dreamproit/uscode huggingface dataset:
18 U.S.C. § 12 (CRIMES AND CRIMINAL PROCEDURE)
§ 12. United States Postal Service defined
As used in this title, the term “Postal Service” means the United States Postal Service established under title 39, and every officer and employee of that Service, whether or not such officer or employee has taken the oath of office.
(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 91–375, § 6(j)(2), Aug. 12, 1970, 84 Stat. 777; Pub. L. 101–647, title XXXV, § 3505, Nov. 29, 1990, 104 Stat. 4921.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 301, 360 (Mar. 4, 1909, ch. 321, §§ 230, 231, 35 Stat. 1134).
This section consolidates sections 301 and 360 of title 18, U.S.C., 1940 ed., with necessary changes in phraseology.
heading: Amendments
text: 1990—Pub. L. 101–647 substituted “whether or not such officer or employee has taken the oath of office” for “whether he has taken the oath of office”.
1970—Pub. L. 91–375 inserted “United States” before “Postal Service” in section catchline and substituted in text as definition of “Postal Service” the United States Postal Service established under title 39, and every officer and employee of that Service, whether he has taken the oath of office, for prior definition which included the Post Office Department and every employee, thereof, whether or not he has taken the oath of office.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
18 U.S.C. § 14 (CRIMES AND CRIMINAL PROCEDURE)
[§ 14. Repealed. Pub. L. 107–273, div. B, title IV, § 4004(a), Nov. 2, 2002, 116 Stat. 1812]
text: Section, act June 25, 1948, ch. 645, 62 Stat. 686; Aug. 5, 1953, ch. 325, 67 Stat. 366; Pub. L. 87–845, § 3(a), Oct. 18, 1962, 76A Stat. 698; Pub. L. 90–357, § 59, June 22, 1968, 82 Stat. 248; Pub. L. 101–647, title XXXV, § 3519(c), Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103–322, title XXXIII, § 330010(9), Sept. 13, 1994, 108 Stat. 2143, listed Title 18 sections applicable to and within Canal Zone.
18 U.S.C. § 15 (CRIMES AND CRIMINAL PROCEDURE)
§ 15. Obligation or other security of foreign government defined
The term “obligation or other security of any foreign government” includes, but is not limited to, uncanceled stamps, whether or not demonetized.
(Added Pub. L. 85–921, § 3, Sept. 2, 1958, 72 Stat. 1771.)
18 U.S.C. § 16 (CRIMES AND CRIMINAL PROCEDURE)
§ 16. Crime of violence defined
The term “crime of violence” means—
(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(Added Pub. L. 98–473, title II, § 1001(a), Oct. 12, 1984, 98 Stat. 2136.)
18 U.S.C. § 17 (CRIMES AND CRIMINAL PROCEDURE)
§ 17. 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 defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.
(b) Burden of Proof.—
The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
(Added Pub. L. 98–473, title II, § 402(a), Oct. 12, 1984, 98 Stat. 2057, § 20; renumbered § 17, Pub. L. 99–646, § 34(a), Nov. 10, 1986, 100 Stat. 3599.)
18 U.S.C. § 18 (CRIMES AND CRIMINAL PROCEDURE)
§ 18. Organization defined
As used in this title, the term “organization” means a person other than an individual.
(Added Pub. L. 99–646, § 38(a), Nov. 10, 1986, 100 Stat. 3599; amended Pub. L. 100–185, § 4(c), Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100–690, title VII, § 7012, Nov. 18, 1988, 102 Stat. 4395.)
heading: Amendments
text: 1988—Pub. L. 100–690 made technical correction of directory language of Pub. L. 99–646, § 38(a), similar to that made by Pub. L. 100–185.
1987—Pub. L. 100–185 made technical correction in directory language of Pub. L. 99–646, § 38(a).
18 U.S.C. § 19 (CRIMES AND CRIMINAL PROCEDURE)
§ 19. Petty offense defined
As used in this title, the term “petty offense” means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization.
(Added Pub. L. 100–185, § 4(a), Dec. 11, 1987, 101 Stat. 1279; amended Pub. L. 100–690, title VII, § 7089(a), Nov. 18, 1988, 102 Stat. 4409.)
heading: Amendments
text: 1988—Pub. L. 100–690 inserted “, 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” after “infraction”.
18 U.S.C. § 21 (CRIMES AND CRIMINAL PROCEDURE)
§ 21. Stolen or counterfeit nature of property for certain crimes defined
(a) Wherever in this title it is an element of an offense that—
(1) any property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated; and
(2) the defendant knew that the property was of such character;
such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated.
(b) For purposes of this section, the term “official representation” means any representation made by a Federal law enforcement officer (as defined in section 115) or by another person at the direction or with the approval of such an officer.
(Added Pub. L. 103–322, title XXXII, § 320910(a), Sept. 13, 1994, 108 Stat. 2127.)
18 U.S.C. § 23 (CRIMES AND CRIMINAL PROCEDURE)
§ 23. 1 Court of the United States defined
As used in this title, except where otherwise expressly provided 2 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.
(Added Pub. L. 103–322, title XXXII, § 320914(a), Sept. 13, 1994, 108 Stat. 2128.)
18 U.S.C. § 24 (CRIMES AND CRIMINAL PROCEDURE)
§ 24. Definitions relating to Federal health care offense
(a) As used in this title, the term “Federal health care offense” means a violation of, or a criminal conspiracy to violate—
(1) section 669, 1035, 1347, or 1518 of this title or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b); or
(2) section 287, 371, 664, 666, 1001, 1027, 1341, 1343, 1349, or 1954 of this title section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131), or section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974,,1 if the violation or conspiracy relates to a health care benefit program.
(b) As used in this title, the term “health care benefit program” means any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract.
(Added Pub. L. 104–191, title II, § 241(a), Aug. 21, 1996, 110 Stat. 2016; amended Pub. L. 111–148, title VI, § 6602, title X, § 10606(c), Mar. 23, 2010, 124 Stat. 780, 1008.)
heading: References in Text
text: Sections 411, 518, and 511 of the Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(2), are classified to sections 1111, 1148, and 1141, respectively, of Title 29, Labor.
heading: Amendments
text: 2010—Subsec. (a)(1). Pub. L. 111–148, § 10606(c)(1), substituted “or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b); or” for semicolon.
Subsec. (a)(2). Pub. L. 111–148, § 10606(c)(2)(B), which directed insertion of “section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131),” after “title,” was executed by making the insertion after “title” to reflect the probable intent of Congress because “title,” did not appear subsequent to amendment by Pub. L. 111–148, § 6602. See below.
Pub. L. 111–148, § 10606(c)(2)(A), inserted “1349,” after “1343,”.
Pub. L. 111–148, § 6602, inserted “or section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974,” after “1954 of this title”.
18 U.S.C. § 25 (CRIMES AND CRIMINAL PROCEDURE)
§ 25. Use of minors in crimes of violence
(a) Definitions.—
In this section, the following definitions shall apply:
(1) Crime of violence.—
The term “crime of violence” has the meaning set forth in section 16.
(2) Minor.—
The term “minor” means a person who has not reached 18 years of age.
(3) Uses.—
The term “uses” means employs, hires, persuades, induces, entices, or coerces.
(b) Penalties.—
Any person who is 18 years of age or older, who intentionally uses a minor to commit a crime of violence for which such person may be prosecuted in a court of the United States, or to assist in avoiding detection or apprehension for such an offense, shall—
(1) for the first conviction, be subject to twice the maximum term of imprisonment and twice the maximum fine that would otherwise be authorized for the offense; and
(2) for each subsequent conviction, be subject to 3 times the maximum term of imprisonment and 3 times the maximum fine that would otherwise be authorized for the offense.
(Added Pub. L. 108–21, title VI, § 601[(a)], Apr. 30, 2003, 117 Stat. 686.)
18 U.S.C. § 26 (CRIMES AND CRIMINAL PROCEDURE)
§ 26. Definition of seaport
As used in this title, the term “seaport” means all piers, wharves, docks, and similar structures, adjacent to any waters subject to the jurisdiction of the United States, to which a vessel may be secured, including areas of land, water, or land and water under and in immediate proximity to such structures, buildings on or contiguous to such structures, and the equipment and materials on such structures or in such buildings.
(Added Pub. L. 109–177, title III, § 302(c), Mar. 9, 2006, 120 Stat. 233.)
18 U.S.C. § 27 (CRIMES AND CRIMINAL PROCEDURE)
§ 27. Mortgage lending business defined
In this title, the term “mortgage lending business” means an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage companies and any subsidiaries of such organizations, and whose activities affect interstate or foreign commerce.
(Added Pub. L. 111–21, § 2(b)(1), May 20, 2009, 123 Stat. 1617.)
18 U.S.C. § 33 (CRIMES AND CRIMINAL PROCEDURE)
§ 33. Destruction of motor vehicles or motor vehicle facilities
(a) Whoever willfully, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to, any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo or material used or intended to be used in connection with its operation; or
Whoever willfully, with like intent, damages, disables, destroys, sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; or
Whoever, with like intent, willfully disables or incapacitates any driver or person employed in connection with the operation or maintenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such; or
Whoever willfully attempts or conspires to do any of the aforesaid acts—
shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever is convicted of a violation of subsection (a) involving a motor vehicle that, at the time the violation occurred, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be fined under this title and imprisoned for any term of years not less than 30, or for life.
(Added July 14, 1956, ch. 595, § 1, 70 Stat. 540; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–88, title IV, § 402(a), Dec. 29, 1995, 109 Stat. 955; Pub. L. 109–177, title IV, § 406(c)(1), Mar. 9, 2006, 120 Stat. 245.)
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–177 inserted “or conspires” before “to do any of the aforesaid acts” in fourth par.
1995—Pub. L. 104–88 designated existing provisions as subsec. (a) and added subsec. (b).
1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
heading: Effective Date of 1995 Amendment
text: Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of Title 49, Transportation.
18 U.S.C. § 34 (CRIMES AND CRIMINAL PROCEDURE)
§ 34. Penalty when death results
Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life.
(Added July 14, 1956, ch. 595, § 1, 70 Stat. 540; amended Pub. L. 103–322, title VI, § 60003(a)(1), Sept. 13, 1994, 108 Stat. 1968.)
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “imprisonment for life.” for “imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order.”
18 U.S.C. § 35 (CRIMES AND CRIMINAL PROCEDURE)
§ 35. Imparting or conveying false information
(a) Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States.
(b) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title—shall be fined under this title, or imprisoned not more than five years, or both.
(Added July 14, 1956, ch. 595, § 1, 70 Stat. 540; amended Pub. L. 87–338, Oct. 3, 1961, 75 Stat. 751; Pub. L. 89–64, July 7, 1965, 79 Stat. 210; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.
1965—Subsec. (a). Pub. L. 89–64 substituted “subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States” for “fined not more than $1,000, or imprisoned not more than one year, or both”.
1961—Pub. L. 87–338 designated existing provisions as subsec. (a), struck out “willfully” before “imparts or conveys”, and added subsec. (b).
18 U.S.C. § 36 (CRIMES AND CRIMINAL PROCEDURE)
§ 36. Drive-by shooting
(a) Definition.—
In this section, “major drug offense” means—
(1) a continuing criminal enterprise punishable under section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c));
(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) section 1 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 963); or
(3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)).
(b) Offense and Penalties.—
(1) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both.
(2) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of 2 or more persons and who, in the course of such conduct, kills any person shall, if the killing—
(A) is a first degree murder (as defined in section 1111(a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or
(B) is a murder other than a first degree murder (as defined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both.
(Added Pub. L. 103–322, title VI, § 60008(b), Sept. 13, 1994, 108 Stat. 1971; amended Pub. L. 104–294, title VI, § 604(b)(30), Oct. 11, 1996, 110 Stat. 3508.)
heading: Amendments
text: 1996—Subsec. (a)(1), (2). Pub. L. 104–294 substituted “408(c)” for “403(c)” in par. (1) and “Export” for “Export Control” in par. (2).
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.
heading: Short Title
text: Pub. L. 103–322, title VI, § 60008(a), Sept. 13, 1994, 108 Stat. 1971, provided that: “This section [enacting this section] may be cited as the ‘Drive-By Shooting Prevention Act of 1994’.”
18 U.S.C. § 39 (CRIMES AND CRIMINAL PROCEDURE)
§ 39. Traffic signal preemption transmitters
(a) Offenses.—
(1) Sale.—
Whoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a nonqualifying user shall be fined under this title, or imprisoned not more than 1 year, or both.
(2) Use.—
Whoever, in or affecting interstate or foreign commerce, being a nonqualifying user makes unauthorized use of a traffic signal preemption transmitter shall be fined under this title, or imprisoned not more than 6 months, or both.
(b) Definitions.—
In this section, the following definitions apply:
(1) Traffic signal preemption transmitter.—
The term “traffic signal preemption transmitter” means any mechanism that can change or alter a traffic signal’s phase time or sequence.
(2) Nonqualifying user.—
The term “nonqualifying user” means a person who uses a traffic signal preemption transmitter and is not acting on behalf of a public agency or private corporation authorized by law to provide fire protection, law enforcement, emergency medical services, transit services, maintenance, or other services for a Federal, State, or local government entity, but does not include a person using a traffic signal preemption transmitter for classroom or instructional purposes.
(Added Pub. L. 109–59, title II, § 2018(a), Aug. 10, 2005, 119 Stat. 1542.)
heading: Codification
text: Another section 39 was renumbered section 40 of this title.
18 U.S.C. § 39A (CRIMES AND CRIMINAL PROCEDURE)
§ 39A. Aiming a laser pointer at an aircraft
(a) Offense.—
Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both.
(b) Laser Pointer Defined.—
As used in this section, the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.
(c) Exceptions.—
This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft, by—
(1) an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct such research and development or flight test operations;
(2) members or elements of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training; or
(3) by an individual using a laser emergency signaling device to send an emergency distress signal.
(d) Authority To Establish Additional Exceptions by Regulation.—
The Attorney General, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such additional exceptions to this section as may be necessary and appropriate. The Attorney General shall provide written notification of any proposed regulations under this section to the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, not less than 90 days before such regulations become final.
(Added Pub. L. 112–95, title III, § 311(a), Feb. 14, 2012, 126 Stat. 65.)
18 U.S.C. § 40 (CRIMES AND CRIMINAL PROCEDURE)
§ 40. Commercial motor vehicles required to stop for inspections
(a) A driver of a commercial motor vehicle (as defined in section 31132 of title 49) shall stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized employee of the Federal Motor Carrier Safety Administration of the Department of Transportation, at or in the vicinity of an inspection site. The driver shall not leave the inspection site until authorized to do so by an authorized employee.
(b) A driver of a commercial motor vehicle, as defined in subsection (a), who knowingly fails to stop for inspection when directed to do so by an authorized employee of the Administration at or in the vicinity of an inspection site, or leaves the inspection site without authorization, shall be fined under this title or imprisoned not more than 1 year, or both.
(Added Pub. L. 109–59, title IV, § 4143(a), Aug. 10, 2005, 119 Stat. 1747, § 39; renumbered § 40, Pub. L. 110–244, title III, § 301(j), June 6, 2008, 122 Stat. 1616.)
heading: Amendments
text: 2008—Pub. L. 110–244 renumbered section 39 of this title, relating to inspection of commercial vehicles, as this section.
18 U.S.C. § 44 (CRIMES AND CRIMINAL PROCEDURE)
[§ 44. Repealed. Pub. L. 97–79, § 9(b)(2), Nov. 16, 1981, 95 Stat. 1079]
text: Section, acts June 25, 1948, ch. 645, 62 Stat. 687; Dec. 5, 1969, Pub. L. 91–135, § 8, 83 Stat. 281, related to marking of packages or containers used in the shipment of fish and wildlife. See section 3372(b) of Title 16, Conservation.
18 U.S.C. § 45 (CRIMES AND CRIMINAL PROCEDURE)
[§ 45. Repealed. Pub. L. 101–647, title XII, § 1206(a), Nov. 29, 1990, 104 Stat. 4832]
text: Section, act June 25, 1948, ch. 645, 62 Stat. 688, related to penalties for capturing or killing carrier pigeons.