dreamproit/uscode huggingface dataset:
18 U.S.C. § 1595A (CRIMES AND CRIMINAL PROCEDURE)
§ 1595A. Civil injunctions
(a) In General.—
Whenever it shall appear that any person is engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, chapter 110, or chapter 117, or a conspiracy under section 371 to commit a violation of this chapter, chapter 110, or chapter 117, the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act.
(b) Action by Court.—
The court shall proceed as soon as practicable to the hearing and determination of a civil action brought under subsection (a), and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the civil action is brought.
(c) Procedure.—
(1) In general.—
A proceeding under this section shall be governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery shall be governed by the Federal Rules of Criminal Procedure.
(2) Sealed proceedings.—
If a civil action is brought under subsection (a) before an indictment is returned against the respondent or while an indictment against the respondent is under seal—
(A) the court shall place the civil action under seal; and
(B) when the indictment is unsealed, the court shall unseal the civil action unless good cause exists to keep the civil action under seal.
(d) 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.
(Added Pub. L. 115–393, title II, § 201(a), Dec. 21, 2018, 132 Stat. 5266.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (c)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec. (c)(1), are set out in the Appendix to this title.
18 U.S.C. § 2258B (CRIMES AND CRIMINAL PROCEDURE)
§ 2258B. Limited liability for providers or domain name registrars
(a) In General.—
Except as provided in subsection (b), a civil claim or criminal charge against a provider or domain name registrar, including any director, officer, employee, or agent of such provider or domain name registrar arising from the performance of the reporting or preservation responsibilities of such provider or domain name registrar under this section, section 2258A, or section 2258C may not be brought in any Federal or State court.
(b) Intentional, Reckless, or Other Misconduct.—
Subsection (a) shall not apply to a claim if the provider or domain name registrar, or a director, officer, employee, or agent of that provider or domain name registrar—
(1) engaged in intentional misconduct; or
(2) acted, or failed to act—
(A) with actual malice;
(B) with reckless disregard to a substantial risk of causing physical injury without legal justification; or
(C) for a purpose unrelated to the performance of any responsibility or function under this section,1 sections 2258A, 2258C, 2702, or 2703.
(c) Minimizing Access.—
A provider and domain name registrar shall—
(1) minimize the number of employees that are provided access to any visual depiction provided under section 2258A or 2258C; and
(2) ensure that any such visual depiction is permanently destroyed, upon a request from a law enforcement agency to destroy the visual depiction.
(Added Pub. L. 110–401, title V, § 501(a), Oct. 13, 2008, 122 Stat. 4248; amended Pub. L. 115–395, § 3, Dec. 21, 2018, 132 Stat. 5292.)
heading: Amendments
text: 2018—Pub. L. 115–395, § 3(1), substituted “providers, or domain name registrars” for “electronic communication service providers, remote computing service providers, or domain name registrar” in section catchline.
Subsec. (a). Pub. L. 115–395, § 3(2), substituted “a provider” for “an electronic communication service provider, a remote computing service provider,” and substituted “such provider” for “such electronic communication service provider, remote computing service provider,” in two places.
Subsec. (b). Pub. L. 115–395, § 3(3), substituted “provider” for “electronic communication service provider, remote computing service provider,” in two places in introductory provisions.
Subsec. (c). Pub. L. 115–395, § 3(4), substituted “A provider” for “An electronic communication service provider, a remote computing service provider,” in introductory provisions and “visual depiction” for “image” wherever appearing in pars. (1) and (2).
18 U.S.C. § 2258D (CRIMES AND CRIMINAL PROCEDURE)
§ 2258D. Limited liability for NCMEC
(a) In General.—
Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided in subsections (b) and (c), a civil claim or criminal charge against NCMEC, including any director, officer, employee, or agent of NCMEC, arising from the performance of the CyberTipline responsibilities or functions of NCMEC, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293), or from the efforts of NCMEC to identify child victims may not be brought in any Federal or State court.
(b) Intentional, Reckless, or Other Misconduct.—
Subsection (a) shall not apply to a claim or charge if NCMEC, or a director, officer, employee, or agent of NCMEC—
(1) engaged in intentional misconduct; or
(2) acted, or failed to act—
(A) with actual malice;
(B) with reckless disregard to a substantial risk of causing injury without legal justification; or
(C) for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293).
(c) Ordinary Business Activities.—
Subsection (a) shall not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management.
(d) Minimizing Access.—
NCMEC shall—
(1) minimize the number of employees that are provided access to any visual depiction provided under section 2258A; and
(2) ensure that any such visual depiction is permanently destroyed upon notification from a law enforcement agency.
(Added Pub. L. 110–401, title V, § 501(a), Oct. 13, 2008, 122 Stat. 4250; amended Pub. L. 115–395, § 5(1), § 5(2), § 5(3), § 5(4), Dec. 21, 2018, 132 Stat. 5294.)
heading: Amendments
text: 2018—Pub. L. 115–395, § 5(1), substituted “NCMEC” for “the National Center for Missing and Exploited Children” in section catchline.
Subsec. (a). Pub. L. 115–395, § 5(2), substituted “Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided” for “Except as provided”, “against NCMEC” for “against the National Center for Missing and Exploited Children”, “(34 U.S.C. 11293)” for “(42 U.S.C. 5773)”, “of NCMEC” for “of such center” wherever appearing, and “from the efforts” for “from the effort”.
Subsec. (b). Pub. L. 115–395, § 5(3), substituted “if NCMEC” for “if the National Center for Missing and Exploited Children”, “of NCMEC” “of such center”, and “(34 U.S.C. 11293)” for (42 U.S.C. 5773)”.
Subsec. (d). Pub. L. 115–395, § 5(4), substituted “NCMEC” for “The National Center for Missing and Exploited Children” in introductory provisions and “visual depiction” for “image” in pars. (1) and (2).
18 U.S.C. § 2258E (CRIMES AND CRIMINAL PROCEDURE)
§ 2258E. Definitions
In sections 2258A through 2258E—
(1) the terms “attorney for the government” and “State” have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure;
(2) the term “electronic communication service” has the meaning given that term in section 2510;
(3) the term “electronic mail address” has the meaning given that term in section 3 of the CAN–SPAM Act of 2003 (15 U.S.C. 7702);
(4) the term “Internet” has the meaning given that term in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note);
(5) the term “remote computing service” has the meaning given that term in section 2711;
(6) the term “provider” means an electronic communication service provider or remote computing service;
(7) the term “NCMEC” means the National Center for Missing & Exploited Children; and
(8) the term “website” means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.
(Added Pub. L. 110–401, title V, § 501(a), Oct. 13, 2008, 122 Stat. 4250; amended Pub. L. 115–395, § 6, Dec. 21, 2018, 132 Stat. 5294.)
heading: References in Text
text: The Federal Rules of Criminal Procedure, referred to in par. (1), are set out in the Appendix to this title.
Section 1101 of the Internet Tax Freedom Act, referred to in par. (4), is section 1101 of title XI of div. C of Pub. L. 105–277, which is set out in a note under section 151 of Title 47, Telecommunications.
heading: Amendments
text: 2018—Pub. L. 115–395, § 6(1), substituted “2258E” for “2258D” in introductory provisions.
Pars. (6) to (8). Pub. L. 115–395, § 6(2)–(4), added pars. (6) and (7) and redesignated former par. (6) as (8).
18 U.S.C. § 2277 (CRIMES AND CRIMINAL PROCEDURE)
§ 2277. Explosives or dangerous weapons aboard vessels
(a) Whoever brings, carries, or possesses any dangerous weapon, instrument, or device, or any dynamite, nitroglycerin, or other explosive article or compound on board of any vessel documented under the laws of the United States, or any vessel purchased, requisitioned, chartered, or taken over by the United States pursuant to the provisions of Act June 6, 1941, ch. 174, 55 Stat. 242, as amended, without previously obtaining the permission of the owner or the master of such vessel; or
Whoever brings, carries, or possesses any such weapon or explosive on board of any vessel in the possession and under the control of the United States or which has been seized and forfeited by the United States or upon which a guard has been placed by the United States pursuant to the provisions of section 191 1 of Title 50, without previously obtaining the permission of the captain of the port in which such vessel is located, shall be fined under this title or imprisoned not more than one year, or both.
(b) This section shall not apply to the personnel of the Armed Forces of the United States or to officers or employees of the United States or of a State or of a political subdivision thereof, while acting in the performance of their duties, who are authorized by law or by rules or regulations to own or possess any such weapon or explosive.
(June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–304, § 17(d)(6), Oct. 6, 2006, 120 Stat. 1707.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 503, 504 (Dec. 31, 1941, ch. 642, §§ 1, 2, 55 Stat. 876).
Section consolidates sections 503 and 504 of title 18, U.S.C., 1940 ed.
Words “This section” were substituted in subsection (b) for the words “The provisions of sections 503, 504 of this title”.
Minor changes were made in phraseology.
heading: References in Text
text: Act June 6, 1941, ch. 174, 55 Stat. 242, as amended, referred to in subsec. (a), expired July 1, 1953.
Section 191 of Title 50, referred to in subsec. (a), was redesignated and transferred to section 70051 of Title 46, Shipping, by Pub. L. 115–282, title IV, § 407(b)(1), (5), Dec. 4, 2018, 132 Stat. 4267.
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–304 substituted “documented” for “registered, enrolled, or licensed”.
1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in second par.
18 U.S.C. § 2282B (CRIMES AND CRIMINAL PROCEDURE)
§ 2282B. Violence against aids to maritime navigation
Whoever intentionally destroys, seriously damages, alters, moves, or tampers with any aid to maritime navigation maintained by the Saint Lawrence Seaway Development Corporation under the authority of section 4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to section 81 1 of title 14, United States Code, or lawfully maintained under authority granted by the Coast Guard pursuant to section 83 of title 14, United States Code, if such act endangers or is likely to endanger the safe navigation of a ship, shall be fined under this title or imprisoned for not more than 20 years, or both.
(Added Pub. L. 109–177, title III, § 304(b)(1), Mar. 9, 2006, 120 Stat. 235.)
heading: References to Sections of Title 14 as Redesignated by Pub. L. 115–282
text: Section 81 of title 14 redesignated section 541 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 81 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a note preceding section 101 of Title 14, Coast Guard.
18 U.S.C. § 2426 (CRIMES AND CRIMINAL PROCEDURE)
§ 2426. Repeat offenders
(a) Maximum Term of Imprisonment.—
The maximum term of imprisonment for a violation of this chapter after a prior sex offense conviction shall be 3 times the term of imprisonment otherwise provided by this chapter, unless section 3559(e) applies.
(b) Definitions.—
In this section—
(1) the term “prior sex offense conviction” means a conviction for an offense—
(A) under this chapter, chapter 109A, chapter 110, or section 1591; or
(B) under State law for an offense consisting of conduct that would have been an offense under a chapter referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States; and
(2) the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(Added Pub. L. 105–314, title I, § 104(a), Oct. 30, 1998, 112 Stat. 2976; amended Pub. L. 108–21, title I, § 106(b), Apr. 30, 2003, 117 Stat. 655; Pub. L. 110–457, title II, § 224(c), Dec. 23, 2008, 122 Stat. 5072; Pub. L. 115–392, § 11(2), Dec. 21, 2018, 132 Stat. 5255.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–392, § 11(2)(A), substituted “3 times” for “twice”.
Subsec. (b)(1)(B). Pub. L. 115–392, § 11(2)(B), substituted “subparagraph (A)” for “paragraph (1)”.
2008—Subsec. (b)(1)(A). Pub. L. 110–457 substituted “chapter 110, or section 1591” for “or chapter 110”.
2003—Subsec. (a). Pub. L. 108–21 inserted “, unless section 3559(e) applies” before period at end.
18 U.S.C. § 2429 (CRIMES AND CRIMINAL PROCEDURE)
§ 2429. Mandatory restitution
(a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
(b)
(1) The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3), and shall additionally require the defendant to pay the greater of the gross income or value to the defendant of the victim’s services, if the services constitute commercial sex acts as defined under section 1591.
(2) An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
(3) As used in this subsection, the term “full amount of the victim’s losses” has the same meaning as provided in section 2259(b)(3).
(c) The forfeiture of property under this section shall be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act (21 U.S.C. 853).
(d) As used in this section, the term “victim” means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian.
(Added Pub. L. 115–392, § 3(a), Dec. 21, 2018, 132 Stat. 5251.)
18 U.S.C. § 3633 (CRIMES AND CRIMINAL PROCEDURE)
§ 3633. Evidence-based recidivism reduction program and recommendations
(a) In General.—
Prior to releasing the System, in consultation with the Independent Review Committee authorized by the First Step Act of 2018, the Attorney General shall—
(1) review the effectiveness of evidence-based recidivism reduction programs that exist as of the date of enactment of this subchapter in prisons operated by the Bureau of Prisons;
(2) review available information regarding the effectiveness of evidence-based recidivism reduction programs and productive activities that exist in State-operated prisons throughout the United States;
(3) identify the most effective evidence-based recidivism reduction programs;
(4) review the policies for entering into evidence-based recidivism reduction partnerships described in section 3621(h)(5); and
(5) direct the Bureau of Prisons regarding—
(A) evidence-based recidivism reduction programs;
(B) the ability for faith-based organizations to function as a provider of educational evidence-based programs outside of the religious classes and services provided through the Chaplaincy; and
(C) the addition of any new effective evidence-based recidivism reduction programs that the Attorney General finds.
(b) Review and Recommendations Regarding Dyslexia Mitigation.—
In carrying out subsection (a), the Attorney General shall consider the prevalence and mitigation of dyslexia in prisons, including by—
(1) reviewing statistics on the prevalence of dyslexia, and the effectiveness of any programs implemented to mitigate the effects of dyslexia, in prisons operated by the Bureau of Prisons and State-operated prisons throughout the United States; and
(2) incorporating the findings of the Attorney General under paragraph (1) of this subsection into any directives given to the Bureau of Prisons under paragraph (5) of subsection (a).
(Added Pub. L. 115–391, title I, § 101(a), Dec. 21, 2018, 132 Stat. 5204.)
heading: References in Text
text: The First Step Act of 2018, referred to in subsec. (a), is Pub. L. 115–391, Dec. 21, 2018, 132 Stat. 5194. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note under section 1 of this title and Tables.
The date of enactment of this subchapter, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 115–391, which was approved Dec. 21, 2018.
18 U.S.C. § 4050 (CRIMES AND CRIMINAL PROCEDURE)
§ 4050. Secure firearms storage
(a) Definitions.—
In this section—
(1) the term “employee” means a qualified law enforcement officer employed by the Bureau of Prisons; and
(2) the terms “firearm” and “qualified law enforcement officer” have the meanings given those terms under section 926B.
(b) Secure Firearms Storage.—
The Director of the Bureau of Prisons shall ensure that each chief executive officer of a Federal penal or correctional institution—
(1)
(A) provides a secure storage area located outside of the secure perimeter of the institution for employees to store firearms; or
(B) allows employees to store firearms in a vehicle lockbox approved by the Director of the Bureau of Prisons; and
(2) notwithstanding any other provision of law, allows employees to carry concealed firearms on the premises outside of the secure perimeter of the institution.
(Added Pub. L. 115–391, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5216.)
18 U.S.C. § 4130 (CRIMES AND CRIMINAL PROCEDURE)
§ 4130. Additional markets
(a) In General.—
Except as provided in subsection (b), notwithstanding any other provision of law, Federal Prison Industries may sell products to—
(1) public entities for use in penal or correctional institutions;
(2) public entities for use in disaster relief or emergency response;
(3) the government of the District of Columbia; and
(4) any organization described in subsection (c)(3), (c)(4), or (d) of section 501 of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.
(b) Office Furniture.—
Federal Prison Industries may not sell office furniture to the organizations described in subsection (a)(4).
(c) Definitions.—
In this section:
(1) The term “office furniture” means any product or service offering intended to meet the furnishing needs of the workplace, including office, healthcare, educational, and hospitality environments.
(2) The term “public entity” means a State, a subdivision of a State, an Indian tribe, and an agency or governmental corporation or business of any of the foregoing.
(3) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands.
(Added Pub. L. 115–391, title VI, § 605(a), Dec. 21, 2018, 132 Stat. 5242.)
heading: References in Text
text: Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (a)(4), is classified to section 501 of Title 26, Internal Revenue Code.
18 U.S.C. § 5031 (CRIMES AND CRIMINAL PROCEDURE)
§ 5031. Definitions
For the purposes of this chapter, a “juvenile” is a person who has not attained his eighteenth birthday, or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday, and “juvenile delinquency” is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult or a violation by such a person of section 922(x).
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415, title V, § 501, Sept. 7, 1974, 88 Stat. 1133; Pub. L. 103–322, title XI, § 110201(c)(1), Sept. 13, 1994, 108 Stat. 2012.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 921 (June 16, 1938, ch. 486, § 1, 52 Stat. 764).
The phrase “who has not attained his eighteenth birthday” was substituted for “seventeen years of age or under” as more clearly reflecting congressional intent and administrative construction. The necessity of a definite fixing of the age of the juvenile was emphasized by Hon. Arthur J. Tuttle, United States district judge, Detroit, Mich., in a letter to the Committee on Revision of the Laws dated June 24, 1944. Words “an offense against the” was changed to “the violation of a” without change of substance.
Minor change was made in translation of section references to “this chapter”.
heading: Amendments
text: 1994—Pub. L. 103–322 inserted before period at end “or a violation by such a person of section 922(x)”.
1974—Pub. L. 93–415 amended section generally, inserting “or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday” after “eighteenth birthday,” and substituting “committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult”, for “committed by a juvenile and not punishable by death or life imprisonment.”
heading: Repeals
text: Section 501 of Pub. L. 93–415, title V, Sept. 7, 1974, 88 Stat. 1133, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.