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Title 18 of the United States Code: Difference between revisions

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==Part I - Crimes==
==Part I - Crimes==
===Chapters 1-10===
*{{usctc|18|1|pipe=Chapter 1}}: General Provisions
*{{usctc|18|1|pipe=Chapter 1}}: General Provisions
:This chapter consists of General Provisions. §1 is repealed. §2 defines [[Principal (criminal law)|principals]]. §3 defines and provides punishment for [[Accessory (legal term)|accessory after the fact]], while §4 defines and provides punishment for [[misprision of felony]]. §5 defines "[[United States]]," §6 defines "[[Ministry (government department)|department]]" and "[[agency]]," §7 defines "special maritime and territorial jurisdiction of the United States," §8 defines "obligation or other security of the United States," §9 defines "vessel of the United States," §10 defines "[[interstate commerce]]" and "foreign commerce," §11 defines foreign government, and §12 defines "[[United States Postal Service]]." §13 deals with laws of states adopted for areas within federal jurisdiction. §14 is repealed. §15 defines "obligation or other security of foreign government" and §16 defines "[[Violent crime|Crime of violence]]."
:This chapter consists of General Provisions. §1 is repealed. §2 defines [[Principal (criminal law)|principals]]. §3 defines and provides punishment for [[Accessory (legal term)|accessory after the fact]], while §4 defines and provides punishment for [[misprision of felony]]. §5 defines "[[United States]]," §6 defines "[[Ministry (government department)|department]]" and "[[agency]]," §7 defines "special maritime and territorial jurisdiction of the United States," §8 defines "obligation or other security of the United States," §9 defines "vessel of the United States," §10 defines "[[interstate commerce]]" and "foreign commerce," §11 defines foreign government, and §12 defines "[[United States Postal Service]]." §13 deals with laws of states adopted for areas within federal jurisdiction. §14 is repealed. §15 defines "obligation or other security of foreign government" and §16 defines "[[Violent crime|Crime of violence]]."
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:§115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member
:§115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member
:§ 116. Female genital mutilation
:§ 116. [[Female genital mutilation]]
:§ 117. Domestic assault by an habitual offender
:§ 117. Domestic assault by an habitual offender


*{{usctc|18|9|pipe=Chapter 9}}: Bankruptcy
*{{usctc|18|9|pipe=Chapter 9}}: Bankruptcy
*{{usctc|18|10|pipe=Chapter 10}}: Biological weapons
*{{usctc|18|10|pipe=Chapter 10}}: Biological weapons

===Chapters 11-20===
*{{usctc|18|11|pipe=Chapter 11}}: Bribery, Graft, and Conflicts of Interest
*{{usctc|18|11|pipe=Chapter 11}}: Bribery, Graft, and Conflicts of Interest
*{{usctc|18|11A|pipe=Chapter 11A}}: Child Support
*{{usctc|18|11A|pipe=Chapter 11A}}: Child Support
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*{{usctc|18|18|pipe=Chapter 18}}: Congressional, Cabinet, and Supreme Court Assassination, Kidnapping, and Assault
*{{usctc|18|18|pipe=Chapter 18}}: Congressional, Cabinet, and Supreme Court Assassination, Kidnapping, and Assault
*{{usctc|18|19|pipe=Chapter 19}}: Conspiracy
*{{usctc|18|19|pipe=Chapter 19}}: Conspiracy

===Chapters 21-30===
*{{usctc|18|21|pipe=Chapter 21}}: Contempts
*{{usctc|18|21|pipe=Chapter 21}}: Contempts
*{{usctc|18|23|pipe=Chapter 23}}: Contracts
*{{usctc|18|23|pipe=Chapter 23}}: Contracts
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*{{usctc|18|27|pipe=Chapter 27}}: Customs
*{{usctc|18|27|pipe=Chapter 27}}: Customs
*{{usctc|18|29|pipe=Chapter 29}}: Elections and Political Activities
*{{usctc|18|29|pipe=Chapter 29}}: Elections and Political Activities

===Chapters 31-40===
*{{usctc|18|31|pipe=Chapter 31}}: Embezzlement and Theft
*{{usctc|18|31|pipe=Chapter 31}}: Embezzlement and Theft
*[http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_33.html Chapter 33]: Emblems, Insignia, and Names
*[http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_33.html Chapter 33]: Emblems, Insignia, and Names
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*{{usctc|18|39|pipe=Chapter 39}}: Explosives and Other Dangerous Articles
*{{usctc|18|39|pipe=Chapter 39}}: Explosives and Other Dangerous Articles
*{{usctc|18|40|pipe=Chapter 40}}: Importation, Manufacture, Distribution and Storage of Explosive Materials
*{{usctc|18|40|pipe=Chapter 40}}: Importation, Manufacture, Distribution and Storage of Explosive Materials

===Chapters 41-50===
*{{usctc|18|41|pipe=Chapter 41}}: Extortion and Threats
*{{usctc|18|41|pipe=Chapter 41}}: Extortion and Threats
*{{usctc|18|42|pipe=Chapter 42}}: Extortionate Credit Transactions
*{{usctc|18|42|pipe=Chapter 42}}: Extortionate Credit Transactions
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*{{usctc|18|50|pipe=Chapter 50}}: Gambling
*{{usctc|18|50|pipe=Chapter 50}}: Gambling
*{{usctc|18|50a|pipe=Chapter 50a}}: Genocide
*{{usctc|18|50a|pipe=Chapter 50a}}: Genocide

===Chapters 51-60===
*{{usctc|18|51|pipe=Chapter 51}}: Homicide
*{{usctc|18|51|pipe=Chapter 51}}: Homicide
*{{usctc|18|53|pipe=Chapter 53}}: Indians
*{{usctc|18|53|pipe=Chapter 53}}: Indians
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*{{usctc|18|57|pipe=Chapter 57}}: Labor
*{{usctc|18|57|pipe=Chapter 57}}: Labor
*{{usctc|18|59|pipe=Chapter 59}}: Liquor Traffic
*{{usctc|18|59|pipe=Chapter 59}}: Liquor Traffic

===Chapters 61-70===
*{{usctc|18|61|pipe=Chapter 61}}: Lotteries
*{{usctc|18|61|pipe=Chapter 61}}: Lotteries
*{{usctc|18|63|pipe=Chapter 63}}: Mail Fraud
*{{usctc|18|63|pipe=Chapter 63}}: Mail Fraud
:§1341 targets frauds and [[swindle]]s.
:§1342 applies to fictitious name or address.
:§1343 applies to [[wire fraud|fraud by wire]], radio, or television.
:§1344 applies to [[bank fraud]].
:§1345 provides for injunctions against fraud.
:§1346 is a single sentence: "For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the [[intangibles|intangible right]] of [[honest services fraud|honest services]].
:§1347 targets [[health care]] fraud.
:§1348 targets [[securities fraud]].
:§1349 is a single sentence: "Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or [[conspiracy]]."
:§1350 was introduced by the [[Sarbanes-Oxley Act]] and applies to failure of corporate officers to certify financial reports.

*{{usctc|18|65|pipe=Chapter 65}}: Malicious Mischief
*{{usctc|18|65|pipe=Chapter 65}}: Malicious Mischief
*{{usctc|18|67|pipe=Chapter 67}}: Military and Navy
*{{usctc|18|67|pipe=Chapter 67}}: Military and Navy
*{{usctc|18|68|pipe=Chapter 68}}: [Repealed]
*{{usctc|18|68|pipe=Chapter 68}}: [Repealed]
*{{usctc|18|69|pipe=Chapter 69}}: Nationality and Citizenship
*{{usctc|18|69|pipe=Chapter 69}}: Nationality and Citizenship

===Chapters 71-80===
*{{usctc|18|71|pipe=Chapter 71}}: Obscenity
*{{usctc|18|71|pipe=Chapter 71}}: Obscenity
*{{usctc|18|73|pipe=Chapter 73}}: Obstruction of Justice
*{{usctc|18|73|pipe=Chapter 73}}: Obstruction of Justice
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*{{usctc|18|77|pipe=Chapter 77}}: Peonage, Slavery, and Trafficking in Persons
*{{usctc|18|77|pipe=Chapter 77}}: Peonage, Slavery, and Trafficking in Persons
*{{usctc|18|79|pipe=Chapter 79}}: Perjury
*{{usctc|18|79|pipe=Chapter 79}}: Perjury

===Chapters 81-90===
*{{usctc|18|81|pipe=Chapter 81}}: Piracy and Privateering
*{{usctc|18|81|pipe=Chapter 81}}: Piracy and Privateering
*{{usctc|18|83|pipe=Chapter 83}}: Postal Service
*{{usctc|18|83|pipe=Chapter 83}}: Postal Service
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*{{usctc|18|97|pipe=Chapter 97}}: Railroads
*{{usctc|18|97|pipe=Chapter 97}}: Railroads
*{{usctc|18|99|pipe=Chapter 99}}: [Repealed]
*{{usctc|18|99|pipe=Chapter 99}}: [Repealed]

===Chapters 101-110===
*{{usctc|18|101|pipe=Chapter 101}}: Records and Reports
*{{usctc|18|101|pipe=Chapter 101}}: Records and Reports
*{{usctc|18|102|pipe=Chapter 102}}: Riots
*{{usctc|18|102|pipe=Chapter 102}}: Riots
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*{{usctc|18|118|pipe=Chapter 118}}: War Crimes
*{{usctc|18|118|pipe=Chapter 118}}: War Crimes
*{{usctc|18|119|pipe=Chapter 119}}: Wire and Electronic Communications Interception and Interception of Oral Communications
*{{usctc|18|119|pipe=Chapter 119}}: Wire and Electronic Communications Interception and Interception of Oral Communications
===Chapters 121-123===
*{{usctc|18|121|pipe=Chapter 121}}: Stored Wire and Electronic Communications and Transactional Records Access
*{{usctc|18|121|pipe=Chapter 121}}: Stored Wire and Electronic Communications and Transactional Records Access
*{{usctc|18|123|pipe=Chapter 123}}: Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle Records
*{{usctc|18|123|pipe=Chapter 123}}: Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle Records

Revision as of 06:52, 23 May 2009

Title 18 of the United States Code is the criminal and penal code of the federal government of the United States. It deals with federal crimes and criminal procedure.

Part I - Crimes

Chapters 1-10

This chapter consists of General Provisions. §1 is repealed. §2 defines principals. §3 defines and provides punishment for accessory after the fact, while §4 defines and provides punishment for misprision of felony. §5 defines "United States," §6 defines "department" and "agency," §7 defines "special maritime and territorial jurisdiction of the United States," §8 defines "obligation or other security of the United States," §9 defines "vessel of the United States," §10 defines "interstate commerce" and "foreign commerce," §11 defines foreign government, and §12 defines "United States Postal Service." §13 deals with laws of states adopted for areas within federal jurisdiction. §14 is repealed. §15 defines "obligation or other security of foreign government" and §16 defines "Crime of violence."
§17 deals with the insanity defense, defining it as "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," that "mental disease or defect does not otherwise constitute a defense," and that "the defendant has the burden of proving the defense of insanity by clear and convincing evidence."
§18 defines "organization," §19 defines "petty offense," §20 defines "financial institution," §21 defines "stolen or counterfeit nature of property for certain crimes," § 23.1 defines "court of the United States." §24 provides "definitions relating to Federal health care offense." §25 deals with the "use of minors in crimes of violence."
This chapter deals with aircraft and motor vehicles. §31 is definitions. §32 is "crime of destruction of aircraft or aircraft facilities," §33 is "destruction of motor vehicles or motor vehicle facilities," §34 is "penalty when death results," and §35 is "imparting or conveying false information." §36 deals with drive-by shooting. §37 is "violence at international airports." §38 deals with "fraud involving aircraft or space vehicle parts in interstate or foreign commerce." § 39.1 prohibits unauthorized traffic signal preemption transmitters, while an additional § 39.1 requires commercial vehicles to stop for inspections.
§41 prohibits hunting, fishing, trapping, or disturbance or injury to birds, fish, or wildlife in any protected areas of the United States, and provides a penalty of a fine under this title or imprisonment up to six months, or both.
§42 is titled "importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations." It prohibits the import of harmful or invasive species, including Herpestes auropunctatus, bats of the genus Pteropus, the zebra mussel, and the brown tree snake, and authorizes the Secretary of the Interior to bar other harmful species. The section also provides exemptions.
§43 is titled "animal enterprise terrorism" and prohibits intentional disruption or harm to "animal enterprises" through interstate or foreign commerce, and provides various penalties.
§44 and §45 are repealed. §46 bars the transportation of the invasive plants alligator weed, water caltrop, and Eichhornia crassipes, and provides for a penalty of a fine under this title, or imprisonment up to six months, or both.
§47 prohibits the use of an aircraft or motor vehicle to hunt any "wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges" and prohibits the pollution of any watering hole on any of the public land or ranges for the purpose of hunting any of the named animals, and provides for a penalty of a fine under this title, or imprisonment up to six months, or both, for each offense.
§48 prohibits the possession of any depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain, and provides a penalty of a fine under this title, or imprisonment up to five years, or both, and excepts any depiction that has "serious religious, political, scientific, educational, journalistic, historical, or artistic value."
This chapter deals with arson. It has only one section, §81, which defines arson, attempted arson, or conspiracy to commit arson, and provides a penalty of imprisonment for up to 25 years, the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both. It also provides that if the building is a dwelling or if the life of any person is placed in jeopardy, the penalty shall be a fine under this title, imprisonment for "any term of years or for life," or both.
This chapter deals with assault. §111 prohibits "assaulting, resisting, or impeding" officers and employees of the United States while engaged in or on account of the performance of official duties, and the assault or intimidation of "any person who formerly served" as an officers or employees of the United States "on account of the performance of official duties during such person's term of service." The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both. An enhanced penalty of a fine or imprisonment for up to 20 years is provided for if a "deadly or dangerous weapon" is used or if bodily injury is inflicted.
§112 is "protection of foreign officials, official guests, and internationally protected persons." It prohibits assaulting or causing harm to a "foreign official, official guest, or internationally protected person" or "any other violent attack upon the person or liberty of such person," and provides a penality of a fine, imprisonment of up to three years, or both, and an enhanced penalty of a fine or imprisonment of up to 10 years, or both, if a deadly or dangerous weapon" is used or if bodily injury is inflicted. §112 also prohibits "[i]ntimidating, coercing, threatening, or harassing a foreign official or an official guest, or obstructing a foreign official in the performance of his duties," or an attempt to do so, and additionally prohibits two or more people congregating within 100 feet of any building being used "for diplomatic, consular, or residential purposes" by foreign officials or international organization, "with intent to violate any other provision of this section," and provides for a fine, imprisonment up to six months, or both. The section also provides that "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 United States Constitution.
§113 provides punishments for assault within the special maritime and territorial jurisdiction of the United States: for assault with intent to commit murder, imprisonment for not more than 20 years; for assault with intent to commit any felony except murder or a felony under chapter 109A, by a fine under this title or imprisonment for not more than ten years, or both; for assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by a fine under this title or imprisonment for not more than ten years, or both; for assault by striking, beating, or wounding, by a fine under this title or imprisonment for not more than six months, or both; simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both; assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both; assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 5 years, or both.
§113 also defines "substantial bodily injury" as bodily injury which involves a temporary but substantial disfigurement, or a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty, and defines "serious bodily injury" as the meaning given that term in section 1365 of this title.
§114, makes it a crime within the special maritime and territorial jurisdiction of the United States to, with intent to torture (as defined in section 2340), and provides that whoever shall "maim, disfigure, cuts, bites, or slits the nose, ear, or lip, or cuts out or disables the tongue, or puts out or destroys an eye, or cuts off or disables a limb or any member of another person; or whoever, within the special maritime and territorial jurisdiction of the United States, and with like intent, throws or pours upon another person, any scalding water, corrosive acid, or caustic substance shall be fined under this title or imprisoned not more than 20 years, or both."
§115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member
§ 116. Female genital mutilation
§ 117. Domestic assault by an habitual offender

Chapters 11-20

Chapters 21-30

Chapters 31-40

§700 deals with flag desecration.
§701 prohibits the unauthorized manufacture, sale, or possession of official badges, identification cards or other insignia.
§702 prohibits the unauthorized wear of the uniforms of the armed forces and Public Health Service, or of limitations.
§703 likewise prohibits the unauthorized wear if freign friendly nations "intent to deceive or mislead."
§704 prohibits the unauthorized wear, manufacture, or sale of awards and decorations of the United States military, with special provisions increasing the penalty if the award is the Medal of Honor,
  • 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

Chapters 41-50

Chapters 51-60

Chapters 61-70

§1341 targets frauds and swindles.
§1342 applies to fictitious name or address.
§1343 applies to fraud by wire, radio, or television.
§1344 applies to bank fraud.
§1345 provides for injunctions against fraud.
§1346 is a single sentence: "For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.
§1347 targets health care fraud.
§1348 targets securities fraud.
§1349 is a single sentence: "Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy."
§1350 was introduced by the Sarbanes-Oxley Act and applies to failure of corporate officers to certify financial reports.

Chapters 71-80

Chapters 81-90

Chapters 101-110

Chapters 121-123

  • 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