a local government or Indian tribe that levies an excise tax on tobacco products, through its chief law enforcement officer, may provide evidence of a violation of this 

section for commercial purposes by any person not subject to 

State, local, or tribal government enforcement actions for violations of this section to the Attorney General of the United 

States, who shall take appropriate actions to enforce this section. 

(4) NONEXCLUSIVITY OF REMEDIES.—The remedies available 

under this subsection are in addition to any other remedies 

available under Federal, State, local, tribal, or other law. Nothing in this subsection shall be construed to expand, restrict, or 

otherwise modify any right of an authorized State, local, or 


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tribal government official to proceed in a State, tribal, or other 

appropriate court, or take other enforcement actions, on the 

basis of an alleged violation of State, local, tribal, or other law. 

(5) OTHER ENFORCEMENT ACTIONS.—Nothing in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged 

violation of any general civil or criminal statute of the State. 

ø(i) DEFINITION.—In this section, the term ‘‘State’’ has the meaning given that term in section 1716(k).¿ 

* * * * * * * 

CHAPTER 85—PRISON-MADE GOODS 

§ 1761. Transportation or importation 

(a) Whoever knowingly transports in interstate commerce or from 

any foreign country into the United States any goods, wares, or 

merchandise manufactured, produced, or mined, wholly or in part 

by convicts or prisoners, except convicts or prisoners on parole, supervised release, or probation, or in any penal or reformatory institution, shall be fined under this title or imprisoned not more than 

two years, or both. 

(b) This chapter shall not apply to agricultural commodities or 

parts for the repair of farm machinery, nor to commodities manufactured in a Federal, District of Columbia, or State institution for 

use by the Federal Government, or by the District of Columbia, or 

by any State or Political subdivision of a State or not-for-profit organizations. 

(c) In addition to the exceptions set forth in subsection (b) of this 

section, this chapter shall not apply to goods, wares, or merchandise manufactured, produced, or mined by convicts or prisoners 

who— 

(1) are participating in - one of not more than 50 prison work 

pilot projects designated by the Director of the Bureau of Justice Assistance; 

(2) have, in connection with such work, received wages at a 

rate which is not less than that paid for work of a similar nature in the locality in which the work was performed, except 

that such wages may be subject to deductions which shall not, 

in the aggregate, exceed 80 per centum of gross wages, and 

shall be limited as follows: 

(A) taxes (Federal, State, local); 

(B) reasonable charges for room and board, as determined by regulations issued by the chief State correctional 

officer, in the case of a State prisoner; 

(C) allocations for support of family pursuant to State 

statute, court order, or agreement by the offender; 

(D) contributions to any fund established by law to compensate the victims of crime of not more than 20 per centum but not less than 5 per centum of gross wages; 

(3) have not solely by their status as offenders, been deprived of the right to participate in benefits made available by 

the Federal or State Government to other individuals on the 

basis of their employment, such as workmen’s compensation. 

However, such convicts or prisoners shall not be qualified to 

receive any payments for unemployment compensation while 


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incarcerated, notwithstanding any other provision of the law to 

the contrary; and 

(4) have participated in such employment voluntarily and 

have agreed in advance to the specific deductions made from 

gross wages pursuant to this section, and all other financial arrangements as a result of participation in such employment. 

(d) This section shall not apply to goods, wares, or merchandise 

manufactured, produced, mined or assembled by convicts or prisoners who are participating in any pilot project approved by the 

FPI Board of Directors, which are currently, or would otherwise be, 

manufactured, produced, mined, or assembled outside the United 

States. 

ø(e) For the purposes of this section, the term ‘‘State’’ means a 

State of the United States and any commonwealth, territory, or 

possession of the United States.¿ 

* * * * * * * 

CHAPTER 90—PROTECTION OF TRADE SECRETS 

* * * * * * * 

§ 1838. Construction with other laws 

This chapter shall not be construed to preempt or displace any 

other remedies, whether civil or criminal, provided by United 

States Federalø, State, commonwealth, possession, or territory¿ or 

State law for the misappropriation of a trade secret, or to affect the 

otherwise lawful disclosure of information by any Government employee under section 552 of title 5 (commonly known as the Freedom of Information Act). 

* * * * * * * 

CHAPTER 90A—PROTECTION OF UNBORN CHILDREN 

* * * * * * * 

§ 1841. Protection of unborn children 

(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death 

of, or bodily injury ø(as defined in section 1365)¿ to, a child, who 

is in utero at the time the conduct takes place, is guilty of a separate offense under this section. 

(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment 

provided under Federal law for that conduct had that injury or 

death occurred to the unborn child’s mother. 

(B) An offense under this section does not require proof that— 

(i) the person engaging in the conduct had knowledge or 

should have had knowledge that the victim of the underlying 

offense was pregnant; or 

(ii) the defendant intended to cause the death of, or bodily 

injury to, the unborn child. 

(C) If the person engaging in the conduct thereby intentionally 

kills or attempts to kill the unborn child, that person shall instead 

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vided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being. 

(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. 

(b) The provisions referred to in subsection (a) are the following: 

(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 

247, 248, 351, 831, 844(d), (f), (h)(1),and (i), 924(j), 930, 1111, 

1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 

1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 

1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 

1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 

2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 

of this title. 

(2) Section 408(e) of the Controlled Substances Act of 1970 

(21 U.S.C. 848(e)). 

(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 

2283). 

(c) Nothing in this section shall be construed to permit the prosecution— 

(1) of any person for conduct relating to an abortion for 

which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which 

such consent is implied by law; 

(2) of any person for any medical treatment of the pregnant 

woman or her unborn child; or 

(3) of any woman with respect to her unborn child. 

(d) As used in this section, the term ‘‘unborn child’’ means a child 

in utero, and the term ‘‘child in utero’’ or ‘‘child, who is in utero’’ 

means a member of the species homo sapiens, at any stage of development, who is carried in the womb. 

* * * * * * * 

CHAPTER 95—RACKETEERING 

* * * * * * * 

§ 1951. Interference with commerce by threats or violence 

(a) Whoever in any way or degree obstructs, delays, or affects 

commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or 

commits or threatens physical violence to any person or property 

in furtherance of a plan or purpose to do anything in violation of 

this section shall be fined under this title or imprisoned not more 

than twenty years, or both. 

(b) As used in this section— 

(1) The term ‘‘robbery’’ means the unlawful taking or obtaining of personal property from the person or in the presence of 

another, against his will, by means of actual or threatened 

force, or violence, or fear of injury, immediate or future, to his 

person or property, or property in his custody or possession, or 

the person or property of a relative or member of his family or 

of anyone in his company at the time of the taking or obtaining. 

(2) The term ‘‘extortion’’ means the obtaining of property 

from another, with his consent, induced by wrongful use of acVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00134 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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tual or threatened force, violence, or fear, or under color of official right. 

(3) The term ‘‘commerce’’ means commerce within the District of Columbia, or øany Territory or Possession of the United 

States¿ any territory or possession of the United States; all 

commerce between any point in a Stateø, Territory, Possession, 

or the District of Columbia¿ and any point outside thereof; all 

commerce between points within the same State through any 

place outside such State; and all other commerce over which 

the United States has jurisdiction. 

(c) This section shall not be construed to repeal, modify or affect 

section 17 of Title 15, sections 52, 101-115, 151-166 of Title 29 or 

sections 151-188 of Title 45. 

§ 1952. Interstate and foreign travel or transportation in aid 

of racketeering enterprises 

(a) Whoever travels in interstate or foreign commerce or uses the 

mail or any facility in interstate or foreign commerce, with intent 

to— 

(1) distribute the proceeds of any unlawful activity; or 

(2) commit any crime of violence to further any unlawful activity; or 

(3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying 

on, of any unlawful activity, 

and thereafter performs or attempts to perform— 

(A) an act described in paragraph (1) or (3) shall be fined 

under this title, imprisoned not more than 5 years, or both; or 

(B) an act described in paragraph (2) shall be fined under 

this title, imprisoned for not more than 20 years, or both, and 

if death results shall be imprisoned for any term of years or 

for life. 

(b) As used in this section ø(i)¿ ‘‘unlawful activity’’ means (1) any 

business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances 

(as defined in section 102(6) of the Controlled Substances Act), or 

prostitution offenses in violation of the laws of the State in which 

they are committed or of the United States, (2) extortion, bribery, 

or arson in violation of the laws of the State in which committed 

or of the United States, or (3) any act which is indictable under 

subchapter II of chapter 53 of title 31, United States Code, or 

under section 1956 or 1957 of this title øand (ii) the term ‘‘State’’ 

includes a State of the United States, the District of Columbia, and 

any commonwealth, territory, or possession of the United States¿. 

(c) Investigations of violations under this section involving liquor 

shall be conducted under the supervision of the Attorney General. 

(d) If the offense under this section involves an act described in 

paragraph (1) or (3) of subsection (a) and also involves a pre-retail 

medical product (as defined in section 670), the punishment for the 

offense shall be the same as the punishment for an offense under 

section 670 unless the punishment under subsection (a) is greater. 

(e)(1) This section shall not apply to a savings promotion raffle 

conducted by an insured depository institution or an insured credit 

union. 

(2) In this subsection— 


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(A) the term ‘‘insured credit union’’ shall have the meaning 

given the term in section 101 of the Federal Credit Union Act 

(12 U.S.C. 1752); 

(B) the term ‘‘insured depository institution’’ shall have the 

meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and 

(C) the term ‘‘savings promotion raffle’’ means a contest in 

which the sole consideration required for a chance of winning 

designated prizes is obtained by the deposit of a specified 

amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being 

drawn, such contest being subject to regulations that may from 

time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial 

Protection Act of 2010 (12 U.S.C. 5481)). 

* * * * * * * 

§ 1953. Interstate transportation of wagering paraphernalia 

(a) Whoever, except a common carrier in the usual course of its 

business, knowingly carries or sends in interstate or foreign commerce any record, paraphernalia, ticket, certificate, bills, slip, 

token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for use in (a) bookmaking; or (b) wagering 

pools with respect to a sporting event; or (c) in a numbers, policy, 

bolita, or similar game shall be fined under this title or imprisoned 

for not more than five years or both. 

(b) This section shall not apply to (1) parimutuel betting equipment, parimutuel tickets where legally acquired, or parimutuel materials used or designed for use at racetracks or other sporting 

events in connection with which betting is legal under applicable 

State law, or (2) the transportation of betting materials to be used 

in the placing of bets or wagers on a sporting event into a State 

in which such betting is legal under the statutes of that State, or 

(3) the carriage or transportation in interstate or foreign commerce 

of any newspaper or similar publication, or (4) equipment, tickets, 

or materials used or designed for use within a State in a lottery 

conducted by that State acting under authority of State law, (5) 

equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured depository institution 

or an insured credit union, or (6) the transportation in foreign commerce to a destination in a foreign country of equipment, tickets, 

or materials designed to be used within that foreign country in a 

lottery which is authorized by the laws of that foreign country. 

(c) Nothing contained in this section shall create immunity from 

criminal prosecution under any laws of any Stateø, Commonwealth 

of Puerto Rico, territory, possession, or the District of Columbia¿. 

(d) For purposes of this section— 

(1) the term ‘‘foreign country’’ means any empire, country, 

dominion, colony, or protectorate, or any subdivision thereof 

(other than the United States, its territories or possessions); 

(2) the term ‘‘insured credit union’’ shall have the meaning 

given the term in section 101 of the Federal Credit Union Act 

(12 U.S.C. 1752); 


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(3) the term ‘‘insured depository institution’’ shall have the 

meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); 

(4) the term ‘‘lottery’’— 

(A) means the pooling of proceeds derived from the sale 

of tickets or chances and allotting those proceeds or parts 

thereof by chance to one or more chance takers or ticket 

purchasers; and 

(B) does not include the placing or accepting of bets or 

wagers on sporting events or contests; and 

(5) the term ‘‘savings promotion raffle’’ means a contest in 

which the sole consideration required for a chance of winning 

designated prizes is obtained by the deposit of a specified 

amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being 

drawn, such contest being subject to regulations that may from 

time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial 

Protection Act of 2010 (12 U.S.C. 5481))ø; and¿. ø(6) the term ‘‘State’’ means a State of the United States, the 

District of Columbia, the Commonwealth of Puerto Rico, or any 

territory or possession of the United States.¿ 

* * * * * * * 

§ 1955. Prohibition of illegal gambling businesses 

(a) Whoever conducts, finances, manages, supervises, directs, or 

owns all or part of an illegal gambling business shall be fined 

under this title or imprisoned not more than five years, or both. 

(b) As used in this section— 

(1) ‘‘illegal gambling business’’ means a gambling business 

which— 

(i) is a violation of the law of a State or political subdivision in which it is conducted; 

(ii) involves five or more persons who conduct, finance, 

manage, supervise, direct, or own all or part of such business; and 

(iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross 

revenue of $2,000 in any single day. 

(2) ‘‘insured credit union’’ shall have the meaning given the 

term in section 101 of the Federal Credit Union Act (12 U.S.C. 

1752). 

(3) ‘‘insured depository institution’’ shall have the meaning 

given the term in section 3 of the Federal Deposit Insurance 

Act (12 U.S.C. 1813). 

(4) ‘‘gambling’’ includes but is not limited to pool-selling, 

bookmaking, maintaining slot machines, roulette wheels or 

dice tables, and conducting lotteries, policy, bolita or numbers 

games, or selling chances therein. 

(5) ‘‘savings promotion raffle’’ means a contest in which the 

sole consideration required for a chance of winning designated 

prizes is obtained by the deposit of a specified amount of 

money in a savings account or other savings program, where 

each ticket or entry has an equal chance of being drawn, such 

contest being subject to regulations that may from time to time 


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be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act 

of 2010 (12 U.S.C. 5481)). 

ø(6) ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any 

territory or possession of the United States.¿ 

(c) If five or more persons conduct, finance, manage, supervise, 

direct, or own all or part of a gambling business and such business 

operates for two or more successive days, then, for the purpose of 

obtaining warrants for arrests, interceptions, and other searches 

and seizures, probable cause that the business receives gross revenue in excess of $2,000 in any single day shall be deemed to have 

been established. 

(d) Any property, including money, used in violation of the provisions of this section may be seized and forfeited to the United 

States. All provisions of law relating to the seizures, summary, and 

judicial forfeiture procedures, and condemnation of vessels, vehicles, merchandise, and baggage for violation of the customs laws; 

the disposition of such vessels, vehicles, merchandise, and baggage 

or the proceeds from such sale; the remission or mitigation of such 

forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to 

seizures and forfeitures incurred or alleged to have been incurred 

under the provisions of this section, insofar as applicable and not 

inconsistent with such provisions. Such duties as are imposed upon 

the collector of customs or any other person in respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage 

under the customs laws shall be performed with respect to seizures 

and forfeitures of property used or intended for use in violation of 

this section by such officers, agents, or other persons as may be 

designated for that purpose by the Attorney General. 

(e) This section shall not apply to— 

(1) any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph 

(3) of subsection (c) of section 501 of the Internal Revenue 

Code of 1986, as amended, if no part of the gross receipts derived from such activity inures to the benefits of any private 

shareholder, member, or employee of such organization except 

as compensation for actual expenses incurred by him in the 

conduct of such activity; or 

(2) any savings promotion raffle. 

§ 1956. Laundering of monetary instruments 

(a)(1) Whoever, knowing that the property involved in a financial 

transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction 

which in fact involves the proceeds of specified unlawful activity— 

(A)(i) with the intent to promote the carrying on of specified 

unlawful activity; or 

(ii) with intent to engage in conduct constituting a violation 

of section 7201 or 7206 of the Internal Revenue Code of 1986; 

or 

(B) knowing that the transaction is designed in whole or in 

part— 


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(i) to conceal or disguise the nature, the location, the 

source, the ownership, or the control of the proceeds of 

specified unlawful activity; or 

(ii) to avoid a transaction reporting requirement under 

State or Federal law, 

shall be sentenced to a fine of not more than $500,000 or twice the 

value of the property involved in the transaction, whichever is 

greater, or imprisonment for not more than twenty years, or both. 

For purposes of this paragraph, a financial transaction shall be 

considered to be one involving the proceeds of specified unlawful 

activity if it is part of a set of parallel or dependent transactions, 

any one of which involves the proceeds of specified unlawful activity, and all of which are part of a single plan or arrangement. 

(2) Whoever transports, transmits, or transfers, or attempts to 

transport, transmit, or transfer a monetary instrument or funds 

from a place in the United States to or through a place outside the 

United States or to a place in the United States from or through 

a place outside the United States— 

(A) with the intent to promote the carrying on of specified 

unlawful activity; or 

(B) knowing that the monetary instrument or funds involved 

in the transportation, transmission, or transfer represent the 

proceeds of some form of unlawful activity and knowing that 

such transportation, transmission, or transfer is designed in 

whole or in part— 

(i) to conceal or disguise the nature, the location, the 

source, the ownership, or the control of the proceeds of 

specified unlawful activity; or 

(ii) to avoid a transaction reporting requirement under 

State or Federal law, 

shall be sentenced to a fine of not more than $500,000 or twice the 

value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than twenty years, or both. For the purpose of the offense described in subparagraph (B), the defendant’s 

knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph (B) as true, 

and the defendant’s subsequent statements or actions indicate that 

the defendant believed such representations to be true. 

(3) Whoever, with the intent— 

(A) to promote the carrying on of specified unlawful activity; 

(B) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or 

(C) to avoid a transaction reporting requirement under State 

or Federal law, 

conducts or attempts to conduct a financial transaction involving 

property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more 

than 20 years, or both. For purposes of this paragraph and paragraph (2), the term ‘‘represented’’ means any representation made 

by a law enforcement officer or by another person at the direction 

of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section. 


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(b) PENALTIES.— (1) IN GENERAL.—Whoever conducts or attempts to conduct a 

transaction described in subsection (a)(1) or (a)(3), or section 

1957, or a transportation, transmission, or transfer described 

in subsection (a)(2), is liable to the United States for a civil 

penalty of not more than the greater of— 

(A) the value of the property, funds, or monetary instruments involved in the transaction; or 

(B) $10,000. 

(2) JURISDICTION OVER FOREIGN PERSONS.—For purposes of 

adjudicating an action filed or enforcing a penalty ordered 

under this section, the district courts shall have jurisdiction 

over any foreign person, including any financial institution authorized under the laws of a foreign country, against whom the 

action is brought, if service of process upon the foreign person 

is made under the Federal Rules of Civil Procedure or the laws 

of the country in which the foreign person is found, and— 

(A) the foreign person commits an offense under subsection (a) involving a financial transaction that occurs in 

whole or in part in the United States; 

(B) the foreign person converts, to his or her own use, 

property in which the United States has an ownership interest by virtue of the entry of an order of forfeiture by a 

court of the United States; or 

(C) the foreign person is a financial institution that 

maintains a bank account at a financial institution in the 

United States. 

(3) COURT AUTHORITY OVER ASSETS.—A court may issue a 

pretrial restraining order or take any other action necessary to 

ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment 

under this section. 

(4) FEDERAL RECEIVER.— (A) IN GENERAL.—A court may appoint a Federal Receiver, in accordance with subparagraph (B) of this paragraph, to collect, marshal, and take custody, control, and 

possession of all assets of the defendant, wherever located, 

to satisfy a civil judgment under this subsection, a forfeiture judgment under section 981 or 982, or a criminal 

sentence under section 1957 or subsection (a) of this section, including an order of restitution to any victim of a 

specified unlawful activity. 

(B) APPOINTMENT AND AUTHORITY.—A Federal Receiver 

described in subparagraph (A)— 

(i) may be appointed upon application of a Federal 

prosecutor or a Federal or State regulator, by the 

court having jurisdiction over the defendant in the 

case; 

(ii) shall be an officer of the court, and the powers 

of the Federal Receiver shall include the powers set 

out in section 754 of title 28, United States Code; and 

(iii) shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting requests 

to obtain information regarding the assets of the defendant— 


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(I) from the Financial Crimes Enforcement Network of the Department of the Treasury; or 

(II) from a foreign country pursuant to a mutual 

legal assistance treaty, multilateral agreement, or 

other arrangement for international law enforcement assistance, provided that such requests are 

in accordance with the policies and procedures of 

the Attorney General. 

(c) As used in this section— 

(1) the term ‘‘knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity’’ means that the person knew the property involved 

in the transaction represented proceeds from some form, 

though not necessarily which form, of activity that constitutes 

a felony under State, Federal, or foreign law, regardless of 

whether or not such activity is specified in paragraph (7); 

(2) the term ‘‘conducts’’ includes initiating, concluding, or 

participating in initiating, or concluding a transaction; 

(3) the term ‘‘transaction’’ includes a purchase, sale, loan, 

pledge, gift, transfer, delivery, or other disposition, and with 

respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, 

extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, 

through, or to a financial institution, by whatever means effected; 

(4) the term ‘‘financial transaction’’ means (A) a transaction 

which in any way or degree affects interstate or foreign commerce (i) involving the movement of funds by wire or other 

means or (ii) involving one or more monetary instruments, or 

(iii) involving the transfer of title to any real property, vehicle, 

vessel, or aircraft, or (B) a transaction involving the use of a 

financial institution which is engaged in, or the activities of 

which affect, interstate or foreign commerce in any way or degree; 

(5) the term ‘‘monetary instruments’’ means (i) coin or currency of the United States or of any other country, travelers’ 

checks, personal checks, bank checks, and money orders, or (ii) 

investment securities or negotiable instruments, in bearer form 

or otherwise in such form that title thereto passes upon delivery; 

(6) the term ‘‘financial institution’’ includes— 

(A) any financial institution, as defined in section 

5312(a)(2) of title 31, United States Code, or the regulations promulgated thereunder; and 

(B) any foreign bank, as defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101); 

(7) the term ‘‘specified unlawful activity’’ means— 

(A) any act or activity constituting an offense listed in 

section 1961(1) of this title except an act which is indictable under subchapter II of chapter 53 of title 31; 

(B) with respect to a financial transaction occurring in 

whole or in part in the United States, an offense against 

a foreign nation involving— 


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(i) the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined 

for the purposes of the Controlled Substances Act); 

(ii) murder, kidnapping, robbery, extortion, destruction of property by means of explosive or fire, or a 

crime of violence (as defined in section 16); 

(iii) fraud, or any scheme or attempt to defraud, by 

or against a foreign bank (as defined in paragraph 7 

of section 1(b) of the International Banking Act of 

1978)); 

(iv) bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for 

the benefit of a public official; 

(v) smuggling or export control violations involving— 

(I) an item controlled on the United States Munitions List established under section 38 of the 

Arms Export Control Act (22 U.S.C. 2778); or 

(II) an item controlled under regulations under 

the Export Administration Regulations (15 C.F.R. 

Parts 730-774); 

(vi) an offense with respect to which the United 

States would be obligated by a multilateral treaty, either to extradite the alleged offender or to submit the 

case for prosecution, if the offender were found within 

the territory of the United States; or 

(vii) trafficking in persons, selling or buying of children, sexual exploitation of children, or transporting, 

recruiting or harboring a person, including a child, for 

commercial sex acts; 

(C) any act or acts constituting a continuing criminal enterprise, as that term is defined in section 408 of the Controlled Substances Act (21 U.S.C. 848); 

(D) an offense under section 32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), section 152 (relating 

to concealment of assets; false oaths and claims; bribery), 

section 175c (relating to the variola virus), section 215 (relating to commissions or gifts for procuring loans), section 

351 (relating to congressional or Cabinet officer assassination), any of sections 500 through 503 (relating to certain 

counterfeiting offenses), section 513 (relating to securities 

of States and private entities), section 541 (relating to 

goods falsely classified), section 542 relating to entry of 

goods by means of false statements), section 545 (relating 

to smuggling goods into the United States), section 549 

(relating to removing goods from Customs custody), section 

554 (relating to smuggling goods from the United States), 

section 555 (relating to border tunnels), section 641 (relating to public money, property, or records), section 656 (relating to theft, embezzlement, or misapplication by bank 

officer or employee), section 657 (relating to lending, credit, and insurance institutions), section 658 (relating to 


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property mortgaged or pledged to farm credit agencies), 

section 666 (relating to theft or bribery concerning programs receiving Federal funds), section 793, 794, or 798 

(relating to espionage), section 831 (relating to prohibited 

transactions involving nuclear materials), section 844 (f) or 

(i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign 

commerce), section 875 (relating to interstate communications), section 922(1) (relating to the unlawful importation 

of firearms), section 924(n) (relating to firearms trafficking), section 956 (relating to conspiracy to kill, kidnap, 

maim, or injure certain property in a foreign country), section 1005 (relating to fraudulent bank entries), 

1006(relating to fraudulent Federal credit institution entries), 1007(relating to Federal Deposit Insurance transactions), 1014(relating to fraudulent loan or credit applications), section 1030 (relating to computer fraud and abuse), 

1032(relating to concealment of assets from conservator, 

receiver, or liquidating agent of financial institution), section 1111 (relating to murder), section 1114 (relating to 

murder of United States law enforcement officials), section 

1116 (relating to murder of foreign officials, official guests, 

or internationally protected persons), section 1201 (relating to kidnaping), section 1203 (relating to hostage taking), 

section 1361 (relating to willful injury of Government property), section 1363 (relating to destruction of property 

within the special maritime and territorial jurisdiction), 

section 1708 (theft from the mail), section 1751 (relating to 

Presidential assassination), section 2113 or 2114 (relating 

to bank and postal robbery and theft), section 2252A (relating to child pornography) where the child pornography 

contains a visual depiction of an actual minor engaging in 

sexually explicit conduct, section 2260 (production of certain child pornography for importation into the United 

States), section 2280 (relating to violence against maritime 

navigation), section 2281 (relating to violence against maritime fixed platforms), section 2319 (relating to copyright 

infringement), section 2320 (relating to trafficking in counterfeit goods and services), section 2332 (relating to terrorist acts abroad against United States nationals), section 

2332a (relating to use of weapons of mass destruction), 

section 2332b (relating to international terrorist acts transcending national boundaries), section 2332g (relating to 

missile systems designed to destroy aircraft), section 2332h 

(relating to radiological dispersal devices), section 2339A 

or 2339B (relating to providing material support to terrorists), section 2339C (relating to financing of terrorism), or 

section 2339D (relating to receiving military-type training 

from a foreign terrorist organization) of this title, section 

46502 of title 49, United States Code, a felony violation of 

the Chemical Diversion and Trafficking Act of 1988 (relating to precursor and essential chemicals), section 590 of 

the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation 

smuggling), section 422 of the Controlled Substances Act 

(relating to transportation of drug paraphernalia), section 


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38(c) (relating to criminal violations) of the Arms Export 

Control Act, section 11 (relating to violations) of the Export Administration Act of 1979, section 206 (relating to 

penalties) of the International Emergency Economic Powers Act, section 16 (relating to offenses and punishment) of 

the Trading with the Enemy Act, any felony violation of 

section 15 of the Food and Nutrition Act of 2008 (relating 

to supplemental nutrition assistance program benefits 

fraud) involving a quantity of benefits having a value of 

not less than $5,000, any violation of section 543(a)(1) of 

the Housing Act of 1949 (relating to equity skimming), any 

felony violation of the Foreign Agents Registration Act of 

1938, any felony violation of the Foreign Corrupt Practices 

Act, or section 92 of the Atomic Energy Act of 1954 (42 

U.S.C. 2122) (relating to prohibitions governing atomic 

weapons) 

(E) a felony violation of the Federal Water Pollution 

Control Act (33 U.S.C. 1251 et seq.), the Ocean Dumping 

Act (33 U.S.C. 1401 et seq.), the Act to Prevent Pollution 

from Ships (33 U.S.C. 1901 et seq.), the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.), or the Resources Conservation and Recovery Act (42 U.S.C. 6901 et seq.); or 

(F) any act or activity constituting an offense involving 

a Federal health care offense; and 

ø(8) the term ‘‘State’’ includes a State of the United States, 

the District of Columbia, and any commonwealth, territory, or 

possession of the United States; and¿ 

(9) the term ‘‘proceeds’’ means any property derived from or 

obtained or retained, directly or indirectly, through some form 

of unlawful activity, including the gross receipts of such activity. 

(d) Nothing in this section shall supersede any provision of Federal, State, or other law imposing criminal penalties or affording 

civil remedies in addition to those provided for in this section. 

(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may 

direct, and by such components of the Department of the Treasury 

as the Secretary of the Treasury may direct, as appropriate, and, 

with respect to offenses over which the Department of Homeland 

Security has jurisdiction, by such components of the Department of 

Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States 

Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with 

an agreement which shall be entered into by the Secretary of the 

Treasury, the Secretary of Homeland Security, the Postal Service, 

and the Attorney General. Violations of this section involving offenses described in paragraph (c)(7)(E) may be investigated by such 

components of the Department of Justice as the Attorney General 

may direct, and the National Enforcement Investigations Center of 

the Environmental Protection Agency. 

(f) There is extraterritorial jurisdiction over the conduct prohibited by this section if— 


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(1) the conduct is by a United States citizen or, in the case 

of a non-United States citizen, the conduct occurs in part in 

the United States; and 

(2) the transaction or series of related transactions involves 

funds or monetary instruments of a value exceeding $10,000. 

(g) NOTICE OF CONVICTION OF FINANCIAL INSTITUTIONS.—If any 

financial institution or any officer, director, or employee of any financial institution has been found guilty of an offense under this 

section, section 1957 or 1960 of this title, or section 5322 or 5324 

of title 31, the Attorney General shall provide written notice of 

such fact to the appropriate regulatory agency for the financial institution. 

(h) Any person who conspires to commit any offense defined in 

this section or section 1957 shall be subject to the same penalties 

as those prescribed for the offense the commission of which was the 

object of the conspiracy. 

(i) VENUE.—(1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be 

brought in— 

(A) any district in which the financial or monetary transaction is conducted; or 

(B) any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial 

or monetary transaction is conducted. 

(2) A prosecution for an attempt or conspiracy offense under this 

section or section 1957 may be brought in the district where venue 

would lie for the completed offense under paragraph (1), or in any 

other district where an act in furtherance of the attempt or conspiracy took place. 

(3) For purposes of this section, a transfer of funds from 1 place 

to another, by wire or any other means, shall constitute a single, 

continuing transaction. Any person who conducts (as that term is 

defined in subsection (c)(2)) any portion of the transaction may be 

charged in any district in which the transaction takes place. 

* * * * * * * 

§ 1958. Use of interstate commerce facilities in the commission of murder-for-hire 

(a) Whoever travels in or causes another (including the intended 

victim) to travel in interstate or foreign commerce, or uses or 

causes another (including the intended victim) to use the mail or 

any facility of interstate or foreign commerce, with intent that a 

murder be committed in violation of the laws of any State or the 

United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary 

value, or who conspires to do so, shall be fined under this title or 

imprisoned for not more than ten years, or both; and if personal injury results, shall be fined under this title or imprisoned for not 

more than twenty years, or both; and if death results, shall be punished by death or life imprisonment, or shall be fined not more 

than $250,000, or both. 

(b) As used in this section and section 1959— 


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(1) ‘‘anything of pecuniary value’’ means anything of value in 

the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is 

economic advantage; and 

(2) ‘‘facility of interstate or foreign commerce’’ includes 

means of transportation and communicationø; and¿. 

ø(3) ‘‘State’’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 

§ 1960. Prohibition of unlicensed money transmitting businesses 

(a) Whoever knowingly conducts, controls, manages, supervises, 

directs, or owns all or part of an unlicensed money transmitting 

business, shall be fined in accordance with this title or imprisoned 

not more than 5 years, or both. 

(b) As used in this section— 

(1) the term ‘‘unlicensed money transmitting business’’ 

means a money transmitting business which affects interstate 

or foreign commerce in any manner or degree and— 

(A) is operated without an appropriate money transmitting license in a State where such operation is punishable 

as a misdemeanor or a felony under State law, whether or 

not the defendant knew that the operation was required to 

be licensed or that the operation was so punishable; 

(B) fails to comply with the money transmitting business 

registration requirements under section 5330 of title 31, 

United States Code, or regulations prescribed under such 

section; or 

(C) otherwise involves the transportation or transmission of funds that are known to the defendant to have 

been derived from a criminal offense or are intended to be 

used to promote or support unlawful activity; and 

(2) the term ‘‘money transmitting’’ includes transferring 

funds on behalf of the public by any and all means including 

but not limited to transfers within this country or to locations 

abroad by wire, check, draft, facsimile, or courierø; and¿. 

ø(3) the term ‘‘State’’ means any State of the United States, 

the District of Columbia, the Northern Mariana Islands, and 

any commonwealth, territory, or possession of the United 

States.¿ 

* * * * * * * 

CHAPTER 97—RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR 

THROUGH THE AIR 

* * * * * * * 


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§ 1992. Terrorist attacks and other violence against railroad 

carriers and against mass transportation systems 

on land, on water, or through the air 

(a) GENERAL PROHIBITIONS.—Whoever, in a circumstance described in subsection (c), knowingly and without lawful authority 

or permission— 

(1) wrecks, derails, sets fire to, or disables railroad on-track 

equipment or a mass transportation vehicle; 

(2) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad ontrack equipment or a mass transportation vehicle with intent 

to endanger the safety of any person, or with a reckless disregard for the safety of human life; 

(3) places or releases a hazardous material or a biological 

agent or toxin on or near any property described in subparagraph (A) or (B) of paragraph (4), with intent to endanger the 

safety of any person, or with reckless disregard for the safety 

of human life; 

(4) sets fire to, undermines, makes unworkable, unusable, or 

hazardous to work on or use, or places any biological agent or 

toxin, destructive substance, or destructive device in, upon, or 

near any— 

(A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, and with intent to, or knowing 

or having reason to know, such activity would likely, derail, disable, or wreck railroad on-track equipment; or 

(B) garage, terminal, structure, track, electromagnetic 

guideway, supply, or facility used in the operation of, or in 

support of the operation of, a mass transportation vehicle, 

and with intent to, or knowing or having reason to know, 

such activity would likely, derail, disable, or wreck a mass 

transportation vehicle used, operated, or employed by a 

mass transportation provider; 

(5) removes an appurtenance from, damages, or otherwise 

impairs the operation of a railroad signal system or mass 

transportation signal or dispatching system, including a train 

control system, centralized dispatching system, or highwayrailroad grade crossing warning signal; 

(6) with intent to endanger the safety of any person, or with 

a reckless disregard for the safety of human life, interferes 

with, disables, or incapacitates any dispatcher, driver, captain, 

locomotive engineer, railroad conductor, or other person while 

the person is employed in dispatching, operating, controlling, 

or maintaining railroad on-track equipment or a mass transportation vehicle; 

(7) commits an act, including the use of a dangerous weapon, 

with the intent to cause death or serious bodily injury to any 

person who is on property described in subparagraph (A) or (B) 

of paragraph (4); 

(8) surveils, photographs, videotapes, diagrams, or otherwise 

collects information with the intent to plan or assist in planning any of the acts described in paragraphs (1) through (6); 


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(9) conveys false information, knowing the information to be 

false, concerning an attempt or alleged attempt to engage in a 

violation of this subsection; or 

(10) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (9), shall be fined under 

this title or imprisoned not more than 20 years, or both, and 

if the offense results in the death of any person, 

shall be imprisoned for any term of years or for life, or subject to 

death, except in the case of a violation of paragraph (8), (9), or (10). 

(b) AGGRAVATED OFFENSE.—Whoever commits an offense under 

subsection (a) of this section in a circumstance in which— 

(1) the railroad on-track equipment or mass transportation 

vehicle was carrying a passenger or employee at the time of 

the offense; 

(2) the railroad on-track equipment or mass transportation 

vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense; or 

(3) the offense was committed with the intent to endanger 

the safety of any person, or with a reckless disregard for the 

safety of any person, and the railroad on-track equipment or 

mass transportation vehicle was carrying a hazardous material 

at the time of the offense that— 

(A) was required to be placarded under subpart F of part 

172 of title 49, Code of Federal Regulations; and 

(B) is identified as class number 3, 4, 5, 6.1, or 8 and 

packing group I or packing group II, or class number 1, 2, 

or 7 under the hazardous materials table of section 

172.101 of title 49, Code of Federal Regulations, 

shall be fined under this title or imprisoned for any term of years 

or life, or both, and if the offense resulted in the death of any person, the person may be sentenced to death. 

(c) CIRCUMSTANCES REQUIRED FOR OFFENSE.—A circumstance referred to in subsection (a) is any of the following: 

(1) Any of the conduct required for the offense is, or, in the 

case of an attempt, threat, or conspiracy to engage in conduct, 

the conduct required for the completed offense would be, engaged in, on, against, or affecting a mass transportation provider, or a railroad carrier engaged in interstate or foreign 

commerce. 

(2) Any person travels or communicates across a State line 

in order to commit the offense, or transports materials across 

a State line in aid of the commission of the offense. 

(d) DEFINITIONS.—In this section— 

(1) the term ‘‘biological agent’’ has the meaning given to that 

term in section 178(1); 

(2) the term ‘‘dangerous weapon’’ means a weapon, device, 

instrument, material, or substance, animate or inanimate, that 

is used for, or is readily capable of, causing death or serious 

bodily injury, including a pocket knife with a blade of less than 

21⁄2 inches in length and a box cutter; 

(3) the term ‘‘destructive device’’ has the meaning given to 

that term in section 921(a)(4); 

(4) the term ‘‘destructive substance’’ means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of 


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a combustible, contaminative, corrosive, or explosive nature, 

except that the term ‘‘radioactive device’’ does not include any 

radioactive device or material used solely for medical, industrial, research, or other peaceful purposes; 

(5) the term ‘‘hazardous material’’ has the meaning given to 

that term in chapter 51 of title 49; 

(6) the term ‘‘high-level radioactive waste’’ has the meaning 

given to that term in section 2(12) of the Nuclear Waste Policy 

Act of 1982 (42 U.S.C. 10101(12)); 

(7) the term ‘‘mass transportation’’ has the meaning given to 

that term in section 5302(a)(7) of title 49, except that the term 

includes intercity bus transportation school bus, charter, and 

sightseeing transportation and passenger vessel as that term is 

defined in section 2101(22) of title 46, United States Code; 

(8) the term ‘‘on-track equipment’’ means a carriage or other 

contrivance that runs on rails or electromagnetic guideways; 

(9) the term ‘‘railroad on-track equipment’’ means a train, locomotive, tender, motor unit, freight or passenger car, or other 

on-track equipment used, operated, or employed by a railroad 

carrier; 

(10) the term ‘‘railroad’’ has the meaning given to that term 

in chapter 201 of title 49; 

(11) the term ‘‘railroad carrier’’ has the meaning given to 

that term in chapter 201 of title 49; 

ø(12) the term ‘‘serious bodily injury’’ has the meaning given 

to that term in section 1365;¿ 

(13) the term ‘‘spent nuclear fuel’’ has the meaning given to 

that term in section 2(23) of the Nuclear Waste Policy Act of 

1982 (42 U.S.C. 10101(23)); 

ø(14) the term ‘‘State’’ has the meaning given to that term 

in section 2266;¿ 

(15) the term ‘‘toxin’’ has the meaning given to that term in 

section 178(2); and 

(16) the term ‘‘vehicle’’ means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air. 

* * * * * * * 

CHAPTER 107—SEAMEN AND STOWAWAYS 

* * * * * * * 

§ 2199. Stowaways on vessels or aircraft 

Whoever, without the consent of the owner, charterer, master, or 

person in command of any vessel, or aircraft, with intent to obtain 

transportation, boards, enters or secretes himself aboard such vessel or aircraft and is thereon at the time of departure of said vessel 

or aircraft from a port, harbor, wharf, airport or other place within 

the jurisdiction of the United States; or 

Whoever, with like intent, having boarded, entered or secreted 

himself aboard a vessel or aircraft at any place within or without 

the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within 

the jurisdiction of the United States; or 


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Whoever, with intent to obtain a ride or transportation, boards 

or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized 

officer or agent— 

(1) shall be fined under this title, imprisoned not more than 

5 years, or both; 

(2) if the person commits an act proscribed by this section, 

with the intent to commit serious bodily injury, and serious 

bodily injury øoccurs (as defined under section 1365, including¿ any conduct that, if the conduct occurred in the special 

maritime and territorial jurisdiction of the United States, 

would violate section 2241 or 2242) to any person other than 

a participant as a result of a violation of this section, shall be 

fined under this title or imprisoned not more than 20 years, or 

both; and 

(3) if an individual commits an act proscribed by this section, 

with the intent to cause death, and if the death of any person 

other than a participant occurs as a result of a violation of this 

section, shall be fined under this title, imprisoned for any number of years or for life, or both. 

The word ‘‘aircraft’’ as used in this section includes any contrivance for navigation or flight in the air. 

* * * * * * * 

CHAPTER 103—ROBBERY AND BURGLARY 

* * * * * * * 

§ 2119. Motor vehicles 

Whoever, with the intent to cause death or serious bodily harm 

takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall— 

(1) be fined under this title or imprisoned not more than 15 

years, or both, 

(2) if serious bodily injury ø(as defined in section 1365 of this 

title, including¿ or any conduct that, if the conduct occurred in 

the special maritime and territorial jurisdiction of the United 

States, would violate section 2241 or 2242 of this titleø)¿ results, be fined under this title or imprisoned not more than 25 

years, or both, and 

(3) if death results, be fined under this title or imprisoned 

for any number of years up to life, or both, or sentenced to 

death. 

* * * * * * * 

CHAPTER 107—SEAMEN AND STOWAWAYS 

* * * * * * * 

§ 2199. Stowaways on vessels or aircraft 

Whoever, without the consent of the owner, charterer, master, or 

person in command of any vessel, or aircraft, with intent to obtain 

transportation, boards, enters or secretes himself aboard such vesVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00150 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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sel or aircraft and is thereon at the time of departure of said vessel 

or aircraft from a port, harbor, wharf, airport or other place within 

the jurisdiction of the United States; or 

Whoever, with like intent, having boarded, entered or secreted 

himself aboard a vessel or aircraft at any place within or without 

the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within 

the jurisdiction of the United States; or 

Whoever, with intent to obtain a ride or transportation, boards 

or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized 

officer or agent— 

(1) shall be fined under this title, imprisoned not more than 

5 years, or both; 

(2) if the person commits an act proscribed by this section, 

with the intent to commit serious bodily injury, and serious 

bodily injury øoccurs (as defined under section 1365, including¿ any conduct that, if the conduct occurred in the special 

maritime and territorial jurisdiction of the United States, 

would violate section 2241 or 2242ø)¿ occurs to any person 

other than a participant as a result of a violation of this section, shall be fined under this title or imprisoned not more 

than 20 years, or both; and 

(3) if an individual commits an act proscribed by this section, 

with the intent to cause death, and if the death of any person 

other than a participant occurs as a result of a violation of this 

section, shall be fined under this title, imprisoned for any number of years or for life, or both. 

The word ‘‘aircraft’’ as used in this section includes any contrivance for navigation or flight in the air. 

CHAPTER 109—SEARCHES AND SEIZURES 

* * * * * * * 

§ 2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information 

(a)(1) It shall be unlawful for the master, operator, or person in 

charge of a vessel of the United States, or a vessel subject to the 

jurisdiction of the United States, to knowingly fail to obey an order 

by an authorized Federal law enforcement officer to heave to that 

vessel. 

(2) It shall be unlawful for any person on board a vessel of the 

United States, or a vessel subject to the jurisdiction of the United 

States, to— 

(A) forcibly resist, oppose, prevent, impede, intimidate, or 

interfere with a boarding or other law enforcement action authorized by any Federal law or to resist a lawful arrest; or 

(B) provide materially false information to a Federal law enforcement officer during a boarding of a vessel regarding the 

vessel’s destination, origin, ownership, registration, nationality, 

cargo, or crew. 

(b)(1) Except as otherwise provided in this subsection, whoever 

knowingly violates subsection (a) shall be fined under this title or 

imprisoned for not more than 5 years, or both. 


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(2)(A) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and has an aggravating factor set forth in subparagraph 

(B) of this paragraph, the offender shall be fined under this title 

or imprisoned for any term of years or life, or both. 

(B) The aggravating factor referred to in subparagraph (A) is 

that the offense— 

(i) results in death; or 

(ii) involves— 

(I) an attempt to kill; 

(II) kidnapping or an attempt to kidnap; or 

(III) an offense under section 2241. 

(3) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and results in serious bodily injury ø(as defined in section 1365)¿, the offender shall be fined under this title or imprisoned for not more than 15 years, or both. 

(4) If the offense is one under paragraph (1) or (2)(A) of subsection (a), involves knowing transportation under inhumane conditions, and is committed in the course of a violation of section 274 

of the Immigration and Nationality Act, or chapter 77 or section 

113 (other than under subsection (a)(4) or (a)(5) of such section) or 

117 of this title, the offender shall be fined under this title or imprisoned for not more than 15 years, or both. 

(c) This section does not limit the authority of a customs officer 

under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any 

other provision of law enforced or administered by the Secretary of 

the Treasury or the Secretary of Homeland Security, or the authority of any Federal law enforcement officer under any law of the 

United States, to order a vessel to stop or heave to. 

(d) A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this 

section by radio, telephone, or similar oral or electronic means. 

Consent or waiver may be proven by certification of the Secretary 

of State or the designee of the Secretary of State. 

(e) In this section— 

(1) the term ‘‘Federal law enforcement officer’’ has the meaning given the term in section 115(c); 

(2) the term ‘‘heave to’’ means to cause a vessel to slow, come 

to a stop, or adjust its course or speed to account for the 

weather conditions and sea state to facilitate a law enforcement boarding; 

(3) the term ‘‘vessel subject to the jurisdiction of the United 

States’’ has the meaning given the term in section 70502 of 

title 46; 

(4) the term ‘‘vessel of the United States’’ has the meaning 

given the term in section 70502 of title 46; and 

(5) the term ‘transportation under inhumane conditions’ 

means— 

(A) transportation— 

(i) of one or more persons in an engine compartment, storage compartment, or other confined space; 

(ii) at an excessive speed; or 

(iii) of a number of persons in excess of the rated capacity of the vessel; or 

(B) intentional grounding of a vessel in which persons 

are being transported. 


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CHAPTER 109A—SEXUAL ABUSE 

* * * * * * * 

§ 2246. Definitions for chapter 

As used in this chapter— 

(1) the term ‘‘prison’’ means a correctional, detention, or 

penal facility; 

(2) the term ‘‘sexual act’’ means— 

(A) contact between the penis and the vulva or the penis 

and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however 

slight; 

(B) contact between the mouth and the penis, the mouth 

and the vulva, or the mouth and the anus; 

(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, 

or arouse or gratify the sexual desire of any person; or 

(D) the intentional touching, not through the clothing, of 

the genitalia of another person who has not attained the 

age of 16 years with an intent to abuse, humiliate, harass, 

degrade, or arouse or gratify the sexual desire of any person; 

(3) the term ‘‘sexual contact’’ means the intentional touching, 

either directly or through the clothing, of the genitalia, anus, 

groin, breast, inner thigh, or buttocks of any person with an 

intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; 

(4) the term ‘‘serious bodily injury’’ means bodily injury that 

involves a substantial risk of death, unconsciousness, extreme 

physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, 

organ, or mental faculty; and 

(5) the term ‘‘official detention’’ means— 

(A) detention by a Federal officer or employee, or under 

the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for 

an offense; following a charge or conviction of an offense, 

or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil 

commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in 

abeyance, or pending extradition, deportation, or exclusion; 

or 

(B) custody by a Federal officer or employee, or under 

the direction of a Federal officer or employee, for purposes 

incident to any detention described in subparagraph (A) of 

this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; 

but does not include supervision or other control (other than 

custody during specified hours or days) after release on bail, 

probation, or parole, or after release following a finding of juvenile delinquencyø; and¿. 


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ø(6) the term ‘‘State’’ means a State of the United States, the 

District of Columbia, and any commonwealth, possession, or 

territory of the United States.¿ 

* * * * * * * 

CHAPTER 110A—DOMESTIC VIOLENCE AND STALKING 

* * * * * * * 

§ 2265A. Repeat offenders 

(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum term of 

imprisonment for a violation of this chapter after a prior domestic 

violence or stalking offense shall be twice the term otherwise provided under this chapter. 

(b) DEFINITION.—For purposes of this section— 

(1) the term ‘‘prior domestic violence or stalking offense’’ 

means a conviction for an offense— 

(A) under section 2261, 2261A, or 2262 of this chapter; 

or 

(B) under State or tribal law for an offense consisting of 

conduct that would have been an offense under a section 

referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign 

commerceø; and¿ 

ø(2) the term ‘‘State’’ means a State of the United States, the 

District of Columbia, or any commonwealth, territory, or possession of the United States.¿ 

§ 2266. Definitions 

In this chapter: 

(1) BODILY INJURY.—The term ‘‘bodily injury’’ means any act, 

except one done in self-defense, that results in physical injury 

or sexual abuse. 

(2) COURSE OF CONDUCT.—The term ‘‘course of conduct’’ 

means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose. 

(3) ENTER OR LEAVE INDIAN COUNTRY.—The term ‘‘enter or 

leave Indian country’’ includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal 

government. 

(4) INDIAN COUNTRY.—The term ‘‘Indian country’’ has the 

meaning stated in section 1151 of this title. 

(5) PROTECTION ORDER.—The term ‘‘protection order’’ includes— 

(A) any injunction, restraining order, or any other order 

issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, 

sexual violence, or contact or communication with or physical proximity to, another person, including any temporary 

or final order issued by a civil or criminal court whether 

obtained by filing an independent action or as a pendente 

lite order in another proceeding so long as any civil or 

criminal order was issued in response to a complaint, petiVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00154 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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tion, or motion filed by or on behalf of a person seeking 

protection; and 

(B) any support, child custody or visitation provisions, 

orders, remedies or relief issued as part of a protection 

order, restraining order, or injunction pursuant to State, 

tribal, territorial, or local law authorizing the issuance of 

protection orders, restraining orders, or injunctions for the 

protection of victims of domestic violence, sexual assault, 

dating violence, or stalking. 

(6) SERIOUS BODILY INJURY.—The term ‘‘serious bodily injury’’ has the meaning stated in section 2119(2). 

(7) SPOUSE OR INTIMATE PARTNER.—The term ‘‘spouse or intimate partner’’ includes— 

(A) for purposes of— 

(i) sections other than 2261A— 

(I) a spouse or former spouse of the abuser, a 

person who shares a child in common with the 

abuser, and a person who cohabits or has 

cohabited as a spouse with the abuser; or 

(II) a person who is or has been in a social relationship of a romantic or intimate nature with the 

abuser, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship; and 

(ii) section 2261A— 

(I) a spouse or former spouse of the target of the 

stalking, a person who shares a child in common 

with the target of the stalking, and a person who 

cohabits or has cohabited as a spouse with the 

target of the stalking; or 

(II) a person who is or has been in a social relationship of a romantic or intimate nature with the 

target of the stalking, as determined by the length 

of the relationship, the type of the relationship, 

and the frequency of interaction between the persons involved in the relationship. 

(B) any other person similarly situated to a spouse who 

is protected by the domestic or family violence laws of the 

State or tribal jurisdiction in which the injury occurred or 

where the victim resides. 

ø(8) STATE.—The term ‘‘State’’ includes a State of the United 

States, the District of Columbia, and a commonwealth, territory, or possession of the United States.¿ 

(9) TRAVEL IN INTERSTATE OR FOREIGN COMMERCE.—The 

term ‘‘travel in interstate or foreign commerce’’ does not include travel from 1 State to another by an individual who is 

a member of an Indian tribe and who remains at all times in 

the territory of the Indian tribe of which the individual is a 

member. 

(10) DATING PARTNER.—The term ‘‘dating partner’’ refers to 

a person who is or has been in a social relationship of a romantic or intimate nature with the abuser. The existence of such 

a relationship is based on a consideration of— 

(A) the length of the relationship; and 


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(B) the type of relationship; and 

(C) the frequency of interaction between the persons involved in the relationship. 

* * * * * * * 

CHAPTER 111—SHIPPING 

* * * * * * * 

§ 2281. Violence against maritime fixed platforms 

(a) OFFENSE.— 

(1) IN GENERAL.—A person who unlawfully and intentionally— 

(A) seizes or exercises control over a fixed platform by 

force or threat thereof or any other form of intimidation; 

(B) performs an act of violence against a person on board 

a fixed platform if that act is likely to endanger its safety; 

(C) destroys a fixed platform or causes damage to it 

which is likely to endanger its safety; 

(D) places or causes to be placed on a fixed platform, by 

any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its 

safety; 

(E) injures or kills any person in connection with the 

commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (D); or 

(F) attempts or conspires to do anything prohibited 

under subparagraphs (A) through (E), 

shall be fined under this title, imprisoned not more than 20 

years, or both; and if death results to any person from conduct 

prohibited by this paragraph, shall be punished by death or 

imprisoned for any term of years or for life. 

(2) THREAT TO SAFETY.—A person who threatens to do anything prohibited under paragraph (1)(B) or (C), with apparent 

determination and will to carry the threat into execution, if the 

threatened act is likely to endanger the safety of the fixed platform, shall be fined under this title, imprisoned not more than 

5 years, or both. 

(b) JURISDICTION.—There is jurisdiction over the activity prohibited in subsection (a) if— 

(1) such activity is committed against or on board a fixed 

platform— 

(A) that is located on the continental shelf of the United 

States; 

(B) that is located on the continental shelf of another 

country, by a national of the United States or by a stateless person whose habitual residence is in the United 

States; or 

(C) in an attempt to compel the United States to do or 

abstain from doing any act; 

(2) during the commission of such activity against or on 

board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured or 

killed; or 


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(3) such activity is committed against or on board a fixed 

platform located outside the United States and beyond the continental shelf of the United States and the offender is later 

found in the United States. 

(c) BAR TO PROSECUTION.—It is a bar to Federal prosecution 

under subsection (a) for conduct that occurred within the United 

States that the conduct involved was during or in relation to a 

labor dispute, and such conduct is prohibited as a felony under the 

law of the State in which it was committed. For purposes of this 

section, the term ‘‘labor dispute’’ has the meaning set forth in section 13(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 

113(c))ø, and the term ‘‘State’’ means a State of the United States, 

the District of Columbia, and any commonwealth, territory, or possession of the United States.¿. 

(d) DEFINITIONS.—In this section— 

‘‘continental shelf’’ means the sea-bed and subsoil of the submarine areas that extend beyond a country’s territorial sea to 

the limits provided by customary international law as reflected 

in Article 76 of the 1982 Convention on the Law of the Sea. 

‘‘fixed platform’’ means an artificial island, installation or 

structure permanently attached to the sea-bed for the purpose 

of exploration or exploitation of resources or for other economic 

purposes. 

(1) the activities of armed forces during an armed conflict, as 

those terms are understood under the law of war, which are 

governed by that law; or 

(2) activities undertaken by military forces of a state in the 

exercise of their official duties. 

* * * * * * * 

CHAPTER 111A—DESTRUCTION OF, OR INTERFERENCE 

WITH, VESSELS OR MARITIME FACILITIES 

* * * * * * * 

§ 2291. Destruction of vessel or maritime facility 

(a) OFFENSE.—Whoever knowingly— 

(1) sets fire to, damages, destroys, disables, or wrecks any 

vessel; 

(2) places or causes to be placed a destructive device, as defined in section 921(a)(4), destructive substance, as defined in 

section 31(a)(3), or an explosive, as defined in section 844(j) in, 

upon, or near, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any vessel, 

or any part or other materials used or intended to be used in 

connection with the operation of a vessel; 

(3) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or near, any maritime 

facility, including any aid to navigation, lock, canal, or vessel 

traffic service facility or equipment; 

(4) interferes by force or violence with the operation of any 

maritime facility, including any aid to navigation, lock, canal, 

or vessel traffic service facility or equipment, if such action is 

likely to endanger the safety of any vessel in navigation; 


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(5) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or near, any appliance, 

structure, property, machine, or apparatus, or any facility or 

other material used, or intended to be used, in connection with 

the operation, maintenance, loading, unloading, or storage of 

any vessel or any passenger or cargo carried or intended to be 

carried on any vessel; 

(6) performs an act of violence against or incapacitates any 

individual on any vessel, if such act of violence or incapacitation is likely to endanger the safety of the vessel or those on 

board; 

(7) performs an act of violence against a person that causes 

or is likely to cause serious bodily injuryø, as defined in section 

1365(h)(3)¿, in, upon, or near, any appliance, structure, property, machine, or apparatus, or any facility or other material 

used, or intended to be used, in connection with the operation, 

maintenance, loading, unloading, or storage of any vessel or 

any passenger or cargo carried or intended to be carried on any 

vessel; 

(8) communicates information, knowing the information to be 

false and under circumstances in which such information may 

reasonably be believed, thereby endangering the safety of any 

vessel in navigation; or 

(9) attempts or conspires to do anything prohibited under 

paragraphs (1) through (8), 

shall be fined under this title or imprisoned not more than 20 

years, or both. 

(b) LIMITATION.—Subsection (a) shall not apply to any person 

that is engaging in otherwise lawful activity, such as normal repair 

and salvage activities, and the transportation of hazardous materials regulated and allowed to be transported under chapter 51 of 

title 49. 

(c) PENALTY.—Whoever is fined or imprisoned under subsection 

(a) as a result of an act involving a vessel that, at the time of the 

violation, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 

U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in 

section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

10101(23)), shall be fined under this title, imprisoned for a term up 

to life, or both. 

(d) PENALTY WHEN DEATH RESULTS.—Whoever is convicted of 

any crime prohibited by subsection (a) and intended to cause death 

by the prohibited conduct, if the conduct resulted in the death of 

any person, shall be subject also to the death penalty or to a term 

of imprisonment for a period up to life. 

(e) THREATS.—Whoever knowingly and intentionally imparts or 

conveys any threat to do an act which would violate this chapter, 

with an apparent determination and will to carry the threat into 

execution, shall be fined under this title or imprisoned not more 

than 5 years, or both, and is liable for all costs incurred as a result 

of such threat. 

* * * * * * * 


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§ 2293. Bar to prosecution 

(a) IN GENERAL.—It is a bar to prosecution under this chapter 

if— 

(1) the conduct in question occurred within the United States 

in relation to a labor dispute, and such conduct is prohibited 

as a felony under the law of the State in which it was committed; or 

(2) such conduct is prohibited as a misdemeanor, and not as 

a felony, under the law of the State in which it was committed. 

(b) DEFINITIONS.—In this section: 

(1) LABOR DISPUTE.—The term ‘‘labor dispute’’ has the same 

meaning given that term in section 13(c) of the Act to amend 

the Judicial Code and to define and limit the jurisdiction of 

courts sitting in equity, and for other purposes (29 U.S.C. 

113(c), commonly known as the Norris-LaGuardia Act). 

ø(2) STATE.—The term ‘‘State’’ means a State of the United 

States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 

CHAPTER 113—STOLEN PROPERTY 

* * * * * * * 

§ 2313. Sale or receipt of stolen vehicles 

ø(a)¿ Whoever receives, possesses, conceals, stores, barters, sells, 

or disposes of any motor vehicle, vessel, or aircraft, which has 

crossed a State or United States boundary after being stolen, knowing the same to have been stolen, shall be fined under this title or 

imprisoned not more than 10 years, or both. 

ø(b) For purposes of this section, the term ‘‘State’’ includes a 

State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 

§ 2315. Sale or receipt of stolen goods, securities, moneys, or 

fraudulent State tax stamps 

Whoever receives, possesses, conceals, stores, barters, sells, or 

disposes of any goods, wares, or merchandise, securities, or money 

of the value of $5,000 or more, or pledges or accepts as security for 

a loan any goods, wares, or merchandise, or securities, of the value 

of $500 or more, which have crossed a State or United States 

boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken; 

or 

Whoever receives, possesses, conceals, stores, barters, sells, or 

disposes of any falsely made, forged, altered, or counterfeited securities or tax stamps, or pledges or accepts as security for a loan any 

falsely made, forged, altered, or counterfeited securities or tax 

stamps, moving as, or which are a part of, or which constitute 

interstate or foreign commerce, knowing the same to have been so 

falsely made, forged, altered, or counterfeited; or 

Whoever receives in interstate or foreign commerce, or conceals, 

stores, barters, sells, or disposes of, any tool, implement, or thing 


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used or intended to be used in falsely making, forging, altering, or 

counterfeiting any security or tax stamp, or any part thereof, moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing that the same is fitted to be used, or has 

been used, in falsely making, forging, altering, or counterfeiting 

any security or tax stamp, or any part thereof; or 

‘‘Whoeverreceives, possesses, conceals, stores, barters, sells, or 

disposes of any veterans’’ memorial object which has crossed a 

State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully 

converted, or taken--’ 

Shall be fined under this title or imprisoned not more than ten 

years, or both. If the offense involves a pre-retail medical product 

(as defined in section 670) the punishment for the offense shall be 

the same as the punishment for an offense under section 670 unless the punishment under this section is greater. If the offense involves the receipt, possession, concealment, storage, barter, sale, or 

disposal of veterans’ memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this 

title or imprisoned not more than one year, or both. 

ø 

øThis section shall not apply to any falsely made, forged, altered, 

counterfeited, or spurious representation of an obligation or other 

security of the United States or of an obligation, bond, certificate, 

security, treasury note, bill, promise to pay, or bank note, issued 

by any foreign government. This section also shall not apply to any 

falsely made, forged, altered, counterfeited, or spurious representation of any bank note or bill issued by a bank or corporation of any 

foreign country which is intended by the laws or usage of such 

country to circulate as money.¿ 

For purposes of this section, the term ‘‘State’’ includes a State of 

the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. For purposes 

of this section the term ‘‘veterans’ memorial object’’ means a grave 

marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance. 

* * * * * * * 

CHAPTER 113B—TERRORISM 

* * * * * * * 

§ 2332b. Acts of terrorism transcending national boundaries 

(a) PROHIBITED ACTS.— 

(1) OFFENSES.—Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)— 

(A) kills, kidnaps, maims, commits an assault resulting 

in serious bodily injury, or assaults with a dangerous 

weapon any person within the United States; or 

(B) creates a substantial risk of serious bodily injury to 

any other person by destroying or damaging any structure, 

conveyance, or other real or personal property within the 


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United States or by attempting or conspiring to destroy or 

damage any structure, conveyance, or other real or personal property within the United States; 

in violation of the laws of any State, or the United States, shall 

be punished as prescribed in subsection (c). 

(2) TREATMENT OF THREATS, ATTEMPTS AND CONSPIRACIES.— Whoever threatens to commit an offense under paragraph (1), 

or attempts or conspires to do so, shall be punished under subsection (c). 

(b) JURISDICTIONAL BASES.— (1) CIRCUMSTANCES.—The circumstances referred to in subsection (a) are— 

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

(B) the offense obstructs, delays, or affects interstate or 

foreign commerce, or would have so obstructed, delayed, or 

affected interstate or foreign commerce if the offense had 

been consummated; 

(C) the victim, or intended victim, is the United States 

Government, a member of the uniformed services, or any 

official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, 

of the United States; 

(D) the structure, conveyance, or other real or personal 

property is, in whole or in part, owned, possessed, or 

leased to the United States, or any department or agency 

of the United States; 

(E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil 

below, and artificial islands and fixed structures erected 

thereon) of the United States; or 

(F) the offense is committed within the special maritime 

and territorial jurisdiction of the United States. 

(2) CO-CONSPIRATORS AND ACCESSORIES AFTER THE FACT.— 

Jurisdiction shall exist over all principals and co-conspirators 

of an offense under this section, and accessories after the fact 

to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of 

paragraph (1) is applicable to at least one offender. 

(c) PENALTIES.— 

(1) PENALTIES.—Whoever violates this section shall be punished— 

(A) for a killing, or if death results to any person from 

any other conduct prohibited by this section, by death, or 

by imprisonment for any term of years or for life; 

(B) for kidnapping, by imprisonment for any term of 

years or for life; 

(C) for maiming, by imprisonment for not more than 35 

years; 

(D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not 

more than 30 years; 

(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment 

for not more than 25 years; 


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(F) for attempting or conspiring to commit an offense, for 

any term of years up to the maximum punishment that 

would have applied had the offense been completed; and 

(G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years. 

(2) CONSECUTIVE SENTENCE.—Notwithstanding any other 

provision of law, the court shall not place on probation any person convicted of a violation of this section; nor shall the term 

of imprisonment imposed under this section run concurrently 

with any other term of imprisonment. 

(d) PROOF REQUIREMENTS.—The following shall apply to prosecutions under this section: 

(1) KNOWLEDGE.—The prosecution is not required to prove 

knowledge by any defendant of a jurisdictional base alleged in 

the indictment. 

(2) STATE LAW.—In a prosecution under this section that is 

based upon the adoption of State law, only the elements of the 

offense under State law, and not any provisions pertaining to 

criminal procedure or evidence, are adopted. 

(e) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial 

Federal jurisdiction— 

(1) over any offense under subsection (a), including any 

threat, attempt, or conspiracy to commit such offense; and 

(2) over conduct which, under section 3, renders any person 

an accessory after the fact to an offense under subsection (a). 

(f) INVESTIGATIVE AUTHORITY.—In addition to any other investigative authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all 

Federal crimes of terrorism, and any violation of section 351(e), 

844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c), 1751(e), 2152, or 

2156 of this title, and the Secretary of the Treasury shall assist the 

Attorney General at the request of the Attorney General. Nothing 

in this section shall be construed to interfere with the authority of 

the United States Secret Service under section 3056. 

(g) DEFINITIONS.—As used in this section— 

(1) the term ‘‘conduct transcending national boundaries’’ 

means conduct occurring outside of the United States in addition to the conduct occurring in the United States; 

(2) the term ‘‘facility of interstate or foreign commerce’’ has 

the meaning given that term in section 1958(b)(2); 

ø(3) the term ‘‘serious bodily injury’’ has the meaning given 

that term in section 1365(g)(3); ¿ 

(4) the term ‘‘territorial sea of the United States’’ means all 

waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with 

international law; and 

(5) the term ‘‘Federal crime of terrorism’’ means an offense 

that— 

(A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against 

government conduct; and 

(B) is a violation of— 

(i) section 32 (relating to destruction of aircraft or 

aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special 


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maritime and territorial jurisdiction), 175 or 175b (relating to biological weapons), 175c (relating to variola 

virus), 229 (relating to chemical weapons), subsection 

(a), (b), (c), or (d) of section 351 (relating to congressional, cabinet, and Supreme Court assassination and 

kidnaping), 831 (relating to nuclear materials), 832 

(relating to participation in nuclear and weapons of 

mass destruction threats to the United States) 842(m) 

or (n) (relating to plastic explosives), 844(f)(2) or (3) 

(relating to arson and bombing of Government property risking or causing death), 844(i) (relating to arson 

and bombing of property used in interstate commerce), 

930(c) (relating to killing or attempted killing during 

an attack on a Federal facility with a dangerous weapon), 956(a)(1) (relating to conspiracy to murder, kidnap, or maim persons abroad), 1030(a)(1) (relating to 

protection of computers), 1030(a)(5)(A) resulting in 

damage as defined in 1030(c)(4)(A)(i)(II) through (VI) 

(relating to protection of computers), 1114 (relating to 

killing or attempted killing of officers and employees 

of the United States), 1116 (relating to murder or 

manslaughter of foreign officials, official guests, or 

internationally protected persons), 1203 (relating to 

hostage taking), 1361 (relating to government property 

or contracts), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to 

injury to buildings or property within special maritime 

and territorial jurisdiction of the United States), 

1366(a) (relating to destruction of an energy facility), 

1751(a), (b), (c), or (d) (relating to Presidential and 

Presidential staff assassination and kidnaping), 1992 

(relating to terrorist attacks and other acts of violence 

against railroad carriers and against mass transportation systems on land, on water, or through the air), 

2155 (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to national 

defense material, premises, or utilities), 2280 (relating 

to violence against maritime navigation), 2280a (relating to maritime safety), 2281 through 2281a (relating 

to violence against maritime fixed platforms), 2332 

(relating to certain homicides and other violence 

against United States nationals occurring outside of 

the United States), 2332a (relating to use of weapons 

of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2332f (relating to bombing of public places and facilities), 2332g 

(relating to missile systems designed to destroy aircraft), 2332h (relating to radiological dispersal devices), 2332i (relating to acts of nuclear terrorism), 

2339 (relating to harboring terrorists), 2339A (relating 

to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), 2339C (relating to financing of terrorism), 

2339D (relating to military-type training from a forVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00163 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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eign terrorist organization), or 2340A (relating to torture) of this title; 

(ii) sections 92 (relating to prohibitions governing 

atomic weapons) or 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 

1954 (42 U.S.C. 2122 or 2284); 

(iii) section 46502 (relating to aircraft piracy), the 

second sentence of section 46504 (relating to assault 

on a flight crew with a dangerous weapon), section 

46505(b)(3) or (c) (relating to explosive or incendiary 

devices, or endangerment of human life by means of 

weapons, on aircraft), section 46506 if homicide or attempted homicide is involved (relating to application 

of certain criminal laws to acts on aircraft), or section 

60123(b) (relating to destruction of interstate gas or 

hazardous liquid pipeline facility) of title 49; or 

(iv) section 1010A of the Controlled Substances Import and Export Act (relating to narco-terrorism). 

* * * * * * * 

§ 2332f. Bombings of places of public use, government facilities, public transportation systems and infrastructure facilities 

(a) OFFENSES.— (1) IN GENERAL.—Whoever unlawfully delivers, places, discharges, or detonates an explosive or other lethal device in, 

into, or against a place of public use, a state or government facility, a public transportation system, or an infrastructure facility— 

(A) with the intent to cause death or serious bodily injury, or 

(B) with the intent to cause extensive destruction of such 

a place, facility, or system, where such destruction results 

in or is likely to result in major economic loss, 

shall be punished as prescribed in subsection (c). 

(2) ATTEMPTS AND CONSPIRACIES.—Whoever attempts or conspires to commit an offense under paragraph (1) shall be punished as prescribed in subsection (c). 

(b) JURISDICTION.—There is jurisdiction over the offenses in subsection (a) if— 

(1) the offense takes place in the United States and— 

(A) the offense is committed against another state or a 

government facility of such state, including its embassy or 

other diplomatic or consular premises of that state; 

(B) the offense is committed in an attempt to compel another state or the United States to do or abstain from 

doing any act; 

(C) at the time the offense is committed, it is committed— 

(i) on board a vessel flying the flag of another state; 

(ii) on board an aircraft which is registered under 

the laws of another state; or 

(iii) on board an aircraft which is operated by the 

government of another state; 

(D) a perpetrator is found outside the United States; 


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(E) a perpetrator is a national of another state or a 

stateless person; or 

(F) a victim is a national of another state or a stateless 

person; 

(2) the offense takes place outside the United States and— 

(A) a perpetrator is a national of the United States or is 

a stateless person whose habitual residence is in the 

United States; 

(B) a victim is a national of the United States; 

(C) a perpetrator is found in the United States; 

(D) the offense is committed in an attempt to compel the 

United States to do or abstain from doing any act; 

(E) the offense is committed against a state or government facility of the United States, including an embassy or 

other diplomatic or consular premises of the United States; 

(F) the offense is committed on board a vessel flying the 

flag of the United States or an aircraft which is registered 

under the laws of the United States at the time the offense 

is committed; or 

(G) the offense is committed on board an aircraft which 

is operated by the United States. 

(c) PENALTIES.—Whoever violates this section shall be punished 

as provided under section 2332a(a) of this title. 

(d) EXEMPTIONS TO JURISDICTION.—This section does not apply 

to— 

(1) the activities of armed forces during an armed conflict, as 

those terms are understood under the law of war, which are 

governed by that law, 

(2) activities undertaken by military forces of a state in the 

exercise of their official duties; or 

(3) offenses committed within the United States, where the 

alleged offender and the victims are United States citizens and 

the alleged offender is found in the United States, or where jurisdiction is predicated solely on the nationality of the victims 

or the alleged offender and the offense has no substantial effect 

on interstate or foreign commerce. 

(e) DEFINITIONS.—As used in this section, the term— 

ø(1) ‘‘serious bodily injury’’ has the meaning given that term 

in section 1365(g)(3) of this title; ¿ 

(2) ‘‘national of the United States’’ has the meaning given 

that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 

(3) ‘‘state or government facility’’ includes any permanent or 

temporary facility or conveyance that is used or occupied by 

representatives of a state, members of Government, the legislature or the judiciary or by officials or employees of a state or 

any other public authority or entity or by employees or officials 

of an intergovernmental organization in connection with their 

official duties; 

(4) ‘‘intergovernmental organization’’ includes international 

organization (as defined in section 1116(b)(5) of this title); 

(5) ‘‘infrastructure facility’’ means any publicly or privately 

owned facility providing or distributing services for the benefit 

of the public, such as water, sewage, energy, fuel, or communications; 


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(6) ‘‘place of public use’’ means those parts of any building, 

land, street, waterway, or other location that are accessible or 

open to members of the public, whether continuously, periodically, or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, 

entertainment, recreational, or similar place that is so accessible or open to the public; 

(7) ‘‘public transportation system’’ means all facilities, conveyances, and instrumentalities, whether publicly or privately 

owned, that are used in or for publicly available services for 

the transportation of persons or cargo; 

(8) ‘‘explosive’’ has the meaning given in section 844(j) of this 

title insofar that it is designed, or has the capability, to cause 

death, serious bodily injury, or substantial material damage; 

(9) ‘‘other lethal device’’ means any weapon or device that is 

designed or has the capability to cause death, serious bodily injury, or substantial damage to property through the release, 

dissemination, or impact of toxic chemicals, biological agents, 

or toxins (as those terms are defined in section 178 of this title) 

or radiation or radioactive material; 

(10) ‘‘military forces of a state’’ means the armed forces of a 

state which are organized, trained, and equipped under its internal law for the primary purpose of national defense or security, and persons acting in support of those armed forces who 

are under their formal command, control, and responsibility; 

(11) ‘‘armed conflict’’ does not include internal disturbances 

and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; and 

(12) ‘‘state’’ has the same meaning as that term has under 

international law, and includes all political subdivisions thereof. 

* * * * * * * 

§ 2339C. Prohibitions against the financing of terrorism 

(a) OFFENSES.— 

(1) IN GENERAL.—Whoever, in a circumstance described in 

subsection (b), by any means, directly or indirectly, unlawfully 

and willfully provides or collects funds with the intention that 

such funds be used, or with the knowledge that such funds are 

to be used, in full or in part, in order to carry out— 

(A) an act which constitutes an offense within the scope 

of a treaty specified in subsection (e)(7), as implemented by 

the United States, or 

(B) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking 

an active part in the hostilities in a situation of armed 

conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain 

from doing any act, 

shall be punished as prescribed in subsection (d)(1). 

(2) ATTEMPTS AND CONSPIRACIES.—Whoever attempts or conspires to commit an offense under paragraph (1) shall be punished as prescribed in subsection (d)(1). 


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(3) RELATIONSHIP TO PREDICATE ACT.—For an act to constitute an offense set forth in this subsection, it shall not be 

necessary that the funds were actually used to carry out a 

predicate act. 

(b) JURISDICTION.—There is jurisdiction over the offenses in subsection (a) in the following circumstances— 

(1) the offense takes place in the United States and— 

(A) a perpetrator was a national of another state or a 

stateless person; 

(B) on board a vessel flying the flag of another state or 

an aircraft which is registered under the laws of another 

state at the time the offense is committed; 

(C) on board an aircraft which is operated by the government of another state; 

(D) a perpetrator is found outside the United States; 

(E) was directed toward or resulted in the carrying out 

of a predicate act against— 

(i) a national of another state; or 

(ii) another state or a government facility of such 

state, including its embassy or other diplomatic or consular premises of that state; 

(F) was directed toward or resulted in the carrying out 

of a predicate act committed in an attempt to compel another state or international organization to do or abstain 

from doing any act; or 

(G) was directed toward or resulted in the carrying out 

of a predicate act— 

(i) outside the United States; or 

(ii) within the United States, and either the offense 

or the predicate act was conducted in, or the results 

thereof affected, interstate or foreign commerce; 

(2) the offense takes place outside the United States and— 

(A) a perpetrator is a national of the United States or is 

a stateless person whose habitual residence is in the 

United States; 

(B) a perpetrator is found in the United States; or 

(C) was directed toward or resulted in the carrying out 

of a predicate act against— 

(i) any property that is owned, leased, or used by the 

United States or by any department or agency of the 

United States, including an embassy or other diplomatic or consular premises of the United States; 

(ii) any person or property within the United States; 

(iii) any national of the United States or the property of such national; or 

(iv) any property of any legal entity organized under 

the laws of the United States, including any of its 

States, districts, commonwealths, territories, or possessions; 

(3) the offense is committed on board a vessel flying the flag 

of the United States or an aircraft which is registered under 

the laws of the United States at the time the offense is committed; 

(4) the offense is committed on board an aircraft which is operated by the United States; or 


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(5) the offense was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel 

the United States to do or abstain from doing any act. 

(c) CONCEALMENT.—Whoever— 

(1)(A) is in the United States; or 

(B) is outside the United States and is a national of the 

United States or a legal entity organized under the laws of the 

United States (including any of its States, districts, commonwealths, territories, or possessions); and 

(2) knowingly conceals or disguises the nature, location, 

source, ownership, or control of any material support or resources, or any funds or proceeds of such funds— 

(A) knowing or intending that the support or resources 

are to be provided, or knowing that the support or resources were provided, in violation of section 2339B of this 

title; or 

(B) knowing or intending that any such funds are to be 

provided or collected, or knowing that the funds were provided or collected, in violation of subsection (a), 

shall be punished as prescribed in subsection (d)(2). 

(d) PENALTIES.— 

(1) SUBSECTION (A).—Whoever violates subsection (a) shall be 

fined under this title, imprisoned for not more than 20 years, 

or both. 

(2) SUBSECTION (C).—Whoever violates subsection (c) shall be 

fined under this title, imprisoned for not more than 10 years, 

or both. 

(e) DEFINITIONS.—In this section— 

(1) the term ‘‘funds’’ means assets of every kind, whether 

tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, 

such assets, including coin, currency, bank credits, travelers 

checks, bank checks, money orders, shares, securities, bonds, 

drafts, and letters of credit; 

(2) the term ‘‘government facility’’ means any permanent or 

temporary facility or conveyance that is used or occupied by 

representatives of a state, members of a government, the legislature, or the judiciary, or by officials or employees of a state 

or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with 

their official duties; 

(3) the term ‘‘proceeds’’ means any funds derived from or obtained, directly or indirectly, through the commission of an offense set forth in subsection (a); 

(4) the term ‘‘provides’’ includes giving, donating, and transmitting; 

(5) the term ‘‘collects’’ includes raising and receiving; 

(6) the term ‘‘predicate act’’ means any act referred to in subparagraph (A) or (B) of subsection (a)(1); 

(7) the term ‘‘treaty’’ means— 

(A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970; 


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(B) the Convention for the Suppression of Unlawful Acts 

against the Safety of Civil Aviation, done at Montreal on 

September 23, 1971; 

(C) the Convention on the Prevention and Punishment of 

Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly 

of the United Nations on December 14, 1973; 

(D) the International Convention against the Taking of 

Hostages, adopted by the General Assembly of the United 

Nations on December 17, 1979; 

(E) the Convention on the Physical Protection of Nuclear 

Material, adopted at Vienna on March 3, 1980; 

(F) the Protocol for the Suppression of Unlawful Acts of 

Violence at Airports Serving International Civil Aviation, 

supplementary to the Convention for the Suppression of 

Unlawful Acts against the Safety of Civil Aviation, done at 

Montreal on February 24, 1988; 

(G) the Convention for the Suppression of Unlawful Acts 

against the Safety of Maritime Navigation, done at Rome 

on March 10, 1988; 

(H) the Protocol for the Suppression of Unlawful Acts 

against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on March 10, 1988; or 

(I) the International Convention for the Suppression of 

Terrorist Bombings, adopted by the General Assembly of 

the United Nations on December 15, 1997; 

(8) the term ‘‘intergovernmental organization’’ includes international organizations; 

(9) the term ‘‘international organization’’ has the same meaning as in section 1116(b)(5) of this title; 

(10) the term ‘‘armed conflict’’ does not include internal disturbances and tensions, such as riots, isolated and sporadic 

acts of violence, and other acts of a similar nature; 

ø(11) the term ‘‘serious bodily injury’’ has the same meaning 

as in section 1365(g)(3) of this title; ¿ 

(12) the term ‘‘national of the United States’’ has the meaning given that term in section 101(a)(22) of the Immigration 

and Nationality Act (8 U.S.C. 1101(a)(22)); 

(13) the term ‘‘material support or resources’’ has the same 

meaning given that term in section 2339B(g)(4) of this title; 

and 

(14) the term ‘‘state’’ has the same meaning as that term has 

under international law, and includes all political subdivisions 

thereof. 

(f) CIVIL PENALTY.—In addition to any other criminal, civil, or 

administrative liability or penalty, any legal entity located within 

the United States or organized under the laws of the United 

States, including any of the laws of its States, districts, commonwealths, territories, or possessions, shall be liable to the United 

States for the sum of at least $10,000, if a person responsible for 

the management or control of that legal entity has, in that capacity, committed an offense set forth in subsection (a). 


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§ 2339D. Receiving military-type training from a foreign terrorist organization 

(a) OFFENSE.—Whoever knowingly receives military-type training 

from or on behalf of any organization designated at the time of the 

training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization 

shall be fined under this title or imprisoned for ten years, or both. 

To violate this subsection, a person must have knowledge that the 

organization is a designated terrorist organization (as defined in 

subsection (c)(4)), that the organization has engaged or engages in 

terrorist activity (as defined in section 212 of the Immigration and 

Nationality Act), or that the organization has engaged or engages 

in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). 

(b) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial 

Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— 

(1) an offender is a national of the United States (as defined 

in 101(a)(22) of the Immigration and Nationality Act) or an 

alien lawfully admitted for permanent residence in the United 

States (as defined in section 101(a)(20) of the Immigration and 

Nationality Act); 

(2) an offender is a stateless person whose habitual residence 

is in the United States; 

(3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if 

the conduct required for the offense occurs outside the United 

States; 

(4) the offense occurs in whole or in part within the United 

States; 

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

(6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense 

under subsection (a) or conspires with any person over whom 

jurisdiction exists under this paragraph to commit an offense 

under subsection (a). 

(c) DEFINITIONS.—As used in this section— 

(1) the term ‘‘military-type training’’ includes training in 

means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical 

infrastructure, or training on the use, storage, production, or 

assembly of any explosive, firearm or other weapon, including 

any weapon of mass destruction (as defined in section 

2232a(c)(2)); 

ø(2) the term ‘‘serious bodily injury’’ has the meaning given 

that term in section 1365(h)(3);¿ 

(3) the term ‘‘critical infrastructure’’ means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or 

privately owned; examples of critical infrastructure include gas 

and oil production, storage, or delivery systems, water supply 

systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, 


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emergency services (including medical, police, fire, and rescue 

services), and transportation systems and services (including 

highways, mass transit, airlines, and airports); and 

(4) the term ‘‘foreign terrorist organization’’ means an organization designated as a terrorist organization under section 

219(a)(1) of the Immigration and Nationality Act. 

* * * * * * * 

CHAPTER 114—TRAFFICKING IN CONTRABAND 

CIGARETTES AND SMOKELESS TOBACCO 

§ 2341. Definitions 

As used in this chapter— 

(1) the term ‘‘cigarette’’ means— 

(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and 

(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type 

of tobacco used in the filler, or its packaging and labeling, 

is likely to be offered to, or purchased by, consumers as a 

cigarette described in subparagraph (A); 

(2) the term ‘‘contraband cigarettes’’ means a quantity in excess of 10,000 cigarettes, which bear no evidence of the payment of applicable State or local cigarette taxes in the State 

or locality where such cigarettes are found, if the State or local 

government requires a stamp, impression, or other indication 

to be placed on packages or other containers of cigarettes to 

evidence payment of cigarette taxes, and which are in the possession of any person other than— 

(A) a person holding a permit issued pursuant to chapter 

52 of the Internal Revenue Code of 1986 as a manufacturer of tobacco products or as an export warehouse proprietor, or a person operating a customs bonded warehouse 

pursuant to section 311 or 555 of the Tariff Act of 1930 (19 

U.S.C. 1311 or 1555) or an agent of such person; 

(B) a common or contract carrier transporting the cigarettes involved under a proper bill of lading or freight bill 

which states the quantity, source, and destination of such 

cigarettes; 

(C) a person— 

(i) who is licensed or otherwise authorized by the 

State where the cigarettes are found to account for 

and pay cigarette taxes imposed by such State; and 

(ii) who has complied with the accounting and payment requirements relating to such license or authorization with respect to the cigarettes involved; or 

(D) an officer, employee, or other agent of the United 

States or a State, or any department, agency, or instrumentality of the United States or a State (including any 

political subdivision of a State) having possession of such 

cigarettes in connection with the performance of official 

duties; 

(3) the term ‘‘common or contract carrier’’ means a carrier 

holding a certificate of convenience and necessity, a permit for 

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thority under subtitle IV of title 49, or under equivalent operating authority from a regulatory agency of the United States 

or of any State; 

ø(4) the term ‘‘State’’ means a State of the United States, the 

District of Columbia, the Commonwealth of Puerto Rico, or the 

Virgin Islands;¿ 

(5) the term ‘‘Attorney General’’ means the Attorney General 

of the United States; 

(6) the term ‘‘smokeless tobacco’’ means any finely cut, 

ground, powdered, or leaf tobacco that is intended to be placed 

in the oral or nasal cavity or otherwise consumed without 

being combusted; 

(7) the term ‘‘contraband smokeless tobacco’’ means a quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, that are in the 

possession of any person other than— 

(A) a person holding a permit issued pursuant to chapter 

52 of the Internal Revenue Code of 1986 as manufacturer 

of tobacco products or as an export warehouse proprietor, 

a person operating a customs bonded warehouse pursuant 

to section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 

1311, 1555), or an agent of such person; 

(B) a common carrier transporting such smokeless tobacco under a proper bill of lading or freight bill which 

states the quantity, source, and designation of such smokeless tobacco; 

(C) a person who— 

(i) is licensed or otherwise authorized by the State 

where such smokeless tobacco is found to engage in 

the business of selling or distributing tobacco products; and 

(ii) has complied with the accounting, tax, and payment requirements relating to such license or authorization with respect to such smokeless tobacco; or 

(D) an officer, employee, or agent of the United States or 

a State, or any department, agency, or instrumentality of 

the United States or a State (including any political subdivision of a State), having possession of such smokeless 

tobacco in connection with the performance of official duties; 

* * * * * * * 

CHAPTER 115—TREASON, SEDITION, AND SUBVERSIVE 

ACTIVITIES 

* * * * * * * 

§ 2384. Seditious conspiracy 

If two or more persons in any State øor Territory¿, or in any 

place subject to the jurisdiction of the United States, conspire to 

overthrow, put down, or to destroy by force the Government of the 

United States, or to levy war against them, or to oppose by force 

the authority thereof, or by force to prevent, hinder, or delay the 

execution of any law of the United States, or by force to seize, take, 

or possess any property of the United States contrary to the auVerDate Sep 11 2014 23:35 Dec 27, 2016 Jkt 069006 PO 00000 Frm 00172 Fmt 6659 Sfmt 6601 E:\HR\OC\HR889.XXX HR889

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

§ 2385. Advocating overthrow of Government 

Whoever knowingly or willfully advocates, abets, advises, or 

teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the 

government of any Stateø, Territory, District or Possession thereof,¿ or the government of any political subdivision therein, by force 

or violence, or by the assassination of any officer of any such government; or 

Whoever, with intent to cause the overthrow or destruction of 

any such government, prints, publishes, edits, issues, circulates, 

sells, distributes, or publicly displays any written or printed matter 

advocating, advising, or teaching the duty, necessity, desirability, 

or propriety of overthrowing or destroying any government in the 

United States by force or violence, or attempts to do so; or 

Whoever organizes or helps or attempts to organize any society, 

group, or assembly of persons who teach, advocate, or encourage 

the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such 

society, group, or assembly of persons, knowing the purposes thereof— 

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the 

United States or any department or agency thereof, for the five 

years next following his conviction. 

If two or more persons conspire to commit any offense named in 

this section, each shall be fined under this title or imprisoned not 

more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, 

for the five years next following his conviction. 

As used in this section, the terms ‘‘organizes’’ and ‘‘organize’’, 

with respect to any society, group, or assembly of persons, include 

the recruiting of new members, the forming of new units, and the 

regrouping or expansion of existing clubs, classes, and other units 

of such society, group, or assembly of persons. 

§ 2386. Registration of certain organizations 

(A) For the purposes of this section: 

‘‘Attorney General’’ means the Attorney General of the 

United States; 

‘‘Organization’’ means any group, club, league, society, committee, association, political party, or combination of individuals, whether incorporated or otherwise, but such term shall 

not include any corporation, association, community chest, 

fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes; 

‘‘Political activity’’ means any activity the purpose or aim of 

which, or one of the purposes or aims of which, is the control 

by force or overthrow of the Government of the United States 

or a political subdivision thereof, or any State or political subdivision thereof; 

An organization is engaged in ‘‘civilian military activity’’ if: 


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(1) it gives instruction to, or prescribes instruction for, its 

members in the use of firearms or other weapons or any substitute therefor, or military or naval science; or 

(2) it receives from any other organization or from any individual instruction in military or naval science; or 

(3) it engages in any military or naval maneuvers or activities; or 

(4) it engages, either with or without arms, in drills or parades of a military or naval character; or 

(5) it engages in any other form of organized activity which 

in the opinion of the Attorney General constitutes preparation 

for military action; 

An organization is ‘‘subject to foreign control’’ if: 

(a) it solicits or accepts financial contributions, loans, or support of any kind, directly or indirectly, from, or is affiliated directly or indirectly with, a foreign government or a political 

subdivision thereof, or an agent, agency, or instrumentality of 

a foreign government or political subdivision thereof, or a political party in a foreign country, or an international political organization; or 

(b) its policies, or any of them, are determined by or at the 

suggestion of, or in collaboration with, a foreign government or 

political subdivision thereof, or an agent, agency, or instrumentality of a foreign government or a political subdivision thereof, 

or a political party in a foreign country, or an international political organization. 

(B)(1) The following organizations shall be required to register 

with the Attorney General: 

Every organization subject to foreign control which engages in 

political activity; 

Every organization which engages both in civilian military activity and in political activity; 

Every organization subject to foreign control which engages in civilian military activity; and 

Every organization, the purpose or aim of which, or one of the 

purposes or aims of which, is the establishment, control, conduct, 

seizure, or overthrow of a government or subdivision thereof by the 

use of force, violence, military measures, or threats of any one or 

more of the foregoing. 

Every such organization shall register by filing with the Attorney 

General, on such forms and in such detail as the Attorney General 

may by rules and regulations prescribe, a registration statement 

containing the information and documents prescribed in subsection 

(B)(3) and shall within thirty days after the expiration of each period of six months succeeding the filing of such registration statement, file with the Attorney General, on such forms and in such 

detail as the Attorney General may by rules and regulations prescribe, a supplemental statement containing such information and 

documents as may be necessary to make the information and documents previously filed under this section accurate and current with 

respect to such preceding six months’ period. Every statement required to be filed by this section shall be subscribed, under oath, 

by all of the officers of the organization. 

(2) This section shall not require registration or the filing of any 

statement with the Attorney General by: 


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(a) The armed forces of the United States; or 

(b) The organized militia or National Guard of any State, Territory, District, or possession of the United States; or 

(c) Any law-enforcement agency of the United States or of any 

Territory, District or possession thereof, or of any State or political 

subdivision of a State, or of any agency or instrumentality of one 

or more States; or 

(d) Any duly established diplomatic mission or consular office of 

a foreign government which is so recognized by the Department of 

State; or 

(e) Any nationally recognized organization of persons who are 

veterans of the armed forces of the United States, or affiliates of 

such organizations. 

(3) Every registration statement required to be filed by any organization shall contain the following information and documents: 

(a) The name and post-office address of the organization in the 

United States, and the names and addresses of all branches, chapters, and affiliates of such organization; 

(b) The name, address, and nationality of each officer, and of 

each person who performs the functions of an officer, of the organization, and of each branch, chapter, and affiliate of the organization; 

(c) The qualifications for membership in the organization; 

(d) The existing and proposed aims and purposes of the organization, and all the means by which these aims or purposes are being 

attained or are to be attained; 

(e) The address or addresses of meeting places of the organization, and of each branch, chapter, or affiliate of the organization, 

and the times of meetings; 

(f) The name and address of each person who has contributed 

any money, dues, property, or other thing of value to the organization or to any branch, chapter, or affiliate of the organization; 

(g) A detailed statement of the assets of the organization, and of 

each branch, chapter, and affiliate of the organization, the manner 

in which such assets were acquired, and a detailed statement of 

the liabilities and income of the organization and of each branch, 

chapter, and affiliate of the organization; 

(h) A detailed description of the activities of the organization, 

and of each chapter, branch, and affiliate of the organization; 

(i) A description of the uniforms, badges, insignia, or other means 

of identification prescribed by the organization, and worn or carried 

by its officers or members, or any of such officers or members; 

(j) A copy of each book, pamphlet, leaflet, or other publication or 

item of written, printed, or graphic matter issued or distributed directly or indirectly by the organization, or by any chapter, branch, 

or affiliate of the organization, or by any of the members of the organization under its authority or within its knowledge, together 

with the name of its author or authors and the name and address 

of the publisher; 

(k) A description of all firearms or other weapons owned by the 

organization, or by any chapter, branch, or affiliate of the organization, identified by the manufacturer’s number thereon; 

(l) In case the organization is subject to foreign control, the manner in which it is so subject; 


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(m) A copy of the charter, articles of association, constitution, bylaws, rules, regulations, agreements, resolutions, and all other instruments relating to the organization, powers, and purposes of the 

organization and to the powers of the officers of the organization 

and of each chapter, branch, and affiliate of the organization; and 

(n) Such other information and documents pertinent to the purposes of this section as the Attorney General may from time to 

time require. 

All statements filed under this section shall be public records 

and open to public examination and inspection at all reasonable 

hours under such rules and regulations as the Attorney General 

may prescribe. 

(C) The Attorney General is authorized at any time to make, 

amend, and rescind such rules and regulations as may be necessary to carry out this section, including rules and regulations 

governing the statements required to be filed. 

(D) Whoever violates any of the provisions of this section shall 

be fined under this title or imprisoned not more than five years, 

or both. 

Whoever in a statement filed pursuant to this section willfully 

makes any false statement or willfully omits to state any fact 

which is required to be stated, or which is necessary to make the 

statements made not misleading, shall be fined under this title or 

imprisoned not more than five years, or both. 

* * * * * * * 

CHAPTER 117—TRANSPORTATION FOR ILLEGAL 

SEXUAL ACTIVITY AND RELATED CRIMES 

* * * * * * * 

§ 2426. Repeat offenders 

(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum term of 

imprisonment for a violation of this chapter after a prior sex offense conviction shall be twice the term of imprisonment otherwise 

provided by this chapter, unless section 3559(e) applies. 

(b) DEFINITIONS.—In this section— 

(1) the term ‘‘prior sex offense conviction’’ means a conviction 

for an offense— 

(A) under this chapter, chapter 109A, chapter 110, or 

section 1591; or 

(B) under State law for an offense consisting of conduct 

that would have been an offense under a chapter referred 

to in paragraph (1) if the conduct had occurred within the 

special maritime and territorial jurisdiction of the United 

Statesø; and¿ 

ø(2) the term ‘‘State’’ means a State of the United States, the 

District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

* * * * * * * 


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CHAPTER 119—WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL 

COMMUNICATIONS 

§ 2510. Definitions 

As used in this chapter— 

(1) ‘‘wire communication’’ means any aural transfer made in 

whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other 

like connection between the point of origin and the point of reception (including the use of such connection in a switching 

station) furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting 

interstate or foreign commerce; 

(2) ‘‘oral communication’’ means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any 

electronic communication; 

ø(3) ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any 

territory or possession of the United States;¿ 

(4) ‘‘intercept’’ means the aural or other acquisition of the 

contents of any wire, electronic, or oral communication through 

the use of any electronic, mechanical, or other device. 

(5) ‘‘electronic, mechanical, or other device’’ means any device 

or apparatus which can be used to intercept a wire, oral, or 

electronic communication other than— 

(a) any telephone or telegraph instrument, equipment or 

facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and 

being used by the subscriber or user in the ordinary course 

of its business or furnished by such subscriber or user for 

connection to the facilities of such service and used in the 

ordinary course of its business; or (ii) being used by a provider of wire or electronic communication service in the ordinary course of its business, or by an investigative or law 

enforcement officer in the ordinary course of his duties; 

(b) a hearing aid or similar device being used to correct 

subnormal hearing to not better than normal; 

(6) ‘‘person’’ means any employee, or agent of the United 

States or any State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, 

or corporation; 

(7) ‘‘Investigative or law enforcement officer’’ means any officer of the United States or of a State or political subdivision 

thereof, who is empowered by law to conduct investigations of 

or to make arrests for offenses enumerated in this chapter, and 

any attorney authorized by law to prosecute or participate in 

the prosecution of such offenses; 

(8) ‘‘contents’’, when used with respect to any wire, oral, or 

electronic communication, includes any information concerning 

the substance, purport, or meaning of that communication; 


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(9) ‘‘Judge of competent jurisdiction’’ means— 

(a) a judge of a United States district court or a United 

States court of appeals; and 

(b) a judge of any court of general criminal jurisdiction 

of a State who is authorized by a statute of that State to 

enter orders authorizing interceptions of wire, oral, or electronic communications; 

(10) ‘‘communication common carrier’’ has the meaning given 

that term in section 3 of the Communications Act of 1934; 

(11) ‘‘aggrieved person’’ means a person who was a party to 

any intercepted wire, oral, or electronic communication or a 

person against whom the interception was directed; 

(12) ‘‘electronic communication’’ means any transfer of signs, 

signals, writing, images, sounds, data, or intelligence of any 

nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects 

interstate or foreign commerce, but does not include— 

(A) any wire or oral communication; 

(B) any communication made through a tone-only paging 

device; 

(C) any communication from a tracking device (as defined in section 3117 of this title); or 

(D) electronic funds transfer information stored by a financial institution in a communications system used for 

the electronic storage and transfer of funds; 

(13) ‘‘user’’ means any person or entity who— 

(A) uses an electronic communication service; and 

(B) is duly authorized by the provider of such service to 

engage in such use; 

(14) ‘‘electronic communications system’’ means any wire, 

radio, electromagnetic, photooptical or photoelectronic facilities 

for the transmission of wire or electronic communications, and 

any computer facilities or related electronic equipment for the 

electronic storage of such communications; 

(15) ‘‘electronic communication service’’ means any service 

which provides to users thereof the ability to send or receive 

wire or electronic communications; 

(16) ‘‘readily accessible to the general public’’ means, with respect to a radio communication, that such communication is 

not— 

(A) scrambled or encrypted; 

(B) transmitted using modulation techniques whose essential parameters have been withheld from the public 

with the intention of preserving the privacy of such communication; 

(C) carried on a subcarrier or other signal subsidiary to 

a radio transmission; 

(D) transmitted over a communication system provided 

by a common carrier, unless the communication is a tone 

only paging system communication; or 

(E) transmitted on frequencies allocated under part 25, 

subpart D, E, or F of part 74, or part 94 of the Rules of 

the Federal Communications Commission, unless, in the 

case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to 


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broadcast auxiliary services, the communication is a twoway voice communication by radio; 

(17) ‘‘electronic storage’’ means— 

(A) any temporary, intermediate storage of a wire or 

electronic communication incidental to the electronic transmission thereof; and 

(B) any storage of such communication by an electronic 

communication service for purposes of backup protection of 

such communication; 

(18) ‘‘aural transfer’’ means a transfer containing the human 

voice at any point between and including the point of origin 

and the point of reception; 

(19) ‘‘foreign intelligence information’’, for purposes of section 

2517(6) of this title, means— 

(A) information, whether or not concerning a United 

States person, that relates to the ability of the United 

States to protect against— 

(i) actual or potential attack or other grave hostile 

acts of a foreign power or an agent of a foreign power; 

(ii) sabotage or international terrorism by a foreign 

power or an agent of a foreign power; or 

(iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by an 

agent of a foreign power; or 

(B) information, whether or not concerning a United 

States person, with respect to a foreign power or foreign 

territory that relates to— 

(i) the national defense or the security of the United 

States; or 

(ii) the conduct of the foreign affairs of the United 

States; 

(20) ‘‘protected computer’’ has the meaning set forth in section 1030; and 

(21) ‘‘computer trespasser’’— 

(A) means a person who accesses a protected computer 

without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, 

through, or from the protected computer; and 

(B) does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected 

computer. 

* * * * * * * 

PART II—CRIMINAL PROCEDURE 

* * * * * * * 

CHAPTER 204—REWARDS FOR INFORMATION 

CONCERNING TERRORIST ACTS AND ESPIONAGE 

* * * * * * * 


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§ 3077. Definitions 

As used in this chapter, the term— 

(1) ‘‘act of terrorism’’ means an act of domestic or international terrorism as defined in section 2331; 

(2) ‘‘United States person’’ means— 

(A) a national of the United States as defined in section 

101(a)(22) of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(22)); 

(B) an alien lawfully admitted for permanent residence 

in the United States as defined in section 101(a)(20) of the 

Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); 

(C) any person within the United States; 

(D) any employee or contractor of the United States Government, regardless of nationality, who is the victim or intended victim of an act of terrorism by virtue of that employment; 

(E) a sole proprietorship, partnership, company, or association composed principally of nationals or permanent 

resident aliens of the United States; and 

(F) a corporation organized under the laws of the United 

States, any State, the District of Columbia, or any territory or possession of the United States, and a foreign subsidiary of such corporation; 

(3) ‘‘United States property’’ means any real or personal 

property which is within the United States or, if outside the 

United States, the actual or beneficial ownership of which rests 

in a United States person or any Federal or State governmental entity of the United States; 

(4) ‘‘United States’’, when used in a geographical sense, includes Puerto Rico and all territories and possessions of the 

United States; 

ø(5) ‘‘State’’ includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any 

other possession or territory of the United States;¿ 

(6) ‘‘government entity’’ includes the Government of the 

United States, any State or political subdivision thereof, any 

foreign country, and any state, provincial, municipal, or other 

political subdivision of a foreign country; 

(7) ‘‘Attorney General’’ means the Attorney General of the 

United States or that official designated by the Attorney General to perform the Attorney General’s responsibilities under 

this chapter; and 

(8) ‘‘act of espionage’’ means an activity that is a violation 

of— 

(A) section 793, 794, or 798 of this title; or 

(B) section 4 of the Subversive Activities Control Act of 

1950. 

* * * * * * * 

CHAPTER 206—PEN REGISTERS AND TRAP AND TRACE 

DEVICES 

* * * * * * * 


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§ 3127. Definitions for chapter 

As used in this chapter— 

(1) the terms ‘‘wire communication’’, ‘‘electronic communication’’, ‘‘electronic communication service’’, and ‘‘contents’’ have 

the meanings set forth for such terms in section 2510 of this 

title; 

(2) the term ‘‘court of competent jurisdiction’’ means— 

(A) any district court of the United States (including a 

magistrate judge of such a court) or any United States 

court of appeals that— 

(i) has jurisdiction over the offense being investigated; 

(ii) is in or for a district in which the provider of a 

wire or electronic communication service is located; 

(iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) 

of section 3124 of this title is located; or 

(iv) is acting on a request for foreign assistance pursuant to section 3512 of this title; or 

(B) a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device; 

(3) the term ‘‘pen register’’ means a device or process which 

records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which 

a wire or electronic communication is transmitted, provided, 

however, that such information shall not include the contents 

of any communication, but such term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such 

provider or any device or process used by a provider or customer of a wire communication service for cost accounting or 

other like purposes in the ordinary course of its business; 

(4) the term ‘‘trap and trace device’’ means a device or process which captures the incoming electronic or other impulses 

which identify the originating number or other dialing, routing, 

addressing, and signaling information reasonably likely to 

identify the source of a wire or electronic communication, provided, however, that such information shall not include the 

contents of any communication; and 

(5) the term ‘‘attorney for the Government’’ has the meaning 

given such term for the purposes of the Federal Rules of Criminal Procedureø; and¿. 

ø(6) the term ‘‘State’’ means a State, the District of Columbia, Puerto Rico, and any other possession or territory of the 

United States.¿ 

* * * * * * * 

CHAPTER 207—RELEASE AND DETENTION PENDING 

JUDICIAL PROCEEDINGS 

* * * * * * * 


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§ 3156. Definitions 

(a) As used in sections 3141-3150 of this chapter— 

(1) the term ‘‘judicial officer’’ means, unless otherwise indicated, any person or court authorized pursuant to section 3041 

of this title, or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sentencing or pending 

appeal in a court of the United States, and any judge of the 

Superior Court of the District of Columbia; 

(2) the term ‘‘offense’’ means any criminal offense, other than 

an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of 

an Act of Congress and is triable in any court established by 

Act of Congress; 

(3) the term ‘‘felony’’ means an offense punishable by a maximum term of imprisonment of more than one year; and 

(4) the term ‘‘crime of violence’’ means— 

(A) an offense that has as an element of the offense the 

use, attempted use, or threatened use of physical force 

against the person or property of another; 

(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against 

the person or property of another may be used in the 

course of committing the offense; or 

(C) any felony under chapter 77, 109A, 110, or 117ø; 

and¿. 

ø(5) the term ‘‘State’’ includes a State of the United States, 

the District of Columbia, and any commonwealth, territory, or 

possession of the United States.¿ 

(b) As used in sections 3152-3155 of this chapter— 

(1) the term ‘‘judicial officer’’ means, unless otherwise indicated, any person or court authorized pursuant to section 3041 

of this title, or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sentencing or pending 

appeal in a court of the United States, and 

(2) the term ‘‘offense’’ means any Federal criminal offense 

which is in violation of any Act of Congress and is triable by 

any court established by Act of Congress (other than a Class 

B or C misdemeanor or an infraction, or an offense triable by 

court-martial, military commission, provost court, or other 

military tribunal). 

* * * * * * * 

CHAPTER 209—EXTRADITION 

Sec. 

3181. Scope and limitation of chapter. 

3182. Fugitives from øState or Territory¿State to øState, District, or Territory¿State. 

3183. Fugitives from Stateø, Territory, or Possession¿ into extraterritorial jurisdiction of United States. 

* * * * * * * 


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§ 3182. Fugitives from øState or Territory¿ State to øState, 

District, or Territory¿ State 

Whenever the executive authority of any øState or Territory¿ 

State demands any person as a fugitive from justice, of the executive authority of any øState, District, or Territory¿ State to which 

such person has fled, and produces a copy of an indictment found 

or an affidavit made before a magistrate of any øState or Territory¿ State, charging the person demanded with having committed 

treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the øState or Territory¿ State from 

whence the person so charged has fled, the executive authority of 

the øState, District, or Territory¿ State to which such person has 

fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such 

agent appears within thirty days from the time of the arrest, the 

prisoner may be discharged. 

§ 3183. Fugitives from Stateø, Territory, or Possession¿ into 

extraterritorial jurisdiction of United States 

Whenever the executive authority of any Stateø, Territory, District, or possession of the United States¿ demands any American 

citizen or national as a fugitive from justice who has fled to a country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an indictment found or an affidavit 

made before a magistrate of the demanding jurisdiction, charging 

the fugitive so demanded with having committed treason, felony, or 

other offense, certified as authentic by the Governor or chief magistrate of such demanding jurisdiction, or other person authorized 

to act, the officer or representative of the United States vested with 

judicial authority to whom the demand has been made shall cause 

such fugitive to be arrested and secured, and notify the executive 

authorities making such demand, or the agent of such authority 

appointed to receive the fugitive, and shall cause the fugitive to be 

delivered to such agent when he shall appear. 

If no such agent shall appear within three months from the time 

of the arrest, the prisoner may be discharged. 

The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has 

fled. 

* * * * * * * 

§ 3194. Transportation of fugitive by receiving agent 

Any agent appointed as provided in section 3182 of this title who 

receives the fugitive into his custody is empowered to transport 

him to the State øor Territory¿ from which he has fled. 

* * * * * * * 

CHAPTER 223—WITNESSES AND EVIDENCE 

§ 3481. Competency of accused 

In trial of all persons charged with the commission of offenses 

against the United States and in all proceedings in courts martial 


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and courts of inquiry in any Stateø, District, Possession or Territory¿, the person charged shall, at his own request, be a competent 

witness. His failure to make such request shall not create any presumption against him. 

CHAPTER 224—PROTECTION OF WITNESSES 

Sec. 

3521. Witness relocation and protection. 

* * * * * * * 

ø3528. Definition.¿ 

* * * * * * * 

ø§ 3528. Definition 

øFor purposes of this chapter, the term ‘‘State’’ means each of the 

several States, the District of Columbia, the Commonwealth of 

Puerto Rico, and any territory or possession of the United States.¿ 

* * * * * * * 

CHAPTER 227—SENTENCES 

SUBCHAPTER A—GENERAL PROVISIONS 

* * * * * * * 

§ 3559. Sentencing classification of offenses 

(a) CLASSIFICATION.—An offense that is not specifically classified 

by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— 

(1) life imprisonment, or if the maximum penalty is death, 

as a Class A felony; 

(2) twenty-five years or more, as a Class B felony; 

(3) less than twenty-five years but ten or more years, as a 

Class C felony; 

(4) less than ten years but five or more years, as a Class D 

felony; 

(5) less than five years but more than one year, as a Class 

E felony; 

(6) one year or less but more than six months, as a Class A 

misdemeanor; 

(7) six months or less but more than thirty days, as a Class 

B misdemeanor; 

(8) thirty days or less but more than five days, as a Class 

C misdemeanor; or 

(9) five days or less, or if no imprisonment is authorized, as 

an infraction. 

(b) EFFECT OF CLASSIFICATION.—Except as provided in subsection 

(c), an offense classified under subsection (a) carries all the incidents assigned to the applicable letter designation, except that the 

maximum term of imprisonment is the term authorized by the law 

describing the offense. 

(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS.— 

(1) MANDATORY LIFE IMPRISONMENT.—Notwithstanding any 

other provision of law, a person who is convicted in a court of 


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the United States of a serious violent felony shall be sentenced 

to life imprisonment if— 

(A) the person has been convicted (and those convictions 

have become final) on separate prior occasions in a court 

of the United States or of a State of— 

(i) 2 or more serious violent felonies; or 

(ii) one or more serious violent felonies and one or 

more serious drug offenses; and 

(B) each serious violent felony or serious drug offense 

used as a basis for sentencing under this subsection, other 

than the first, was committed after the defendant’s conviction of the preceding serious violent felony or serious drug 

offense. 

(2) DEFINITIONS.—For purposes of this subsection— 

(A) the term ‘‘assault with intent to commit rape’’ means 

an offense that has as its elements engaging in physical 

contact with another person or using or brandishing a 

weapon against another person with intent to commit aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242); 

(B) the term ‘‘arson’’ means an offense that has as its 

elements maliciously damaging or destroying any building, 

inhabited structure, vehicle, vessel, or real property by 

means of fire or an explosive; 

(C) the term ‘‘extortion’’ means an offense that has as its 

elements the extraction of anything of value from another 

person by threatening or placing that person in fear of injury to any person or kidnapping of any person; 

(D) the term ‘‘firearms use’’ means an offense that has 

as its elements those described in section 924(c) or 929(a), 

if the firearm was brandished, discharged, or otherwise 

used as a weapon and the crime of violence or drug trafficking crime during and relation to which the firearm was 

used was subject to prosecution in a court of the United 

States or a court of a State, or both; 

(E) the term ‘‘kidnapping’’ means an offense that has as 

its elements the abduction, restraining, confining, or carrying away of another person by force or threat of force; 

(F) the term ‘‘serious violent felony’’ means— 

(i) a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as 

described in section 1111); manslaughter other than 

involuntary manslaughter (as described in section 

1112); assault with intent to commit murder (as described in section 113(a)); assault with intent to commit rape; aggravated sexual abuse and sexual abuse 

(as described in sections 2241 and 2242); abusive sexual contact (as described in sections 2244(a)(1) and 

(a)(2)); kidnapping; aircraft piracy (as described in section 46502 of Title 49); robbery (as described in section 

2111, 2113, or 2118); carjacking (as described in section 2119); extortion; arson; firearms use; firearms 

possession (as described in section 924(c)); or attempt, 

conspiracy, or solicitation to commit any of the above 

offenses; and 


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(ii) any other offense punishable by a maximum 

term of imprisonment of 10 years or more that has as 

an element the use, attempted use, or threatened use 

of physical force against the person of another or that, 

by its nature, involves a substantial risk that physical 

force against the person of another may be used in the 

course of committing the offense; and 

ø(G) the term ‘‘State’’ means a State of the United 

States, the District of Columbia, and a commonwealth, territory, or possession of the United States; and¿ 

(H) the term ‘‘serious drug offense’’ means— 

(i) an offense that is punishable under section 

401(b)(1)(A) or 408 of the Controlled Substances Act 

(21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of 

the Controlled Substances Import and Export Act (21 

U.S.C. 960(b)(1)(A)); or 

(ii) an offense under State law that, had the offense 

been prosecuted in a court of the United States, would 

have been punishable under section 401(b)(1)(A) or 

408 of the Controlled Substances Act (21 U.S.C. 

841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 

960(b)(1)(A)). 

(3) NONQUALIFYING FELONIES.— 

(A) ROBBERY IN CERTAIN CASES.—Robbery, an attempt, 

conspiracy, or solicitation to commit robbery; or an offense 

described in paragraph (2)(F)(ii) shall not serve as a basis 

for sentencing under this subsection if the defendant establishes by clear and convincing evidence that— 

(i) no firearm or other dangerous weapon was used 

in the offense and no threat of use of a firearm or 

other dangerous weapon was involved in the offense; 

and 

(ii) the offense did not result in death or serious bodily injury ø(as defined in section 1365)¿ to any person. 

(B) ARSON IN CERTAIN CASES.—Arson shall not serve as 

a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that— 

(i) the offense posed no threat to human life; and 

(ii) the defendant reasonably believed the offense 

posed no threat to human life. 

(4) INFORMATION FILED BY UNITED STATES ATTORNEY.—The 

provisions of section 411(a) of the Controlled Substances Act 

(21 U.S.C. 851(a)) shall apply to the imposition of sentence 

under this subsection. 

(5) RULE OF CONSTRUCTION.—This subsection shall not be 

construed to preclude imposition of the death penalty. 

(6) SPECIAL PROVISION FOR INDIAN COUNTRY.—No person 

subject to the criminal jurisdiction of an Indian tribal government shall be subject to this subsection for any offense for 

which Federal jurisdiction is solely predicated on Indian country (as defined in section 1151) and which occurs within the 

boundaries of such Indian country unless the governing body 

of the tribe has elected that this subsection have effect over 


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land and persons subject to the criminal jurisdiction of the 

tribe. 

(7) RESENTENCING UPON OVERTURNING OF PRIOR CONVICTION.—If the conviction for a serious violent felony or serious 

drug offense that was a basis for sentencing under this subsection is found, pursuant to any appropriate State or Federal 

procedure, to be unconstitutional or is vitiated on the explicit 

basis of innocence, or if the convicted person is pardoned on 

the explicit basis of innocence, the person serving a sentence 

imposed under this subsection shall be resentenced to any sentence that was available at the time of the original sentencing. 

(d) DEATH OR IMPRISONMENT FOR CRIMES AGAINST CHILDREN.— 

(1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of law, a person who is convicted 

of a Federal offense that is a serious violent felony (as defined 

in subsection (c)) or a violation of section 2422, 2423, or 2251 

shall, unless the sentence of death is imposed, be sentenced to 

imprisonment for life, if— 

(A) the victim of the offense has not attained the age of 

14 years; 

(B) the victim dies as a result of the offense; and 

(C) the defendant, in the course of the offense, engages 

in conduct described in section 3591(a)(2). 

(2) EXCEPTION.—With respect to a person convicted of a Federal offense described in paragraph (1), the court may impose 

any lesser sentence that is authorized by law to take into account any substantial assistance provided by the defendant in 

the investigation or prosecution of another person who has 

committed an offense, in accordance with the Federal Sentencing Guidelines and the policy statements of the Federal 

Sentencing Commission pursuant to section 994(p) of title 28, 

or for other good cause. 

(e) MANDATORY LIFE IMPRISONMENT FOR REPEATED SEX OFFENSES AGAINST CHILDREN.— 

(1) IN GENERAL.—A person who is convicted of a Federal sex 

offense in which a minor is the victim shall be sentenced to life 

imprisonment if the person has a prior sex conviction in which 

a minor was the victim, unless the sentence of death is imposed. 

(2) DEFINITIONS.—For the purposes of this subsection— 

(A) the term ‘‘Federal sex offense’’ means an offense 

under section 1591 (relating to sex trafficking of children), 

2241 (relating to aggravated sexual abuse), 2242 (relating 

to sexual abuse), 2244(a)(1) (relating to abusive sexual contact), 2245 (relating to sexual abuse resulting in death), 

2251 (relating to sexual exploitation of children), 2251A 

(relating to selling or buying of children), 2422(b) (relating 

to coercion and enticement of a minor into prostitution), or 

2423(a) (relating to transportation of minors); 

(B) the term ‘‘State sex offense’’ means an offense under 

State law that is punishable by more than one year in 

prison and consists of conduct that would be a Federal sex 

offense if, to the extent or in the manner specified in the 

applicable provision of this title— 


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(i) the offense involved interstate or foreign commerce, or the use of the mails; or 

(ii) the conduct occurred in any commonwealth, territory, or possession of the United States, within the 

special maritime and territorial jurisdiction of the 

United States, in a Federal prison, on any land or 

building owned by, leased to, or otherwise used by or 

under the control of the Government of the United 

States, or in the Indian country (as defined in section 

1151); 

(C) the term ‘‘prior sex conviction’’ means a conviction 

for which the sentence was imposed before the conduct occurred constituting the subsequent Federal sex offense, 

and which was for a Federal sex offense or a State sex offense; and 

(D) the term ‘‘minor’’ means an individual who has not 

attained the age of 17 yearsø; and¿. ø(E) the term ‘‘State’’ has the meaning given that term 

in subsection (c)(2).¿ 

(3) NONQUALIFYING FELONIES.—An offense described in section 2422(b) or 2423(a) shall not serve as a basis for sentencing 

under this subsection if the defendant establishes by clear and 

convincing evidence that— 

(A) the sexual act or activity was consensual and not for 

the purpose of commercial or pecuniary gain; 

(B) the sexual act or activity would not be punishable by 

more than one year in prison under the law of the State 

in which it occurred; or 

(C) no sexual act or activity occurred. 

(f) MANDATORY MINIMUM TERMS OF IMPRISONMENT FOR VIOLENT

CRIMES AGAINST CHILDREN.—A person who is convicted of a Federal offense that is a crime of violence against the person of an individual who has not attained the age of 18 years shall, unless a 

greater mandatory minimum sentence of imprisonment is otherwise provided by law and regardless of any maximum term of imprisonment otherwise provided for the offense— 

(1) if the crime of violence is murder, be imprisoned for life 

or for any term of years not less than 30, except that such person shall be punished by death or life imprisonment if the circumstances satisfy any of subparagraphs (A) through (D) of 

section 3591(a)(2) of this title; 

(2) if the crime of violence is kidnapping (as defined in section 1201) or maiming (as defined in section 114), be imprisoned for life or any term of years not less than 25; and 

(3) if the crime of violence results in serious bodily injury 

ø(as defined in section 1365)¿, or if a dangerous weapon was 

used during and in relation to the crime of violence, be imprisoned for life or for any term of years not less than 10. 

(g)(1) If a defendant who is convicted of a felony offense (other 

than offense of which an element is the false registration of a domain name) knowingly falsely registered a domain name and 

knowingly used that domain name in the course of that offense, the 

maximum imprisonment otherwise provided by law for that offense 

shall be doubled or increased by 7 years, whichever is less. 

(2) As used in this section— 


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(A) the term ‘‘falsely registers’’ means registers in a manner 

that prevents the effective identification of or contact with the 

person who registers; and 

(B) the term ‘‘domain name’’ has the meaning given that 

term is section 45 of the Act entitled ‘‘An Act to provide for the 

registration and protection of trademarks used in commerce, to 

carry out the provisions of certain international conventions, 

and for other purposes’’ approved July 5, 1946 (commonly referred to as the ‘‘Trademark Act of 1946’’) (15 U.S.C. 1127). 

SUBCHAPTER B—PROBATION 

* * * * * * * 

§ 3563. Conditions of probation 

(a) MANDATORY CONDITIONS.—The court shall provide, as an explicit condition of a sentence of probation— 

(1) for a felony, a misdemeanor, or an infraction, that the defendant not commit another Federal, State, or local crime during the term of probation; 

(2) for a felony, that the defendant also abide by at least one 

condition set forth in subsection (b)(2) or (b)(12), unless the 

court has imposed a fine under this chapter, or unless the 

court finds on the record that extraordinary circumstances 

exist that would make such a condition plainly unreasonable, 

in which event the court shall impose one or more of the other 

conditions set forth under subsection (b); 

(3) for a felony, a misdemeanor, or an infraction, that the defendant not unlawfully possess a controlled substance; 

(4) for a domestic violence crime as defined in section 3561(b) 

by a defendant convicted of such an offense for the first time 

that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved 

by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved 

program is readily available within a 50-mile radius of the 

legal residence of the defendant; and 

(5) for a felony, a misdemeanor, or an infraction, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release 

on probation and at least 2 periodic drug tests thereafter (as 

determined by the court) for use of a controlled substance, but 

the condition stated in this paragraph may be ameliorated or 

suspended by the court for any individual defendant if the defendant’s presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the 

defendant; 

(6) that the defendant— 

(A) make restitution in accordance with sections 2248, 

2259, 2264, 2327, 3663, 3663A, and 3664; 

(B) pay the assessment imposed in accordance with section 3013; and 

(7) that the defendant will notify the court of any material 

change in the defendant’s economic circumstances that might 

affect the defendant’s ability to pay restitution, fines, or special 

assessments; 


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(8) for a person required to register under the Sex Offender 

Registration and Notification Act, that the person comply with 

the requirements of that Act; and 

(9) that the defendant cooperate in the collection of a DNA 

sample from the defendant if the collection of such a sample 

is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000. 

If the court has imposed and ordered execution of a fine and placed 

the defendant on probation, payment of the fine or adherence to 

the court-established installment schedule shall be a condition of 

the probation. 

(b) DISCRETIONARY CONDITIONS.—The court may provide, as further conditions of a sentence of probation, to the extent that such 

conditions are reasonably related to the factors set forth in section 

3553(a)(1) and (a)(2) and to the extent that such conditions involve 

only such deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 3553(a)(2), that the defendant— 

(1) support his dependents and meet other family responsibilities; 

(2) make restitution to a victim of the offense under section 

3556 (but not subject to the limitation of section 3663(a) or 

3663A(c)(1)(A)); 

(3) give to the victims of the offense the notice ordered pursuant to the provisions of section 3555; 

(4) work conscientiously at suitable employment or pursue 

conscientiously a course of study or vocational training that 

will equip him for suitable employment; 

(5) refrain, in the case of an individual, from engaging in a 

specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the offense, 

or engage in such a specified occupation, business, or profession only to a stated degree or under stated circumstances; 

(6) refrain from frequenting specified kinds of places or from 

associating unnecessarily with specified persons; 

(7) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 

102 of the Controlled Substances Act (21 U.S.C. 802), without 

a prescription by a licensed medical practitioner; 

(8) refrain from possessing a firearm, destructive device, or 

other dangerous weapon; 

(9) undergo available medical, psychiatric, or psychological 

treatment, including treatment for drug or alcohol dependency, 

as specified by the court, and remain in a specified institution 

if required for that purpose; 

(10) remain in the custody of the Bureau of Prisons during 

nights, weekends, or other intervals of time, totaling no more 

than the lesser of one year or the term of imprisonment authorized for the offense, during the first year of the term of 

probation or supervised release; 

(11) reside at, or participate in the program of, a community 

corrections facility (including a facility maintained or under 

contract to the Bureau of Prisons) for all or part of the term 

of probation; 

(12) work in community service as directed by the court; 


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(13) reside in a specified place or area, or refrain from residing in a specified place or area; 

(14) remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer; 

(15) report to a probation officer as directed by the court or 

the probation officer; 

(16) permit a probation officer to visit him at his home or 

elsewhere as specified by the court; 

(17) answer inquiries by a probation officer and notify the 

probation officer promptly of any change in address or employment; 

(18) notify the probation officer promptly if arrested or questioned by a law enforcement officer; 

(19) remain at his place of residence during nonworking 

hours and, if the court finds it appropriate, that compliance 

with this condition be monitored by telephonic or electronic signaling devices, except that a condition under this paragraph 

may be imposed only as an alternative to incarceration; 

(20) comply with the terms of any court order or order of an 

administrative process pursuant to the law of a Stateø, the 

District of Columbia, or any other possession or territory of the 

United States,¿ requiring payments by the defendant for the 

support and maintenance of a child or of a child and the parent 

with whom the child is living; 

(21) be ordered deported by a United States district court, or 

United States magistrate judge, pursuant to a stipulation entered into by the defendant and the United States under section 238(d)(5) of the Immigration and Nationality Act, except 

that, in the absence of a stipulation, the United States district 

court or a United States magistrate judge, may order deportation as a condition of probation, if, after notice and hearing 

pursuant to such section, the Attorney General demonstrates 

by clear and convincing evidence that the alien is deportable; 

(22) satisfy such other conditions as the court may impose or; 

(23) if required to register under the Sex Offender Registration and Notification Act, submit his person, and any property, 

house, residence, vehicle, papers, computer, other electronic 

communication or data storage devices or media, and effects to 

search at any time, with or without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of probation or unlawful conduct by the person, and by any probation officer in the lawful 

discharge of the officer’s supervision functions. 

(c) MODIFICATIONS OF CONDITIONS.—The court may modify, reduce, or enlarge the conditions of a sentence of probation at any 

time prior to the expiration or termination of the term of probation, 

pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and the provisions 

applicable to the initial setting of the conditions of probation. 

(d) WRITTEN STATEMENT OF CONDITIONS.—The court shall direct 

that the probation officer provide the defendant with a written 

statement that sets forth all the conditions to which the sentence 

is subject, and that is sufficiently clear and specific to serve as a 

guide for the defendant’s conduct and for such supervision as is required. 


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(e) Results of Drug Testing - The results of a drug test administered in accordance with paragraph (a)(5) shall be subject to confirmation only if the results are positive, the defendant is subject 

to possible imprisonment for such failure, and either the defendant 

denies the accuracy of such test or there is some other reason to 

question the results of the test. A defendant who tests positive may 

be detained pending verification of a positive drug test result. A 

drug test confirmation shall be a urine drug test confirmed using 

gas chromatography/mass spectrometry techniques or such test as 

the Director of the Administrative Office of the United States 

Courts after consultation with the Secretary of Health and Human 

Services may determine to be of equivalent accuracy. The court 

shall consider whether the availability of appropriate substance 

abuse treatment programs, or an individual’s current or past participation in such programs, warrants an exception in accordance 

with United States Sentencing Commission guidelines from the 

rule of section 3565(b), when considering any action against a defendant who fails a drug test administered in accordance with 

paragraph (a)(5). 

* * * * * * * 

PART III—PRISONS AND PRISONERS 

* * * * * * * 

CHAPTER 301—GENERAL PROVISIONS 

* * * * * * * 

§ 4002. Federal prisoners in State institutions; employment 

For the purpose of providing suitable quarters for the safekeeping, care, and subsistence of all persons held under authority 

of any enactment of Congress, the Attorney General may contract, 

for a period not exceeding three years, with the proper authorities 

of any Stateø, Territory,¿ or political subdivision thereof, for the 

imprisonment, subsistence, care, and proper employment of such 

persons. 

Such Federal prisoners shall be employed only in the manufacture of articles for, the production of supplies for, the construction 

of public works for, and the maintenance and care of the institutions of, the State or political subdivision in which they are imprisoned. 

The rates to be paid for the care and custody of said persons 

shall take into consideration the character of the quarters furnished, sanitary conditions, and quality of subsistence and may be 

such as will permit and encourage the proper authorities to provide 

reasonably decent, sanitary, and healthful quarters and subsistence 

for such persons. 

§ 4003. Federal institutions in States without appropriate facilities 

If by reason of the refusal or inability of the authorities having 

control of any jail, workhouse, penal, correctional, or other suitable 

institution of any State øor Territory,¿ or political subdivision 

thereof, to enter into a contract for the imprisonment, subsistence, 


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care, or proper employment of United States prisoners, or if there 

are no suitable or sufficient facilities available at reasonable cost, 

the Attorney General may select a site either within or convenient 

to the Stateø, Territory,¿ or judicial district concerned and cause 

to be erected thereon a house of detention, workhouse, jail, prisonindustries project, or camp, or other place of confinement, which 

shall be used for the detention of persons held under authority of 

any Act of Congress, and of such other persons as in the opinion 

of the Attorney General are proper subjects for confinement in such 

institutions. 

* * * * * * * 

§ 4013. Support of United States prisoners in non-Federal institutions 

(a) The Attorney General, in support of United States prisoners 

in non-Federal institutions, is authorized to make payments from 

funds appropriated for Federal prisoner detention for— 

(1) necessary clothing; 

(2) medical care and necessary guard hire; and 

(3) the housing, care, and security of persons held in custody 

of a United States marshal pursuant to Federal law under 

agreements with State or local units of government or contracts with private entities. 

(b) The Attorney General, in support of Federal prisoner detainees in non- Federal institutions, is authorized to make payments, 

from funds appropriated for State and local law enforcement assistance, for entering into contracts or cooperative agreements with 

any Stateø, territory,¿ or political subdivision thereof, for the necessary construction, physical renovation, acquisition of equipment, 

supplies, or materials required to establish acceptable conditions of 

confinement and detention services in any State or local jurisdiction which agrees to provide guaranteed bed space for Federal detainees within that correctional system, in accordance with regulations which are issued by the Attorney General and are comparable 

to the regulations issued under section 4006 of this title, except 

that— 

(1) amounts made available for purposes of this paragraph 

shall not exceed the average per-inmate cost of constructing 

similar confinement facilities for the Federal prison population, 

(2) the availability of such federally assisted facility shall be 

assured for housing Federal prisoners, and 

(3) the per diem rate charged for housing such Federal prisoners shall not exceed allowable costs or other conditions specified in the contract or cooperative agreement. 

(c)(1) The United States Marshals Service may designate districts that need additional support from private detention entities 

under subsection (a)(3) based on— 

(A) the number of Federal detainees in the district; and 

(B) the availability of appropriate Federal, State, and local 

government detention facilities. 

(2) In order to be eligible for a contract for the housing, care, and 

security of persons held in custody of the United States Marshals 

pursuant to Federal law and funding under subsection (a)(3), a private entity shall— 


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(A) be located in a district that has been designated as needing additional Federal detention facilities pursuant to paragraph (1); 

(B) meet the standards of the American Correctional Association; 

(C) comply with all applicable State and local laws and regulations; 

(D) have approved fire, security, escape, and riot plans; and 

(E) comply with any other regulations that the Marshals 

Service deems appropriate. 

(3) The United States Marshals Service shall provide an opportunity for public comment on a contract under subsection (a)(3). 

(d) HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL INSTITUTIONS.— 

(1) IN GENERAL.—Notwithstanding amounts paid under subsection (a)(3), a State or local government may assess and collect a reasonable fee from the trust fund account (or institutional equivalent) of a Federal prisoner for health care services, if— 

(A) the prisoner is confined in a non-Federal institution 

pursuant to an agreement between the Federal Government and the State or local government; 

(B) the fee— 

(i) is authorized under State law; and 

(ii) does not exceed the amount collected from State 

or local prisoners for the same services; and 

(C) the services— 

(i) are provided within or outside of the institution 

by a person who is licensed or certified under State 

law to provide health care services and who is operating within the scope of such license; 

(ii) constitute a health care visit within the meaning 

of section 4048(a)(4) of this title; and 

(iii) are not preventative health care services, emergency services, prenatal care, diagnosis or treatment 

of chronic infectious diseases, mental health care, or 

substance abuse treatment. 

(2) NO REFUSAL OF TREATMENT FOR FINANCIAL REASONS.— 

Nothing in this subsection may be construed to permit any refusal of treatment to a prisoner on the basis that— 

(A) the account of the prisoner is insolvent; or 

(B) the prisoner is otherwise unable to pay a fee assessed under this subsection. 

(3) NOTICE TO PRISONERS OF LAW.—Each person who is or becomes a prisoner shall be provided with written and oral notices of the provisions of this subsection and the applicability 

of this subsection to the prisoner. Notwithstanding any other 

provision of this subsection, a fee under this section may not 

be assessed against, or collected from, such person— 

(A) until the expiration of the 30-day period beginning 

on the date on which each prisoner in the prison system 

is provided with such notices; and 

(B) for services provided before the expiration of such period. 


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(4) NOTICE TO PRISONERS OF STATE OR LOCAL IMPLEMENTATION.—The implementation of this subsection by the State or 

local government, and any amendment to that implementation, 

shall not take effect until the expiration of the 30-day period 

beginning on the date on which each prisoner in the prison 

system is provided with written and oral notices of the provisions of that implementation (or amendment, as the case may 

be). A fee under this subsection may not be assessed against, 

or collected from, a prisoner pursuant to such implementation 

(or amendments, as the case may be) for services provided before the expiration of such period. 

(5) NOTICE BEFORE PUBLIC COMMENT PERIOD.—Before the beginning of any period a proposed implementation under this 

subsection is open to public comment, written and oral notice 

of the provisions of that proposed implementation shall be provided to groups that advocate on behalf of Federal prisoners 

and to each prisoner subject to such proposed implementation. 

(6) COMPREHENSIVE HIV/AIDS SERVICES REQUIRED.—Any 

State or local government assessing or collecting a fee under 

this subsection shall provide comprehensive coverage for services relating to human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) to each Federal 

prisoner in the custody of such State or local government when 

medically appropriate. The State or local government may not 

assess or collect a fee under this subsection for providing such 

coverage. 

* * * * * * * 

CHAPTER 306—TRANSFER TO OR FROM FOREIGN 

COUNTRIES 

* * * * * * * 

§ 4101. Definitions 

As used in this chapter the term— 

(a) ‘‘double criminality’’ means that at the time of transfer of 

an offender the offense for which he has been sentenced is still 

an offense in the transferring country and is also an offense in 

the receiving country. With regard to a country which has a 

federal form of government, an act shall be deemed to be an 

offense in that country if it is an offense under the federal laws 

or the laws of any state or province thereof; 

(b) ‘‘imprisonment’’ means a penalty imposed by a court 

under which the individual is confined to an institution; 

(c) ‘‘juvenile’’ means— 

(1) a person who is under eighteen years of age; or 

(2) for the purpose of proceedings and disposition under 

chapter 403 of this title because of an act of juvenile delinquency, a person who is under twenty-one years of age; 

(d) ‘‘juvenile delinquency’’ means— 

(1) a violation of the laws of the United States or a State 

thereof or of a foreign country committed by a juvenile 

which would have been a crime if committed by an adult; 

or 


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(2) noncriminal acts committed by a juvenile for which 

supervision or treatment by juvenile authorities of the 

United States, a State thereof, or of the foreign country 

concerned is authorized; 

(e) ‘‘offender’’ means a person who has been convicted of an 

offense or who has been adjudged to have committed an act of 

juvenile delinquency; 

(f) ‘‘parole’’ means any form of release of an offender from 

imprisonment to the community by a releasing authority prior 

to the expiration of his sentence, subject to conditions imposed 

by the releasing authority and to its supervision, including a 

term of supervised release pursuant to section 3583; 

(g) ‘‘probation’’ means any form of a sentence under which 

the offender is permitted to remain at liberty under supervision and subject to conditions for the breach of which a penalty of imprisonment may be ordered executed; 

(h) ‘‘sentence’’ means not only the penalty imposed but also 

the judgment of conviction in a criminal case or a judgment of 

acquittal in the same proceeding, or the adjudication of delinquency in a juvenile delinquency proceeding or dismissal of allegations of delinquency in the same proceedings; 

(i) ‘‘State’’ means any State of the United States, the District 

of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; 

ø(j) ‘‘transfer’’ means a transfer of an individual for the purpose of the execution in one country of a sentence imposed by 

the courts of another country; and¿ 

(k) ‘‘treaty’’ means a treaty under which an offender sentenced in the courts of one country may be transferred to the 

country of which he is a citizen or national for the purpose of 

serving the sentence. 

* * * * * * * 

PART IV—CORRECTION OF YOUTHFUL 

OFFENDERS 

* * * * * * * 

CHAPTER 401—GENERAL PROVISIONS 

* * * * * * * 

§ 5003. Custody of State offenders 

(a)(1) The Director of the Bureau of Prisons when proper and 

adequate facilities and personnel are available may contract with 

proper officials of a State øor territory¿, for the custody, care, subsistence, education, treatment, and training of persons convicted of 

criminal offenses in the courts of such State øor territory¿. (2) Any such contract shall provide— 

(A) for reimbursing the United States in full for all costs or 

expenses involved; 

(B) for receiving in exchange persons convicted of criminal 

offenses in the courts of the United States, to serve their sentence in appropriate institutions or facilities of the State øor 

territory¿ by designation as provided in section 4082(b) of this 


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title, this exchange to be made according to formulas or conditions which may be negotiated in the contract; or 

(C) for compensating the United States by means of a combination of monetary payment and of receipt of persons convicted of criminal offenses in the courts of the United States, 

according to formulas or conditions which may be negotiated in 

the contract. 

(3) No such contract shall provide for the receipt of more State 

øor territory¿ prisoners by the United States than are transferred 

to that State øor territory¿ by such contract. 

(b) Funds received under such contract may be deposited in the 

Treasury to the credit of the appropriation or appropriations from 

which the payments for such service were originally made. 

(c) Unless otherwise specifically provided in the contract, a person committed to the Attorney General hereunder shall be subject 

to all the provisions of law and regulations applicable to persons 

committed for violations of laws of the United States not inconsistent with the sentence imposed. 

ø(d) The term ‘‘State’’ as used in this section includes any State, 

territory, or possession of the United States, and the Canal Zone.¿ 

* * * * * * * 

CHAPTER 403—JUVENILE DELINQUENCY 

* * * * * * * 

§ 5032. Delinquency proceedings in district courts; transfer 

for criminal prosecution 

A juvenile alleged to have committed an act of juvenile delinquency, other than a violation of law committed within the special 

maritime and territorial jurisdiction of the United States for which 

the maximum authorized term of imprisonment does not exceed six 

months, shall not be proceeded against in any court of the United 

States unless the Attorney General, after investigation, certifies to 

the appropriate district court of the United States that (1) the juvenile court or other appropriate court of a State does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does 

not have available programs and services adequate for the needs 

of juveniles, or (3) the offense charged is a crime of violence that 

is a felony or an offense described in section 401 of the Controlled 

Substances Act (21 U.S.C. 841), or section 1002(a), 1003, 1005, 

1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import 

and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), 

section 922(x) or section 924(b), (g), or (h) of this title, and that 

there is a substantial Federal interest in the case or the offense to 

warrant the exercise of Federal jurisdiction. 

If the Attorney General does not so certify, such juvenile shall be 

surrendered to the appropriate legal authorities of such State. 

øøFor purposes of this section, the term ‘‘State’’ includes a State of 

the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.¿ 

If an alleged juvenile delinquent is not surrendered to the authorities of a State pursuant to this section, any proceedings 

against him shall be in an appropriate district court of the United 


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States. For such purposes, the court may be convened at any time 

and place within the district, in chambers or otherwise. The Attorney General shall proceed by information or as authorized under 

section 3401(g) of this title, and no criminal prosecution shall be instituted for the alleged act of juvenile delinquency except as provided below. 

A juvenile who is alleged to have committed an act of juvenile 

delinquency and who is not surrendered to State authorities shall 

be proceeded against under this chapter unless he has requested 

in writing upon advice of counsel to be proceeded against as an 

adult, except that, with respect to a juvenile fifteen years and older 

alleged to have committed an act after his fifteenth birthday which 

if committed by an adult would be a felony that is a crime of violence or an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 of the 

Controlled Substances Import and Export Act (21 U.S.C. 952(a), 

955, 959), or section 922(x) of this title, or in section 924(b), (g), or 

(h) of this title, criminal prosecution on the basis of the alleged act 

may be begun by motion to transfer of the Attorney General in the 

appropriate district court of the United States, if such court finds, 

after hearing, such transfer would be in the interest of justice. In 

the application of the preceding sentence, if the crime of violence 

is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if 

the juvenile possessed a firearm during the offense, section 2111, 

2113, 2241(a), or 2241(c), ‘‘thirteen’’ shall be substituted for ‘‘fifteen’’ and ‘‘thirteenth’’ shall be substituted for ‘‘fifteenth’’. Notwithstanding sections 1152 and 1153, no person subject to the criminal 

jurisdiction of an Indian tribal government shall be subject to the 

preceding sentence for any offense the Federal jurisdiction for 

which is predicated solely on Indian country (as defined in section 

1151), and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected 

that the preceding sentence have effect over land and persons subject to its criminal jurisdiction. However, a juvenile who is alleged 

to have committed an act after his sixteenth birthday which if committed by an adult would be a felony offense that has as an element thereof the use, attempted use, or threatened use of physical 

force against the person of another, or that, by its very nature, involves a substantial risk that physical force against the person of 

another may be used in committing the offense, or would be an offense described in section 32, 81, 844(d), (e), (f), (h), (i) or 2275 of 

this title, subsection (b)(1)(A), (B), or (C), (d), or (e) of section 401 

of the Controlled Substances Act, or section 1002(a), 1003, 1009, or 

1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), (3)), and who 

has previously been found guilty of an act which if committed by 

an adult would have been one of the offenses set forth in this paragraph or an offense in violation of a State felony statute that would 

have been such an offense if a circumstance giving rise to Federal 

jurisdiction had existed, shall be transferred to the appropriate district court of the United States for criminal prosecution. 

Evidence of the following factors shall be considered, and findings with regard to each factor shall be made in the record, in assessing whether a transfer would be in the interest of justice: the 

age and social background of the juvenile; the nature of the alleged 


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offense; the extent and nature of the juvenile’s prior delinquency 

record; the juvenile’s present intellectual development and psychological maturity; the nature of past treatment efforts and the juvenile’s response to such efforts; the availability of programs designed 

to treat the juvenile’s behavioral problems. In considering the nature of the offense, as required by this paragraph, the court shall 

consider the extent to which the juvenile played a leadership role 

in an organization, or otherwise influenced other persons to take 

part in criminal activities, involving the use or distribution of controlled substances or firearms. Such a factor, if found to exist, shall 

weigh in favor of a transfer to adult status, but the absence of this 

factor shall not preclude such a transfer. 

Reasonable notice of the transfer hearing shall be given to the 

juvenile, his parents, guardian, or custodian and to his counsel. 

The juvenile shall be assisted by counsel during the transfer hearing, and at every other critical stage of the proceedings. 

Once a juvenile has entered a plea of guilty or the proceeding has 

reached the stage that evidence has begun to be taken with respect 

to a crime or an alleged act of juvenile delinquency subsequent 

criminal prosecution or juvenile proceedings based upon such alleged act of delinquency shall be barred. 

Statements made by a juvenile prior to or during a transfer hearing under this section shall not be admissible at subsequent criminal prosecutions. 

Whenever a juvenile transferred to district court under this section is not convicted of the crime upon which the transfer was 

based or another crime which would have warranted transfer had 

the juvenile been initially charged with that crime, further proceedings concerning the juvenile shall be conducted pursuant to the 

provisions of this chapter. 

A juvenile shall not be transferred to adult prosecution nor shall 

a hearing be held under section 5037 (disposition after a finding of 

juvenile delinquency) until any prior juvenile court records of such 

juvenile have been received by the court, or the clerk of the juvenile court has certified in writing that the juvenile has no prior 

record, or that the juvenile’s record is unavailable and why it is unavailable. 

Whenever a juvenile is adjudged delinquent pursuant to the provisions of this chapter, the specific acts which the juvenile has been 

found to have committed shall be described as part of the official 

record of the proceedings and part of the juvenile’s official record. 

* * * * * * * 

TITLE 28, UNITED STATES CODE 

* * * * * * * 

PART II—DEPARTMENT OF JUSTICE 

* * * * * * * 

CHAPTER 31—THE ATTORNEY GENERAL 

Sec. 


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501. Executive department. 

* * * * * * * 

530E. Inventory and index of Federal criminal offenses. 

* * * * * * * 

§ 530E. Inventory and index of Federal criminal offenses 

The Attorney General shall— 

(1) develop, maintain, and keep up to date a current inventory and current subject matter index of all Federal criminal offenses, including violations of agency rules or regulations that 

by Federal statute constitute or define Federal criminal offenses; 

(2) design the inventory and index to which paragraph (1) refers to include the text of all Federal criminal offenses to which 

paragraph (1) refers and otherwise to maximize its usefulness 

to members of the public seeking to ensure their compliance 

with Federal criminal statutes and attorneys advising members 

of the public with respect to such compliance; and 

(3) beginning not later than one year after the date of enactment of this section, make available to the public at no charge, 

through the Internet and by such other means as the Attorney 

General determines appropriate, the inventory and index to 

which paragraph (1) refers. 

* * * * * * * 

Æ 


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