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U.S. CODE
TITLE 18
CRIMES AND CRIMINAL PROCEDURE

Version 2010-02-01

Last update 2011-11-11


  • CRIMES
    • GENERAL PROVISIONS
    • AIRCRAFT AND MOTOR VEHICLES
    • ANIMALS, BIRDS, FISH, AND PLANTS
    • ARSON
    • ASSAULT
    • BANKRUPTCY
    • BIOLOGICAL WEAPONS
    • BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
    • CHILD SUPPORT
    • CHEMICAL WEAPONS
    • CIVIL DISORDERS
    • CIVIL RIGHTS
    • CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT
    • COINS AND CURRENCY
    • COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
    • CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPPING, AND ASSAULT
    • CONSPIRACY
    • CONTEMPTS
    • CONTRACTS
    • COUNTERFEITING AND FORGERY
    • CRIMINAL STREET GANGS
    • CUSTOMS
    • ELECTIONS AND POLITICAL ACTIVITIES
    • EMBEZZLEMENT AND THEFT
    • EMBLEMS, INSIGNIA, AND NAMES
    • ESCAPE AND RESCUE
    • ESPIONAGE AND CENSORSHIP
    • EXPLOSIVES AND OTHER DANGEROUS ARTICLES
    • IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS
    • EXTORTION AND THREATS
    • EXTORTIONATE CREDIT TRANSACTIONS
    • FALSE PERSONATION
    • FIREARMS
    • FOREIGN RELATIONS
    • FORFEITURE
    • FRAUD AND FALSE STATEMENTS
    • FUGITIVES FROM JUSTICE
    • GAMBLING
    • GENOCIDE
    • HOMICIDE
    • INDIANS
    • KIDNAPPING
    • LABOR
    • LIQUOR TRAFFIC
    • LOTTERIES
    • MAIL FRAUD AND OTHER FRAUD OFFENSES
    • MALICIOUS MISCHIEF
    • MILITARY AND NAVY
    • REPEALED
    • NATIONALITY AND CITIZENSHIP
    • OBSCENITY
    • OBSTRUCTION OF JUSTICE
    • PARTIAL-BIRTH ABORTIONS
    • PASSPORTS AND VISAS
    • PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
    • PERJURY
    • PIRACY AND PRIVATEERING
    • POSTAL SERVICE
    • PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION, KIDNAPPING, AND ASSAULT
    • PRISON-MADE GOODS
    • PRISONS
    • PRIVACY
    • PROFESSIONS AND OCCUPATIONS
    • PROTECTION OF TRADE SECRETS
    • PROTECTION OF UNBORN CHILDREN
    • PUBLIC LANDS
    • PUBLIC OFFICERS AND EMPLOYEES
    • RACKETEERING
    • RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
    • RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR
    • REPEALED
    • RECORDS AND REPORTS
    • RIOTS
    • ROBBERY AND BURGLARY
    • SABOTAGE
    • SEAMEN AND STOWAWAYS
    • SEARCHES AND SEIZURES
    • SEXUAL ABUSE
    • SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY
    • SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
    • DOMESTIC VIOLENCE AND STALKING
    • SHIPPING
    • DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME FACILITIES
    • STOLEN PROPERTY
    • TELEMARKETING FRAUD
    • TERRORISM
    • TORTURE
    • TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS TOBACCO
    • TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
    • TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES
    • WAR CRIMES
    • WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
    • STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
    • PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS
  • CRIMINAL PROCEDURE
    • GENERAL PROVISIONS
    • ARREST AND COMMITMENT
    • REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND ESPIONAGE
    • SEARCHES AND SEIZURES
    • PEN REGISTERS AND TRAP AND TRACE DEVICES
    • RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
    • SPEEDY TRIAL
    • EXTRADITION
    • JURISDICTION AND VENUE
    • MILITARY EXTRATERRITORIAL JURISDICTION
    • EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING IN PERSONS OFFENSES
    • LIMITATIONS
    • GRAND JURY
    • SPECIAL GRAND JURY
    • INDICTMENT AND INFORMATION
    • TRIAL BY UNITED STATES MAGISTRATE JUDGES
    • ARRAIGNMENT, PLEAS AND TRIAL
    • WITNESSES AND EVIDENCE
    • PROTECTION OF WITNESSES
    • VERDICT
    • SENTENCES
      • GENERAL PROVISIONS
      • PROBATION
      • FINES
      • IMPRISONMENT
    • DEATH SENTENCE
    • POST-CONVICTION DNA TESTING
    • POSTSENTENCE ADMINISTRATION
      • PROBATION
      • FINES
      • IMPRISONMENT
    • REPEALED
    • MISCELLANEOUS SENTENCING PROVISIONS
    • SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME
    • CONTEMPTS
    • APPEAL
    • CRIME VICTIMS RIGHTS
  • PRISONS AND PRISONERS
    • GENERAL PROVISIONS
    • BUREAU OF PRISONS
    • COMMITMENT AND TRANSFER
    • TRANSFER TO OR FROM FOREIGN COUNTRIES
    • EMPLOYMENT
    • REPEALED
    • REPEALED
    • OFFENDERS WITH MENTAL DISEASE OR DEFECT
    • REPEALED
    • DISCHARGE AND RELEASE PAYMENTS
    • INSTITUTIONS FOR WOMEN
    • NATIONAL INSTITUTE OF CORRECTIONS
  • CORRECTION OF YOUTHFUL OFFENDERS
    • GENERAL PROVISIONS
    • REPEALED
    • JUVENILE DELINQUENCY
  • IMMUNITY OF WITNESSES
    • IMMUNITY OF WITNESSES
  • Version 2010-02-01

PART I

CRIMES

I - CHAPTER 1

GENERAL PROVISIONS

Repealed

Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98-596, § 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense.



Principals

(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.



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.



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.



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.



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.



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.

(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.





    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.



    Vessel of the United States defined

    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.



    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.



    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.



    United States Postal Service defined

    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.



    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.