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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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2026-07-06 10:51:44 -04:00
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---
type: "LegalText"
title: "18 U.S.C. § 1"
description: "Repealed. Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027]"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
chapter_number: "1"
chapter_name: "GENERAL PROVISIONS"
section: "1"
citation: "18 U.S.C. § 1"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip"
source_identifier: "/us/usc/t18/s1"
source_file: "data/legal/raw/us/code/title-18/usc18.xml"
source_hash: "82e6648eb074a9e9bcef2af889feac563ff5caf070c41def6f8afd6b66dbd84d"
raw_snapshot_hash: "1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708"
text_hash: "d468d63269279059cce470123cd1d3d88ed2978946b6133a099877de8e87d208"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 18 U.S.C. § 1 - Repealed. Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027]
## Notes
Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98–596, § 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
Short Title of 2026 AmendmentPub. L. 119–73, § 1, Jan. 23, 2026, 139 Stat. 2003, provided that: “This Act [enacting sections 28 and 3771A of this title, amending section 7102 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as notes under section 28 of this title and section 10110 of Title 34, Crime Control and Law Enforcement] may be cited as the ‘Trafficking Survivors Relief Act’.”
Short Title of 2024 AmendmentPub. L. 118–78, § 1, July 30, 2024, 138 Stat. 1512, provided that: “This Act [enacting section 1352 of this title and amending section 201 of this title] may be cited as the ‘Foreign Extortion Prevention Technical Corrections Act’.” Pub. L. 118–77, § 1, July 30, 2024, 138 Stat. 1510, provided that: “This Act [amending section 3663A of this title] may be cited as the ‘Victims’ Voices Outside and Inside the Courtroom Effectiveness Act’ or the ‘Victims’ VOICES Act’.” Pub. L. 118–59, § 1, May 7, 2024, 138 Stat. 1014, provided that: “This Act [amending sections 2258A and 2258B of this title and enacting provisions set out as notes under sections 2258A and 2258B of this title] may be cited as the ‘Revising Existing Procedures On Reporting via Technology Act’ or the ‘REPORT Act’.” Pub. L. 118–42, div. G, title III, § 302(a), Mar. 9, 2024, 138 Stat. 451, provided that: “This section [enacting provisions set out as a note under section 3551 of this title] may be cited as the ‘United States Parole Commission Additional Extension Act of 2024’.”
Short Title of 2023 AmendmentPub. L. 118–31, div. E, title LI, § 5102(a), Dec. 22, 2023, 137 Stat. 933, provided that: “This section [amending sections 2423 and 2427 of this title and enacting provisions set out as a note under section 2423 of this title] may be cited as the ‘Preventing Child Sex Abuse Act of 2023’.” Pub. L. 117–351, § 1, Jan. 5, 2023, 136 Stat. 6265, provided that: “This Act [amending section 2441 of this title] may be cited as the ‘Justice for Victims of War Crimes Act’.”
Short Title of 2022 AmendmentPub. L. 117–328, div. O, title VIII, § 801(a), Dec. 29, 2022, 136 Stat. 5232, provided that: “This section [enacting provisions set out as notes under section 3551 of this title] may be cited as the ‘United States Parole Commission Additional Extension Act of 2022’.” Pub. L. 117–272, § 1, Dec. 27, 2022, 136 Stat. 4181, provided that: “This Act [amending section 879 of this title] may be cited as the ‘21st Century President Act’.” Pub. L. 117–264, div. B, title I, § 103(a), Dec. 23, 2022, 136 Stat. 4168, provided that: This section [enacting provisions set out as notes under section 3551 of this title] may be cited as the ‘United States Parole Commission Further Additional Extension Act of 2022’.” Pub. L. 117–229, div. B, title I, § 103(a), Dec. 16, 2022, 136 Stat. 2309, which provided that section 103 of Pub. L. 117–229 could be cited as the “United States Parole Commission Further Extension Act of 2022”, was rendered ineffective by Pub. L. 117–264, div. B, title I, § 103(d), Dec. 23, 2022, 136 Stat. 4168, set out as a note under section 3551 of this title. Pub. L. 117–180, div. C, title I, § 103(a), Sept. 30, 2022, 136 Stat. 2133, provided that: “This section [enacting provisions set out as a note under section 3551 of this title] may be cited as the ‘United States Parole Commission Extension Act of 2022’.” Pub. L. 117–176, § 1, Sept. 16, 2022, 136 Stat. 2108, provided that: “This Act [amending section 2255 of this title and enacting provisions set out as a note under section 2255 of this title] may be cited as the ‘Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022’.” Pub. L. 117–159, § 3(a), June 25, 2022, 136 Stat. 1313, provided that: “This Act [see Tables for classification] may be cited as the ‘Bipartisan Safer Communities Act’.” Pub. L. 117–107, § 1, Mar. 29, 2022, 136 Stat. 1125, provided that: “This Act [amending section 249 of this title] may be cited as the ‘Emmett Till Antilynching Act’.” Pub. L. 117–103, div. W, title X, § 1001(a), Mar. 15, 2022, 136 Stat. 912, provided that: “This section [enacting section 4051 of this title, amending section 3621 of this title, and enacting provisions set out as a note under section 3621 of this title] may be cited as the ‘Ramona Brant Improvement of Conditions for Women in Federal Custody Act’.” Pub. L. 117–103, div. W, title XI, § 1101(a), Mar. 15, 2022, 136 Stat. 919, provided that: “This section [enacting section 925B of this title and amending section 921 of this title] may be cited as the ‘NICS Denial Notification Act of 2022’.” Pub. L. 117–103, div. W, title XII, § 1201, Mar. 15, 2022, 136 Stat. 923, provided that: “This title [enacting section 250 of this title and section 60106 of Title 34, Crime Control and Law Enforcement, amending sections 2242 to 2244 and 2246 of this title, and enacting provisions set out as notes under section 60106 of Title 34] may be cited as the ‘Closing the Law Enforcement Consent Loophole Act of 2022’.”
Short Title of 2021 AmendmentPub. L. 117–59, § 1, Nov. 18, 2021, 135 Stat. 1468, provided that: “This Act [amending sections 111, 115, and 1114 of this title and enacting provisions set out as a note under section 1114 of this title] may be cited as the ‘Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act’.” Pub. L. 116–309, § 1, Jan. 5, 2021, 134 Stat. 4922, provided that: “This Act [enacting section 41312 of Title 34, Crime Control and Law Enforcement, amending section 116 of this title, and enacting provisions set out as notes under section 116 of this title] may be cited as the ‘Strengthening the Opposition to Female Genital Mutilation Act of 2020’ or the ‘STOP FGM Act of 2020’.”
Short Title of 2020 AmendmentPub. L. 116–260, div. O, title X, § 1001, Dec. 27, 2020, 134 Stat. 2155, provided that: “This title [repealing chapter 89 and sections 46, 511A, 707, 708, 711, 711a, 715, and 1921 of this title] may be cited as the ‘Clean Up the Code Act of 2019’.” Pub. L. 116–249, § 1, Dec. 22, 2020, 134 Stat. 1126, provided that: “This Act [enacting section 2261B of this title and amending section 2261A of this title] may be cited as the ‘Combat Online Predators Act’.” Pub. L. 116–179, § 1, Oct. 20, 2020, 134 Stat. 855, provided that: “This Act [amending section 1030 of this title] may be cited as the ‘Defending the Integrity of Voting Systems Act’.” Pub. L. 116–159, div. D, title II, § 4201, Oct. 1, 2020, 134 Stat. 741, provided that: “This title [enacting provisions set out as a note under section 3551 of this title] may be cited as the ‘United States Parole Commission Extension Act of 2020’.”
Short Title of 2019 AmendmentPub. L. 116–72, § 1, Nov. 25, 2019, 133 Stat. 1151, provided that: “This Act [amending section 48 of this title] may be cited as the ‘Preventing Animal Cruelty and Torture Act’ or the ‘PACT Act’.” Pub. L. 116–31, § 1, July 25, 2019, 133 Stat. 1034, provided that: “This Act [amending section 175b of this title] may be cited as the ‘Effective Prosecution of Possession of Biological Toxins and Agents Act of 2019’.”
Short Title of 2018 AmendmentPub. L. 115–395, § 1, Dec. 21, 2018, 132 Stat. 5287, provided that: “This Act [amending sections 2258A to 2258E of this title] may be cited as the ‘CyberTipline Modernization Act of 2018’.” Pub. L. 115–392, § 1(a), Dec. 21, 2018, 132 Stat. 5250, provided that: “This Act [enacting section 2429 of this title, section 645 of Title 6, Domestic Security, and section 20709a of Title 34, Crime Control and Law Enforcement, amending sections 521, 1583, 1587, 1591, 2423, 2426, 2516, and 3014 of this title, sections 187 and 473 of Title 6, sections 7103, 7105, and 7110 of Title 22, Foreign Relations and Intercourse, section 524 of Title 28, Judiciary and Judicial Procedure, section 9705 of Title 31, Money and Finance, and sections 20304, 20708, 20711, and 41309 of Title 34, and enacting provisions set out as notes under sections 20701 and 20704 of Title 34] may be cited as the ‘Abolish Human Trafficking Act of 2017’.” Pub. L. 115–391, § 1(a), Dec. 21, 2018, 132 Stat. 5194, provided that: “This Act [see Tables for classification] may be cited as the ‘First Step Act of 2018’.” Pub. L. 115–391, title II, § 201, Dec. 21, 2018, 132 Stat. 5216, provided that: “This title [enacting section 4050 of this title] may be cited as the ‘Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018’.” Pub. L. 115–299, § 1, Dec. 7, 2018, 132 Stat. 4383, provided that: “This Act [enacting sections 2259A and 2259B of this title, amending sections 1593, 2252A, 2256, 2259, 3509, and 3613 of this title and section 20101 of Title 34, Crime Control and Law Enforcement, and enacting provisions set out as a note under section 2259 of this title] may be cited as the ‘Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018’.” Pub. L. 115–271, title VIII, § 8121, Oct. 24, 2018, 132 Stat. 4108, provided that: “This subtitle [subtitle J (§§ 8121, 8122) of title VIII of Pub. L. 115–271, enacting section 220 of this title] may be cited as the ‘Eliminating Kickbacks in Recovery Act of 2018’.” Pub. L. 115–253, § 1, Oct. 3, 2018, 132 Stat. 3183, provided that: “This Act [amending sections 2331, 2333 and 2334 of this title and enacting provisions set out as notes under sections 2331, 2332 and 2334 of this title] may be cited as the ‘Anti-Terrorism Clarification Act of 2018’.” Pub. L. 115–249, § 1, Sept. 28, 2018, 132 Stat. 3162, provided that: “This Act [amending section 247 of this title] may be cited as the ‘Protecting Religiously Affiliated Institutions Act of 2018’.” Pub. L. 115–164, § 1, Apr. 11, 2018, 132 Stat. 1253, provided that: “This Act [enacting section 2421A of this title, amending sections 1591 and 1595 of this title and section 230 of Title 47, Telecommunications, and enacting provisions set out as notes under section 230 of Title 47] may be cited as the ‘Allow States and Victims to Fight Online Sex Trafficking Act of 2017’.” Pub. L. 115–141, div. V, § 101, Mar. 23, 2018, 132 Stat. 1213, provided that: “This division [enacting sections 2523 and 2713 of this title, amending sections 2511, 2520, 2702, 2703, 2707, 3121, and 3124 of this title, and enacting provisions set out as notes under sections 2520, 2523, and 2703 of this title] may be cited as the ‘Clarifying Lawful Overseas Use of Data Act’ or the ‘CLOUD Act’.”
Short Title of 2016 AmendmentPub. L. 114–316, § 1, Dec. 16, 2016, 130 Stat. 1593, provided that: “This Act [enacting section 3273 of this title and provisions set out as a note under section 3273 of this title] may be cited as the ‘Promoting Travel, Commerce, and National Security Act of 2016’.” Pub. L. 114–236, § 1, Oct. 7, 2016, 130 Stat. 966, provided that: “This Act [enacting chapter 238 of this title and sections 10603f and 14043g–1 of Title 42, The Public Health and Welfare, and amending section 10601 of Title 42] may be cited as the ‘Survivors’ Bill of Rights Act of 2016’.” Pub. L. 114–222, § 1, Sept. 28, 2016, 130 Stat. 852, provided that: “This Act [enacting section 1605B of Title 28, Judiciary and Judicial Procedure, amending section 2333 of this title and section 1605 of Title 28, and enacting provisions set out as notes under section 2333 of this title and section 1605B of Title 28] may be cited as the ‘Justice Against Sponsors of Terrorism Act’.” Pub. L. 114–154, § 1, May 16, 2016, 130 Stat. 387, provided that: “This Act [amending sections 2318 and 2320 of this title and section 959 of Title 21, Food and Drugs] may be cited as the ‘Transnational Drug Trafficking Act of 2015’.” Pub. L. 114–153, § 1, May 11, 2016, 130 Stat. 376, provided that: “This Act [amending sections 1832, 1833, 1835, 1836, 1838, 1839, and 1961 of this title and enacting provisions set out as notes under sections 1832 and 1833 of this title and section 620 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Defend Trade Secrets Act of 2016’.” Pub. L. 114–133, § 1, Mar. 9, 2016, 130 Stat. 296, provided that: “This Act [enacting section 4049 of this title] may be cited as the ‘Eric Williams Correctional Officer Protection Act of 2015’.”
Short Title of 2015 AmendmentPub. L. 114–22, § 1(a), May 29, 2015, 129 Stat. 227, provided that: “This Act [see Tables for classification] may be cited as the ‘Justice for Victims of Trafficking Act of 2015’.” Pub. L. 114–22, title I, § 118(a), May 29, 2015, 129 Stat. 247, provided that: “This section [amending section 1591 of this title] may be cited as the ‘Stop Advertising Victims of Exploitation Act of 2015’ or the ‘SAVE Act of 2015’.”
Short Title of 2014 AmendmentPub. L. 113–104, § 1, May 20, 2014, 128 Stat. 1156, provided that: “This Act [amending section 117 of this title] may be cited as the ‘Kilah Davenport Child Protection Act of 2013’.”
Short Title of 2013 AmendmentPub. L. 113–47, § 1, Oct. 31, 2013, 127 Stat. 572, provided that: “This Act [enacting provisions set out as a note under section 3551 of this title] may be cited as the ‘United States Parole Commission Extension Act of 2013’.” Pub. L. 113–12, § 1, June 3, 2013, 127 Stat. 448, provided that: “This Act [amending section 704 of this title] may be cited as the ‘Stolen Valor Act of 2013’.” Pub. L. 112–269, § 1, Jan. 14, 2013, 126 Stat. 2442, provided that: “This Act [amending section 1831 of this title and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Foreign and Economic Espionage Penalty Enhancement Act of 2012’.” Pub. L. 112–258, § 1, Jan. 10, 2013, 126 Stat. 2414, provided that: “This Act [amending section 2710 of this title] may be cited as the ‘Video Privacy Protection Act Amendments Act of 2012’.” Pub. L. 112–257, § 1, Jan. 10, 2013, 126 Stat. 2413, provided that: “This Act [amending section 3056 of this title] may be cited as the ‘Former Presidents Protection Act of 2012’.”
Short Title of 2012 AmendmentPub. L. 112–236, § 1, Dec. 28, 2012, 126 Stat. 1627, provided that: “This Act [amending section 1832 of this title] may be cited as the ‘Theft of Trade Secrets Clarification Act of 2012’.” Pub. L. 112–206, § 1, Dec. 7, 2012, 126 Stat. 1490, provided that: “This Act [amending sections 1514, 2252, 2252A, and 3486 of this title, section 566 of Title 28, Judiciary and Judicial Procedure, and sections 17611, 17612, 17615, and 17617 of Title 42, The Public Health and Welfare, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28] may be cited as the ‘Child Protection Act of 2012’.” Pub. L. 112–186, § 1, Oct. 5, 2012, 126 Stat. 1427, provided that: “This Act [enacting section 670 of this title, amending sections 659, 981, 1952, 1957, 2117, 2314, 2315, 2516, and 3663A of this title, and enacting provisions set out as a note under section 670 of this title and listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012’ or the ‘SAFE DOSES Act’.” Pub. L. 112–127, § 1, June 5, 2012, 126 Stat. 370, provided that: “This Act [enacting section 257 of Title 6, Domestic Security, amending sections 555, 982, 1956, and 2516 of this title, and enacting provisions set out as a note under section 555 of this title] may be cited as the ‘Border Tunnel Prevention Act of 2012’.” Pub. L. 112–98, § 1, Mar. 8, 2012, 126 Stat. 263, provided that: “This Act [amending section 1752 of this title] may be cited as the ‘Federal Restricted Buildings and Grounds Improvement Act of 2011’.”
Short Title of 2011 AmendmentPub. L. 112–44, § 1, Oct. 21, 2011, 125 Stat. 532, provided that: “This Act [enacting provisions set out as a note under section 3551 of this title] may be cited as the ‘United States Parole Commission Extension Act of 2011’.”
Short Title of 2010 AmendmentPub. L. 111–307, § 1, Dec. 14, 2010, 124 Stat. 3282, provided that: “This Act [amending section 42 of this title] may be cited as the ‘Asian Carp Prevention and Control Act’.” Pub. L. 111–294, § 1, Dec. 9, 2010, 124 Stat. 3177, provided that: “This Act [amending section 48 of this title and enacting provisions set out as notes under section 48 of this title] may be cited as the ‘Animal Crush Video Prohibition Act of 2010’.” Pub. L. 111–272, § 1, Oct. 12, 2010, 124 Stat. 2855, provided that: “This Act [amending sections 926B and 926C of this title] may be cited as the ‘Law Enforcement Officers Safety Act Improvements Act of 2010’.” Pub. L. 111–225, § 1, Aug. 10, 2010, 124 Stat. 2387, provided that: “This Act [amending section 1791 of this title] may be cited as the ‘Cell Phone Contraband Act of 2010’.” Pub. L. 111–174, § 1, May 27, 2010, 124 Stat. 1216, provided that: “This Act [enacting section 114 of Title 28, Judiciary and Judicial Procedure, amending sections 2519, 3006A, 3154, and 3553 of this title and section 631 of Title 28, and repealing section 114 of Title 28] may be cited as the ‘Federal Judiciary Administrative Improvements Act of 2010’.”
Short Title of 2009 AmendmentPub. L. 111–84, div. E, § 4701, Oct. 28, 2009, 123 Stat. 2835, which set out short title of division E of Pub. L. 111–84, was editorially reclassified and is set out as a note under section 10101 of Title 34, Crime Control and Law Enforcement. Pub. L. 111–79, § 1, Oct. 19, 2009, 123 Stat. 2086, provided that: “This Act [enacting section 3512 of this title and amending sections 2703, 2711, and 3127 of this title] may be cited as the ‘Foreign Evidence Request Efficiency Act of 2009’.” Pub. L. 111–21, § 1, May 20, 2009, 123 Stat. 1617, provided that: “This Act [enacting section 27 of this title, amending sections 20, 1014, 1031, 1348, 1956, and 1957 of this title and sections 3729 to 3733 of Title 31, Money and Finance, and enacting provisions set out as a note under section 3729 of Title 31] may be cited as the ‘Fraud Enforcement and Recovery Act of 2009’ or ‘FERA’.”
Short Title of 2008 AmendmentPub. L. 110–407, § 1, Oct. 13, 2008, 122 Stat. 4296, provided that: “This Act [enacting section 2285 of this title and section 70508 of Title 46, Shipping, amending sections 70501, 70502, 70504, and 70505 of Title 46, and enacting provisions set out as a note under section 2285 of this title and provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Drug Trafficking Vessel Interdiction Act of 2008’.” Pub. L. 110–358, title I, § 101, Oct. 8, 2008, 122 Stat. 4001, provided that: “This title [amending sections 2251, 2251A, 2252 and 2252A of this title and enacting provisions set out as a note under section 2251 of this title] may be cited as the ‘Effective Child Pornography Prosecution Act of 2007’.” Pub. L. 110–358, title II, § 201, Oct. 8, 2008, 122 Stat. 4003, provided that: “This title [amending sections 1956, 2252 and 2252A of this title] may be cited as the ‘Enhancing the Effective Prosecution of Child Pornography Act of 2007’.” Pub. L. 110–340, § 1, Oct. 3, 2008, 122 Stat. 3735, provided that: “This Act [enacting sections 2442 and 3300 of this title, amending sections 1182 and 1227 of Title 8, Aliens and Nationality, and enacting provisions set out as a note under section 1158 of Title 8] may be cited as the ‘Child Soldiers Accountability Act of 2008’.” Pub. L. 110–326, title I, § 101, Sept. 26, 2008, 122 Stat. 3560, provided that: “This title [amending section 3056 of this title and enacting provisions set out as a note under section 3056 of this title] may be cited as the ‘Former Vice President Protection Act of 2008’.” Pub. L. 110–326, title II, § 201, Sept. 26, 2008, 122 Stat. 3560, provided that: “This title [amending sections 1030, 2332b, and 3663 of this title and amending provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Identity Theft Enforcement and Restitution Act of 2008’.” Pub. L. 110–179, § 1, Jan. 7, 2008, 121 Stat. 2556, provided that: “This Act [enacting section 1040 of this title, amending sections 1341 and 1343 of this title, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007’.”
Short Title of 2007 AmendmentPub. L. 110–151, § 1, Dec. 21, 2007, 121 Stat. 1821, provided that: “This Act [amending section 1091 of this title] may be cited as the ‘Genocide Accountability Act of 2007’.” Pub. L. 110–22, § 1, May 3, 2007, 121 Stat. 88, provided that: “This Act [enacting section 49 of this title and amending section 2156 of Title 7, Agriculture] may be cited as the ‘Animal Fighting Prohibition Enforcement Act of 2007’.” Pub. L. 109–481, § 1, Jan. 12, 2007, 120 Stat. 3673, provided that: “This Act [enacting section 706a of this title] may be cited as the ‘Geneva Distinctive Emblems Protection Act of 2006’.” Pub. L. 109–476, § 1, Jan. 12, 2007, 120 Stat. 3568, provided that: “This Act [enacting section 1039 of this title and provisions set out as a note under section 1039 of this title and amending provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Telephone Records and Privacy Protection Act of 2006’.”
Short Title of 2006 AmendmentPub. L. 109–437, § 1, Dec. 20, 2006, 120 Stat. 3266, provided that: “This Act [amending section 704 of this title and enacting provisions set out as a note under section 704 of this title] may be cited as the ‘Stolen Valor Act of 2005’.” Pub. L. 109–374, § 1, Nov. 27, 2006, 120 Stat. 2652, provided that: “This Act [amending section 43 of this title] may be cited as the ‘Animal Enterprise Terrorism Act’.” Pub. L. 109–181, § 1(a)(1), Mar. 16, 2006, 120 Stat. 285, provided that: “This section [amending section 2320 of this title, enacting provisions set out as a note under section 2320 of this title, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Stop Counterfeiting in Manufactured Goods Act’.” Pub. L. 109–181, § 2(a), Mar. 16, 2006, 120 Stat. 288, provided that: “This section [amending sections 2318, 2319A, and 2320 of this title and section 1101 of Title 17, Copyrights] may be cited as the ‘Protecting American Goods and Services Act of 2005’.” Pub. L. 109–178, § 1, Mar. 9, 2006, 120 Stat. 278, provided that: “This Act [amending section 2709 of this title, section 3414 of Title 12, Banks and Banking, sections 1681u and 1681v of Title 15, Commerce and Trade, and sections 436 and 1861 of Title 50, War and National Defense, and enacting provisions set out as a note under section 3414 of Title 12] may be cited as the ‘USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006’.” Pub. L. 109–177, § 1(a), Mar. 9, 2006, 120 Stat. 192, provided that: “This Act [see Tables for classification] may be cited as the ‘USA PATRIOT Improvement and Reauthorization Act of 2005’.” Pub. L. 109–177, title II, § 201, Mar. 9, 2006, 120 Stat. 230, provided that: “This title [enacting section 3599 of this title, amending section 3583 of this title and section 848 of Title 21, Food and Drugs, and enacting provisions set out as notes under section 46502 of Title 49, Transportation] may be cited as the ‘Terrorist Death Penalty Enhancement Act of 2005’.” Pub. L. 109–177, title III, § 301, Mar. 9, 2006, 120 Stat. 233, provided that: “This title [see Tables for classification] may be cited as the ‘Reducing Crime and Terrorism at America’s Seaports Act of 2005’.” Pub. L. 109–177, title IV, § 401, Mar. 9, 2006, 120 Stat. 243, provided that: “This title [see Tables for classification] may be cited as the ‘Combating Terrorism Financing Act of 2005’.” Pub. L. 109–177, title VI, § 601, Mar. 9, 2006, 120 Stat. 251, provided that: “This title [see Tables for classification] may be cited as the ‘Secret Service Authorization and Technical Modification Act of 2005’.”
Short Title of 2004 AmendmentPub. L. 108–458, title VI, § 6701, Dec. 17, 2004, 118 Stat. 3764, provided that: “This subtitle [subtitle H (§§ 6701–6704) of title VI of Pub. L. 108–458, enacting section 1038 of this title, amending sections 1001, 1505, and 1958 of this title, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Stop Terrorist and Military Hoaxes Act of 2004’.” Pub. L. 108–458, title VI, § 6801, Dec. 17, 2004, 118 Stat. 3766, provided that: “This subtitle [subtitle I (§§ 6801–6803) of title VI of Pub. L. 108–458, enacting section 832 of this title, amending sections 175b, 1961, 2332a, and 2332b of this title and sections 2077 and 2122 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 175b of this title] may be cited as the ‘Weapons of Mass Destruction Prohibition Improvement Act of 2004’.” Pub. L. 108–458, title VI, § 6901, Dec. 17, 2004, 118 Stat. 3769, provided that: “This subtitle [subtitle J (§§ 6901–6911) of title VI of Pub. L. 108–458, enacting sections 175c, 2332g, and 2332h of this title, amending sections 1956, 2332b, and 2516 of this title, section 2778 of Title 22, Foreign Relations and Intercourse, and sections 2122 and 2272 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 175c of this title] may be cited as the ‘Prevention of Terrorist Access to Destructive Weapons Act of 2004’.”
Short Title of 2003 AmendmentPub. L. 108–21, § 1(a), Apr. 30, 2003, 117 Stat. 650, provided that: “This Act [see Tables for classification] may be cited as the ‘Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003’ or ‘PROTECT Act’.”
Short Title of 2002 AmendmentPub. L. 107–273, div. B, title IV, § 4001, Nov. 2, 2002, 116 Stat. 1806, provided that: “This title [see Tables for classification] may be cited as the ‘Criminal Law Technical Amendments Act of 2002’.”
Short Title of 2001 AmendmentPub. L. 107–56, § 1(a), Oct. 26, 2001, 115 Stat. 272, as amended by Pub. L. 109–177, title I, § 101(b), Mar. 9, 2006, 120 Stat. 194, provided that: “This Act [see Tables for classification] may be cited as the ‘Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001’ or the ‘USA PATRIOT Act’.”
Short Title of 1998 AmendmentsPub. L. 105–314, § 1(a), Oct. 30, 1998, 112 Stat. 2974, provided that: “This Act [see Tables for classification] may be cited as the ‘Protection of Children From Sexual Predators Act of 1998’.” Pub. L. 105–184, § 1, June 23, 1998, 112 Stat. 520, provided that: “This Act [amending sections 709, 982, 2326, 2327, and 2703 of this title and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Telemarketing Fraud Prevention Act of 1998’.”
Short Title of 1996 AmendmentsPub. L. 104–294, § 1, Oct. 11, 1996, 110 Stat. 3488, provided that: “This Act [see Tables for classification] may be cited as the ‘Economic Espionage Act of 1996’.” Pub. L. 104–132, § 1, Apr. 24, 1996, 110 Stat. 1214, provided that: “This Act [see Tables for classification] may be cited as the ‘Antiterrorism and Effective Death Penalty Act of 1996’.”
Short Title of 1994 AmendmentPub. L. 103–322, title X, § 100001, Sept. 13, 1994, 108 Stat. 1996, provided that: “This title [amending section 13 of this title and section 3751 of Title 42, The Public Health and Welfare] may be cited as the ‘Drunk Driving Child Protection Act of 1994’.”
Short Title of 1990 AmendmentPub. L. 101–647, § 1, Nov. 29, 1990, 104 Stat. 4789, provided that: “This Act [see Tables for classification] may be cited as the ‘Crime Control Act of 1990’.”
Short Title of 1988 AmendmentPub. L. 100–690, title VII, § 7011, Nov. 18, 1988, 102 Stat. 4395, provided that: “This subtitle [subtitle B (§§ 7011–7096) of title VII of Pub. L. 100–690, see Tables for classification] may be cited as the ‘Minor and Technical Criminal Law Amendments Act of 1988’.”
Short Title of 1987 AmendmentPub. L. 100–185, § 1, Dec. 11, 1987, 101 Stat. 1279, provided that: “This Act [enacting section 19 of this title, amending sections 18, 3013, 3559, 3571, 3572, 3573, 3611, 3612, and 3663 of this title and section 604 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under section 3611 of this title] may be cited as the ‘Criminal Fine Improvements Act of 1987’.”
Short Title of 1986 AmendmentPub. L. 99–646, § 1, Nov. 10, 1986, 100 Stat. 3592, provided that: “This Act [see Tables for classification] may be cited as the ‘Criminal Law and Procedure Technical Amendments Act of 1986’.”
Short Title of 1984 AmendmentPub. L. 98–473, title II, § 200, Oct. 12, 1984, 98 Stat. 1976, provided that: “This title [see Tables for classification] may be cited as the ‘Comprehensive Crime Control Act of 1984’.”
Short Title of 1974 AmendmentPub. L. 93–412, § 1, Sept. 3, 1974, 88 Stat. 1089, provided: “That this Act [amending section 3006A of this title and enacting provisions set out as a note under section 3006A of this title] may be cited as the ‘District of Columbia Criminal Justice Act’.”
SeverabilityPub. L. 108–21, § 2, Apr. 30, 2003, 117 Stat. 651, provided that: “If any provision of this Act [see Tables for classification], or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.” Pub. L. 107–56, § 2, Oct. 26, 2001, 115 Stat. 275, provided that: “Any provision of this Act [see Short Title of 2001 Amendment note above] held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.” Pub. L. 104–132, title IX, § 904, Apr. 24, 1996, 110 Stat. 1319, provided that: “If any provision of this Act [see Short Title of 1996 Amendments note above], an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.”
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# 18 U.S.C. § 10 - Interstate commerce and foreign commerce defined
## Text
The term “interstate commerce”, as used in this title, includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia. The term “foreign commerce”, as used in this title, includes commerce with a foreign country.
(June 25, 1948, ch. 645, 62 Stat. 686.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 408, 408b, 414(a), and 419a(b) (Oct. 29, 1919, ch. 89, § 2(b), 41 Stat. 325; June 22, 1932, ch. 271, § 2, 47 Stat. 326; May 18, 1934, ch. 301, 48 Stat. 782; May 22, 1934, ch. 333, § 2(a), 48 Stat. 794; Aug. 18, 1941, ch. 366, § 2(b), 55 Stat. 631). This section consolidates into one section identical definitions contained in sections 408, 408b, 414(a), and 419a(b) of title 18, U.S.C., 1940 ed. In addition to slight improvements in style, the word “commerce” was substituted for “transportation” in order to avoid the narrower connotation of the word “transportation” since “commerce” obviously includes more than “transportation.” The word “Possession” was inserted in two places to make the definition more accurate and comprehensive since the places included in the word “Possession” would normally be within the term defined and a narrower construction should be handled by express statutory exclusion in those crimes which Congress intends to restrict to commerce within the continental United States.
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# 18 U.S.C. § 11 - Foreign government defined
## Text
The term “foreign government”, as used in this title except in sections 112, 878, 970, 1116, and 1201, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States.
(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 94–467, § 11, Oct. 8, 1976, 90 Stat. 2001.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 98, 288, 349; section 235 of title 22 U.S.C., 1940 ed., Foreign Relations and Intercourse; section 41 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title VIII, § 4, 40 Stat. 226). The definition of “foreign government” contained in this section, with minor changes in phraseology, is from section 4 of title VIII of act June 15, 1917 (Ch. 30, 40 Stat. 217, 226), known as the Espionage Act of 1917. This definition was incorporated in sections 98, 288, and 349 of title 18 and in section 235 of title 22, Foreign Relations and Intercourse, and in section 41 of Title 50, War and National Defense, U.S.C., all in 1940 ed., since the definition was specifically enacted with reference to said sections and others not material here. The remaining provisions of said sections 98 and 349 of title 18, U.S.C., 1940 ed., which were derived from sources other than said section 4 of title VIII of the act of June 15, 1917, are incorporated in sections 502 and 957 of this title.
Editorial Notes
Amendments1976—Pub. L. 94–467 inserted “except in sections 112, 878, 970, 1116, and 1201” after “title”.
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# 18 U.S.C. § 12 - United States Postal Service defined
## Text
As used in this title, the term “Postal Service” means the United States Postal Service established under title 39, and every officer and employee of that Service, whether or not such officer or employee has taken the oath of office.
(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 91–375, § 6(j)(2), Aug. 12, 1970, 84 Stat. 777; Pub. L. 101–647, title XXXV, § 3505, Nov. 29, 1990, 104 Stat. 4921.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 301, 360 (Mar. 4, 1909, ch. 321, §§ 230, 231, 35 Stat. 1134). This section consolidates sections 301 and 360 of title 18, U.S.C., 1940 ed., with necessary changes in phraseology.
Editorial Notes
Amendments1990—Pub. L. 101–647 substituted “whether or not such officer or employee has taken the oath of office” for “whether he has taken the oath of office”. 1970—Pub. L. 91–375 inserted “United States” before “Postal Service” in section catchline and substituted in text as definition of “Postal Service” the United States Postal Service established under title 39, and every officer and employee of that Service, whether he has taken the oath of office, for prior definition which included the Post Office Department and every employee, thereof, whether or not he has taken the oath of office.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 AmendmentAmendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
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# 18 U.S.C. § 13 - Laws of States adopted for areas within Federal jurisdiction
## Text
(a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
(b) (1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.
(2) (A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, not more than 10 years, and an additional fine under this title, or both, if—
(i) a minor (other than the offender) was present in the motor vehicle when the offense was committed; and
(ii) the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).
(B) For the purposes of subparagraph (A), the term “minor” means a person less than 18 years of age.
(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.
(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 100–690, title VI, § 6477(a), Nov. 18, 1988, 102 Stat. 4381; Pub. L. 103–322, title X, § 100002, Sept. 13, 1994, 108 Stat. 1996; Pub. L. 104–132, title IX, § 901(b), Apr. 24, 1996, 110 Stat. 1317; Pub. L. 104–294, title VI, § 604(b)(32), Oct. 11, 1996, 110 Stat. 3508.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 468 (Mar. 4, 1909, ch. 321, § 289, 35 Stat. 1145; June 15, 1933, ch. 85, 48 Stat. 152; June 20, 1935, ch. 284, 49 Stat. 394; June 6, 1940, ch. 241, 54 Stat. 234). Act March 4, 1909, § 289 used the words “now in force” when referring to the laws of any State, organized Territory or district, to be considered in force. As amended on June 15, 1933, the words “by the laws thereof in force on June 1, 1933, and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal,” were used. The amendment of June 20, 1935, extended the date to “April 1, 1935,” and the amendment of June 6, 1940, extended the date to “February 1, 1940”. The revised section omits the specification of any date as unnecessary in a revision, which speaks from the date of its enactment. Such omission will not only make effective within Federal reservations, the local State laws in force on the date of the enactment of the revision, but will authorize the Federal courts to apply the same measuring stick to such offenses as is applied in the adjoining State under future changes of the State law and will make unnecessary periodic pro forma amendments of this section to keep abreast of changes of local laws. In other words, the revised section makes applicable to offenses committed on such reservations, the law of the place that would govern if the reservation had not been ceded to the United States. The word “Possession” was inserted to clarify scope of section. Minor changes were made in phraseology.
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104–132, § 901(b)(1), inserted “or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district” after “section 7 of this title,”. Subsec. (b)(2)(A). Pub. L. 104–294 substituted “under this title” for “of not more than $1,000”. Subsec. (c). Pub. L. 104–132, § 901(b)(2), added subsec. (c). 1994—Subsec. (b). Pub. L. 103–322 designated existing provisions as par. (1), substituted “Subject to paragraph (2) and for purposes” for “For purposes”, and added par. (2). 1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104–294, title VI, § 604(d), Oct. 11, 1996, 110 Stat. 3509, provided that: “The amendments made by this section [amending this section, sections 36, 112, 113, 241, 242, 245, 351, 511, 542, 544, 545, 668, 704, 709, 794, 1014, 1030, 1112, 1169, 1512, 1515, 1516, 1751, 1956, 1961, 2114, 2311, 2339A, 2423, 2511, 2512, 2721, 3059A, 3561, 3582, 3592, and 5037 of this title, section 802 of Title 21, Food and Drugs, sections 540A and 991 of Title 28, Judiciary and Judicial Procedure, and sections 3631, 5633, 10604, and 14011 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under sections 1001, 1169, and 2325 of this title and section 994 of Title 28] shall take effect on the date of enactment of Public Law 103–322 [Sept. 13, 1994].”
Executive Documents
Territorial Sea of United States For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
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# 18 U.S.C. § 14 - Repealed. Pub. L. 107–273, div. B, title IV, § 4004(a), Nov. 2, 2002, 116 Stat. 1812]
## Notes
Section, act June 25, 1948, ch. 645, 62 Stat. 686; Aug. 5, 1953, ch. 325, 67 Stat. 366; Pub. L. 87–845, § 3(a), Oct. 18, 1962, 76A Stat. 698; Pub. L. 90–357, § 59, June 22, 1968, 82 Stat. 248; Pub. L. 101–647, title XXXV, § 3519(c), Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103–322, title XXXIII, § 330010(9), Sept. 13, 1994, 108 Stat. 2143, listed Title 18 sections applicable to and within Canal Zone.
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# 18 U.S.C. § 15 - Obligation or other security of foreign government defined
## Text
The term “obligation or other security of any foreign government” includes, but is not limited to, uncanceled stamps, whether or not demonetized.
(Added Pub. L. 85–921, § 3, Sept. 2, 1958, 72 Stat. 1771.)
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# 18 U.S.C. § 16 - Crime of violence defined
## Text
The term “crime of violence” means—
(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(Added Pub. L. 98–473, title II, § 1001(a), Oct. 12, 1984, 98 Stat. 2136.)
## Notes
Editorial Notes
ConstitutionalityFor information regarding the constitutionality of this section, as added by section 1001(a) of Pub. L. 98–473, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
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# 18 U.S.C. § 17 - Insanity defense
## Text
(a) Affirmative Defense.— It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.
(b) Burden of Proof.— The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
(Added Pub. L. 98–473, title II, § 402(a), Oct. 12, 1984, 98 Stat. 2057, § 20; renumbered § 17, Pub. L. 99–646, § 34(a), Nov. 10, 1986, 100 Stat. 3599.)
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# 18 U.S.C. § 18 - Organization defined
## Text
As used in this title, the term “organization” means a person other than an individual.
(Added Pub. L. 99–646, § 38(a), Nov. 10, 1986, 100 Stat. 3599; amended Pub. L. 100–185, § 4(c), Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100–690, title VII, § 7012, Nov. 18, 1988, 102 Stat. 4395.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100–690 made technical correction of directory language of Pub. L. 99–646, § 38(a), similar to that made by Pub. L. 100–185. 1987—Pub. L. 100–185 made technical correction in directory language of Pub. L. 99–646, § 38(a).
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# 18 U.S.C. § 19 - Petty offense defined
## Text
As used in this title, the term “petty offense” means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization.
(Added Pub. L. 100–185, § 4(a), Dec. 11, 1987, 101 Stat. 1279; amended Pub. L. 100–690, title VII, § 7089(a), Nov. 18, 1988, 102 Stat. 4409.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100–690 inserted “, for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization” after “infraction”.
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# 18 U.S.C. § 2 - Principals
## Text
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
(June 25, 1948, ch. 645, 62 Stat. 684; Oct. 31, 1951, ch. 655, § 17b, 65 Stat. 717.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 550 (Mar. 4, 1909, ch. 321, § 332, 35 Stat. 1152). Section 2(a) comprises section 550 of title 18, U.S.C., 1940 ed., without change except in minor matters of phraseology. Section 2(b) is added to permit the deletion from many sections throughout the revision of such phrases as “causes or procures”. The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who “aids, abets, counsels, commands, induces or procures” another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States. It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense. This accords with the following decisions: Rothenburg v. United States, 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and United States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. United States v. Giles, 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888.
Editorial Notes
Amendments1951—Subsec. (a). Act Oct. 31, 1951, inserted “punishable as”. Subsec. (b). Act Oct. 31, 1951, inserted “willfully” before “causes”, and “or another” after “him”, and substituted “is punishable as a principal” for “is also a principal and punishable as such”.
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# 18 U.S.C. § 20 - Financial institution defined
## Text
As used in this title, the term “financial institution” means—
(1) an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act);
(2) a credit union with accounts insured by the National Credit Union Share Insurance Fund;
(3) a Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), of the Federal home loan bank system;
(4) a System institution of the Farm Credit System, as defined in section 5.35(3) of the Farm Credit Act of 1971;
(5) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662);
(6) a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act;
(7) a Federal Reserve bank or a member bank of the Federal Reserve System;
(8) an organization operating under section 25 or section 25(a) 11 See References in Text note below. of the Federal Reserve Act;
(9) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); or
(10) a mortgage lending business (as defined in section 27 of this title) or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974.
(Added Pub. L. 98–473, title II, § 1107(a), Oct. 12, 1984, 98 Stat. 2145, § 215(b); amended Pub. L. 99–370, § 2, Aug. 4, 1986, 100 Stat. 779; renumbered § 20 and amended Pub. L. 101–73, title IX, § 962(e)(1), (2), Aug. 9, 1989, 103 Stat. 503; Pub. L. 101–647, title XXV, § 2597(a), Nov. 29, 1990, 104 Stat. 4908; Pub. L. 111–21, § 2(a), May 20, 2009, 123 Stat. 1617.)
## Notes
Editorial Notes
References in TextSection 3 of the Federal Deposit Insurance Act, referred to in pars. (1) and (6), is classified to section 1813 of Title 12, Banks and Banking. Section 5.35(3) of the Farm Credit Act of 1971, referred to in par. (4), is classified to section 2271(3) of Title 12, Banks and Banking. Section 25 of the Federal Reserve Act, referred to in par. (8), is classified to subchapter I (§ 601 et seq.) of chapter 6 of Title 12, Banks and Banking. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281. Section 1(b) of the International Banking Act of 1978, referred to in par. (9), is classified to section 3101 of Title 12, Banks and Banking. Section 3 of the Real Estate Settlement Procedures Act of 1974, referred to in par. (10), is classified to section 2602 of Title 12, Banks and Banking.
Prior ProvisionsA prior section 20 was renumbered section 17 of this title.
Amendments2009—Par. (10). Pub. L. 111–21 added par. (10). 1990—Pars. (7) to (9). Pub. L. 101–647 added pars. (7) to (9). 1989—Pub. L. 101–73, § 962(e)(1), (2)(A)–(C), redesignated subsec. (b) of section 215 of this title as this section, inserted section catchline, struck out subsec. (b) designation before “As used”, and substituted “used in this title” for “used in this section”. Par. (1). Pub. L. 101–73, § 962(e)(2)(D), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “a bank with deposits insured by the Federal Deposit Insurance Corporation;”. Par. (2). Pub. L. 101–73, § 962(e)(2)(E), (H), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “an institution with accounts insured by the Federal Savings and Loan Insurance Corporation;”. Par. (3). Pub. L. 101–73, § 962(e)(2)(H), redesignated par. (4) as (3). Former par. (3) redesignated (2). Par. (4). Pub. L. 101–73, § 962(e)(2)(F), (H), redesignated par. (5) as (4) and amended it generally. Prior to amendment, par. (4) read as follows: “a Federal land bank, Federal intermediate credit bank, bank for cooperatives, production credit association, and Federal land bank association;”. Former par. (4) redesignated (3). Par. (5). Pub. L. 101–73, § 962(e)(2)(H), redesignated par. (6) as (5). Former par. (5) redesignated (4). Pars. (6), (7). Pub. L. 101–73, § 962(e)(2)(G), (H), redesignated par. (7) as (6) and amended it generally. Prior to amendment, par. (6) read as follows: “a bank holding company as defined in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); or”. Former par. (6) redesignated (5). Par. (8). Pub. L. 101–73, § 962(e)(2)(E), struck out par. (8) which read as follows: “a savings and loan holding company as defined in section 408 of the National Housing Act (12 U.S.C. 1730a).” 1986—Pub. L. 99–370 amended subsec. (b) [formerly § 215(b)] generally expanding provisions formerly contained in subsec. (c) [former § 215(c)] defining “financial institution”.
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# 18 U.S.C. § 21 - Stolen or counterfeit nature of property for certain crimes defined
## Text
(a) Wherever in this title it is an element of an offense that—
(1) any property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated; and
(2) the defendant knew that the property was of such character;
such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated.
(b) For purposes of this section, the term “official representation” means any representation made by a Federal law enforcement officer (as defined in section 115) or by another person at the direction or with the approval of such an officer.
(Added Pub. L. 103–322, title XXXII, § 320910(a), Sept. 13, 1994, 108 Stat. 2127.)
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# 18 U.S.C. § 23 - Court of the United States defined
## Text
As used in this title, except where otherwise expressly provided 22 So in original. Probably should be followed by a comma. the term “court of the United States” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands.
(Added Pub. L. 103–322, title XXXII, § 320914(a), Sept. 13, 1994, 108 Stat. 2128.)
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# 18 U.S.C. § 24 - Definitions relating to Federal health care offense
## Text
(a) As used in this title, the term “Federal health care offense” means a violation of, or a criminal conspiracy to violate—
(1) section 669, 1035, 1347, or 1518 of this title or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b); or
(2) section 287, 371, 664, 666, 1001, 1027, 1341, 1343, 1349, or 1954 of this title section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131), or section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974,,11 So in original. The second comma probably should follow “1954 of this title”. if the violation or conspiracy relates to a health care benefit program.
(b) As used in this title, the term “health care benefit program” means any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract.
(Added Pub. L. 104–191, title II, § 241(a), Aug. 21, 1996, 110 Stat. 2016; amended Pub. L. 111–148, title VI, § 6602, title X, § 10606(c), Mar. 23, 2010, 124 Stat. 780, 1008.)
## Notes
Editorial Notes
References in TextSections 411, 518, and 511 of the Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(2), are classified to sections 1111, 1148, and 1141, respectively, of Title 29, Labor.
Amendments2010—Subsec. (a)(1). Pub. L. 111–148, § 10606(c)(1), substituted “or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b); or” for semicolon. Subsec. (a)(2). Pub. L. 111–148, § 10606(c)(2)(B), which directed insertion of “section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131),” after “title,” was executed by making the insertion after “title” to reflect the probable intent of Congress because “title,” did not appear subsequent to amendment by Pub. L. 111–148, § 6602. See below. Pub. L. 111–148, § 10606(c)(2)(A), inserted “1349,” after “1343,”. Pub. L. 111–148, § 6602, inserted “or section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974,” after “1954 of this title”.
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# 18 U.S.C. § 25 - Use of minors in crimes of violence
## Text
(a) Definitions.— In this section, the following definitions shall apply:
(1) Crime of violence.— The term “crime of violence” has the meaning set forth in section 16.
(2) Minor.— The term “minor” means a person who has not reached 18 years of age.
(3) Uses.— The term “uses” means employs, hires, persuades, induces, entices, or coerces.
(b) Penalties.— Any person who is 18 years of age or older, who intentionally uses a minor to commit a crime of violence for which such person may be prosecuted in a court of the United States, or to assist in avoiding detection or apprehension for such an offense, shall—
(1) for the first conviction, be subject to twice the maximum term of imprisonment and twice the maximum fine that would otherwise be authorized for the offense; and
(2) for each subsequent conviction, be subject to 3 times the maximum term of imprisonment and 3 times the maximum fine that would otherwise be authorized for the offense.
(Added Pub. L. 108–21, title VI, § 601[(a)], Apr. 30, 2003, 117 Stat. 686.)
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# 18 U.S.C. § 26 - Definition of seaport
## Text
As used in this title, the term “seaport” means all piers, wharves, docks, and similar structures, adjacent to any waters subject to the jurisdiction of the United States, to which a vessel may be secured, including areas of land, water, or land and water under and in immediate proximity to such structures, buildings on or contiguous to such structures, and the equipment and materials on such structures or in such buildings.
(Added Pub. L. 109–177, title III, § 302(c), Mar. 9, 2006, 120 Stat. 233.)
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# 18 U.S.C. § 27 - Mortgage lending business defined
## Text
In this title, the term “mortgage lending business” means an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage companies and any subsidiaries of such organizations, and whose activities affect interstate or foreign commerce.
(Added Pub. L. 111–21, § 2(b)(1), May 20, 2009, 123 Stat. 1617.)
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# 18 U.S.C. § 28 - Human trafficking defense
## Text
(a) Definitions.— In this section—
(1) the term “covered Federal offense” means a level A offense or level B offense, as those terms are defined in section 3771A; and
(2) the term “victim of trafficking” has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(b) Duress.— In a prosecution for a covered Federal offense, a defendant may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense.
(c) Record or Proceeding Under Seal.— In any proceeding in which a defense under subsection (b) is raised, any record or part of the proceeding related to the defense shall, on motion, be placed under seal until such time as a conviction is entered for the offense.
(d) Post-Conviction Relief.— A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not preclude the individual from asserting as a mitigating factor, at sentencing or in a proceeding for any post-conviction relief, that at the time of the commission of the offense, the defendant was a victim of trafficking and committed the offense under duress.
(e) Federal Aid.— A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not be used for the purpose of disqualifying the individual from participating in any federally funded program that aids victims of trafficking.
(Added Pub. L. 119–73, § 6(a), Jan. 23, 2026, 139 Stat. 2009.)
## Notes
Statutory Notes and Related Subsidiaries
Rule of ConstructionPub. L. 119–73, § 8, Jan. 23, 2026, 139 Stat. 2010, provided that: “Nothing in this Act [see Short Title of 2026 Amendment note set out under section 1 of this title], or the amendments made by this Act, may be construed to conflict with any of the crime victims’ rights described in section 3771 of title 18, United States Code.”
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# 18 U.S.C. § 3 - Accessory after the fact
## Text
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 99–646, § 43, Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101–647, title XXXV, § 3502, Nov. 29, 1990, 104 Stat. 4921; Pub. L. 103–322, title XXXIII, §§ 330011(h), 330016(2)(A), Sept. 13, 1994, 108 Stat. 2145, 2148.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 551 (Mar. 4, 1909, ch. 321, § 333, 35 Stat. 1152). The first paragraph is new. It is based upon authority of Skelly v. United States (C. C. A. Okl. 1935, 76 F. 2d 483, certiorari denied, 1935, 55 S. Ct. 914, 295 U.S. 757, 79 L. Ed. 1699), where the court defined an accessory after the fact as— one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to hinder the felon’s apprehension, trial, or punishment— and cited Jones’ Blackstone, books 3 and 4, page 2204; U.S. v. Hartwell (Fed. Cas. No. 15,318); Albritton v. State (32 Fla. 358, 13 So. 955); State v. Davis (14 R. I. 281); Schleeter v. Commonwealth (218 Ky. 72, 290 S. W. 1075). (See also State v. Potter, 1942, 221 N. C. 153, 19 S. E. 2d 257; Hunter v. State, 1935, 128 Tex. Cr. R. 191, 79 S. W. 2d 855; State v. Wells, 1940, 195 La. 754, 197 So. 419.) The second paragraph is from section 551 of title 18, U.S.C., 1940 ed. Here only slight changes were made in phraseology.
Editorial Notes
Amendments1994—Pub. L. 103–322, § 330016(2)(A), inserted “(notwithstanding section 3571)” before “fined not more than one-half” in second par. Pub. L. 103–322, § 330011(h), amended directory language of Pub. L. 101–647, § 3502. See 1990 Amendment note below. 1990—Pub. L. 101–647, as amended by Pub. L. 103–322, § 330011(h), substituted “15 years” for “ten years” in second par. 1986—Pub. L. 99–646 inserted “life imprisonment or” in second par.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentPub. L. 103–322, title XXXIII, § 330011(h), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of Nov. 29, 1990.
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# 18 U.S.C. § 4 - Misprision of felony
## Text
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C. 1940 ed., § 251 (Mar. 4, 1909, ch. 321, § 146, 35 Stat. 1114). Changes in phraseology only.
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500”.
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# 18 U.S.C. § 5 - United States defined
## Text
The term “United States”, as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone.
(June 25, 1948, ch. 645, 62 Stat. 685.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 39, 133, 346, 381, 502, and 632, and section 40 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231). Section consolidates the first sentence of section 39, all of sections 133, 346, and 632, and the second sentences, respectively, of sections 381 and 502, all of title 18, U.S.C., 1940 ed., and section 40 of title 50, U.S.C., 1940 ed., War and National Defense, with minor changes in phraseology. All of these sections and parts of sections were derived from section 1 of title XIII of said act of June 15, 1917. Said section 40 of title 50, U.S.C., War and National Defense, has also been retained in that title, as it still relates to some sections therein which were not transferred to this title. The remainder of said section 39 of title 18, U.S.C., 1940 ed., which was derived from sections 2, 3, and 4 of title XIII of the act of June 15, 1917, relating to jurisdiction and other matters, is almost entirely obsolete. The provisions still in force are incorporated in section 3241 of this title. The remaining provisions of said sections 381 and 502 of title 18, U.S.C., 1940 ed., which were derived from sources other than said section 1 of title XIII of the act of June 15, 1917, are incorporated in sections 1364 and 2275 of this title.
Senate Revision AmendmentWords “, except the Canal Zone.” were substituted for the period in this section by Senate amendment. See Senate Report No. 1620, amendment No. 2, 80th Cong.
Editorial Notes
References in TextFor definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.
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# 18 U.S.C. § 6 - Department and agency defined
## Text
As used in this title: The term “department” means one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government. The term “agency” includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense.
(June 25, 1948, ch. 645, 62 Stat. 685.)
## Notes
Historical and Revision NotesThis section defines the terms “department” and “agency” of the United States. The word “department” appears 57 times in title 18, U.S.C., 1940 ed., and the word “agency” 14 times. It was considered necessary to define clearly these words in order to avoid possible litigation as to the scope or coverage of a given section containing such words. (See United States v. Germaine, 1878, 99 U.S. 508, 25 L. Ed. 482, for definition of words “department” or “head of department.”) The phrase “corporation in which the United States has a proprietary interest” is intended to include those governmental corporations in which stock is not actually issued, as well as those in which stock is owned by the United States. It excludes those corporations in which the interest of the Government is custodial or incidental.
Editorial Notes
References in TextSection 1 of Title 5, referred to in text, was repealed by Pub. L. 89–554, § 8, Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as section 101 of Title 5, Government Organization and Employees.
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# 18 U.S.C. § 7 - Special maritime and territorial jurisdiction of the United States defined
## Text
The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes:
(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.
(2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.
(3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.
(4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States.
(5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.
(6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.
(7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.
(8) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States.
(9) With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act—
(A) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and
(B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.
Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261(a) of this title.
(June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat. 589; Pub. L. 97–96, § 6, Dec. 21, 1981, 95 Stat. 1210; Pub. L. 98–473, title II, § 1210, Oct. 12, 1984, 98 Stat. 2164; Pub. L. 103–322, title XII, § 120002, Sept. 13, 1994, 108 Stat. 2021; Pub. L. 107–56, title VIII, § 804, Oct. 26, 2001, 115 Stat. 377.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 451 (Mar. 4, 1909, ch. 321, § 272, 35 Stat. 1142; June 11, 1940, ch. 323, 54 Stat. 304). The words “The term ‘special maritime and territorial jurisdiction of the United States’ as used in this title includes:” were substituted for the words “The crimes and offenses defined in sections 451–468 of this title shall be punished as herein prescribed.” This section first appeared in the 1909 Criminal Code. It made it possible to combine in one chapter all the penal provisions covering acts within the admiralty and maritime jurisdiction without the necessity of repeating in each section the places covered. The present section has made possible the allocation of the diverse provisions of chapter 11 of Title 18, U.S.C., 1940 ed., to particular chapters restricted to particular offenses, as contemplated by the alphabetical chapter arrangement. In several revised sections of said chapter 11 the words “within the special maritime and territorial jurisdiction of the United States” have been added. Thus the jurisdictional limitation will be preserved in all sections of said chapter 11 describing an offense. Enumeration of names of Great Lakes was omitted as unnecessary. Other minor changes were necessary now that the section defines a term rather than the place of commission of crime or offense; however, the extent of the special jurisdiction as originally enacted has been carefully followed.
Editorial Notes
References in TextSection 101 of the Immigration and Nationality Act, referred to in par. (9), is classified to section 1101 of Title 8, Aliens and Nationality.
Amendments2001—Par. (9). Pub. L. 107–56 added par. (9). 1994—Par. (8). Pub. L. 103–322 added par. (8). 1984—Par. (7). Pub. L. 98–473 added par. (7). 1981—Par. (6). Pub. L. 97–96 added par. (6). 1952—Par. (5). Act July 12, 1952, added par. (5).
Statutory Notes and Related Subsidiaries
Territorial Sea Extending to Twelve Miles Included in Special Maritime and Territorial JurisdictionPub. L. 104–132, title IX, § 901(a), Apr. 24, 1996, 110 Stat. 1317, provided that: “The Congress declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988 [set out as a note under section 1331 of Title 43, Public Lands], for purposes of Federal criminal jurisdiction is part of the United States, subject to its sovereignty, and is within the special maritime and territorial jurisdiction of the United States for the purposes of title 18, United States Code.”
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# 18 U.S.C. § 8 - Obligation or other security of the United States defined
## Text
The term “obligation or other security of the United States” includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.
(June 25, 1948, ch. 645, 62 Stat. 685.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 261 (Mar. 4, 1909, ch. 321, § 147, 35 Stat. 1115; Jan. 27, 1938, ch. 10, § 3, 52 Stat. 7). The terms of this section were general enough to justify its inclusion in this chapter rather than retaining it in the chapter on “Counterfeiting” where the terms which it specifically defines are set out in sections 471–476, 478, 481, 483, 492, and 504 of this title. Words “Federal Reserve notes, Federal Reserve bank notes” were inserted before “coupons” because such notes have almost supplanted national bank currency. Minor changes were made in phraseology.
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# 18 U.S.C. § 9 - Vessel of the United States defined
## Text
The term “vessel of the United States”, as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof.
(June 25, 1948, ch. 645, 62 Stat. 685.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 501 (Mar. 4, 1909, ch. 321, § 310, 35 Stat. 1148). Section is made applicable to the entire title rather than to sections 481 et seq. of title 18, U.S.C., 1940 ed. Minor changes in phraseology were made.
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# 18 U.S.C. § 175 - Prohibitions with respect to biological weapons
## Text
(a) In General.— Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States.
(b) Additional Offense.— Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms “biological agent” and “toxin” do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.
(c) Definition.— For purposes of this section, the term “for use as a weapon” includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes.
(Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 201; amended Pub. L. 104–132, title V, § 511(b)(1), Apr. 24, 1996, 110 Stat. 1284; Pub. L. 107–56, title VIII, § 817(1), Oct. 26, 2001, 115 Stat. 385; Pub. L. 107–188, title II, § 231(c)(1), June 12, 2002, 116 Stat. 661.)
## Notes
Editorial Notes
Amendments2002—Subsec. (c). Pub. L. 107–188 substituted “protective, bona fide research, or other peaceful purposes” for “protective bona fide research, or other peaceful purposes”. 2001—Subsec. (b). Pub. L. 107–56, § 817(1)(C), added subsec. (b). Former subsec. (b) redesignated (c). Pub. L. 107–56, § 817(1)(A), substituted “includes” for “does not include” and inserted “other than” after “delivery system for” and “bona fide research” after “protective”. Subsec. (c). Pub. L. 107–56, § 817(1)(B), redesignated subsec. (b) as (c). 1996—Subsec. (a). Pub. L. 104–132 inserted “or attempts, threatens, or conspires to do the same,” before “shall be fined under this title”.
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 101–298, § 1, May 22, 1990, 104 Stat. 201, provided that: “This Act [enacting this chapter and amending section 2516 of this title] may be cited as the ‘Biological Weapons Anti-Terrorism Act of 1989’.”
Purpose and IntentPub. L. 101–298, § 2, May 22, 1990, 104 Stat. 201, provided that: “(a) Purpose.—The purpose of this Act [see Short Title note above] is to—“(1) implement the Biological Weapons Convention, an international agreement unanimously ratified by the United States Senate in 1974 and signed by more than 100 other nations, including the Soviet Union; and “(2) protect the United States against the threat of biological terrorism. “(b) Intent of Act.—Nothing in this Act is intended to restrain or restrict peaceful scientific research or development.”
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# 18 U.S.C. § 175a - Requests for military assistance to enforce prohibition in certain emergencies
## Text
The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 11 See References in Text note below. in support of Department of Justice activities relating to the enforcement of section 175 of this title in an emergency situation involving a biological weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.1
(Added Pub. L. 104–201, div. A, title XIV, § 1416(c)(1)(A), Sept. 23, 1996, 110 Stat. 2723.)
## Notes
Editorial Notes
References in TextSection 382 of title 10, referred to in text, was renumbered section 282 of title 10, Armed Forces, by Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.
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# 18 U.S.C. § 175b - Possession by restricted persons
## Text
(a) Offense.— (1) In general.— It shall be unlawful for a restricted person to—
(A) ship, transport, or possess in or affecting interstate or foreign commerce any biological agent or toxin described in paragraph (2); or
(B) receive any biological agent or toxin described in paragraph (2) that has been shipped or transported in interstate or foreign commerce.
(2) Agents and toxins covered.— A biological agent or toxin described in this paragraph is a biological agent or toxin that—
(A) is listed as a non-overlap or overlap select biological agent or toxin under part 73 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act (42 U.S.C. 262a); and
(B) is not excluded or exempted under part 73 of title 42, Code of Federal Regulations.
(3) Penalty.— Whoever knowingly violates this section shall be fined as provided in this title, imprisoned not more than 10 years, or both, but the prohibition contained in this section shall not apply with respect to any duly authorized United States governmental activity.
(b) Transfer to Unregistered Person.— (1) Select agents.— Whoever transfers a select agent to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 351A of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both.
(2) Certain other biological agents and toxins.— Whoever transfers a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 212 of such Act shall be fined under this title, or imprisoned for not more than 5 years, or both.
(c) Unregistered for Possession.— (1) Select agents.— Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a select agent for which such person has not obtained a registration required by regulations under section 351A(c) of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both.
(2) Certain other biological agents and toxins.— Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 for which such person has not obtained a registration required by regulations under section 212(c) of such Act shall be fined under this title, or imprisoned for not more than 5 years, or both.
(d) Definitions.— In this section:
(1) The term “select agent” means a biological agent or toxin to which subsection (a) applies. Such term (including for purposes of subsection (a)) does not include any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.
(2) The term “restricted person” means an individual who—
(A) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year;
(B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(C) is a fugitive from justice;
(D) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(E) is an alien illegally or unlawfully in the United States;
(F) has been adjudicated as a mental defective or has been committed to any mental institution;
(G) (i) is an alien (other than an alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 6(j) 11 See References in Text note below. of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act (22 U.S.C. 2780(d)), has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph;
(H) has been discharged from the Armed Services of the United States under dishonorable conditions; or
(I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).
(3) The term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
(4) The term “lawfully admitted for permanent residence” has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
(Added Pub. L. 107–56, title VIII, § 817(2), Oct. 26, 2001, 115 Stat. 385; amended Pub. L. 107–188, title II, § 231(a), (b)(1), (c)(2), June 12, 2002, 116 Stat. 660, 661; Pub. L. 107–273, div. B, title IV, § 4005(g), Nov. 2, 2002, 116 Stat. 1813; Pub. L. 108–458, title VI, § 6802(c), (d)(1), Dec. 17, 2004, 118 Stat. 3767; Pub. L. 116–31, § 2, July 25, 2019, 133 Stat. 1034.)
## Notes
Editorial Notes
References in TextSection 351A of the Public Health Service Act, referred to in subsecs. (b)(1) and (c)(1), is classified to section 262a of Title 42, The Public Health and Welfare. Section 212 of the Agricultural Bioterrorism Protection Act of 2002, referred to in subsecs. (b)(2) and (c)(2), is classified to section 8401 of Title 7, Agriculture. Section 6(j) of the Export Administration Act of 1979, referred to in subsec. (d)(2)(G)(i), was classified to section 2405(j) of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as section 4605(j) of Title 50, and was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of Title 50, see section 4813(c) of Title 50, as enacted by Pub. L. 115–232.
Amendments2019—Subsec. (a). Pub. L. 116–31, § 2(1), inserted subsec. heading; added pars. (1) and (2); redesignated former par. (2) as (3), inserted par. heading and realigned margin; and struck out former par. (1) which prohibited the shipment, transportation, or possession of certain biological agents or toxins. Subsec. (d). Pub. L. 116–31, § 2(2), inserted heading. 2004—Subsec. (a)(1). Pub. L. 108–458, § 6802(d)(1), substituted “as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations” for “as a select agent in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not exempted under subsection (h) of section 72.6, or Appendix A of part 72, of title 42, Code of Federal Regulations”. Subsec. (d)(2)(G). Pub. L. 108–458, § 6802(c)(1), designated existing provisions as cl. (i), added cl. (ii), and struck out “or” at end. Subsec. (d)(2)(H). Pub. L. 108–458, § 6802(c)(2), substituted “; or” for period at end. Subsec. (d)(2)(I). Pub. L. 108–458, § 6802(c)(3), added subpar. (I). 2002—Pub. L. 107–273 substituted “Possession by restricted persons” for “Select agents; certain other agents” in section catchline. Pub. L. 107–188, § 231(b)(1)(B), substituted “Select agents; certain other agents” for “Possession by restricted persons” in section catchline. Subsec. (a)(1). Pub. L. 107–188, § 231(a)(1), (c)(2)(A), designated existing provisions of subsec. (a) as par. (1) and substituted “shall ship or transport in or affecting interstate or foreign commerce, or possess in or affecting interstate or foreign commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a select agent in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not exempted under subsection (h) of section 72.6, or Appendix A of part 72, of title 42, Code of Federal Regulations” for “described in subsection (b) shall ship or transport interstate or foreign commerce, or possess in or affecting commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a select agent in subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(l) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), and is not exempted under subsection (h) of such section 72.6, or appendix A of part 72 of the Code of Regulations”. Subsec. (a)(2). Pub. L. 107–188, § 231(a)(2), (3), redesignated and transferred subsec. (c) as par. (2) of subsec. (a). Subsec. (b). Pub. L. 107–188, § 231(a)(5), added subsec. (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 107–188, § 231(a)(5), added subsec. (c). Former subsec. (c) redesignated (a)(2). Subsec. (d). Pub. L. 107–188, § 231(a)(4), redesignated subsec. (b) as (d). Subsec. (d)(1). Pub. L. 107–188, § 231(b)(1)(A), substituted “The term ‘select agent’ means a biological agent or toxin to which subsection (a) applies. Such term (including for purposes of subsection (a)) does not include” for “The term ‘select agent’ does not include”. Subsec. (d)(3). Pub. L. 107–188, § 231(c)(2)(B), substituted “section 101(a)(3)” for “section 1010(a)(3)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108–458, title VI, § 6802(d)(2), Dec. 17, 2004, 118 Stat. 3767, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective [probably means the effective date of the final rule revising sections 73.4, 73.5, and 73.6 of title 42, C.F.R., which was Apr. 18, 2005, see 70 F.R. 13294].”
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# 18 U.S.C. § 175c - Variola virus
## Text
(a) Unlawful Conduct.— (1) In general.— Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus.
(2) Exception.— This subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services.
(b) Jurisdiction.— Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—
(1) the offense occurs in or affects interstate or foreign commerce;
(2) the offense occurs outside of the United States and is committed by a national of the United States;
(3) the offense is committed against a national of the United States while the national is outside the United States;
(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
(c) Criminal Penalties.— (1) In general.— Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.
(2) Other circumstances.— Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life.
(3) Special circumstances.— If the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.
(d) Definition.— As used in this section, the term “variola virus” means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus.
(Added Pub. L. 108–458, title VI, § 6906, Dec. 17, 2004, 118 Stat. 3773.)
## Notes
Statutory Notes and Related Subsidiaries
Findings and PurposePub. L. 108–458, title VI, § 6902, Dec. 17, 2004, 118 Stat. 3769, provided that: “(a) Findings.—Congress makes the following findings:“(1) The criminal use of man-portable air defense systems (referred to in this section as ‘MANPADS’) presents a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that harbor them. “(2) Atomic weapons or weapons designed to release radiation (commonly known as ‘dirty bombs’) could be used by terrorists to inflict enormous loss of life and damage to property and the environment. “(3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention, meaning that it is believed to pose the greatest potential threat for adverse public health impact and has a moderate to high potential for large-scale dissemination. The last case of smallpox in the United States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox has been officially eradicated after a successful worldwide vaccination program, there remain two official repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal to terrorists. “(4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign policy, economy, and environment of the United States. Accordingly, the United States has a compelling national security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including their unauthorized production, construction, acquisition, transfer, possession, import, or export. All of these activities markedly increase the chances that such items will be obtained by terrorist organizations or rogue states, which could use them to attack the United States, its allies, or United States nationals or corporations. “(5) There is no legitimate reason for a private individual or company, absent explicit government authorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use MANPADS, atomic or radiological weapons, or the variola virus. “(b) Purpose.—The purpose of this subtitle [subtitle J (§§ 6901–6911) of title VI of Pub. L. 108–458, see Short Title of 2004 Amendment note set out under section 1 of this title] is to combat the potential use of weapons that have the ability to cause widespread harm to United States persons and the United States economy (and that have no legitimate private use) and to threaten or harm the national security or foreign relations of the United States.”
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# 18 U.S.C. § 176 - Seizure, forfeiture, and destruction
## Text
(a) In General.— (1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that—
(A) pertains to conduct prohibited under section 175 of this title; or
(B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.
(2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant.
(b) Procedure.— Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the Government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section.
(c) Affirmative Defense.— It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that—
(1) such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and
(2) such biological agent, toxin, or delivery system, is of a type and quantity reasonable for that purpose.
(Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub. L. 103–322, title XXXIII, § 330010(16), Sept. 13, 1994, 108 Stat. 2144; Pub. L. 107–188, title II, § 231(c)(3), June 12, 2002, 116 Stat. 661.)
## Notes
Editorial Notes
Amendments2002—Subsec. (a)(1)(A). Pub. L. 107–188 substituted “pertains to” for “exists by reason of”. 1994—Subsec. (b). Pub. L. 103–322 substituted “the Government” for “the government”.
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# 18 U.S.C. § 177 - Injunctions
## Text
(a) In General.— The United States may obtain in a civil action an injunction against—
(1) the conduct prohibited under section 175 of this title;
(2) the preparation, solicitation, attempt, threat, or conspiracy to engage in conduct prohibited under section 175 of this title; or
(3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.
(b) Affirmative Defense.— It is an affirmative defense against an injunction under subsection (a)(3) of this section that—
(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and
(2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.
(Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub. L. 104–132, title V, § 511(b)(2), Apr. 24, 1996, 110 Stat. 1284.)
## Notes
Editorial Notes
Amendments1996—Subsec. (a)(2). Pub. L. 104–132 inserted “threat,” after “attempt,”.
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# 18 U.S.C. § 178 - Definitions
## Text
As used in this chapter—
(1) the term “biological agent” means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing—
(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(B) deterioration of food, water, equipment, supplies, or material of any kind; or
(C) deleterious alteration of the environment;
(2) the term “toxin” means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes—
(A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
(B) any poisonous isomer or biological product, homolog, or derivative of such a substance;
(3) the term “delivery system” means—
(A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or
(B) any vector;
(4) the term “vector” means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host; and
(5) the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub. L. 104–132, title V, § 511(b)(3), title VII, § 721(h), Apr. 24, 1996, 110 Stat. 1284, 1299; Pub. L. 107–188, title II, § 231(c)(4), June 12, 2002, 116 Stat. 661.)
## Notes
Editorial Notes
Amendments2002—Par. (1). Pub. L. 107–188, § 231(c)(4)(A), in introductory provisions substituted “means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of” for “means any micro-organism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, capable of”. Par. (2). Pub. L. 107–188, § 231(c)(4)(B), in introductory provisions substituted “means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes—” for “means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including—”. Par. (4). Pub. L. 107–188, § 231(c)(4)(C), substituted “recombinant or synthesized molecule,” for “recombinant molecule, or biological product that may be engineered as a result of biotechnology,”. 1996—Par. (1). Pub. L. 104–132, § 511(b)(3)(A), substituted “infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product” for “or infectious substance” in introductory provisions. Par. (2). Pub. L. 104–132, § 511(b)(3)(B)(i), (ii), in introductory provisions, inserted “the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule” after “means” and substituted “production, including—” for “production—”. Par. (2)(A). Pub. L. 104–132, § 511(b)(3)(B)(iii), inserted “or biological product that may be engineered as a result of biotechnology” after “poisonous substance”. Par. (2)(B). Pub. L. 104–132, § 511(b)(3)(B)(iv), inserted “or biological product” after “isomer”. Par. (4). Pub. L. 104–132, § 511(b)(3)(C), inserted “, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology,” after “organism”. Par. (5). Pub. L. 104–132, § 721(h), added par. (5).
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# 18 U.S.C. § 2071 - Concealment, removal, or mutilation generally
## Text
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 101–510, div. A, title V, § 552(a), Nov. 5, 1990, 104 Stat. 1566; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 234, 235 (Mar. 4, 1909, ch. 321, §§ 128, 129, 35 Stat. 1111, 1112). Section consolidates sections 234 and 235 of title 18, U.S.C., 1940 ed. Reference in subsection (a) to intent to steal was omitted as covered by section 641 of this title. Minor changes were made in phraseology.
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000” in subsecs. (a) and (b). 1990—Subsec. (b). Pub. L. 101–510 inserted at end “As used in this subsection, the term ‘office’ does not include the office held by any person as a retired officer of the Armed Forces of the United States.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPub. L. 101–510, div. A, title V, § 552(b), Nov. 5, 1990, 104 Stat. 1567, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of January 1, 1989.”
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---
# 18 U.S.C. § 2072 - False crop reports
## Text
Whoever, being an officer or employee of the United States or any of its agencies, whose duties require the compilation or report of statistics or information relating to the products of the soil, knowingly compiles for issuance, or issues, any false statistics or information as a report of the United States or any of its agencies, shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 215 (Mar. 4, 1909, ch. 321, § 124, 35 Stat. 1111). Words “or any of its agencies” were inserted after “United States” so as to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title.) Minor changes were made in phraseology.
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.
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# 18 U.S.C. § 2073 - False entries and reports of moneys or securities
## Text
Whoever, being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of keeping accounts or records of any kind, with intent to deceive, mislead, injure, or defraud, makes in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties; or Whoever, being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, with like intent, makes a false report of such moneys or securities— Shall be fined under this title or imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 189 (Mar. 4, 1911, ch. 270, 36 Stat. 1355). Words “or any of its agencies” were inserted after “United States” so as to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title.) References to persons aiding and abetting were omitted. Such persons are principals under section 2 of this title. Minor verbal changes were made.
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in last par.
legal/us/code/title-18/chapter-101/section-2074.md
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# 18 U.S.C. § 2074 - False weather reports
## Text
Whoever knowingly issues or publishes any counterfeit weather forecast or warning of weather conditions falsely representing such forecast or warning to have been issued or published by the Weather Bureau, United States Signal Service, or other branch of the Government service, shall be fined under this title or imprisoned not more than ninety days, or both.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 117 (Mar. 4, 1909, ch. 321, § 61, 35 Stat. 1100). Minor verbal changes were made.
Editorial Notes
References in TextThe United States Signal Service, referred to in text, is now the Signal Corps which is a branch of the Army, see section 3063 of Title 10, Armed Forces.
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500”.
Executive Documents
Transfer of Functions Weather Bureau of Department of Commerce consolidated with Coast and Geodetic Survey to form a new agency in Department of Commerce to be known as Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. All functions of Bureau transferred to Secretary of Commerce by the Plan. Environmental Science Services Administration abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees, which created National Oceanic and Atmospheric Administration in Department of Commerce. By Department Organization Order 25–5A, republished 39 F.R. 27486, Secretary of Commerce delegated to NOAA his functions relating to Weather Bureau. By order of Acting Associate Administrator of NOAA, the organization name of Weather Bureau was changed to National Weather Service. For further details, see Codification note under section 311 of Title 15, Commerce and Trade.
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# 18 U.S.C. § 2075 - Officer failing to make returns or reports
## Text
Every officer who neglects or refuses to make any return or report which he is required to make at stated times by any Act of Congress or regulation of the Department of the Treasury, other than his accounts, within the time prescribed by such Act or regulation, shall be fined under this title.
(June 25, 1948, ch. 645, 62 Stat. 796; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(ii), Nov. 2, 2002, 116 Stat. 1809.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 188, (Mar. 4, 1909, ch. 321, § 101, 35 Stat. 1107).
Editorial Notes
Amendments2002—Pub. L. 107–273 substituted “under this title” for “not more than $1,000”.
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# 18 U.S.C. § 2076 - Clerk of United States District Court
## Text
Whoever, being a clerk of a district court of the United States, willfully refuses or neglects to make or forward any report, certificate, statement, or document as required by law, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 796; Pub. L. 104–294, title VI, § 601(a)(11), Oct. 11, 1996, 110 Stat. 3498.)
## Notes
Historical and Revision NotesBased on section 522 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Feb. 22, 1875, ch. 95, § 6, 18 Stat. 334). The reference to the offense as a misdemeanor was omitted as unnecessary in view of the definition of “misdemeanor” in section 1 of this title. The last sentence providing that conviction should not be a condition precedent to removal from office was omitted as unnecessary. Minor changes were made in phraseology.
Editorial Notes
Amendments1996—Pub. L. 104–294 substituted “fined under this title or imprisoned not more than one year, or both” for “fined not more than $1,000 or imprisoned not more than one year” before period at end.
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# 18 U.S.C. § 2101 - Riots
## Text
(a) Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including, but not limited to, the mail, telegraph, telephone, radio, or television, with intent—
(1) to incite a riot; or
(2) to organize, promote, encourage, participate in, or carry on a riot; or
(3) to commit any act of violence in furtherance of a riot; or
(4) to aid or abet any person in inciting or participating in or carrying on a riot or committing any act of violence in furtherance of a riot;
and who either during the course of any such travel or use or thereafter performs or attempts to perform any other overt act for any purpose specified in subparagraph (A), (B), (C), or (D) of this paragraph— 11 So in original. Probably should be “paragraph (1), (2), (3), or (4) of this subsection—”.
Shall be fined under this title, or imprisoned not more than five years, or both.
(b) In any prosecution under this section, proof that a defendant engaged or attempted to engage in one or more of the overt acts described in subparagraph (A), (B), (C), or (D) of paragraph (1) of subsection (a) 22 So in original. Probably should be “paragraph (1), (2), (3), or (4) of subsection (a)”. and (1) has traveled in interstate or foreign commerce, or (2) has use of or used any facility of interstate or foreign commerce, including but not limited to, mail, telegraph, telephone, radio, or television, to communicate with or broadcast to any person or group of persons prior to such overt acts, such travel or use shall be admissible proof to establish that such defendant traveled in or used such facility of interstate or foreign commerce.
(c) A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.
(d) Whenever, in the opinion of the Attorney General or of the appropriate officer of the Department of Justice charged by law or under the instructions of the Attorney General with authority to act, any person shall have violated this chapter, the Department shall proceed as speedily as possible with a prosecution of such person hereunder and with any appeal which may lie from any decision adverse to the Government resulting from such prosecution.
(e) Nothing contained in this section shall be construed to make it unlawful for any person to travel in, or use any facility of, interstate or foreign commerce for the purpose of pursuing the legitimate objectives of organized labor, through orderly and lawful means.
(f) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section; nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law.
(Added Pub. L. 90–284, title I, § 104(a), Apr. 11, 1968, 82 Stat. 75; amended Pub. L. 99–386, title I, § 106, Aug. 22, 1986, 100 Stat. 822; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(15), Oct. 11, 1996, 110 Stat. 3500.)
## Notes
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104–294 struck out par. (1) designation and redesignated subpars. (A) to (D) as pars. (1) to (4), respectively. 1994—Subsec. (a)(1). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1986—Subsec. (d). Pub. L. 99–386 struck out “; or in the alternative shall report in writing, to the respective Houses of the Congress, the Department’s reason for not so proceeding” after “such prosecution”.
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# 18 U.S.C. § 2102 - Definitions
## Text
(a) As used in this chapter, the term “riot” means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.
(b) As used in this chapter, the term “to incite a riot”, or “to organize, promote, encourage, participate in, or carry on a riot”, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.
(Added Pub. L. 90–284, title I, § 104(a), Apr. 11, 1968, 82 Stat. 76.)
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# 18 U.S.C. § 2111 - Special maritime and territorial jurisdiction
## Text
Whoever, within the special maritime and territorial jurisdiction of the United States, by force and violence, or by intimidation, takes or attempts to take from the person or presence of another anything of value, shall be imprisoned not more than fifteen years.
(June 25, 1948, ch. 645, 62 Stat. 796; Pub. L. 103–322, title XXXII, § 320903(a)(1), Sept. 13, 1994, 108 Stat. 2124.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 463 (Mar. 4, 1909, ch. 321, § 284, 35 Stat. 1144). Words “within the special maritime and territorial jurisdiction of the United States” were added to restrict the place of the offense to those places described in section 451 of title 18, U.S.C., 1940 ed., now section 7 of this title. Minor changes were made in phraseology.
Editorial Notes
Amendments1994—Pub. L. 103–322 inserted “or attempts to take” after “takes”.
Statutory Notes and Related Subsidiaries
Short Title of 1996 AmendmentPub. L. 104–217, § 1, Oct. 1, 1996, 110 Stat. 3020, provided that: “This Act [amending section 2119 of this title] may be cited as the ‘Carjacking Correction Act of 1996’.”
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# 18 U.S.C. § 2112 - Personal property of United States
## Text
Whoever robs or attempts to rob another of any kind or description of personal property belonging to the United States, shall be imprisoned not more than fifteen years.
(June 25, 1948, ch. 645, 62 Stat. 796; Pub. L. 103–322, title XXXII, § 320903(a)(2), Sept. 13, 1994, 108 Stat. 2124.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 99 (Mar. 4, 1909, ch. 321, § 46, 35 Stat. 1097). That portion of said section 99 relating to felonious taking was omitted as covered by section 641 of this title. The punishment by fine of not more than $5,000 or imprisoned not more than 10 years, or both, was changed to harmonize with section 2111 of this title. The 15–year penalty is not excessive for an offense of this type. Minor verbal change was made.
Editorial Notes
Amendments1994—Pub. L. 103–322 inserted “or attempts to rob” after “robs”.
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# 18 U.S.C. § 2113 - Bank robbery and incidental crimes
## Text
(a) Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association; orWhoever enters or attempts to enter any bank, credit union, or any savings and loan association, or any building used in whole or in part as a bank, credit union, or as a savings and loan association, with intent to commit in such bank, credit union, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank, credit union, or such savings and loan association and in violation of any statute of the United States, or any larceny— Shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than ten years, or both; orWhoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value not exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than one year, or both.
(c) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) for the taker.
(d) Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined under this title or imprisoned not more than twenty-five years, or both.
(e) Whoever, in committing any offense defined in this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than ten years, or if death results shall be punished by death or life imprisonment.
(f) As used in this section the term “bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), and any institution the deposits of which are insured by the Federal Deposit Insurance Corporation.
(g) As used in this section the term “credit union” means any Federal credit union and any State-chartered credit union the accounts of which are insured by the National Credit Union Administration Board, and any “Federal credit union” as defined in section 2 of the Federal Credit Union Act. The term “State-chartered credit union” includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.
(h) As used in this section, the term “savings and loan association” means—
(1) a Federal savings association or State savings association (as defined in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b))) having accounts insured by the Federal Deposit Insurance Corporation; and
(2) a corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under the laws of the United States.
(June 25, 1948, ch. 645, 62 Stat. 796; Aug. 3, 1950, ch. 516, 64 Stat. 394; Apr. 8, 1952, ch. 164, 66 Stat. 46; Pub. L. 86–354, § 2, Sept. 22, 1959, 73 Stat. 639; Pub. L. 91–468, § 8, Oct. 19, 1970, 84 Stat. 1017; Pub. L. 98–473, title II, § 1106, Oct. 12, 1984, 98 Stat. 2145; Pub. L. 99–646, § 68, Nov. 10, 1986, 100 Stat. 3616; Pub. L. 101–73, title IX, § 962(a)(7), (d), Aug. 9, 1989, 103 Stat. 502, 503; Pub. L. 101–647, title XXV, § 2597(l), Nov. 29, 1990, 104 Stat. 4911; Pub. L. 103–322, title VI, § 60003(a)(9), title XXXII, § 320608, title XXXIII, § 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 1969, 2120, 2147; Pub. L. 104–294, title VI, §§ 606(a), 607(d), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(ii), Nov. 2, 2002, 116 Stat. 1809.)
## Notes
Historical and Revision NotesBased on sections 588a, 588b, 588c, of title 12, U.S.C., 1940 ed., Banks and Banking (May 18, 1934, ch. 304, §§ 1, 2, 3, 48 Stat. 783; Aug. 23, 1935, ch. 614, § 333, 49 Stat. 720; Aug. 24, 1937, ch. 747, 50 Stat. 749; June 29, 1940, ch. 455, 54 Stat. 695). Section consolidates sections 588a, 588b, and 588c of title 12, U.S.C., 1940 ed., Banks and Banking, as suggested by United States Attorney Clyde O. Eastus, of Fort Worth, Tex. Words “felony or larceny” in subsection (a) were changed to “felony affecting such bank and in violation of any statute of the United States, or any larceny”. Use of term “felony” without limitation caused confusion as to whether a common law, State, or Federal felony was intended. Change conforms with Jerome v. U.S. (1943, 63 S. Ct. 483, 318 U.S. 101, 87 L. Ed. 640): “§ 2(a) [§ 588b(a) of title 12, U.S.C., 1940 ed., Banks and Banking] is not deprived of vitality if it is interpreted to exclude State felonies and to include only those Federal felonies which affect banks protected by the Act.” Minimum punishment provisions were omitted from subsection (c). (See reviser’s note under section 203 of this title.) Also the provisions of subsection (b) measuring the punishment by the amount involved were extended and made applicable to the receiver as well as the thief. There seems no good reason why the thief of less than $100 should be liable to a maximum of imprisonment for one year and the receiver subject to 10 years. The figures “100” were substituted for “50” in view of the fact that the present worth of $100 is less than the value of $50 when that sum was fixed as the dividing line between petit larceny and grand larceny. The attention of Congress is directed to the mandatory minimum punishment provisions of sections 2113(e) and 2114 of this title. These were left unchanged because of the controversial question involved. Such legislative attempts to control the discretion of the sentencing judge are contrary to the opinions of experienced criminologists and criminal law experts. They are calculated to work manifest injustice in many cases. Necessary minor translations of section references, and changes in phraseology, were made.
Editorial Notes
References in TextSection 1(b) of the International Banking Act of 1978, referred to in subsec. (f), is classified to section 3101 of Title 12, Banks and Banking. Section 2 of the Federal Credit Union Act, referred to in subsec. (g), is classified to section 1752 of Title 12.
Amendments2002—Subsec. (b). Pub. L. 107–273 substituted “under this title” for “not more than $1,000” in last par. 1996—Subsec. (b). Pub. L. 104–294, § 606(a), substituted “exceeding $1,000” for “exceeding $100” in two places. Subsec. (g). Pub. L. 104–294, § 607(d), inserted at end “The term ‘State-chartered credit union’ includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.” 1994—Subsecs. (a), (b). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in last par. of subsec. (a) and first par. of subsec. (b). Subsec. (d). Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000”. Subsec. (e). Pub. L. 103–322, § 60003(a)(9), substituted “or if death results shall be punished by death or life imprisonment” for “or punished by death if the verdict of the jury shall so direct”. Subsec. (h). Pub. L. 103–322, § 320608, added subsec. (h). 1990—Subsec. (f). Pub. L. 101–647 inserted “including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978),” after “operating under the laws of the United States,”. 1989—Subsec. (f). Pub. L. 101–73, § 962(d)(1), substituted “any institution the deposits of which” for “any bank the deposits of which”. Subsecs. (g), (h). Pub. L. 101–73, § 962(a)(7), (d)(2), (3), redesignated subsec. (h) as (g), substituted “National Credit Union Administration Board, and any ‘Federal credit union’ as defined in section 2 of the Federal Credit Union Act” for “Administrator of the National Credit Union Administration”, and struck out former subsec. (g) which read as follows: “As used in this section the term ‘savings and loan association’ means any Federal savings and loan association and any ‘insured institution’ as defined in section 401 of the National Housing Act, as amended, and any ‘Federal credit union’ as defined in section 2 of the Federal Credit Union Act.” 1986—Subsec. (a). Pub. L. 99–646 inserted “, or obtains or attempts to obtain by extortion” after “presence of another” in first par. 1984—Subsec. (c). Pub. L. 98–473 amended subsec. (c) generally, substituting “which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen” for “knowing the same to have been taken from a bank, credit union, or a savings and loan association, in violation of subsection (b) of this section”. 1970—Subsecs. (a) to (c). Pub. L. 91–468, § 8(1), inserted reference to “credit union” after “bank,” each place it appears. Subsec. (h). Pub. L. 91–468, § 8(2), added subsec. (h). 1959—Subsec. (g). Pub. L. 86–354 included Federal credit unions in definition of “savings and loan association”. 1952—Subsec. (g). Act Apr. 8, 1952, broadened definition of “savings and loan association” by including any insured institution as defined in section 401 of the National Housing Act, as amended. 1950—Act Aug. 3, 1950, brought within section State-chartered savings and loan associations whose accounts are insured by the Federal Savings and Loan Insurance Corporation.
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# 18 U.S.C. § 2114 - Mail, money, or other property of United States
## Text
(a) Assault.— A person who assaults any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, with intent to rob, steal, or purloin such mail matter, money, or other property of the United States, or robs or attempts to rob any such person of mail matter, or of any money, or other property of the United States, shall, for the first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robbery he wounds the person having custody of such mail, money, or other property of the United States, or puts his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned not more than twenty-five years.
(b) Receipt, Possession, Concealment, or Disposal of Property.— A person who receives, possesses, conceals, or disposes of any money or other property that has been obtained in violation of this section, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 10 years, fined under this title, or both.
(June 25, 1948, ch. 645, 62 Stat. 797; Pub. L. 98–473, title II, § 223(d), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 101–647, title XXXV, § 3562, Nov. 29, 1990, 104 Stat. 4927; Pub. L. 103–322, title XXXII, §§ 320602, 320903(a)(3), Sept. 13, 1994, 108 Stat. 2115, 2124; Pub. L. 104–294, title VI, § 604(b)(17), Oct. 11, 1996, 110 Stat. 3507.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 320 (Mar. 4, 1909, ch. 321, § 197, 35 Stat. 1126; Aug. 26, 1935, ch. 694, 49 Stat. 867). The attention of Congress is directed to the mandatory minimum punishment provisions of sections 2113(e) and 2114 of this title. These were left unchanged because of the controversial question involved. Such legislative attempts to control the discretion of the sentencing judge are contrary to the opinions of experienced criminologists and criminal law experts. They are calculated to work manifest injustice in many cases. Minor changes were made in phraseology.
Editorial Notes
Amendments1996—Pub. L. 104–294 amended Pub. L. 103–322, § 320602. See 1994 Amendment note below. 1994—Pub. L. 103–322, § 320903(a)(3), inserted “or attempts to rob” after “robs” in subsec. (a). Pub. L. 103–322, § 320602, as amended by Pub. L. 104–294, § 604(b)(17), designated existing provisions as subsec. (a), inserted heading, substituted “A person who” for “Whoever”, and added subsec. (b). 1990—Pub. L. 101–647 inserted a comma after “money” in section catchline. 1984—Pub. L. 98–473, which directed insertion of “not more than” after “imprisoned”, was executed by making the insertion after “imprisoned” the second time appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.
Effective Date of 1984 AmendmentAmendment 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.
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# 18 U.S.C. § 2115 - Post office
## Text
Whoever forcibly breaks into or attempts to break into any post office, or any building used in whole or in part as a post office, with intent to commit in such post office, or building or part thereof, so used, any larceny or other depredation, shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 797; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 315 (Mar. 4, 1909, ch. 321, § 192, 335 Stat. 1125). Mandatory punishment provisions were rephrased in the alternative. Minor change in phraseology was made.
Editorial Notes
Amendments1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.
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# 18 U.S.C. § 2116 - Railway or steamboat post office
## Text
Whoever, by violence, enters a post-office car, or any part of any car, steamboat, or vessel, assigned to the use of the mail service, or willfully or maliciously assaults or interferes with any postal clerk in the discharge of his duties in connection with such car, steamboat, vessel, or apartment thereof, shall be fined under this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 797; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 316 (Mar. 4, 1909, ch. 321, § 193, 35 Stat. 1125). Reference to persons aiding or assisting was deleted as unnecessary because such persons are made principals by section 2 of this title. Minor changes were made in phraseology.
Editorial Notes
Amendments1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.
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# 18 U.S.C. § 2117 - Breaking or entering carrier facilities
## Text
Whoever breaks the seal or lock of any railroad car, vessel, aircraft, motortruck, wagon or other vehicle or of any pipeline system, containing interstate or foreign shipments of freight or express or other property, or enters any such vehicle or pipeline system with intent in either case to commit larceny therein, shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof.
(June 25, 1948, ch. 645, 62 Stat. 797; May 24, 1949, ch. 139, § 44, 63 Stat. 96; Pub. L. 89–654, § 2(a)–(c), Oct. 14, 1966, 80 Stat. 904; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 112–186, § 4(c), Oct. 5, 2012, 126 Stat. 1429.)
## Notes
Historical and Revision Notes
1948 ActBased on title 18, U.S.C., 1940 ed., § 409 (Feb. 13, 1913, ch. 50, § 1, 37 Stat. 670; Jan. 28, 1925, ch. 102, 43 Stat. 793; Jan. 21, 1933, ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656). Other provisions of section 409 of title 18, U.S.C., 1940 ed., were incorporated in sections 659 and 660 of this title. Minor changes were made in phraseology.
1949 ActThis section [section 44] conforms section 2117 of title 18, U.S.C., more closely with the original law from which it was derived, and with section 659 of such title.
Editorial Notes
Amendments2012—Pub. L. 112–186 inserted at end of first par. “If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.” 1994—Pub. L. 103–322, which directed the amendment of section 2217 of this title by substituting “under this title” for “not more than $5,000”, was executed by making the substitution in the first par. of this section, to reflect the probable intent of Congress, because this title does not contain a section 2217. 1966—Pub. L. 89–654 substituted “Breaking or entering carrier facilities” for “Railroad car entered or seal broken” as section catchline, inserted reference to “pipeline system”, substituted “freight or express or other property” for “freight or express”, and prohibited any construction which might indicate a Congressional intent to occupy the field or invalidate State law. 1949—Act May 24, 1949, inserted last par.
Executive Documents
Executive Order No. 11836 Ex. Ord. No. 11836, Jan. 27, 1975, 40 F.R. 4255, which assigned responsibilities to Federal departments and agencies with respect to the National Cargo Security Program, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
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# 18 U.S.C. § 2118 - Robberies and burglaries involving controlled substances
## Text
(a) Whoever takes or attempts to take from the person or presence of another by force or violence or by intimidation any material or compound containing any quantity of a controlled substance belonging to or in the care, custody, control, or possession of a person registered with the Drug Enforcement Administration under section 302 of the Controlled Substances Act (21 U.S.C. 822) shall, except as provided in subsection (c), be fined under this title or imprisoned not more than twenty years, or both, if (1) the replacement cost of the material or compound to the registrant was not less than $500, (2) the person who engaged in such taking or attempted such taking traveled in interstate or foreign commerce or used any facility in interstate or foreign commerce to facilitate such taking or attempt, or (3) another person was killed or suffered significant bodily injury as a result of such taking or attempt.
(b) Whoever, without authority, enters or attempts to enter, or remains in, the business premises or property of a person registered with the Drug Enforcement Administration under section 302 of the Controlled Substances Act (21 U.S.C. 822) with the intent to steal any material or compound containing any quantity of a controlled substance shall, except as provided in subsection (c), be fined under this title or imprisoned not more than twenty years, or both, if (1) the replacement cost of the controlled substance to the registrant was not less than $500, (2) the person who engaged in such entry or attempted such entry or who remained in such premises or property traveled in interstate or foreign commerce or used any facility in interstate or foreign commerce to facilitate such entry or attempt or to facilitate remaining in such premises or property, or (3) another person was killed or suffered significant bodily injury as a result of such entry or attempt.
(c) (1) Whoever in committing any offense under subsection (a) or (b) assaults any person, or puts in jeopardy the life of any person, by the use of a dangerous weapon or device shall be fined under this title and imprisoned for not more than twenty-five years.
(2) Whoever in committing any offense under subsection (a) or (b) kills any person shall be fined under this title or imprisoned for any term of years or life, or both.
(d) If two or more persons conspire to violate subsection (a) or (b) of this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than ten years or both.
(e) For purposes of this section—
(1) the term “controlled substance” has the meaning prescribed for that term by section 102 of the Controlled Substances Act;
(2) the term “business premises or property” includes conveyances and storage facilities; and
(3) the term “significant bodily injury” means bodily injury which involves a risk of death, significant physical pain, protracted and obvious disfigurement, or a protracted loss or impairment of the function of a bodily member, organ, or mental or sensory faculty.
(Added Pub. L. 98–305, § 2, May 31, 1984, 98 Stat. 221; amended Pub. L. 103–322, title XXXIII, § 330016(1)(O)–(Q), Sept. 13, 1994, 108 Stat. 2148.)
## Notes
Editorial Notes
References in TextSection 102 of the Controlled Substances Act, referred to in subsec. (e)(1), is classified to section 802 of Title 21, Food and Drugs.
Amendments1994—Subsecs. (a), (b). Pub. L. 103–322, § 330016(1)(O), substituted “fined under this title” for “fined not more than $25,000”. Subsec. (c)(1). Pub. L. 103–322, § 330016(1)(P), substituted “fined under this title” for “fined not more than $35,000”. Subsec. (c)(2). Pub. L. 103–322, § 330016(1)(Q), substituted “fined under this title” for “fined not more than $50,000”. Subsec. (d). Pub. L. 103–322, § 330016(1)(O), substituted “fined under this title” for “fined not more than $25,000”.
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 98–305, § 1, May 31, 1984, 98 Stat. 221, provided: “That this Act [enacting this section and provisions set out as a note under section 522 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Controlled Substance Registrant Protection Act of 1984’.”
Report to CongressAttorney General, for first three years after May 31, 1984, to submit to Congress an annual report with respect to enforcement activities relating to offenses under this section, see section 4 of Pub. L. 98–305, set out as a note under section 522 of Title 28, Judiciary and Judicial Procedure.
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# 18 U.S.C. § 2119 - Motor vehicles
## Text
Whoever, with the intent to cause death or serious bodily harm 11 So in original. Probably should be followed by a comma. takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall—
(1) be fined under this title or imprisoned not more than 15 years, or both,
(2) if serious bodily injury (as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) results, be fined under this title or imprisoned not more than 25 years, or both, and
(3) if death results, be fined under this title or imprisoned for any number of years up to life, or both, or sentenced to death.
(Added Pub. L. 102–519, title I, § 101(a), Oct. 25, 1992, 106 Stat. 3384; amended Pub. L. 103–322, title VI, § 60003(a)(14), Sept. 13, 1994, 108 Stat. 1970; Pub. L. 104–217, § 2, Oct. 1, 1996, 110 Stat. 3020.)
## Notes
Editorial Notes
Amendments1996—Par. (2). Pub. L. 104–217 inserted “, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title” after “section 1365 of this title”. 1994—Pub. L. 103–322, § 60003(a)(14), which directed the amendment of section 2119(3) of title 18 by substituting “, with the intent to cause death or serious bodily harm” for “, possessing a firearm as defined in section 921 of this title,”, was executed by making the substitution in introductory provisions rather than in par. (3), to reflect the probable intent of Congress. Par. (3). Pub. L. 103–322, § 60003(a)(14), inserted before period at end “, or sentenced to death”.
Statutory Notes and Related Subsidiaries
Federal Cooperation To Prevent “Carjacking” and Motor Vehicle TheftPub. L. 102–519, title I, § 101(b), Oct. 25, 1992, 106 Stat. 3384, provided that: “In view of the increase of motor vehicle theft with its growing threat to human life and to the economic well-being of the Nation, the Attorney General, acting through the Federal Bureau of Investigation and the United States Attorneys, is urged to work with State and local officials to investigate car thefts, including violations of section 2119 of title 18, United States Code, for armed carjacking, and as appropriate and consistent with prosecutorial discretion, prosecute persons who allegedly violate such law and other relevant Federal statutes.”
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# 18 U.S.C. § 2151 - Definitions
## Text
As used in this chapter: The words “war material” include arms, armament, ammunition, livestock, forage, forest products and standing timber, stores of clothing, air, water, food, foodstuffs, fuel, supplies, munitions, and all articles, parts or ingredients, intended for, adapted to, or suitable for the use of the United States or any associate nation, in connection with the conduct of war or defense activities. The words “war premises” include all buildings, grounds, mines, or other places wherein such war material is being produced, manufactured, repaired, stored, mined, extracted, distributed, loaded, unloaded, or transported, together with all machinery and appliances therein contained; and all forts, arsenals, navy yards, camps, prisons, or other installations of the Armed Forces of the United States, or any associate nation. The words “war utilities” include all railroads, railways, electric lines, roads of whatever description, any railroad or railway fixture, canal, lock, dam, wharf, pier, dock, bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle, boat, aircraft, airfields, air lanes, and fixtures or appurtenances thereof, or any other means of transportation whatsoever, whereon or whereby such war material or any troops of the United States, or of any associate nation, are being or may be transported either within the limits of the United States or upon the high seas or elsewhere; and all air-conditioning systems, dams, reservoirs, aqueducts, water and gas mains and pipes, structures and buildings, whereby or in connection with which air, water or gas is being furnished, or may be furnished, to any war premises or to the Armed Forces of the United States, or any associate nation, and all electric light and power, steam or pneumatic power, telephone and telegraph plants, poles, wires, and fixtures, and wireless stations, and the buildings connected with the maintenance and operation thereof used to supply air, water, light, heat, power, or facilities of communication to any war premises or to the Armed Forces of the United States, or any associate nation. The words “associate nation” mean any nation at war with any nation with which the United States is at war. The words “national-defense material” include arms, armament, ammunition, livestock, forage, forest products and standing timber, stores of clothing, air, water, food, foodstuffs, fuel, supplies, munitions, and all other articles of whatever description and any part or ingredient thereof, intended for, adapted to, or suitable for the use of the United States in connection with the national defense or for use in or in connection with the producing, manufacturing, repairing, storing, mining, extracting, distributing, loading, unloading, or transporting of any of the materials or other articles hereinbefore mentioned or any part or ingredient thereof. The words “national-defense premises” include all buildings, grounds, mines, or other places wherein such national-defense material is being produced, manufactured, repaired, stored, mined, extracted, distributed, loaded, unloaded, or transported, together with all machinery and appliances therein contained; and all forts, arsenals, navy yards, camps, prisons, or other installations of the Armed Forces of the United States. The words “national-defense utilities” include all railroads, railways, electric lines, roads of whatever description, railroad or railway fixture, canal, lock, dam, wharf, pier, dock, bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle, boat, aircraft, airfields, air lanes, and fixtures or appurtenances thereof, or any other means of transportation whatsoever, whereon or whereby such national-defense material, or any troops of the United States, are being or may be transported either within the limits of the United States or upon the high seas or elsewhere; and all air-conditioning systems, dams, reservoirs, aqueducts, water and gas mains and pipes, structures, and buildings, whereby or in connection with which air, water, or gas may be furnished to any national-defense premises or to the Armed Forces of the United States, and all electric light and power, steam or pneumatic power, telephone and telegraph plants, poles, wires, and fixtures and wireless stations, and the buildings connected with the maintenance and operation thereof used to supply air, water, light, heat, power, or facilities of communication to any national-defense premises or to the Armed Forces of the United States.
(June 25, 1948, ch. 645, 62 Stat. 798; June 30, 1953, ch. 175, § 2, 67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, § 101, 68 Stat. 1216.)
## Notes
Historical and Revision NotesBased on sections 101, 104, of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, §§ 1, 4, 40 Stat. 533; Nov. 30, 1940, ch. 926, 54 Stat. 1220; Aug. 21, 1941, ch. 388, 55 Stat. 655; Dec. 24, 1942, ch. 824, 56 Stat. 1087). Section consolidated definitive sections 101 and 104 of title 50, U.S.C., 1940 ed., War and National Defense. Words “As used in this chapter” were inserted at beginning for brevity. Definition of “United States”, was omitted as covered by section 5 of this title. Minor changes were made in phraseology and translations.
Editorial Notes
Amendments1954—Act Sept. 3, 1954, redefined and enlarged definitions. 1953—Act June 30, 1953, inserted “or defense activities” after “conduct of war” in definition of “war material”.
Statutory Notes and Related Subsidiaries
Short TitleAct Sept. 3, 1954, ch. 1261, § 1, 68 Stat. 1216, provided that: “This Act [amending this section and sections 794 and 2153 to 2156 of this title] may be cited as the ‘Espionage and Sabotage Act of 1954’.”
RepealsAct June 30, 1953, ch. 175, § 7, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, formerly cited as credits to this section and also formerly set out as a note under this section.
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# 18 U.S.C. § 2152 - Fortifications, harbor defenses, or defensive sea areas
## Text
Whoever willfully trespasses upon, injures, or destroys any of the works or property or material of any submarine mine or torpedo or fortification or harbor-defense system owned or constructed or in process of construction by the United States; or Whoever willfully interferes with the operation or use of any such submarine mine, torpedo, fortification, or harbor-defense system; or Whoever knowingly, willfully, or wantonly violates any duly authorized and promulgated order or regulation of the President governing persons or vessels within the limits of defensive sea areas, which the President, for purposes of national defense, may from time to time establish by executive order— Shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 799; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 96 (Mar. 4, 1909, ch. 321, § 44, 35 Stat. 1097; Mar. 4, 1917, ch. 180, 39 Stat. 1194; May 22, 1917, ch. 20, § 19, 40 Stat. 89). Jurisdiction and venue provisions were omitted as unnecessary and inconsistent with Rule 18 of the Federal Rules of Criminal Procedure providing for prosecution where the offense is committed, and section 3238 of this title providing that trial of offenses committed outside any district shall be in the district where the offender is found, or into which he is first brought. Words “on conviction thereof” were omitted as surplusage as punishment cannot be imposed until conviction is had. Minor changes were made in phraseology.
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in last par.
Executive Documents
Executive Order No. 10361 Ex. Ord. No. 10361, June 12, 1952, 17 F.R. 5357, formerly set out under this section, which established the Whittier Defensive Sea Area, Alaska, was revoked by Ex. Ord. No. 11549, July 28, 1970, 35 F.R. 12191.
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# 18 U.S.C. § 2153 - Destruction of war material, war premises, or war utilities
## Text
(a) Whoever, when the United States is at war, or in times of national emergency as declared by the President or by the Congress, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, or, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, willfully injures, destroys, contaminates or infects, or attempts to so injure, destroy, contaminate or infect any war material, war premises, or war utilities, shall be fined under this title or imprisoned not more than thirty years, or both.
(b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section.
(June 25, 1948, ch. 645, 62 Stat. 799; June 30, 1953, ch. 175, § 2, 67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, § 102, 68 Stat. 1217; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on section 102 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 2, 40 Stat. 534). “As herein defined” was deleted as surplusage. The conspiracy provisions are new. Their addition to the section was strongly urged by the Criminal Division of the Department of Justice, considering the gravity of the substantive offense as evidenced by the prescribed punishment therefor. The punishment provisions of the general conspiracy statute, section 371 of this title, are inadequate. Words “upon conviction thereof” were omitted as unnecessary since punishment cannot be imposed until a conviction is secured. Minor changes were made in phraseology.
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1954—Act Sept. 3, 1954, made section applicable in time of national emergency as well as war, and recognized the possibility of bacteriological warfare by making “contamination” a crime. 1953—Subsec. (a). Act June 30, 1953, inserted “or defense activities” after “carrying on the war”.
Statutory Notes and Related Subsidiaries
RepealsAct June 30, 1953, ch. 175, § 7, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, formerly cited as credits to this section and also formerly set out as a note under this section.
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# 18 U.S.C. § 2154 - Production of defective war material, war premises, or war utilities
## Text
(a) Whoever, when the United States is at war, or in times of national emergency as declared by the President or by the Congress, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, or, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, willfully makes, constructs, or causes to be made or constructed in a defective manner, or attempts to make, construct, or cause to be made or constructed in a defective manner any war material, war premises or war utilities, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such war material, war premises or war utilities, shall be fined under this title or imprisoned not more than thirty years, or both.
(b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section.
(June 25, 1948, ch. 645, 62 Stat. 799; June 30, 1953, ch. 175, § 2, 67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, § 103, 68 Stat. 1218; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on section 103 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 3, 40 Stat. 534). The conspiracy provisions are new. Their addition to the section was strongly urged by the Criminal Division of the Department of Justice, considering the gravity of the substantive offense as evidenced by the prescribed punishment therefor. The punishment provisions of the general conspiracy statute, section 371 of this title, are inadequate. Words “upon conviction thereof” were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured. Minor changes were made in phraseology.
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1954—Act Sept. 3, 1954, made section applicable in time of national emergency, and enlarged its scope by bringing “war premises, or war utilities” within jurisdiction of section. 1953—Subsec. (a). Act June 30, 1953, inserted “or defense activities” after “carrying on the war”.
Statutory Notes and Related Subsidiaries
RepealsAct June 30, 1953, ch. 175, § 7, 67 Stat. 134, repealed Joint Res. July 3, 1952, ch. 570, § 1(a)(29), 66 Stat. 333; Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, formerly cited as credits to this section and also formerly set out as a note under this section.
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# 18 U.S.C. § 2155 - Destruction of national-defense materials, national-defense premises, or national-defense utilities
## Text
(a) Whoever, with intent to injure, interfere with, or obstruct the national defense of the United States, willfully injures, destroys, contaminates or infects, or attempts to so injure, destroy, contaminate or infect any national-defense material, national-defense premises, or national-defense utilities, shall be fined under this title or imprisoned not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.
(b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section.
(June 25, 1948, ch. 645, 62 Stat. 799; Sept. 3, 1954, ch. 1261, title I, § 104, 68 Stat. 1218; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(12), Oct. 11, 1996, 110 Stat. 3500; Pub. L. 107–56, title VIII, § 810(e), Oct. 26, 2001, 115 Stat. 380.)
## Notes
Historical and Revision NotesBased on section 105 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 5, as added Nov. 30, 1940, ch. 926, 54 Stat. 1221). Words “upon conviction thereof” were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured. Minor changes were made in phraseology.
Editorial Notes
Amendments2001—Subsec. (a). Pub. L. 107–56 substituted “20 years” for “ten years” and inserted “, and, if death results to any person, shall be imprisoned for any term of years or for life” before period at end. 1996—Pub. L. 104–294 substituted “, or” for “or” in section catchline. 1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1954—Act Sept. 3, 1954, inserted conspiracy provisions.
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---
type: "LegalText"
title: "18 U.S.C. § 2156"
description: "Production of defective national-defense material, national-defense premises, or national-defense utilities"
jurisdiction: "us"
corpus: "united_states_code"
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title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
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chapter_name: "SABOTAGE"
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citation: "18 U.S.C. § 2156"
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---
# 18 U.S.C. § 2156 - Production of defective national-defense material, national-defense premises, or national-defense utilities
## Text
(a) Whoever, with intent to injure, interfere with, or obstruct the national defense of the United States, willfully makes, constructs, or attempts to make or construct in a defective manner, any national-defense material, national-defense premises or national-defense utilities, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such national-defense material, national-defense premises or national-defense utilities, shall be fined under this title or imprisoned not more than ten years, or both.
(b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section.
(June 25, 1948, ch. 645, 62 Stat. 800; Sept. 3, 1954, ch. 1261, title I, § 105, 68 Stat. 1218; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(12), Oct. 11, 1996, 110 Stat. 3500.)
## Notes
Historical and Revision NotesBased on section 106 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 6, as added Nov. 30, 1940, ch. 926, 54 Stat. 1221). Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title. Words “upon conviction thereof” were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured. Minor changes were made in phraseology.
Editorial Notes
Amendments1996—Pub. L. 104–294 substituted “, or” for “or” in section catchline. 1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1954—Act Sept. 3, 1954, inserted conspiracy provisions.
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# 18 U.S.C. § 2157 - Repealed. Pub. L. 103–322, title XXXIII, § 330004(13), Sept. 13, 1994, 108 Stat. 2142]
## Notes
Section, added June 30, 1953, ch. 175, § 2, 67 Stat. 133, related to temporary extension of sections 2153 and 2154 of this title.
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---
type: "LegalText"
title: "18 U.S.C. § 2191"
description: "Cruelty to seamen"
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title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
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chapter_name: "SEAMEN AND STOWAWAYS"
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citation: "18 U.S.C. § 2191"
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---
# 18 U.S.C. § 2191 - Cruelty to seamen
## Text
Whoever, being the master or officer of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, flogs, beats, wounds, or without justifiable cause, imprisons any of the crew of such vessel, or withholds from them suitable food and nourishment, or inflicts upon them any corporal or other cruel and unusual punishment, shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 482 and section 712 of title 46, U.S.C., 1940 ed., Shipping (Dec. 21, 1898, ch. 28, § 22, 30 Stat. 761; Mar. 4, 1909, ch. 321, § 291, 35 Stat. 1145). Section consolidates section 482 of title 18, U.S.C., 1940 ed., and the following language from section 712 of title 46, U.S.C., 1940 ed., Shipping, prohibiting flogging and corporal punishment: “and any master or other officer thereof who shall violate the aforesaid provisions of this section, or either thereof, shall be deemed guilty of a misdemeanor, punishable by imprisonment for not less than three months nor more than two years.” That language was the basis for the addition of the word “flogs” and the words “any corporal or other” for the word “any.” The punishment imposed by section 482 was adopted as that was the later statute as incorporated in 1909 Criminal Code. Words “shall be deemed guilty of a misdemeanor,” contained in said section 712 of title 46, were omitted in view of definitive section 1 of this title. Minor changes were made in phraseology.
Editorial Notes
Amendments1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.
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type: "LegalText"
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# 18 U.S.C. § 2192 - Incitation of seamen to revolt or mutiny
## Text
Whoever, being of the crew of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, endeavors to make a revolt or mutiny on board such vessel, or combines, conspires, or confederates with any other person on board to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master or other officer of such vessel, or to refuse or neglect his proper duty on board thereof, or to betray his proper trust, or assembles with others in a tumultuous and mutinous manner, or makes a riot on board thereof, or unlawfully confines the master or other commanding officer thereof, shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 483 (Mar. 4, 1909, ch. 321, § 292, 35 Stat. 1146). Minor changes were made in phraseology.
Editorial Notes
Amendments1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.
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---
# 18 U.S.C. § 2193 - Revolt or mutiny of seamen
## Text
Whoever, being of the crew of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command thereof, or deprives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, is guilty of a revolt and mutiny, and shall be fined under this title or imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 484 (Mar. 4, 1909, ch. 321, § 293, 35 Stat. 1146). Punishment provision for mandatory fine and imprisonment was rephrased in the alternative so as to vest power in the court to impose either a fine, or imprisonment, or both, in its discretion.
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000”.
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type: "LegalText"
title: "18 U.S.C. § 2194"
description: "Shanghaiing sailors"
jurisdiction: "us"
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title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
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# 18 U.S.C. § 2194 - Shanghaiing sailors
## Text
Whoever, with intent that any person shall perform service or labor of any kind on board of any vessel engaged in trade and commerce among the several States or with foreign nations, or on board of any vessel of the United States engaged in navigating the high seas or any navigable water of the United States, procures or induces, or attempts to procure or induce, another, by force or threats or by representations which he knows or believes to be untrue, or while the person so procured or induced is intoxicated or under the influence of any drug, to go on board of any such vessel, or to sign or in anywise enter into any agreement to go on board of any such vessel to perform service or labor thereon; or Whoever knowingly detains on board of any such vessel any person so procured or induced to go on board, or to enter into any agreement to go on board, by any means herein defined— Shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 800; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 144 (Mar. 4, 1909, ch. 321, § 82, 35 Stat. 1103). Reference to persons aiding or abetting was omitted as unnecessary as such persons are made principals by section 2 of this title. Minor changes were made in phraseology and arrangement.
Editorial Notes
Amendments1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in last par.
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# 18 U.S.C. § 2195 - Abandonment of sailors
## Text
Whoever, being master or commander of a vessel of the United States, while abroad, maliciously and without justifiable cause forces any officer or mariner of such vessel on shore, in order to leave him behind in any foreign port or place, or refuses to bring home again all such officers and mariners of such vessel whom he carried out with him, as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be fined under this title or imprisoned not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 801; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 486 (Mar. 4, 1909, ch. 321, § 295, 35 Stat. 1146).
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500”.
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title_number: 18
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# 18 U.S.C. § 2196 - Drunkenness or neglect of duty by seamen
## Text
Whoever, being a master, officer, radio operator, seaman, apprentice or other person employed on any merchant vessel, by willful breach of duty, or by reason of drunkenness, does any act tending to the immediate loss or destruction of, or serious damage to, such vessel, or tending immediately to endanger the life or limb of any person belonging to or on board of such vessel; or, by willful breach of duty or by neglect of duty or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such vessel from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or limb, shall be imprisoned not more than one year.
(June 25, 1948, ch. 645, 62 Stat. 801.)
## Notes
Historical and Revision NotesBased on section 704 of title 46, U.S.C., 1940 ed., Shipping (R.S. § 4602). Words “officer, radio operator,” and “or other person employed on” were inserted at beginning of section to insure clarity and scope of section. Section 701 of title 46, U.S.C., 1940 ed., Shipping, is very similar to this section as revised, and has been applied to mates [Morris v. Cornell, D.C. Mass. 1843, Fed. Cas. No. 9,829; Gladding v. Constant, D.C. Mass. 1844, Fed. Cas. No. 5,468; Foye v. Dabney, D.C. Mass. 1853, Fed. Cas. No. 5,022; Foye v. Lickie, D.C. Mass. 1853, Fed. Cas. No. 5,023; The Sylvia De Grasse, D.C.N.Y. 1843, Fed. Cas. No. 12,676; The Sadie C. Sumner, D.C. Mass. 1905, 142 F. 611], as well as engineers, assistant engineers and cooks. (See notes of decisions under section 701, of title 46, U.S.C., Shipping.) Words “be guilty of a misdemeanor” were omitted as unnecessary in view of general definition of “misdemeanor” in section 1 of this title. Minor changes were made in phraseology including substitution of “one year” for “twelve months” at end of section.
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# 18 U.S.C. § 2197 - Misuse of Federal certificate, license or document
## Text
Whoever, not being lawfully entitled thereto, uses, exhibits, or attempts to use or exhibit, or, with intent unlawfully to use the same, receives or possesses any certificate, license, or document issued to vessels, or officers or seamen by any officer or employee of the United States authorized by law to issue the same; or Whoever, without authority, alters or attempts to alter any such certificate, license, or document by addition, interpolation, deletion, or erasure; or Whoever forges, counterfeits, or steals, or attempts to forge, counterfeit, or steal, any such certificate, license, or document; or unlawfully possesses or knowingly uses any such altered, changed, forged, counterfeit, or stolen certificate, license, or document; or Whoever, without authority, prints or manufactures any blank form of such certificate, license, or document, or Whoever possesses without lawful excuse, and with intent unlawfully to use the same, any blank form of such certificate, license, or document; or Whoever, in any manner, transfers or negotiates such transfer of, any blank form of such certificate, license, or document, or any such altered, forged, counterfeit, or stolen certificate, license, or document, or any such certificate, license, or document to which the party transferring or receiving the same is not lawfully entitled— Shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 801; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on section 710a of title 46, U.S.C., 1940 ed., Shipping (June 25, 1936, ch. 816, § 6, 49 Stat. 1936). The phrase “the Bureau of Marine Inspection and Navigation,” identifying the agency issuing the certificate, license or document, was omitted without change of substance. The functions of the Bureau of Marine Inspection and Navigation were transferred to the Bureau of Customs and the Coast Guard by Executive Order 9083 Feb. 28, 1942, title 50, App. U.S.C., 1940 ed., following § 601. Such transfer is temporary under section 621 of title 50, App., U.S.C., 1940 ed. (First War Powers Act). As revised the section is broad enough to embrace certificates, licenses and documents issued by the officers or employees of the Coast Guard and Customs Service, as the case may be. Reference to persons causing, procuring, aiding or abetting was omitted as such persons are principals under section 2 of this title. Words “upon conviction thereof” were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured. Changes were made in phraseology and arrangement.
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in last par.
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# 18 U.S.C. § 2198 - Repealed. Pub. L. 101–647, title XII, § 1207(b), Nov. 29, 1990, 104 Stat. 4832]
## Notes
Section, act June 25, 1948, ch. 645, 62 Stat. 802, related to penalties for seducing a female passenger on an American vessel by employees of the vessel.
legal/us/code/title-18/chapter-107/section-2199.md
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# 18 U.S.C. § 2199 - Stowaways on vessels or aircraft
## Text
Whoever, without the consent of the owner, charterer, master, or person in command of any vessel, or aircraft, with intent to obtain transportation, boards, enters or secretes himself aboard such vessel or aircraft and is thereon at the time of departure of said vessel or aircraft from a port, harbor, wharf, airport or other place within the jurisdiction of the United States; or Whoever, with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States; or Whoever, with intent to obtain a ride or transportation, boards or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized officer or agent— (1) shall be fined under this title, imprisoned not more than 5 years, or both; (2) if the person commits an act proscribed by this section, with the intent to commit serious bodily injury, and serious bodily injury occurs (as defined under section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242) to any person other than a participant as a result of a violation of this section, shall be fined under this title or imprisoned not more than 20 years, or both; and (3) if an individual commits an act proscribed by this section, with the intent to cause death, and if the death of any person other than a participant occurs as a result of a violation of this section, shall be fined under this title, imprisoned for any number of years or for life, or both. The word “aircraft” as used in this section includes any contrivance for navigation or flight in the air.
(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 109–177, title III, § 308, Mar. 9, 2006, 120 Stat. 241.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 469–474 (June 11, 1940, ch. 326, §§ 1–3, 54 Stat. 306; Mar. 4, 1944, ch. 82, §§ 1–4, 58 Stat. 111; Apr. 10, 1944, ch. 162, 58 Stat. 188). Sections consolidated and rewritten with changes of phraseology and substance. In section 469 of title 18, U.S.C., 1940 ed., the element of intent not to pay for transportation was omitted as unnecessary since the payment of transportation will invariably remove the stowaway from the operation of the section by purchasing the master’s “consent”. In section 472 of title 18, U.S.C., 1940 ed., the enumerations of State, Territory, Possession, District of Columbia, and The Canal Zone, was omitted as adequately covered by “place within the jurisdiction of the United States.” The punishment provision is the same as in sections 470, 472, and 473 of title 18, U.S.C., 1940 ed., but the fine is $500 more than the maximum fine provided by said section 469. There seemed no point, however, in preserving a differential in favor of the stowaway as against the aider and abettor of $500. The court can be trusted to exercise a wise discretion within the slightly larger limits provided by the revised section. The provision for punishment of aiders and abettors in section 470 of title 18, U.S.C., 1940 ed., was omitted as unnecessary since they are punishable as principals by section 2 of this title. Sections 471 and 474 of title 18, U.S.C., 1940 ed., were omitted as obviously unnecessary.
Editorial Notes
Amendments2006—Pub. L. 109–177 added pars. (1) to (3) and struck out former fourth undesignated par. which read as follows: “Shall be fined under this title or imprisoned not more than one year, or both.” 1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in fourth undesignated par.
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# 18 U.S.C. § 2231 - Assault or resistance
## Text
(a) Whoever forcibly assaults, resists, opposes, prevents, impedes, intimidates, or interferes with any person authorized to serve or execute search warrants or to make searches and seizures while engaged in the performance of his duties with regard thereto or on account of the performance of such duties, shall be fined under this title or imprisoned not more than three years, or both; and—
(b) Whoever, in committing any act in violation of this section, uses any deadly or dangerous weapon, shall be fined under this title or imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 121, 253, 254, 628 (Mar. 4, 1909, ch. 321, § 65, 35 Stat. 1100; June 15, 1917, ch. 30, title XI, § 18, 40 Stat. 230; May 18, 1934, ch. 299, §§ 1, 2, 48 Stat. 780, 781; Feb. 8, 1936, ch. 40, 49 Stat. 1105; June 26, 1936, ch. 830, title I, § 3, 49 Stat. 1940; Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1433; June 13, 1940, ch. 359, 54 Stat. 391). Section consolidates section 628 of title 18, U.S.C., 1940 ed., and the portion of section 121 of said title relating to resistance of persons authorized to make searches. Punishment provided by section 121 of title 18, U.S.C., 1940 ed., was $2,000 fine and imprisonment for 1 year. Section 628 of said title was part of Espionage Act of June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231, prescribing fine of not more than $1,000 and imprisonment not exceeding 2 years for resisting service, execution of search warrant, or assaulting an officer. Section 253 of title 18, U.S.C., 1940 ed., enumerated United States marshals, deputies, and assistants, Federal Bureau of Investigation agents, and numerous other officers, the killing of whom is denounced as a Federal offense. Section 254 of title 18, U.S.C., 1940 ed., denounced the assaulting of such officers and prescribed punishment therefor without regard to nature of duties involved or performed. In other words sections 253 and 254 of title 18, U.S.C., 1940 ed., were not limited to officers executing search warrants. Officers enumerated in section 253 of title 18, U.S.C., 1940 ed., were substantially all those who serve or execute search warrants. Therefore, the language and punishment under section 254 of said title constitute basis of this revised section. No change in legislative intent is involved, as the amendments of sections 253 and 254 of said title are the latest enactments. The provisions of section 121 of title 18, U.S.C., 1940 ed., relating to rescue of property from seizing officer or its destruction to prevent seizure, are incorporated in sections 2232 and 2233 of this title. Minor changes were made in translation and phraseology.
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”. Subsec. (b). Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000”.
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# 18 U.S.C. § 2232 - Destruction or removal of property to prevent seizure
## Text
(a) Destruction or Removal of Property To Prevent Seizure.— Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.
(b) Impairment of In Rem Jurisdiction.— Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court’s continuing in rem jurisdiction over the property, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) Notice of Search or Execution of Seizure Warrant or Warrant of Arrest In Rem.— Whoever, having knowledge that any person authorized to make searches and seizures, or to execute a seizure warrant or warrant of arrest in rem, in order to prevent the authorized seizing or securing of any person or property, gives notice or attempts to give notice in advance of the search, seizure, or execution of a seizure warrant or warrant of arrest in rem, to any person shall be fined under this title or imprisoned not more than 5 years, or both.
(d) Notice of Certain Electronic Surveillance.— Whoever, having knowledge that a Federal investigative or law enforcement officer has been authorized or has applied for authorization under chapter 119 to intercept a wire, oral, or electronic communication, in order to obstruct, impede, or prevent such interception, gives notice or attempts to give notice of the possible interception to any person shall be fined under this title or imprisoned not more than five years, or both.
(e) Foreign Intelligence Surveillance.— Whoever, having knowledge that a Federal officer has been authorized or has applied for authorization to conduct electronic surveillance under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et seq.), in order to obstruct, impede, or prevent such activity, gives notice or attempts to give notice of the possible activity to any person shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 98–473, title II, § 1103, Oct. 12, 1984, 98 Stat. 2143; Pub. L. 99–508, title I, § 109, Oct. 21, 1986, 100 Stat. 1858; Pub. L. 99–646, § 33, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 100–690, title VII, § 7066, Nov. 18, 1988, 102 Stat. 4404; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 106–185, § 12, Apr. 25, 2000, 114 Stat. 218.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 121 (Mar. 4, 1909, ch. 321, § 65, 35 Stat. 1100). Section was formed from the words following the first semicolon and ending with the second semicolon, in section 121 of title 18, U.S.C., 1940 ed. The remaining provisions of section 121 of title 18, U.S.C., 1940 ed., relating to assaulting, resisting, or interfering with customs officers, revenue officers, or other persons, and to the rescue of seized property, constitute, along with provisions from other sections, sections 2231 and 2233 of this title. Minor changes were made in phraseology.
Editorial Notes
References in TextThe Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (e), is Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables.
Amendments2000—Pub. L. 106–185 added subsecs. (a) to (c), redesignated first and second pars. of former subsec. (c) as subsecs. (d) and (e), respectively, inserted subsec. (e) heading, and struck out former subsecs. (a) and (b) which related to physical interference with search and notice of search, respectively. 1994—Subsecs. (a), (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”. 1988—Subsec. (c). Pub. L. 100–690 inserted “of 1978” after “Surveillance Act”. 1986—Pub. L. 99–646 directed the designation of first and second pars. as subsecs. (a) and (b), respectively, which had been previously so designated by Pub. L. 99–508, and substituted “imprisoned not” for “imprisoned” in subsec. (a). Pub. L. 99–508 designated first and second pars. as subsecs. (a) and (b), respectively, and inserted headings, and added subsec. (c). 1984—Pub. L. 98–473, § 1103(a), substituted provisions raising the maximum fine from $2,000 to $10,000 and raising the maximum term of imprisonment from two years to five years. Pub. L. 98–473, § 1103(b), inserted paragraph relating to the penalties for warning the subject of a search.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106–185 applicable to any forfeiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99–508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99–508, set out as a note under section 2510 of this title.
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# 18 U.S.C. § 2233 - Rescue of seized property
## Text
Whoever forcibly rescues, dispossesses, or attempts to rescue or dispossess any property, articles, or objects after the same shall have been taken, detained, or seized by any officer or other person under the authority of any revenue law of the United States, or by any person authorized to make searches and seizures, shall be fined under this title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 121, 128 (Mar. 4, 1909, ch. 321, §§ 65, 71, 35 Stat. 1100, 1101). Section consolidates that portion of section 121 of title 18, U.S.C., 1940 ed., relating to rescue of seized property, with section 128 of title 18, U.S.C., 1940 ed. The remaining provisions of section 121 of present title 18, U.S.C., 1940 ed., relating to assaulting, resisting, or interfering with customs officers, revenue officers, or other persons, and to the destruction or removal of property to prevent seizure, constitute sections 2231 and 2232 of this title, the former provisions being consolidated with certain provisions of other sections. Said section 121 of present title 18, U.S.C., 1940 ed., provided for punishment by fine of not more than $2,000 or imprisonment of not more than 1 year, or both, of persons rescuing, attempting to rescue, or causing to be rescued, “any property” which has been seized by “any person” authorized to make searches and seizures. Said section 128 of present title 18, U.S.C., 1940 ed., provided for punishment by fine of not more than $300 and imprisonment for not more than 1 year of persons dispossessing, rescuing, or attempting to dispossess or rescue, or aiding or assisting in dispossessing or rescuing, “any property taken or detained by any officer or other person under the authority of any revenue law of the United States.” This revised section adopts the maximum fine provisions of section 121 of title 18, U.S.C., 1940 ed., and extends the maximum term of imprisonment to 2 years. This was deemed advisable so that uniformity of punishment would be established and the provisions would be sufficiently broad to impose punishment commensurate with the gravity of the offense. (See section 3601(c)(2) of title 26, U.S.C., 1940 ed., Internal Revenue Code.) Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary in view of definition of “principal” in section 2 of this title. Changes were made in phraseology.
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000”.
legal/us/code/title-18/chapter-109/section-2234.md
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# 18 U.S.C. § 2234 - Authority exceeded in executing warrant
## Text
Whoever, in executing a search warrant, willfully exceeds his authority or exercises it with unnecessary severity, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title III, § 3002(a)(3), Nov. 2, 2002, 116 Stat. 1805.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 631 (June 15, 1917, ch. 30, title XI, § 21, 40 Stat. 230). Minor changes were made in phraseology.
Editorial Notes
Amendments2002—Pub. L. 107–273 inserted “, or both” after “year”. 1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.
legal/us/code/title-18/chapter-109/section-2235.md
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# 18 U.S.C. § 2235 - Search warrant procured maliciously
## Text
Whoever maliciously and without probable cause procures a search warrant to be issued and executed, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title III, § 3002(a)(3), Nov. 2, 2002, 116 Stat. 1805.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 630 (June 15, 1917, ch. 30, title XI, § 20, 40 Stat. 230). Minor changes were made in phraseology.
Editorial Notes
Amendments2002—Pub. L. 107–273 inserted “, or both” after “year”. 1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.
legal/us/code/title-18/chapter-109/section-2236.md
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type: "LegalText"
title: "18 U.S.C. § 2236"
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title_name: "CRIMES AND CRIMINAL PROCEDURE"
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chapter_name: "SEARCHES AND SEIZURES"
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citation: "18 U.S.C. § 2236"
status: "current"
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release_date: "2026-06-26"
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---
# 18 U.S.C. § 2236 - Searches without warrant
## Text
Whoever, being an officer, agent, or employee of the United States or any department or agency thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined under this title for a first offense; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to any person— (a) serving a warrant of arrest; or (b) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed or is suspected on reasonable grounds of having committed a felony; or (c) making a search at the request or invitation or with the consent of the occupant of the premises.
(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(iii), Nov. 2, 2002, 116 Stat. 1809.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 53a (Aug. 27, 1935, ch. 740, § 201, 49 Stat. 877). Words “or any department or agency thereof” were inserted to avoid ambiguity as to scope of section. (See definitive section 6 of this title.) The exception in the case of an invitation or the consent of the occupant, was inserted to make the section complete and remove any doubt as to the application of this section to searches which have uniformly been upheld. Reference to misdemeanor was omitted in view of definitive section 1 of this title. (See reviser’s note under section 212 of this title.) Words “upon conviction thereof shall be” were omitted as surplusage, since punishment cannot be imposed until conviction is secured. Minor changes were made in phraseology.
Editorial Notes
Amendments2002—Pub. L. 107–273 inserted “under this title” after “warrant, shall be fined” and struck out “not more than $1,000” after “for a first offense”. 1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.
legal/us/code/title-18/chapter-109/section-2237.md
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# 18 U.S.C. § 2237 - Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information
## Text
(a) (1) It shall be unlawful for the master, operator, or person in charge of a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to knowingly fail to obey an order by an authorized Federal law enforcement officer to heave to that vessel.
(2) It shall be unlawful for any person on board a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to—
(A) forcibly resist, oppose, prevent, impede, intimidate, or interfere with a boarding or other law enforcement action authorized by any Federal law or to resist a lawful arrest; or
(B) provide materially false information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel’s destination, origin, ownership, registration, nationality, cargo, or crew.
(b) (1) Except as otherwise provided in this subsection, whoever knowingly violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.
(2) (A) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and has an aggravating factor set forth in subparagraph (B) of this paragraph, the offender shall be fined under this title or imprisoned for any term of years or life, or both.
(B) The aggravating factor referred to in subparagraph (A) is that the offense—
(i) results in death; or
(ii) involves—
(I) an attempt to kill;
(II) kidnapping or an attempt to kidnap; or
(III) an offense under section 2241.
(3) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and results in serious bodily injury (as defined in section 1365), the offender shall be fined under this title or imprisoned for not more than 15 years, or both.
(4) If the offense is one under paragraph (1) or (2)(A) of subsection (a), involves knowing transportation under inhumane conditions, and is committed in the course of a violation of section 274 of the Immigration and Nationality Act, or chapter 77 or section 113 (other than under subsection (a)(4) or (a)(5) of such section) or 117 of this title, the offender shall be fined under this title or imprisoned for not more than 15 years, or both.
(c) This section does not limit the authority of a customs officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any other provision of law enforced or administered by the Secretary of the Treasury or the Secretary of Homeland Security, or the authority of any Federal law enforcement officer under any law of the United States, to order a vessel to stop or heave to.
(d) A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this section by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certification of the Secretary of State or the designee of the Secretary of State.
(e) In this section—
(1) the term “Federal law enforcement officer” has the meaning given the term in section 115(c);
(2) the term “heave to” means to cause a vessel to slow, come to a stop, or adjust its course or speed to account for the weather conditions and sea state to facilitate a law enforcement boarding;
(3) the term “vessel subject to the jurisdiction of the United States” has the meaning given the term in section 70502 of title 46;
(4) the term “vessel of the United States” has the meaning given the term in section 70502 of title 46; and
(5) the term “transportation under inhumane conditions” means—
(A) transportation—
(i) of one or more persons in an engine compartment, storage compartment, or other confined space;
(ii) at an excessive speed; or
(iii) of a number of persons in excess of the rated capacity of the vessel; or
(B) intentional grounding of a vessel in which persons are being transported.
(Added Pub. L. 109–177, title III, § 303(a), Mar. 9, 2006, 120 Stat. 233; amended Pub. L. 111–281, title IX, § 917, Oct. 15, 2010, 124 Stat. 3021.)
## Notes
Editorial Notes
References in TextSection 274 of the Immigration and Nationality Act, referred to in subsec. (b)(4), is classified to section 1324 of Title 8, Aliens and Nationality.
Amendments2010—Subsec. (b). Pub. L. 111–281, § 917(a), amended subsec. (b) generally. Prior to amendment subsec. (b) read as follows: “Any person who intentionally violates this section shall be fined under this title or imprisoned for not more than 5 years, or both.” Subsec. (e)(3). Pub. L. 111–281, § 917(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the term ‘vessel subject to the jurisdiction of the United States’ has the meaning given the term in section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and”. Subsec. (e)(4). Pub. L. 111–281, § 917(b)(2), substituted “section 70502 of title 46; and” for “section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).” Subsec. (e)(5). Pub. L. 111–281, § 917(b)(3), added par. (5).
legal/us/code/title-18/chapter-109a/section-2241.md
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title_name: "CRIMES AND CRIMINAL PROCEDURE"
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---
# 18 U.S.C. § 2241 - Aggravated sexual abuse
## Text
(a) By Force or Threat.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly causes another person to engage in a sexual act—
(1) by using force against that other person; or
(2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;
or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
(b) By Other Means.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly—
(1) renders another person unconscious and thereby engages in a sexual act with that other person; or
(2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby—
(A) substantially impairs the ability of that other person to appraise or control conduct; and
(B) engages in a sexual act with that other person;
or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
(c) With Children.— Whoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances described in subsections (a) and (b) with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging), or attempts to do so, shall be fined under this title and imprisoned for not less than 30 years or for life. If the defendant has previously been convicted of another Federal offense under this subsection, or of a State offense or an offense under the Uniform Code of Military Justice that would have been an offense under any such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison.
(d) State of Mind Proof Requirement.— In a prosecution under subsection (c) of this section, the Government need not prove that the defendant knew that the other person engaging in the sexual act had not attained the age of 12 years.
(Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3620, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3660; amended Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[7(b)]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–31; Pub. L. 105–314, title III, § 301(a), Oct. 30, 1998, 112 Stat. 2978; Pub. L. 109–162, title XI, § 1177(a)(1), (2), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §§ 206(a)(1), 207(2), July 27, 2006, 120 Stat. 613, 615; Pub. L. 110–161, div. E, title V, § 554, Dec. 26, 2007, 121 Stat. 2082; Pub. L. 118–159, div. A, title V, § 569(1), Dec. 23, 2024, 138 Stat. 1906.)
## Notes
Editorial Notes
Codification Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2241.
Amendments2024—Subsec. (c). Pub. L. 118–159 inserted “or an offense under the Uniform Code of Military Justice” after “State offense” and substituted “any such provision” for “either such provision” in second sentence. 2007—Subsecs. (a) to (c). Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General”. 2006—Subsecs. (a), (b). Pub. L. 109–248, § 207(2), inserted comma after “Attorney General” in introductory provisions. Pub. L. 109–162, § 1177(a)(1), inserted “or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General” after “in a Federal prison,” in introductory provisions. Subsec. (c). Pub. L. 109–248 inserted comma after “Attorney General” and substituted “and imprisoned for not less than 30 years or for life” for “, imprisoned for any term of years or life, or both” in first sentence. Pub. L. 109–162, § 1177(a)(2), inserted “or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General” after “in a Federal prison,” in first sentence. 1998—Subsec. (c). Pub. L. 105–314 substituted “younger than the person so engaging” for “younger than that person”. 1996—Subsec. (c). Pub. L. 104–208 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.” 1994—Subsec. (a)(2). Pub. L. 103–322 substituted “kidnapping” for “kidnaping”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 99–646, § 87(e), Nov. 10, 1986, 100 Stat. 3624, and Pub. L. 99–654, § 4, Nov. 14, 1986, 100 Stat. 3664, provided, respectively, that: “This section and the amendments made by this section [see Short Title note below] shall take effect 30 days after the date of the enactment of this Act [Nov. 10, 1986].” and “This Act and the amendments made by this Act [see Short Title note below] shall take effect 30 days after the date of the enactment of this Act [Nov. 14, 1986].”
Short Title of 1996 AmendmentPub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[7(a)]], Sept. 30, 1996, 110 Stat. 3009, 3009–31, provided that: “This section [probably means subsec. 7 of section 121 of Pub. L. 104–208, div. A, title I, § 101(a), which amended sections 2241 and 2243 of this title] may be cited as the ‘Amber Hagerman Child Protection Act of 1996’.”
Short Title of 1986 AmendmentPub. L. 99–646, § 87(a), Nov. 10, 1986, 100 Stat. 3620, and Pub. L. 99–654, § 1, Nov. 14, 1986, 100 Stat. 3660, provided, respectively, that: “This section [enacting this chapter, amending sections 113, 1111, 1153, and 3185 of this title, sections 300w–3, 300w–4, and 9511 of Title 42, The Public Health and Welfare, and section 1472 of former Title 49, Transportation, and repealing chapter 99 of this title] may be cited as the ‘Sexual Abuse Act of 1986’.” and “This Act [enacting this chapter, amending sections 113, 1111, 1153, and 3185 of this title, sections 300w–3, 300w–4, and 9511 of Title 42, and section 1472 of former Title 49, Transportation, and repealing chapter 99 of this title] may be cited as the ‘Sexual Abuse Act of 1986’.”
legal/us/code/title-18/chapter-109a/section-2242.md
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type: "LegalText"
title: "18 U.S.C. § 2242"
description: "Sexual abuse"
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title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
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chapter_name: "SEXUAL ABUSE"
section: "2242"
citation: "18 U.S.C. § 2242"
status: "current"
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# 18 U.S.C. § 2242 - Sexual abuse
## Text
Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly—
(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping);
(2) engages in a sexual act with another person if that other person is—
(A) incapable of appraising the nature of the conduct; or
(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or
(3) engages in a sexual act with another person without that other person’s consent, to include doing so through coercion;
or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life.
(Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3621, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150; Pub. L. 109–162, title XI, § 1177(a)(3), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §§ 205, 207(2), July 27, 2006, 120 Stat. 613, 615; Pub. L. 110–161, div. E, title V, § 554, Dec. 26, 2007, 121 Stat. 2082; Pub. L. 117–103, div. W, title XII, § 1202(b), Mar. 15, 2022, 136 Stat. 924.)
## Notes
Editorial Notes
Codification Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2242.
Amendments2022—Par. (3). Pub. L. 117–103 added par. (3). 2007—Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General” in introductory provisions. 2006—Pub. L. 109–248 inserted comma after “Attorney General” in introductory provisions and substituted “and imprisoned for any term of years or for life” for “, imprisoned not more than 20 years, or both” in concluding provisions. Pub. L. 109–162 inserted “or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General” after “in a Federal prison,” in introductory provisions. 1994—Par. (1). Pub. L. 103–322 substituted “kidnapping” for “kidnaping”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
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# 18 U.S.C. § 2243 - Sexual abuse of a minor, a ward, or an individual in Federal custody
## Text
(a) Of a Minor.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly engages in a sexual act with another person who—
(1) has attained the age of 12 years but has not attained the age of 16 years; and
(2) is at least four years younger than the person so engaging;
or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.
(b) Of a Ward.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly engages in a sexual act with another person who is—
(1) in official detention; and
(2) under the custodial, supervisory, or disciplinary authority of the person so engaging;
or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.
(c) Of an Individual in Federal Custody.— Whoever, while acting in their capacity as a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under arrest, under supervision, in detention, or in Federal custody, shall be fined under this title, imprisoned not more than 15 years, or both.
(d) Defenses.— In a prosecution under subsection (a) of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of 16 years.
(e) State of Mind Proof Requirement.— In a prosecution under subsection (a) of this section, the Government need not prove that the defendant knew—
(1) the age of the other person engaging in the sexual act; or
(2) that the requisite age difference existed between the persons so engaging.
(Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3621, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L. 101–647, title III, § 322, Nov. 29, 1990, 104 Stat. 4818; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[7(c)]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–31; Pub. L. 105–314, title III, § 301(b), Oct. 30, 1998, 112 Stat. 2979; Pub. L. 109–162, title XI, § 1177(a)(4), (b)(1), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, § 207, July 27, 2006, 120 Stat. 615; Pub. L. 110–161, div. E, title V, § 554, Dec. 26, 2007, 121 Stat. 2082; Pub. L. 117–103, div. W, title XII, § 1202(c)(1), title XIII, § 1312, Mar. 15, 2022, 136 Stat. 924, 935.)
## Notes
Editorial Notes
Codification Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2243.
Amendments2022—Pub. L. 117–103, § 1202(c)(1)(A), substituted “Sexual abuse of a minor, a ward, or an individual in Federal custody” for “Sexual abuse of a minor or ward” in section catchline. Subsec. (c). Pub. L. 117–103, § 1202(c)(1)(C), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–103, § 1312, struck out par. (1) designation before “In a prosecution” and struck out par. (2) which read as follows: “In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other.” Amendment was directed to subsec. (c) but executed to subsec. (d) to reflect the probable intent of Congress and the intervening redesignation of subsec. (c) as (d) by Pub. L. 117–103, § 1202(c)(1)(B). See below. Pub. L. 117–103, § 1202(c)(1)(B), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 117–103, § 1202(c)(1)(B), redesignated subsec. (d) as (e). 2007—Subsecs. (a), (b). Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General” in introductory provisions. 2006—Subsec. (a). Pub. L. 109–248, § 207(2), inserted comma after “Attorney General” in introductory provisions. Pub. L. 109–162, § 1177(a)(4), inserted “or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General” after “in a Federal prison,” in introductory provisions. Subsec. (b). Pub. L. 109–248 inserted comma after “Attorney General” in introductory provisions and substituted “15 years” for “five years” in concluding provisions. Pub. L. 109–162, § 1177(a)(4), (b)(1), inserted “or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General” after “in a Federal prison,” in introductory provisions and substituted “five years” for “one year” in concluding provisions. 1998—Subsec. (a). Pub. L. 105–314 struck out “crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or” after “Whoever” in introductory provisions. 1996—Subsec. (a). Pub. L. 104–208 inserted “crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or” after “Whoever” in introductory provisions. 1990—Subsec. (a). Pub. L. 101–647 substituted “15 years” for “five years” in concluding provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
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---
type: "LegalText"
title: "18 U.S.C. § 2244"
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---
# 18 U.S.C. § 2244 - Abusive sexual contact
## Text
(a) Sexual Conduct in Circumstances Where Sexual Acts Are Punished by This Chapter.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly engages in or causes sexual contact with or by another person, if so to do would violate—
(1) subsection (a) or (b) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than ten years, or both;
(2) section 2242 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than three years, or both;
(3) subsection (a) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both;
(4) subsection (b) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both;
(5) subsection (c) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title and imprisoned for any term of years or for life; or
(6) subsection (c) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both; 11 So in original. The semicolon probably should be a period.
(b) In Other Circumstances.— Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly engages in sexual contact with another person without that other person’s permission shall be fined under this title, imprisoned not more than two years, or both.
(c) Offenses Involving Young Children.— If the sexual contact that violates this section (other than subsection (a)(5)) is with an individual who has not attained the age of 12 years, the maximum term of imprisonment that may be imposed for the offense shall be twice that otherwise provided in this section.
(Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3622, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L. 100–690, title VII, § 7058(a), Nov. 18, 1988, 102 Stat. 4403; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 105–314, title III, § 302, Oct. 30, 1998, 112 Stat. 2979; Pub. L. 109–162, title XI, § 1177(a)(5), (b)(2), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §§ 206(a)(2), 207(2), July 27, 2006, 120 Stat. 613, 615; Pub. L. 110–161, div. E, title V, § 554, Dec. 26, 2007, 121 Stat. 2082; Pub. L. 117–103, div. W, title XII, § 1202(d), Mar. 15, 2022, 136 Stat. 925.)
## Notes
Editorial Notes
Codification Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2244.
Amendments2022—Subsec. (a)(6). Pub. L. 117–103 added par. (6). 2007—Subsecs. (a), (b). Pub. L. 110–161 substituted “the head of any Federal department or agency” for “the Attorney General”. 2006—Subsec. (a). Pub. L. 109–248, § 207(2), inserted comma after “Attorney General” in introductory provisions. Pub. L. 109–162, § 1177(a)(5), inserted “or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General” after “in a Federal prison,” in introductory provisions. Subsec. (a)(1). Pub. L. 109–248, § 206(a)(2)(A)(i), inserted “subsection (a) or (b) of” before “section 2241 of this title”. Subsec. (a)(4). Pub. L. 109–162, § 1177(b)(2), substituted “two years” for “six months”. Subsec. (a)(5). Pub. L. 109–248, § 206(a)(2)(A)(ii)–(iv), added par. (5). Subsec. (b). Pub. L. 109–248, § 207(2), inserted comma after “Attorney General”. Pub. L. 109–162, § 1177(a)(5), (b)(2), inserted “or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General” after “in a Federal prison,” and substituted “two years” for “six months”. Subsec. (c). Pub. L. 109–248, § 206(a)(2)(B), inserted “(other than subsection (a)(5))” after “violates this section”. 1998—Subsec. (c). Pub. L. 105–314 added subsec. (c). 1994—Subsecs. (a)(4), (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”. 1988—Subsec. (a). Pub. L. 100–690 substituted “ten years” for “five years” in par. (1) and “two years” for “one year” in par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
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---
# 18 U.S.C. § 2245 - Offenses resulting in death
## Text
(a) 11 So in original. No subsec. (b) has been enacted. In General.— A person who, in the course of an offense under this chapter, or section 1591, 2251, 2251A, 2260, 2421, 2422, 2423, or 2425, murders an individual, shall be punished by death or imprisoned for any term of years or for life.
(Added Pub. L. 103–322, title VI, § 60010(a)(2), Sept. 13, 1994, 108 Stat. 1972; amended Pub. L. 109–248, title II, § 206(a)(3), July 27, 2006, 120 Stat. 613.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2245 was renumbered section 2246 of this title.
Amendments2006—Pub. L. 109–248 amended section catchline and text generally. Prior to amendment, text read as follows: “A person who, in the course of an offense under this chapter, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.”
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# 18 U.S.C. § 2246 - Definitions for chapter
## Text
As used in this chapter—
(1) the term “prison” means a correctional, detention, or penal facility;
(2) the term “sexual act” means—
(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(3) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(4) the term “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
(5) the term “official detention” means—
(A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or
(B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation;
but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency;
(6) the term “State” means a State of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States; and
(7) the term “Federal law enforcement officer” has the meaning given the term in section 115.
(Added Pub. L. 99–646, § 87(b), Nov. 10, 1986, 100 Stat. 3622, § 2245, and Pub. L. 99–654, § 2, Nov. 14, 1986, 100 Stat. 3662, § 2245; renumbered § 2246 and amended Pub. L. 103–322, title IV, § 40502, title VI, § 60010(a)(1), Sept. 13, 1994, 108 Stat. 1945, 1972; Pub. L. 105–314, title III, § 301(c), Oct. 30, 1998, 112 Stat. 2979; Pub. L. 117–103, div. W, title XII, § 1202(e), Mar. 15, 2022, 136 Stat. 925.)
## Notes
Editorial Notes
Codification Pub. L. 99–646 and Pub. L. 99–654 added identical sections.
Amendments2022—Par. (7). Pub. L. 117–103 added par. (7). 1998—Par. (6). Pub. L. 105–314 added par. (6). 1994—Pub. L. 103–322, § 60010(a)(1), renumbered section 2245 of this title as this section. Par. (2)(D). Pub. L. 103–322, § 40502, added subpar. (D).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
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title: "18 U.S.C. § 2247"
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title_name: "CRIMES AND CRIMINAL PROCEDURE"
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# 18 U.S.C. § 2247 - Repeat offenders
## Text
(a) Maximum Term of Imprisonment.— The maximum term of imprisonment for a violation of this chapter after a prior sex offense conviction shall be twice the term otherwise provided by this chapter, unless section 3559(e) applies.
(b) Prior Sex Offense Conviction Defined.— In this section, the term “prior sex offense conviction” has the meaning given that term in section 2426(b).
(Added Pub. L. 103–322, title IV, § 40111(a), Sept. 13, 1994, 108 Stat. 1903; amended Pub. L. 105–314, title III, § 303, Oct. 30, 1998, 112 Stat. 2979; Pub. L. 108–21, title I, § 106(b), Apr. 30, 2003, 117 Stat. 655.)
## Notes
Editorial Notes
Amendments2003—Subsec. (a). Pub. L. 108–21 inserted “, unless section 3559(e) applies” before period at end. 1998—Pub. L. 105–314 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Any person who violates a provision of this chapter, after one or more prior convictions for an offense punishable under this chapter, or after one or more prior convictions under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual contact have become final, is punishable by a term of imprisonment up to twice that otherwise authorized.”
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# 18 U.S.C. § 2248 - Mandatory restitution
## Text
(a) In General.— 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) Scope and Nature of Order.— (1) Directions.— The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
(2) Enforcement.— 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) Definition.— For purposes of this subsection, the term “full amount of the victim’s losses” includes any costs incurred by the victim for—
(A) medical services relating to physical, psychiatric, or psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child care expenses;
(D) lost income;
(E) attorneys’ fees, plus any costs incurred in obtaining a civil protection order; and
(F) any other losses suffered by the victim as a proximate result of the offense.
(4) Order mandatory.— (A) The issuance of a restitution order under this section is mandatory.
(B) A court may not decline to issue an order under this section because of—
(i) the economic circumstances of the defendant; or
(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.
(c) Definition.— For purposes of this section, the term “victim” means the individual harmed as a result of a commission 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 representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.
(Added Pub. L. 103–322, title IV, § 40113(a)(1), Sept. 13, 1994, 108 Stat. 1904; amended Pub. L. 104–132, title II, § 205(b), Apr. 24, 1996, 110 Stat. 1231.)
## Notes
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104–132, § 205(b)(1), inserted “or 3663A” after “3663”. Subsec. (b)(1). Pub. L. 104–132, § 205(b)(2)(A), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The order of restitution under this section shall direct that— “(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court, pursuant to paragraph (3); and “(B) the United States Attorney enforce the restitution order by all available and reasonable means.” Subsec. (b)(2). Pub. L. 104–132, § 205(b)(2)(B), struck out “by victim” after “Enforcement” in heading and amended text generally. Prior to amendment, text read as follows: “An order of restitution also may be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.” Subsec. (b)(4)(C), (D). Pub. L. 104–132, § 205(b)(2)(C), struck out subpars. (C) and (D), which related to court’s consideration of economic circumstances of defendant in determining schedule of payment of restitution orders, and court’s entry of nominal restitution awards where economic circumstances of defendant do not allow for payment of restitution, respectively. Subsec. (b)(5) to (10). Pub. L. 104–132, § 205(b)(2)(D), struck out pars. (5) to (10), which related, respectively, to more than 1 offender, more than 1 victim, payment schedule, setoff, effect on other sources of compensation, and condition of probation or supervised release. Subsec. (c). Pub. L. 104–132, § 205(b)(3), (4), redesignated subsec. (f) as (c) and struck out former subsec. (c) relating to proof of claim. Subsecs. (d), (e). Pub. L. 104–132, § 205(b)(3), struck out subsecs. (d) and (e) which read as follows: “(d) Modification of Order.—A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender. “(e) Reference to Magistrate or Special Master.—The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.” Subsec. (f). Pub. L. 104–132, § 205(b)(4), redesignated subsec. (f) as (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104–132, title II, § 211, Apr. 24, 1996, 110 Stat. 1241, provided that: “The amendments made by this subtitle [subtitle A (§§ 201–211) of title II of Pub. L. 104–132, see Short Title of 1996 Amendment note set out under section 3551 of this title] shall, to the extent constitutionally permissible, be effective for sentencing proceedings in cases in which the defendant is convicted on or after the date of enactment of this Act [Apr. 24, 1996].”
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# 18 U.S.C. § 2250 - Failure to register
## Text
(a) In General.— Whoever—
(1) is required to register under the Sex Offender Registration and Notification Act;
(2) (A) is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act by reason of a conviction under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States; or
(B) travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian country; and
(3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act;
shall be fined under this title or imprisoned not more than 10 years, or both.
(b) International Travel Reporting Violations.— Whoever—
(1) is required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.); 11 See References in Text note below.
(2) knowingly fails to provide information required by the Sex Offender Registration and Notification Act relating to intended travel in foreign commerce; and
(3) engages or attempts to engage in the intended travel in foreign commerce;
shall be fined under this title, imprisoned not more than 10 years, or both.
(c) Affirmative Defense.— In a prosecution for a violation under subsection (a) or (b), it is an affirmative defense that—
(1) uncontrollable circumstances prevented the individual from complying;
(2) the individual did not contribute to the creation of such circumstances in reckless disregard of the requirement to comply; and
(3) the individual complied as soon as such circumstances ceased to exist.
(d) Crime of Violence.— (1) In general.— An individual described in subsection (a) or (b) who commits a crime of violence under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States shall be imprisoned for not less than 5 years and not more than 30 years.
(2) Additional punishment.— The punishment provided in paragraph (1) shall be in addition and consecutive to the punishment provided for the violation described in subsection (a) or (b).
(Added Pub. L. 109–248, title I, § 141(a)(1), July 27, 2006, 120 Stat. 602; amended Pub. L. 114–119, § 6(b), Feb. 8, 2016, 130 Stat. 23.)
## Notes
Editorial Notes
References in TextThe Sex Offender Registration and Notification Act, referred to in subsecs. (a)(1), (2)(A), (3) and (b)(1), (2), is title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, which was classified principally to subchapter I (§ 16901 et seq.) of chapter 151 of Title 42, The Public Health and Welfare, prior to editorial reclassification as chapter 209 (§ 20901 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of Title 34 and Tables. The Uniform Code of Military Justice, referred to in subsecs. (a)(2)(A) and (d)(1), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.
Amendments2016—Subsecs. (b) to (d). Pub. L. 114–119 added subsec. (b), redesignated former subsecs. (b) and (c) as (c) and (d), respectively, and in subsecs. (c) and (d), substituted “subsection (a) or (b)” for “subsection (a)” wherever appearing.
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# 18 U.S.C. § 202 - Definitions
## Text
(a) For the purpose of sections 203, 205, 207, 208, and 209 of this title the term “special Government employee” shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28. Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a Member of Congress in the Member’s home district or State shall be classified as a special Government employee. Notwithstanding sections 502, 2105(d), and 5534 of title 5, a Reserve officer of the Armed Forces, an officer of the Space Force not serving on sustained duty pursuant to section 20105 of title 10, or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. Such an officer who is voluntarily serving a period of extended active duty in excess of one hundred and thirty days shall be classified as an officer of the United States within the meaning of section 203 and sections 205 through 209 and 218. Such an officer who is serving involuntarily shall be classified as a special Government employee. The terms “officer or employee” and “special Government employee” as used in sections 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces.
(b) For the purposes of sections 205 and 207 of this title, the term “official responsibility” means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action.
(c) Except as otherwise provided in such sections, the terms “officer” and “employee” in sections 203, 205, 207 through 209, and 218 of this title shall not include the President, the Vice President, a Member of Congress, or a Federal judge.
(d) The term “Member of Congress” in sections 204 and 207 means—
(1) a United States Senator; and
(2) a Representative in, or a Delegate or Resident Commissioner to, the House of Representatives.
(e) As used in this chapter, the term—
(1) “executive branch” includes each executive agency as defined in title 5, and any other entity or administrative unit in the executive branch;
(2) “judicial branch” means the Supreme Court of the United States; the United States courts of appeals; the United States district courts; the Court of International Trade; the United States bankruptcy courts; any court created pursuant to article I of the United States Constitution, including the Court of Appeals for the Armed Forces, the United States Court of Federal Claims, and the United States Tax Court, but not including a court of a territory or possession of the United States; the Federal Judicial Center; and any other agency, office, or entity in the judicial branch; and
(3) “legislative branch” means—
(A) the Congress; and
(B) the Office of the Architect of the Capitol, the United States Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the United States Capitol Police, and any other agency, entity, office, or commission established in the legislative branch.
(Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1121; amended Pub. L. 90–578, title III, § 301(b), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100–191, § 3(a), Dec. 15, 1987, 101 Stat. 1306; Pub. L. 101–194, title IV, § 401, Nov. 30, 1989, 103 Stat. 1747; Pub. L. 101–280, § 5(a), May 4, 1990, 104 Stat. 158; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118–159, div. A, title V, § 568(a), (c), Dec. 23, 2024, 138 Stat. 1905, 1906.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 202, act June 25, 1948, ch. 645, 62 Stat. 691, prescribed penalties for any officer or other person who accepted or solicited anything of value to influence his decision, prior to the general amendment of this chapter by Pub. L. 87–849, and is substantially covered by revised section 201.
Amendments2024—Subsec. (a). Pub. L. 118–159, § 568(c), substituted “sections 502, 2105(d), and 5534 of title 5” for “section 29(c) and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d))”. Pub. L. 118–159, § 568(a), inserted “an officer of the Space Force not serving on sustained duty pursuant to section 20105 of title 10,” after “of the Armed Forces,” in third sentence and substituted “Such an officer who is” for “A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is” in fourth and fifth sentences. 2004—Subsec. (e)(3)(B). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1994—Subsec. (e)(2). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”. 1992—Subsec. (e)(2). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1990—Subsec. (c). Pub. L. 101–280, § 5(a)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Except as otherwise provided in such sections, the terms ‘officer’ and ‘employee’ in sections 203, 205, 207, 208, and 209 of this title, mean those individuals defined in sections 2104 and 2105 of title 5. The terms ‘officer’ and ‘employee’ shall not include the President, the Vice President, a Member of Congress, or a Federal judge.” Subsec. (d). Pub. L. 101–280, § 5(a)(2), substituted “means” for “shall include”. Subsec. (e)(1). Pub. L. 101–280, § 5(a)(3)(1), substituted “includes each” for “means any”. Subsec. (e)(3)(A). Pub. L. 101–280, § 5(a)(3)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a Member of Congress, or any officer or employee of the United States Senate or United States House of Representatives; and”. Subsec. (e)(3)(B). Pub. L. 101–280, § 5(a)(3)(2)(B), substituted “the Office” for “an officer or employee”. 1989—Subsecs. (c) to (e). Pub. L. 101–194 added subsecs. (c) to (e). 1987—Subsec. (a). Pub. L. 100–191 expanded definition of “special Government employee” to include an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28, regardless of the number of days of appointment. 1968—Subsec. (a). Pub. L. 90–578 substituted “a part-time United States commissioner, or a part-time United States magistrate” for “or a part-time United States Commissioner”.
Statutory Notes and Related Subsidiaries
Change of Name “United States magistrate judge” substituted for “United States magistrate” in subsec. (a) on authority of section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. “Government Publishing Office” substituted for “Government Printing Office” in subsec. (e)(3)(B) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective Date of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1987 AmendmentAmendment by Pub. L. 100–191 effective Dec. 15, 1987, and applicable to independent counsel proceedings under 28 U.S.C. 591 et seq. pending on that date as well as to proceedings on and after that date, see section 6 of Pub. L. 100–191, set out as a note under section 591 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1968 AmendmentAmendment 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, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.
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# 18 U.S.C. § 203 - Compensation to Members of Congress, officers, and others in matters affecting the Government
## Text
(a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly—
(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another—
(A) at a time when such person is a Member of Congress, Member of Congress Elect, Delegate, Delegate Elect, Resident Commissioner, or Resident Commissioner Elect; or
(B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States,
in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; or
(2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was such a Member, Member Elect, Delegate, Delegate Elect, Commissioner, Commissioner Elect, Federal judge, officer, or employee;shall be subject to the penalties set forth in section 216 of this title.
(b) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly—
(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another, at a time when such person is an officer or employee of the District of Columbia, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the District of Columbia is a party or has a direct and substantial interest, before any department, agency, court, officer, or commission; or
(2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was an officer or employee of the District of Columbia;
shall be subject to the penalties set forth in section 216 of this title.
(c) A special Government employee shall be subject to subsections (a) and (b) only in relation to a particular matter involving a specific party or parties—
(1) in which such employee has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise; or
(2) which is pending in the department or agency of the Government in which such employee is serving except that paragraph (2) of this subsection shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.
(d) Nothing in this section prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for or otherwise representing his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except—
(1) in those matters in which he has participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or
(2) in those matters that are the subject of his official responsibility,
subject to approval by the Government official responsible for appointment to his position.
(e) Nothing in this section prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register.
(f) Nothing in this section prevents an individual from giving testimony under oath or from making statements required to be made under penalty of perjury.
(Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1121; amended Pub. L. 91–405, title II, § 204(d)(2), (3), Sept. 22, 1970, 84 Stat. 853; Pub. L. 99–646, § 47(a), Nov. 10, 1986, 100 Stat. 3604; Pub. L. 101–194, title IV, § 402, Nov. 30, 1989, 103 Stat. 1748; Pub. L. 101–280, § 5(b), May 4, 1990, 104 Stat. 159.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 203, act June 25, 1948, ch. 645, 62 Stat. 692, related to the acceptance or demand by district attorneys, or marshals and their assistants of any fee other than provided by law, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in section 281 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87–849.
Amendments1990—Subsec. (a)(1)(B). Pub. L. 101–280, § 5(b)(1), inserted “or Federal judge” after “employee”. Subsec. (a)(2). Pub. L. 101–280, § 5(b)(2), inserted “Commissioner Elect, Federal judge,” after “Commissioner,”. Subsec. (b)(2). Pub. L. 101–280, § 5(b)(3), inserted “representational” before “services”. Subsec. (d)(1). Pub. L. 101–280, § 5(b)(4), substituted “Government employee or as a special Government employee” for “Government employee,”. Subsec. (f). Pub. L. 101–280, § 5(b)(5), added subsec. (f). 1989—Subsec. (a). Pub. L. 101–194, § 402(3), in concluding provisions, substituted “shall be subject to the penalties set forth in section 216 of this title” for “shall be fined under this title or imprisoned for not more than two years, or both; and shall be incapable of holding any office of honor, trust, or profit under the United States”. Subsec. (a)(1). Pub. L. 101–194, § 402(1), (2), (7), in introductory provisions, substituted “representational services, as agent or attorney or otherwise,” for “services”, in concluding provisions, inserted “court,” after “department, agency,” and in subpar. (B), struck out “including the District of Columbia,” after “agency of the United States”. Subsec. (a)(2). Pub. L. 101–194, § 402(4)–(6), inserted “representational” before “services”, “Member Elect,” after “Member,” and “Delegate Elect,” after “Delegate,”. Subsec. (b). Pub. L. 101–194, § 402(9), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 101–194, § 402(8), redesignated subsec. (b) as (c) and substituted “subsections (a) and (b)” for “subsection (a)”. Subsecs. (d), (e). Pub. L. 101–194, § 402(10), added subsecs. (d) and (e). 1986—Pub. L. 99–646, § 47(a)(3)(D), provided for alignment of margins of each subsection, paragraph, and subparagraph of this section. Subsec. (a). Pub. L. 99–646, § 47(a)(1), (2), substituted “indirectly—” for “indirectly” in introductory provisions, redesignated the undesignated par. which followed former subsec. (b) as concluding par. of subsec. (a), and substituted “shall be fined under this title” for “Shall be fined not more than $10,000”. Subsec. (a)(1). Pub. L. 99–646, § 47(a)(1), substituted “(1) demands, seeks, receives, accepts, or agrees to receive or accept any” for “receives or agrees to receive, or asks, demands, solicits, or seeks, any” and “personally or by” for “by himself or”, redesignated former par. (1) as subpar. (A) and substituted “such person” for “he” and “Delegate, Delegate Elect” for “Delegate from the District of Columbia, Delegate Elect from the District of Columbia”, redesignated former par. (2) as subpar. (B) and substituted “such person” for “he”, and in closing provisions substituted “commission; or” for “commission, or”. Subsec. (a)(2). Pub. L. 99–646, § 47(a)(2), redesignated former subsec. (b) as par. (2) and substituted “knowingly gives” for “Whoever, knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly gives” and “employee;” for “employee—”. Subsecs. (b), (c). Pub. L. 99–646, § 47(a)(3), (4), redesignated former subsec. (c) as (b) and substituted “parties—” for “parties”, “such employee” for “he”, “otherwise; or” for “otherwise, or”, and “in which such employee is serving except that paragraph (2) of this subsection” for “in which he is serving: Provided, That clause (2)”. Former subsec. (b) redesignated (a)(2). 1970—Subsec. (a)(1). Pub. L. 91–405, § 204(d)(2), included references to Delegate from District of Columbia and Delegate Elect from District of Columbia. Subsec. (b). Pub. L. 91–405, § 204(d)(3), included reference to Delegate.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99–646, § 47(b), Nov. 10, 1986, 100 Stat. 3605, provided that: “The amendments made by this section [amending this section] shall take effect 30 days after the date of enactment of this Act [Nov. 10, 1986].”
Effective Date of 1970 AmendmentAmendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effective Date note under section 25a of Title 2, The Congress.
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.
ExemptionsPub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126, provided in part that: “All exemptions from the provisions of sections 281, 282, 283, 284, 434, or 1914 of title 18 of the United States Code heretofore created or authorized by statute which are in force on the effective date of this Act [see Effective Date note under section 201 of this title] shall, on and after that date, be deemed to be exemptions from sections 203, 204, 205, 207, 208, or 209, respectively, of title 18 of the United States Code except to the extent that they affect officers or employees of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, as to whom they are no longer applicable.”
Private Sector Representatives on United States Delegations to International Telecommunications Meetings and ConferencesPub. L. 97–241, title I, § 120, Aug. 24, 1982, 96 Stat. 280, provided that: “(a) Sections 203, 205, 207, and 208 of title 18, United States Code, shall not apply to a private sector representative on the United States delegation to an international telecommunications meeting or conference who is specifically designated to speak on behalf of or otherwise represent the interests of the United States at such meeting or conference with respect to a particular matter, if the Secretary of State (or the Secretary’s designee) certifies that no Government employee on the delegation is as well qualified to represent United States interests with respect to such matter and that such designation serves the national interest. All such representatives shall have on file with the Department of State the financial disclosure report required for special Government employees. “(b) As used in this section, the term ‘international telecommunications meeting or conference’ means the conferences of the International Telecommunications Union, meetings of its International Consultative Committees for Radio and for Telephone and Telegraph, and such other international telecommunications meetings or conferences as the Secretary of State may designate.”
Executive Documents
Delegation of Authority Authority of President under subsec. (d) of this section to grant exemptions or approvals to individuals delegated to agency heads, see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. Authority of President under subsec. (d) of this section to grant exemptions or approvals for Presidential appointees to committees, commissions, boards, or similar groups established by the President, and for individuals appointed pursuant to sections 105 and 107(a) of Title 3, The President, delegated to Counsel to President, see section 402 of Ex Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5.
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# 18 U.S.C. § 204 - Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress
## Text
Whoever, being a Member of Congress or Member of Congress Elect, practices in the United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit shall be subject to the penalties set forth in section 216 of this title.
(Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1122; amended Pub. L. 91–405, title II, § 204(d)(2), Sept. 22, 1970, 84 Stat. 853; Pub. L. 97–164, title I, § 147, Apr. 2, 1982, 96 Stat. 45; Pub. L. 101–194, title IV, § 403, Nov. 30, 1989, 103 Stat. 1749; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 204, act June 25, 1948, ch. 645, 62 Stat. 692, related to an offer to influence a Member of Congress, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered by revised section 201. Provisions similar to this section were contained in former section 282 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87–849.
Amendments1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” in section catchline and in text. 1989—Pub. L. 101–194 amended section generally. Prior to amendment, section read as follows: “Who­ever, being a Member of Congress, Member of Congress Elect, Delegate from the District of Columbia, Delegate Elect from the District of Columbia, Resident Commissioner, or Resident Commissioner Elect, practices in the United States Claims Court or the United States Court of Appeals for the Federal Circuit, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, and shall be incapable of holding any office of honor, trust, or profit under the United States.” 1982—Pub. L. 97–164 substituted “United States Claims Court or the United States Court of Appeals for the Federal Circuit” for “Court of Claims”. 1970—Pub. L. 91–405 included references to Delegate from District of Columbia and Delegate Elect from District of Columbia.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effective Date note under section 25a of Title 2, The Congress.
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.
ExemptionsExemptions from former section 282 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87–849, set out as a note under section 203 of this title.
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# 18 U.S.C. § 205 - Activities of officers and employees in claims against and other matters affecting the Government
## Text
(a) Whoever, being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, other than in the proper discharge of his official duties—
(1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim, in consideration of assistance in the prosecution of such claim; or
(2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216 of this title.
(b) Whoever, being an officer or employee of the District of Columbia or an officer or employee of the Office of the United States Attorney for the District of Columbia, otherwise than in the proper discharge of official duties—
(1) acts as agent or attorney for prosecuting any claim against the District of Columbia, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or
(2) acts as agent or attorney for anyone before any department, agency, court, officer, or commission in connection with any covered matter in which the District of Columbia is a party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216 of this title.
(c) A special Government employee shall be subject to subsections (a) and (b) only in relation to a covered matter involving a specific party or parties—
(1) in which he has at any time participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or
(2) which is pending in the department or agency of the Government in which he is serving.
Paragraph (2) shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.
(d) (1) Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of that officer’s or employee’s duties, from acting without compensation as agent or attorney for, or otherwise representing—
(A) any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings; or
(B) except as provided in paragraph (2), any cooperative, voluntary, professional, recreational, or similar organization or group not established or operated for profit, if a majority of the organization’s or group’s members are current officers or employees of the United States or of the District of Columbia, or their spouses or dependent children.
(2) Paragraph (1)(B) does not apply with respect to a covered matter that—
(A) is a claim under subsection (a)(1) or (b)(1);
(B) is a judicial or administrative proceeding where the organization or group is a party; or
(C) involves a grant, contract, or other agreement (including a request for any such grant, contract, or agreement) providing for the disbursement of Federal funds to the organization or group.
(e) Nothing in subsection (a) or (b) prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for, or otherwise representing, his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except—
(1) in those matters in which he has participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or
(2) in those matters which are the subject of his official responsibility,
subject to approval by the Government official responsible for appointment to his position.
(f) Nothing in subsection (a) or (b) prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register.
(g) Nothing in this section prevents an officer or employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt.
(h) For the purpose of this section, the term “covered matter” means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter.
(i) Nothing in this section prevents an employee from acting pursuant to—
(1) chapter 71 of title 5;
(2) section 1004 or chapter 12 of title 39;
(3) section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b);
(4) chapter 10 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4104 et seq.); or
(5) any provision of any other Federal or District of Columbia law that authorizes labor-management relations between an agency or instrumentality of the United States or the District of Columbia and any labor organization that represents its employees.
(Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1122; amended Pub. L. 101–194, title IV, § 404, Nov. 30, 1989, 103 Stat. 1750; Pub. L. 101–280, § 5(c), May 4, 1990, 104 Stat. 159; Pub. L. 104–177, § 2, Aug. 6, 1996, 110 Stat. 1563; Pub. L. 107–273, div. B, title IV, § 4002(a)(9), Nov. 2, 2002, 116 Stat. 1807.)
## Notes
Editorial Notes
References in TextThe Foreign Service Act of 1980, referred to in subsec. (i)(4), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chapter 10 of title I of the Act is classified generally to subchapter X (§ 4101 et seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.
Prior ProvisionsA prior section 205, act June 25, 1948, ch. 645, 62 Stat. 692, related to the acceptance by a Member of Congress of anything of value to influence him, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in section 283 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87–849.
Amendments2002—Subsec. (d)(1)(B). Pub. L. 107–273 substituted “group’s” for “groups’s”. 1996—Subsec. (d). Pub. L. 104–177, § 2(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of his duties, from acting without compensation as agent or attorney for, or otherwise representing, any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings.” Subsec. (i). Pub. L. 104–177, § 2(b), added subsec. (i). 1990—Subsec. (a)(2). Pub. L. 101–280, § 5(c)(1), substituted “civil” for “any civil”. Subsec. (b)(2). Pub. L. 101–280, § 5(c)(2), substituted “commission” for “any commission”. 1989—Pub. L. 101–194 amended section generally, revising and restating as subsecs. (a) to (h) provisions formerly consisting of eight undesignated pars.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.
ExemptionsExemptions from former section 283 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87–849, set out as a note under section 203 of this title.
Executive Documents
Delegation of Authority Authority of President under subsec. (e) of this section to grant exemptions or approvals to individuals delegated to agency heads, see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. Authority of President under subsec. (e) of this section to grant exemptions or approvals for Presidential appointees to committees, commissions, boards, or similar groups established by the President, and for individuals appointed pursuant to sections 105 and 107(a) of Title 3, The President, delegated to Counsel to President, see section 402 of Ex Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5.
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# 18 U.S.C. § 206 - Exemption of retired officers of the uniformed services
## Text
Sections 203 and 205 of this title shall not apply to a retired officer of the uniformed services of the United States while not on active duty and not otherwise an officer or employee of the United States, or to any person specially excepted by Act of Congress.
(Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1123.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 206, act June 25, 1948, ch. 645, 62 Stat. 692, related to an offer to a judge or judicial officer to influence him, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered by revised section 201.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.
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# 18 U.S.C. § 208 - Acts affecting a personal financial interest
## Text
(a) Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, a Federal Reserve bank director, officer, or employee, or an officer or employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest—Shall be subject to the penalties set forth in section 216 of this title.
(b) Subsection (a) shall not apply—
(1) if the officer or employee first advises the Government official responsible for appointment to his or her position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee;
(2) if, by regulation issued by the Director of the Office of Government Ethics, applicable to all or a portion of all officers and employees covered by this section, and published in the Federal Register, the financial interest has been exempted from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services of the Government officers or employees to which such regulation applies;
(3) in the case of a special Government employee serving on an advisory committee within the meaning of chapter 10 of title 5 (including an individual being considered for an appointment to such a position), the official responsible for the employee’s appointment, after review of the financial disclosure report filed by the individual pursuant to chapter 131 of title 5, certifies in writing that the need for the individual’s services outweighs the potential for a conflict of interest created by the financial interest involved; or
(4) if the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee, or his or her spouse or minor child, in birthrights—
(A) in an Indian tribe, band, nation, or other organized group or community, including any Alaska Native village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians,
(B) in an Indian allotment the title to which is held in trust by the United States or which is inalienable by the allottee without the consent of the United States, or
(C) in an Indian claims fund held in trust or administered by the United States,
if the particular matter does not involve the Indian allotment or claims fund or the Indian tribe, band, nation, organized group or community, or Alaska Native village corporation as a specific party or parties.
(c) (1) For the purpose of paragraph (1) of subsection (b), in the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be deemed to be the Government official responsible for appointment.
(2) The potential availability of an exemption under any particular paragraph of subsection (b) does not preclude an exemption being granted pursuant to another paragraph of subsection (b).
(d) (1) Upon request, a copy of any determination granting an exemption under subsection (b)(1) or (b)(3) shall be made available to the public by the agency granting the exemption pursuant to the procedures set forth in section 13107 of title 5. In making such determination available, the agency may withhold from disclosure any information contained in the determination that would be exempt from disclosure under section 552 of title 5. For purposes of determinations under subsection (b)(3), the information describing each financial interest shall be no more extensive than that required of the individual in his or her financial disclosure report under chapter 131 of title 5.
(2) The Office of Government Ethics, after consultation with the Attorney General, shall issue uniform regulations for the issuance of waivers and exemptions under subsection (b) which shall—
(A) list and describe exemptions; and
(B) provide guidance with respect to the types of interests that are not so substantial as to be deemed likely to affect the integrity of the services the Government may expect from the employee.
(Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1124; amended Pub. L. 95–188, title II, § 205, Nov. 16, 1977, 91 Stat. 1388; Pub. L. 101–194, title IV, § 405, Nov. 30, 1989, 103 Stat. 1751; Pub. L. 101–280, § 5(e), May 4, 1990, 104 Stat. 159; Pub. L. 103–322, title XXXIII, §§ 330002(b), 330008(6), Sept. 13, 1994, 108 Stat. 2140, 2143; Pub. L. 117–286, § 4(a)(134), (c)(27), Dec. 27, 2022, 136 Stat. 4320, 4357.)
## Notes
Editorial Notes
References in TextThe Alaska Native Claims Settlement Act, referred to in subsec. (b)(4)(A), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Prior ProvisionsA prior section 208, act June 25, 1948, ch. 645, 62 Stat. 693, related to the acceptance of solicitation of a bribe by a judicial officer, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in section 434 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87–849.
Amendments2022—Subsec. (b)(3). Pub. L. 117–286, § 4(a)(134), (c)(27)(A), substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act” and “chapter 131 of title 5,” for “the Ethics in Government Act of 1978,”. Subsec. (d)(1). Pub. L. 117–286, § 4(c)(27)(B), substituted “section 13107 of title 5.” for “section 105 of the Ethics in Government Act of 1978.” and “chapter 131 of title 5.” for “the Ethics in Government Act of 1978.” 1994—Subsec. (b)(4). Pub. L. 103–322, § 330008(6), inserted “if” after “(4)”. Subsec. (c)(1). Pub. L. 103–322, § 330002(b), substituted “banks” for “Banks”. 1990—Subsec. (a). Pub. L. 101–280, § 5(e)(2), made technical correction to directory language of Pub. L. 101–194, § 405(1)(C). See 1989 Amendment note below. Subsec. (b)(2). Pub. L. 101–280, § 5(e)(1)(A), substituted “subsection (a)” for “paragraph (1)”. Subsec. (b)(3). Pub. L. 101–280, § 5(e)(1)(B), struck out “section 107 of” after “individual pursuant to”. Subsec. (d)(1). Pub. L. 101–280, § 5(e)(1)(C), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “A copy of any determination by other than the Director of the Office of Government Ethics granting an exemption pursuant to subsection (b)(1) or (b)(3) shall be submitted to the Director, who shall make all determinations available to the public pursuant to section 105 of the Ethics in Government Act of 1978. For determinations pursuant to subsection (b)(3), the information from the financial disclosure report of the officer or employee involved describing the asset or assets that necessitated the waiver shall also be made available to the public. This subsection shall not apply, however, if the head of the agency or his or her designee determines that the determination under subsection (b)(1) or (b)(3), as the case may be, involves classified information.” 1989—Subsec. (a). Pub. L. 101–194, § 405(1), as amended by Pub. L. 101–280, § 5(e)(2), inserted “or” after “United States Government,” and “an officer or employee” before “of the District of Columbia”, substituted “general partner” for “partner” in two places, and substituted “Shall be subject to the penalties set forth in section 216 of this title” for “Shall be fined not more than $10,000, or imprisoned not more than two years, or both”. Subsec. (b). Pub. L. 101–194, § 405(2), added subsec. (b) and struck out former subsec. (b), which read as follows: “Subsection (a) hereof shall not apply (1) if the officer or employee first advises the Government official responsible for appointment to his position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee, or (2) if, by general rule or regulation published in the Federal Register, the financial interest has been exempted from the requirements of clause (1) hereof as being too remote or too inconsequential to affect the integrity of Government officers’ or employees’ services. In the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be the Government official responsible for appointment.” Subsecs. (c), (d). Pub. L. 101–194, § 405(2), added subsecs. (c) and (d). 1977—Subsec. (a). Pub. L. 95–188, § 205(a), extended conflicts of interest prohibition to a Federal Reserve bank director, officer, or employee. Subsec. (b). Pub. L. 95–188, § 205(b), inserted at end “In the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be the Government official responsible for appointment.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.
ExemptionsExemptions from former section 434 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87–849, set out as a note under section 203 of this title.
“Particular Matter” Defined Pub. L. 100–446, title III, § 319, Sept. 27, 1988, 102 Stat. 1826, which provided that notwithstanding any other provision of law, for the purposes of this section “particular matter”, as applied to employees of the Department of the Interior and the Indian Health Service, means “particular matter involving specific parties”, was repealed by Pub. L. 101–194, title V, § 505(b), Nov. 30, 1989, 103 Stat. 1756, as amended by Pub. L. 101–280, § 6(c), May 4, 1990, 104 Stat. 160. Similar provisions were contained in Pub. L. 100–202, § 101(g) [title III, § 318], Dec. 22, 1987, 101 Stat. 1329–213, 1329–255.
Executive Documents
Promulgation of RegulationsResponsibility of Office of Government Ethics for promulgating regulations and interpreting this section, see section 201(c) of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees.
Delegation of Authority Authority of the President under subsec. (b) of this section to grant exemptions or approvals to individuals delegated to agency heads, see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. Authority of the President under subsec. (b) of this section to grant exemptions or approvals for Presidential appointees to committees, commissions, boards, or similar groups established by the President, and for individuals appointed pursuant to sections 105 and 107(a) of Title 3, The President, delegated to Counsel to the President, see section 402 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5.
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# 18 U.S.C. § 209 - Salary of Government officials and employees payable only by United States
## Text
(a) Whoever receives any salary, or any contribution to or supplementation of salary, as compensation for his services as an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality; orWhoever, whether an individual, partnership, association, corporation, or other organization pays, makes any contribution to, or in any way supplements, the salary of any such officer or employee under circumstances which would make its receipt a violation of this subsection— Shall be subject to the penalties set forth in section 216 of this title.
(b) Nothing herein prevents an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, or of the District of Columbia, from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer.
(c) This section does not apply to a special Government employee or to an officer or employee of the Government serving without compensation, whether or not he is a special Government employee, or to any person paying, contributing to, or supplementing his salary as such.
(d) This section does not prohibit payment or acceptance of contributions, awards, or other expenses under the terms of chapter 41 of title 5.
(e) This section does not prohibit the payment of actual relocation expenses incident to participation, or the acceptance of same by a participant in an executive exchange or fellowship program in an executive agency: Provided, That such program has been established by statute or Executive order of the President, offers appointments not to exceed three hundred and sixty-five days, and permits no extensions in excess of ninety additional days or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days.
(f) This section does not prohibit acceptance or receipt, by any officer or employee injured during the commission of an offense described in section 351 or 1751 of this title, of contributions or payments from an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code.
(g) (1) This section does not prohibit an employee of a private sector organization, while assigned to an agency under chapter 37 of title 5, from continuing to receive pay and benefits from such organization in accordance with such chapter.
(2) For purposes of this subsection, the term “agency” means an agency (as defined by section 3701 of title 5) and the Office of the Chief Technology Officer of the District of Columbia.
(h) This section does not prohibit a member of the reserve components of the armed forces, or a member of the Space Force, on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10 from receiving from any person that employed such member before the call or order to active duty any payment of any part of the salary or wages that such person would have paid the member if the member’s employment had not been interrupted by such call or order to active duty.
(Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1125; amended Pub. L. 96–174, Dec. 29, 1979, 93 Stat. 1288; Pub. L. 97–171, Apr. 13, 1982, 96 Stat. 67; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–646, § 70, Nov. 10, 1986, 100 Stat. 3617; Pub. L. 101–194, title IV, § 406, Nov. 30, 1989, 103 Stat. 1753; Pub. L. 101–647, title XXXV, § 3510, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 103–322, title XXXIII, § 330008(7), Sept. 13, 1994, 108 Stat. 2143; Pub. L. 107–273, div. A, title III, § 302(3), Nov. 2, 2002, 116 Stat. 1781; Pub. L. 107–347, title II, § 209(g)(2), Dec. 17, 2002, 116 Stat. 2932; Pub. L. 108–375, div. A, title VI, § 663, Oct. 28, 2004, 118 Stat. 1974; Pub. L. 118–159, div. A, title V, § 568(b), Dec. 23, 2024, 138 Stat. 1906.)
## Notes
Editorial Notes
References in TextSection 501 of the Internal Revenue Code of 1986, referred to in subsec. (f), is classified to section 501 of Title 26, Internal Revenue Code.
Prior ProvisionsA prior section 209, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer of a bribe to a witness, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered by section 201. Provisions similar to those comprising this section were contained in section 1914 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87–849.
Amendments2024—Subsec. (h). Pub. L. 118–159 inserted “, or a member of the Space Force,” after “a member of the reserve components of the armed forces”. 2004—Subsec. (h). Pub. L. 108–375 added subsec. (h). 2002—Subsec. (a). Pub. L. 107–273, in second par., substituted “makes” for “or makes” and “supplements, the salary of any” for “supplements the salary of, any”. Subsec. (g). Pub. L. 107–347 added subsec. (g). 1994—Subsec. (d). Pub. L. 103–322 struck out “the” before “chapter 41”. 1990—Subsec. (d). Pub. L. 101–647 substituted “chapter 41 of title 5” for “Government Employees Training Act (Public Law 85–507, 72 Stat. 327; 5 U.S.C. 2301–2319, July 7, 1958)”. 1989—Subsec. (a). Pub. L. 101–194 substituted at end “Shall be subject to the penalties set forth in section 216 of this title.” for “Shall be fined not more than $5,000 or imprisoned not more than one year, or both.” 1986—Subsec. (e). Pub. L. 99–646 inserted “or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days”. Subsec. (f). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1982—Subsec. (f). Pub. L. 97–171 added subsec. (f). 1979—Subsec. (e). Pub. L. 96–174 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.
ExemptionsExemptions from former section 1914 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87–849, set out as a note under section 203 of this title.
Executive Documents
Promulgation of Regulations Responsibility of Office of Government Ethics for promulgating regulations and interpreting this section, see section 201(c) of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees.
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# 18 U.S.C. § 210 - Offer to procure appointive public office
## Text
Whoever pays or offers or promises any money or thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 694, § 210, formerly § 214; renumbered § 210, Pub. L. 87–849, § 1(b), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on Title 18, U. S.C., 1940 ed., §§ 149 and 151 (Dec. 11, 1926, c. 3, §§ 1, 3, 44 Stat. 918). Changes of style and substance were made in this section. Term “or place” was inserted after words “appointive office” in order to give broader scope to the section and also to follow the phraseology used in similar provisions of section 202 of Title 18, U.S.C., 1940 ed., now section 216 [repealed] of this title. (See 46 Corpus Juris 924, where it is explained that the work “places” is used in a less technical sense than the word “offices”.) The punishment provision, added at the end of this section and section 215 [now section 211] of this title to secure uniformity of style throughout this chapter, was originally enacted as a separate section, incorporating the other two by reference. 80th Congress House Report No. 304.
Editorial Notes
Prior ProvisionsA prior section 210, act June 25, 1948, ch. 645, 62 Stat. 693, related to acceptance of a bribe by a witness, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered in revised section 201.
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.
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# 18 U.S.C. § 211 - Acceptance or solicitation to obtain appointive public office
## Text
Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be fined under this title or imprisoned not more than one year, or both. Whoever solicits or receives any thing of value in consideration of aiding a person to obtain employment under the United States either by referring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has secured such employment shall be fined under this title, or imprisoned not more than one year, or both. This section shall not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the United States.
(June 25, 1948, ch. 645, 62 Stat. 694, § 211, formerly § 215; Sept. 13, 1951, ch. 380, 65 Stat. 320; renumbered § 211, Pub. L. 87–849, § 1(b), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 150 and 151 (Dec. 11, 1926, ch. 3, §§ 2, 3, 44 Stat. 918). Same changes of style and substance were made in this section as in section 214 of this title.
Editorial Notes
Prior ProvisionsA prior section 211, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer of a gratuity to a revenue officer, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered in revised section 201.
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in two places. 1951—Act Sept. 13, 1951, inserted second paragraph.
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# 18 U.S.C. § 212 - Offer of loan or gratuity to financial institution examiner
## Text
(a) In General.— Except as provided in subsection (b), whoever, being an officer, director, or employee of a financial institution, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has authority to examine such bank, branch, agency, organization, corporation, association, or institution—
(1) shall be fined under this title, imprisoned not more than 1 year, or both; and
(2) may be fined a further sum equal to the money so loaned or gratuity given.
(b) Regulations.— A Federal financial institution regulatory agency may prescribe regulations establishing additional limitations on the application for and receipt of credit under this section and on the application and receipt of residential mortgage loans under this section, after consulting with each other Federal financial institution regulatory agency.
(c) Definitions.— In this section:
(1) Examiner.— The term “examiner” means any person—
(A) appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a financial institution; or
(B) elected under the law of any State to conduct examinations of any financial institutions.
(2) Federal financial institution regulatory agency.— The term “Federal financial institution regulatory agency” means—
(A) the Office of the Comptroller of the Currency;
(B) the Board of Governors of the Federal Reserve System;
(C) the Federal Deposit Insurance Corporation;
(D) the Federal Housing Finance Agency;
(E) the Farm Credit Administration;
(F) the Farm Credit System Insurance Corporation; and
(G) the Small Business Administration.
(3) Financial institution.— The term “financial institution” does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company.
(4) Loan.— The term “loan” does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner, if—
(A) the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan;
(B) the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers cardholders 11 So in original. in comparable circumstances under open end consumer credit plans or for residential real property loans; and
(C) with respect to residential real property loans, the loan is with respect to the primary residence of the applicant.
(Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899; amended Pub. L. 110–289, div. A, title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub. L. 111–203, title III, § 377(1), July 21, 2010, 124 Stat. 1569.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 212, acts June 25, 1948, ch. 645, 62 Stat. 694, § 212, formerly § 217; Pub. L. 85–699, title VII, § 701(a), Aug. 21, 1958, 72 Stat. 698; Pub. L. 86–168, title I, § 104(h), Aug. 18, 1959, 73 Stat. 387; renumbered § 212, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(1), Aug. 9, 1989, 103 Stat. 501; Pub. L. 101–647, title XXV, § 2597(b), Nov. 29, 1990, 104 Stat. 4908; Pub. L. 103–322, title XXXIII, §§ 330004(1), 330010(1), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2143, 2147, related to offer of loan or gratuity to bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 212, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer or threat to a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially covered by revised section 201.
Amendments2010—Subsec. (c)(2)(C) to (H). Pub. L. 111–203 redesignated subpars. (D) to (H) as (C) to (G), respectively, and struck out former subpar. (C) which read as follows: “the Office of Thrift Supervision;”. 2008—Subsec. (c)(2)(E). Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.
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# 18 U.S.C. § 213 - Acceptance of loan or gratuity by financial institution examiner
## Text
(a) In General.— Whoever, being an examiner or assistant examiner, accepts a loan or gratuity from any bank, branch, agency, organization, corporation, association, or institution examined by the examiner or from any person connected with it, shall—
(1) be fined under this title, imprisoned not more than 1 year, or both;
(2) may be fined a further sum equal to the money so loaned or gratuity given; and
(3) shall be disqualified from holding office as an examiner.
(b) Definitions.— In this section, the terms “examiner”, “Federal financial institution regulatory agency”, “financial institution”, and “loan” have the same meanings as in section 212.
(Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2900.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 213, acts June 25, 1948, ch. 645, 62 Stat. 695, § 213, formerly § 218; Pub. L. 85–699, title VII, § 701(b), Aug. 21, 1958, 72 Stat. 698; renumbered § 213, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(2), Aug. 9, 1989, 103 Stat. 502; Pub. L. 101–647, title XXV, § 2597(c), Nov. 29, 1990, 104 Stat. 4909; Pub. L. 103–322, title XXXIII, §§ 330004(2), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2147, related to acceptance of loan or gratuity by bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 213, act June 25, 1948, ch. 645, 62 Stat. 693, related to the acceptance or demand of a bribe by a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially covered by revised section 201.
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# 18 U.S.C. § 214 - Offer for procurement of Federal Reserve bank loan and discount of commercial paper
## Text
Whoever stipulates for or gives or receives, or consents or agrees to give or receive, any fee, commission, bonus, or thing of value for procuring or endeavoring to procure from any Federal Reserve bank any advance, loan, or extension of credit or discount or purchase of any obligation or commitment with respect thereto, either directly from such Federal Reserve bank or indirectly through any financing institution, unless such fee, commission, bonus, or thing of value and all material facts with respect to the arrangement or understanding therefor shall be disclosed in writing in the application or request for such advance, loan, extension of credit, discount, purchase, or commitment, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 695, § 214, formerly § 219; renumbered § 214, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on section 599 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22(k), as added by act June 19, 1934, ch. 653, § 3, 48 Stat. 1108). Final sentence of said section 599, imposing civil liability on violators, was omitted as unnecessary, being merely a declaration of that rule of common law which in the absence of statute fixes civil liability on the wrongdoer. Minor changes were made in phraseology.
Editorial Notes
Prior ProvisionsA prior section 214 of this title was renumbered section 210.
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.
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# 18 U.S.C. § 215 - Receipt of commissions or gifts for procuring loans
## Text
(a) Whoever—
(1) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution; or
(2) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution;
shall be fined not more than $1,000,000 or three times the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted, whichever is greater, or imprisoned not more than 30 years, or both, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed $1,000, shall be fined under this title or imprisoned not more than one year, or both.
[(b) Transferred]
(c) This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.
(d) Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public.
(June 25, 1948, ch. 645, 62 Stat. 695, § 215, formerly § 220; Sept. 21, 1950, ch. 967, § 4, 64 Stat. 894; renumbered § 215, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 98–473, title II, § 1107(a), Oct. 12, 1984, 98 Stat. 2145; Pub. L. 99–370, § 2, Aug. 4, 1986, 100 Stat. 779; Pub. L. 101–73, title IX, §§ 961(a), 962(e)(1), Aug. 9, 1989, 103 Stat. 499, 503; Pub. L. 101–647, title XXV, § 2504(a), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.)
## Notes
Historical and Revision NotesBased on sections 595, 1125, and 1315 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22, first sentence of second paragraph, 38 Stat. 272; July 17, 1916, ch. 245, § 211(e), as added Mar. 4, 1923, ch. 252, § 2, 42 Stat. 1460; June 21, 1917, ch. 32, § 11, 40 Stat. 240; Sept. 26, 1918, ch. 177, § 5, part 22(c), 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, § 216(e), 42 Stat. 1472). The punishment provisions of the three sections were identical, and all other provisions thereof were similar, except that section 595 of title 12, U.S.C., 1940 ed., Banks and Banking, relating to officers, directors, employees, or attorneys of member banks of the Federal Reserve System, did not include the terms “agent” and “acceptance” and did not include the phrase “or extension or renewal of loan or substitution of security”. Words “shall be deemed guilty of a misdemeanor” were omitted because of definition of misdemeanor in section 1 of this title. Words “and upon conviction” and “and shall upon conviction thereof” were omitted as surplusage because punishment cannot be imposed until after conviction. Verbal changes were made for style purposes.
Editorial Notes
Prior ProvisionsA prior section 215 of this title was renumbered section 211.
Amendments1996—Subsec. (a). Pub. L. 104–294 substituted “$1,000” for “$100” in concluding provisions. 1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions. 1990—Subsec. (a). Pub. L. 101–647 substituted “30” for “20” before “years” in concluding provisions. 1989—Subsec. (a). Pub. L. 101–73, § 961(a), in closing provisions, substituted “$1,000,000” for “$5,000” and “20 years” for “five years”. Subsec. (b). Pub. L. 101–73, § 962(e)(1), transferred subsec. (b) to section 20 of this title. 1986—Pub. L. 99–370 amended section generally, combining in subsec. (a) the statement of prohibited activities formerly set out in subsecs. (a) and (b), transferring to subsec. (b) and expanding provisions formerly set out in subsec. (c) which defined “financial institution”, transferring to subsec. (c) and amending provisions formerly set out in subsec. (d) relating to applicability of section, and adding new subsec. (d) relating to establishment of guidelines to assist financial institutions in complying with this section. 1984—Pub. L. 98–473 amended section generally. Prior to amendment section read as follows: “Whoever, being an officer, director, employee, agent, or attorney of any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, of a Federal intermediate credit bank, or of a National Agricultural Credit Corporation, except as provided by law, stipulates for or receives or consents or agrees to receive any fee, commission, gift, or thing of value, from any person, firm, or corporation, for procuring or endeavoring to procure for such person, firm, or corporation, or for any other person, firm, or corporation, from any such bank or corporation, any loan or extension or renewal of loan or substitution of security, or the purchase or discount or acceptance of any paper, note, draft, check, or bill of exchange by any such bank or corporation, shall be fined not more than $5,000 or imprisoned not more than one year or both.” 1950—Act Sept. 21, 1950, substituted “any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation” for “a member bank of the Federal Reserve System”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99–370, § 3, Aug. 4, 1986, 100 Stat. 780, provided that: “This Act and the amendments made by this Act [amending this section and enacting a provision set out as a note under section 201 of this title] shall take effect 30 days after the date of the enactment of this Act [Aug. 4, 1986].”
legal/us/code/title-18/chapter-11/section-216.md
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# 18 U.S.C. § 216 - Penalties and injunctions
## Text
(a) The punishment for an offense under section 203, 204, 205, 207, 208, or 209 of this title is the following:
(1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year or fined in the amount set forth in this title, or both.
(2) Whoever willfully engages in the conduct constituting the offense shall be imprisoned for not more than five years or fined in the amount set forth in this title, or both.
(b) The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.
(c) If the Attorney General has reason to believe that a person is engaging in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.
(Added Pub. L. 101–194, title IV, § 407(a), Nov. 30, 1989, 103 Stat. 1753; amended Pub. L. 101–280, § 5(f), May 4, 1990, 104 Stat. 159.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 216, acts June 25, 1948, ch. 645, 62 Stat. 695, § 216, formerly § 221, amended Aug. 21, 1958, Pub. L. 85–699, title VII, § 702(a)–(c), 72 Stat. 698; Aug. 18, 1959, Pub. L. 86–168, title I, § 104(h), 73 Stat. 387, and renumbered Oct. 23, 1962, Pub. L. 87–849, § 1(d), 76 Stat. 1125, related to receipt or charge of commissions or gifts for farm loan, land bank, or small business transactions, prior to repeal by Pub. L. 98–473, title II, § 1107(b), Oct. 12, 1984, 98 Stat. 2146. Another prior section 216, act June 25, 1948, ch. 645, 62 Stat. 694, which related to procurement of a contract by an officer or Member of Congress, was repealed by section 1(c) of Pub. L. 87–849.
Amendments1990—Subsec. (a). Pub. L. 101–280, § 5(f)(1), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”. Subsec. (b). Pub. L. 101–280, § 5(f)(2), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”.
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# 18 U.S.C. § 217 - Acceptance of consideration for adjustment of farm indebtedness
## Text
Whoever, being an officer or employee of, or person acting for the United States or any agency thereof, accepts any fee, commission, gift, or other consideration in connection with the compromise, adjustment, or cancellation of any farm indebtedness as provided by sections 1150, 1150a, and 1150b of Title 12, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 696, § 217, formerly § 222; renumbered § 217, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on section 1150c(b) of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 20, 1944, ch. 623, § 4(b), 58 Stat. 837). Words “upon conviction thereof” were omitted as surplusage, since punishment cannot be imposed until after conviction. Other changes were made in phraseology without change of substance.
Editorial Notes
Prior ProvisionsA prior section 217 was renumbered section 212 of this title and subsequently repealed.
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.

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