dreamproit/uscode huggingface dataset:
18 U.S.C. § 3172 (CRIMES AND CRIMINAL PROCEDURE)
§ 3172. Definitions
As used in this chapter—
(1) the terms “judge” or “judicial officer” mean, unless otherwise indicated, any United States magistrate judge, Federal district judge, and
(2) the term “offense” means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal).
(Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2085; amended Pub. L. 98–473, title II, § 223(i), Oct. 12, 1984, 98 Stat. 2029; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Amendments
text: 1984—Par. (2). Pub. L. 98–473 substituted “Class B or C misdemeanor or an infraction” for “petty offense as defined in section 1(3) of this title”.
heading: Change of Name
text: “United States magistrate judge” substituted for “United States magistrate” in par. (1) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 3173 (CRIMES AND CRIMINAL PROCEDURE)
§ 3173. Sixth amendment rights
No provision of this chapter shall be interpreted as a bar to any claim of denial of speedy trial as required by amendment VI of the Constitution.
(Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2085.)
18 U.S.C. § 3182 (CRIMES AND CRIMINAL PROCEDURE)
§ 3182. Fugitives from State or Territory to State, District, or Territory
Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.
(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 104–294, title VI, § 601(f)(9), Oct. 11, 1996, 110 Stat. 3500.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 662 (R.S. § 5278).
Last sentence as to costs and expenses to be paid by the demanding authority was incorporated in section 3195 of this title.
Word “District” was inserted twice to make section equally applicable to fugitives found in the District of Columbia.
“Thirty days” was substituted for “six months” since, in view of modern conditions, the smaller time is ample for the demanding authority to act.
Minor changes were made in phraseology.
heading: Amendments
text: 1996—Pub. L. 104–294 inserted comma after “District” in section catchline and in two places in text.
18 U.S.C. § 3183 (CRIMES AND CRIMINAL PROCEDURE)
§ 3183. Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States
Whenever the executive authority of any State, Territory, District, or possession of the United States demands any American citizen or national as a fugitive from justice who has fled to a country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an indictment found or an affidavit made before a magistrate of the demanding jurisdiction, charging the fugitive so demanded with having committed treason, felony, or other offense, certified as authentic by the Governor or chief magistrate of such demanding jurisdiction, or other person authorized to act, the officer or representative of the United States vested with judicial authority to whom the demand has been made shall cause such fugitive to be arrested and secured, and notify the executive authorities making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear.
If no such agent shall appear within three months from the time of the arrest, the prisoner may be discharged.
The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled.
(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 107–273, div. B, title IV, § 4004(d), Nov. 2, 2002, 116 Stat. 1812.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 662c (Mar. 22, 1934, ch. 73, § 2, 48 Stat. 455).
Said section 662c was incorporated in this section and sections 752 and 3195 of this title.
Provision as to costs or expenses to be paid by the demanding authority were incorporated in section 3196 of this title.
Reference to the Philippine Islands was deleted as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946.
The attention of Congress is directed to the probability that this section may be of little, if any, possible use in view of present world conditions.
Minor changes were made in phraseology.
heading: Amendments
text: 2002—Pub. L. 107–273 struck out “or the Panama Canal Zone,” after “possession of the United States” in first par.
18 U.S.C. § 3186 (CRIMES AND CRIMINAL PROCEDURE)
§ 3186. Secretary of State to surrender fugitive
The Secretary of State may order the person committed under sections 3184 or 3185 of this title to be delivered to any authorized agent of such foreign government, to be tried for the offense of which charged.
Such agent may hold such person in custody, and take him to the territory of such foreign government, pursuant to such treaty.
A person so accused who escapes may be retaken in the same manner as any person accused of any offense.
(June 25, 1948, ch. 645, 62 Stat. 824.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 653 (R.S. § 5272).
Changes were made in phraseology and surplusage was deleted.
18 U.S.C. § 3187 (CRIMES AND CRIMINAL PROCEDURE)
§ 3187. Provisional arrest and detention within extra­territorial jurisdiction
The provisional arrest and detention of a fugitive, under sections 3042 and 3183 of this title, in advance of the presentation of formal proofs, may be obtained by telegraph upon the request of the authority competent to request the surrender of such fugitive addressed to the authority competent to grant such surrender. Such request shall be accompanied by an express statement that a warrant for the fugitive’s arrest has been issued within the jurisdiction of the authority making such request charging the fugitive with the commission of the crime for which his extradition is sought to be obtained.
No person shall be held in custody under telegraphic request by virtue of this section for more than ninety days.
(June 25, 1948, ch. 645, 62 Stat. 824.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 662d (Mar. 22, 1934, ch. 73, § 3, 48 Stat. 455).
Provision for expense to be borne by the demanding authority is incorporated in section 3195 of this title.
Changes were made in phraseology and arrangement.
18 U.S.C. § 3188 (CRIMES AND CRIMINAL PROCEDURE)
§ 3188. Time of commitment pending extradition
Whenever any person who is committed for rendition to a foreign government to remain until delivered up in pursuance of a requisition, is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, may order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered.
(June 25, 1948, ch. 645, 62 Stat. 824.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 654 (R.S. § 5273).
Changes in phraseology only were made.
18 U.S.C. § 3189 (CRIMES AND CRIMINAL PROCEDURE)
§ 3189. Place and character of hearing
Hearings in cases of extradition under treaty stipulation or convention shall be held on land, publicly, and in a room or office easily accessible to the public.
(June 25, 1948, ch. 645, 62 Stat. 824.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 657 (Aug. 3, 1882, ch. 378, § 1, 22 Stat. 215).
First word “All” was omitted as unnecessary.
18 U.S.C. § 3190 (CRIMES AND CRIMINAL PROCEDURE)
§ 3190. Evidence on hearing
Depositions, warrants, or other papers or copies thereof offered in evidence upon the hearing of any extradition case shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that the same, so offered, are authenticated in the manner required.
(June 25, 1948, ch. 645, 62 Stat. 824.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 655 (R.S. § 5271; Aug. 3, 1882, ch. 378, § 5, 22 Stat. 216).
Unnecessary words were deleted.
18 U.S.C. § 3191 (CRIMES AND CRIMINAL PROCEDURE)
§ 3191. Witnesses for indigent fugitives
On the hearing of any case under a claim of extradition by a foreign government, upon affidavit being filed by the person charged setting forth that there are witnesses whose evidence is material to his defense, that he cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or magistrate judge hearing the matter may order that such witnesses be subpenaed; and the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner as in the case of witnesses subpenaed in behalf of the United States.
(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 656 (Aug. 3, 1882, ch. 378, § 3, 22 Stat. 215).
Words “that similar” after “manner” were omitted as unnecessary.
heading: Amendments
text: 1968—Pub. L. 90–578 substituted “magistrate” for “commissioner”.
heading: Change of Name
text: Words “magistrate judge” substituted for “magistrate” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 3192 (CRIMES AND CRIMINAL PROCEDURE)
§ 3192. Protection of accused
Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any offense of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safekeeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused.
(June 25, 1948, ch. 645, 62 Stat. 825.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 659 (R.S. § 5275).
Words “crimes or” before “offenses” were omitted as unnecessary.
18 U.S.C. § 3194 (CRIMES AND CRIMINAL PROCEDURE)
§ 3194. Transportation of fugitive by receiving agent
Any agent appointed as provided in section 3182 of this title who receives the fugitive into his custody is empowered to transport him to the State or Territory from which he has fled.
(June 25, 1948, ch. 645, 62 Stat. 825.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 663 (R.S. § 5279).
Last sentence of said section 663, relating to rescue of such fugitive, was omitted as covered by section 752 of this title, the punishment provision of which is based on later statutes. (See reviser’s note under that section.)
Minor changes were made in phraseology.
18 U.S.C. § 3195 (CRIMES AND CRIMINAL PROCEDURE)
§ 3195. Payment of fees and costs
All costs or expenses incurred in any extradition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the demanding authority.
All witness fees and costs of every nature in cases of international extradition, including the fees of the magistrate judge, shall be certified by the judge or magistrate judge before whom the hearing shall take place to the Secretary of State of the United States, and the same shall be paid out of appropriations to defray the expenses of the judiciary or the Department of Justice as the case may be.
The Attorney General shall certify to the Secretary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State shall cause said amounts to be collected and transmitted to the Attorney General for deposit in the Treasury of the United States.
(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 662, 662c, 662d, 668 (R.S. § 5278; Aug. 3, 1882, ch. 378, § 4, 22 Stat. 216; June 28, 1902, ch. 1301, § 1, 32 Stat. 475; Mar. 22, 1934, ch. 73, §§ 2, 3, 48 Stat. 455).
First paragraph of this section consolidates provisions as to costs and expenses from said sections 662, 662c, and 662d.
Minor changes were made in phraseology and surplusage was omitted.
Remaining provisions of said sections 662, 662c, and 662d of title 18, U.S.C., 1940 ed., are incorporated in sections 752, 3182, 3183, and 3187 of this title.
The words “or the Department of Justice as the case may be” were added at the end of the second paragraph in conformity with the appropriation acts of recent years. See for example act July 5, 1946, ch. 541, title II, 60 Stat. 460.
heading: Amendments
text: 1968—Pub. L. 90–578 substituted “magistrate” for “commissioner” in two places.
heading: Change of Name
text: Words “magistrate judge” substituted for “magistrate” wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of a date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 3196 (CRIMES AND CRIMINAL PROCEDURE)
§ 3196. Extradition of United States citizens
If the applicable treaty or convention does not obligate the United States to extradite its citizens to a foreign country, the Secretary of State may, nevertheless, order the surrender to that country of a United States citizen whose extradition has been requested by that country if the other requirements of that treaty or convention are met.
(Added Pub. L. 101–623, § 11(a), Nov. 21, 1990, 104 Stat. 3356.)
18 U.S.C. § 3231 (CRIMES AND CRIMINAL PROCEDURE)
§ 3231. District courts
The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.
Nothing in this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof.
(June 25, 1948, ch. 645, 62 Stat. 826.)
heading: Historical and Revision Notes
text: Based on section 588d of title 12, U.S.C., 1940 ed., Banks and Banking; title 18, U.S.C., 1940 ed., §§ 546, 547 (Mar. 4, 1909, ch. 321, §§ 326, 340, 35 Stat. 1151, 1153; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; May 18, 1934, ch. 304, § 4, 48 Stat. 783).
This section was formed by combining sections 546 and 547 of title 18, U.S.C., 1940 ed., with section 588d of title 12, U.S.C., Banks and Banking, with no change of substance.
The language of said section 588d of title 12, U.S.C., 1940 ed., which related to bank robbery, or killing or kidnapping as an incident thereto (see section 2113, of this title), and which read “Jurisdiction over any offense defined by sections 588b and 588c of this title shall not be reserved exclusively to courts of the United States” was omitted as adequately covered by this section.
heading: Senate Revision Amendment
text: The text of this section was changed by Senate amendment. See Senate Report No. 1620, amendment No. 10, 80th Cong.
18 U.S.C. § 3233 (CRIMES AND CRIMINAL PROCEDURE)
§ 3233. Transfer within district—(Rule)
See Federal Rules of Criminal Procedure
Arraignment, plea, trial, sentence in district of more than one division, Rule 19.
(June 25, 1948, ch. 645, 62 Stat. 826.)
heading: References in Text
text: Rule 19 of the Federal Rules of Criminal Procedure, referred to in text, was rescinded Feb. 28, 1966, eff. July 1, 1966.
18 U.S.C. § 3235 (CRIMES AND CRIMINAL PROCEDURE)
§ 3235. Venue in capital cases
The trial of offenses punishable with death shall be had in the county where the offense was committed, where that can be done without great inconvenience.
(June 25, 1948, ch. 645, 62 Stat. 826.)
heading: Historical and Revision Notes
text: Based on section 101 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 40, 36 Stat. 1100).
18 U.S.C. § 3236 (CRIMES AND CRIMINAL PROCEDURE)
§ 3236. Murder or manslaughter
In all cases of murder or manslaughter, the offense shall be deemed to have been committed at the place where the injury was inflicted, or the poison administered or other means employed which caused the death, without regard to the place where the death occurs.
(June 25, 1948, ch. 645, 62 Stat. 826.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 553 (Mar. 4, 1909, ch. 321, § 336, 35 Stat. 1152).
18 U.S.C. § 3238 (CRIMES AND CRIMINAL PROCEDURE)
§ 3238. Offenses not committed in any district
The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district in which the offender, or any one of two or more joint offenders, is arrested or is first brought; but if such offender or offenders are not so arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders, or if no such residence is known the indictment or information may be filed in the District of Columbia.
(June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 88–27, May 23, 1963, 77 Stat. 48.)
heading: Historical and Revision Notes
text: Based on section 102 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 41, 36 Stat. 1100).
Words “begun or” were inserted to clarify scope of this section and section 3237 of this title.
This section is similar to section 219 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse, providing in part that unlawful issuance of passports may be prosecuted in the district where the offender may be arrested or in custody. Said provision is therefore omitted as covered by this section. The remaining provisions of said section 219 are incorporated in section 1541 of this title.
heading: Amendments
text: 1963—Pub. L. 88–27 authorized the trial of offenses not committed in any district in the district in which the offender, or any one of two or more joint offenders, is arrested; an indictment or information to be filed in the district of the last known residence of the offender or of any one of two or more joint offenders where the offender or offenders are not arrested or brought into any district; and an indictment or information to be filed in the District of Columbia where there is no knowledge of the residence of the offender or of any one of two or more joint offenders.
18 U.S.C. § 3239 (CRIMES AND CRIMINAL PROCEDURE)
§ 3239. Optional venue for espionage and related offenses
The trial for any offense involving a violation, begun or committed upon the high seas or elsewhere out of the jurisdiction of any particular State or district, of—
(1) section 793, 794, 798, or section 1030(a)(1) of this title;
(2) section 601 of the National Security Act of 1947 (50 U.S.C. 421); 1 or
(3) section 4(b) or 4(c) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b) or (c));
may be in the District of Columbia or in any other district authorized by law.
(Added Pub. L. 103–322, title XXXII, § 320909(a), Sept. 13, 1994, 108 Stat. 2127.)
heading: References in Text
text: The National Security Act of 1947, referred to in par. (2), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Section 601 of this Act is now classified to section 3121 of Title 50. For complete classification of this Act to the Code, see Tables.
heading: Prior Provisions
text: A prior section 3239, act June 25, 1948, ch. 645, 62 Stat. 827, related to threatening communications, prior to repeal by Pub. L. 98–473, title II, § 1204(b), Oct. 12, 1984, 98 Stat. 2152.