18 USC

Extract of the United States Code, Title 18, Sec's 1029-1956.

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS

Sec. 1029. Fraud and related activity in connection with access devices

(a) Whoever -

     (1) knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices;
     (2) knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period;
     (3) knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;
     (4) knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment;
     (5) knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000;
     (6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of -

     (A) offering an access device; or
     (B) selling information regarding or an application to obtain an access device;

     (7) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services;
     (8) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver;
     (9) knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization; or
     (10) without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records of transactions made by an access device;

shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section.

(b)

(1) Whoever attempts to commit an offense under subsection (a) of this section shall be subject to the same penalties as those prescribed for the offense attempted.
(2) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both.

     (1) Generally. - The punishment for an offense under subsection (a) of this section is -

     (A) in the case of an offense that does not occur after a conviction for another offense under this section -

     (i) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and
     (ii) if the offense is under paragraph (4), (5), (8), or (9), (FOOTNOTE 1) of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both;
(FOOTNOTE 1) So in original. Comma probably should not appear.

     (B) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both; and
     (C) in either case, forfeiture to the United States of any personal property used or intended to be used to commit the offense.

     (2) Forfeiture procedure. - The forfeiture of property under this section, including any seizure and disposition of the property and any related administrative and judicial proceeding, shall be governed by section 413 of the Controlled Substances Act, except for subsection (d) of that section.

(d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.

(e) As used in this section -

     (1) the term ''access device'' means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument);
     (2) the term ''counterfeit access device'' means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;
     (3) the term ''unauthorized access device'' means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud;
     (4) the term ''produce'' includes design, alter, authenticate, duplicate, or assemble;
     (5) the term ''traffic'' means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of;
     (6) the term ''device-making equipment'' means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device;
     (7) the term ''credit card system member'' means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system;
     (8) the term ''scanning receiver'' means a device or apparatus that can be used to intercept a wire or electronic communication in violation of chapter 119 or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument (FOOTNOTE 2)
(FOOTNOTE 2) So in original. Probably should be followed by a semicolon.
     (9) the term ''telecommunications service'' has the meaning given such term in section 3 of title I of the Communications Act of 1934 (47 U.S.C. 153);
     (10) the term ''facilities-based carrier'' means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934; and
     (11) the term ''telecommunication identifying information'' means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument.

(f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. For purposes of this subsection, the term ''State'' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(g)

(1) It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that carrier, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier.
(2) In a prosecution for a violation of subsection (a)(9), (other than a violation consisting of producing or trafficking) it is an affirmative defense (which the defendant must establish by a preponderance of the evidence) that the conduct charged was engaged in for research or development in connection with a lawful purpose.

(<-- Previous Changes)
(h) Any person who, outside the jurisdiction of the United States, engages in any act that, if committed within the jurisdiction of the United States, would constitute an offense under subsection (a) or (b) of this section, shall be subject to the fines, penalties, imprisonment, and forfeiture provided in this title if -

(1) the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity within the jurisdiction of the United States; and

(2) the person transports, delivers, conveys, transfers to or through, or otherwise stores, secrets, or holds within the jurisdiction of the United States, any article used to assist in the commission of the offense or the proceeds of such offense or property derived therefrom.
(Next Changes->)

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982, 1028, 1030, 1961, 2326, 2516 of this title;
title 31 section 9703.

18 USC Sec. 1030 Has Changes 01/22/02

Sec. 1030. Fraud and related activity in connection with computers

(a) Whoever -

     (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;
     (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains -

     (A) information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n) of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
     (B) information from any department or agency of the United States; or
     (C) information from any protected computer if the conduct involved an interstate or foreign communication;

     (3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States;
     (4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;
(<-- Previous Changes)
     (5)

     (A)

     (i) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
     ~~(B)~~ (ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or
     ~~(C)~~ (iii) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; and

     (B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused) -

     (i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;
     (ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;
     (iii) physical injury to any person;
     (iv) a threat to public health or safety; or
     (v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;

     (6) knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if -

     (A) such trafficking affects interstate or foreign commerce; or
     (B) such computer is used by or for the Government of the United States; (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be followed by ''or''.

     (7) with intent to extort from any person~~, firm, association, educational institution, financial institution, government entity, or other legal entity,~~ (Probable- Pat I) any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;

shall be punished as provided in subsection (c) of this section.

(b) Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section.

     (1)

     (A) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(1) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and
     (B) a fine under this title or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a)(1) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;

     (2)

     (A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2), (a)(3), ~~(a)(5)(C)~~ (a)(5)(A)(iii), or (a)(6) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; ~~and~~ (Pat I)
     (B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(2), or an attempt to commit an offense punishable under this subparagraph, if -

     (i) the offense was committed for purposes of commercial advantage or private financial gain;
     (ii) the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State; or
     (iii) the value of the information obtained exceeds $5,000; (FOOTNOTE 2)
(FOOTNOTE 2) So in original. Probably should be followed by ''and''.

     (C) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; ~~and~~ (Pat I)

     (3)

     (A) a fine under this title or imprisonment for not more than five years, or both, in the case of an offense under subsection (a)(4) or (a)(7) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and
     (B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(4) (FOOTNOTE 3) ~~(a)(5)(C)~~ (a)(5)(A)(iii), or (a)(7) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and
(FOOTNOTE 3) So in original. Probably should be followed by a comma.
Note: `, (a)(5)(A), (a)(5)(B),' both places it appears in this paragraph, is struck.

     (4)

     (A) a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to commit an offense punishable under that subsection;
     (B) a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under that subsection;
     (C) a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under either subsection, that occurs after a conviction for another offense under this section.

(d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. (Pat I)

     (1) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section.
     (2) The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses affecting the duties of the United States Secret Service pursuant to section 3056(a) of this title.
     (3) Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.

(e) As used in this section -

     (1) the term ''computer'' means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device;
     (2) the term ''protected computer'' means a computer -

     (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or
     (B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;

     (3) the term ''State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States;
     (4) the term ''financial institution'' means -

     (A) an institution, with deposits insured by the Federal Deposit Insurance Corporation;
     (B) the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank;
     (C) a credit union with accounts insured by the National Credit Union Administration;
     (D) a member of the Federal home loan bank system and any home loan bank;
     (E) any institution of the Farm Credit System under the Farm Credit Act of 1971;
     (F) a broker-dealer registered with the Securities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934;
     (G) the Securities Investor Protection Corporation;
     (H) 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); and
     (I) an organization operating under section 25 or section 25(a) (FOOTNOTE 4) of the Federal Reserve Act. (FOOTNOTE 5)
(FOOTNOTE 4) See References in Text note below.
(FOOTNOTE 5) So in original. The period probably should be a semicolon.

     (5) the term ''financial record'' means information derived from any record held by a financial institution pertaining to a customer's relationship with the financial institution;
     (6) the term ''exceeds authorized access'' means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter;
     (7) the term ''department of the United States'' means the legislative or judicial branch of the Government or one of the executive departments enumerated in section 101 of title 5; ~~and~~ (Pat I)
     ~~(8) the term 'damage' means any impairment to the integrity or availability of data, a program, a system, or information, that~~ -

     (A) causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals;
     (B) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals;
     (C) causes physical injury to any person; or
     (D) threatens public health or safety; and (Pat I replaces as shown below:)

     (8) the term ''damage'' means any impairment to the integrity or availability of data, a program, a system, or information;
     (9) the term ''government entity'' includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country;
     (10) the term ''conviction'' shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer;
     (11) the term ''loss'' means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service; and
     (12) the term ''person'' means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity.

(g) Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief. ~~Damages for violations involving damage as defined in subsection (e)(8)(A) are limited to economic damages~~. A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages. No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage. No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.
(Next Changes->)

(h) The Attorney General and the Secretary of the Treasury shall report to the Congress annually, during the first 3 years following the date of the enactment of this subsection, concerning investigations and prosecutions under subsection (a)(5).

misc administrative details omitted

AMENDMENTS
2001 -
misc amendment details omitted
Subsec. (d). Pub. L. 107-56 (Patriot I), Sec. 506(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ''The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.''

misc amendment details omitted

Subsec. (e)(8). Pub. L. 107-56, Sec. 814(d)(3), added par. (8) and struck out former par. (8) which read as follows: ''the term 'damage' means any impairment to the integrity or availability of data, a program, a system, or information, that -
''(A) causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals;
''(B) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals;
''(C) causes physical injury to any person; or
''(D) threatens public health or safety; and''.

misc amendment details omitted

Subsec. (g). Pub. L. 107-56, Sec. 814(e), substituted ''A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages.'' for
''Damages for violations involving damage as defined in subsection (e)(8)(A) are limited to economic damages.'' and inserted at end ''No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.''

misc amendment details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982, 1956, 2256, 2332b, 2510, 2516, 3239 of this title;
title 17 section 1201;
title 26 section 7431;
title 31 section 9703.

18 USC Sec. 1037 Proposed by Patriot II Not Yet Enacted

Sec. 1037. False information and hoaxes

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(a) CRIMINAL VIOLATION -- Whoever engages in any conduct, with intent to convey false or misleading information, under circumstances where such information may reasonably be believed and where such information concerns an activity which would constitute a violation of section 175, 229, 831, or 2332a, shall be fined under this title or imprisoned not more than 5 years, or both.

(b) CIVIL ACTION -Whoever engages in any conduct, with intent to convey false or misleading information, under circumstances where such information concerns an activity which would constitute a violation of section 175, 229, 831, or 2332a, is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.

(c) REIMBURSEMENT -- The court, in imposing a sentence on a defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any person or entity incurring any expenses incident to any emergency or investigative response to that conduct, for those expenses. For the purpose of this provision, a State or local government, or private not-for-profit organization that provides fire or rescue services that is dispatched and responds to such an emergency shall be entitled to the greater of actual costs of response or $1,000. A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses. An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment.
(Next Changes->)
(Next Patriot II Changes->)

18 USC Sec. 1111 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 51 - HOMICIDE

Sec. 1111. Murder

(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.

     Any other murder is murder in the second degree.
     (b) Within the special maritime and territorial jurisdiction of the United States, Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;

     Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.

misc administrative details omitted

HISTORICAL AND REVISION NOTES
misc historical details omitted

     The provision of said section 454 for the death penalty for first degree murder was consolidated with section 567 of said title 18, by adding the words ''unless the jury qualifies its verdict by adding thereto 'without capital punishment' in which event he shall be sentenced to imprisonment for life''.

     The punishment for second degree murder was changed and the phrase ''for any term of years or for life'' was substituted for the words ''not less than ten years and may be imprisoned for life''. This change conforms to a uniform policy of omitting the minimum punishment.

     Said section 567 was not included in section 2031 of this title since the rewritten punishment provision for rape removes the necessity for a qualified verdict.
misc historical and administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 36, 115, 351, 924, 930, 1114, 1116, 1117, 1118, 1119, 1120, 1121, 1503, 1512, 1513, 1751, 1956, 2332, 3559, 5032 of this title;
title 7 section 2146;
title 15 section 1825;
title 21 sections 461, 675, 1041;
title 28 section 540B;
title 42 sections 671, 2283, 5106a, 14135a;
title 49 section 46506.

18 USC Sec. 1112 01/22/02

Sec. 1112. Manslaughter

     (a) Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:
          Voluntary - Upon a sudden quarrel or heat of passion.
          Involuntary - In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.
     (b) Within the special maritime and territorial jurisdiction of the United States,

     Whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than ten years, or both;

     Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than six years, or both.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 351, 924, 930, 1114, 1116, 1119, 1120, 1503, 1512, 1513, 1751, 2332, 3559 of this title;
title 15 section 1825;
title 21 section 1041;
title 42 sections 671, 2283, 5106a, 14135a;
title 49 section 46506.

18 USC Sec. 1113 01/22/02

Sec. 1113. Attempt to commit murder or manslaughter

Except as provided in section 113 of this title, whoever, within the special maritime and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115, 930, 1114, 1116, 1119, 5032 of this title;
title 42 section 14135a;
title 49 section 46506.

18 USC Sec. 1114 01/22/02

Sec. 1114. Protection of officers and employees of the United States

     Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished -
     (1) in the case of murder, as provided under section 1111;
     (2) in the case of manslaughter, as provided under section 1112; or
     (3) in the case of attempted murder or manslaughter, as provided in section 1113.
misc administrative details omitted

HISTORICAL AND REVISION NOTES--
1948 ACT
some historical details omitted

     The section was extended to include United States judges, attorneys and their assistants, and officers of Federal, penal and correctional institutions in view of the obvious desirability of such protective legislation.

     Employees of the Bureau of Animal Industry have been included in this section to complete the revision of section 118 of title 18, U.S.C., 1940 ed., which was consolidated with the assault provisions of section 254 of said title 18 and is now section 111 of this title. There seemed no sound reason for including such officers in the protection against assaults but excluding them from the homicide sections.

     For like reasons the section was broadened to include officers or employees of the Secret Service or of the Bureau of Narcotics. Changes in phraseology were made.

misc historical and administrative details omitted

LIFE IMPRISONMENT OR LESSER TERM FOR KILLING PERSON IN PERFORMANCE OF INVESTIGATIVE, INSPECTION, OR LAW ENFORCEMENT FUNCTIONS
Section 17(h)(2) of Pub. L. 91-596 provided that:

     ''Notwithstanding the provisions of sections 1111 and 1114 of title 18, United States Code, whoever, in violation of the provisions of section 1114 of such title, kills a person while engaged in or on account of the performance of investigative, inspection, or law enforcement functions added to such section 1114 by paragraph (1) of this subsection, and who would otherwise be subject to the penalty provisions of such section 1111 shall be punished by imprisonment for any term of years or for life.''

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 111, 115, 1117, 1201, 1956, 2332b, 2339A of this title;
title 7 sections 84, 87c, 2146;
title 16 section 742l;
title 19 section 1629;
title 21 sections 461, 675;
title 25 section 2804;
title 42 sections 2000e-13, 14135a.

18 USC Sec. 1116 01/22/02

Sec. 1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons

(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title.

(b) For the purposes of this section:

     (1) ''Family'' includes

     (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or
     (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage.
     NOTE: Probably should have been capitalized (A) and (B).

     (2) ''Foreign government'' means the government of a foreign country, irrespective of recognition by the United States.
     (3) ''Foreign official'' means -

     (A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and
     (B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.

     (4) ''Internationally protected person'' means -

     (A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or
     (B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.

     (5) ''International organization'' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.
     (6) ''Official guest'' means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.
     (7) ''National of the United States'' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(c) 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.

(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, 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.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 11, 112, 878, 970, 1117, 1201, 1956, 2332b, 2333, 2339A, 3592 of this title;
title 8 section 1182;
title 42 section 14135a.

18 USC Sec. 1203 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 55 - KIDNAPPING

Sec. 1203. Hostage taking

(a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.

(b)

     (1) It is not an offense under this section if the conduct required for the offense occurred outside the United States unless-

     (A) the offender or the person seized or detained is a national of the United States;
     (B) the offender is found in the United States; or
     (C) the governmental organization sought to be compelled is the Government of the United States.

     (2) It is not an offense under this section if the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States.

(c) As used in this section, the term ''national of the United States'' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2332b, 2333, 2339A, 2516, 3592 of this title.

18 USC Sec. 1361 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 65 - MALICIOUS MISCHIEF

Sec. 1361. Government property or contracts

Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:

If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2332b, 2339A, 3050, 3286 of this title.

18 USC Sec. 1362 Has Changes 01/22/02

Sec. 1362. Communication lines, stations or systems

(<-- Previous Changes)
Whoever willfully or maliciously injures or destroys any of the works, property, or material of any radio, telegraph, telephone or cable, line, station, or system, or other means of communication, operated or controlled by the United States, or used or intended to be used for military or civil defense functions of the United States, whether constructed or in process of construction, or willfully or maliciously interferes in any way with the working or use of any such line, or system, or willfully or maliciously obstructs, hinders, or delays the transmission of any communication over any such line, or system, ~~or attempts willfully or maliciously to injure or destroy~~ or attempts or conspires to do such an act, shall be fined under this title or imprisoned not more than ten years, or both.

In the case of any works, property, or material, not operated or controlled by the United States, this section shall not apply to any lawful strike activity, or other lawful concerted activities for the purposes of collective bargaining or other mutual aid and protection which do not injure or destroy any line or system used or intended to be used for the military or civil defense functions of the United States.

misc administrative details omitted

AMENDMENTS
2001 - Pub. L. 107-56 (Patriot I), in first par., struck out ''or attempts willfully or maliciously to injure or destroy'' after ''Whoever willfully or maliciously injures or destroys'' and inserted ''or attempts or conspires to do such an act,'' before ''shall be fined''.

other amendment details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2332b, 2339A of this title.

18 USC Sec. 1363 Has Changes 01/22/02

Sec. 1363. Buildings or property within special maritime and territorial jurisdiction

Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously destroys or injures any structure, conveyance, or other real or personal property, ~~or attempts to destroy or injure~~ or attempts or conspires to do such an act, shall be fined under this title or imprisoned not more than five years, or both, and if the building be a dwelling, or the life of any person be placed in jeopardy, shall be fined under this title or imprisoned not more than twenty years, or both.
(Next Changes->)

misc administrative details omitted

AMENDMENTS
2001 - Pub. L. 107-56 (Patriot I) struck out ''or attempts to destroy or injure'' after ''destroys or injures'' and inserted ''or attempts or conspires to do such an act,'' after ''personal property,''.

other amendment details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2332b, 2339A, 3050 of this title.

18 USC Sec. 1365 01/22/02

Sec. 1365. Tampering with consumer products

(a) Whoever, with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, tampers with any consumer product that affects interstate or foreign commerce, or the labeling of, or container for, any such product, or attempts to do so, shall -

     (1) in the case of an attempt, be fined under this title or imprisoned not more than ten years, or both;
     (2) if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both;
     (3) if serious bodily injury to any individual results, be fined under this title or imprisoned not more than twenty years, or both; and
     (4) in any other case, be fined under this title or imprisoned not more than ten years, or both.

(b) Whoever, with intent to cause serious injury to the business of any person, taints any consumer product or renders materially false or misleading the labeling of, or container for, a consumer product, if such consumer product affects interstate or foreign commerce, shall be fined under this title or imprisoned not more than three years, or both.

(c)

(1) Whoever knowingly communicates false information that a consumer product has been tainted, if such product or the results of such communication affect interstate or foreign commerce, and if such tainting, had it occurred, would create a risk of death or bodily injury to another person, shall be fined under this title or imprisoned not more than five years, or both.
(2) As used in paragraph (1) of this subsection, the term ''communicates false information'' means communicates information that is false and that the communicator knows is false, under circumstances in which the information may reasonably be expected to be believed.

(d) Whoever knowingly threatens, under circumstances in which the threat may reasonably be expected to be believed, that conduct that, if it occurred, would violate subsection (a) of this section will occur, shall be fined under this title or imprisoned not more than five years, or both.

(e) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties intentionally engages in any conduct in furtherance of such offense, shall be fined under this title or imprisoned not more than ten years, or both.

(f) In addition to any other agency which has authority to investigate violations of this section, the Food and Drug Administration and the Department of Agriculture, respectively, have authority to investigate violations of this section involving a consumer product that is regulated by a provision of law such Administration or Department, as the case may be, administers.

(g) As used in this section -

     (1) the term ''consumer product'' means -

     (A) any ''food'', ''drug'', ''device'', or ''cosmetic'', as those terms are respectively defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); or
     (B) any article, product, or commodity which is customarily produced or distributed for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which is designed to be consumed or expended in the course of such consumption or use;

     (2) the term ''labeling'' has the meaning given such term in section 201(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(m));
     (3) the term ''serious bodily injury'' means bodily injury which involves -

     (A) a substantial risk of death;
     (B) extreme physical pain;
     (C) protracted and obvious disfigurement; or
     (D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and

     (4) the term ''bodily injury'' means -

     (A) a cut, abrasion, bruise, burn, or disfigurement;
     (B) physical pain;
     (C) illness;
     (D) impairment of the function of a bodily member, organ, or mental faculty; or
     (E) any other injury to the body, no matter how temporary.

misc administrative details omitted

CODIFICATION
Another section 1365 was renumbered section 1366 of this title.

misc administrative details omitted

SHORT TITLE
Section 1 of Pub. L. 98-127 provided: ''That this Act (enacting this section and section 155A of Title 35, Patents) may be cited as the 'Federal Anti-Tampering Act'.''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 37, 38, 43, 113, 1153, 1347, 1993, 2119, 2332b, 3559, 3663A of this title;
title 8 section 1324;
title 49 section 30170.

18 USC Sec. 1366 Has Changes 01/22/02

Sec. 1366. Destruction of an energy facility

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (a) Whoever knowingly and willfully damages or attempts or conspires to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been completed have exceeded $100,000, or damages or attempts or conspires to damage the property of an energy facility in any amount and causes or attempts or conspires to cause a significant interruption or impairment of a function of an energy facility, shall be punishable by a fine under this title or imprisonment for not more than ~~ten years~~ 20 years, or both.
     (b) Whoever knowingly and willfully damages or attempts to damage the property of an energy facility in an amount that in fact exceeds or would if the attempted offense had been completed, or if the object of the conspiracy had been achieved, have exceeded $5,000 shall be punishable by a fine under this title, or imprisonment for not more than five years, or both.
     (c) For purposes of this section, the term ''energy facility'' means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in section 60101 of title 49.
     (d) Whoever is convicted of a violation of subsection (a) or (b) that has resulted in the death of any person shall be subject to imprisonment for any term of years or life.
(Next Changes->)
(Next Patriot II Changes->)

misc administrative details omitted

AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-56 (Patriot I), Sec. 810(b)(1), substituted ''20 years'' for ''ten years''.
Subsec. (d). Pub. L. 107-56, Sec. 810(b)(2), added subsec. (d).

other amendment details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2332b, 2339, 2339A, 2516 of this title.

18 USC Sec. 1510 Has Changes 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE

Sec. 1510. Obstruction of criminal investigations

(a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.
(b)

     (1) Whoever, being an officer of a financial institution, with the intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that financial institution, or information that has been furnished to the grand jury in response to that subpoena, shall be fined under this title or imprisoned not more than 5 years, or both.
     (2) Whoever, being an officer of a financial institution, directly or indirectly notifies -

     (A) a customer of that financial institution whose records are sought by a grand jury subpoena; or
     (B) any other person named in that subpoena;

about the existence or contents of that subpoena or information that has been furnished to the grand jury in response to that subpoena, shall be fined under this title or imprisoned not more than one year, or both.

     (3) As used in this subsection -

     (A) the term ''an officer of a financial institution'' means an officer, director, partner, employee, agent, or attorney of or for a financial institution; and
     (B) the term ''subpoena for records'' means a Federal grand jury subpoena or a Department of Justice subpoena (issued under section 3486 of title 18), for customer records that has been served relating to a violation of, or a conspiracy to violate -

     (i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, 1957, or chapter 53 of title 31; or
     (ii) section 1341 or 1343 affecting a financial institution.

(c) As used in this section, the term ''criminal investigator'' means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States.

(d)

     (1) Whoever -

     (A) acting as, or being, an officer, director, agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce, or
     (B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business,

with intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be fined as provided by this title or imprisoned not more than 5 years, or both.

     (2) As used in paragraph (1), the term ''subpoena for records'' means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 1033 of this title (insurance fraud).

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(e) Whoever violates section 2709(c)* or 2332f(d)* of this title, section 625(d)* or 626(c)* of the Fair Credit Reporting Act, section 1114(a)(3)* or (5)(D)* of the Right to Financial Privacy Act, section 802(b) of the National Security Act of 1947, or section 501(d) of the Foreign Intelligence Surveillance Act of 1978, shall be imprisoned for not more than one year, and if the violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than five years.
Notes: " or (5)(D)" prob refers to (a)(5)(D). Judging from the other references, "2332f(d)" appears to refer to 2332f of Title 18 version 2, as proposed by Patriot II. I suspect the remaining references contain similar material to these.
(Next Changes->)
(Next Patriot II Changes->)

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2516, 3142 of this title;
title 29 section 1111.

18 USC Sec. 1751 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 84 - PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION, KIDNAPPING, AND ASSAULT

Sec. 1751. Presidential and Presidential staff assassination, kidnapping, and assault; penalties

(a) Whoever kills

(1) any individual who is the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States, or
(2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President,

shall be punished as provided by sections 1111 and 1112 of this title.

(b) Whoever kidnaps any individual designated in subsection (a) of this section shall be punished

(1) by imprisonment for any term of years or for life, or
(2) by death or imprisonment for any term of years or for life, if death results to such individual.

(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life.

(d) If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished

(1) by imprisonment for any term of years or for life, or
(2) by death or imprisonment for any term of years or for life, if death results to such individual.

(e) Whoever assaults any person designated in subsection (a)(1) shall be fined under this title, or imprisoned not more than ten years, or both. Whoever assaults any person designated in subsection (a)(2) shall be fined under this title, or imprisoned not more than one year, or both; and if the assault involved the use of a dangerous weapon, or personal injury results, shall be fined under this title, or imprisoned not more than ten years, or both.

(f) The terms ''President-elect'' and ''Vice-President-elect'' as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2.

(g) The Attorney General of the United States, in his discretion is authorized to pay an amount not to exceed $100,000 for information and services concerning a violation of subsection (a)(1). Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this subsection.

(h) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated.

(i) Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

(j) In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an official protected by this section.

(k) There is extraterritorial jurisdiction over the conduct prohibited by this section.

misc administrative details omitted.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 209, 1956, 2332b, 2339A, 2516, 3286, 4247 of this title;
title 5 section 8112.

18 USC Sec. 1956 Has Changes 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 95 - RACKETEERING

Sec. 1956. Laundering of monetary instruments

(a)

     (1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity -

     (A)

     (i) with the intent to promote the carrying on of specified unlawful activity; or
     (ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or

     (B) knowing that the transaction is designed in whole or in part -

     (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
     (ii) to avoid a transaction reporting requirement under State or Federal law,

shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both.

     (2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States -

     (A) with the intent to promote the carrying on of specified unlawful activity; or
     (B) knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part -

     (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
     (ii) to avoid a transaction reporting requirement under State or Federal law,

shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than twenty years, or both. For the purpose of the offense described in subparagraph (B), the defendant's knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph (B) as true, and the defendant's subsequent statements or actions indicate that the defendant believed such representations to be true.

     (3) Whoever, with the intent -

     (A) to promote the carrying on of specified unlawful activity;
     (B) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or
     (C) to avoid a transaction reporting requirement under State or Federal law,

conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years, or both. For purposes of this paragraph and paragraph (2), the term ''represented'' means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section.

(<-- Previous Changes)
(b) Penalties. -

     (1) In general. - Whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of -

     ~~(1)~~(A) the value of the property, funds, or monetary instruments involved in the transaction; or
     ~~(2)~~(B) $10,000.

     (2) Jurisdiction over foreign persons. - For purposes of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, against whom the action is brought, if service of process upon the foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found, and -

     (A) the foreign person commits an offense under subsection (a) involving a financial transaction that occurs in whole or in part in the United States;
     (B) the foreign person converts, to his or her own use, property in which the United States has an ownership interest by virtue of the entry of an order of forfeiture by a court of the United States; or
     (C) the foreign person is a financial institution that maintains a bank account at a financial institution in the United States.

(<-- Previous Patriot II Changes)
     (3) Court authority over assets. - A court ~~described in paragraph (2)~~ (Pat II) may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section.
     (4) Federal receiver. -

     (A) In general. - A court ~~described in paragraph (2)~~ (Pat II) may appoint a Federal Receiver, in accordance with subparagraph (B) of this paragraph, to collect, marshal, and take custody, control, and possession of all assets of the defendant, wherever located, to satisfy a civil judgment under this subsection, a forfeiture judgment under section 981 or 982, or a criminal sentence under section 1957 or subsection (a) of this section, including an order of restitution to any victim of a specified unlawful activity.
     (B) Appointment and authority. - A Federal Receiver described in subparagraph (A) -
(Next Patriot II Changes->)

     (i) may be appointed upon application of a Federal prosecutor or a Federal or State regulator, by the court having jurisdiction over the defendant in the case;
     (ii) shall be an officer of the court, and the powers of the Federal Receiver shall include the powers set out in section 754 of title 28, United States Code; and
     (iii) shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting requests to obtain information regarding the assets of the defendant -

     (I) from the Financial Crimes Enforcement Network of the Department of the Treasury; or
     (II) from a foreign country pursuant to a mutual legal assistance treaty, multilateral agreement, or other arrangement for international law enforcement assistance, provided that such requests are in accordance with the policies and procedures of the Attorney General.
(Next Changes->)

     (1) the term ''knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity'' means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, Federal, or foreign law, regardless of whether or not such activity is specified in paragraph (7);
     (2) the term ''conducts'' includes initiating, concluding, or participating in initiating, or concluding a transaction;
     (3) the term ''transaction'' includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;
     (4) the term ''financial transaction'' means

     (A) a transaction which in any way or degree affects interstate or foreign commerce

     (i) involving the movement of funds by wire or other means or
     (ii) involving one or more monetary instruments, or
     (iii) involving the transfer of title to any real property, vehicle, vessel, or aircraft, or

     (B) a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree;

     (5) the term ''monetary instruments'' means

     (i) coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, and money orders, or
     (ii) investment securities or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery;
NOTE: Probably should be (A) and (B)

(<-- Previous Changes)
    ~~(6) the term 'financial institution' has the definition given that term in section 5312(a)(2) of title 31, United States Code, or the regulations promulgated thereunder;~~
     (6) the term ''financial institution'' includes -

     (A) any financial institution, as defined in section 5312(a)(2) of title 31, United States Code, or the regulations promulgated thereunder; and
     (B) any foreign bank, as defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101).

     (7) the term ''specified unlawful activity'' means -

     (A) any act or activity constituting an offense listed in section 1961(1) of this title except an act which is indictable under subchapter II of chapter 53 of title 31;
     (B) with respect to a financial transaction occurring in whole or in part in the United States, an offense against a foreign nation involving -

     (i) the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined for the purposes of the Controlled Substances Act);
     (ii) murder, kidnapping, robbery, extortion, ~~or destruction of property by means of explosive or fire~~ destruction of property by means of explosive or fire, or a crime of violence (as defined in section 16);
     (iii) fraud, or any scheme or attempt to defraud, by or against a foreign bank (as defined in paragraph 7 of section 1(b) of the International Banking Act of 1978)); (FOOTNOTE 1)
(FOOTNOTE 1) So in original. The second closing parenthesis probably should not appear.
     (iv) bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official;
     (v) smuggling or export control violations involving -

     (I) an item controlled on the United States Munitions List established under section 38 of the Arms Export Control Act (22 U.S.C. 2778); or
     (II) an item controlled under regulations under the Export Administration Regulations (15 C.F.R. Parts 730-774); or

     (vi) an offense with respect to which the United States would be obligated by a multilateral treaty, either to extradite the alleged offender or to submit the case for prosecution, if the offender were found within the territory of the United States;

     (C) any act or acts constituting a continuing criminal enterprise, as that term is defined in section 408 of the Controlled Substances Act (21 U.S.C. 848);

     (D) an offense under:
     section 32 (relating to the destruction of aircraft),
     section 37 (relating to violence at international airports),
     section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member),
     section 152 (relating to concealment of assets; false oaths and claims; bribery),
     section 215 (relating to commissions or gifts for procuring loans),
     section 351 (relating to congressional or Cabinet officer assassination),
     any of sections 500 through 503 (relating to certain counterfeiting offenses),
     section 513 (relating to securities of States and private entities),
     section 541 (relating to goods falsely classified),
     section 542 (relating to entry of goods by means of false statements),
     section 545 (relating to smuggling goods into the United States),
     section 549 (relating to removing goods from Customs custody),
     section 641 (relating to public money, property, or records),
     section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee),
     section 657 (relating to lending, credit, and insurance institutions),
     section 658 (relating to property mortgaged or pledged to farm credit agencies),
     section 666 (relating to theft or bribery concerning programs receiving Federal funds),
     section 793, 794, or 798 (relating to espionage),
     section 831 (relating to prohibited transactions involving nuclear materials),
     section 844(f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce),
     section 875 (relating to interstate communications),
     section 922(l) (relating to the unlawful importation of firearms),
     section 924(n) (relating to firearms trafficking),
     section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property (sic) in a foreign country), *it's actually "conspiracy to kill, kidnap, maim, or injure certain persons or damage property in a foreign country"
     section 1005 (relating to fraudulent bank entries),
     1006 (FOOTNOTE 2) (relating to fraudulent Federal credit institution entries),
     1007 (FOOTNOTE 2) (relating to Federal Deposit Insurance transactions),
     1014 (FOOTNOTE 2) (relating to fraudulent loan or credit applications),
     section 1030 (relating to computer fraud and abuse),
     1032 (FOOTNOTE 2) (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution),
     section 1111 (relating to murder),
     section 1114 (relating to murder of United States law enforcement officials),
     section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons),
     section 1201 (relating to kidnaping (sic)),
     section 1203 (relating to hostage taking),
     section 1361 (relating to willful injury of Government property),
     section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction),
     section 1708 (theft from the mail),
     section 1751 (relating to Presidential assassination),
     section 2113 or 2114 (relating to bank and postal robbery and theft),
     section 2280 (relating to violence against maritime navigation),
     section 2281 (relating to violence against maritime fixed platforms),
     section 2319 (relating to copyright infringement),
     section 2320 (relating to trafficking in counterfeit goods and services),, (FOOTNOTE 3)
     section 2332 (relating to terrorist acts abroad against United States nationals),
     section 2332a (relating to use of weapons of mass destruction),
     section 2332b (relating to international terrorist acts transcending national boundaries), or
(<-- Previous Patriot II Changes)
     section 2339A or 2339B* (relating to providing material support to terrorists), or section 2339C (relating to financing of terrorism) (ver 1) of this title,
     section 46502 of title 49, United States Code,, (FOOTNOTE 3)
     a felony violation of the Chemical Diversion and Trafficking Act of 1988 (relating to precursor and essential chemicals),
     section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation smuggling),
     section 422 of the Controlled Substances Act (relating to transportation of drug paraphernalia),
     section 38(c) (relating to criminal violations) of the Arms Export Control Act,
     section 11 (relating to violations) of the Export Administration Act of 1979,
     section 206 (relating to penalties) of the International Emergency Economic Powers Act,
     section 16 (relating to offenses and punishment) of the Trading with the Enemy Act,
     any felony violation of section 15 of the Food Stamp Act of 1977 (relating to food stamp fraud) involving a quantity of coupons having a value of not less than $5,000,
     any violation of section 543(a)(1) of the Housing Act of 1949 (relating to equity skimming),
     any felony violation of the Foreign Agents Registration Act of 1938,
     ~~or any felony violation of the Foreign Corrupt Practices Act~~ any felony violation of the Foreign Corrupt Practices Act, or any violation of section 208 of the Social Security Act (relating to obtaining funds through misuse of a social security number); or
(Next Changes->)
(Next Patriot II Changes->)
     (FOOTNOTE 2) So in original. Probably should be preceded by ''section''.
     (FOOTNOTE 3) So in original.

     ENVIRONMENTAL CRIMES
     (E) a felony violation of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Ocean Dumping Act (33 U.S.C. 1401 et seq.), the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), or the Resources Conservation and Recovery Act (42 U.S.C. 6901 et seq.).
     (F) Any (FOOTNOTE 4) act or activity constituting an offense involving a Federal health care offense.
(FOOTNOTE 4) So in original. Probably should not be capitalized.

     (8) the term ''State'' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(d) Nothing in this section shall supersede any provision of Federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this section.

(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Postal Service, and the Attorney General. Violations of this section involving offenses described in paragraph (c)(7)(E) may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.

(f) There is extraterritorial jurisdiction over the conduct prohibited by this section if -

(1) the conduct is by a United States citizen or, in the case of a non-United States citizen, the conduct occurs in part in the United States; and
(2) the transaction or series of related transactions involves funds or monetary instruments of a value exceeding $10,000.

(g) Notice of Conviction of Financial Institutions. - If any financial institution or any officer, director, or employee of any financial institution has been found guilty of an offense under this section, section 1957 or 1960 of this title, or section 5322 or 5324 of title 31, the Attorney General shall provide written notice of such fact to the appropriate regulatory agency for the financial institution.

(h) Any person who conspires to commit any offense defined in this section or section 1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

(<-- Previous Changes)
(i) Venue. -

     (1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be brought in -

     (A) any district in which the financial or monetary transaction is conducted; or
     (B) any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted.

     (2) A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the district where venue would lie for the completed offense under paragraph (1), or in any other district where an act in furtherance of the attempt or conspiracy took place.
     (3) For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place.

(<-- Previous Patriot II Changes)
(j)

(1) For the purposes of subsections (a)(1) and (a)(2), a transaction, transportation, transmission, or transfer of funds shall be considered to be one involving the proceeds of specified unlawful activity, if the transaction, transportation, transmission, or transfer is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity.
(2) As used in this section, a "dependent transaction" is one that completes or complements another transaction or one that would not have occurred but for another transaction.
Note: this is vs Hawalas as per Patriot II Sec 422.
(Next Changes->)
(Next Patriot II Changes->)

misc administrative details omitted

REFERENCES IN TEXT
(Where you may find the laws referred to in this section)
Sections 7201 and 7206 of the Internal Revenue Code of 1986, referred to in subsec. (a)(1)(A)(ii), are classified, respectively, to sections 7201 and 7206 of Title 26, Internal Revenue Code.

The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The Controlled Substances Act, referred to in subsec. (c)(7)(B)(i), (D), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. Section 422 of the Act is classified to section 863 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

The Chemical Diversion and Trafficking Act of 1988, referred to in subsec. (c)(7)(D), is subtitle A (Sec. 6051-6061) of title VI of Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4312. For complete classification of subtitle A to the Code, see Short Title of 1988 Amendment note set out under section 801 of Title 21, Food and Drugs, and Tables.

Section 38(c) of the Arms Export Control Act, referred to in subsec. (c)(7)(D), is classified to section 2778(c) of Title 22, Foreign Relations and Intercourse.

Section 11 of the Export Administration Act of 1979, referred to in subsec. (c)(7)(D), is classified to section 2410 of Title 50, Appendix, War and National Defense.

Section 206 of the International Emergency Economic Powers Act, referred to in subsec. (c)(7)(D), is classified to section 1705 of Title 50.

Section 16 of the Trading with the Enemy Act, referred to in subsec. (c)(7)(D), is classified to section 16 of Title 50, Appendix.

Section 15 of the Food Stamp Act of 1977, referred to in subsec. (c)(7)(D), is classified to section 2024 of Title 7, Agriculture.

Section 543(a)(1) of the Housing Act of 1949, referred to in subsec. (c)(7)(D), is classified to section 1490s(a)(1) of Title 42, The Public Health and Welfare.

The Foreign Agents Registration Act of 1938, referred to in subsec. (c)(7)(D), is act June 8, 1938, ch. 327, 52 Stat. 631, as amended, which is classified generally to subchapter II (Sec. 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables.

The Foreign Corrupt Practices Act, referred to in subsec. (c)(7)(D), probably means the ''Foreign Corrupt Practices Act of 1977, title I of Pub. L. 95-213, Dec. 19, 1977, 91 Stat. 1494, as amended, which enacted sections 78dd-1 and 78dd-2 of Title 15, Commerce and Trade, and amended sections 78m and 78ff of Title 15. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 78a of Title 15 and Tables.

The Federal Water Pollution Control Act, referred to in subsec. (c)(7)(E), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Ocean Dumping Act, referred to in subsec. (c)(7)(E), probably means title I of the Marine Protection, Research, and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86 Stat. 1053, as amended, which is classified generally to subchapter I (Sec. 1411 et seq.) of chapter 27 of Title 33. For complete classification of title I to the Code, see Tables.

The Act to Prevent Pollution from Ships, referred to in subsec. (c)(7)(E), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as amended, which is classified principally to chapter 33 (Sec. 1901 et seq.) of Title 33. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 33 and Tables.

The Safe Drinking Water Act, referred to in subsec. (c)(7)(E), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

The Resources Conservation and Recovery Act, referred to in subsec. (c)(7)(E), probably means the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796, as amended, which is classified generally to chapter 82 (Sec. 6901 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 6901 of Title 42 and Tables.

AMENDMENTS
2001 -
some amendment details omitted
Subsec. (c)(6). Pub. L. 107-56 (Patriot I), Sec. 318, added par. (6) and struck out former par. (6) which read as follows: ''the term 'financial institution' has the definition given that term in section 5312(a)(2) of title 31, United States Code, or the regulations promulgated thereunder;''.

Subsec. (c)(7)(B). Pub. L. 107-56, Sec. 315(1), substituted ''destruction of property by means of explosive or fire, or a crime of violence (as defined in section 16)'' for ''or destruction of property by means of explosive or fire'' in cl. (ii), inserted a closing parenthesis after ''1978'' in cl. (iii), and added cls. (iv) to (vi).

other amendment details omitted

TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective on and after the first day of fiscal year 2005 if Congress enacts a joint resolution that such amendments no longer have the force of law, see section 303 of Pub. L. 107-56, set out as a Four-Year Congressional Review; Expedited Consideration note under section 5311 of Title 31, Money and Finance.

other amendment details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982, 986, 1510, 1952, 1957, 1961, 2332d, 2516 of this title;
title 8 sections 1101, 1182;
title 12 sections 93, 1464, 1772d, 1785, 1786, 1818, 1821, 1829, 3105, 3413, 3420;
title 22 section 2714;
title 26 section 6050I;
title 28 sections 524, 2467;
title 31 sections 5328, 9703.

(Next: USC Title 18 Sec 1957-2325->)