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Criminal Law: US Code, Part I
Nota: Rule significa "Federal Rules for Criminal Procedure".
Estas varian de acuerdo a cada Estado.
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
Part I. Crimes
Part II. Criminal Procedure
Part III. Prisons And Prisoners
Part IV. Correction Of Youthful Offenders
Part V. Immunity Of Witnesses
PART I - CRIMES
Chapter 1. General Provisions
Chapter 2. Aircraft And Motor Vehicles
Chapter 3. Animals, Birds, Fish, And Plants
Chapter 5. Arson
Chapter 7. Assault
Chapter 9. Bankruptcy
Chapter 10. Biological Weapons
Chapter 11. Bribery, Graft, And Conflicts Of Interest
Chapter 11A. Child Support
Chapter 11B. Chemical Weapons
Chapter 12. Civil Disorders
Chapter 13. Civil Rights
Chapter 15. Claims And Services In Matters Affecting Government
Chapter 17. Coins And Currency
Chapter 17A. Common Carrier Operation Under The Influence Of Alcohol Or
Drugs
Chapter 18. Congressional, Cabinet, And Supreme Court Assassination, Kidnapping,
And Assault
Chapter 19. Conspiracy
Chapter 21. Contempts
Chapter 23. Contracts
Chapter 25. Counterfeiting And Forgery
Chapter 26. Criminal Street Gangs
Chapter 27. Customs
Chapter 29. Elections And Political Activities
Chapter 31. Embezzlement And Theft
Chapter 33. Emblems, Insignia, And Names
Chapter 35. Escape And Rescue
Chapter 37. Espionage And Censorship
Chapter 39. Explosives And Other Dangerous Articles
Chapter 40. Importation, Manufacture, Distribution
And Storage Of Explosive Materials
Chapter 41. Extortion And Threats
Chapter 42. Extortionate Credit Transactions
Chapter 43. False Personation
Chapter 44. Firearms
Chapter 45. Foreign Relations
Chapter 46. Forfeiture
Chapter 47. Fraud And False Statements
Chapter 49. Fugitives From Justice
Chapter 50. Gambling
Chapter 50A. Genocide
Chapter 51. Homicide
Chapter 53. Indians
Chapter 55. Kidnapping
Chapter 57. Labor
Chapter 59. Liquor Traffic
Chapter 61. Lotteries
Chapter 63. Mail Fraud
Chapter 65. Malicious Mischief
Chapter 67. Military And Navy
Chapter 68. Repealed
Chapter 69. Nationality And Citizenship
Chapter 71. Obscenity
Chapter 73. Obstruction Of Justice
Chapter 75. Passports And Visas
Chapter 77. Peonage And Slavery
Chapter 79. Perjury
Chapter 81. Piracy And Privateering
Chapter 83. Postal Service
Chapter 84. Presidential And Presidential Staff Assassination, Kidnapping,
And Assault
Chapter 85. Prison-Made Goods
Chapter 87. Prisons
Chapter 89. Professions And Occupations
Chapter 90. Protection Of Trade Secrets
Chapter 91. Public Lands
Chapter 93. Public Officers And Employees
Chapter 95. Racketeering
Chapter 96. Racketeer Influenced And Corrupt Organizations
Chapter 97. Railroads
Chapter 99. Repealed
Chapter 101. Records And Reports
Chapter 102. Riots
Chapter 103. Robbery And Burglary
Chapter 105. Sabotage
Chapter 107. Seamen And Stowaways
Chapter 109. Searches And Seizures
Chapter 109A. Sexual Abuse
Chapter 110. Sexual Exploitation And Other Abuse Of Children
Chapter 110A. Domestic Violence And Stalking
Chapter 111. Shipping
Chapter 113. Stolen Property
Chapter 113A. Telemarketing Fraud
Chapter 113B. Terrorism
Chapter 113C. Torture
Chapter 114. Trafficking In Contraband Cigarettes
Chapter 115. Treason, Sedition, And Subversive Activities
Chapter 117. Transportation For Illegal Sexual Activity And Related Crimes
Chapter 118. War Crimes
Chapter 119. Wire And Electronic Communications Interception And Interception
Of Oral Communications
Chapter 121. Stored Wire And Electronic Communications And Transactional
Records Access
Chapter 123. Prohibition On Release And Use Of Certain Personal Information
From State Motor Vehicle Records
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
Section 1. Repealed. Pub. L. 98-473, Title Ii, Sec. 218(A)(1), Oct. 12,
1984, 98 Stat. 2027
Section 2. Principals
Section 3. Accessory After The Fact
Section 4. Misprision Of Felony
Section 5. United States Defined
Section 6. Department And Agency Defined
Section 7. Special Maritime And Territorial Jurisdiction
Of The United States Defined
Section 8. Obligation Or Other Security Of The
United States Defined
Section 9. Vessel Of The United States Defined
Section 10. Interstate Commerce And Foreign Commerce
Defined
Section 11. Foreign Government Defined
Section 12. United States Postal Service Defined
Section 13. Laws Of States Adopted For Areas Within
Federal Jurisdiction
Section 14. Applicability To Canal Zone; Definition
Section 15. Obligation Or Other Security Of Foreign
Government Defined
Section 16. Crime Of Violence Defined
Section 17. Insanity Defense
Section 18. Organization Defined
Section 19. Petty Offense Defined
Section 20. Financial Institution Defined
Section 21. Stolen Or Counterfeit Nature Of Property For Certain Crimes
Defined
Section 23. (Footnote 1) Court Of The United States Defined
Section 24. Definitions Relating To Federal Health
Care Offense
Chapter Notes
CHAPTER 1 - GENERAL
PROVISIONS
(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.
Section 3. Accessory after the fact
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.
Section 4. Misprision of felony
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.
Section 5. United States defined
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.
Section 6. Department and agency defined
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.
Section 7. Special maritime and territorial
jurisdiction of the United States defined
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.
Section 8. Obligation or other security of the
United States defined
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.
Section 10. Interstate commerce and foreign commerce
defined
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.
Section 11. Foreign government defined
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.
Section 13. Laws of States adopted for areas
within Federal jurisdiction
(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.
Section 15. Obligation or other security of foreign
government defined
The term ''obligation or other security of any foreign
government'' includes, but is not limited to, uncanceled stamps,
whether or not demonetized.
Section 16. Crime of violence defined
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.
Section 17. Insanity defense
(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.
Section 18. Organization defined
As used in this title, the term ''organization'' means a person
other than an individual.
Section 19. Petty offense defined
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.
Section 20. Financial institution defined
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).
Section 21. Stolen or counterfeit nature of
property for certain crimes defined
(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.
Section 23. (FOOTNOTE 1) Court of the United States defined
(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.
Section 24. Definitions relating to Federal health
care offense
(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.
CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES
Section 31. Definitions
Section 32. Destruction Of Aircraft Or Aircraft Facilities
Section 33. Destruction Of Motor Vehicles Or Motor
Vehicle Facilities
Section 34. Penalty When Death Results
Section 35. Imparting Or Conveying False Information
Section 36. Drive-By Shooting
Section 37. Violence At International Airports
Section 38. Fraud Involving Aircraft Or Space Vehicle Parts In Interstate
Or Foreign Commerce
Chapter Notes
Section 31. Definitions
(a) Definitions. - In this chapter, the following definitions
apply:
(1) Aircraft. - The term ''aircraft'' means a civil, military,
or public contrivance invented, used, or designed to navigate,
fly, or travel in the air.
(2) Aviation quality. - The term ''aviation quality'', with
respect to a part of an aircraft or space vehicle, means the
quality of having been manufactured, constructed, produced,
maintained, repaired, overhauled, rebuilt, reconditioned, or
restored in conformity with applicable standards specified by law
(including applicable regulations).
(3) Destructive substance. - The term ''destructive substance''
means an explosive substance, flammable material, infernal
machine, or other chemical, mechanical, or radioactive device or
matter of a combustible, contaminative, corrosive, or explosive
nature.
(4) In flight. - The term ''in flight'' means -
(A) any time from the moment at which all the external doors
of an aircraft are closed following embarkation until the
moment when any such door is opened for disembarkation; and
(B) in the case of a forced landing, until competent
authorities take over the responsibility for the aircraft and
the persons and property on board.
(5) In service. - The term ''in service'' means -
(A) any time from the beginning of preflight preparation of
an aircraft by ground personnel or by the crew for a specific
flight until 24 hours after any landing; and
(B) in any event includes the entire period during which the
aircraft is in flight.
(6) Motor vehicle. - The term ''motor vehicle'' means every
description of carriage or other contrivance propelled or drawn
by mechanical power and used for commercial purposes on the
highways in the transportation of passengers, passengers and
property, or property or cargo.
(7) Part. - The term ''part'' means a frame, assembly,
component, appliance, engine, propeller, material, part, spare
part, piece, section, or related integral or auxiliary equipment.
(8) Space vehicle. - The term ''space vehicle'' means a
man-made device, either manned or unmanned, designed for
operation beyond the Earth's atmosphere.
(9) State. - The term ''State'' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(10) Used for commercial purposes. - The term ''used for
commercial purposes'' means the carriage of persons or property
for any fare, fee, rate, charge or other consideration, or
directly or indirectly in connection with any business, or other
undertaking intended for profit.
(b) Terms Defined in Other Law. - In this chapter, the terms
''aircraft engine'', ''air navigation facility'', ''appliance'',
''civil aircraft'', ''foreign air commerce'', ''interstate air
commerce'', ''landing area'', ''overseas air commerce'',
''propeller'', ''spare part'', and ''special aircraft jurisdiction
of the United States'' have the meanings given those terms in
sections 40102(a) and 46501 of title 49.
Section 33. Destruction of motor vehicles or
motor vehicle facilities
(a) Whoever willfully, with intent to endanger the safety of any
person on board or anyone who he believes will board the same, or
with a reckless disregard for the safety of human life, damages,
disables, destroys, tampers with, or places or causes to be placed
any explosive or other destructive substance in, upon, or in
proximity to, any motor vehicle which is used, operated, or
employed in interstate or foreign commerce, or its cargo or
material used or intended to be used in connection with its
operation; or
Whoever willfully, with like intent, damages, disables, destroys,
sets fire to, tampers with, or places or causes to be placed any
explosive or other destructive substance in, upon, or in proximity
to any garage, terminal, structure, supply, or facility used in the
operation of, or in support of the operation of, motor vehicles
engaged in interstate or foreign commerce or otherwise makes or
causes such property to be made unworkable, unusable, or hazardous
to work or use; or
Whoever, with like intent, willfully disables or incapacitates
any driver or person employed in connection with the operation or
maintenance of the motor vehicle, or in any way lessens the ability
of such person to perform his duties as such; or
Whoever willfully attempts to do any of the aforesaid acts -
shall be fined under this title or imprisoned not more than
twenty years, or both.
(b) Whoever is convicted of a violation of subsection (a)
involving a motor vehicle that, at the time the violation occurred,
carried high-level radioactive waste (as that term is defined in
section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(12))) or spent nuclear fuel (as that term is defined in
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(23))), shall be fined under this title and imprisoned for any
term of years not less than 30, or for life.
Section 34. Penalty when death results
Whoever is convicted of any crime prohibited by this chapter,
which has resulted in the death of any person, shall be subject
also to the death penalty or to imprisonment for life
Section 35. Imparting or conveying false information
(a) Whoever imparts or conveys or causes to be imparted or
conveyed false information, knowing the information to be false,
concerning an attempt or alleged attempt being made or to be made,
to do any act which would be a crime prohibited by this chapter or
chapter 97 or chapter 111 of this title shall be subject to a civil
penalty of not more than $1,000 which shall be recoverable in a
civil action brought in the name of the United States.
(b) Whoever willfully and maliciously, or with reckless disregard
for the safety of human life, imparts or conveys or causes to be
imparted or conveyed false information, knowing the information to
be false, concerning an attempt or alleged attempt being made or to
be made, to do any act which would be a crime prohibited by this
chapter or chapter 97 or chapter 111 of this title - shall be fined
under this title, or imprisoned not more than five years, or both.
Section 36. Drive-by shooting
(a) Definition. - In this section, ''major drug offense'' means -
(1) a continuing criminal enterprise punishable under section
408(c) of the Controlled Substances Act (21 U.S.C. 848(c));
(2) a conspiracy to distribute controlled substances punishable
under section 406 of the Controlled Substances Act (21 U.S.C.
846) section (FOOTNOTE 1) 1013 of the Controlled Substances
Import and Export Act (21 U.S.C. 963); or
(FOOTNOTE 1) So in original. Probably should be preceded by
''or''.
(3) an offense involving major quantities of drugs and
punishable under section 401(b)(1)(A) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of
the Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)).
(b) Offense and Penalties. - (1) A person who, in furtherance or
to escape detection of a major drug offense and with the intent to
intimidate, harass, injure, or maim, fires a weapon into a group of
two or more persons and who, in the course of such conduct, causes
grave risk to any human life shall be punished by a term of no more
than 25 years, by fine under this title, or both.
(2) A person who, in furtherance or to escape detection of a
major drug offense and with the intent to intimidate, harass,
injure, or maim, fires a weapon into a group of 2 or more persons
and who, in the course of such conduct, kills any person shall, if
the killing -
(A) is a first degree murder (as defined in section 1111(a)),
be punished by death or imprisonment for any term of years or for
life, fined under this title, or both; or
(B) is a murder other than a first degree murder (as defined in
section 1111(a)), be fined under this title, imprisoned for any
term of years or for life, or both.
Section 37. Violence at international airports
(a) Offense. - A person who unlawfully and intentionally, using
any device, substance, or weapon -
(1) performs an act of violence against a person at an airport
serving international civil aviation that causes or is likely to
cause serious bodily injury (as defined in section 1365 of this
title) or death; or
(2) destroys or seriously damages the facilities of an airport
serving international civil aviation or a civil aircraft not in
service located thereon or disrupts the services of the airport,
if such an act endangers or is likely to endanger safety at that
airport, or attempts or conspires to do such an act, shall be fined
under this title, imprisoned not more than 20 years, or both; and
if the death of any person results from conduct prohibited by this
subsection, shall be punished by death or imprisoned for any term
of years or for life.
(b) Jurisdiction. - There is jurisdiction over the prohibited
activity in subsection (a) if -
(1) the prohibited activity takes place in the United States;
or
(2) the prohibited activity takes place outside the United
States and (A) the offender is later found in the United States;
or (B) an offender or a victim is a national of the United States
(as defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))).
(c) Bar to Prosecution. - It is a bar to Federal prosecution
under subsection (a) for conduct that occurred within the United
States that the conduct involved was during or in relation to a
labor dispute, and such conduct is prohibited as a felony under the
law of the State in which it was committed. For purposes of this
section, the term ''labor dispute'' has the meaning set forth in
section 2(c) (FOOTNOTE 1) of the Norris-LaGuardia Act, as amended
(29 U.S.C. 113(c)), and the term ''State'' means a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(FOOTNOTE 1) So in original. Probably should be section
''13(c)''.
Section 38. Fraud involving aircraft or space
vehicle parts in interstate or foreign commerce
(a) Offenses. - Whoever, in or affecting interstate or foreign
commerce, knowingly and with the intent to defraud -
(1)(A) falsifies or conceals a material fact concerning any
aircraft or space vehicle part;
(B) makes any materially fraudulent representation concerning
any aircraft or space vehicle part; or
(C) makes or uses any materially false writing, entry,
certification, document, record, data plate, label, or electronic
communication concerning any aircraft or space vehicle part;
(2) exports from or imports or introduces into the United
States, sells, trades, installs on or in any aircraft or space
vehicle any aircraft or space vehicle part using or by means of a
fraudulent representation, document, record, certification,
depiction, data plate, label, or electronic communication; or
(3) attempts or conspires to commit an offense described in
paragraph (1) or (2),
shall be punished as provided in subsection (b).
(b) Penalties. - The punishment for an offense under subsection
(a) is as follows:
(1) Aviation quality. - If the offense relates to the aviation
quality of a part and the part is installed in an aircraft or
space vehicle, a fine of not more than $500,000, imprisonment for
not more than 15 years, or both.
(2) Failure to operate as represented. - If, by reason of the
failure of the part to operate as represented, the part to which
the offense is related is the proximate cause of a malfunction or
failure that results in serious bodily injury (as defined in
section 1365), a fine of not more than $1,000,000, imprisonment
for not more than 20 years, or both.
(3) Failure resulting in death. - If, by reason of the failure
of the part to operate as represented, the part to which the
offense is related is the proximate cause of a malfunction or
failure that results in the death of any person, a fine of not
more than $1,000,000, imprisonment for any term of years or life,
or both.
(4) Other circumstances. - In the case of an offense under
subsection (a) not described in paragraph (1), (2), or (3) of
this subsection, a fine under this title, imprisonment for not
more than 10 years, or both.
(5) Organizations. - If the offense is committed by an
organization, a fine of not more than -
(A) $10,000,000 in the case of an offense described in
paragraph (1) or (4); and
(B) $20,000,000 in the case of an offense described in
paragraph (2) or (3).
(c) Civil Remedies. -
(1) In general. - The district courts of the United States
shall have jurisdiction to prevent and restrain violations of
this section by issuing appropriate orders, including -
(A) ordering a person (convicted of an offense under this
section) to divest any interest, direct or indirect, in any
enterprise used to commit or facilitate the commission of the
offense, or to destroy, or to mutilate and sell as scrap,
aircraft material or part inventories or stocks;
(B) imposing reasonable restrictions on the future activities
or investments of any such person, including prohibiting
engagement in the same type of endeavor as used to commit the
offense; and
(C) ordering the dissolution or reorganization of any
enterprise knowingly used to commit or facilitate the
commission of an offense under this section making due
provisions for the rights and interests of innocent persons.
(2) Restraining orders and prohibition. - Pending final
determination of a proceeding brought under this section, the
court may enter such restraining orders or prohibitions, or take
such other actions (including the acceptance of satisfactory
performance bonds) as the court deems proper.
(3) Estoppel. - A final judgment rendered in favor of the
United States in any criminal proceeding brought under this
section shall stop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil
proceeding brought by the United States.
(d) Criminal Forfeiture. -
(1) In general. - The court, in imposing sentence on any person
convicted of an offense under this section, shall order, in
addition to any other sentence and irrespective of any provision
of State law, that the person forfeit to the United States -
(A) any property constituting, or derived from, any proceeds
that the person obtained, directly or indirectly, as a result
of the offense; and
(B) any property used, or intended to be used in any manner,
to commit or facilitate the commission of the offense, if the
court in its discretion so determines, taking into
consideration the nature, scope, and proportionality of the use
of the property on the offense.
(2) Application of other law. - The forfeiture of property
under this section, including any seizure and disposition of the
property, and any proceedings relating to the property, shall be
governed by section 413 of the Comprehensive Drug Abuse and
Prevention Act of 1970 (21 U.S.C. 853) (not including subsection
(d) of that section).
(e) Construction With Other Law. - This section does not preempt
or displace any other remedy, civil or criminal, provided by
Federal or State law for the fraudulent importation, sale, trade,
installation, or introduction into commerce of an aircraft or space
vehicle part.
(f) Territorial Scope. - This section also applies to conduct
occurring outside the United States if -
(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an organization
organized under the laws of the United States or political
subdivision thereof;
(2) the aircraft or spacecraft part as to which the violation
relates was installed in an aircraft or space vehicle owned or
operated at the time of the offense by a citizen or permanent
resident alien of the United States, or by an organization
thereof; or
(3) an act in furtherance of the offense was committed in the
United States.
CHAPTER 5
Section 81. Arson within special maritime and
territorial jurisdiction
Whoever, within the special maritime and territorial jurisdiction
of the United States, willfully and maliciously sets fire to or
burns, or attempts to set fire to or burn any building, structure
or vessel, any machinery or building materials or supplies,
military or naval stores, munitions of war, or any structural aids
or appliances for navigation or shipping, shall be imprisoned for
not more than 25 years, fined the greater of the fine under this
title or the cost of repairing or replacing any property that is
damaged or destroyed, or both.
If the building be a dwelling or if the life of any person be
placed in jeopardy, he shall be fined under this title or
imprisoned not more than twenty years, or both.
CHAPTER 7 - ASSAULT
Section 111. Assaulting, Resisting, Or Impeding
Certain Officers Or Employees
Section 112. Protection Of Foreign Officials, Official Guests, And Internationally
Protected Persons
Section 113. Assaults Within Maritime And Territorial Jurisdiction
Section 114. Maiming Within Maritime And Territorial Jurisdiction
Section 115. Influencing, Impeding, Or Retaliating Against A Federal Official
By Threatening Or Injuring A Family Member
Section 116. Female Genital Mutilation
Chapter Notes
Section 111. Assaulting, resisting, or impeding
certain officers or employees
(a) In General. - Whoever -
(1) forcibly assaults, resists, opposes, impedes, intimidates,
or interferes with any person designated in section 1114 of this
title while engaged in or on account of the performance of
official duties; or
(2) forcibly assaults or intimidates any person who formerly
served as a person designated in section 1114 on account of the
performance of official duties during such person's term of
service,
shall, where the acts in violation of this section constitute only
simple assault, be fined under this title or imprisoned not more
than one year, or both, and in all other cases, be fined under this
title or imprisoned not more than three years, or both.
(b) Enhanced Penalty. - Whoever, in the commission of any acts
described in subsection (a), uses a deadly or dangerous weapon
(including a weapon intended to cause death or danger but that
fails to do so by reason of a defective component) or inflicts
bodily injury, shall be fined under this title or imprisoned not
more than ten years, or both.
Section 112. Protection of foreign officials,
official guests, and internationally protected persons
(a) Whoever assaults, strikes, wounds, imprisons, or offers
violence to a foreign official, official guest, or internationally
protected person or makes any other violent attack upon the person
or liberty of such person, or, if likely to endanger his person or
liberty, makes a violent attack upon his official premises, private
accommodation, or means of transport or attempts to commit any of
the foregoing shall be fined under this title or imprisoned not
more than three years, or both. Whoever in the commission of any
such act uses a deadly or dangerous weapon, or inflicts bodily
injury, shall be fined under this title or imprisoned not more than
ten years, or both.
(b) Whoever willfully -
(1) intimidates, coerces, threatens, or harasses a foreign
official or an official guest or obstructs a foreign official in
the performance of his duties;
(2) attempts to intimidate, coerce, threaten, or harass a
foreign official or an official guest or obstruct a foreign
official in the performance of his duties; or
(3) within the United States and within one hundred feet of any
building or premises in whole or in part owned, used, or occupied
for official business or for diplomatic, consular, or residential
purposes by -
(A) a foreign government, including such use as a mission to
an international organization;
(B) an international organization;
(C) a foreign official; or
(D) an official guest;
congregates with two or more other persons with intent to violate
any other provision of this section;
shall be fined under this title or imprisoned not more than six
months, or both.
(c) For the purpose of this section ''foreign government'',
''foreign official'', ''internationally protected person'',
''international organization'', ''national of the United States'',
and ''official guest'' shall have the same meanings as those
provided in section 1116(b) of this title.
(d) Nothing contained in this section shall be construed or
applied so as to abridge the exercise of rights guaranteed under
the first amendment to the Constitution of the United States.
(e) If the victim of an offense under subsection (a) is an
internationally protected person outside the United States, the
United States may exercise jurisdiction over the offense if (1) the
victim is a representative, officer, employee, or agent of the
United States, (2) an offender is a national of the United States,
or (3) an offender is afterwards found in the United States. As
used in this subsection, the United States includes all areas under
the jurisdiction of the United States including any of the places
within the provisions of sections 5 and 7 of this title and section
46501(2) of title 49.
(f) In the course of enforcement of subsection (a) and any other
sections prohibiting a conspiracy or attempt to violate subsection
(a), the Attorney General may request assistance from any Federal,
State, or local agency, including the Army, Navy, and Air Force,
any statute, rule, or regulation to the contrary, notwithstanding.
Go to part II
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