dreamproit/uscode huggingface dataset:
18 U.S.C. § 2336 (CRIMES AND CRIMINAL PROCEDURE)
§ 2336. Other limitations
(a) Acts of War.—
No action shall be maintained under section 2333 of this title for injury or loss by reason of an act of war.
(b) Limitation on Discovery.—
If a party to an action under section 2333 seeks to discover the investigative files of the Department of Justice, the Assistant Attorney General, Deputy Attorney General, or Attorney General may object on the ground that compliance will interfere with a criminal investigation or prosecution of the incident, or a national security operation related to the incident, which is the subject of the civil litigation. The court shall evaluate any such objections in camera and shall stay the discovery if the court finds that granting the discovery request will substantially interfere with a criminal investigation or prosecution of the incident or a national security operation related to the incident. The court shall consider the likelihood of criminal prosecution by the Government and other factors it deems to be appropriate. A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the court grants a stay of discovery under this subsection, it may stay the action in the interests of justice.
(c) Stay of Action for Civil Remedies.—
(1) The Attorney General may intervene in any civil action brought under section 2333 for the purpose of seeking a stay of the civil action. A stay shall be granted if the court finds that the continuation of the civil action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or interfere with national security operations related to the terrorist incident that is the subject of the civil action. A stay may be granted for up to 6 months. The Attorney General may petition the court for an extension of the stay for additional 6-month periods until the criminal prosecution is completed or dismissed.
(2) In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought.
(Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4523.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.
18 U.S.C. § 2337 (CRIMES AND CRIMINAL PROCEDURE)
§ 2337. Suits against Government officials
No action shall be maintained under section 2333 of this title against—
(1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority; or
(2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting within his or her official capacity or under color of legal authority.
(Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4523.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.
18 U.S.C. § 2338 (CRIMES AND CRIMINAL PROCEDURE)
§ 2338. Exclusive Federal jurisdiction
The district courts of the United States shall have exclusive jurisdiction over an action brought under this chapter.
(Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4524.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.
18 U.S.C. § 2339 (CRIMES AND CRIMINAL PROCEDURE)
§ 2339. Harboring or concealing terrorists
(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to arson and bombing of government property risking or causing injury or death), section 1366(a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.
(b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.
(Added Pub. L. 107–56, title VIII, § 803(a), Oct. 26, 2001, 115 Stat. 376; amended Pub. L. 107–273, div. B, title IV, § 4005(d)(2), Nov. 2, 2002, 116 Stat. 1813.)
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 107–56, § 803(a), which enacted this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2002 Amendment
text: Pub. L. 107–273, div. B, title IV, § 4005(d)(2), Nov. 2, 2002, 116 Stat. 1813, provided that the amendment made by section 4005(d)(2) is effective Oct. 26, 2001.
18 U.S.C. § 2340 (CRIMES AND CRIMINAL PROCEDURE)
§ 2340. Definitions
As used in this chapter—
(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and
(3) “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.
(Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 463; amended Pub. L. 103–415, § 1(k), Oct. 25, 1994, 108 Stat. 4301; Pub. L. 103–429, § 2(2), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 108–375, div. A, title X, § 1089, Oct. 28, 2004, 118 Stat. 2067.)
heading: Editorial Notes
heading: Amendments
text: 2004—Par. (3). Pub. L. 108–375 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “ ‘United States’ includes all areas under the jurisdiction of the United States including any of the places described in sections 5 and 7 of this title and section 46501(2) of title 49.”
1994—Par. (1). Pub. L. 103–415 substituted “within his custody” for “with custody”.
Par. (3). Pub. L. 103–429 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38))”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 103–236, title V, § 506(c), Apr. 30, 1994, 108 Stat. 464, provided that:
“The amendments made by this section [enacting this chapter] shall take effect on the later of—
“(1) the date of enactment of this Act [Apr. 30, 1994]; or
“(2) the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”
[Convention entered into Force with respect to United States Nov. 20, 1994, Treaty Doc. 100–20.]
18 U.S.C. § 2340A (CRIMES AND CRIMINAL PROCEDURE)
§ 2340A. Torture
(a) Offense.—
Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
(b) Jurisdiction.—
There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy.—
A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.
(Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 463; amended Pub. L. 103–322, title VI, § 60020, Sept. 13, 1994, 108 Stat. 1979; Pub. L. 107–56, title VIII, § 811(g), Oct. 26, 2001, 115 Stat. 381.)
heading: Editorial Notes
heading: Amendments
text: 2001—Subsec. (c). Pub. L. 107–56 added subsec. (c).
1994—Subsec. (a). Pub. L. 103–322 inserted “punished by death or” before “imprisoned for any term of years or for life”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the later of Apr. 30, 1994, or the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Nov. 20, 1994), see section 506(c) of Pub. L. 103–236, set out as a note under section 2340 of this title.
18 U.S.C. § 2340B (CRIMES AND CRIMINAL PROCEDURE)
§ 2340B. Exclusive remedies
Nothing in this chapter shall be construed as precluding the application of State or local laws on the same subject, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any civil proceeding.
(Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 464.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the later of Apr. 30, 1994, or the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Nov. 20, 1994), see section 506(c) of Pub. L. 103–236, set out as a note under section 2340 of this title.
18 U.S.C. § 2342 (CRIMES AND CRIMINAL PROCEDURE)
§ 2342. Unlawful acts
(a) It shall be unlawful for any person knowingly to ship, transport, receive, possess, sell, distribute, or purchase contraband cigarettes or contraband smokeless tobacco.
(b) It shall be unlawful for any person knowingly to make any false statement or representation with respect to the information required by this chapter to be kept in the records of any person who ships, sells, or distributes any quantity of cigarettes in excess of 10,000 in a single transaction.
(Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2464; amended Pub. L. 109–177, title I, § 121(a)(2), (b)(2), Mar. 9, 2006, 120 Stat. 221, 222.)
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–177, § 121(b)(2), inserted “or contraband smokeless tobacco” after “contraband cigarettes”.
Subsec. (b). Pub. L. 109–177, § 121(a)(2), substituted “10,000” for “60,000”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Subsec. (a) of this section effective Nov. 2, 1978, and subsec. (b) of this section effective on first day of first month beginning more than 120 days after Nov. 2, 1978, see section 4 of Pub. L. 95–575, set out as a note under section 2341 of this title.
18 U.S.C. § 2344 (CRIMES AND CRIMINAL PROCEDURE)
§ 2344. Penalties
(a) Whoever knowingly violates section 2342(a) of this title shall be fined under this title or imprisoned not more than five years, or both.
(b) Whoever knowingly violates any rule or regulation promulgated under section 2343(a) or 2346 of this title or violates section 2342(b) of this title shall be fined under this title or imprisoned not more than three years, or both.
(c) Any contraband cigarettes or contraband smokeless tobacco involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and forfeited shall be either—
(1) destroyed and not resold; or
(2) used for undercover investigative operations for the detection and prosecution of crimes, and then destroyed and not resold.
(Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2464; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (S), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 109–177, title I, § 121(b)(4), (d), Mar. 9, 2006, 120 Stat. 222, 223.)
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (c). Pub. L. 109–177 inserted “or contraband smokeless tobacco” after “contraband cigarettes”, substituted “seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and forfeited shall be either—” for “seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of such Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.”, and added pars. (1) and (2).
1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(S), substituted “fined under this title” for “fined not more than $100,000”.
Subsec. (b). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”.
1986—Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
18 U.S.C. § 2345 (CRIMES AND CRIMINAL PROCEDURE)
§ 2345. Effect on State and local law
(a) Nothing in this chapter shall be construed to affect the concurrent jurisdiction of a State or local government to enact and enforce its own cigarette tax laws, to provide for the confiscation of cigarettes or smokeless tobacco and other property seized for violation of such laws, and to provide for penalties for the violation of such laws.
(b) Nothing in this chapter shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by a number of State or local governments, through interstate compact or otherwise, to provide for the administration of State or local cigarette tax laws, to provide for the confiscation of cigarettes or smokeless tobacco and other property seized in violation of such laws, and to establish cooperative programs for the administration of such laws.
(Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2465; amended Pub. L. 109–177, title I, § 121(b)(5), (e), (g)(2), Mar. 9, 2006, 120 Stat. 222–224.)
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–177, § 121(g)(2), substituted “Effect on State and local law” for “Effect on State law” in section catchline.
Subsec. (a). Pub. L. 109–177, § 121(b)(5), (e)(1), substituted “a State or local government to enact and enforce its own” for “a State to enact and enforce” and inserted “or smokeless tobacco” after “cigarettes”.
Subsec. (b). Pub. L. 109–177, § 121(b)(5), (e)(2), substituted “of State or local governments, through interstate compact or otherwise, to provide for the administration of State or local” for “of States, through interstate compact or otherwise, to provide for the administration of State” and inserted “or smokeless tobacco” after “cigarettes”.
18 U.S.C. § 2381 (CRIMES AND CRIMINAL PROCEDURE)
§ 2381. Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 1, 2 (Mar. 4, 1909, ch. 321, §§ 1, 2, 35 Stat. 1088).
Section consolidates sections 1 and 2 of title 18, U.S.C., 1940 ed.
The language referring to collection of the fine was omitted as obsolete and repugnant to the more humane policy of modern law which does not impose criminal consequences on the innocent.
The words “every person so convicted of treason” were omitted as redundant.
Minor change was made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 inserted “under this title but” before “not less than $10,000”.
18 U.S.C. § 2382 (CRIMES AND CRIMINAL PROCEDURE)
§ 2382. Misprision of treason
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 3 (Mar. 4, 1909, ch. 321, § 3, 35 Stat. 1088).
Mandatory punishment provision was rephrased in the alternative.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.
18 U.S.C. § 2383 (CRIMES AND CRIMINAL PROCEDURE)
§ 2383. Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 4 (Mar. 4, 1909, ch. 321, § 4, 35 Stat. 1088).
Word “moreover” was deleted as surplusage and minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
18 U.S.C. § 2384 (CRIMES AND CRIMINAL PROCEDURE)
§ 2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 1, 70 Stat. 623; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 6 (Mar. 4, 1909, ch. 321, § 6, 35 Stat. 1089).
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $20,000”.
1956—Act July 24, 1956, substituted “$20,000” for “$5,000”, and “twenty years” for “six years”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1956 Amendment
text: Act July 24, 1956, ch. 678, § 3, 70 Stat. 624, provided that: “The foregoing amendments [amending this section and section 2385 of this title] shall apply only with respect to offenses committed on and after the date of the enactment of this Act [July 24, 1956].”
18 U.S.C. § 2389 (CRIMES AND CRIMINAL PROCEDURE)
§ 2389. Recruiting for service against United States
Whoever recruits soldiers or sailors within the United States, or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same; or
Whoever opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States—
Shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 811; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 7 (Mar. 4, 1909, ch. 321, § 7, 35 Stat. 1089).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in last par.
18 U.S.C. § 2390 (CRIMES AND CRIMINAL PROCEDURE)
§ 2390. Enlistment to serve against United States
Whoever enlists or is engaged within the United States or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility against the United States, shall be fined under this title 1 or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 812; Pub. L. 103–322, title XXXIII, § 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 8 (Mar. 4, 1909, ch. 321, § 8, 35 Stat. 1089).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322, which directed the amendment of this section by striking “fined not more than $100” and inserting “fined under this title”, was executed by substituting “fined under this title” for “fined $100”, to reflect the probable intent of Congress.