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18 USC CHAPTER 50A - GENOCIDE 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 50A - GENOCIDE

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CHAPTER 50A - GENOCIDE

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Sec.

1091. Genocide.

1092. Exclusive remedies.

1093. Definitions.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 22 sections 2151n, 2304.

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18 USC Sec. 1091 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 50A - GENOCIDE

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Sec. 1091. Genocide

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(a) Basic Offense. - Whoever, whether in time of peace or in time

of war, in a circumstance described in subsection (d) and with the

specific intent to destroy, in whole or in substantial part, a

national, ethnic, racial, or religious group as such -

(1) kills members of that group;

(2) causes serious bodily injury to members of that group;

(3) causes the permanent impairment of the mental faculties of

members of the group through drugs, torture, or similar

techniques;

(4) subjects the group to conditions of life that are intended

to cause the physical destruction of the group in whole or in

part;

(5) imposes measures intended to prevent births within the

group; or

(6) transfers by force children of the group to another group;

or attempts to do so, shall be punished as provided in subsection

(b).

(b) Punishment for Basic Offense. - The punishment for an offense

under subsection (a) is -

(1) in the case of an offense under subsection (a)(1), where

death results, by death or imprisonment for life and a fine of

not more than $1,000,000, or both; and

(2) a fine of not more than $1,000,000 or imprisonment for not

more than twenty years, or both, in any other case.

(c) Incitement Offense. - Whoever in a circumstance described in

subsection (d) directly and publicly incites another to violate

subsection (a) shall be fined not more than $500,000 or imprisoned

not more than five years, or both.

(d) Required Circumstance for Offenses. - The circumstance

referred to in subsections (a) and (c) is that -

(1) the offense is committed within the United States; or

(2) the alleged offender is a national of the United States (as

defined in section 101 of the Immigration and Nationality Act (8

U.S.C. 1101)).

(e) Nonapplicability of Certain Limitations. - Notwithstanding

section 3282 of this title, in the case of an offense under

subsection (a)(1), an indictment may be found, or information

instituted, at any time without limitation.

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(Added Pub. L. 100-606, Sec. 2(a), Nov. 4, 1988, 102 Stat. 3045;

amended Pub. L. 103-322, title VI, Sec. 60003(a)(13), Sept. 13,

1994, 108 Stat. 1970; Pub. L. 107-273, div. B, title IV, Sec.

4002(a)(4), (b)(7), Nov. 2, 2002, 116 Stat. 1806, 1808.)

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AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-273, Sec. 4002(b)(7),

substituted ''subsection (a)(1),'' for ''subsection (a)(1),,''.

Pub. L. 107-273, Sec. 4002(a)(4), made technical correction to

directory language of Pub. L. 103-322. See 1994 Amendment note

below.

1994 - Subsec. (b)(1). Pub. L. 103-322, as amended by Pub. L.

107-273, Sec. 4002(a)(4), substituted '', where death results, by

death or imprisonment for life and a fine of not more than

$1,000,000, or both;'' for ''a fine of not more than $1,000,000 and

imprisonment for life,''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(4), Nov. 2,

2002, 116 Stat. 1806, provided that the amendment made by section

4002(a)(4) is effective Sept. 13, 1994.

SHORT TITLE

Section 1 of Pub. L. 100-606 provided that: ''This Act (enacting

this chapter) may be cited as the 'Genocide Convention

Implementation Act of 1987 (the Proxmire Act)'.''

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18 USC Sec. 1092 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 50A - GENOCIDE

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Sec. 1092. Exclusive remedies

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Nothing in this chapter shall be construed as precluding the

application of State or local laws to the conduct proscribed by

this chapter, nor shall anything in this chapter be construed as

creating any substantive or procedural right enforceable by law by

any party in any proceeding.

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(Added Pub. L. 100-606, Sec. 2(a), Nov. 4, 1988, 102 Stat. 3046.)

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18 USC Sec. 1093 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 50A - GENOCIDE

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Sec. 1093. Definitions

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As used in this chapter -

(1) the term ''children'' means the plural and means

individuals who have not attained the age of eighteen years;

(2) the term ''ethnic group'' means a set of individuals whose

identity as such is distinctive in terms of common cultural

traditions or heritage;

(3) the term ''incites'' means urges another to engage

imminently in conduct in circumstances under which there is a

substantial likelihood of imminently causing such conduct;

(4) the term ''members'' means the plural;

(5) the term ''national group'' means a set of individuals

whose identity as such is distinctive in terms of nationality or

national origins;

(6) the term ''racial group'' means a set of individuals whose

identity as such is distinctive in terms of physical

characteristics or biological descent;

(7) the term ''religious group'' means a set of individuals

whose identity as such is distinctive in terms of common

religious creed, beliefs, doctrines, practices, or rituals; and

(8) the term ''substantial part'' means a part of a group of

such numerical significance that the destruction or loss of that

part would cause the destruction of the group as a viable entity

within the nation of which such group is a part.

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(Added Pub. L. 100-606, Sec. 2(a), Nov. 4, 1988, 102 Stat. 3046.)

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