-CITE-

18 USC CHAPTER 213 - LIMITATIONS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

.

-HEAD-

CHAPTER 213 - LIMITATIONS

-MISC1-

Sec.

3281. Capital offenses.

3282. Offenses not capital.

3283. Child abuse offenses.

3284. Concealment of bankrupt's assets.

3285. Criminal contempt.

3286. Extension of statute of limitation for certain terrorism

offenses.

3287. Wartime suspension of limitations.

3288. Indictments and information dismissed after period of

limitations.

3289. Indictments and information dismissed before period of

limitations.

3290. Fugitives from justice.

3291. Nationality, citizenship and passports.

3292. Suspension of limitations to permit United States to obtain

foreign evidence.

3293. Financial institution offenses.

3294. Theft of major artwork.

3295. Arson offenses.

3296. Counts dismissed pursuant to a plea agreement.

AMENDMENTS

2002 - Pub. L. 107-273, div. B, title III, Sec. 3003(b), Nov. 2,

2002, 116 Stat. 1805, added item 3296.

1996 - Pub. L. 104-132, title VII, Sec. 708(c)(2), Apr. 24, 1996,

110 Stat. 1297, added item 3295.

1994 - Pub. L. 103-322, title XII, Sec. 120001(c), title XXXII,

Sec. 320902(d)(2), title XXXIII, Sec. 330018(c), Sept. 13, 1994,

108 Stat. 2021, 2124, 2149, substituted ''Child abuse offenses''

for ''Customs and slave trade violations'' in item 3283 and added

items 3286 and 3294.

1990 - Pub. L. 101-647, title XII, Sec. 1207(b), Nov. 29, 1990,

104 Stat. 4832, struck out item 3286 ''Seduction on vessel of

United States''.

1989 - Pub. L. 101-73, title IX, Sec. 961(l)(2), Aug. 9, 1989,

103 Stat. 501, added item 3293.

1988 - Pub. L. 100-690, title VII, Sec. 7081(c), Nov. 18, 1988,

102 Stat. 4407, substituted ''Indictments and information dismissed

after period of limitations'' for ''Reindictment where defect found

after period of limitations'' in item 3288 and ''Indictments and

information dismissed before period of limitations'' for

''Reindictment where defect found before period of limitations'' in

item 3289.

1984 - Pub. L. 98-473, title II, Sec. 1218(b), Oct. 12, 1984, 98

Stat. 2167, added item 3292.

1951 - Act June 30, 1951, ch. 194, Sec. 2, 65 Stat. 107, added

item 3291.

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18 USC Sec. 3281 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3281. Capital offenses

-STATUTE-

An indictment for any offense punishable by death may be found at

any time without limitation.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 827; Pub. L. 103-322, title

XXXIII, Sec. 330004(16), Sept. 13, 1994, 108 Stat. 2142.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 581a, 581b (Aug. 4,

1939, ch. 419, Sec. 1, 2, 53 Stat. 1198).

Sections 581a and 581b of title 18, U.S.C., 1940 ed., were

consolidated into this section without change of substance.

AMENDMENTS

1994 - Pub. L. 103-322 struck out before period at end ''except

for offenses barred by the provisions of law existing on August 4,

1939''.

-CITE-

18 USC Sec. 3282 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3282. Offenses not capital

-STATUTE-

Except as otherwise expressly provided by law, no person shall be

prosecuted, tried, or punished for any offense, not capital, unless

the indictment is found or the information is instituted within

five years next after such offense shall have been committed.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 828; Sept. 1, 1954, ch. 1214,

Sec. 12(a), formerly Sec. 10(a), 68 Stat. 1145; renumbered Pub. L.

87-299, Sec. 1, Sept. 26, 1961, 75 Stat. 648.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 746(g) of title 8, U.S.C., 1940 ed., Aliens and

Nationality, and on title 18, U.S.C., 1940 ed., Sec. 582 (R.S. Sec.

1044; Apr. 13, 1876, ch. 56, 19 Stat. 32; Nov. 17, 1921, ch. 124,

Sec. 1, 42 Stat. 220; Dec. 27, 1927, ch. 6, 45 Stat. 51; Oct. 14,

1940, ch. 876, title I, subchap. III, Sec. 346(g), 54 Stat. 1167).

Section 582 of title 18, U.S.C., 1940 ed., and section 746(g) of

title 8, U.S.C., 1940 ed., Aliens and Nationality, were

consolidated. ''Except as otherwise expressly provided by law'' was

inserted to avoid enumeration of exceptive provisions.

The proviso contained in the act of 1927 ''That nothing herein

contained shall apply to any offense for which an indictment has

been heretofore found or an information instituted, or to any

proceedings under any such indictment or information,'' was omitted

as no longer necessary.

In the consolidation of these sections the 5-year period of

limitation for violations of the Nationality Code, provided for in

said section 746(g) of title 8, U.S.C., 1940 ed., Aliens and

Nationality, is reduced to 3 years. There seemed no sound basis

for considering 3 years adequate in the case of heinous felonies

and gross frauds against the United States but inadequate for

misuse of a passport or false statement to a naturalization

examiner.

AMENDMENTS

1954 - Act Sept. 1, 1954, changed the limitation period from

three years to five years.

EFFECTIVE DATE OF 1954 AMENDMENT

Section 12(b) of act Sept. 1, 1954, formerly section 10(b), as

renumbered by Pub. L. 87-299, Sec. 1, provided that: ''The

amendment made by subsection (a) (amending this section) shall be

effective with respect to offenses (1) committed on or after

September 1, 1954, or (2) committed prior to such date, if on such

date prosecution therefor is not barred by provisions of law in

effect prior to such date.''

FUGITIVES FROM JUSTICE

Statutes of limitations as not extending to persons fleeing from

justice, see section 3290 of this title.

OFFENSES AGAINST INTERNAL SECURITY

Limitation period in connection with offenses against internal

security, see section 783 of Title 50, War and National Defense.

SECTIONS 792, 793, AND 794 OF THIS TITLE; LIMITATION PERIOD

Limitation period in connection with sections 792, 793, and 794

of this title, see note set out under section 792.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1091, 3286 of this title.

-CITE-

18 USC Sec. 3283 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3283. Child abuse offenses

-STATUTE-

No statute of limitations that would otherwise preclude

prosecution for an offense involving the sexual or physical abuse

of a child under the age of 18 years shall preclude such

prosecution before the child reaches the age of 25 years.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 103-322, title

XXXIII, Sec. 330018(a), Sept. 13, 1994, 108 Stat. 2149.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 584 (R.S. Sec. 1046;

July 5, 1884, ch. 225, Sec. 2, 23 Stat. 122).

Words ''customs laws'' were substituted for ''revenue laws,''

since different limitations are provided for internal revenue

violations by section 3748 of title 26, U.S.C., 1940 ed., Internal

Revenue Code.

This section was held to apply to offenses under the customs

laws. Those offenses are within the term ''revenue laws'' but not

within the term ''internal revenue laws''. United States v.

Hirsch (1879, 100 U.S. 33, 25 L. Ed. 539), United States v. Shorey

(1869, Fed. Cas. No. 16,282), and United States v. Platt (1840,

Fed. Cas. No. 16,054a) applied this section in customs cases.

Hence it appears that there was no proper basis for the complete

elimination from section 584 of title 18, U.S.C., 1940 ed., of the

reference to revenue laws.

Meaning of ''revenue laws''. United States v. Norton (1876, 91

U.S. 566, 23 L.Ed. 454), quoting Webster that ''revenue'' refers to

''The income of a nation, derived from its taxes, duties, or other

sources, for the payment of the national expenses.'' Quoting United

States v. Mayo (1813, Fed. Cas. No. 15,755) that ''revenue laws''

meant such laws ''as are made for the direct and avowed purpose of

creating revenue or public funds for the service of the

Government.''

Definition of revenue. ''Revenue'' is the income of a State, and

the revenue of the Post Office Department, being raised by a tax on

mailable matter conveyed in the mail, and which is disbursed in the

public service, is as much a part of the income of the government

as moneys collected for duties on imports (United States v.

Bromley, 53 U.S. 88, 99, 13 L. Ed. 905).

''Revenue'' is the product or fruit of taxation. It matters not

in what form the power of taxation may be exercised or to what

subjects it may be applied, its exercise is intended to provide

means for the support of the Government, and the means provided are

necessarily to be regarded as the internal revenue. Duties upon

imports are imposed for the same general object and, because they

are so imposed, the money thus produced is considered revenue, not

because it is derived from any particular source (United States v.

Wright, 1870, Fed. Cas. No. 16,770).

''Revenue law'' is defined as a law for direct object of imposing

and collecting taxes, dues, imports, and excises for government and

its purposes (In re Mendenhall, D.C. Mont. 1935, 10 F. Supp. 122).

Act Cong. March 2, 1799, ch. 22, 1 Stat. 627, regulating the

collection of duties on imports, is a revenue law, within the

meaning of act Cong. April 18, 1818, ch. 70, 3 Stat. 433, providing

for the mode of suing for and recovering penalties and forfeitures

for violations of the revenue laws of the United States (The

Abigail, 1824, Fed. Cas. No. 18).

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''Child abuse offenses'' for

''Customs and slave trade violations'' as section catchline and

amended text generally. Prior to amendment, text read as follows:

''No person shall be prosecuted, tried or punished for any

violation of the customs laws or the slave trade laws of the United

States unless the indictment is found or the information is

instituted within five years next after the commission of the

offense.''

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18 USC Sec. 3284 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3284. Concealment of bankrupt's assets

-STATUTE-

The concealment of assets of a debtor in a case under title 11

shall be deemed to be a continuing offense until the debtor shall

have been finally discharged or a discharge denied, and the period

of limitations shall not begin to run until such final discharge or

denial of discharge.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 95-598, title III,

Sec. 314(k), Nov. 6, 1978, 92 Stat. 2678.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 52(d) of title 11, U.S.C., 1940 ed., Bankruptcy

(May 27, 1926, ch. 406, Sec. 11d, 44 Stat. 665; June 22, 1938, ch.

575, Sec. 1, 52 Stat. 856).

The 3-year-limitation provision was omitted as unnecessary in

view of the general statute, section 3282 of this title.

The words ''or a discharge denied'' and ''or denial of

discharge'' were added on the recommendation of the Department of

Justice to supply an omission in existing law.

Other subsections of said section 52 of title 11, U.S.C., 1940

ed., are incorporated in sections 151-154 and 3057 of this title.

Other minor changes of phraseology were made.

AMENDMENTS

1978 - Pub. L. 95-598 substituted ''debtor in a case under title

11'' for ''bankrupt or other debtor''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the

application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961

et seq.), or section 2516, 3057, or 3284 of this title to any act

of any person (1) committed before Oct. 1, 1979, or (2) committed

after Oct. 1, 1979, in connection with a case commenced before such

date, see section 403(d) of Pub. L. 95-598, set out as a note

preceding section 101 of Title 11, Bankruptcy.

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18 USC Sec. 3285 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3285. Criminal contempt

-STATUTE-

No proceeding for criminal contempt within section 402 of this

title shall be instituted against any person, corporation or

association unless begun within one year from the date of the act

complained of; nor shall any such proceeding be a bar to any

criminal prosecution for the same act.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 828.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 390 of title 28, U.S.C., 1940 ed., Judicial Code

and Judiciary (Oct. 15, 1914, ch. 323, Sec. 25, 38 Stat. 740).

Word ''criminal'' was inserted before ''contempt'' in first

line. Words ''within section 402 of this title'' were inserted

after ''contempt''.

The correct meaning and narrow application of title 28, U.S.C.,

1940 ed., Sec. 390, are preserved, as section 389 of that title is

incorporated in sections 402 and 3691 of this title.

Words ''corporation or association'' were inserted after

''person'', thus embodying applicable definition of section 390a of

title 28, U.S.C., 1940 ed. (See reviser's note under section 402 of

this title.)

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18 USC Sec. 3286 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3286. Extension of statute of limitation for certain terrorism

offenses

-STATUTE-

(a) Eight-Year Limitation. - Notwithstanding section 3282, no

person shall be prosecuted, tried, or punished for any noncapital

offense involving a violation of any provision listed in section

2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or

1751(e) of this title, or section 46504, 46505, or 46506 of title

49, unless the indictment is found or the information is instituted

within 8 years after the offense was committed. Notwithstanding

the preceding sentence, offenses listed in section 3295 are subject

to the statute of limitations set forth in that section.

(b) No Limitation. - Notwithstanding any other law, an indictment

may be found or an information instituted at any time without

limitation for any offense listed in section 2332b(g)(5)(B), if the

commission of such offense resulted in, or created a forseeable

risk of, death or serious bodily injury to another person.

-SOURCE-

(Added Pub. L. 103-322, title XII, Sec. 120001(a), Sept. 13, 1994,

108 Stat. 2021; amended Pub. L. 104-132, title VII, Sec. 702(c),

Apr. 24, 1996, 110 Stat. 1294; Pub. L. 104-294, title VI, Sec.

601(b)(1), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-56, title

VIII, Sec. 809(a), Oct. 26, 2001, 115 Stat. 379; Pub. L. 107-273,

div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808.)

-MISC1-

PRIOR PROVISIONS

A prior section 3286, act June 25, 1948, ch. 645, 62 Stat. 828,

related to seduction on vessel of United States, prior to repeal by

Pub. L. 101-647, title XII, Sec. 1207(b), Nov. 29, 1990, 104 Stat.

4832.

AMENDMENTS

2002 - Pub. L. 107-273 repealed Pub. L. 104-294, Sec. 601(b)(1).

See 1996 Amendment note below.

2001 - Pub. L. 107-56 reenacted section catchline without change

and amended text generally. Text read as follows:

''Notwithstanding section 3282, no person shall be prosecuted,

tried, or punished for any non-capital offense involving a

violation of section 32 (aircraft destruction), section 37 (airport

violence), section 112 (assaults upon diplomats), section 351

(crimes against Congressmen or Cabinet officers), section 1116

(crimes against diplomats), section 1203 (hostage taking), section

1361 (willful injury to government property), section 1751 (crimes

against the President), section 2280 (maritime violence), section

2281 (maritime platform violence), section 2332 (terrorist acts

abroad against United States nationals), section 2332a (use of

weapons of mass destruction), 2332b (acts of terrorism transcending

national boundaries), or section 2340A (torture) of this title or

section 46502, 46504, 46505, or 46506 of title 49, unless the

indictment is found or the information is instituted within 8 years

after the offense was committed.''

1996 - Pub. L. 104-132, Sec. 702(c)(2)-(4), substituted ''2332''

for ''2331'', ''2332a'' for ''2339'', and ''37'' for ''36''. Pub.

L. 104-294, Sec. 601(b)(1), which amended section identically, was

repealed by Pub. L. 107-273.

Pub. L. 104-132, Sec. 702(c)(1), (5), inserted ''2332b (acts of

terrorism transcending national boundaries),'' after ''(use of

weapons of mass destruction),'', and substituted ''any non-capital

offense'' for ''any offense''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,

2002, 116 Stat. 1808, provided that the amendment made by section

4002(c)(1) is effective Oct. 11, 1996.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-56, title VIII, Sec. 809(b), Oct. 26, 2001, 115 Stat.

380, provided that: ''The amendments made by this section (amending

this section) shall apply to the prosecution of any offense

committed before, on, or after the date of the enactment of this

section (Oct. 26, 2001).''

EFFECTIVE DATE

Section 120001(b) of Pub. L. 103-322 provided that: ''The

amendment made by subsection (a) (enacting this section) shall not

apply to any offense committed more than 5 years prior to the date

of enactment of this Act (Sept. 13, 1994).''

-CITE-

18 USC Sec. 3287 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3287. Wartime suspension of limitations

-STATUTE-

When the United States is at war the running of any statute of

limitations applicable to any offense (1) involving fraud or

attempted fraud against the United States or any agency thereof in

any manner, whether by conspiracy or not, or (2) committed in

connection with the acquisition, care, handling, custody, control

or disposition of any real or personal property of the United

States, or (3) committed in connection with the negotiation,

procurement, award, performance, payment for, interim financing,

cancelation, or other termination or settlement, of any contract,

subcontract, or purchase order which is connected with or related

to the prosecution of the war, or with any disposition of

termination inventory by any war contractor or Government agency,

shall be suspended until three years after the termination of

hostilities as proclaimed by the President or by a concurrent

resolution of Congress.

Definitions of terms in section 103 of title 41 shall apply to

similar terms used in this section.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 828.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 590a (Aug. 24, 1942,

ch. 555, Sec. 1, 56 Stat. 747; July 1, 1944, ch. 358, Sec. 19(b),

58 Stat. 667; Oct. 3, 1944, ch. 479, Sec. 28, 58 Stat. 781).

The phrase ''when the United States is at war'' was inserted at

the beginning of this section to make it permanent instead of

temporary legislation, and to obviate the necessity of reenacting

such legislation in the future. This permitted the elimination of

references to dates and to the provision limiting the application

of the section to transactions not yet fully barred. When the

provisions of the War Contract Settlements Act of 1944, upon which

this section is based, are considered in connection with said

section 590a which it amends, it is obvious that no purpose can be

served now by the provisions omitted.

Phrase (2), reading ''or committed in connection with the

acquisition, care, handling, custody, control or disposition of any

real or personal property of the United States'' was derived from

section 28 of the Surplus Property Act of 1944 which amended said

section 590a of title 18, U.S.C., 1940 ed. This act is temporary

by its terms and relates only to offenses committed in the

disposition of surplus property thereunder.

The revised section extends its provisions to all offenses

involving the disposition of any property, real or personal, of the

United States. This extension is more apparent than real since

phrase (2), added as the result of said Act, was merely a more

specific statement of offenses embraced in phrase (1) of this

section.

The revised section is written in general terms as permanent

legislation applicable whenever the United States is at war. (See,

also, reviser's note under section 284 of this title.)

The last paragraph was added to obviate any possibility of doubt

as to meaning of terms defined in section 103 of title 41, U.S.C.,

1940 ed., Public Contracts.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 6533.

-CITE-

18 USC Sec. 3288 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3288. Indictments and information dismissed after period of

limitations

-STATUTE-

Whenever an indictment or information charging a felony is

dismissed for any reason after the period prescribed by the

applicable statute of limitations has expired, a new indictment may

be returned in the appropriate jurisdiction within six calendar

months of the date of the dismissal of the indictment or

information, or, in the event of an appeal, within 60 days of the

date the dismissal of the indictment or information becomes final,

or, if no regular grand jury is in session in the appropriate

jurisdiction when the indictment or information is dismissed,

within six calendar months of the date when the next regular grand

jury is convened, which new indictment shall not be barred by any

statute of limitations. This section does not permit the filing of

a new indictment or information where the reason for the dismissal

was the failure to file the indictment or information within the

period prescribed by the applicable statute of limitations, or some

other reason that would bar a new prosecution.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 88-139, Sec. 2, Oct.

16, 1963, 77 Stat. 248; Pub. L. 88-520, Sec. 1, Aug. 30, 1964, 78

Stat. 699; Pub. L. 100-690, title VII, Sec. 7081(a), Nov. 18, 1988,

102 Stat. 4407.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 556a, 587, 589 (Apr.

30, 1934, ch. 170, Sec. 1, 48 Stat. 648; May 10, 1934, ch. 278,

Sec. 1, 3, 48 Stat. 772; July 10, 1940, ch. 567, 54 Stat. 747).

This section is a consolidation of sections 556a, 587, and 589 of

title 18, U.S.C., 1940 ed., without change of substance. (See

reviser's note under section 3289 of this title.)

AMENDMENTS

1988 - Pub. L. 100-690, in section catchline, substituted

''Indictments and information dismissed after period of

limitations'' for ''Indictment where defect found after period of

limitations'', and in text, substituted ''Whenever an indictment or

information charging a felony is dismissed for any reason'' for

''Whenever an indictment is dismissed for any error, defect, or

irregularity with respect to the grand jury, or an indictment or

information filed after the defendant waives in open court

prosecution by indictment is found otherwise defective or

insufficient for any cause,'', inserted '', or, in the event of an

appeal, within 60 days of the date the dismissal of the indictment

or information becomes final'' after ''dismissal of the indictment

or information'', and inserted provisions which prohibited filing

of new indictment or information where reason for dismissal was

failure to file within period prescribed or some other reason that

would bar a new prosecution.

1964 - Pub. L. 88-520 substituted ''Indictment'' for

''Reindictment'' in section catchline, included indictments or

informations filed after the defendant waives in open court

prosecution by indictment which are dismissed for any error,

defect, or irregularity, or are otherwise found defective or

insufficient, and substituted provisions authorizing the return of

a new indictment in the appropriate jurisdiction within six

calendar months of the date of the dismissal of the indictment or

information, or, if no regular grand jury is in session when the

indictment or information is dismissed, within six calendar months

of the date when the next grand jury is convened, for provisions

which authorized the return of a new indictment not later than the

end of the next succeeding regular session of the court, following

the session at which the indictment was found defective or

insufficient, during which a grand jury shall be in session.

1963 - Pub. L. 88-139 substituted ''session'' for ''term''

wherever appearing.

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18 USC Sec. 3289 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3289. Indictments and information dismissed before period of

limitations

-STATUTE-

Whenever an indictment or information charging a felony is

dismissed for any reason before the period prescribed by the

applicable statute of limitations has expired, and such period will

expire within six calendar months of the date of the dismissal of

the indictment or information, a new indictment may be returned in

the appropriate jurisdiction within six calendar months of the

expiration of the applicable statute of limitations, or, in the

event of an appeal, within 60 days of the date the dismissal of the

indictment or information becomes final, or, if no regular grand

jury is in session in the appropriate jurisdiction at the

expiration of the applicable statute of limitations, within six

calendar months of the date when the next regular grand jury is

convened, which new indictment shall not be barred by any statute

of limitations. This section does not permit the filing of a new

indictment or information where the reason for the dismissal was

the failure to file the indictment or information within the period

prescribed by the applicable statute of limitations, or some other

reason that would bar a new prosecution.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 829; Pub. L. 88-139, Sec. 2, Oct.

16, 1963, 77 Stat. 248; Pub. L. 88-520, Sec. 2, Aug. 30, 1964, 78

Stat. 699; Pub. L. 100-690, title VII, Sec. 7081(b), Nov. 18, 1988,

102 Stat. 4407; Pub. L. 101-647, title XII, Sec. 1213, title XXV,

Sec. 2595(b), title XXXV, Sec. 3580, Nov. 29, 1990, 104 Stat. 4833,

4907, 4929; Pub. L. 103-322, title XXXIII, Sec. 330011(q)(2), Sept.

13, 1994, 108 Stat. 2145.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 556a, 588, 589 (Apr.

30, 1934, ch. 170, Sec. 1, 48 Stat. 648; May 10, 1934, ch. 278,

Sec. 2, 3, 48 Stat. 772).

Consolidation of sections 556a, 588, and 589 of title 18, U.S.C.,

1940 ed., without change of substance. The provisions of said

section 556a, with reference to time of filing motion, were omitted

and numerous changes of phraseology were necessary to effect

consolidation, particularly in view of rules 6(b) and 12(b)(2),

(3), (5) of the Federal Rules of Criminal Procedure.

Words ''regular or special'' were omitted and ''regular''

inserted after ''succeeding'' to harmonize with section 3288 of

this title.

AMENDMENTS

1994 - Pub. L. 103-322, Sec. 330011(q)(2), repealed amendment by

Pub. L. 101-647, Sec. 1213. See 1990 Amendment note below.

1990 - Pub. L. 101-647, Sec. 3580, inserted a comma after

''information'' the second place it appeared.

Pub. L. 101-647, Sec. 2595(b), struck out ''or, in the event of

an appeal, within 60 days of the date the dismissal of the

indictment or information becomes final,'' after ''the date of the

dismissal of the indictment or information'' and inserted such

language after ''within six calendar months of the expiration of

the applicable statute of limitations,''.

Pub. L. 101-647, Sec. 1213, which directed the striking of ''or,

in the event of an appeal, within 60 days of the date the dismissal

of the indictment or information becomes final,'' and the insertion

of such language after ''within six months of the expiration of the

statute of limitations,'', was repealed by Pub. L. 103-322, Sec.

330011(q)(2). See above.

1988 - Pub. L. 100-690 in section catchline substituted

''Indictments and information dismissed after period of

limitations'' for ''Indictment where defect found before period of

limitations'', and in text, substituted ''Whenever an indictment or

information charging a felony is dismissed for any reason'' for

''Whenever an indictment is dismissed for any error, defect, or

irregularity with respect to the grand jury, or an indictment or

information filed after the defendant waives in open court

prosecution by indictment is found otherwise defective or

insufficient for any cause,'', inserted ''or, in the event of an

appeal, within 60 days of the date the dismissal of the indictment

or information becomes final'' after ''dismissal of the indictment

or information'', and inserted provisions which prohibited filing

of new indictment or information where reason for dismissal was

failure to file within period prescribed or some other reason that

would bar a new prosecution.

1964 - Pub. L. 88-520 substituted ''Indictment'' for

''Reindictment'' in section catchline, included indictments or

informations filed after the defendant waives in open court

prosecution by indictment which are dismissed for any error,

defect, or irregularity, or are otherwise found defective or

insufficient, and substituted provisions authorizing, where the

period of the statute of limitations will expire within six

calendar months of the date of the dismissal, the return of a new

indictment within six calendar months of the expiration of the

applicable statute of limitations, or, if no regular grand jury is

in session at the expiration of the applicable statute of

limitations, within six calendar months of the date when the next

regular grand jury is convened, for provisions which authorized,

where the period of the statute of limitations will expire before

the end of the next regular session of the court to which such

indictment was returned, the return of a new indictment not later

than the end of the next succeeding regular session of the court

following the session at which the indictment was found defective

or insufficient, during which a grand jury shall be in session.

1963 - Pub. L. 88-139 substituted ''session'' for ''term''

wherever appearing.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(q)(2) of Pub. L. 103-322 provided that the

amendment made by that section is effective as of the date on which

section 1213 of Pub. L. 101-647 took effect.

-CITE-

18 USC Sec. 3290 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3290. Fugitives from justice

-STATUTE-

No statute of limitations shall extend to any person fleeing from

justice.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 829.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 18, U.S.C., 1940 ed., Sec. 583 (R.S. Sec. 1045).

Said section 583 was rephrased and made applicable to all

statutes of limitation and is merely declaratory of the generally

accepted rule of law.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 6531.

-CITE-

18 USC Sec. 3291 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3291. Nationality, citizenship and passports

-STATUTE-

No person shall be prosecuted, tried, or punished for violation

of any provision of sections 1423 to 1428, inclusive, of chapter 69

and sections 1541 to 1544, inclusive, of chapter 75 of title 18 of

the United States Code, or for conspiracy to violate any of such

sections, unless the indictment is found or the information is

instituted within ten years after the commission of the offense.

-SOURCE-

(Added June 30, 1951, ch. 194, Sec. 1, 65 Stat. 107; amended Pub.

L. 103-322, title XXXIII, Sec. 330008(9), Sept. 13, 1994, 108 Stat.

2143.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''violate any of such

sections'' for ''violate any of the afore-mentioned sections''.

-CITE-

18 USC Sec. 3292 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3292. Suspension of limitations to permit United States to

obtain foreign evidence

-STATUTE-

(a)(1) Upon application of the United States, filed before return

of an indictment, indicating that evidence of an offense is in a

foreign country, the district court before which a grand jury is

impaneled to investigate the offense shall suspend the running of

the statute of limitations for the offense if the court finds by a

preponderance of the evidence that an official request has been

made for such evidence and that it reasonably appears, or

reasonably appeared at the time the request was made, that such

evidence is, or was, in such foreign country.

(2) The court shall rule upon such application not later than

thirty days after the filing of the application.

(b) Except as provided in subsection (c) of this section, a

period of suspension under this section shall begin on the date on

which the official request is made and end on the date on which the

foreign court or authority takes final action on the request.

(c) The total of all periods of suspension under this section

with respect to an offense -

(1) shall not exceed three years; and

(2) shall not extend a period within which a criminal case must

be initiated for more than six months if all foreign authorities

take final action before such period would expire without regard

to this section.

(d) As used in this section, the term ''official request'' means

a letter rogatory, a request under a treaty or convention, or any

other request for evidence made by a court of the United States or

an authority of the United States having criminal law enforcement

responsibility, to a court or other authority of a foreign country.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1218(a), Oct. 12, 1984, 98

Stat. 2167.)

-MISC1-

EFFECTIVE DATE

Section effective 30 days after Oct. 12, 1984, see section 1220

of Pub. L. 98-473, set out as a note under section 3505 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3161 of this title.

-CITE-

18 USC Sec. 3293 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3293. Financial institution offenses

-STATUTE-

No person shall be prosecuted, tried, or punished for a violation

of, or a conspiracy to violate -

(1) section 215, 656, 657, 1005, 1006, 1007, 1014, 1033, or

1344;

(2) section 1341 or 1343, if the offense affects a financial

institution; or

(3) section 1963, to the extent that the racketeering activity

involves a violation of section 1344;

unless the indictment is returned or the information is filed

within 10 years after the commission of the offense.

-SOURCE-

(Added Pub. L. 101-73, title IX, Sec. 961(l)(1), Aug. 9, 1989, 103

Stat. 501; amended Pub. L. 101-647, title XXV, Sec. 2505(a), Nov.

29, 1990, 104 Stat. 4862; Pub. L. 103-322, title XXXII, Sec.

320604(b), title XXXIII, Sec. 330002(e), Sept. 13, 1994, 108 Stat.

2119, 2140.)

-MISC1-

AMENDMENTS

1994 - Par. (1). Pub. L. 103-322 struck out ''1008,'' after

''1007,'' and inserted ''1033,'' after ''1014,''.

1990 - Par. (3). Pub. L. 101-647 added par. (3).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 2505(b) of Pub. L. 101-647 provided that: ''The

amendments made by subsection (a) (amending this section) shall

apply to any offense committed before the date of the enactment of

this section (Nov. 29, 1990), if the statute of limitations

applicable to that offense had not run as of such date.''

EFFECT OF THIS SECTION ON OFFENSES FOR WHICH PRIOR PERIOD OF

LIMITATIONS HAD NOT RUN

Section 961(l)(3) of Pub. L. 101-73 provided that: ''The

amendments made by this subsection (enacting this section) shall

apply to an offense committed before the effective date of this

section (Aug. 9, 1989), if the statute of limitations applicable to

that offense under this chapter had not run as of such date.''

-CITE-

18 USC Sec. 3294 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3294. Theft of major artwork

-STATUTE-

No person shall be prosecuted, tried, or punished for a violation

of or conspiracy to violate section 668 unless the indictment is

returned or the information is filed within 20 years after the

commission of the offense.

-SOURCE-

(Added Pub. L. 103-322, title XXXII, Sec. 320902(b), Sept. 13,

1994, 108 Stat. 2124.)

-CITE-

18 USC Sec. 3295 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3295. Arson offenses

-STATUTE-

No person shall be prosecuted, tried, or punished for any

non-capital offense under section 81 or subsection (f), (h), or (i)

of section 844 unless the indictment is found or the information is

instituted not later than 10 years after the date on which the

offense was committed.

-SOURCE-

(Added Pub. L. 104-132, title VII, Sec. 708(c)(1), Apr. 24, 1996,

110 Stat. 1297.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3286 of this title.

-CITE-

18 USC Sec. 3296 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 213 - LIMITATIONS

-HEAD-

Sec. 3296. Counts dismissed pursuant to a plea agreement

-STATUTE-

(a) In General. - Notwithstanding any other provision of this

chapter, any counts of an indictment or information that are

dismissed pursuant to a plea agreement shall be reinstated by the

District Court if -

(1) the counts sought to be reinstated were originally filed

within the applicable limitations period;

(2) the counts were dismissed pursuant to a plea agreement

approved by the District Court under which the defendant pled

guilty to other charges;

(3) the guilty plea was subsequently vacated on the motion of

the defendant; and

(4) the United States moves to reinstate the dismissed counts

within 60 days of the date on which the order vacating the plea

becomes final.

(b) Defenses; Objections. - Nothing in this section shall

preclude the District Court from considering any defense or

objection, other than statute of limitations, to the prosecution of

the counts reinstated under subsection (a).

-SOURCE-

(Added Pub. L. 107-273, div. B, title III, Sec. 3003(a), Nov. 2,

2002, 116 Stat. 1805.)

-CITE-