I 
110TH CONGRESS 
1ST SESSION H. R. 4128 
To modernize, shorten, and simplify the Federal criminal code. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 8, 2007 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To modernize, shorten, and simplify the Federal criminal 
code. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Criminal Code Mod-
ernization and Simplification Act of 2007’’. 
SEC. 2. REVISION OF PART I OF TITLE 18, UNITED STATES 
CODE. 
Part I of title 18, United States Code, is to read as 
follows: 
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‘‘PART I—GENERAL PROVISIONS AND 
OFFENSES 
‘‘Chapter 
Section 
‘‘1. Definitions ..............................................................................
‘‘3. Criminal responsibility ......................................................
‘‘5. Other general provisions ..................................................
‘‘10. Violent crimes against persons ....................................
101 
‘‘13. Sex crimes .............................................................................
201 
‘‘15. National security and related crimes ........................
261 
‘‘17. Drug crimes ..........................................................................
401 
‘‘19. Organized crime .................................................................
501 
‘‘21. Arson, firearms, explosives, and weapons crimes 
571 
‘‘23. Theft and related crimes ................................................
641 
‘‘25. Fraud and false statement crimes ...............................
771 
‘‘27. Crimes related to Federal Government respon-
sibilities .......................................................................
851 
‘‘29. Crimes related to protection of Government 
functions and integrity ..........................................
991 
‘‘31. International law crimes ................................................
1251 
‘‘33. Transportation related crimes .....................................
1301 
‘‘35. Regulatory crimes .............................................................
1371 
‘‘37. Privacy ...................................................................................
1481 
‘‘50. Forfeiture ..............................................................................
2501 
‘‘CHAPTER 1—DEFINITIONS 
‘‘Sec. 
‘‘1.
Definitions for title. 
‘‘§ 1. Definitions for title 
‘‘In this title, the following definitions apply unless otherwise 
provided: 
‘‘The term ‘agency’ means any department, inde-
pendent establishment, commission, administration, author-
ity, board, or bureau of the United States or any corpora-
tion 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. 
‘‘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 or sensory faculty; or 
‘‘(E) any other injury to the body, no matter how 
temporary. 
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‘‘The term ‘child’ means an individual who is less than 
18 years of age. 
‘‘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. 
‘‘The term ‘crime of violence’ means— 
‘‘(A) an offense that has as an element the use, at-
tempted 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. 
‘‘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 govern-
ment. 
‘‘The term ‘facility of interstate or foreign com-
merce’ includes a means of transportation and commu-
nication in or affecting interstate or foreign commerce; 
‘‘The term ‘Federal health care offense’ means a 
violation of— 
‘‘(A) section 656, 792, 806, or 1141; 
‘‘(B) section 504, 651, 653, 772, 782, 801, 803, or 
1017 if the violation relates to a health care benefit 
program. 
‘‘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 Fed-
eral Reserve including any Federal Reserve Bank; 
‘‘(C) a credit union with accounts insured by the Na-
tional Credit Union Administration; 
‘‘(D) a member of the Federal home loan bank sys-
tem and any home loan bank; 
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‘‘(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. 
‘‘The term ‘foreign commerce’ means commerce 
with a foreign country. 
‘‘The term ‘foreign government’except in sections 
102, 112, 121, 144, or 959, includes any government, fac-
tion, or body of insurgents within a country with which the 
United States is at peace, irrespective of recognition by the 
United States. 
‘‘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 pro-
vided to any individual, and includes any individual or enti-
ty who is providing a medical benefit, item, or service for 
which payment may be made under the plan or contract. 
‘‘The term ‘interstate commerce’ means commerce 
between two States. 
‘‘The term ‘national of the United States’ has the 
meaning given in section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22)). 
‘‘The term ‘national bank’ is synonymous with ‘na-
tional banking association’. 
‘‘The term ‘obligation or other security of any 
foreign government’ includes uncanceled stamps, 
whether or not demonetized. 
‘‘The term ‘organization’ means a person other than 
an individual. 
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‘‘The term ‘person’ and the term ‘whoever’, unless 
the context otherwise requires, include any entity capable 
of holding a legal or beneficial interest in property as well 
as an individual, and where used as a victim of an offense, 
includes a government. 
‘‘The term ‘petty offense’ means a Class B mis-
demeanor, 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. 
‘‘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. 
‘‘The term ‘serious bodily injury’ means— 
‘‘(A) bodily injury which involves— 
‘‘(i) a substantial risk of death or unconscious-
ness; 
‘‘(ii) extreme physical pain; 
‘‘(iii) protracted and obvious disfigurement; or 
‘‘(iv) protracted loss or impairment of the func-
tion of a bodily member, organ, or mental or sen-
sory faculty; or 
‘‘(B) conduct that, had it occurred in the special 
maritime or territorial jurisdiction of the United 
States, would have violated subchapter A of chapter 13. 
‘‘The term ‘special maritime and territorial ju-
risdiction of the United States’ means the fol-
lowing: 
‘‘(A) The high seas, any other waters within the ad-
miralty 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 cre-
ated by or under the laws of the United States, or of 
any State, Territory, District, or possession thereof, 
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when such vessel is within the admiralty and maritime 
jurisdiction of the United States and out of the juris-
diction 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 Inter-
national Boundary Line. 
‘‘(C) Any lands reserved or acquired for the use of 
the United States, and under the exclusive or concur-
rent jurisdiction thereof, or any place purchased or oth-
erwise 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 aircraft belonging in whole or in part to 
the United States, or any citizen thereof, or to any cor-
poration 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. 
‘‘(E) Any vehicle used or designed for flight or navi-
gation 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. 
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‘‘(F) Any place outside the jurisdiction of any nation 
with respect to an offense by or against a national of 
the United States. 
‘‘(G) 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 re-
spect to an offense committed by or against a national 
of the United States. 
‘‘(H) With respect to offenses committed by or 
against a national of the United States— 
‘‘(i) the premises of United States diplomatic, 
consular, military or other United States Govern-
ment missions or entities in foreign States, includ-
ing the buildings, parts of buildings, and land ap-
purtenant or ancillary thereto or used for purposes 
of those missions or entities, irrespective of owner-
ship; 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 as-
signed to those missions or entities. 
Nothing in clause (ii) supersedes any treaty or inter-
national agreement. Clause (ii) does not apply with re-
spect to an offense committed by a person described in 
section 3261(a). 
‘‘The term ‘State’ means a State of the United States, 
the District of Columbia, or any commonwealth, territory, 
or possession of the United States. 
‘‘The term ‘substantial bodily injury’ means bod-
ily 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 
or sensory faculty. 
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‘‘The term ‘United States’, unless the context other-
wise requires, includes all places and waters, continental or 
insular, subject to the jurisdiction of the United States. 
‘‘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. 
‘‘CHAPTER 3—CRIMINAL RESPONSIBILITY 
‘‘Sec. 
‘‘2.
Principals. 
‘‘3.
Accessory after the fact. 
‘‘4.
Misprision of felony. 
‘‘5.
Conspiracy. 
‘‘6.
Attempt. 
‘‘7.
Solicitation to commit a crime of violence. 
‘‘§ 2. Principals 
‘‘(a) GENERALLY.—Whoever commits an offense against the 
United States or aids, abets, counsels, commands, induces, or 
procures its commission, is punishable as a principal. 
‘‘(b) FOR CONDUCT
OF OTHERS.—Whoever intentionally 
causes conduct by another that is an offense against the United 
States, is punishable as a principal for that offense. 
‘‘§ 3. Accessory after the fact 
‘‘(a) OFFENSE.—Whoever, knowing that an offense against 
the United States has been committed, receives, relieves, com-
forts, or assists the offender in order to hinder or prevent his 
apprehension, trial, or punishment, is an accessory after the 
fact. 
‘‘(b) PUNISHMENT.—Except as otherwise expressly provided 
by Act of Congress, an accessory after the fact shall be impris-
oned not more than one-half the maximum term of imprison-
ment 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. 
‘‘§ 4. Misprision of felony 
‘‘Whoever, having knowledge of the actual commission of a 
felony offense against the United States, conceals and does not 
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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 imprisoned not more than three years. 
‘‘§ 5. Conspiracy 
‘‘Unless otherwise provided by law, if two or more persons 
conspire to commit any offense against the United States, and 
one or more of such persons do any act to effect the object of 
the conspiracy, each shall be punished for the offense which is 
the object of the conspiracy. 
‘‘§ 6. Attempt 
‘‘(a) GENERAL RULE.—Unless otherwise provided by law, 
whoever attempts to commit an offense shall be punished as is 
provided for the completed offense. 
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to any 
provision that specifically exempts itself from the application of 
this section. 
‘‘§ 7. Solicitation to commit a crime of violence 
‘‘(a) OFFENSE.—Whoever, with intent that another person 
engage in a Federal offense that is a felony crime of violence 
and under circumstances strongly corroborative of that intent, 
solicits such other person to engage in that offense, shall be im-
prisoned not more than one-half the maximum term of impris-
onment or (notwithstanding section 3571) fined not more than 
one-half of the maximum fine prescribed for the punishment of 
the crime solicited, or both; or if the crime solicited is punish-
able by life imprisonment or death, shall be imprisoned for not 
more than 20 years. 
‘‘(b) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
to a prosecution under this section that, under circumstances 
manifesting a voluntary and complete renunciation of his crimi-
nal intent, the defendant prevented the commission of the 
crime solicited. A renunciation is not ‘voluntary and complete’ 
if it is motivated in whole or in part by a decision to postpone 
the commission of the crime until another time or to substitute 
another victim or another but similar objective. 
‘‘(c) LIMITATION ON DEFENSES.—It is not a defense to a 
prosecution under this section that the person solicited could 
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not be convicted of the crime because that person lacked the 
state of mind required for its commission, was incompetent or 
irresponsible, or is immune from prosecution, or not subject to, 
prosecution. 
‘‘CHAPTER 5—OTHER GENERAL PROVISIONS 
‘‘Subchapter 
Sec. 
‘‘A. Defenses ..................................................................................
‘‘B. General rules pertaining to criminal offenses .........
‘‘SUBCHAPTER A—DEFENSES 
‘‘Sec. 
‘‘21.
Affirmative defenses. 
‘‘22.
Insanity defense. 
‘‘§21. Affirmative defenses 
‘‘If a provision of law provides an affirmative defense to a 
prosecution for an offense, the defendant must prove the ele-
ments of that defense by a preponderance of the evidence. 
‘‘§ 22. Insanity defense 
‘‘(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
to a prosecution under any Federal statute that, at the time 
of the commission of the acts constituting the offense, the de-
fendant, 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 con-
stitute a defense. 
‘‘(b) BURDEN OF PROOF.—The defendant has the burden of 
proving the defense of insanity by clear and convincing evi-
dence. 
‘‘SUBCHAPTER B—GENERAL RULES PERTAINING TO 
CRIMINAL OFFENSES 
‘‘Sec. 
‘‘31. Non-preemption. 
‘‘§ 31. Non-preemption 
‘‘The existence of a Federal criminal offense does not pre-
clude the application of a State or local law to the conduct pro-
scribed by the offense, unless the law specifically so provides 
or the State or local law requires conduct constituting the Fed-
eral criminal offense. 
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‘‘CHAPTER 10—VIOLENT CRIMES AGAINST 
PERSONS 
‘‘Subchapter 
Sec. 
‘‘A. Homicide .................................................................................
101 
‘‘B. Assault and related offenses ...........................................
111 
‘‘C. Kidnapping ............................................................................
121 
‘‘D. Threats against specially protected persons ...........
131 
‘‘E. Definitions and general provisions for sub-
chapters A through D .............................................
136 
‘‘F. Robbery, extortion, and threats ....................................
141 
‘‘G. Extortionate credit transactions ..................................
155 
‘‘H. Domestic violence ...............................................................
161 
‘‘I. Protection of unborn children ........................................
171 
‘‘SUBCHAPTER A—HOMICIDE 
‘‘Sec. 
‘‘101.
Homicide. 
‘‘102.
Federally punishable homicides. 
‘‘103.
Penalties for murders punishable under section 102; attempts and 
conspiracies. 
‘‘104.
Penalties for manslaughters punishable under section 102; attempts. 
‘‘105.
Misconduct or neglect of ship officers. 
‘‘§ 101. Homicide 
‘‘Unless otherwise provided by Act of Congress, if a Federal 
law makes the killing of a human being an offense, the fol-
lowing categories shall apply with respect to that offense: 
‘‘(1) MURDER.— 
‘‘(A) ELEMENTS OF OFFENSE.—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 kill-
ing; or committed in the perpetration of, or attempt to per-
petrate, any arson, escape, murder, kidnapping, treason, es-
pionage, 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 un-
lawfully 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) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘assault’ means conduct that consists 
an assault as described in section 111; 
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‘‘(ii) the term ‘child’ means a child who is under the 
perpetrator’s care or control or at least six years 
younger than the perpetrator; 
‘‘(iii) the term ‘child abuse’ means intentionally caus-
ing death or serious bodily injury to a child; 
‘‘(iv) the term ‘pattern or practice of assault or tor-
ture’ means assault or torture engaged in on at least 
two occasions; and 
‘‘(v) the term ‘torture’ means conduct, whether or 
not committed under the color of law, that otherwise 
satisfies the definition of that term set forth in section 
1293. 
‘‘(2) MANSLAUGHTER.—Manslaughter is the unlawful killing 
of a human being without malice. It is of two kinds: 
‘‘(A) VOLUNTARY.—Upon a sudden quarrel or heat of 
passion. 
‘‘(B) INVOLUNTARY.—In the commission of an unlawful 
act not amounting to a felony, or in the commission in an 
unlawful manner, or without due caution and circumspec-
tion, of a lawful act which might produce death. 
‘‘§ 102. Federally punishable homicides 
‘‘In addition to any other homicides made punishable by law, 
the following are Federal offenses: 
‘‘(1) SPECIAL
MARITIME
AND
TERRITORIAL
JURISDIC-
TION.—A killing in the special maritime and territorial ju-
risdiction of the United States. 
‘‘(2) OFFICERS AND EMPLOYEES AND FORMER OFFICERS 
AND EMPLOYEES OF THE UNITED STATES.—A killing of 
any officer or employee, or any former officer or employee, 
of the United States or of any agency in any branch of the 
United States Government (including any member of the 
uniformed services) while such officer or employee is en-
gaged in or on account of the performance of official du-
ties, or any individual assisting such an officer or employee 
in the performance of such duties or on account of that as-
sistance. 
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‘‘(3) FAMILY MEMBERS OF OFFICERS AND EMPLOYEES 
AND FORMER OFFICERS AND EMPLOYEES OF THE UNITED 
STATES.—A killing, with the intent to impede, intimidate, 
or interfere with an individual described in paragraph (2) 
while that individual is engaged in the performance of offi-
cial duties, or with intent to retaliate against such indi-
vidual on account of the performance of official duties of 
that individual, of a member of that indvidual’s family. 
‘‘(4) FOREIGN
OFFICIALS, 
OFFICIAL
GUESTS, 
AND 
INTERNATIONALLY PROTECTED PERSONS.—A killing of a 
foreign official, official guest, or internationally protected 
person. 
‘‘(5) BY NATIONAL OF THE UNITED STATES ABROAD.— 
A killing, by a national of the United States, of a national 
of the United States while the victim is outside the United 
States but within the jurisdiction of another country. 
‘‘(6) KILLINGS BY ESCAPED PRISONERS.—A killing of a 
person by an individual who has escaped from a Federal 
correctional institution where the individual was confined 
under a sentence for a term of life imprisonment. 
‘‘(7) CONGRESSIONAL, CABINET, AND SUPREME COURT 
ASSASSINATION.—A killing of an individual who is a Mem-
ber of Congress or a Member-of-Congress-elect, a member 
of the executive branch of the Government who is the head, 
or a person nominated to be head during the pendency of 
such nomination, of a department listed in section 101 of 
title 5 or the second ranking official in such department, 
the Director (or a person nominated to be Director during 
the pendency of such nomination) or Deputy Director of 
Central Intelligence, or a Justice of the United States, as 
defined in section 451 of title 28, or a person nominated 
to be a Justice of the United States, during the pendency 
of such nomination. 
‘‘(8) PRESIDENTIAL AND PRESIDENTIAL STAFF ASSAS-
SINATION.—A killing of an individual who is— 
‘‘(A) the President of the United States, the Presi-
dent-elect, the Vice President, or, if there is no Vice 
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President, the officer next in the order of succession to 
the Office of the President of the United States, the 
Vice President-elect, or any person who is acting as 
President under the Constitution and laws of the 
United States; 
‘‘(B) a major Presidential or Vice Presidential can-
didate (as defined in section 3056 of this title); or 
‘‘(C) a person appointed under section 105(a)(2)(A) 
of title 3 employed in the Executive Office of the Presi-
dent or appointed under section 106(a)(1)(A) of title 3 
employed in the Office of the Vice President. 
‘‘(9) OF NATIONAL ABROAD.—The killing of an indi-
vidual outside the United States who is a national of the 
United States. 
‘‘(10) KILLINGS BY PRISONER.—The killing of another 
by a person confined under a sentence of life imprisonment 
in a Federal correctional facility. 
‘‘§ 103. Penalties for murders punishable under 
section 102; attempts and conspiracies 
‘‘(a) MURDER.—A murder that is an offense under section 
102 is punishable by— 
‘‘(1) death or imprisonment for life for first degree mur-
der; and 
‘‘(2) imprisonment for any term of years or for life for 
second degree murder. 
‘‘(b) ATTEMPTED MURDER.— 
‘‘(1) GENERALLY.—Except as provided in paragraph (2), 
whoever attempts to commit a murder that is an offense 
under section 102 shall be imprisoned not more than 20 
years. 
‘‘(2) SPECIAL RULE RELATING TO CONGRESSIONAL, CAB-
INET, AND SUPREME COURT ASSASSINATIONS AND PRESI-
DENTIAL AND PRESIDENTIAL STAFF ASSASSINATIONS.—If 
the offense attempted is against an individual described in 
paragraph (9) or (10) of section 102 the penalty is impris-
onment for any term of years or for life. 
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‘‘(c) CONSPIRACY TO MURDER.—If two or more persons con-
spire to commit an offense under section 102 and one or more 
of such persons do any overt act to effect the object of the con-
spiracy, each shall be punished by imprisonment for any term 
of years or for life, but in the case of a conspiracy to commit 
an offense against a individual described in paragraph (9) or 
(10) of section 102, if death results to the individual whose kill-
ing was the object of the conspiracy, the penalty is death or 
imprisonment for any term of years or for life. 
‘‘§ 104. Penalties for manslaughters punishable 
under section 102; attempts 
‘‘(a) PENALTY FOR MANSLAUGHTER.—A manslaughter that 
is an offense under section 102 is punishable by— 
‘‘(1) imprisonment for not more than ten years, for vol-
untary manslaughter; and 
‘‘(2) imprisonment for not more than six years, for invol-
untary manslaughter. 
‘‘(b) ATTEMPTED MANSLAUGHTER.—Whoever attempts to 
commit a manslaughter that would be punishable under section 
102 shall be imprisoned not more than 7 years. 
‘‘§ 105. Misconduct or neglect of ship officers 
‘‘(a) OFFICERS.—Every captain, engineer, pilot, or other 
person employed on any steamboat or vessel, by whose mis-
conduct, negligence, or inattention to his duties on such vessel 
the life of any person is destroyed, and every owner, charterer, 
inspector, or other public officer, through whose fraud, neglect, 
connivance, misconduct, or violation of law the life of any per-
son is destroyed, shall be imprisoned not more than ten years. 
‘‘(b) OWNERS.—When the owner or charterer of any steam-
boat or vessel is a corporation, any executive officer of such 
corporation, for the time being actually charged with the con-
trol and management of the operation, equipment, or naviga-
tion of such steamboat or vessel, who has knowingly and will-
fully caused or allowed such fraud, neglect, connivance, mis-
conduct, or violation of law, by which the life of any person is 
destroyed, shall be imprisoned not more than ten years. 
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‘‘SUBCHAPTER B—ASSAULT AND RELATED 
OFFENSES 
‘‘Sec. 
‘‘111.
Assault. 
‘‘112.
Individuals federally protected from assault. 
‘‘113.
Interference with Federal officers and employees. 
‘‘114.
Domestic assault by an habitual offender. 
‘‘§ 111. Assault 
‘‘Unless otherwise provided by Act of Congress, if a Federal 
law prohibits an assault against an individual, the following 
punishments shall apply with respect to that offense: 
‘‘(1) Assault with intent to commit murder, a felony 
under subchapter (A) of chapter 10, or with intent to 
maim, disfigure, or torture, by imprisonment for not more 
than 20 years. 
‘‘(2) Assault with intent to commit any felony, except 
murder or a felony under subchapter (A) of chapter 10, by 
imprisonment for not more than ten years. 
‘‘(3) Assault with a dangerous weapon, with intent to do 
bodily harm, and without just cause or excuse, by imprison-
ment for not more than ten years. 
‘‘(4) Assault resulting in serious bodily injury, by impris-
onment for not more than ten years. 
‘‘(5) Assault resulting in substantial bodily injury to an 
individual who has not attained the age of 16 years, by im-
prisonment for not more than 5 years. 
‘‘(6) Assault by striking, beating, or wounding, by im-
prisonment for not more than six months. 
‘‘(7) Simple assault, by imprisonment for not more than 
six months, or if the victim of the assault is an individual 
who has not attained the age of 16 years, by imprisonment 
for not more than 1 year. 
‘‘§ 112. Individuals federally protected from as-
sault 
‘‘It is an offense to assault any individual whose killing is 
a Federal offense under section 102. 
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‘‘§ 113. Interference with Federal officers and em-
ployees 
‘‘Whoever interferes with any officer or employee of the 
United States or of any agency in any branch of the United 
States Government (including any member of the uniformed 
services) while such officer or employee is engaged in or on ac-
count of the performance of official duties, or any individual as-
sisting such an officer or employee in the performance of such 
duties or on account of that assistance while that person is en-
gaged in, or on account of, the performance, official duties 
shall be imprisoned not more than one year. 
‘‘§ 114. Domestic assault by an habitual offender 
‘‘(a) IN GENERAL.—Any person who commits a domestic as-
sault within the special maritime and territorial jurisdiction of 
the United States or Indian country and who has a final con-
viction on at least 2 separate prior occasions in Federal, State, 
or Indian tribal court proceedings for offenses that would be, 
if subject to Federal jurisdiction— 
‘‘(1) any assault, sexual abuse, or serious violent felony 
against a spouse or intimate partner; or 
‘‘(2) an offense under chapter 110A, 
shall be imprisoned for a term of not more than 5 years, but 
if substantial bodily injury results from the offense under this 
section, the offender shall be imprisoned for a term of not more 
than 10 years. 
‘‘(b) DOMESTIC ASSAULT DEFINED.—In this section, the 
term ‘domestic assault’ means an assault committed by a cur-
rent or former spouse, parent, child, or guardian of the victim, 
by a person with whom the victim shares a child in common, 
by a person who is cohabitating with or has cohabitated with 
the victim as a spouse, parent, child, or guardian, or by a per-
son similarly situated to a spouse, parent, child, or guardian 
of the victim. 
‘‘SUBCHAPTER C—KIDNAPPING 
‘‘Sec. 
‘‘121.
Kidnapping. 
‘‘122.
Ransom money. 
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‘‘123.
Hostage taking. 
‘‘124.
International parental kidnapping. 
‘‘§ 121. Kidnapping 
‘‘(a) BASIC OFFENSE.—Except in the case of a child by the 
parent thereof, whoever, as made applicable by subsection (b), 
kidnaps an individual shall be imprisoned any term of years or 
for life and, if death results to any individual, shall be punished 
by death or life imprisonment. 
‘‘(b) CIRCUMSTANCES REQUIRED.—Subsection (a) applies 
if— 
‘‘(1) the victim or the victim’s body is transported in 
interstate or foreign commerce, regardless of whether the 
victim was alive when transported across a State boundary 
if the victim was alive when the transportation began; or 
‘‘(2) the victim is an individual whose killing is a Federal 
offense under section 102. 
‘‘(c) PRESUMPTION.—With respect to a violation of sub-
section (a), based on the circumstance described in subsection 
(b)(1), the failure to release the victim within 24 hours after 
the victim was kidnapped creates a rebuttable presumption that 
the victim has been transported in interstate or foreign com-
merce. However, the fact that the presumption under this sec-
tion has not yet taken effect does not preclude a Federal inves-
tigation of a possible violation of this section. 
‘‘(d) CONSPIRACY PENALTY.—If two or more persons con-
spire to violate subsection (a) and one or more of such persons 
do any overt act to effect the object of the conspiracy, each 
shall be punished by imprisonment for any term of years or for 
life. If the individual whose kidnapping was the object of the 
conspiracy is an individual listed in paragraph (9) or (10) of 
section 102, the death penalty may be imposed if death results. 
‘‘(e) ATTEMPTS.—Whoever attempts to violate subsection (a) 
shall be punished by imprisonment for not more than 20 years 
but if the individual whose kidnapping was attempted is de-
scribed in paragraph (9) or (10) of section 102, the offender 
shall be imprisoned for any term of years or for life. 
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‘‘(f) SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING 
CHILDREN.—If the victim of an offense under this section is 
a child and the offender— 
‘‘(1) is not a child; and 
‘‘(2) is not— 
‘‘(A) a parent; 
‘‘(B) a grandparent; 
‘‘(C) a brother; 
‘‘(D) a sister; 
‘‘(E) an aunt; 
‘‘(F) an uncle; or 
‘‘(G) an individual having legal custody of the victim; 
the sentence under this section for such offense shall include 
imprisonment for not less than 20 years. 
‘‘(g) DEFINITION FOR SECTION.—As used in this section, 
the term ‘parent’ does not include a person whose parental 
rights with respect to the victim of an offense under this sec-
tion have been terminated by a final court order. 
‘‘§ 122. Ransom money 
‘‘(a) FEDERAL.—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 121, knowing it to be such, shall be 
imprisoned not more than ten years. 
‘‘(b) STATE.— Whoever 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 ob-
tained, shall be imprisoned not more than 10 years. 
‘‘§ 123. Hostage taking 
‘‘(a) OFFENSE.—Except as provided in subsection (b) of this 
section, whoever, whether inside or outside the United States, 
seizes or detains and threatens to kill, to injure, or to continue 
to detain another person in order to compel a third person or 
a governmental organization to do or abstain from doing any 
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act as an explicit or implicit condition for the release of the 
person detained, or attempts or conspires to do so, shall be 
punished by imprisonment for any term of years or for life and, 
if the death of any person results, shall be punished by death 
or life imprisonment. 
‘‘(b) EXCLUSIONS.— 
‘‘(1) It is not an offense under this section if the conduct 
required for the offense occurred outside the United States 
unless— 
‘‘(A) the offender or the person seized or detained is 
a national of the United States; 
‘‘(B) the offender is found in the United States; or 
‘‘(C) the governmental organization sought to be 
compelled is the Government of the United States. 
‘‘(2) It is not an offense under this section if the conduct 
required for the offense occurred inside the United States, 
each alleged offender and each person seized or detained 
are nationals of the United States, and each alleged of-
fender is found in the United States, unless the govern-
mental organization sought to be compelled is the Govern-
ment of the United States. 
‘‘§ 124. International parental kidnapping 
‘‘(a) OFFENSE.—Whoever removes a child from the United 
States, or attempts to do so, or retains a child (who has been 
in the United States) outside the United States with intent to 
obstruct the lawful exercise of parental rights shall be impris-
oned not more than 3 years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘child’ means a person who has not at-
tained the age of 16 years; and 
‘‘(2) the term ‘parental rights’, with respect to a child, 
means the right to physical custody of the child— 
‘‘(A) whether joint or sole (and includes visiting 
rights); and 
‘‘(B) whether arising by operation of law, court 
order, or legally binding agreement of the parties. 
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‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
under this section that— 
‘‘(1) the defendant acted within the provisions of a valid 
court order granting the defendant legal custody or visita-
tion rights and that order was obtained pursuant to the 
Uniform Child Custody Jurisdiction Act or the Uniform 
Child Custody Jurisdiction and Enforcement Act and was 
in effect at the time of the offense; 
‘‘(2) the defendant was fleeing an incidence or pattern 
of domestic violence; or 
‘‘(3) the defendant had physical custody of the child pur-
suant to a court order granting legal custody or visitation 
rights and failed to return the child as a result of cir-
cumstances beyond the defendant’s control, and the defend-
ant notified or made reasonable attempts to notify the 
other parent or lawful custodian of the child of such cir-
cumstances within 24 hours after the visitation period had 
expired and returned the child as soon as possible. 
‘‘(d) EFFECT ON HAGUE CONVENTION.—This section does 
not limit The Hague Convention on the Civil Aspects of Inter-
national Parental Child Abduction, done at The Hague on Oc-
tober 25, 1980. 
‘‘SUBCHAPTER D—THREATS AGAINST SPECIALLY 
PROTECTED PERSONS 
‘‘Sec. 
‘‘131. Threats against officers or employees of the United States, and other 
specially protected persons. 
‘‘§ 131. Threats against officers or employees of 
the United States, and other specially pro-
tected persons 
‘‘Whoever threatens to kill, kidnap, or inflict bodily harm 
upon— 
‘‘(1) an individual described in paragraph (2) or (3) of 
section 102 on account of the performance of official du-
ties; 
‘‘(2) an individual described in paragraph (4), (7), or (8) 
of section 102; 
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‘‘(3) a former President of the United States; 
‘‘(4) a member of the immediate family of the President, 
the President-elect, the Vice President, or the Vice Presi-
dent-elect; 
‘‘(5) a major candidate for the office of President or Vice 
President, or a member of the immediate family of such 
candidate; or 
‘‘(6) a person protected by the Secret Service under sec-
tion 3056(a)(6); 
shall be imprisoned not more than 10 years. 
‘‘SUBCHAPTER E—DEFINITIONS AND GENERAL 
PROVISIONS FOR SUBCHAPTERS A THROUGH D 
‘‘Sec. 
‘‘136.
Definitions for subchapters A through D. 
‘‘137.
Special rules relating to offenses against certain types of victims. 
‘‘§ 136. Definitions for subchapters A through D 
‘‘Unless otherwise provided, in subchapters A through D, the 
following definitions apply: 
‘‘(1) The term ‘family’ with respect to an individual, 
means— 
‘‘(A) a spouse, parent, brother or sister, child, or 
person to whom the individual stands in loco parentis; 
or 
‘‘(B) any other person living in the individual’s 
household and related to the individual by blood or 
marriage. 
‘‘(2) The term ‘foreign government’ means the govern-
ment of a foreign country, irrespective of recognition by the 
United States. 
‘‘(3) The term ‘foreign official’ means— 
‘‘(A) a Chief of State or the political equivalent, 
President, Vice President, Prime Minister, Ambas-
sador, Foreign Minister, or other officer of Cabinet 
rank or above of a foreign government or the chief ex-
ecutive officer of an international organization, or any 
person who has previously served in such capacity, and 
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any member of his family, while in the United States; 
or 
‘‘(B) any person of a foreign nationality who is duly 
notified to the United States as an officer or employee 
of a foreign government or international organization, 
and who is in the United States on official business, 
and any member of that person’s family whose presence 
in the United States is in connection with the presence 
of such officer or employee. 
‘‘(4) The term ‘internationally protected person’ means 
an individual who is— 
‘‘(A) a Chief of State or the political equivalent, head 
of government, or Foreign Minister whenever such per-
son is in a country other than his own and any member 
of that individual’s family accompanying that indi-
vidual; or 
‘‘(B) any other representative, officer, employee, or 
agent of the United States Government, a foreign gov-
ernment, or international organization who at the time 
and place concerned is entitled pursuant to inter-
national law to special protection against attack upon 
his person, freedom, or dignity, and any member of 
that individual’s family then forming part of his house-
hold. 
‘‘(5) The term ‘international organization’ means a pub-
lic 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 pur-
suant 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. 
‘‘(6) The term ‘official guest’ means a citizen or national 
of a foreign country present in the United States as an of-
ficial guest of the Government of the United States pursu-
ant to designation as such by the Secretary of State. 
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‘‘(7) The terms ‘President-elect’ and ‘Vice President- 
elect’ mean those persons who are the apparently successful 
candidates for the offices of President and Vice President, 
respectively, as ascertained from the result of the general 
elections held to determine the electors of President and 
Vice President under sections 1 and 2 of title 3. 
‘‘§ 137. Special rules relating to offenses against 
certain types of victims 
‘‘(a) EXTRATERRITORIAL JURISDICTION.— 
‘‘(1) PRESIDENTIAL
AND
CONGRESSIONAL
VICTIMS.— 
There is extraterritorial jurisdiction over an offense under 
any of subchapters A through D against a victim described 
in paragraph (9) or (10) of section 102. 
‘‘(2) INTERNATIONALLY
PROTECTED
PERSONS.—There is 
extraterritorial jurisdiction over an offense under any of sub-
chapters A through D the victim of which is an internationally 
protected person outside the United States, if— 
‘‘(A) the victim is a representative, officer, employee, 
or agent of the United States; 
‘‘(B) an offender is a national of the United States; 
or 
‘‘(C) an offender is afterwards found in the United 
States. 
‘‘(b) USE OF MILITARY WITH RESPECT TO CERTAIN OF-
FENSES.—With respect to an offense under this chapter, or an 
attempt or conspiracy to commit such an offense, if an element 
of the offense is that the victim be individual described in para-
graph (9) or (10) of section 102, a foreign official, an inter-
nationally protected person, or an official guest, the Attorney 
General may request assistance from any Federal, State, or 
local agency, including the Army, Navy, and Air Force. 
‘‘(c) SPECIAL PROVISIONS RELATING TO OFFENSES INVOLV-
ING PRESIDENTIAL OR CONGRESSIONAL VICTIMS.—With re-
spect to an offense under paragraph (9) or (10) of section 
102— 
‘‘(1) if Federal investigative or prosecutive jurisdiction is 
asserted, that assertion suspends the exercise of jurisdic-
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tion by a State or local authority, under any applicable 
State or local law, until Federal action is terminated; 
‘‘(2) the Federal Bureau of Investigation shall have in-
vestigative authority; and 
‘‘(3) in a prosecution, the Government need not prove 
that the defendant knew that the victim of the offense was 
an individual who is protected by that paragraph. 
‘‘(d) APPROVAL REQUIRED FOR PROSECUTIONS RELATING 
TO UNITED STATES NATIONALS KILLED OVERSEAS.— 
‘‘(1) APPROVAL REQUIRED.—No prosecution may be in-
stituted against any person under section 101(a)(5) except 
upon the written approval of the Attorney General, the 
Deputy Attorney General, or an Assistant Attorney Gen-
eral, which function of approving prosecutions may not be 
delegated. No prosecution shall be approved if prosecution 
has been previously undertaken by a foreign country for the 
same conduct. 
‘‘(2) BASIS FOR APPROVAL.—No prosecution shall be ap-
proved under this subsection unless the Attorney General, 
in consultation with the Secretary of State, determines that 
the conduct took place in a country in which the person is 
no longer present, and the country lacks the ability to law-
fully secure the person’s return. A determination by the At-
torney General under this paragraph is not subject to judi-
cial review. 
‘‘(e) CERTIFICATION OF TERRORISM RELATION REQUIRED 
FOR CERTAIN PROSECUTIONS RELATING TO KILLING OR AT-
TACKING NATIONALS OF THE UNITED STATES ABROAD.—No 
prosecution for any offense described in section 102(11) or 116 
shall be undertaken by the United States except on written cer-
tification of the Attorney General or the highest ranking subor-
dinate of the Attorney General with responsibility for criminal 
prosecutions that, in the judgment of the certifying official, 
such offense was intended to coerce, intimidate, or retaliate 
against a government or a civilian population. 
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‘‘SUBCHAPTER F—ROBBERY, EXTORTION, AND 
RELATED THREATS 
‘‘Sec. 
‘‘141.
Robbery in special maritime and territorial jurisdiction. 
‘‘142.
Robbery of personal property of United States. 
‘‘143.
Bank robbery and incidental crimes. 
‘‘144.
Communication of ransom demands and other threatening commu-
nications in or affecting commerce. 
‘‘145.
Extortion by officers or employees of the United States. 
‘‘146.
Receiving the proceeds of extortion. 
‘‘§ 141. Robbery in special maritime and terri-
torial jurisdiction 
‘‘Whoever, within the special maritime and territorial juris-
diction of the United States, by force and violence, or by in-
timidation, takes or attempts to take from the person or pres-
ence of another anything of value, shall be imprisoned not more 
than 15 years. 
‘‘§ 142. Robbery of personal property of United 
States 
‘‘Whoever robs or attempts to rob another of any kind or de-
scription of personal property belonging to the United States, 
shall be imprisoned not more than 15 years. 
‘‘§ 143. Bank robbery and incidental crimes 
‘‘(a) AGGRAVATED OFFENSE.—Whoever— 
‘‘(1) by force and violence, or by intimidation, takes, or 
attempts to take, from the person or presence of another, 
or obtains or attempts to obtain by extortion any property 
or money or any other thing of value belonging to, or in 
the care, custody, control, management, or possession of, 
any bank, credit union, or any savings and loan association; 
or 
‘‘(2) enters or attempts to enter any bank, credit union, 
or any savings and loan association, or any building used 
in whole or in part as a bank, credit union, or as a savings 
and loan association, with intent to commit in such bank, 
credit union, or in such savings and loan association, or 
building, or part thereof, so used, any felony affecting such 
bank, credit union, or such savings and loan association 
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and in violation of any statute of the United States, or any 
larceny; 
shall be imprisoned not more than 20 years. 
‘‘(b) TAKING AND CARRYING AWAY PROPERTY OVER $1,000 
IN VALUE.—Whoever takes and carries away, with intent to 
steal or purloin any property or money or any other thing of 
value exceeding $1,000 belonging to, or in the care, custody, 
control, management, or possession of any bank, credit union, 
or any savings and loan association, shall be fined under this 
title or imprisoned not more than ten years, or both. 
‘‘(c) TAKING AND CARRYING AWAY PROPERTY OF $1,000 OR 
LESS IN VALUE.—Whoever takes and carries away, with intent 
to steal or purloin, any property or money or any other thing 
of value not exceeding $1,000 belonging to, or in the care, cus-
tody, control, management, or possession of any bank, credit 
union, or any savings and loan association, shall be fined under 
this title or imprisoned not more than one year, or both. 
‘‘(c) RECEIVING STOLEN BANK PROPERTY.—Whoever re-
ceives, possesses, conceals, stores, barters, sells, or disposes of, 
any property or money or other thing of value which has been 
taken or stolen from a bank, credit union, or savings and loan 
association in violation of subsection (b) or (c), knowing the 
same to be property which has been stolen shall be subject to 
the punishment provided in subsection (b) or (c) for the taker. 
‘‘(d) ASSAULTING PERSON
OR PLACING LIFE
IN JEOP-
ARDY.—Whoever, in committing, or in attempting to commit, 
any offense defined in subsections (a) through (c), assaults any 
person, or puts in jeopardy the life of any person by the use 
of a dangerous weapon or device, shall be imprisoned not more 
than 25 years. 
‘‘(e) KILLING
AND KIDNAPING.—Whoever, in committing 
any offense defined in this section, or in avoiding or attempting 
to avoid apprehension for the commission of such offense, or 
in freeing himself or attempting to free himself from arrest or 
confinement for such offense, kills any person, or forces any 
person to accompany him without the consent of such person, 
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shall be imprisoned not less than ten years, or if death results 
shall be punished by death or life imprisonment. 
‘‘(f) DEFINITIONS.— As used in this section— 
‘‘(1) the term ‘bank’ means any member bank of the 
Federal Reserve System, and any bank, banking associa-
tion, trust company, savings bank, or other banking institu-
tion organized or operating under the laws of the United 
States, including a branch or agency of a foreign bank (as 
such terms are defined in paragraphs (1) and (3) of section 
1(b) of the International Banking Act of 1978), and any 
institution the deposits of which are insured by the Federal 
Deposit Insurance Corporation; 
‘‘(2) the term ‘credit union’ means any Federal credit 
union and any State-chartered credit union the accounts of 
which are insured by the National Credit Union Adminis-
tration Board, and any ‘Federal credit union’ as defined in 
section 2 of the Federal Credit Union Act; 
‘‘(3) the term ‘State-chartered credit union’ includes a 
credit union chartered under the laws of a State; and 
‘‘(4) the term ‘savings and loan association’ means— 
‘‘(A) a Federal savings association or State savings 
association (as defined in section 3(b) of the Federal 
Deposit Insurance Act (12 U.S.C. 1813(b))) having ac-
counts insured by the Federal Deposit Insurance Cor-
poration; and 
‘‘(B) a corporation described in section 3(b)(1)(C) of 
the Federal Deposit Insurance Act (12 U.S.C. 
1813(b)(1)(C)) that is operating under the laws of the 
United States. 
‘‘§ 144. Communication of ransom demands and 
other threatening communications in or 
affecting commerce 
‘‘(a) KIDNAP RANSOM.—Whoever knowingly transmits, in or 
affecting interstate or foreign commerce, any communication 
containing any demand or request for a ransom or reward for 
the release of any kidnapped person shall be imprisoned not 
more than 20 years. 
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‘‘(b) THREATS TO KIDNAP OR INJURE.—Whoever, with in-
tent to extort from any person any money or other thing of 
value, knowingly transmits, in or affecting interstate commerce, 
any communication containing any threat to kidnap any person 
or any threat to injure the person of another, shall be impris-
oned not more than 20 years. 
‘‘(d) THREATS TO PROPERTY OR REPUTATION WITH IN-
TENT TO EXTORT.—Whoever, with intent to extort from any 
person any money or other thing of value, knowingly transmits, 
in or affecting interstate or foreign commerce, any communica-
tion containing any threat— 
‘‘(1) to injure the property or reputation of another or 
the reputation of a deceased person; or 
‘‘(2) to accuse another of a crime; 
shall be or imprisoned not more than 10 years. 
‘‘§ 145. Extortion by officers or employees of the 
United States 
‘‘Whoever, being an officer, or employee of the United States 
or any department or agency thereof, or representing oneself to 
be or assuming to act as such, under color or pretense of office 
or employment commits or attempts an act of extortion, shall 
be imprisoned not more than three years; but if the amount so 
extorted or demanded does not exceed $1,000, the offender 
shall be imprisoned not more than one year. 
‘‘§ 146. Receiving the proceeds of extortion 
‘‘Whoever receives, possesses, conceals, or disposes of any 
money or other property which was obtained from the commis-
sion of any offense under this subchapter that is punishable by 
imprisonment for more than 1 year, knowing the same to have 
been unlawfully obtained, shall be imprisoned not more than 3 
years. 
‘‘SUBCHAPTER G—EXTORTIONATE CREDIT 
TRANSACTIONS 
‘‘Sec. 
‘‘155.
Making extortionate extensions of credit. 
‘‘156.
Financing extortionate extensions of credit. 
‘‘157.
Collection of extensions of credit by extortionate means. 
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‘‘158.
Effect on State laws. 
‘‘159.
Definitions and rules of construction. 
‘‘§ 155. Making extortionate extensions of credit 
‘‘(a) OFFENSE.—Whoever makes any extortionate extension 
of credit, or conspires to do so, shall be imprisoned not more 
than 20 years. 
‘‘(b) PRIMA FACIE EVIDENCE OF EXTORTIONATE TRANS-
ACTION.—In any prosecution under this section, if it is shown 
that all of the following factors were present in connection with 
the extension of credit in question, there is prima facie evidence 
that the extension of credit was extortionate: 
‘‘(1) The repayment of the extension of credit, or the 
performance of any promise given in consideration thereof, 
would be unenforceable, through civil judicial processes 
against the debtor— 
‘‘(A) in the jurisdiction within which the debtor, if 
a natural person, resided; or 
‘‘(B) in every jurisdiction within which the debtor, if 
other than a natural person, was incorporated or quali-
fied to do business at the time the extension of credit 
was made. 
‘‘(2) The extension of credit was made at a rate of inter-
est in excess of an annual rate of 45 per centum calculated 
according to the actuarial method of allocating payments 
made on a debt between principal and interest, pursuant to 
which a payment is applied first to the accumulated inter-
est and the balance is applied to the unpaid principal. 
‘‘(3) At the time the extension of credit was made, the 
debtor reasonably believed that either— 
‘‘(A) one or more extensions of credit by the creditor 
had been collected or attempted to be collected by ex-
tortionate means, or the nonrepayment thereof had 
been punished by extortionate means; or 
‘‘(B) the creditor had a reputation for the use of ex-
tortionate means to collect extensions of credit or to 
punish the nonrepayment thereof. 
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‘‘(4) Upon the making of the extension of credit, the 
total of the extensions of credit by the creditor to the debt-
or then outstanding, including any unpaid interest or simi-
lar charges, exceeded $100. 
‘‘(c) REPUTATION EVIDENCE.—In any prosecution under 
this section, if evidence is introduced tending to show the exist-
ence of any of the circumstances described in subsection (b)(1) 
or (b)(2), and direct evidence of the actual belief of the debtor 
as to the creditor’s collection practices is not available, then for 
the purpose of showing the understanding of the debtor and the 
creditor at the time the extension of credit was made, the court 
may in its discretion allow evidence to be introduced tending 
to show the reputation as to collection practices of the creditor 
in any community of which the debtor was a member at the 
time of the extension. 
‘‘§ 156. Financing extortionate extensions of credit 
‘‘Whoever knowingly advances money or property, whether as 
a gift, as a loan, as an investment, pursuant to a partnership 
or profit-sharing agreement, or otherwise, to any person, with 
reason to believe that it is the intention of that person to use 
the money or property so advanced directly or indirectly for the 
purpose of making extortionate extensions of credit, shall be 
imprisoned not more than 20 years. 
‘‘§ 157. Collection of extensions of credit by extor-
tionate means 
‘‘Whoever knowingly uses any extortionate means— 
‘‘(1) to collect or attempt to collect any extension of 
credit; or 
‘‘(2) to punish any person for nonrepayment of an exten-
sion of credit; 
shall be imprisoned not more than 20 years. 
‘‘§ 158. Effect on State laws 
‘‘This subchapter does not preempt State law that would be 
permissible in the absence of this subchapter. 
‘‘§ 159. Definitions and rules of construction 
‘‘As used in this subchapter: 
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‘‘(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 ex-
tension of credit, refers to any person making that exten-
sion 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 ex-
tension of credit, refers to any person to whom that exten-
sion of credit is made, or to any person who guarantees the 
repayment of that extension of credit, or in any manner un-
dertakes 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 exten-
sion 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, rep-
utation, or property of any person. 
‘‘(8) State law, including conflict of laws rules, governing 
the enforceability through civil judicial processes of repay-
ment of any extension of credit or the performance of any 
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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 no-
tice of any matter of State law. 
‘‘SUBCHAPTER H—DOMESTIC VIOLENCE 
‘‘Sec. 
‘‘161.
Interstate domestic violence; interstate stalking; interstate violations 
of custody orders. 
‘‘162.
Pretrial release of defendant. 
‘‘163.
Full faith and credit given to protection orders. 
‘‘164.
Definitions. 
‘‘165.
Repeat offenders. 
‘‘§ 161. Interstate domestic violence; interstate 
stalking; interstate violations of custody 
orders 
‘‘(a) OFFENSES.—Whoever— 
‘‘(1) travels in interstate or foreign commerce or enters 
or leaves Indian country or within the special maritime and 
territorial jurisdiction of the United States with the intent 
to kill, injure, harass, or intimidate a spouse, intimate part-
ner, or dating partner, and who, in the course of or as a 
result of such travel, commits or attempts to commit a 
crime of violence against that spouse, intimate partner, or 
dating partner; 
‘‘(2) causes a spouse, intimate partner, or dating partner 
to travel in interstate or foreign commerce or to enter or 
leave Indian country or within the special maritime and 
territorial jurisdiction of the United States by force, coer-
cion, duress, or fraud, and who, in the course of, as a re-
sult of, or to facilitate such conduct or travel, commits or 
attempts to commit a crime of violence against that spouse, 
intimate partner, or dating partner; 
‘‘(3) travels in interstate or foreign commerce or within 
the special maritime and territorial jurisdiction of the 
United States, or enters or leaves Indian country, with the 
intent to kill, injure, harass, or place under surveillance 
with intent to kill, injure, harass, or intimidate another 
person, and in the course of, or as a result of, such travel 
places that person in reasonable fear of the death of, or se-
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rious bodily injury to, or causes substantial emotional dis-
tress to that person, a member of the immediate family (as 
defined in section 115) of that person, or the spouse or in-
timate partner of that person; or 
‘‘(4) with the intent— 
‘‘(A) to kill, injure, harass, or place under surveil-
lance with intent to kill, injure, harass, or intimidate, 
or cause substantial emotional distress to a person in 
another State or tribal jurisdiction or within the special 
maritime and territorial jurisdiction of the United 
States; or 
‘‘(B) to place a person in another State or tribal ju-
risdiction, or within the special maritime and territorial 
jurisdiction of the United States, in reasonable fear of 
the death of, or serious bodily injury to— 
‘‘(i) that person; 
‘‘(ii) a member of the immediate family (as de-
fined in section 115 of that person; or 
‘‘(iii) a spouse or intimate partner of that per-
son; 
uses the mail, any interactive computer service, or any fa-
cility of interstate or foreign commerce to engage in a 
course of conduct that causes substantial emotional distress 
to that person or places that person in reasonable fear of 
the death of, or serious bodily injury to, any of the persons 
described in clauses (i) through (iii) of subparagraph (B); 
‘‘(5) travels in interstate or foreign commerce, or enters 
or leaves Indian country, with the intent to engage in con-
duct that violates the portion of a protection order that 
prohibits or provides protection against violence, threats, or 
harassment against, contact or communication with, or 
physical proximity to, another person, or that would violate 
such a portion of a protection order in the jurisdiction in 
which the order was issued, and subsequently engages in 
such conduct; or 
‘‘(6) causes another person to travel in interstate or for-
eign commerce or to enter or leave Indian country by force, 
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coercion, duress, or fraud, and in the course of, as a result 
of, or to facilitate such conduct or travel engages in con-
duct that violates the portion of a protection order that 
prohibits or provides protection against violence, threats, or 
harassment against, contact or communication with, or 
physical proximity to, another person, or that would violate 
such a portion of a protection order in the jurisdiction in 
which the order was issued; 
shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.— 
‘‘(1) IN GENERAL.—Whoever violates subsection (a) shall 
be imprisoned— 
‘‘(A) for life or any term of years, if death of the vic-
tim results; 
‘‘(B) for not more than 20 years if permanent dis-
figurement or life threatening bodily injury to the vic-
tim results; 
‘‘(C) for not more than 10 years, if serious bodily in-
jury to the victim results or if the offender uses a dan-
gerous weapon during the offense; 
‘‘(D) as provided for the applicable conduct under 
subchapter A of chapter 13 if the offense would con-
stitute an offense under that subchapter (without re-
gard to whether the offense was committed in the spe-
cial maritime and territorial jurisdiction of the United 
States or in a Federal prison); and 
‘‘(E) for not more than 5 years, in any other case. 
‘‘(2) SPECIAL RULE.—Whoever violates paragraph (3) or 
(4) of subsection (a) in violation of a temporary or perma-
nent civil or criminal injunction, restraining order, no-con-
tact order, or other order described in section 164 shall be 
punished by imprisonment for not less than 1 year. 
‘‘§ 162. Pretrial release of defendant 
‘‘In any proceeding pursuant to section 3142 for the purpose 
of determining whether a defendant charged under this sub-
chapter shall be released pending trial, or for the purpose of 
determining conditions of such release, the alleged victim shall 
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be given an opportunity to be heard regarding the danger posed 
by the defendant. 
‘‘§ 163. Full faith and credit given to protection or-
ders 
‘‘(a) FULL FAITH
AND CREDIT.—Any protection order 
issued that is consistent with subsection (b) of this section by 
the court of one State, Indian tribe, or territory (the issuing 
State, Indian tribe, or territory) shall be accorded full faith and 
credit by the court of another State, Indian tribe, or territory 
(the enforcing State, Indian tribe, or territory) and enforced by 
the court and law enforcement personnel of the other State, In-
dian tribal government or Territory as if it were the order of 
the enforcing State, Indian tribe, or territory. 
‘‘(b) PROTECTION ORDER.—A protection order issued by a 
State, tribal, or territorial court is consistent with this sub-
section if— 
‘‘(1) such court has jurisdiction over the parties and 
matter under the law of such State, Indian tribe, or terri-
tory; and 
‘‘(2) reasonable notice and opportunity to be heard is 
given to the person against whom the order is sought suffi-
cient to protect that person’s right to due process; and in 
the case of ex parte orders, notice and opportunity to be 
heard must be provided within the time required by State, 
tribal, or territorial law, and in any event within a reason-
able time after the order is issued, sufficient to protect the 
respondent’s due process rights. 
‘‘(c) CROSS
OR COUNTER PETITION.—A protection order 
issued by a State, tribal, or territorial court against one who 
has petitioned, filed a complaint, or otherwise filed a written 
pleading for protection against abuse by a spouse or intimate 
partner is not entitled to full faith and credit if— 
‘‘(1) no cross or counter petition, complaint, or other 
written pleading was filed seeking such a protection order; 
or 
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‘‘(2) a cross or counter petition has been filed and the 
court did not make specific findings that each party was 
entitled to such an order. 
‘‘(d) NOTIFICATION AND REGISTRATION.— 
‘‘(1) NOTIFICATION.—A State, Indian tribe, or territory 
according full faith and credit to an order by a court of an-
other State, Indian tribe, or territory shall not notify or re-
quire notification of the party against whom a protection 
order has been issued that the protection order has been 
registered or filed in that enforcing State, tribal, or terri-
torial jurisdiction unless requested to do so by the party 
protected under such order. 
‘‘(2) NO
PRIOR
REGISTRATION
OR
FILING
AS
PRE-
REQUISITE FOR ENFORCEMENT.—Any protection order that 
is otherwise consistent with this section shall be accorded 
full faith and credit, notwithstanding failure to comply with 
any requirement that the order be registered or filed in the 
enforcing State, tribal, or territorial jurisdiction. 
‘‘(3) LIMITS ON INTERNET PUBLICATION OF REGISTRA-
TION INFORMATION.—A State, Indian tribe, or territory 
shall not make available publicly on the Internet any infor-
mation regarding the registration, filing of a petition for, 
or issuance of a protection order, restraining order or in-
junction, restraining order, or injunction in either the 
issuing or enforcing State, tribal or territorial jurisdiction, 
if such publication would be likely to publicly reveal the 
identity or location of the party protected under such order. 
A State, Indian tribe, or territory may share court-gen-
erated and law enforcement-generated information con-
tained in secure, governmental registries for protection 
order enforcement purposes. 
‘‘(e) TRIBAL COURT JURISDICTION.—For purposes of this 
section, a tribal court shall have full civil jurisdiction to enforce 
protection orders, including authority to enforce any orders 
through civil contempt proceedings, exclusion of violators from 
Indian lands, and other appropriate mechanisms, in matters 
arising within the authority of the tribe. 
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‘‘§ 164. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘course of conduct’ means a pattern of 
conduct composed of 2 or more acts, demonstrating a con-
tinuity of purpose; 
‘‘(2) the term ‘enter or leave Indian country’ includes 
leaving the jurisdiction of 1 tribal government and entering 
the jurisdiction of another tribal government; 
‘‘(3) 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 crimi-
nal court whether obtained by filing an independent ac-
tion or as a pendente lite order in another proceeding 
so long as any civil or criminal order was issued in re-
sponse to a complaint, petition, or motion filed by or 
on behalf of a person seeking protection; and 
‘‘(B) any support, child custody or visitation provi-
sions, orders, remedies or relief issued as part of a pro-
tection order, restraining order, or injunction pursuant 
to State, tribal, territorial, or local law authorizing the 
issuance of protection orders, restraining orders, or in-
junctions for the protection of victims of domestic vio-
lence, sexual assault, dating violence, or stalking; 
‘‘(4) the term ‘spouse or intimate partner’ includes— 
‘‘(A) for purposes of— 
‘‘(i) all provisions except paragraphs (3) and (4) 
of section 161— 
‘‘(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 
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with the abuser, as determined by the length of 
the relationship, the type of relationship, and 
the frequency of interaction between the per-
sons 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 inter-
action between the persons involved in the rela-
tionship; and 
‘‘(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 in-
jury occurred or where the victim resides; 
‘‘(5) the term ‘travel in interstate or foreign commerce’ 
does not include travel from one State to another by an in-
dividual who is a member of an Indian tribe and who re-
mains at all times in the territory of the Indian tribe of 
which the individual is a member; and 
‘‘(6) the term ‘dating partner’ refers to a person who is 
or has been in a social relationship of a romantic or inti-
mate nature with the abuser; and the existence of such a 
relationship is based on a consideration of— 
‘‘(A) the length of the relationship; 
‘‘(B) the type of relationship; and 
‘‘(C) the frequency of interaction between the per-
sons involved in the relationship. 
‘‘§ 165. Repeat offenders 
‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum 
term of imprisonment for a violation of this chapter after a 
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prior domestic violence or stalking offense shall be twice the 
term otherwise provided under this chapter. 
‘‘(b) DEFINITION.—As used in this section, the term ‘prior 
domestic violence or stalking offense’ means a conviction for an 
offense— 
‘‘(1) under section 161; or 
‘‘(2) under State 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 commerce. 
‘‘SUBCHAPTER I—PROTECTION OF UNBORN 
CHILDREN 
‘‘Sec. 
‘‘171.
Protection of unborn children. 
‘‘172.
Partial-birth abortions prohibited 
‘‘§ 171. 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 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 punish-
ment provided under Federal law for that conduct had that in-
jury 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 under-
lying 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 inten-
tionally kills or attempts to kill the unborn child, that person 
shall instead of being punished under subparagraph (A) and 
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subject to subparagraph (D), be punished as provided under 
subchapter A for the like offense. 
‘‘(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 fol-
lowing: 
‘‘(1) Sections 101, 102, 111, 121, 123, 143, 161, 165, 
201, 204, 271, 273, 413(e), 501, 502, 506, 507, 584, 593, 
601, 614, 631, 873, 892, 895, 897, 1112, 1131, 1133, 
1137, 1138, 1204, 1216, 1291, 1296, 1306, and 1373 of 
this title. 
‘‘(2) 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. 
‘‘§ 172. Partial-birth abortions prohibited 
‘‘(a) Any physician who, in or affecting interstate or foreign 
commerce, knowingly performs a partial-birth abortion and 
thereby kills a human fetus shall be fined under this title or 
imprisoned not more than 2 years, or both. This subsection 
does not apply to a partial-birth abortion that is necessary to 
save the life of a mother whose life is endangered by a physical 
disorder, physical illness, or physical injury, including a life-en-
dangering physical condition caused by or arising from the 
pregnancy itself. 
‘‘(b) As used in this section— 
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‘‘(1) the term ‘partial-birth abortion’ means an abortion 
in which the person performing the abortion— 
‘‘(A) deliberately and intentionally vaginally delivers 
a living fetus until, in the case of a head-first presen-
tation, the entire fetal head is outside the body of the 
mother, or, in the case of breech presentation, any part 
of the fetal trunk past the navel is outside the body of 
the mother, for the purpose of performing an overt act 
that the person knows will kill the partially delivered 
living fetus; and 
‘‘(B) performs the overt act, other than completion 
of delivery, that kills the partially delivered living fetus; 
and 
‘‘(2) the term ‘physician’ means a doctor of medicine or 
osteopathy legally authorized to practice medicine and sur-
gery by the State in which the doctor performs such activ-
ity, or any other individual legally authorized by the State 
to perform abortions: Provided, however, That any indi-
vidual who is not a physician or not otherwise legally au-
thorized by the State to perform abortions, but who never-
theless directly performs a partial-birth abortion, shall be 
subject to the provisions of this section. 
‘‘(c)(1) The father, if married to the mother at the time she 
receives a partial-birth abortion procedure, and if the mother 
has not attained the age of 18 years at the time of the abor-
tion, the maternal grandparents of the fetus, may in a civil ac-
tion obtain appropriate relief, unless the pregnancy resulted 
from the plaintiff’s criminal conduct or the plaintiff consented 
to the abortion. 
‘‘(2) Such relief shall include— 
‘‘(A) money damages for all injuries, psychological and 
physical, occasioned by the violation of this section; and 
‘‘(B) statutory damages equal to three times the cost of 
the partial-birth abortion. 
‘‘(d)(1) A defendant accused of an offense under this section 
may seek a hearing before the State Medical Board on whether 
the physician’s conduct was necessary to save the life of the 
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mother whose life was endangered by a physical disorder, phys-
ical illness, or physical injury, including a life-endangering 
physical condition caused by or arising from the pregnancy 
itself. 
‘‘(2) The findings on that issue are admissible on that issue 
at the trial of the defendant. Upon a motion of the defendant, 
the court shall delay the beginning of the trial for not more 
than 30 days to permit such a hearing to take place. 
‘‘(e) A woman upon whom a partial-birth abortion is per-
formed may not be prosecuted under this section, for a con-
spiracy to violate this section, or for an offense under section 
2, 3, or 4 based on a violation of this section. 
‘‘CHAPTER 13—SEX CRIMES 
‘‘Subchapter 
Sec. 
‘‘A. Sexual abuse ..........................................................................
201 
‘‘B. Transport for illegal sexual activity ............................
211 
‘‘C. Sexual exploitation of children .....................................
221 
‘‘D. Sex offender registry .........................................................
241 
‘‘E. General provisions and definitions ..............................
255 
‘‘SUBCHAPTER B—SEXUAL ABUSE 
‘‘Sec. 
‘‘201.
Sexual abuse. 
‘‘202.
Abusive sexual contact. 
‘‘203.
Special rules and defenses. 
‘‘204.
Sexual abuse resulting in death. 
‘‘205.
Definitions for subchapter. 
‘‘§ 201. Sexual abuse 
‘‘(a) ELEMENTS
OF OFFENSE.—As made applicable and 
punished in subsection (b), the following offenses have the fol-
lowing elements: 
‘‘(1) AGGRAVATED SEXUAL ABUSE.—Whoever— 
‘‘(A) knowingly causes another person to engage in 
a sexual act— 
‘‘(i) by using force against that other person; or 
‘‘(ii) by threatening or placing that other person 
in fear that any person will be subjected to death, 
serious bodily injury, substantial risk of uncon-
sciousness, or kidnapping; 
‘‘(B) knowingly— 
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‘‘(i) renders another person unconscious and 
thereby engages in a sexual act with that other per-
son; or 
‘‘(ii) administers to another person by force or 
threat of force, or without the knowledge or per-
mission of that person, a drug, intoxicant, or other 
similar substance and thereby— 
‘‘(I) substantially impairs the ability of that 
other person to appraise or control conduct; 
and 
‘‘(II) engages in a sexual act with that other 
person; or 
‘‘(C) knowingly engages in a sexual act with another 
person— 
‘‘(i) who has not attained the age of 12 years; 
or 
‘‘(ii) who has attained the age of 12 years but 
has not attained the age of 16 years (and is at 
least 4 years younger than the person so engaging); 
is guilty of aggravated sexual abuse. 
‘‘(2) SEXUAL ABUSE.—Whoever knowingly— 
‘‘(A) causes another person to engage in a sexual act 
by threatening or placing that other person in fear 
(other than by threatening or placing that other person 
in fear that any person will be subjected to death, seri-
ous bodily injury, substantial risk of unconsciousness, 
or kidnapping); or 
‘‘(B) engages in a sexual act with another person if 
that other person is— 
‘‘(i) incapable of appraising the nature of the 
conduct; or 
‘‘(ii) physically incapable of declining participa-
tion in, or communicating unwillingness to engage 
in, that sexual act; 
is guilty of sexual abuse. 
‘‘(3) SEXUAL ABUSE OF A WARD.—Whoever knowingly 
engages in a sexual act with another person who is— 
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‘‘(A) in official detention; and 
‘‘(B) under the custodial, supervisory, or disciplinary 
authority of the person so engaging; 
is guilty of sexual abuse of a ward. 
‘‘(b) PENALTIES AND CIRCUMSTANCES FOR FEDERAL OF-
FENSE.— 
‘‘(1) PENALTIES.— 
‘‘(A) AGGRAVATED SEXUAL ABUSE.—Whoever com-
mits aggravated sexual abuse in a place described in 
paragraph (2) shall be imprisoned for any term of 
years or for life. 
‘‘(B) SEXUAL
ABUSE.—Whoever commits sexual 
abuse in a place described in paragraph (2) shall be im-
prisoned not more than 20 years. 
‘‘(C) SEXUAL ABUSE OF A WARD.—Whoever commits 
sexual abuse of a ward in a place described in para-
graph (2) shall be imprisoned not more than 5 years. 
‘‘(2) CIRCUMSTANCES.—The places referred to in para-
graph (1) are— 
‘‘(A) the special maritime and territorial jurisdiction 
of the United States; or 
‘‘(B) a Federal prison or any prison institution or fa-
cility in which persons are held in custody by direction 
of or pursuant to a contract or agreement with the At-
torney General. 
‘‘§ 202. Abusive sexual contact 
‘‘(a) SEXUAL CONTACT IN CIRCUMSTANCES WHERE SEXUAL 
ACTS ARE PUNISHABLE.—Whoever engages in sexual contact 
with another person— 
‘‘(1) under circumstances in which, if the sexual contact 
had been a sexual act, the sexual contact would be punish-
able under section 201(b)(1), shall be imprisoned not more 
than 10 years; 
‘‘(2) under circumstances in which, if the sexual contact 
had been a sexual act, the sexual contact would be punish-
able under section 201(b)(2), shall be imprisoned not more 
than 3 years; and 
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‘‘(3) under circumstances in which, if the sexual contact 
had been a sexual act, the sexual contact would be punish-
able under section 201(b)(3), shall be imprisoned not more 
than 2 years. 
‘‘(b) ENHANCED PENALTY WHERE CONTACT IS WITH A 
CHILD UNDER 12 YEARS OF AGE.—If the sexual contact that 
violates this section is with an individual who has not attained 
the age of 12 years, the maximum term of imprisonment that 
may be imposed for the offense is twice that otherwise provided 
in this section. 
‘‘§ 203. Special rules and defenses 
‘‘(a) PROOF OF STATE OF MIND AS TO AGE.—In a prosecu-
tion under this subchapter involving a sexual act or sexual con-
tact with a child, the Government need not prove that the de-
fendant knew the age of the child or that any age difference 
required for the offense did not exist. 
‘‘(b) DEFENSES.— 
‘‘(1) SEXUAL ABUSE OR SEXUAL CONTACT INVOLVING A 
CHILD.—It is a affirmative defense to a prosecution under 
this subchapter for an offense involving a child where an 
element of the offense is that the child not be 16 years of 
age or older that the defendant reasonably believed the 
child to be 16 years of age or older. 
‘‘(2) MARRIAGE IN CERTAIN CASES.—It is an affirmative 
defense to prosecution for an offense under this subchapter 
involving a sexual act or sexual contact with a ward, that 
the ward was married to the person engaging in the sexual 
act or contact at the time of the alleged offense. 
‘‘§ 204. Sexual abuse resulting in death 
‘‘Whoever, in the course of an offense under this subchapter, 
engages in conduct that results in the death of a person, shall 
be punished by death or imprisoned for any term of years or 
for life. 
‘‘§ 205. Definitions for subchapter 
‘‘As used in this subchapter— 
‘‘(1) the term ‘sexual act’ means— 
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‘‘(A) contact between the penis and the vulva or the 
penis and the anus, and for purposes of this subpara-
graph contact involving the penis occurs upon penetra-
tion, 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 cloth-
ing, of the genitalia of another person who has not at-
tained the age of 16 years with an intent to abuse, hu-
miliate, harass, degrade, or arouse or gratify the sexual 
desire of any person; 
‘‘(2) 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, de-
grade, or arouse or gratify the sexual desire of any person; 
‘‘(3) 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 con-
viction of an offense, or an allegation or finding of ju-
venile delinquency; following commitment as a material 
witness; following civil commitment in lieu of criminal 
proceedings or pending resumption of criminal pro-
ceedings 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 sub-
paragraph (A) of this paragraph, including transpor-
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tation, medical diagnosis or treatment, court appear-
ance, 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 delinquency. 
‘‘SUBCHAPTER B—TRANSPORT FOR ILLEGAL 
SEXUAL ACTIVITY 
‘‘Sec. 
‘‘211.
Transportation generally. 
‘‘212.
Coercion and enticement. 
‘‘213.
Transportation of children. 
‘‘214.
Use of interstate facilities to transmit information about a child. 
‘‘§ 211. Transportation generally 
‘‘Whoever knowingly transports an individual in interstate or 
foreign commerce, or in any territory or possession of the 
United States, with intent that such individual engage in pros-
titution, or in any sexual activity for which any person can be 
charged with a criminal offense, or attempts to do so, shall be 
imprisoned not more than 10 years. 
‘‘§ 212. Coercion and enticement 
‘‘(a) Whoever knowingly persuades, induces, entices, or co-
erces any individual to travel in interstate or foreign commerce, 
or in any territory or possession of the United States, to en-
gage in prostitution, or in any sexual activity for which any 
person can be charged with a criminal offense, or attempts to 
do so, shall be imprisoned not more than 20 years. 
‘‘(b) Whoever, using any facility of interstate or foreign com-
merce, or within the special maritime and territorial jurisdic-
tion of the United States, knowingly persuades, induces, en-
tices, or coerces any child to engage in prostitution or any sex-
ual activity for which any person can be charged with a crimi-
nal offense, or attempts to do so, shall be imprisoned not less 
than 5 years and not more than 30 years. 
‘‘§ 213. Transportation of children 
‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE IN CRIMI-
NAL SEXUAL ACTIVITY.—Whoever transports a child in inter-
state or foreign commerce, or in any territory or possession of 
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the United States, with intent that the child engage in prostitu-
tion, or in any sexual activity for which any person can be 
charged with a criminal offense, shall be imprisoned not less 
than 5 years and not more than 30 years. 
‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL 
CONDUCT.—Whoever travels in interstate commerce or travels 
into the United States, or, being a United States citizen or an 
alien admitted for permanent residence in the United States, 
travels in foreign commerce, for the purpose of engaging in any 
illicit sexual conduct shall be imprisoned not more than 30 
years. 
‘‘(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN 
PLACES.—Any United States citizen or alien admitted for per-
manent residence who travels in foreign commerce, and engages 
in any illicit sexual conduct shall be imprisoned not more than 
30 years. 
‘‘(d) ANCILLARY OFFENSES.—Whoever, for the purpose of 
commercial advantage or private financial gain, arranges, in-
duces, procures, or facilitates the travel of a person knowing 
that such a person is traveling in interstate commerce or for-
eign commerce for the purpose of engaging in illicit sexual con-
duct shall be imprisoned not more than 30 years. 
‘‘(e) ATTEMPT AND CONSPIRACY.—Whoever attempts or con-
spires to violate subsection (a), (b), (c), or (d) shall be punish-
able in the same manner as a completed violation of that sub-
section. 
‘‘(f) DEFINITION.—As used in this section, the term ‘illicit 
sexual conduct’ means— 
‘‘(1) a sexual act (as defined in section 205) with a child 
that would be in violation of subchapter A if the sexual act 
occurred in the special maritime and territorial jurisdiction 
of the United States; 
‘‘(2) any commercial sex act (as defined in section 1265) 
with a child; or 
‘‘(3) the production of child pornography, as defined in 
section 229. 
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‘‘(g) DEFENSE.—In a prosecution under this section based 
on illicit sexual conduct as defined in subsection (f)(2), it is an 
affirmative defense that the defendant reasonably believed that 
the person with whom the defendant engaged in the commercial 
sex act had attained the age of 18 years. 
‘‘§ 214. Use of interstate facilities to transmit infor-
mation about a child 
‘‘Whoever, using a facility of interstate or foreign commerce, 
or within the special maritime and territorial jurisdiction of the 
United States, knowingly transmits of the name, address, tele-
phone number, social security number, or electronic mail ad-
dress of another individual, knowing that such other individual 
has not attained the age of 16 years, with the intent to entice, 
encourage, offer, or solicit any person to engage in any sexual 
activity for which any person can be charged with a criminal 
offense, or attempts to do so, shall be imprisoned not more 
than 5 years. 
‘‘SUBCHAPTER C—SEXUAL EXPLOITATION OF 
CHILDREN 
‘‘Sec. 
‘‘221.
Sexual exploitation of children. 
‘‘222.
Selling or buying of children. 
‘‘223.
Certain activities relating to material involving the sexual exploi-
tation of children and child pornography. 
‘‘224.
Misleading domain names on the Internet. 
‘‘225.
Definitions for subchapter. 
‘‘226.
Record keeping requirements. 
‘‘227.
Failure to report child abuse. 
‘‘§ 221. Sexual exploitation of children 
‘‘(a) OFFENSE.—Whoever, as made applicable in subsection 
(b)— 
‘‘(1) either— 
‘‘(A) employs, uses, persuades, induces, entices, or 
coerces any child to engage in, or who has a child assist 
any other person to engage in, any sexually explicit 
conduct for the purpose of producing any visual depic-
tion of such conduct; or 
‘‘(B) transports any child in interstate or foreign 
commerce, or in any territory or possession of the 
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United States, with the intent that such child engage 
in such conduct for such purpose; or 
‘‘(2) being a parent, legal guardian, or person having 
custody or control of a child knowingly permits such child 
to engage in, or to assist any other person to engage in, 
sexually explicit conduct for the purpose of producing any 
visual depiction of such conduct; 
or attempts or conspires to do so shall be punished as provided 
under subsection (e). 
‘‘(b) APPLICABILITY.—Subsection (a) applies if— 
‘‘(1) the person engaging in that conduct knows or has 
reason to know that such visual depiction will be trans-
ported in or affecting interstate or foreign commerce; 
‘‘(2) such visual depiction was produced using materials 
that have been transported in or affecting interstate or for-
eign commerce; or 
‘‘(3) such visual depiction has actually been transported 
in or affecting interstate or foreign commerce. 
‘‘(c) 
EXTRATERRITORIAL
JURISDICTION.—There 
is 
extraterritorial jurisdiction over an offense under subsection 
(a)(1) if the offender— 
‘‘(1) intends such visual depiction to be transported to 
the United States; or 
‘‘(2) transports such visual depiction to the United 
States. 
‘‘(d) ADVERTISEMENTS.—(1) Whoever, as made applicable 
by paragraph (2), knowingly makes, prints, or publishes, or 
causes to be made, printed, or published, any notice or adver-
tisement seeking or offering— 
‘‘(A) to receive, exchange, buy, produce, display, dis-
tribute, or reproduce, any visual depiction, if the production 
of such visual depiction involves the use of a child engaging 
in sexually explicit conduct and such visual depiction is of 
such conduct; or 
‘‘(B) participation in any act of sexually explicit conduct 
by or with any child for the purpose of producing a visual 
depiction of such conduct; 
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shall be punished as provided under subsection (e). 
‘‘(2) Paragraph (1) applies if— 
‘‘(A) such person knows or has reason to know that such 
notice or advertisement will be transported in or affecting 
interstate or foreign commerce; or 
‘‘(B) such notice or advertisement is transported in or 
affecting interstate or foreign commerce. 
‘‘(e) PUNISHMENT.—Whoever violates, or attempts or con-
spires to violate, this section shall be imprisoned not less than 
15 years nor more than 30 years, but if such person has one 
prior conviction under this subchapter, subchapter F of chapter 
35, or under section 920 of title 10 (article 120 of the Uniform 
Code of Military Justice), or under the laws of any State relat-
ing to the sexual exploitation of children, such person shall be 
imprisoned for not less than 25 years nor more than 50 years, 
but if such person has 2 or more such prior convictions, such 
person shall be imprisoned not less than 35 years nor more 
than life. Whoever, in the course of an offense under this sec-
tion, engages in conduct that results in the death of a person, 
shall be punished by death or imprisoned for any term of years 
or for life. 
‘‘§ 222. Selling or buying of children 
‘‘(a) TRANSFER OF CUSTODY.—Whoever, as made applicable 
by subsection (d) and with a mental state described in sub-
section (c) having custody or control of a child, transfers that 
custody or control, or offers to do so, shall be punished by im-
prisonment for not less than 30 years or for life. 
‘‘(b) OBTAINING CUSTODY.—Whoever, as made applicable by 
subsection (d) and with a mental state described in subsection 
(c), obtains custody or control of a child, or offers to do so, 
shall be punished by imprisonment for not less than 30 years 
or for life. 
‘‘(c) MENTAL STATE.—The mental state referred to in sub-
sections (a) and (b) is— 
‘‘(1) knowledge that, as a consequence of the transfer of 
custody, the child will be portrayed in a visual depiction en-
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‘‘(3) advertises, promotes, presents, distributes, or solic-
its any material or purported material in a manner that re-
flects the belief, or that is intended to cause another to be-
lieve, that the material or purported material contains an 
exploitative visual depiction or child pornography; 
or attempts or conspires to do so shall be punished as provided 
in subsection (c). 
‘‘(b) APPLICABILITY.—Subsection (a) applies if— 
‘‘(1) the conduct occurs in the special maritime and ter-
ritorial jurisdiction of the United States, or in the Indian 
country as defined in section 871 of this title; or 
‘‘(2) the exploitative visual depiction or child pornog-
raphy is transported in or affecting interstate or foreign 
commerce, or was produced using materials which have 
been so transported. 
‘‘(c) PUNISHMENT.—The punishment for a violation of this 
section is as follows: 
‘‘(1) Whoever violates paragraph (1) or (2)(A) of sub-
section (a) shall be imprisoned not less than 5 years and 
not more than 20 years, but if such person has a prior con-
viction under this chapter, subchapter F of chapter 35, or 
under section 920 of title 10 (article 120 of the Uniform 
Code of Military Justice), or under the laws of any State 
relating to aggravated sexual abuse, sexual abuse, or abu-
sive sexual conduct involving a child or ward, or the pro-
duction, possession, receipt, mailing, sale, distribution, 
shipment, or transportation of child pornography, such per-
son shall be imprisoned for not less than 15 years nor more 
than 40 years. 
‘‘(2) Whoever violates, or attempts or conspires to vio-
late, paragraph (2)(B) of subsection (a) shall be imprisoned 
not more than 10 years, or both, but if such person has 
a prior conviction under this subchapter, subchapter F of 
chapter 35, or under section 920 of title 10 (article 120 of 
the Uniform Code of Military Justice), or under the laws 
of any State relating to aggravated sexual abuse, sexual 
abuse, or abusive sexual conduct involving a child or ward, 
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or the production, possession, receipt, mailing, sale, dis-
tribution, shipment, or transportation of child pornography, 
such person shall be imprisoned for not less than 10 years 
nor more than 20 years. 
‘‘(d) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
to a charge of violating paragraph (2)(B) of subsection (a) that 
the defendant— 
‘‘(1) possessed less than three matters containing any 
visual depiction proscribed by that paragraph; and 
‘‘(2) promptly and in good faith, and without retaining 
or allowing any person, other than a law enforcement agen-
cy, to access any visual depiction or copy thereof— 
‘‘(A) took reasonable steps to destroy each such vis-
ual depiction; or 
‘‘(B) reported the matter to a law enforcement agen-
cy and afforded that agency access to each such visual 
depiction. 
‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of the gov-
ernment, in any prosecution under this subchapter or section 
1444, except for good cause shown, the name, address, social 
security number, or other nonphysical identifying information, 
other than the age or approximate age, of any child who is de-
picted in any child pornography shall not be admissible and 
may be redacted from any otherwise admissible evidence, and 
the jury shall be instructed, upon request of the United States, 
that it can draw no inference from the absence of such evidence 
in deciding whether the child pornography depicts an actual 
child. 
‘‘(f) EXPLOITATIVE VISUAL DEPICTION DEFINED.—In this 
section, a visual depiction is an exploitative visual depiction if— 
‘‘(1) the producing of such visual depiction involves the 
use of a child engaging in sexually explicit conduct; and 
‘‘(2) such visual depiction is of such conduct. 
‘‘§ 224. Misleading domain names on the Internet 
‘‘(a) OBSCENITY.—Whoever knowingly uses a misleading do-
main name on the Internet with the intent to deceive a person 
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into viewing material constituting obscenity shall be imprisoned 
not more than 2 years. 
‘‘(b) MATERIAL HARMFUL TO CHILDREN.—Whoever know-
ingly uses a misleading domain name on the Internet with the 
intent to deceive a child into viewing material that is harmful 
to Children on the Internet shall be imprisoned not more than 
4 years. 
‘‘(c) DEFINITION.—For the purposes of this section— 
‘‘(1) a domain name that includes a word or words to 
indicate the sexual content of the site, such as ‘sex’ or 
‘porn’, is not misleading; 
‘‘(2) the term ‘material that is harmful to children’ 
means any communication, consisting of nudity, sex, or ex-
cretion, that, taken as a whole and with reference to its 
context— 
‘‘(A) predominantly appeals to a prurient interest of 
children; 
‘‘(B) is patently offensive to prevailing standards in 
the adult community as a whole with respect to what 
is suitable material for children; and 
‘‘(C) lacks serious literary, artistic, political, or sci-
entific value for children; and 
‘‘(3) as used in this subsection, the term ‘sex’ means acts 
of masturbation, sexual intercourse, or physical contact 
with a person’s genitals, or the condition of human male 
or female genitals when in a state of sexual stimulation or 
arousal. 
‘‘§ 225. Definitions for subchapter 
‘‘In this subchapter the following definitions apply: 
‘‘(1)(A) Except as provided in subparagraph (B), the 
term ‘sexually explicit conduct’ means actual or simu-
lated— 
‘‘(i) sexual intercourse, including genital-genital, 
oral-genital, anal-genital, or oral-anal, whether between 
persons of the same or opposite sex; 
‘‘(ii) bestiality; 
‘‘(iii) masturbation; 
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‘‘(iv) sadistic or masochistic abuse; or 
‘‘(v) lascivious exhibition of the genitals or pubic 
area of any person. 
‘‘(B) For purposes of paragraph 5(B), the term ‘sexually 
explicit conduct’ means— 
‘‘(i) graphic sexual intercourse, including genital-gen-
ital, oral-genital, anal-genital, or oral-anal, whether be-
tween persons of the same or opposite sex, or lascivious 
simulated sexual intercourse where the genitals, breast, 
or pubic area of any person is exhibited; 
‘‘(ii) graphic or lascivious simulated— 
‘‘(I) bestiality; 
‘‘(II) masturbation; or 
‘‘(III) sadistic or masochistic abuse; or 
‘‘(iii) graphic or simulated lascivious exhibition of the 
genitals or pubic area of any person. 
‘‘(2) The term ‘producing’ means producing, directing, 
manufacturing, issuing, publishing, or advertising. 
‘‘(3) The term ‘visual depiction’ includes undeveloped 
film and videotape, and data stored on computer disk or by 
electronic means which is capable of conversion into a vis-
ual image. 
‘‘(4) The term‘custody or control’ includes temporary su-
pervision over or responsibility for a child whether legally 
or illegally obtained. 
‘‘(5) The term ‘child pornography’ means any visual de-
piction, including any photograph, film, video, picture, or 
computer or computer-generated image or picture, whether 
made or produced by electronic, mechanical, or other 
means, of sexually explicit conduct, where— 
‘‘(A) the production of such visual depiction involves 
the use of a child engaging in sexually explicit conduct; 
‘‘(B) such visual depiction is a digital image, com-
puter image, or computer-generated image that is, or 
is indistinguishable from, that of a child engaging in 
sexually explicit conduct; or 
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‘‘(C) such visual depiction has been created, adapted, 
or modified to appear that an identifiable child is en-
gaging in sexually explicit conduct. 
‘‘(6) The term ‘identifiable child’— 
‘‘(A) means a person— 
‘‘(i)(I) who was a child at the time the visual de-
piction was created, adapted, or modified; or 
‘‘(II) whose image as a child was used in cre-
ating, adapting, or modifying the visual depiction; 
and 
‘‘(ii) who is recognizable as an actual person by 
the person’s face, likeness, or other distinguishing 
characteristic, such as a unique birthmark or other 
recognizable feature; and 
‘‘(B) shall not be construed to require proof of the 
actual identity of the identifiable child. 
‘‘(7) The term ‘graphic’, when used with respect to a de-
piction of sexually explicit conduct, means that a viewer 
can observe any part of the genitals or pubic area of any 
depicted person or animal during any part of the time that 
the sexually explicit conduct is being depicted. 
‘‘(8) The term ‘indistinguishable’ used with respect to a 
depiction, means virtually indistinguishable, in that the de-
piction is such that an ordinary person viewing the depic-
tion would conclude that the depiction is of an actual child 
engaged in sexually explicit conduct. This definition does 
not apply to depictions that are drawings, cartoons, sculp-
tures, or paintings depicting minors or adults. 
‘‘§ 226. Record keeping requirements 
‘‘(a) DUTY
TO KEEP RECORDS.—Whoever produces any 
book, magazine, periodical, film, videotape, or other matter 
which— 
‘‘(1) contains one or more visual depictions made after 
November 1, 1990 of actual sexually explicit conduct; and 
‘‘(2) is produced in whole or in part with materials which 
have been mailed or shipped in interstate or foreign com-
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merce, or is shipped or transported or is intended for ship-
ment or transportation in interstate or foreign commerce; 
shall create and maintain individually identifiable records per-
taining to every performer portrayed in such a visual depiction. 
‘‘(b) DUTY
TO ASCERTAIN CERTAIN INFORMATION.—Any 
person to whom subsection (a) applies shall, with respect to 
every performer portrayed in a visual depiction of actual sexu-
ally explicit conduct— 
‘‘(1) ascertain, by examination of an identification docu-
ment containing such information, the performer’s name 
and date of birth, and require the performer to provide 
such other indicia of his or her identity as may be pre-
scribed by regulations; 
‘‘(2) ascertain any name, other than the performer’s 
present and correct name, ever used by the performer in-
cluding maiden name, alias, nickname, stage, or profes-
sional name; and 
‘‘(3) record in the records required by subsection (a) the 
information required by paragraphs (1) and (2) of this sub-
section and such other identifying information as may be 
prescribed by regulation. 
‘‘(c) WHERE RECORDS MAINTAINED AND AVAILABILITY FOR 
INSPECTION.—Any person to whom subsection (a) applies shall 
maintain the records required by this section at his business 
premises, or at such other place as the Attorney General may 
by regulation prescribe and shall make such records available 
to the Attorney General for inspection at all reasonable times. 
‘‘(d) EXCLUSION OF EVIDENCE.— 
‘‘(1) No information or evidence obtained from records 
required to be created or maintained by this section shall, 
except as provided in this section, directly or indirectly, be 
used as evidence against any person with respect to any 
violation of law. 
‘‘(2) Paragraph (1) of this subsection does not preclude 
the use of such information or evidence in a prosecution or 
other action for a violation of this subchapter or subchapter 
F of chapter 35, or for a violation of any applicable provi-
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sion of law with respect to the furnishing of false informa-
tion. 
‘‘(e) STATEMENT.— 
‘‘(1) Any person to whom subsection (a) applies shall 
cause to be affixed to every copy of any matter described 
in paragraph (1) of subsection (a) of this section, in such 
manner and in such form as the Attorney General shall by 
regulations prescribe, a statement describing where the 
records required by this section with respect to all per-
formers depicted in that copy of the matter may be located. 
‘‘(2) If the person to whom subsection (a) of this section ap-
plies is an organization the statement required by this sub-
section shall include the name, title, and business address of 
the individual employed by such organization responsible for 
maintaining the records required by this section. 
‘‘(f) UNLAWFUL ACTS.—It shall be unlawful— 
‘‘(1) for any person to whom subsection (a) applies to 
fail to create or maintain the records as required by sub-
sections (a) and (c) or by any regulation promulgated 
under this section; 
‘‘(2) for any person to whom subsection (a) applies 
knowingly to make any false entry in or knowingly to fail 
to make an appropriate entry in, any record required by 
subsection (b) of this section or any regulation promulgated 
under this section; 
‘‘(3) for any person to whom subsection (a) applies 
knowingly to fail to comply with subsection (e) or any regu-
lation promulgated pursuant to that subsection; and 
‘‘(4) for any person knowingly to sell or otherwise trans-
fer, or offer for sale or transfer, any book, magazine, peri-
odical, film, video, or other matter, produce in whole or in 
part with materials which have been mailed or shipped in 
interstate or foreign commerce or which is intended for 
shipment in interstate or foreign commerce, which— 
‘‘(A) contains one or more visual depictions made 
after the made after November 1, 1990 of actual sexu-
ally explicit conduct; and 
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‘‘(B) is produced in whole or in part with materials 
which have been mailed or shipped in interstate or for-
eign commerce, or is shipped or transported or is in-
tended for shipment or transportation in interstate or 
foreign commerce; 
which does not have affixed thereto, in a manner prescribed 
as set forth in subsection (e)(1), a statement describing 
where the records required by this section may be located, 
but such person shall have no duty to determine the accu-
racy of the contents of the statement or the records re-
quired to be kept. 
‘‘(g) REGULATIONS.—The Attorney General shall issue ap-
propriate regulations to carry out this section. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘actual sexually explicit conduct’ means ac-
tual but not simulated conduct as defined in subparagraphs 
(A) through (D) of paragraph (2) of section 229 of this 
title; 
‘‘(2) ‘identification document’ has the meaning given 
that term in section 783; 
‘‘(3) the term ‘produces’ means to produce, manufacture, 
or publish any book, magazine, periodical, film, video tape, 
computer generated image, digital image, or picture, or 
other similar matter and includes the duplication, reproduc-
tion, or reissuing of any such matter, but does not include 
mere distribution or any other activity which does not in-
volve hiring, contracting for managing, or otherwise ar-
ranging for the participation of the performers depicted; 
and 
‘‘(4) the term ‘performer’ includes any person portrayed 
in a visual depiction engaging in, or assisting another per-
son to engage in, actual sexually explicit conduct. 
‘‘(i) PENALTY FOR ANY VIOLATION OF THIS SECTION.— 
Whoever violates this section shall be imprisoned for not more 
than 5 years. Whoever violates this section after having been 
convicted of a violation punishable under this section shall be 
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imprisoned for any period of years not more than 10 years but 
not less than 2 years. 
‘‘§ 227. Failure to report child abuse 
‘‘Whoever, while engaged in a professional capacity or activ-
ity described in subsection (b) of section 226 of the Victims of 
Child Abuse Act of 1990 on Federal land or in a federally oper-
ated (or contracted) facility, learns of facts that give reason to 
suspect that a child has suffered an incident of child abuse, as 
defined in subsection (c) of that section, and fails to make a 
timely report as required by subsection (a) of that section, shall 
be imprisoned not more than 6 months. 
‘‘SUBCHAPTER D—SEX OFFENDER REGISTRY 
‘‘Sec. 
‘‘241.
Failure to register. 
‘‘§ 241. Failure to register 
‘‘(a) IN GENERAL.—Whoever— 
‘‘(1) is required to register under the Sex Offender Reg-
istration and Notification Act; 
‘‘(2)(A) is a sex offender as defined for the purposes of 
the Sex Offender Registration and Notification Act by rea-
son of a conviction under Federal law (including the Uni-
form Code of Military Justice), the law of the District of 
Columbia, Indian tribal law, or the law of any territory or 
possession of the United States; or 
‘‘(B) travels in interstate or foreign commerce, or en-
ters or leaves, or resides in, Indian country; and 
‘‘(3) knowingly fails to register or update a registration 
as required by the Sex Offender Registration and Notifica-
tion Act; 
shall be fined under this title or imprisoned not more than 10 
years, or both. 
‘‘(b) AFFIRMATIVE DEFENSE.—In a prosecution for a viola-
tion under subsection (a), it is an affirmative defense that— 
‘‘(1) uncontrollable circumstances prevented the indi-
vidual from complying; 
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‘‘(2) the individual did not contribute to the creation of 
such circumstances in reckless disregard of the requirement 
to comply; and 
‘‘(3) the individual complied as soon as such cir-
cumstances ceased to exist. 
‘‘(c) CRIME OF VIOLENCE.— 
‘‘(1) IN
GENERAL.—An individual described in sub-
section (a) who commits a crime of violence under Federal 
law (including the Uniform Code of Military Justice), the 
law of the District of Columbia, Indian tribal law, or the 
law of any territory or possession of the United States shall 
be imprisoned for not less than 5 years and not more than 
30 years. 
‘‘(2) ADDITIONAL PUNISHMENT.—The punishment pro-
vided in paragraph (1) shall be in addition and consecutive 
to the punishment provided for the violation described in 
subsection (a). 
‘‘SUBCHAPTER E—GENERAL PROVISIONS AND 
DEFINITIONS 
‘‘Sec. 
‘‘255.
Repeat offenders. 
‘‘256.
Civil remedy for personal injuries. 
‘‘§ 255. Repeat offenders 
‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum 
term of imprisonment for a violation of subchapter A or B 
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 the term ‘prior sex of-
fense conviction’ means a conviction for an offense— 
‘‘(1) under this chapter; or 
‘‘(2) under State law for an offense consisting of conduct 
that would have been an offense under this chapter if the 
conduct had occurred within the special maritime and terri-
torial jurisdiction of the United States; and 
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‘‘§ 256. Civil remedy for personal injuries 
‘‘(a) A child who is a victim of a violation of section 201, 
202, 203, 211, 212, 213, 221, 222, or 223 and who suffers 
personal injury as a result of such violation may sue in any ap-
propriate United States District Court and shall recover the ac-
tual damages such minor sustains and the cost of the suit, in-
cluding a reasonable attorney’s fee. Any child as described in 
the preceding sentence shall be deemed to have sustained dam-
ages of no less than $50,000 in value. 
‘‘(b) Any action commenced under this section shall be 
barred unless the complaint is filed within six years after the 
right of action first accrues or in the case of a person under 
a legal disability, not later than three years after the disability. 
‘‘CHAPTER 15—NATIONAL SECURITY AND 
RELATED CRIMES 
‘‘Subchapter 
Sec. 
‘‘A. Treason, sedition, and subversive activities ............
261 
‘‘B. Terrorism ...............................................................................
271 
‘‘C. Military and navy ................................................................
292 
‘‘D. Civil disorders and riots ..................................................
296 
‘‘E. Espionage and censorship ...............................................
301 
‘‘F. Immigration and nationality ..........................................
311 
‘‘SUBCHAPTER A—TREASON, SEDITION, AND 
SUBVERSIVE ACTIVITIES 
‘‘Sec. 
‘‘261.
Treason. 
‘‘262.
Misprision of treason. 
‘‘263.
Rebellion or insurrection. 
‘‘264.
Seditious conspiracy. 
‘‘265.
Advocating overthrow of Government. 
‘‘§ 261. Treason 
‘‘Whoever, owing allegiance to the United States, levies war 
against them or adheres to their enemies, giving them aid and 
comfort within the United States or elsewhere, is guilty of trea-
son and shall suffer death or be imprisoned for any term of 
years not less than five, and shall be incapable of holding any 
office under the United States. 
‘‘§ 262. Misprision of treason 
‘‘Whoever, owing allegiance to the United States and having 
knowledge of the commission of any treason against them, con-
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ceals and does not, as soon as may be, disclose and make 
known the same to the President or to some judge of the 
United States, or to the governor or to some judge or justice 
of a particular State, is guilty of misprision of treason and 
shall be imprisoned not more than seven years. 
‘‘§ 263. Rebellion or insurrection 
‘‘Whoever incites, sets on foot, assists, or engages in any re-
bellion or insurrection against the authority of the United 
States or the laws thereof, or gives aid or comfort thereto, shall 
be imprisoned not more than ten years and shall be incapable 
of holding any office under the United States. 
‘‘§ 264. Seditious conspiracy 
‘‘If two or more persons in any State or 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 authority thereof, they shall each be im-
prisoned not more than 20 years. 
‘‘§ 265. Advocating overthrow of Government 
‘‘(a) IN GENERAL.—Whoever— 
‘‘(1) knowingly advocates, advises, or teaches the duty, 
necessity, desirability, or propriety of overthrowing or de-
stroying the Government of the United States or the gov-
ernment of any State, or the government of any political 
subdivision therein, by force or violence, or by the assas-
sination of any officer of any such government; 
‘‘(2) with intent to cause the overthrow or destruction of 
any such government, prints, publishes, edits, issues, cir-
culates, sells, distributes, or publicly displays any written or 
printed matter advocating, advising, or teaching the duty, 
necessity, desirability, or propriety of overthrowing or de-
stroying any government in the United States by force or 
violence; or 
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‘‘(3) organizes or helps 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 imprisoned not more than 20 years, and shall be ineli-
gible for employment by the United States or any department 
or agency thereof, for the five years next following the convic-
tion. 
‘‘(b) CONSPIRACY.—If two or more persons conspire to com-
mit any offense named in this section, each shall be imprisoned 
not more than 20 years and shall be ineligible for employment 
by the United States or any department or agency thereof, for 
the five years next following the conviction. 
‘‘(c) DEFINITION.—As used in this section, the term ‘orga-
nize’, with respect to any society, group, or assembly of per-
sons, includes 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. 
‘‘SUBCHAPTER B—TERRORISM 
‘‘Sec. 
‘‘271.
Weapons of mass destruction, and explosives and other lethal de-
vices. 
‘‘272.
Atomic weapons. 
‘‘273.
Acts of terrorism transcending national boundaries. 
‘‘274.
Financial transactions. 
‘‘275.
Missile systems designed to destroy aircraft. 
‘‘276.
Radiological dispersal devices. 
‘‘277.
Harboring or concealing terrorists. 
‘‘278.
Providing material support to terrorists. 
‘‘279.
Providing material support or resources to designated foreign ter-
rorist organizations. 
‘‘280.
Prohibitions against the financing of terrorism. 
‘‘281.
Receiving military-type training from a foreign terrorist organiza-
tion. 
‘‘282.
Civil remedies. 
‘‘283.
Definitions for subchapter. 
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‘‘§ 271. Weapons of mass destruction, and explo-
sives and other lethal devices 
‘‘(a) OFFENSE.—Whoever, without lawful authority, uses, 
threatens, to use, a weapon of mass destruction or an explosive 
or other lethal device— 
‘‘(1) against any property that is owned, leased, or used 
by the United States or by any department or agency of 
the United States, whether the property is within or out-
side of the United States; 
‘‘(2) against a national of the United States while such 
national is outside of the United States; 
‘‘(3) against any person or property within the United 
States, if the offense is in, or affects, interstate or foreign 
commerce; or 
‘‘(4) against any person or property outside of the 
United States, if the offender is a national of the United 
States; 
shall be imprisoned for any term of years or for life, and if 
death results, shall be punished by death or imprisoned for any 
term of years or for life. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘weapon of mass destruction’ means— 
‘‘(A) any destructive device as defined in section 581; 
‘‘(B) any weapon that is designed or intended to 
cause death or serious bodily injury through the re-
lease, dissemination, or impact of toxic or poisonous 
chemicals, or their precursors; 
‘‘(C) any weapon involving a biological agent, toxin, 
or vector (as those terms are in defined in section 627); 
‘‘(D) any weapon that is designed to release radi-
ation or radioactivity at a level dangerous to human 
life; or 
‘‘(E) any lethal device or explosive; 
‘‘(2) the term ‘property’ includes all real and personal 
property; 
‘‘(3) the term ‘explosive’ has the meaning given in sec-
tion 844(j) of this title insofar that it is designed, or has 
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the capability, to cause death, serious bodily injury, or sub-
stantial material damage; and 
‘‘(4) the term ‘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 radio-
active material. 
‘‘§ 272. Atomic weapons 
‘‘(a) OFFENSE.—Whoever, except as provided in section 91 
of the Atomic Energy Act of 1954, in or affecting interstate 
or foreign commerce in the United States or, as made applica-
ble by subsection (b) outside the United States, knowingly par-
ticipates in the development of, manufactures, produces, trans-
fers, acquires, receives, possesses, imports, exports, or uses, or 
possesses and threatens to use, any atomic weapon. Nothing in 
this section modifies section 31 a. or section 101 of the Atomic 
Energy Act of 1954. 
‘‘(b) FEDERAL NEXUS
TO CONDUCT OUTSIDE
OF
THE 
UNITED STATES.— Conduct outside the United States is pro-
hibited by subsection (a) if— 
‘‘(1) the offense is committed by a national of the United 
States; or 
‘‘(2) the offense is committed against a national of the 
United States. 
‘‘§ 273. Acts of terrorism transcending national 
boundaries 
‘‘(a) PROHIBITED ACTS.— 
‘‘(1) OFFENSES.—Whoever, involving conduct tran-
scending national boundaries and as made applicable by 
subsection (b)— 
‘‘(A) kills, kidnaps, maims, commits an assault re-
sulting in serious bodily injury, or assaults with a dan-
gerous weapon any person within the United States; or 
‘‘(B) creates a substantial risk of serious bodily in-
jury to any other person by destroying or damaging 
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any structure, conveyance, or other real or personal 
property within the United States or by attempting or 
conspiring to destroy or damage any structure, convey-
ance, 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 CON-
SPIRACIES.—Whoever threatens to commit an offense 
under paragraph (1), or attempts or conspires to do so, 
shall be punished under subsection (c). 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—Subsection (a) applies if— 
‘‘(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 inter-
state 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 serv-
ices, or any official, officer, employee, or agent of the 
legislative, executive, or judicial branches, or of any de-
partment or agency, of the United States; 
‘‘(D) the structure, conveyance, or other real or per-
sonal 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 sub-
soil below, and artificial islands and fixed structures 
erected thereon) of the United States; or 
‘‘(F) the offense is committed within the special mar-
itime and territorial jurisdiction of the United States. 
‘‘(2) CO-CONSPIRATORS AND ACCESSORIES AFTER THE 
FACT.—Subsection (a) applies with respect to all principals 
and co-conspirators of an offense under this section, and 
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accessories after the fact to any offense under this section, 
if at least one of the circumstances described in subpara-
graphs (A) through (F) of paragraph (1) is applicable to 
at least one offender. 
‘‘(c) PENALTIES.— 
‘‘(1) GENERALLY.—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, con-
veyance, or other real or personal property, by impris-
onment for not more than 25 years; 
‘‘(F) for attempting or conspiring to commit an of-
fense, for any term of years up to the maximum pun-
ishment 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 proba-
tion 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. 
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‘‘(2) STATE LAW.—In a prosecution under this section 
that is based upon the adoption of State law, only the ele-
ments of the offense under State law, and not any provi-
sions 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 sub-
section (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 responsi-
bility for all Federal crimes of terrorism, and any violation of 
section 102, 112, 614, 955, 1201, or 1205 and the Secretary 
of the Treasury shall assist the Attorney General at the request 
of the Attorney General. Nothing in this section shall be con-
strued to interfere with the authority of the United States Se-
cret Service under section 3056. 
‘‘(g) REQUESTS FOR MILITARY ASSISTANCE.—The Attorney 
General may request the Secretary of Defense to provide assist-
ance under section 382 of title 10 in support of Department 
of Justice activities relating to the enforcement of section 271 
during an emergency situation involving a weapon of mass de-
struction. The authority to make such a request may be exer-
cised by another official of the Department of Justice in ac-
cordance with section 382(f)(2) of title 10. 
‘‘(h) 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 ‘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 
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‘‘(3) the term ‘Federal crime of terrorism’ means an of-
fense that— 
‘‘(A) is calculated to influence or affect the conduct 
of government by intimidation or coercion, or to retali-
ate against government conduct; and 
‘‘(B) is a violation of— 
‘‘(i) section 1301 (relating to destruction of air-
craft or aircraft facilities), 1305 (relating to vio-
lence at international airports), 571 (relating to 
arson within special maritime and territorial juris-
diction), 621 or 623 (relating to biological weap-
ons), 624 (relating to variola virus), 631 (relating 
to chemical weapons), 271 (relating weapons of 
mass destruction and explosives and other lethal 
devices), 612(m) or (n) (relating to plastic explo-
sives), 614(f)(2) or (3) (relating to arson and 
bombing of Government property risking or causing 
death), 614(i) (relating to arson and bombing of 
property used in interstate commerce), 593(c) (re-
lating to killing or attempted killing during an at-
tack on a Federal facility with a dangerous weap-
on), 102(5) or (9) (relating to killings abroad), 
787(a)(1) (relating to protection of computers), 
787(a)(5)(A)(i) resulting in damage as defined in 
787(a)(5)(B)(ii) through (v) (relating to protection 
of computers), 102(2), (4), or (8) (relating to kill-
ing of officers and employees of the United States 
foreign officials, official guests, or internationally 
protected persons), 123 (relating to hostage tak-
ing), 1201 (relating to government property or con-
tracts), 1202 (relating to destruction of commu-
nication lines, stations, or systems), 1203 (relating 
to injury to buildings or property within special 
maritime and territorial jurisdiction of the United 
States), 1205(a) (relating to destruction of an en-
ergy facility), 1331 (relating to terrorist attacks 
and other acts of violence against mass transpor-
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tation systems), 274 (relating to financial trans-
actions), 275 (relating to missile systems designed 
to destroy aircraft), 276 (relating to radiological 
dispersal devices), 277 (relating to harboring ter-
rorists), 278 (relating to providing material support 
to terrorists), 279 (relating to providing material 
support to terrorist organizations), 280 (relating to 
financing of terrorism, or 1291 (relating to torture) 
of this title; 
‘‘(ii) section 92 (relating to prohibitions gov-
erning atomic weapons) or 236 (relating to sabo-
tage of nuclear facilities or fuel) of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2122 or 2284); or 
‘‘(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 (re-
lating to application of certain criminal laws to acts 
on aircraft), or section 60123(b) (relating to de-
struction of interstate gas or hazardous liquid pipe-
line facility) of title 49. 
‘‘§ 274. Financial transactions 
‘‘(a) OFFENSE.—Except as provided in regulations issued by 
the Secretary of the Treasury, in consultation with the Sec-
retary of State, whoever, being a United States person, know-
ing or having reasonable cause to know that a country is des-
ignated under section 6(j) of the Export Administration Act of 
1979 (50 U.S.C. App. 2405) as a country supporting inter-
national terrorism, engages in a financial transaction with the 
government of that country, shall be imprisoned for not more 
than 10 years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘financial transaction’ has the same mean-
ing as in section 1451; and 
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‘‘(2) the term ‘United States person’ means any— 
‘‘(A) United States citizen or national; 
‘‘(B) permanent resident alien; 
‘‘(C) juridical person organized under the laws of the 
United States; or 
‘‘(D) any person in the United States. 
‘‘§ 275. Missile systems designed to destroy air-
craft 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN
GENERAL.—Except as provided in paragraph 
(3), it shall be unlawful for any person to knowingly 
produce, construct, otherwise acquire, transfer directly or 
indirectly, receive, possess, import, export, or use, or pos-
sess and threaten to use— 
‘‘(A) an explosive or incendiary rocket or missile that 
is guided by any system designed to enable the rocket 
or missile to— 
‘‘(i) seek or proceed toward energy radiated or 
reflected from an aircraft or toward an image locat-
ing an aircraft; or 
‘‘(ii) otherwise direct or guide the rocket or mis-
sile to an aircraft; 
‘‘(B) any device designed or intended to launch or 
guide a rocket or missile described in subparagraph 
(A); or 
‘‘(C) any part or combination of parts designed or 
redesigned for use in assembling or fabricating a rock-
et, missile, or device described in subparagraph (A) or 
(B). 
‘‘(2) NONWEAPON.—Paragraph (1)(A) does not apply to 
any device that is neither designed nor redesigned for use 
as a weapon. 
‘‘(3) EXCLUDED CONDUCT.—This subsection does not 
apply with respect to— 
‘‘(A) conduct by or under the authority of the United 
States or any department or agency thereof or of a 
State or any department or agency thereof; or 
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‘‘(B) conduct pursuant to the terms of a contract 
with the United States or any department or agency 
thereof or with a State or any department or agency 
thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if— 
‘‘(1) the offense occurs in or affects interstate or foreign 
commerce; 
‘‘(2) the offense occurs outside of the United States and 
is committed by a national of the United States; 
‘‘(3) the offense is committed against a national of the 
United States while the national is outside the United 
States; 
‘‘(4) the offense is committed against any property that 
is owned, leased, or used by the United States or by any 
department or agency of the United States, whether the 
property is within or outside the United States; or 
‘‘(5) an offender aids or abets any person over whom ju-
risdiction exists under this subsection in committing an of-
fense under this section or conspires with any person over 
whom jurisdiction exists under this subsection to commit 
an offense under this section. 
‘‘(c) CRIMINAL PENALTIES.— 
‘‘(1) IN
GENERAL.—Any person who violates, or at-
tempts or conspires to violate, subsection (a) shall be fined 
not more than $2,000,000 and shall be sentenced to a term 
of imprisonment not less than 25 years or to imprisonment 
for life. 
‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the 
course of a violation of subsection (a), uses, attempts or 
conspires to use, or possesses and threatens to use, any 
item or items described in subsection (a), shall be fined not 
more than $2,000,000 and imprisoned for not less than 30 
years or imprisoned for life. 
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another 
results from a person’s violation of subsection (a), the per-
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son shall be fined not more than $2,000,000 and punished 
by imprisonment for life. 
‘‘(d) DEFINITION.—As used in this section, the term ‘air-
craft’ has the definition set forth in section 40102(a)(6) of title 
49. 
‘‘§ 276. Radiological dispersal devices 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN
GENERAL.—Except as provided in paragraph 
(2), it shall be unlawful for any person to knowingly 
produce, construct, otherwise acquire, transfer directly or 
indirectly, receive, possess, import, export, or use, or pos-
sess and threaten to use— 
‘‘(A) any weapon that is designed or intended to re-
lease radiation or radioactivity at a level dangerous to 
human life; or 
‘‘(B) any device or other object that is capable of 
and designed or intended to endanger human life 
through the release of radiation or radioactivity. 
‘‘(2) EXCEPTION.—This subsection does not apply with 
respect to— 
‘‘(A) conduct by or under the authority of the United 
States or any department or agency thereof; or 
‘‘(B) conduct pursuant to the terms of a contract 
with the United States or any department or agency 
thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if— 
‘‘(1) the offense occurs in or affects interstate or foreign 
commerce; 
‘‘(2) the offense occurs outside of the United States and 
is committed by a national of the United States; 
‘‘(3) the offense is committed against a national of the 
United States while the national is outside the United 
States; 
‘‘(4) the offense is committed against any property that 
is owned, leased, or used by the United States or by any 
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department or agency of the United States, whether the 
property is within or outside the United States; or 
‘‘(5) an offender aids or abets any person over whom ju-
risdiction exists under this subsection in committing an of-
fense under this section or conspires with any person over 
whom jurisdiction exists under this subsection to commit 
an offense under this section. 
‘‘(c) CRIMINAL PENALTIES.— 
‘‘(1) IN
GENERAL.—Whoever violates, or attempts or 
conspires to violate, subsection (a) shall be fined not more 
than $2,000,000 and shall be sentenced to a term of im-
prisonment not less than 25 years or to imprisonment for 
life. 
‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the 
course of a violation of subsection (a), uses, attempts or 
conspires to use, or possesses and threatens to use, any 
item or items described in subsection (a), shall be fined not 
more than $2,000,000 and imprisoned for not less than 30 
years or imprisoned for life. 
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another 
results from a person’s violation of subsection (a), the per-
son shall be fined not more than $2,000,000 and punished 
by imprisonment for life. 
‘‘§ 277. Harboring or concealing terrorists 
‘‘(a) OFFENSE.—Whoever harbors or conceals any person 
who he knows, or has reasonable grounds to believe, has com-
mitted, or is about to commit, an offense under section 1301 
(relating to destruction of aircraft or aircraft facilities), section 
621 (relating to biological weapons), section 631 (relating to 
chemical weapons), section 601 (relating to nuclear materials), 
paragraph (2) or (3) of section 614(f) (relating to arson and 
bombing of government property risking or causing injury or 
death), section 1205(a) (relating to the destruction of an en-
ergy facility), section 13404.51 (relating to violence against 
maritime navigation), section 271 (relating to weapons of mass 
destruction), or section 273 (relating to acts of terrorism tran-
scending national boundaries) of this title, section 236(a) (re-
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lating to sabotage of nuclear facilities or fuel) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (re-
lating to aircraft piracy) of title 49, shall imprisoned not more 
than ten years. 
‘‘(b) VENUE.—A violation of this section may be prosecuted 
in any Federal judicial district in which the underlying offense 
was committed, or in any other Federal judicial district as pro-
vided by law. 
‘‘§ 278. Providing material support to terrorists 
‘‘(a) OFFENSE.—Whoever provides material support or re-
sources or conceals or disguises the nature, location, source, or 
ownership of material support or resources, knowing or intend-
ing that they are to be used in preparation for, or in carrying 
out, a violation of section 271, 273, 276, 1301, 1306, 571, 
621, 631, 102, 112, 121(m) or (n), 601, 1201, 1202, 1203, 
1205, 1331, 1651, 1291, 278, or 279 of this title, section 236 
of the Atomic Energy Act of 1954 (42 U.S.C. 2284) section 
46502 or 60123(b) of title 49, or any offense listed in section 
273(g)(5)(B) (except for sections 278 and 279) or in prepara-
tion for, or in carrying out, the concealment of an escape from 
the commission of any such violation, or attempts or conspires 
to do such an act, shall be fined under this title, imprisoned 
not more than 15 years, or both. A violation of this section may 
be prosecuted in any Federal judicial district in which the un-
derlying offense was committed, or in any other Federal judi-
cial district as provided by law, and, if the death of any person 
results, shall be imprisoned for any term of years or for life. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘material support or resources’ means any 
property, tangible or intangible, or service, including cur-
rency or monetary instruments or financial securities, fi-
nancial services, lodging, training, expert advice or assist-
ance, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal sub-
stances, explosives, personnel (1 or more individuals who 
may be or include oneself), and transportation, except med-
icine or religious materials; 
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‘‘(2) the term ‘training’ means instruction or teaching 
designed to impart a specific skill, as opposed to general 
knowledge; and 
‘‘(3) the term ‘expert advice or assistance’ means advice 
or assistance derived from scientific, technical or other spe-
cialized knowledge. 
‘‘§ 279. Providing material support or resources to 
designated foreign terrorist organizations 
‘‘(a) PROHIBITED ACTIVITIES.— 
‘‘(1) UNLAWFUL CONDUCT.—Whoever as made applica-
ble by subsection (d) knowingly provides material support 
or resources to a foreign terrorist organization, or attempts 
or conspires to do so, shall be imprisoned not more than 
15 years, or both, and if the death of any person results, 
shall be imprisoned for any term of years or for life. To 
violate this paragraph, a person must have knowledge that 
the organization is a designated terrorist organization (as 
defined in subsection (g)(6)), that the organization has en-
gaged or engages in terrorist activity (as defined in section 
212(a)(3)(B) 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). 
‘‘(2) FINANCIAL INSTITUTIONS.—Except as authorized 
by the Secretary, any financial institution that becomes 
aware that it has possession of, or control over, any funds 
in which a foreign terrorist organization, or its agent, has 
an interest, shall— 
‘‘(A) retain possession of, or maintain control over, 
such funds; and 
‘‘(B) report to the Secretary the existence of such 
funds in accordance with regulations issued by the Sec-
retary. 
‘‘(b) CIVIL PENALTY.—Any financial institution that know-
ingly fails to comply with subsection (a)(2) shall be subject to 
a civil penalty in an amount that is the greater of— 
‘‘(A) $50,000 per violation; or 
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‘‘(B) twice the amount of which the financial institution 
was required under subsection (a)(2) to retain possession 
or control. 
‘‘(c) INJUNCTION.—Whenever it appears to the Secretary or 
the Attorney General that any person is engaged in, or is about 
to engage in, any act that constitutes, or would constitute, a 
violation of this section, the Attorney General may initiate civil 
action in a district court of the United States to enjoin such 
violation. 
‘‘(d) FEDERAL NEXUS.—Subsection (a) applies if— 
‘‘(1) an offender is a national of the United States or an 
alien lawfully admitted for permanent residence in the 
United States (as defined in section 101(a)(20) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(20))); 
‘‘(2) an offender is a stateless person whose habitual res-
idence 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 ju-
risdiction exists under this paragraph in committing an of-
fense under subsection (a) or conspires with any person 
over whom jurisdiction exists under this paragraph to com-
mit an offense under subsection (a). 
‘‘(e) INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—The Attorney General shall conduct 
any investigation of a possible violation of this section, or 
of any license, order, or regulation issued pursuant to this 
section. 
‘‘(2) COORDINATION WITH THE DEPARTMENT OF THE 
TREASURY.—The Attorney General shall work in coordina-
tion with the Secretary in investigations relating to— 
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‘‘(A) the compliance or noncompliance by a financial 
institution with the requirements of subsection (a)(2); 
and 
‘‘(B) civil penalty proceedings authorized under sub-
section (b). 
‘‘(3) REFERRAL.—Any evidence of a criminal violation of 
this section arising in the course of an investigation by the 
Secretary or any other Federal agency shall be referred im-
mediately to the Attorney General for further investigation. 
The Attorney General shall timely notify the Secretary of 
any action taken on referrals from the Secretary, and may 
refer investigations to the Secretary for remedial licensing 
or civil penalty action. 
‘‘(f) CLASSIFIED
INFORMATION
IN
CIVIL
PROCEEDINGS 
BROUGHT BY THE UNITED STATES.— 
‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION BY DE-
FENDANTS.— 
‘‘(A) REQUEST BY UNITED STATES.—In any civil 
proceeding under this section, upon request made ex 
parte and in writing by the United States, a court, 
upon a sufficient showing, may authorize the United 
States to— 
‘‘(i) redact specified items of classified informa-
tion from documents to be introduced into evidence 
or made available to the defendant through dis-
covery under the Federal Rules of Civil Procedure; 
‘‘(ii) substitute a summary of the information for 
such classified documents; or 
‘‘(iii) substitute a statement admitting relevant 
facts that the classified information would tend to 
prove. 
‘‘(B) ORDER GRANTING REQUEST.—If the court en-
ters an order granting a request under this paragraph, 
the entire text of the documents to which the request 
relates shall be sealed and preserved in the records of 
thecourt to be made available to the appellate court in 
the event of an appeal. 
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‘‘(C) DENIAL OF REQUEST.—If the court enters an 
order denying a request of the United States under this 
paragraph, the United States may take an immediate, 
interlocutory appeal in accordance with paragraph (5). 
For purposes of such an appeal, the entire text of the 
documents to which the request relates, together with 
any transcripts of arguments made ex parte to the 
court in connection therewith, shall be maintained 
under seal and delivered to the appellate court. 
‘‘(2) INTRODUCTION OF CLASSIFIED INFORMATION; PRE-
CAUTIONS BY COURT.— 
‘‘(A) EXHIBITS.—To prevent unnecessary or inad-
vertent disclosure of classified information in a civil 
proceeding brought by the United States under this 
section, the United States may petition the court ex 
parte to admit, in lieu of classified writings, recordings, 
or photographs, one or more of the following: 
‘‘(i) Copies of items from which classified infor-
mation has been redacted. 
‘‘(ii) Stipulations admitting relevant facts that 
specific classified information would tend to prove. 
‘‘(iii) A declassified summary of the specific clas-
sified information. 
‘‘(B) DETERMINATION BY COURT.—The court shall 
grant a request under this paragraph if the court finds 
that the redacted item, stipulation, or summary is suf-
ficient to allow the defendant to prepare a defense. 
‘‘(3) TAKING OF TRIAL TESTIMONY.— 
‘‘(A) OBJECTION.—During the examination of a wit-
ness in any civil proceeding brought by the United 
States under this subsection, the United States may 
object to any question or line of inquiry that may re-
quire the witness to disclose classified information not 
previously found to be admissible. 
‘‘(B) ACTION BY COURT.—In determining whether a 
response is admissible, the court shall take precautions 
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to guard against the compromise of any classified infor-
mation, including— 
‘‘(i) permitting the United States to provide the 
court, ex parte, with a proffer of the witness’s re-
sponse to the question or line of inquiry; and 
‘‘(ii) requiring the defendant to provide the court 
with a proffer of the nature of the information that 
the defendant seeks to elicit. 
‘‘(C) OBLIGATION OF DEFENDANT.—In any civil pro-
ceeding under this section, it shall be the defendant’s 
obligation to establish the relevance and materiality of 
any classified information sought to be introduced. 
‘‘(4) APPEAL.—If the court enters an order denying a 
request of the United States under this subsection, the 
United States may take an immediate interlocutory appeal 
in accordance with paragraph (5). 
‘‘(5) INTERLOCUTORY APPEAL.— 
‘‘(A) SUBJECT OF APPEAL.—An interlocutory appeal 
by the United States shall lie to a court of appeals 
from a decision or order of a district court— 
‘‘(i) authorizing the disclosure of classified infor-
mation; 
‘‘(ii) imposing sanctions for nondisclosure of 
classified information; or 
‘‘(iii) refusing a protective order sought by the 
United States to prevent the disclosure of classified 
information. 
‘‘(B) EXPEDITED CONSIDERATION.— 
‘‘(i) IN GENERAL.—An appeal taken pursuant to 
this paragraph, either before or during trial, shall 
be expedited by the court of appeals. 
‘‘(ii) APPEALS PRIOR TO TRIAL.—If an appeal is 
of an order made prior to trial, an appeal shall be 
taken not later than 10 days after the decision or 
order appealed from, and the trial shall not com-
mence until the appeal is resolved. 
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‘‘(iii) APPEALS DURING TRIAL.—If an appeal is 
taken during trial, the trial court shall adjourn the 
trial until the appeal is resolved, and the court of 
appeals— 
‘‘(I) shall hear argument on such appeal not 
later than 4 days after the adjournment of the 
trial; 
‘‘(II) may dispense with written briefs other 
than the supporting materials previously sub-
mitted to the trial court; 
‘‘(III) shall render its decision not later than 
4 days after argument on appeal; and 
‘‘(IV) may dispense with the issuance of a 
written opinion in rendering its decision. 
‘‘(C) EFFECT OF RULING.—An interlocutory appeal 
and decision shall not affect the right of the defendant, 
in a subsequent appeal from a final judgment, to claim 
as error reversal by the trial court on remand of a rul-
ing appealed from during trial. 
‘‘(6) CONSTRUCTION.—Nothing in this subsection shall 
prevent the United States from seeking protective orders or 
asserting privileges ordinarily available to the United States 
to protect against the disclosure of classified information, 
including the invocation of the military and State secrets 
privilege. 
‘‘(g) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘classified information’ has the meaning 
given that term in section 1(a) of the Classified Informa-
tion Procedures Act (18 U.S.C. App.); 
‘‘(2) the term ‘funds’ includes coin or currency of the 
United States or any other country, traveler’s checks, per-
sonal checks, bank checks, money orders, stocks, bonds, de-
bentures, drafts, letters of credit, any other negotiable in-
strument, and any electronic representation of any of the 
foregoing; 
‘‘(3) the term ‘material support or resources’ has the 
same meaning given that term in section 2339A (including 
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the definitions of ‘training’ and ‘expert advice or assistance’ 
in that section); 
‘‘(4) the term ‘Secretary’ means the Secretary of the 
Treasury; and 
‘‘(6) the term ‘terrorist organization’ means an organiza-
tion designated as a terrorist organization under section 
219 of the Immigration and Nationality Act. 
‘‘(h) PROVISION OF PERSONNEL.—No person may be pros-
ecuted under this section in connection with the term ‘per-
sonnel’ unless that person has knowingly provided, attempted 
to provide, or conspired to provide a foreign terrorist organiza-
tion with 1 or more individuals (who may be or include himself) 
to work under that terrorist organization’s direction or control 
or to organize, manage, supervise, or otherwise direct the oper-
ation of that organization. Individuals who act entirely inde-
pendently of the foreign terrorist organization to advance its 
goals or objectives shall not be considered to be working under 
the foreign terrorist organization’s direction and control. 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed or applied so as to abridge the exercise of rights 
guaranteed under the First Amendment to the Constitution of 
the United States. 
‘‘(j) EXCEPTION.—No person may be prosecuted under this 
section in connection with the term ‘personnel’, ‘training’, or 
‘expert advice or assistance’ if the provision of that material 
support or resources to a foreign terrorist organization was ap-
proved by the Secretary of State with the concurrence of the 
Attorney General. The Secretary of State may not approve the 
provision of any material support that may be used to carry out 
terrorist activity (as defined in section 212(a)(3)(B)(iii) of the 
Immigration and Nationality Act). 
‘‘§ 280. Prohibitions against the financing of ter-
rorism 
‘‘(a) OFFENSES.— 
‘‘(1) IN
GENERAL.—Whoever, in a circumstance de-
scribed in subsection (b), by any means, directly or indi-
rectly, unlawfully and knowingly provides or collects funds 
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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 im-
plemented by the United States, or 
‘‘(B) any other act intended to cause death or seri-
ous 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). 
‘‘(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 
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‘‘(ii) another state or a government facility of 
such state, including its embassy or other diplo-
matic 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 com-
pel 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 of-
fense or the predicate act was conducted in, or the 
results thereof affected, interstate or foreign com-
merce; 
‘‘(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 reg-
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istered 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 
‘‘(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, dis-
tricts, commonwealths, territories, or possessions); and 
‘‘(2) knowingly conceals or disguises the nature, location, 
source, ownership, or control of any material support or re-
sources, or any funds or proceeds of such funds— 
‘‘(A) knowing or intending that the support or re-
sources 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 imprisoned for not more than 20 years. 
‘‘(2) SUBSECTION (c).—Whoever violates subsection (c) 
shall be imprisoned for not more than 10 years. 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘funds’ means assets of every kind, wheth-
er tangible or intangible, movable or immovable, however 
acquired, and legal documents or instruments in any form, 
including electronic or digital, evidencing title to, or inter-
est in, such assets, including coin, currency, bank credits, 
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travelers checks, bank checks, money orders, shares, securi-
ties, 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 em-
ployees 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; 
‘‘(B) the Convention for the Suppression of Unlawful 
Acts against the Safety of Civil Aviation, done at Mon-
treal on September 23, 1971; 
‘‘(C) the Convention on the Prevention and Punish-
ment of Crimes against Internationally Protected Per-
sons, including Diplomatic Agents, adopted by the Gen-
eral Assembly of the United Nations on December 14, 
1973; 
‘‘(D) the International Convention against the Tak-
ing 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 
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Aviation, supplementary to the Convention for the Sup-
pression 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 Suppres-
sion of Terrorist Bombings, adopted by the General As-
sembly 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 136; 
‘‘(10) the term ‘armed conflict’ does not include internal 
disturbances and tensions, such as riots, isolated and spo-
radic acts of violence, and other acts of a similar nature; 
‘‘(11) the term ‘material support or resources’ has the 
same meaning given that term in section 2339B(g)(4) of 
this title; and 
‘‘(12) 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 lo-
cated within the United States or organized under the laws of 
the United States, including any of the laws of its States, dis-
tricts, commonwealths, territories, or possessions, shall be liable 
to the United States for the sum of at least $10,000, if a per-
son responsible for the management or control of that legal en-
tity has, in that capacity, committed an offense set forth in 
subsection (a). 
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‘‘§ 281. Receiving military-type training from a 
foreign terrorist organization 
‘‘(a) OFFENSE.—Whoever, if a circumstance exists that is 
described in section 279(d), 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 imprisoned for ten years. To vio-
late this subsection, a person must have knowledge that the or-
ganization is a designated terrorist organization (as defined in 
subsection (c)(4)), that the organization has engaged or en-
gages in terrorist activity (as defined in section 212 of the Im-
migration 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) 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, pro-
duction, or assembly of any explosive, firearm or other 
weapon, including any weapon of mass destruction (as de-
fined in section 2232a(c)(2)); 
‘‘(2) 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 pub-
licly or privately owned; examples of critical infrastructure 
include gas and oil production, storage, or delivery systems, 
water supply systems, telecommunications networks, elec-
trical power generation or delivery systems, financing and 
banking systems, emergency services (including medical, 
police, fire, and rescue services), and transportation sys-
tems and services (including highways, mass transit, air-
lines, and airports); and 
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‘‘(3) the term ‘foreign terrorist organization’ means an 
organization designated as a terrorist organization under 
section 219(a)(1) of the Immigration and Nationality Act. 
‘‘§ 282. Civil remedies 
‘‘(a) ACTION
AND JURISDICTION.—Any national of the 
United States who suffers any loss by reason of an act of inter-
national terrorism, or the estate, survivors, or heirs of that na-
tional, may in a civil action in any appropriate district court 
of the United States recover threefold the damages sustained 
and the cost of the suit, including attorney’s fees. 
‘‘(b) ESTOPPEL UNDER UNITED STATES LAW.—A final 
judgment or decree rendered in favor of the United States in 
any criminal proceeding under section 102, 111, 112, 121, or 
123 of this title or section 46314, 46502, 46505, or 46506 of 
title 49 shall estop the defendant from denying the essential al-
legations of the criminal offense in any subsequent civil pro-
ceeding under this section. 
‘‘(c) ESTOPPEL UNDER FOREIGN LAW.—A final judgment 
or decree rendered in favor of any foreign state in any criminal 
proceeding shall, to the extent that such judgment or decree 
may be accorded full faith and credit under the law of the 
United States, estop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil pro-
ceeding under this section. 
‘‘(d) GENERAL VENUE.—A civil action under this section 
may be instituted the United States district court for any dis-
trict where any plaintiff resides or where any defendant resides 
or is served, or has an agent. Process in such a civil action may 
be served in any district where the defendant resides, is found, 
or has an agent. 
‘‘(e) SPECIAL MARITIME OR TERRITORIAL JURISDICTION.— 
If the actions giving rise to the claim occurred within the spe-
cial maritime and territorial jurisdiction of the United States, 
then a civil action under this section may be instituted in the 
United States district court for any district in which any plain-
tiff resides or the defendant resides, is served, or has an agent. 
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‘‘(f) SERVICE ON WITNESSES.—A witness in a civil action 
brought under this section may be served in any other district 
where the defendant resides, is found, or has an agent. 
‘‘(g) CONVENIENCE
OF
THE FORUM.—The district court 
shall not dismiss any action brought under this section on the 
grounds of the inconvenience or inappropriateness of the forum 
chosen, unless— 
‘‘(1) the action may be maintained in a foreign court 
that has jurisdiction over the subject matter and over all 
the defendants; 
‘‘(2) that foreign court is significantly more convenient 
and appropriate; and 
‘‘(3) that foreign court offers a remedy which is substan-
tially the same as the one available in the courts of the 
United States. 
‘‘(h) STATUTE OF LIMITATIONS.— 
‘‘(1) Subject to subsection (b), a civil action under this 
section shall not be maintained unless commenced within 4 
years after the date the cause of action accrued. 
‘‘(2) The time of the absence of the defendant from the 
United States or from any jurisdiction in which the same 
or a similar action arising from the same facts may be 
maintained by the plaintiff, or of any concealment of the 
defendant’s whereabouts, shall not be included in the 4- 
year period set forth in paragraph (1). 
‘‘(i) ACTS OF WAR.—No action shall be maintained under 
this section of this title for injury or loss by reason of an act 
of war. 
‘‘(j) LIMITATION ON DISCOVERY.—If a party to an action 
under this section seeks to discover the investigative files of the 
Department of Justice, the Assistant Attorney General, Deputy 
Attorney General, or Attorney General may object on the 
ground that compliance will interfere with a criminal investiga-
tion or prosecution of the incident, or a national security oper-
ation related to the incident, which is the subject of the civil 
litigation. The court shall evaluate any such objections in cam-
era and shall stay the discovery if the court finds that granting 
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the discovery request will substantially interfere with a criminal 
investigation or prosecution of the incident or a national secu-
rity operation related to the incident. The court shall consider 
the likelihood of criminal prosecution by the Government and 
other factors it deems to be appropriate. A stay of discovery 
under this subsection shall constitute a bar to the granting of 
a motion to dismiss under rules 12(b)(6) and 56 of the Federal 
Rules of Civil Procedure. If the court grants a stay of discovery 
under this subsection, it may stay the action in the interests 
of justice. 
‘‘(k) STAY OF ACTION FOR CIVIL REMEDIES.— 
‘‘(1) The Attorney General may intervene in any civil ac-
tion brought under this section for the purpose of seeking 
a stay of the civil action. A stay shall be granted if the 
court finds that the continuation of the civil action will sub-
stantially interfere with a criminal prosecution which in-
volves the same subject matter and in which an indictment 
has been returned, or interfere with national security oper-
ations related to the terrorist incident that is the subject 
of the civil action. A stay may be granted for up to 6 
months. The Attorney General may petition the court for 
an extension of the stay for additional 6-month periods 
until the criminal prosecution is completed or dismissed. 
‘‘(2) In a proceeding under this subsection, the Attorney 
General may request that any order issued by the court for 
release to the parties and the public omit any reference to 
the basis on which the stay was sought. 
‘‘(l) SUITS AGAINST GOVERNMENTS.—No action shall be 
maintained under this section against— 
‘‘(1) the United States, an agency of the United States, 
or an officer or employee of the United States or any agen-
cy thereof acting within his or her official capacity or under 
color of legal authority; or 
‘‘(2) a foreign state, an agency of a foreign state, or an 
officer or employee of a foreign state or an agency thereof 
acting within his or her official capacity or under color of 
legal authority. 
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‘‘(m) EXCLUSIVE JURISDICTION.—The district courts of the 
United States shall have exclusive original jurisdiction over an 
action brought under this section. 
‘‘§ 283. Definitions for subchapter 
‘‘As used in this subchapter— 
‘‘(1) the term ‘international terrorism’ means activities 
that— 
‘‘(A) involve violent acts or acts dangerous to human 
life that are a violation of the criminal laws of the 
United States or of any State, or that would be a 
criminal violation if committed within the jurisdiction 
of the United States or of any State; 
‘‘(B) appear to be 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 
mass destruction, assassination, or kidnapping; and 
‘‘(C) occur primarily outside the territorial jurisdic-
tion of the United States, or transcend national bound-
aries in terms of the means by which they are accom-
plished, the persons they appear intended to intimidate 
or coerce, or the locale in which their perpetrators op-
erate or seek asylum; 
‘‘(3) the term ‘person’ means any individual or entity ca-
pable of holding a legal or beneficial interest in property; 
‘‘(4) the term ‘act of war’ means any act occurring in 
the course of— 
‘‘(A) declared war; 
‘‘(B) armed conflict, whether or not war has been de-
clared, between two or more nations; or 
‘‘(C) armed conflict between military forces of any 
origin; and 
‘‘(5) the term ‘domestic terrorism’ means activities 
that— 
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‘‘(A) involve acts dangerous to human life that are 
a violation of the criminal laws of the United States or 
of any State; 
‘‘(B) appear to be 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 
mass destruction, assassination, or kidnapping; and 
‘‘(C) occur primarily within the territorial jurisdic-
tion of the United States. 
‘‘SUBCHAPTER C—MILITARY AND NAVY 
‘‘Sec. 
‘‘291.
Entering military, naval, or Coast Guard property. 
‘‘292.
Use of Army and Air Force as posse comitatus. 
‘‘293.
Prohibition on disruptions of funerals of members or former mem-
bers of the Armed Forces. 
‘‘294.
Demonstrations at cemeteries under the control of the National 
Cemetery Administration and at Arlington National Cemetery. 
‘‘§ 291. Entering military, naval, or Coast Guard 
property 
‘‘Whoever— 
‘‘(1) within the jurisdiction of the United States, goes 
upon any military, naval, or Coast Guard reservation, post, 
fort, arsenal, yard, station, or installation, for any purpose 
prohibited by law or lawful regulation; or 
‘‘(2) reenters or is found within any such reservation, 
post, fort, arsenal, yard, station, or installation, after hav-
ing been removed therefrom or ordered not to reenter by 
any officer or person in command or charge thereof; 
shall be or imprisoned not more than six months. 
‘‘§ 292. Use of Army and Air Force as posse com-
itatus 
‘‘Whoever, except in cases and under circumstances expressly 
authorized by the Constitution or Act of Congress, knowingly 
uses any part of the Army or the Air Force as a posse com-
itatus or otherwise to execute the laws shall be imprisoned not 
more than two years. 
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‘‘§ 293. Prohibition on disruptions of funerals of 
members or former members of the Armed 
Forces 
‘‘(a) PROHIBITION.—For any funeral of a member or former 
member of the Armed Forces that is not located at a cemetery 
under the control of the National Cemetery Administration or 
part of Arlington National Cemetery, it shall be unlawful for 
any person to engage in an activity during the period beginning 
60 minutes before and ending 60 minutes after such funeral, 
any part of which activity— 
‘‘(1)(A) takes place within the boundaries of the location 
of such funeral or takes place within 150 feet of the point 
of the intersection between— 
‘‘(i) the boundary of the location of such funeral; and 
‘‘(ii) a road, pathway, or other route of ingress to or 
egress from the location of such funeral; and 
‘‘(B) includes any individual willfully making or assisting 
in the making of any noise or diversion that is not part of 
such funeral and that disturbs or tends to disturb the 
peace or good order of such funeral with the intent of dis-
turbing the peace or good order of that funeral; or 
‘‘(2)(A) is within 300 feet of the boundary of the loca-
tion of such funeral; and 
‘‘(B) includes any individual willfully and without proper 
authorization impeding the access to or egress from such 
location with the intent to impede the access to or egress 
from such location. 
‘‘(b) PENALTY.—Any person who violates subsection (a) 
shall be fined under this title, imprisoned for not more than 1 
year, or both. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Armed Forces’ has the meaning given the 
term in section 101 of title 10. 
‘‘(2) The term ‘funeral of a member or former member 
of the Armed Forces’ means any ceremony or memorial 
service held in connection with the burial or cremation of 
a member or former member of the Armed Forces. 
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‘‘(3) The term ‘boundary of the location’, with respect to 
a funeral of a member or former member of the Armed 
Forces, means— 
‘‘(A) in the case of a funeral of a member or former 
member of the Armed Forces that is held at a ceme-
tery, the property line of the cemetery; 
‘‘(B) in the case of a funeral of a member or former 
member of the Armed Forces that is held at a mor-
tuary, the property line of the mortuary; 
‘‘(C) in the case of a funeral of a member or former 
member of the Armed Forces that is held at a house 
of worship, the property line of the house of worship; 
and 
‘‘(D) in the case of a funeral of a member or former 
member of the Armed Forces that is held at any other 
kind of location, the reasonable property line of that lo-
cation. 
‘‘§ 294. Demonstrations at cemeteries under the 
control of the National Cemetery Adminis-
tration and at Arlington National Ceme-
tery 
‘‘Whoever violates section 2413 of title 38 shall be fined 
under this title, imprisoned for not more than one year, or 
both. 
‘‘SUBCHAPTER D—CIVIL DISORDERS AND RIOTS 
‘‘Sec. 
‘‘296.
Civil disorders. 
‘‘§ 296. Civil disorders 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) teaches or demonstrates to any other person the 
use, application, or making of any firearm or explosive or 
incendiary device, or technique capable of causing injury or 
death to persons, knowing or having reason to know or in-
tending that the same will be unlawfully employed for use 
in, or in furtherance of, a civil disorder which is in or af-
fects interstate or foreign commerce or the performance of 
any federally protected function; 
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‘‘(2) transports or manufactures for transportation in or af-
fecting interstate or foreign commerce any firearm or explosive 
or incendiary device, knowing or having reason to know or in-
tending that the same will be used unlawfully in furtherance of 
a civil disorder; or 
‘‘(3) commits or attempts to commit any act to obstruct, im-
pede, or interfere with any fireman or law enforcement officer 
lawfully engaged in the lawful performance of official duties in-
cident to and during the commission of a civil disorder which 
is in or affects commerce or the conduct or performance of any 
federally protected function; 
shall be imprisoned not more than five years. 
‘‘(b) LAW ENFORCMENT EXCLUSION.—Nothing in this sec-
tion makes unlawful any act of any law enforcement officer 
which is performed in the lawful performance of official duties. 
‘‘(c) DEFINTIONS.—The following definitions apply in this 
section: 
‘‘(1) The term ‘civil disorder’ means any public disturb-
ance involving acts of violence by assemblages of three or 
more persons, which causes an immediate danger of or re-
sults in damage or injury to the property or person of any 
other individual. 
‘‘(2) 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 instru-
mentality of the United States or by an officer or employee 
thereof; and such term includes the collection and distribu-
tion of the United States mails. 
‘‘(3) The term ‘firearm’ means any weapon which is de-
signed to or may readily be converted to expel any projec-
tile by the action of an explosive; or the frame or receiver 
of any such weapon. 
‘‘(4) 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 
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100 
‘‘(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 com-
pound; and 
‘‘(ii) can be carried or thrown by one individual 
acting alone. 
‘‘(5) The term ‘fireman’ means any member of a fire de-
partment (including a volunteer fire department) of any 
State, any political subdivision of a State. 
‘‘(6) The term ‘law enforcement officer’ means any offi-
cer or employee of the United States, of any State or any 
political subdivision of a State while engaged in the en-
forcement or prosecution of any of the criminal laws of the 
United States or of that State or subdivision; and such 
term includes members of the National Guard (as defined 
in section 101 of title 10), members of the organized militia 
of a State (as defined in section 101 of title 10), and mem-
bers of the Armed Forces of the United States, while en-
gaged in suppressing acts of violence or restoring law and 
order during a civil disorder. 
‘‘(d) NON-PREMPTION.—Nothing in this section shall be con-
strued as indicating an intent on the part of Congress to oc-
cupy the field in which any provisions of the section operate to 
the exclusion of State or local laws on the same subject matter, 
nor shall any provision of this section be construed to invalidate 
any provision of State law unless such provision is inconsistent 
with any of the purposes of this section or any provision there-
of. 
‘‘SUBCHAPTER E—ESPIONAGE AND CENSORSHIP 
‘‘Sec. 
‘‘301.
General provisions for subchapter. 
‘‘302.
Gathering or transmitting defense information. 
‘‘303.
Losing defense information. 
‘‘304.
Disclosure of classified and other similarly protected information. 
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‘‘§ 301. General provisions for subchapter 
‘‘(a) DEFINITION.—In this subchapter, the term ‘foreign 
power’ has the meaning given that term in section 101(a) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801(a)). 
‘‘(b) EXCLUSION RELATING TO LAWFUL DEMANDS OF CON-
GRESS.—Nothing in this subchapter prohibits the furnishing, 
upon lawful demand, of information to any regularly con-
stituted committee of the Senate or House of Representatives 
of the United States of America, or joint committee thereof. 
‘‘§ 302. Gathering or transmitting defense informa-
tion 
‘‘Whoever, with intent or reason to believe that the informa-
tion will be used to the injury of the United States, or to the 
advantage of any foreign power, knowingly— 
‘‘(1) obtains information connected with the national de-
fense; or 
‘‘(2) provides information connected with the national 
defense to any person not entitled to receive it; 
or attempts or conspires to do so, shall be imprisoned for life 
or for any term of years, and if death results, shall be subject 
to the death penalty. 
‘‘§ 303. Losing defense information 
‘‘Whoever, or having lawful possession or control of any in-
formation connected with the national defense— 
‘‘(1) recklessly permits that information to be lost, sto-
len, or destroyed; or 
‘‘(2) knowing that the information has been lost, or sto-
len, or destroyed, fails to make prompt report of that fact 
to an appropriate superior officer; 
shall be fined under this title or imprisoned not more than 20 
years, or both. 
‘‘§ 304. Disclosure of classified and other similarly 
protected information 
‘‘(a) OFFENSE.—Whoever knowingly provides protected in-
formation to a person not entitled to receive it, or knowingly 
uses protected information to the injury of the United States, 
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