I 
112TH CONGRESS 
1ST SESSION H. R. 1823 
To modernize, shorten, and simplify the Federal criminal code, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2011 
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, and for other purposes. 
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 2011’’. 
SEC. 2. REVISION OF PART I OF TITLE 18, UNITED STATES 
CODE. 
Part I of title 18, United States Code, is amended 
to read as follows: 
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‘‘PART I—GENERAL PROVISIONS AND OFFENSES 
‘‘Chapter 
‘‘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 responsibil-
ities ..............................................................................
851 
‘‘29. Crimes related to protection of Government func-
tions 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: 
‘‘(1) 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. 
‘‘(2) The term ‘minor’ means an individual who 
is less than 18 years of age. 
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‘‘(3) The term ‘national of the United States’ 
has the meaning given in section 101(a)(22) of the 
Immigration and Nationality Act. 
‘‘(4) The term ‘organization’ means a person 
other than an individual. 
‘‘(5) 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 ju-
dicial branches of the government. 
‘‘(6) The term ‘agency’ means any department, 
independent establishment, commission, administra-
tion, authority, board, or bureau of the United 
States or any corporation in which the United States 
has a proprietary interest, unless the context shows 
that such term was intended to be used in a more 
limited sense. 
‘‘(7) 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. 
‘‘(8) The term ‘court of the United States’ in-
cludes the District Court of Guam, the District 
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Court for the Northern Mariana Islands, and the 
District Court of the Virgin Islands. 
‘‘(9) The term ‘foreign government’except in 
sections 102, 112, 121, 144, or 928, includes any 
government, faction, or body of insurgents within a 
country with which the United States is at peace, ir-
respective of recognition by the United States. 
‘‘(10) The term ‘crime of violence’ means— 
‘‘(A) an offense that has as an element the 
use, attempted use, or threatened use of phys-
ical force against the person or property of an-
other; 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 prop-
erty of another may be used in the course of 
committing the offense. 
‘‘(11) The term ‘petty offense’ means a Class B 
misdemeanor, a Class C misdemeanor, or an infrac-
tion, 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 sec-
tion 3571(c)(6) or (7) in the case of an organization. 
‘‘(12) The term ‘United States’, unless the con-
text otherwise requires, includes all places and wa-
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ters, continental or insular, subject to the jurisdic-
tion of the United States. 
‘‘(13) The term ‘State’ means a State of the 
United States, the District of Columbia, or any com-
monwealth, territory, or possession of the United 
States. 
‘‘(14) The term ‘interstate commerce’ means 
commerce between or among more than one State. 
‘‘(15) The term ‘foreign commerce’ means com-
merce with a foreign country. 
‘‘(16) The term ‘facility of interstate or foreign 
commerce’ includes a means of transportation and 
communication in or affecting interstate or foreign 
commerce; 
‘‘(17) The term ‘health care benefit program’ 
means any public or private plan or contract, affect-
ing commerce, under which any medical benefit, 
item, or service is provided to any individual, and in-
cludes any individual or entity who is providing a 
medical benefit, item, or service for which payment 
may be made under the plan or contract. 
‘‘(18) The term ‘Federal health care offense’ 
means a violation of— 
‘‘(A) section 655, 792, or 806 of this title, 
or section 1128B of the Social Security Act; or 
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‘‘(B) section 504, 651, 653, 772, 782, 801, 
803, or 1017 of this title, section 411, 518, or 
511 of the Employee Retirement Income Secu-
rity Act of 1974, section 301 of the Federal 
Food, Drug, and Cosmetic Act, or section 501 
of the Employee Retirement Income Security 
Act of 1974, if the violation relates to a health 
care benefit program. 
‘‘(19) The term ‘financial institution’ means— 
‘‘(A) an insured depository institution (as 
defined in section 3(c)(2) of the Federal De-
posit Insurance Act); 
‘‘(B) a credit union with accounts insured 
by the National Credit Union Administration; 
‘‘(C) a Federal home loan bank or a mem-
ber of the Federal home loan bank system (as 
such terms are defined in section 2 of the Fed-
eral Home Loan Bank Act); 
‘‘(D) a System institution of the Farm 
Credit System (as defined in section 5.35(3) of 
the Farm Credit Act of 1971); 
‘‘(E) a small business investment company 
(as defined in section 103 of the Small Busi-
ness Investment Act of 1958); 
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‘‘(F) a depository institution holding com-
pany (as defined in section 3(w)(1) of the Fed-
eral Deposit Insurance Act); 
‘‘(G) a Federal Reserve bank or a member 
bank of the Federal Reserve System; 
‘‘(H) an organization operating under sec-
tion 25 or section 25A of the Federal Reserve 
Act; 
‘‘(I) a branch or agency of a foreign bank 
(as such terms are defined in section 1(b) of 
the International Banking Act of 1978); and 
‘‘(J) a mortgage lending business or any 
person or entity that makes in whole or in part 
a federally related mortgage loan (as defined in 
section 3 of the Real Estate Settlement Proce-
dures Act of 1974). 
‘‘(20) The term ‘mortgage lending business’ 
means an organization which finances or refinances 
any debt secured by an interest in real estate, in-
cluding private mortgage companies and any subsidi-
aries of such organizations, and whose activities af-
fect interstate or foreign commerce. 
‘‘(21) The term ‘national bank’ is synonymous 
with ‘national banking association’. 
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‘‘(22) The term ‘obligation or other security of 
any foreign government’ includes uncanceled stamps, 
whether or not demonetized. 
‘‘(23) The term ‘special maritime and territorial 
jurisdiction of the United States’ means the fol-
lowing: 
‘‘(A) The high seas, any other waters with-
in the admiralty and maritime jurisdiction of 
the United States and out of the jurisdiction of 
any particular State, and any vessel belonging 
in whole or in part to the United States or any 
citizen thereof, or to any corporation created by 
or under the laws of the United States, or of 
any State, when such vessel is within the admi-
ralty and maritime jurisdiction of the United 
States and out of the jurisdiction of any par-
ticular State. 
‘‘(B) Any vessel registered, licensed, or en-
rolled under the laws of the United States, and 
being on a voyage upon the waters of any of the 
Great Lakes, or any of the waters connecting 
them, or upon the Saint Lawrence River where 
the same constitutes the International Bound-
ary Line. 
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‘‘(C) Any lands reserved or acquired for 
the use of the United States, and under the ex-
clusive or concurrent jurisdiction thereof, or any 
place purchased or otherwise acquired by the 
United States by consent of the legislature of 
the State in which the same shall be, for the 
erection of a fort, magazine, arsenal, dockyard, 
or other needful building. 
‘‘(D) Any aircraft belonging in whole or in 
part to the United States, or any citizen there-
of, or to any corporation created by or under 
the laws of the United States, or any State, 
while such aircraft is in flight over the high 
seas, or over any other waters within the admi-
ralty and maritime jurisdiction of the United 
States and out of the jurisdiction of any par-
ticular State. 
‘‘(E) Any vehicle used or designed for 
flight or navigation in space and on the registry 
of the United States pursuant to the Treaty on 
Principles Governing the Activities of States in 
the Exploration and Use of Outer Space, In-
cluding the Moon and Other Celestial Bodies 
and the Convention on Registration of Objects 
Launched into Outer Space, while that vehicle 
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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 com-
petent authorities take over the responsibility 
for the vehicle and for persons and property 
aboard. 
‘‘(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 inter-
national law, any foreign vessel during a voyage 
having a scheduled departure from or arrival in 
the United States with respect to an offense 
committed by or against a national of the 
United States. 
‘‘(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 Government missions or en-
tities in foreign States, including the build-
ings, parts of buildings, and land appur-
tenant or ancillary thereto or used for pur-
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poses of those missions or entities, irre-
spective of ownership; and 
‘‘(ii) residences in foreign States and 
the land appurtenant or ancillary thereto, 
irrespective of ownership, used for pur-
poses of those missions or entities or used 
by United States personnel assigned to 
those missions or entities. 
Nothing in clause (ii) supersedes any treaty or 
international agreement. Clause (ii) does not 
apply with respect to an offense committed by 
a person described in section 3261(a). 
‘‘(24) 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 cor-
poration created by or under the laws of the United 
States, or of any State. 
‘‘(25) The term ‘serious bodily injury’ means— 
‘‘(A) bodily injury which involves— 
‘‘(i) a substantial risk of death or un-
consciousness; 
‘‘(ii) extreme physical pain; 
‘‘(iii) protracted and obvious dis-
figurement; or 
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‘‘(iv) protracted loss or impairment of 
the function of a bodily member, organ, or 
mental or sensory faculty; or 
‘‘(B) the condition of being a victim of 
conduct that, had it occurred in the special 
maritime or territorial jurisdiction of the 
United States, would have violated subchapter 
A of chapter 13. 
‘‘(26) The term ‘substantial bodily injury’ 
means bodily injury which involves— 
‘‘(A) a temporary but substantial disfigure-
ment; or 
‘‘(B) a temporary but substantial loss or 
impairment of the function of any bodily mem-
ber, organ, or mental or sensory faculty. 
‘‘(27) The term ‘bodily injury’ means— 
‘‘(A) a cut, abrasion, bruise, burn, or dis-
figurement; 
‘‘(B) physical pain; 
‘‘(C) illness; 
‘‘(D) impairment of the function of a bod-
ily member, organ, or mental or sensory faculty; 
or 
‘‘(E) any other injury to the body, no mat-
ter how temporary. 
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‘‘(28) The term ‘controlled substance’ means a 
controlled substance as defined in section 102 of the 
Controlled Substances Act. 
‘‘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, com-
mands, induces, or procures its commission, is punishable 
as a principal. 
‘‘(b) FOR CONDUCT OF OTHERS.—Whoever inten-
tionally 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, comforts, 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 imprisoned not more than one-half the maximum 
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term of imprisonment or (notwithstanding section 3571) 
fined not more than one-half the maximum fine prescribed 
for the punishment of the principal, or both; or if the prin-
cipal is punishable by life imprisonment or death, the ac-
cessory shall be imprisoned not more than 15 years. 
‘‘§ 4. Misprision of felony 
‘‘Whoever, having knowledge of the actual commis-
sion of a felony offense against the United States, conceals 
and does not as soon as possible make known the same 
to some judge or other person in civil or military authority 
under the United States, shall be 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 
‘‘Unless otherwise provided by law, whoever attempts 
to commit an offense shall be punished as is provided for 
the completed offense. 
‘‘§ 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 
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of violence and under circumstances strongly corroborative 
of that intent, solicits such other person to engage in that 
offense, shall be imprisoned not more than one-half the 
maximum term of imprisonment or (notwithstanding sec-
tion 3571) fined not more than one-half of the maximum 
fine prescribed for the punishment of the crime solicited, 
or both; or if the crime solicited is punishable by life im-
prisonment 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 cir-
cumstances manifesting a voluntary and complete renunci-
ation of his criminal intent, the defendant prevented the 
commission of the crime solicited. A renunciation is not 
‘voluntary and complete’ if it is motivated in whole or in 
part by a decision to postpone the commission of the crime 
until another time or to substitute another victim or an-
other but similar objective. 
‘‘(c) LIMITATION ON DEFENSES.—It is not a defense 
to a prosecution under this section that the person solic-
ited could not be convicted of the crime because that per-
son lacked the state of mind required for its commission, 
was incompetent or irresponsible, or is immune from pros-
ecution, or not subject to, prosecution. 
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