US (United States) Code. Title 18. Chapter 1: General provisions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 1 - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

.

-HEAD-

CHAPTER 1 - GENERAL PROVISIONS

-MISC1-

Sec.

1. Repealed.

2. Principals.

3. Accessory after the fact.

4. Misprision of felony.

5. United States defined.

6. Department and agency defined.

7. Special maritime and territorial jurisdiction of the United

States defined.

8. Obligation or other security of the United States defined.

9. Vessel of the United States defined.

10. Interstate commerce and foreign commerce defined.

11. Foreign government defined.

12. United States Postal Service defined.

13. Laws of States adopted for areas within Federal jurisdiction.

(14. Repealed.)

15. Obligation or other security of foreign government defined.

16. Crime of violence defined.

17. Insanity defense.

18. Organization defined.

19. Petty offense defined.

20. Financial institution defined.

21. Stolen or counterfeit nature of property for certain crimes

defined.

23. Court of the United States defined.

24. Definitions relating to Federal health care offense.

SENATE REVISION AMENDMENT

In the analysis of sections under this chapter heading, a new

item, ''14. Applicability to Canal Zone.'', was inserted by Senate

amendment, to follow underneath item 13, inasmuch as a new section

14, with such a catchline, was inserted, by Senate amendment, in

this chapter. See Senate Report No. 1620, amendments Nos. 1 and 3,

80th Cong.

AMENDMENTS

2002 - Pub. L. 107-273, div. B, title IV, Sec. 4004(a), Nov. 2,

2002, 116 Stat. 1812, struck out item 14 ''Applicability to Canal

Zone; definition''.

1996 - Pub. L. 104-191, title II, Sec. 241(b), Aug. 21, 1996, 110

Stat. 2016, which directed the amendment of the table of sections

at the beginning of chapter 2 of this title by inserting item 24,

was executed by inserting item 24 in the table of sections at the

beginning of this chapter, to reflect the probable intent of

Congress.

1994 - Pub. L. 103-332, title XXXII, Sec. 320910(b), 320914(b),

Sept. 13, 1994, 108 Stat. 2127, 2128, added items 21 and 23.

1990 - Pub. L. 101-647, title XXXV, Sec. 3504, Nov. 29, 1990, 104

Stat. 4921, substituted ''defense'' for ''Defense'' in item 17.

1989 - Pub. L. 101-73, title IX, Sec. 962(e)(3), Aug. 9, 1989,

103 Stat. 504, added item 20.

1987 - Pub. L. 100-185, Sec. 4(b), Dec. 11, 1987, 101 Stat. 1279,

added item 19.

1986 - Pub. L. 99-646, Sec. 34(b), 38(b), Nov. 10, 1986, 100

Stat. 3599, renumbered item 20 as 17 and added item 18.

1984 - Pub. L. 98-473, title II, Sec. 218(b), 402(b), 1001(b),

Oct. 12, 1984, 98 Stat. 2027, 2057, 2136, substituted ''Repealed''

for ''Offenses classified'' in item 1 and added items 16 and 20.

1970 - Pub. L. 91-375, Sec. 6(j)(1), Aug. 12, 1970, 84 Stat. 777,

inserted ''United States'' before ''Postal Service'' in item 12.

1962 - Pub. L. 87-845, Sec. 3(b), Oct. 18, 1962, 76A Stat. 698,

inserted ''; definition'' in item 14.

1958 - Pub. L. 85-921, Sec. 4, Sept. 2, 1958, 72 Stat. 1771,

added item 15.

COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT

Pub. L. 104-132, title VIII, Sec. 806, Apr. 24, 1996, 110 Stat.

1305, established Commission on the Advancement of Federal Law

Enforcement, directed Commission to review and recommend action to

Congress on Federal law enforcement priorities for 21st century,

including Federal law enforcement capability to investigate and

deter adequately threat of terrorism facing United States,

standards and procedures, degree of coordination with

international, State, and local law enforcement agencies, and other

matters, provided for membership and administration of Commission,

staffing and support functions, and powers to hold hearings and

obtain official data for purposes of carrying out its duties,

required report to Congress and public of findings, conclusions,

and recommendations not later than 2 years after quorum of

Commission had been appointed, and provided for termination of

Commission 30 days after submitting report.

NATIONAL COMMISSION ON REFORM OF FEDERAL CRIMINAL LAWS

Pub. L. 89-801, Nov. 8, 1966, 80 Stat. 1516, as amended by Pub.

L. 91-39, July 8, 1969, 83 Stat. 44, provided for the establishment

of the National Commission on Reform of Federal Criminal Laws, its

membership, duties, compensation of the members, the Director, and

the staff of the Commission, established the Advisory Committee on

Reform of Federal Criminal Laws, required the Commission to submit

interim reports to the President and the Congress and to submit a

final report within four years from Nov. 8, 1966, and further

provided that the Commission shall cease to exist sixty days after

the submission of the final report.

-EXEC-

EX. ORD. NO. 11396. COORDINATION BY ATTORNEY GENERAL OF FEDERAL LAW

ENFORCEMENT AND CRIME PREVENTION PROGRAMS

Ex. Ord. No. 11396, Feb. 7, 1968, 33 F.R. 2689, provided:

WHEREAS the problem of crime in America today presents the Nation

with a major challenge calling for maximum law enforcement efforts

at every level of Government;

WHEREAS coordination of all Federal Criminal law enforcement

activities and crime prevention programs is desirable in order to

achieve more effective results;

WHEREAS the Federal Government has acknowledged the need to

provide assistance to State and local law enforcement agencies in

the development and administration of programs directed to the

prevention and control of crime:

WHEREAS to provide such assistance the Congress has authorized

various departments and agencies of the Federal Government to

develop programs which may benefit State and local efforts directed

at the prevention and control of crime, and the coordination of

such programs is desirable to develop and administer them most

effectively; and

WHEREAS the Attorney General, as the chief law officer of the

Federal Government, is charged with the responsibility for all

prosecutions for violations of the Federal criminal statutes and is

authorized under the Law Enforcement Assistance Act of 1965 (79

Stat. 828) (formerly set out as a note preceding section 3001 of

this title) to cooperate with and assist State, local, or other

public or private agencies in matters relating to law enforcement

organization, techniques and practices, and the prevention and

control of crime.

NOW, THEREFORE, by virtue of the authority vested in the

President by the Constitution and laws of the United States, it is

ordered as follows:

Section 1. The Attorney General is hereby designated to

facilitate and coordinate (1) the criminal law enforcement

activities and crime prevention programs of all Federal departments

and agencies, and (2) the activities of such departments, and

agencies relating to the development and implementation of Federal

programs which are designed, in whole or in substantial part, to

assist State and local law enforcement agencies and crime

prevention activities. The Attorney General may promulgate such

rules and regulations and take such actions as he shall deem

necessary or appropriate to carry out his functions under this

Order.

Sec. 2. Each Federal department and agency is directed to

cooperate with the Attorney General in the performance of his

functions under this Order and shall, to the extent permitted by

law and within the limits of available funds, furnish him such

reports, information, and assistance as he may request.

Lyndon B. Johnson.

EXECUTIVE ORDER NO. 11534

Ex. Ord. No. 11534, June 4, 1970, 35 F.R. 8865, which related to

the National Council on Organized Crime, was revoked by Ex. Ord.

No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5, Government Organization and Employees.

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18 USC Sec. 1 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

(Sec. 1. Repealed. Pub. L. 98-473, title II, Sec. 218(a)(1), Oct.

12, 1984, 98 Stat. 2027)

-MISC1-

Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30,

1984, Pub. L. 98-596, Sec. 8, 98 Stat. 3138, classified offenses as

a felony, misdemeanor, or petty offense.

EFFECTIVE DATE OF REPEAL

Repeal 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 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 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 AMENDMENT

Pub. L. 107-56, Sec. 1(a), Oct. 26, 2001, 115 Stat. 272, 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 (USA PATRIOT

ACT) Act of 2001'.''

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-314, Sec. 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, Sec. 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 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 AMENDMENTS

Pub. L. 104-294, Sec. 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, Sec. 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 AMENDMENT

Pub. L. 103-322, title X, Sec. 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 AMENDMENT

Pub. L. 101-647, Sec. 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 AMENDMENT

Pub. L. 100-690, title VII, Sec. 7011, Nov. 18, 1988, 102 Stat.

4395, provided that: ''This subtitle (subtitle B (Sec. 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 AMENDMENT

Pub. L. 100-185, Sec. 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 AMENDMENT

Pub. L. 99-646, Sec. 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 AMENDMENT

Section 200 of title II (Sec. 200-2304) of Pub. L. 98-473

provided that: ''This title (see Tables for classification) may be

cited as the 'Comprehensive Crime Control Act of 1984'.''

SEVERABILITY

Pub. L. 107-56, Sec. 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, Sec. 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 USC Sec. 2 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 2. Principals

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 684; Oct. 31, 1951, ch. 655, Sec.

17b, 65 Stat. 717.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 550 (Mar. 4, 1909, ch.

321, Sec. 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.

AMENDMENTS

1951 - 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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962 of this title; title

21 sections 848, 854; title 50 section 422.

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18 USC Sec. 3 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 3. Accessory after the fact

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 99-646, Sec. 43,

Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101-647, title XXXV, Sec.

3502, Nov. 29, 1990, 104 Stat. 4921; Pub. L. 103-322, title XXXIII,

Sec. 330011(h), 330016(2)(A), Sept. 13, 1994, 108 Stat. 2145,

2148.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 551 (Mar. 4, 1909, ch.

321, Sec. 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.

AMENDMENTS

1994 - Pub. L. 103-322, Sec. 330016(2)(A), inserted

''(notwithstanding section 3571)'' before ''fined not more than

one-half'' in second par.

Pub. L. 103-322, Sec. 330011(h), amended directory language of

Pub. L. 101-647, Sec. 3502. See 1990 Amendment note below.

1990 - Pub. L. 101-647, as amended by Pub. L. 103-322, Sec.

330011(h), substituted ''15 years'' for ''ten years'' in second

par.

1986 - Pub. L. 99-646 inserted ''life imprisonment or'' in second

par.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(h) of Pub. L. 103-322 provided that the amendment

made by that section is effective as of Nov. 29, 1990.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2332b of this title.

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18 USC Sec. 4 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 4. Misprision of felony

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C. 1940 ed., Sec. 251 (Mar. 4, 1909, ch.

321, Sec. 146, 35 Stat. 1114).

Changes in phraseology only.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 422.

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18 USC Sec. 5 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 5. United States defined

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 685.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 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, Sec. 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 AMENDMENT

Words '', 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.

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section

3602(b) of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 112, 878, 1116, 1201,

2340 of this title.

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18 USC Sec. 6 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 6. Department and agency defined

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 685.)

-MISC1-

HISTORICAL AND REVISION NOTES

This 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.

-REFTEXT-

REFERENCES IN TEXT

Section 1 of Title 5, referred to in text, was repealed by Pub.

L. 89-554, Sec. 8, Sept. 6, 1966, 80 Stat. 632, and reenacted by

the first section thereof as section 101 of Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 1821.

-CITE-

18 USC Sec. 7 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 7. Special maritime and territorial jurisdiction of the United

States defined

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66

Stat. 589; Pub. L. 97-96, Sec. 6, Dec. 21, 1981, 95 Stat. 1210;

Pub. L. 98-473, title II, Sec. 1210, Oct. 12, 1984, 98 Stat. 2164;

Pub. L. 103-322, title XII, Sec. 120002, Sept. 13, 1994, 108 Stat.

2021; Pub. L. 107-56, title VIII, Sec. 804, Oct. 26, 2001, 115

Stat. 377.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 451 (Mar. 4, 1909, ch.

321, Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

Section 101 of the Immigration and Nationality Act, referred to

in par. (9), is classified to section 1101 of Title 8, Aliens and

Nationality.

-MISC2-

AMENDMENTS

2001 - 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).

TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL

MARITIME AND TERRITORIAL JURISDICTION

Pub. L. 104-132, title IX, Sec. 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13, 112, 878, 1116, 1201,

2334, 2340 of this title; title 15 sections 1175, 1243, 1245; title

16 section 3372; title 48 sections 1912, 1934; title 49 section

46506.

-CITE-

18 USC Sec. 8 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 8. Obligation or other security of the United States defined

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 685.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 261 (Mar. 4, 1909, ch.

321, Sec. 147, 35 Stat. 1115; Jan. 27, 1938, ch. 10, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2024; title 49

section 80302.

-CITE-

18 USC Sec. 9 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 9. Vessel of the United States defined

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 685.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 501 (Mar. 4, 1909, ch.

321, Sec. 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.

-CITE-

18 USC Sec. 10 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 10. Interstate commerce and foreign commerce defined

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 686.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 408, 408b, 414(a), and

419a(b) (Oct. 29, 1919, ch. 89, Sec. 2(b), 41 Stat. 325; June 22,

1932, ch. 271, Sec. 2, 47 Stat. 326; May 18, 1934, ch. 301, 48

Stat. 782; May 22, 1934, ch. 333, Sec. 2(a), 48 Stat. 794; Aug. 18,

1941, ch. 366, Sec. 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.

-CITE-

18 USC Sec. 11 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 11. Foreign government defined

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 94-467, Sec. 11,

Oct. 8, 1976, 90 Stat. 2001.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 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, Sec. 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.

AMENDMENTS

1976 - Pub. L. 94-467 inserted ''except in sections 112, 878,

970, 1116, and 1201'' after ''title''.

-CITE-

18 USC Sec. 12 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 12. United States Postal Service defined

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 91-375, Sec.

6(j)(2), Aug. 12, 1970, 84 Stat. 777; Pub. L. 101-647, title XXXV,

Sec. 3505, Nov. 29, 1990, 104 Stat. 4921.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 301, 360 (Mar. 4, 1909,

ch. 321, Sec. 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.

AMENDMENTS

1990 - 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.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment 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.

-CITE-

18 USC Sec. 13 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 13. Laws of States adopted for areas within Federal

jurisdiction

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 100-690, title VI,

Sec. 6477(a), Nov. 18, 1988, 102 Stat. 4381; Pub. L. 103-322, title

X, Sec. 100002, Sept. 13, 1994, 108 Stat. 1996; Pub. L. 104-132,

title IX, Sec. 901(b), Apr. 24, 1996, 110 Stat. 1317; Pub. L.

104-294, title VI, Sec. 604(b)(32), Oct. 11, 1996, 110 Stat. 3508.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 468 (Mar. 4, 1909, ch.

321, Sec. 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, Sec. 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.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-132, Sec. 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, Sec. 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).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 604(d) of Pub. L. 104-294 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).''

-EXEC-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3013, 3551 of this title.

-CITE-

18 USC Sec. 14 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

(Sec. 14. Repealed. Pub. L. 107-273, div. B, title IV, Sec.

4004(a), Nov. 2, 2002, 116 Stat. 1812)

-MISC1-

Section, act June 25, 1948, ch. 645, 62 Stat. 686; Aug. 5, 1953,

ch. 325, 67 Stat. 366; Pub. L. 87-845, Sec. 3(a), Oct. 18, 1962,

76A Stat. 698; Pub. L. 90-357, Sec. 59, June 22, 1968, 82 Stat.

248; Pub. L. 101-647, title XXXV, Sec. 3519(c), Nov. 29, 1990, 104

Stat. 4923; Pub. L. 103-322, title XXXIII, Sec. 330010(9), Sept.

13, 1994, 108 Stat. 2143, listed Title 18 sections applicable to

and within Canal Zone.

-CITE-

18 USC Sec. 15 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 15. Obligation or other security of foreign government defined

-STATUTE-

The term ''obligation or other security of any foreign

government'' includes, but is not limited to, uncanceled stamps,

whether or not demonetized.

-SOURCE-

(Added Pub. L. 85-921, Sec. 3, Sept. 2, 1958, 72 Stat. 1771.)

-CITE-

18 USC Sec. 16 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 16. Crime of violence defined

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1001(a), Oct. 12, 1984, 98

Stat. 2136.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 931, 1956, 3181, 3663A of

this title; title 2 sections 1961, 1967; title 8 sections 1101,

1227; title 20 sections 1232g, 6736; title 21 section 841; title 22

sections 2728, 4304b; title 42 sections 1437f, 3796ll-3, 13981,

14135a, 14503.

-CITE-

18 USC Sec. 17 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 17. Insanity defense

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 402(a), Oct. 12, 1984, 98

Stat. 2057, Sec. 20; renumbered Sec. 17, Pub. L. 99-646, Sec.

34(a), Nov. 10, 1986, 100 Stat. 3599.)

-CITE-

18 USC Sec. 18 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 18. Organization defined

-STATUTE-

As used in this title, the term ''organization'' means a person

other than an individual.

-SOURCE-

(Added Pub. L. 99-646, Sec. 38(a), Nov. 10, 1986, 100 Stat. 3599;

amended Pub. L. 100-185, Sec. 4(c), Dec. 11, 1987, 101 Stat. 1279;

Pub. L. 100-690, title VII, Sec. 7012, Nov. 18, 1988, 102 Stat.

4395.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-690 made technical correction of directory

language of Pub. L. 99-646, Sec. 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, Sec. 38(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 976.

-CITE-

18 USC Sec. 19 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 19. Petty offense defined

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 100-185, Sec. 4(a), Dec. 11, 1987, 101 Stat. 1279;

amended Pub. L. 100-690, title VII, Sec. 7089(a), Nov. 18, 1988,

102 Stat. 4409.)

-MISC1-

AMENDMENTS

1988 - 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''.

-CITE-

18 USC Sec. 20 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 20. Financial institution defined

-STATUTE-

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)

(FOOTNOTE 1) of the Federal Reserve Act; or

(FOOTNOTE 1) See References in Text note below.

(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).

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1107(a), Oct. 12, 1984, 98

Stat. 2145, Sec. 215(b); amended Pub. L. 99-370, Sec. 2, Aug. 4,

1986, 100 Stat. 779; renumbered Sec. 20 and amended Pub. L. 101-73,

title IX, Sec. 962(e)(1), (2), Aug. 9, 1989, 103 Stat. 503; Pub. L.

101-647, title XXV, Sec. 2597(a), Nov. 29, 1990, 104 Stat. 4908.)

-REFTEXT-

REFERENCES IN TEXT

Section 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.

Section 25 of the Federal Reserve Act, referred to in par. (8),

is classified to subchapter I (Sec. 601 et seq.) of chapter 6 of

Title 12. Section 25(a) of the Federal Reserve Act, which is

classified to subchapter II (Sec. 611 et seq.) of chapter 6 of

Title 12, was renumbered section 25A of that act by Pub. L.

102-242, title I, Sec. 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.

-MISC2-

PRIOR PROVISIONS

A prior section 20 was renumbered section 17 of this title.

AMENDMENTS

1990 - Pars. (7) to (9). Pub. L. 101-647 added pars. (7) to (9).

1989 - Pub. L. 101-73, Sec. 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, Sec. 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, Sec. 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, Sec. 962(e)(2)(H), redesignated par.

(4) as (3). Former par. (3) redesignated (2).

Par. (4). Pub. L. 101-73, Sec. 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, Sec. 962(e)(2)(H), redesignated par.

(6) as (5). Former par. (5) redesignated (4).

Pars. (6), (7). Pub. L. 101-73, Sec. 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, Sec. 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 Sec. 215(b))

generally expanding provisions formerly contained in subsec. (c)

(former Sec. 215(c)) defining ''financial institution''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 656, 984, 1005 of this

title; title 12 sections 1785, 1829.

-CITE-

18 USC Sec. 21 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 21. Stolen or counterfeit nature of property for certain

crimes defined

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-322, title XXXII, Sec. 320910(a), Sept. 13,

1994, 108 Stat. 2127.)

-CITE-

18 USC Sec. 23 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 23. (FOOTNOTE 1) Court of the United States defined

-STATUTE-

(FOOTNOTE 1) So in original. No section 22 has been enacted.

As used in this title, except where otherwise expressly provided

(FOOTNOTE 2) 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.

(FOOTNOTE 2) So in original. Probably should be followed by a

comma.

-SOURCE-

(Added Pub. L. 103-322, title XXXII, Sec. 320914(a), Sept. 13,

1994, 108 Stat. 2128.)

-CITE-

18 USC Sec. 24 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 24. Definitions relating to Federal health care offense

-STATUTE-

(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;

(2) section 287, 371, 664, 666, 1001, 1027, 1341, 1343, or 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.

-SOURCE-

(Added Pub. L. 104-191, title II, Sec. 241(a), Aug. 21, 1996, 110

Stat. 2016.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669, 1035 of this title;

title 42 section 1395i.

-CITE-