dreamproit/uscode huggingface dataset:
18 U.S.C. § 3244 (CRIMES AND CRIMINAL PROCEDURE)
§ 3244. Jurisdiction of proceedings relating to transferred offenders
When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders—
(1) the country in which the offender was convicted shall have exclusive jurisdiction and competence over proceedings seeking to challenge, modify, or set aside convictions or sentences handed down by a court of such country;
(2) all proceedings instituted by or on behalf of an offender transferred from the United States to a foreign country seeking to challenge, modify, or set aside the conviction or sentence upon which the transfer was based shall be brought in the court which would have jurisdiction and competence if the offender had not been transferred;
(3) all proceedings instituted by or on behalf of an offender transferred to the United States pertaining to the manner of execution in the United States of the sentence imposed by a foreign court shall be brought in the United States district court for the district in which the offender is confined or in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings;
(4) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offender’s transfer from the United States shall be brought in the United States district court of the district in which the proceedings to determine the validity of the offender’s consent were held and shall name the Attorney General as respondent; and
(5) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offender’s transfer to the United States shall be brought in the United States district court of the district in which the offender is confined or of the district in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings.
(Added Pub. L. 95–144, § 3, Oct. 28, 1977, 91 Stat. 1220, title 28, § 2256; renumbered Pub. L. 95–598, title III, § 314(j)(1), Nov. 6, 1978, 92 Stat. 2677.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 2256 of Title 28, Judiciary and Judicial Procedure.
heading: Statutory Notes and Related Subsidiaries
heading: Savings Provision
text: Amendment by section 314 of Pub. L. 95–598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95–598, set out as a note preceding section 101 of Title 11, Bank­ruptcy.
18 U.S.C. § 3261 (CRIMES AND CRIMINAL PROCEDURE)
§ 3261. Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States
(a) Whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States—
(1) while employed by or accompanying the Armed Forces outside the United States; or
(2) while a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice),
shall be punished as provided for that offense.
(b) No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated.
(c) Nothing in this chapter may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a court-martial, military commission, provost court, or other military tribunal.
(d) No prosecution may be commenced against a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice) under this section unless—
(1) such member ceases to be subject to such chapter; or
(2) an indictment or information charges that the member committed the offense with one or more other defendants, at least one of whom is not subject to such chapter.
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2488.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2000 Amendment
text: Pub. L. 106–523, § 1, Nov. 22, 2000, 114 Stat. 2488, provided that: “This Act [enacting this chapter] may be cited as the ‘Military Extraterritorial Jurisdiction Act of 2000’.”
18 U.S.C. § 3264 (CRIMES AND CRIMINAL PROCEDURE)
§ 3264. Limitation on removal
(a) Except as provided in subsection (b), and except for a person delivered to authorities of a foreign country under section 3263, a person arrested for or charged with a violation of section 3261(a) shall not be removed—
(1) to the United States; or
(2) to any foreign country other than a country in which such person is believed to have violated section 3261(a).
(b) The limitation in subsection (a) does not apply if—
(1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing held pursuant to section 3142(f);
(2) a Federal magistrate judge orders the detention of the person before trial pursuant to section 3142(e), in which case the person shall be promptly removed to the United States for purposes of such detention;
(3) the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination;
(4) a Federal magistrate judge otherwise orders the person to be removed to the United States; or
(5) the Secretary of Defense determines that military necessity requires that the limitations in subsection (a) be waived, in which case the person shall be removed to the nearest United States military installation outside the United States adequate to detain the person and to facilitate the initial appearance described in section 3265(a).
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2489.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Criminal Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.
18 U.S.C. § 3265 (CRIMES AND CRIMINAL PROCEDURE)
§ 3265. Initial proceedings
(a)
(1) In the case of any person arrested for or charged with a violation of section 3261(a) who is not delivered to authorities of a foreign country under section 3263, the initial appearance of that person under the Federal Rules of Criminal Procedure—
(A) shall be conducted by a Federal magistrate judge; and
(B) may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.
(2) In conducting the initial appearance, the Federal magistrate judge shall also determine whether there is probable cause to believe that an offense under section 3261(a) was committed and that the person committed it.
(3) If the Federal magistrate judge determines that probable cause exists that the person committed an offense under section 3261(a), and if no motion is made seeking the person’s detention before trial, the Federal magistrate judge shall also determine at the initial appearance the conditions of the person’s release before trial under chapter 207 of this title.
(b) In the case of any person described in subsection (a), any detention hearing of that person under section 3142(f)—
(1) shall be conducted by a Federal magistrate judge; and
(2) at the request of the person, may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.
(c)
(1) If any initial proceeding under this section with respect to any such person is conducted while the person is outside the United States, and the person is entitled to have counsel appointed for purposes of such proceeding, the Federal magistrate judge may appoint as such counsel for purposes of such hearing a qualified military counsel.
(2) For purposes of this subsection, the term “qualified military counsel” means a judge advocate made available by the Secretary of Defense for purposes of such proceedings, who—
(A) is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; and
(B) is certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2490.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Criminal Procedure, referred to in subsec. (a)(1), are set out in the Appendix to this title.
18 U.S.C. § 3267 (CRIMES AND CRIMINAL PROCEDURE)
§ 3267. Definitions
As used in this chapter:
(1) The term “employed by the Armed Forces outside the United States” means—
(A) employed as—
(i) a civilian employee of—
(I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or
(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas;
(ii) a contractor (including a subcontractor at any tier) of—
(I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or
(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas; or
(iii) an employee of a contractor (or subcontractor at any tier) of—
(I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or
(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas;
(B) present or residing outside the United States in connection with such employment; and
(C) not a national of or ordinarily resident in the host nation.
(2) The term “accompanying the Armed Forces outside the United States” means—
(A) a dependent of—
(i) a member of the Armed Forces;
(ii) a civilian employee of the Department of Defense (including a nonappropriated fund instrumentality of the Department); or
(iii) a Department of Defense contractor (including a subcontractor at any tier) or an employee of a Department of Defense contractor (including a subcontractor at any tier);
(B) residing with such member, civilian employee, contractor, or contractor employee outside the United States; and
(C) not a national of or ordinarily resident in the host nation.
(3) The term “Armed Forces” has the meaning given the term “armed forces” in section 101(a)(4) of title 10.
(4) The terms “Judge Advocate General” and “judge advocate” have the meanings given such terms in section 801 of title 10.
(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2491; amended Pub. L. 108–375, div. A, title X, § 1088, Oct. 28, 2004, 118 Stat. 2066.)
heading: Editorial Notes
heading: Amendments
text: 2004—Par. (1)(A). Pub. L. 108–375 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “employed as a civilian employee of the Department of Defense (including a nonappropriated fund instrumentality of the Department), as a Department of Defense contractor (including a subcontractor at any tier), or as an employee of a Department of Defense contractor (including a subcontractor at any tier);”.
18 U.S.C. § 3273 (CRIMES AND CRIMINAL PROCEDURE)
§ 3273. Offenses committed by certain United States personnel stationed in Canada in furtherance of border security initiatives
(a) In General.—
Whoever, while employed by the Department of Homeland Security or the Department of Justice and stationed or deployed in Canada pursuant to a treaty, executive agreement, or bilateral memorandum in furtherance of a border security initiative, engages in conduct (or conspires or attempts to engage in conduct) in Canada that would constitute an offense for which a person may be prosecuted in a court of the United States had the conduct been engaged in within the United States or within the special maritime and territorial jurisdiction of the United States shall be fined or imprisoned, or both, as provided for that offense.
(b) Definition.—
In this section, the term “employed by the Department of Homeland Security or the Department of Justice” means—
(1) being employed as a civilian employee, a contractor (including a subcontractor at any tier), or an employee of a contractor (or a subcontractor at any tier) of the Department of Homeland Security or the Department of Justice;
(2) being present or residing in Canada in connection with such employment; and
(3) not being a national of or ordinarily resident in Canada.
(Added Pub. L. 114–316, § 2(a)(2), Dec. 16, 2016, 130 Stat. 1593.)
heading: Statutory Notes and Related Subsidiaries
heading: Rule of Construction
text: Pub. L. 114–316, § 2(c), Dec. 16, 2016, 130 Stat. 1594, provided that: “Nothing in this section [enacting this section] or the amendments made by this section shall be construed to infringe upon or otherwise affect the exercise of prosecutorial discretion by the Department of Justice in implementing this section and the amendments made by this section.”
18 U.S.C. § 3281 (CRIMES AND CRIMINAL PROCEDURE)
§ 3281. Capital offenses
An indictment for any offense punishable by death may be found at any time without limitation.
(June 25, 1948, ch. 645, 62 Stat. 827; Pub. L. 103–322, title XXXIII, § 330004(16), Sept. 13, 1994, 108 Stat. 2142.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 581a, 581b (Aug. 4, 1939, ch. 419, §§ 1, 2, 53 Stat. 1198).
Sections 581a and 581b of title 18, U.S.C., 1940 ed., were consolidated into this section without change of substance.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 struck out before period at end “except for offenses barred by the provisions of law existing on August 4, 1939”.
18 U.S.C. § 3284 (CRIMES AND CRIMINAL PROCEDURE)
§ 3284. Concealment of bankrupt’s assets
The concealment of assets of a debtor in a case under title 11 shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge.
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 95–598, title III, § 314(k), Nov. 6, 1978, 92 Stat. 2678.)
heading: Historical and Revision Notes
text: Based on section 52(d) of title 11, U.S.C., 1940 ed., Bankruptcy (May 27, 1926, ch. 406, § 11d, 44 Stat. 665; June 22, 1938, ch. 575, § 1, 52 Stat. 856).
The 3-year-limitation provision was omitted as unnecessary in view of the general statute, section 3282 of this title.
The words “or a discharge denied” and “or denial of discharge” were added on the recommendation of the Department of Justice to supply an omission in existing law.
Other subsections of said section 52 of title 11, U.S.C., 1940 ed., are incorporated in sections 151–154 and 3057 of this title.
Other minor changes of phraseology were made.
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–598 substituted “debtor in a case under title 11” for “bankrupt or other debtor”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
heading: Savings Provision
text: Amendment by section 314 of Pub. L. 95–598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95–598, set out as a note preceding section 101 of Title 11, Bank­ruptcy.
18 U.S.C. § 3291 (CRIMES AND CRIMINAL PROCEDURE)
§ 3291. Nationality, citizenship and passports
No person shall be prosecuted, tried, or punished for violation of any provision of sections 1423 to 1428, inclusive, of chapter 69 and sections 1541 to 1544, inclusive, of chapter 75 of title 18 of the United States Code, or for conspiracy to violate any of such sections, unless the indictment is found or the information is instituted within ten years after the commission of the offense.
(Added June 30, 1951, ch. 194, § 1, 65 Stat. 107; amended Pub. L. 103–322, title XXXIII, § 330008(9), Sept. 13, 1994, 108 Stat. 2143.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “violate any of such sections” for “violate any of the afore-mentioned sections”.
18 U.S.C. § 3292 (CRIMES AND CRIMINAL PROCEDURE)
§ 3292. Suspension of limitations to permit United States to obtain foreign evidence
(a)
(1) Upon application of the United States, filed before return of an indictment, indicating that evidence of an offense is in a foreign country, the district court before which a grand jury is impaneled to investigate the offense shall suspend the running of the statute of limitations for the offense if the court finds by a preponderance of the evidence that an official request has been made for such evidence and that it reasonably appears, or reasonably appeared at the time the request was made, that such evidence is, or was, in such foreign country.
(2) The court shall rule upon such application not later than thirty days after the filing of the application.
(b) Except as provided in subsection (c) of this section, a period of suspension under this section shall begin on the date on which the official request is made and end on the date on which the foreign court or authority takes final action on the request.
(c) The total of all periods of suspension under this section with respect to an offense—
(1) shall not exceed three years; and
(2) shall not extend a period within which a criminal case must be initiated for more than six months if all foreign authorities take final action before such period would expire without regard to this section.
(d) As used in this section, the term “official request” means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.
(Added Pub. L. 98–473, title II, § 1218(a), Oct. 12, 1984, 98 Stat. 2167.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 30 days after Oct. 12, 1984, see section 1220 of Pub. L. 98–473, set out as a note under section 3505 of this title.
18 U.S.C. § 3293 (CRIMES AND CRIMINAL PROCEDURE)
§ 3293. Financial institution offenses
No person shall be prosecuted, tried, or punished for a violation of, or a conspiracy to violate—
(1) section 215, 656, 657, 1005, 1006, 1007, 1014, 1033, or 1344;
(2) section 1341 or 1343, if the offense affects a financial institution; or
(3) section 1963, to the extent that the racketeering activity involves a violation of section 1344;
unless the indictment is returned or the information is filed within 10 years after the commission of the offense.
(Added Pub. L. 101–73, title IX, § 961(l)(1), Aug. 9, 1989, 103 Stat. 501; amended Pub. L. 101–647, title XXV, § 2505(a), Nov. 29, 1990, 104 Stat. 4862; Pub. L. 103–322, title XXXII, § 320604(b), title XXXIII, § 330002(e), Sept. 13, 1994, 108 Stat. 2119, 2140.)
heading: Editorial Notes
heading: Amendments
text: 1994—Par. (1). Pub. L. 103–322 struck out “1008,” after “1007,” and inserted “1033,” after “1014,”.
1990—Par. (3). Pub. L. 101–647 added par. (3).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: Pub. L. 101–647, title XXV, § 2505(b), Nov. 29, 1990, 104 Stat. 4862, provided that: “The amendments made by subsection (a) [amending this section] shall apply to any offense committed before the date of the enactment of this section [Nov. 29, 1990], if the statute of limitations applicable to that offense had not run as of such date.”
heading: Effect of This Section on Offenses for Which Prior Period of Limitations Had Not Run
text: Pub. L. 101–73, title IX, § 961(l)(3), Aug. 9, 1989, 103 Stat. 501, provided that: “The amendments made by this subsection [enacting this section] shall apply to an offense committed before the effective date of this section [Aug. 9, 1989], if the statute of limitations applicable to that offense under this chapter had not run as of such date.”
18 U.S.C. § 3297 (CRIMES AND CRIMINAL PROCEDURE)
§ 3297. Cases involving DNA evidence
In a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.
(Added Pub. L. 108–405, title II, § 204(a), Oct. 30, 2004, 118 Stat. 2271; amended Pub. L. 109–162, title X, § 1005, Jan. 5, 2006, 119 Stat. 3086.)
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–162 struck out “except for a felony offense under chapter 109A,” before “no statute of limitations”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 108–405, title II, § 204(c), Oct. 30, 2004, 118 Stat. 2271, provided that: “The amendments made by this section [enacting this section] shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section [Oct. 30, 2004] if the applicable limitation period has not yet expired.”
18 U.S.C. § 3298 (CRIMES AND CRIMINAL PROCEDURE)
§ 3298. Trafficking-related offenses
No person shall be prosecuted, tried, or punished for any non-capital offense or conspiracy to commit a non-capital offense under section 1581 (Peonage; Obstructing Enforcement), 1583 (Enticement into Slavery), 1584 (Sale into Involuntary Servitude), 1589 (Forced Labor), 1590 (Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor), or 1592 (Unlawful Conduct with Respect to Documents in furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced Labor) of this title or under section 274(a) of the Immigration and Nationality Act unless the indictment is found or the information is instituted not later than 10 years after the commission of the offense.
(Added Pub. L. 109–162, title XI, § 1182(a), Jan. 5, 2006, 119 Stat. 3126.)
heading: Editorial Notes
heading: References in Text
text: Section 274(a) of the Immigration and Nationality Act, referred to in text, is classified to section 1324(a) of Title 8, Aliens and Nationality.