(<-Previous: USC Title 18 Sec 1029-1956)
18 USC Sec. 1957 01/22/02
Extract of the United States Code, Title 18, Sec's 1957-2325.
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 95 - RACKETEERING
Sec. 1957. Engaging in monetary transactions in property derived from
specified unlawful activity
(a) Whoever, in any of the circumstances set forth in
subsection (d), knowingly engages or attempts to engage in a monetary
transaction in criminally derived property of a value greater than $10,000 and
is derived from specified unlawful activity, shall be punished as provided in
subsection (b).
(b)
(1) Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or imprisonment for not more than ten years or both.
(2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction.
(c) In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity.
(d) The circumstances referred to in subsection (a) are -
(1) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States; or
(2) that the offense under this section takes place outside the United States and such special jurisdiction, but the defendant is a United States person (as defined in section 3077 of this title, but excluding the class described in paragraph (2)(D) of such 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.
(f) As used in this section -
(1) the term ''monetary transaction'' means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument (as defined in section 1956(c)(5) of this title) by, through, or to a financial institution (as defined in section 1956 of this title), including any transaction that would be a financial transaction under section 1956(c)(4)(B) of this title, but such term does not include any transaction necessary to preserve a person's right to representation as guaranteed by the sixth amendment to the Constitution;
(2) the term ''criminally derived property'' means any property constituting, or derived from, proceeds obtained from a criminal offense; and
(3) the term ''specified unlawful activity'' has the meaning given that term in section 1956 of this title.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982, 986, 1510, 1952, 1956, 1961,
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 section 524;
title 31 sections 5328, 9703.
18 USC Sec. 1958 Has Changes 01/22/02
Sec. 1958. Use of interstate commerce facilities in the commission of
murder-for-hire
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(a) Whoever travels in or causes another (including the
intended victim) to travel in interstate or foreign commerce, or uses or causes
another (including the intended victim) to use the mail or any facility in
facility of interstate or foreign commerce, with intent that a murder be committed in
violation of the laws of any State or the United States as consideration for the
receipt of, or as consideration for a promise or agreement to pay, anything of
pecuniary value, or who conspires to do so, shall be fined under this title or
imprisoned for not more than ten years, or both; and if personal injury results,
shall be fined under this title or imprisoned for not more than twenty years, or
both; and if death results, shall be punished by death or life imprisonment, or
shall be fined not more than $250,000, or both.
(b) As used in this section and section 1959 -
(1) ''anything of pecuniary value'' means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage;
(2) ''facility of interstate or foreign commerce'' includes means of transportation and communication; and
(3) ''State'' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(Next Patriot II Changes->)
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2332b, 2516 of this title.
18 USC Sec. 1960 Has Changes 01/22/02
This entire section is altered in general by Patriot I:
Sec. 1960. Prohibition of unlicensed money transmitting businesses
(a) Whoever knowingly conducts, controls, manages,
supervises, directs, or owns all or part of an unlicensed money transmitting
business, shall be fined in accordance with this title or imprisoned not more
than 5 years, or both.
(b) As used in this section -
(1) the term ''unlicensed money transmitting business'' means a money transmitting business which affects interstate or foreign commerce in any manner or degree and -
(A) is operated without an appropriate money transmitting license in a State where such operation is punishable as a misdemeanor or a felony under State law, whether or not the defendant knew that the operation was required to be licensed or that the operation was so punishable;
(B) fails to comply with the money transmitting business registration requirements under section 5330 of title 31, United States Code, or regulations prescribed under such section; or
(C) otherwise involves the transportation or transmission of funds that are known to the defendant to have been derived from a criminal offense or are intended to be used to be used (FOOTNOTE 1) to promote or support unlawful activity;
(FOOTNOTE 1) So in original.(2) the term ''money transmitting'' includes transferring funds on behalf of the public by any and all means including but not limited to transfers within this country or to locations abroad by wire, check, draft, facsimile, or courier; and
(3) the term ''State'' means any State of the United States, the District of Columbia, the Northern Mariana Islands, and any commonwealth, territory, or possession of the United States.
(Next Changes->)
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982, 986, 1956 of this title;
title 12 sections 1786, 1818;
title 31 section 5328.
18 USC Sec. 1961 Has Changes 01/22/02
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
("RICO")
Sec. 1961. Definitions
As used in this chapter -
(1) ''racketeering activity'' means
(A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year;
(B) any act which is indictable under any of the following provisions of title 18, United States Code:
Section 201 (relating to bribery),
section 224 (relating to sports bribery),
sections 471, 472, and 473 (relating to counterfeiting),
section 659 (relating to theft from interstate shipment) if the act indictable under section 659 is felonious,
section 664 (relating to embezzlement from pension and welfare funds),
sections 891-894 (relating to extortionate credit transactions),
section 1028 (relating to fraud and related activity in connection with identification documents),
section 1029 (relating to fraud and related activity in connection with access devices),
section 1084 (relating to the transmission of gambling information),
section 1341 (relating to mail fraud),
section 1343 (relating to wire fraud),
section 1344 (relating to financial institution fraud),
section 1425 (relating to the procurement of citizenship or nationalization unlawfully),
section 1426 (relating to the reproduction of naturalization or citizenship papers),
section 1427 (relating to the sale of naturalization or citizenship papers),
sections 1461-1465 (relating to obscene matter),
section 1503 (relating to obstruction of justice),
section 1510 (relating to obstruction of criminal investigations),
section 1511 (relating to the obstruction of State or local law enforcement),
section 1512 (relating to tampering with a witness, victim, or an informant),
section 1513 (relating to retaliating against a witness, victim, or an informant),
section 1542 (relating to false statement in application and use of passport),
section 1543 (relating to forgery or false use of passport),
section 1544 (relating to misuse of passport),
section 1546 (relating to fraud and misuse of visas, permits, and other documents),
sections 1581-1588 (relating to peonage and slavery),
section 1951 (relating to interference with commerce, robbery, or extortion),
section 1952 (relating to racketeering),
section 1953 (relating to interstate transportation of wagering paraphernalia),
section 1954 (relating to unlawful welfare fund payments),
section 1955 (relating to the prohibition of illegal gambling businesses),
section 1956 (relating to the laundering of monetary instruments),
section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity),
section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire),
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
section 1960 (relating to illegal money transmitters),
sections 2251, 2251A, 2252, and 2260 (relating to sexual exploitation of children),
sections 2312 and 2313 (relating to interstate transportation of stolen motor vehicles),
sections 2314 and 2315 (relating to interstate transportation of stolen property),
section 2318 (relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works),
section 2319 (relating to criminal infringement of a copyright),
section 2319A (relating to unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances),
section 2320 (relating to trafficking in goods or services bearing counterfeit marks),
section 2321 (relating to trafficking in certain motor vehicles or motor vehicle parts),
sections 2341-2346 (relating to trafficking in contraband cigarettes),
sections 2421-24 (relating to white slave traffic),(C) any act which is indictable under title 29, United States Code, section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501(c) (relating to embezzlement from union funds),
(D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States,
(E) any act which is indictable under the Currency and Foreign Transactions Reporting Act,
or(Pat I)(F) any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 274A ( relating to unlawful employment of aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain, or
(G) any act that is indictable under any provision listed in section 2332b(g)(5)(B)*;
(Next Changes->)
(Next Patriot II Changes->)
(2) ''State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, any territory or
possession of the United States, any political subdivision, or any department,
agency, or instrumentality thereof;
(3) ''person'' includes any individual or entity
capable of holding a legal or beneficial interest in property;
(4) ''enterprise'' includes any individual,
partnership, corporation, association, or other legal entity, and any union or
group of individuals associated in fact although not a legal entity;
(5) ''pattern of racketeering activity'' requires at
least two acts of racketeering activity, one of which occurred after the
effective date of this chapter and the last of which occurred within ten years
(excluding any period of imprisonment) after the commission of a prior act of
racketeering activity;
(6) ''unlawful debt'' means a debt
(A) incurred or contracted in gambling activity which was in violation of the law of the United States, a State or political subdivision thereof, or which is unenforceable under State or Federal law in whole or in part as to principal or interest because of the laws relating to usury, and
(B) which was incurred in connection with the business of gambling in violation of the law of the United States, a State or political subdivision thereof, or the business of lending money or a thing of value at a rate usurious under State or Federal law, where the usurious rate is at least twice the enforceable rate;
(7) ''racketeering investigator'' means any attorney
or investigator so designated by the Attorney General and charged with the duty
of enforcing or carrying into effect this chapter;
(8) ''racketeering investigation'' means any inquiry
conducted by any racketeering investigator for the purpose of ascertaining
whether any person has been involved in any violation of this chapter or of any
final order, judgment, or decree of any court of the United States, duly entered
in any case or proceeding arising under this chapter;
(9) ''documentary material'' includes any book, paper,
document, record, recording, or other material; and
(10) ''Attorney General'' includes the Attorney General
of the United States, the Deputy Attorney General of the United States, the
Associate Attorney General of the United States, any Assistant Attorney General
of the United States, or any employee of the Department of Justice or any
employee of any department or agency of the United States so designated by the
Attorney General to carry out the powers conferred on the Attorney General by
this chapter. Any department or agency so designated may use in investigations
authorized by this chapter either the investigative provisions of this chapter
or the investigative power of such department or agency otherwise conferred by
law.
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REFERENCES IN TEXT
(Where you may find the
laws referred to in this section)
Section 102 of the Controlled Substances Act, referred
to in par. (1)(A), (D), is classified to section 802 of Title 21, Food and
Drugs.
The Currency and Foreign Transactions Reporting Act,
referred to in par. (1)(E), is title II of Pub. L. 91-508, Oct. 26, 1970, 84
Stat. 1118, which was repealed and reenacted as subchapter II of chapter 53 of
Title 31, Money and Finance, by Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31.
The Immigration and Nationality Act, referred to in
par. (1)(F), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and
Nationality. Sections 274, 277, and 278 of the Act are classified to sections
1324, 1327, and 1328 of Title 8, respectively. For complete classification of
this Act to the Code, see Short Title note set out under section 1101 of Title 8
and Tables.
The effective date of this chapter, referred to in par.
(5), is Oct. 15, 1970.
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SHORT TITLE
Section 1 of Pub. L. 91-452 provided in part: ''That this Act (enacting this
section, sections // (long list of various U.S. Code sections follows) ... may
be cited as the 'Organized Crime Control Act of 1970'.''
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CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE
Section 1 of Pub. L. 91-452 provided in part that:
''The Congress finds that
(1) organized crime in the United States is a highly
sophisticated, diversified, and widespread activity that annually drains
billions of dollars from America's economy by unlawful conduct and the illegal
use of force, fraud, and corruption;
(2) organized crime derives a major portion of its
power through money obtained from such illegal endeavors as syndicated gambling,
loan sharking, the theft and fencing of property, the importation and
distribution of narcotics and other dangerous drugs, and other forms of social
exploitation;
(3) this money and power are increasingly used to
infiltrate and corrupt legitimate business and labor unions and to subvert and
corrupt our democratic processes;
(4) organized crime activities in the United States
weaken the stability of the Nation's economic system, harm innocent investors
and competing organizations, interfere with free competition, seriously burden
interstate and foreign commerce, threaten the domestic security, and undermine
the general welfare of the Nation and its citizens; and
(5) organized crime continues to grow because of
defects in the evidence-gathering process of the law inhibiting the development
of the legally admissible evidence necessary to bring criminal and other
sanctions or remedies to bear on the unlawful activities of those engaged in
organized crime and because the sanctions and remedies available to the
Government are unnecessarily limited in scope and impact.
''It is the purpose of this Act (see Short Title note above) to seek the
eradication of organized crime in the United States by strengthening the legal
tools in the evidence-gathering process, by establishing new penal prohibitions,
and by providing enhanced sanctions and new remedies to deal with the unlawful
activities of those engaged in organized crime.''
LIBERAL CONSTRUCTION OF PROVISIONS; SUPERSEDURE OF FEDERAL OR STATE LAWS;
AUTHORITY OF ATTORNEYS REPRESENTING UNITED STATES
Section 904 of title IX of Pub. L. 91-452 provided that:
''(a) The provisions of this title (enacting this
chapter and amending sections 1505, 2516, and 2517 of this title) shall be
liberally construed to effectuate its remedial purposes.
''(b) Nothing in this title 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 title.
''(c) Nothing contained in this title shall impair the
authority of any attorney representing the United States to -
''(1) lay before any grand jury impaneled by any district court of the United States any evidence concerning any alleged racketeering violation of law;
''(2) invoke the power of any such court to compel the production of any evidence before any such grand jury; or
''(3) institute any proceeding to enforce any order or process issued in execution of such power or to punish disobedience of any such order or process by any person.''
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 924, 1956, 1959 of this title;
title 7 section 12a.
18 USC Sec. 1992 Has Changes 01/22/02
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 97 - RAILROADS
Sec. 1992. Wrecking trains
(<-- Previous Changes)
(a) Whoever willfully derails, disables, or wrecks any
train, engine, motor unit, or car used, operated, or employed in interstate or
foreign commerce by any railroad; or
Whoever willfully sets fire to, or places any explosive substance on or near, or undermines any tunnel, bridge, viaduct, trestle, track, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of any such railroad in interstate or foreign commerce, or otherwise makes any such tunnel, bridge, viaduct, trestle, track, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance unworkable or unusable or hazardous to work or use, with the intent to derail, disable, or wreck a train, engine, motor unit, or car used, operated, or employed in interstate or foreign commerce; or
Whoever willfully attempts to do any of the aforesaid acts or things -
Shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever is convicted of a violation of
subsection (a) that has resulted in the death of any person, shall be subject
also to the death penalty or to imprisonment for life.
Whoever is convicted of any such violation involving a
train that, at the time the violation occurred, carried high-level radioactive
waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(12))) or spent nuclear fuel (as that term is defined in
section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))),
shall be fined under this title and imprisoned for any term or (FOOTNOTE 1)
years not less than 30, or for life.
(FOOTNOTE 1) So in original. Probably should be ''of''.
(c) A person who conspires to commit any offense defined in this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2332b, 2339A, 2516, 3592 of this title.
18 USC Sec. 1993 Added By Patriot I 01/22/02
Sec. 1993. Terrorist attacks and other acts of
violence against mass transportation systems on
land, water, or through the air
(<-- Previous Patriot II Changes)
(a) General Prohibitions. - Whoever willfully -
(1) wrecks, derails, sets fire to, or disables a mass transportation vehicle or ferry;
(2) places or causes to be placed any biological agent or toxin for use as a weapon, destructive substance, or destructive device in, upon, or near a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life;
(3) sets fire to, or places any biological agent or toxin for use as a weapon, destructive substance, or destructive device in, upon, or near any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and knowing or having reason to know such activity would likely derail, disable, or wreck a mass transportation vehicle or ferry used, operated, or employed by the mass transportation provider;
(4) removes appurtenances from, damages, or otherwise impairs the operation of a mass transportation signal system, including a train control system, centralized dispatching system, or rail grade crossing warning signal without authorization from the mass transportation provider;
(5) interferes with, disables, or incapacitates any dispatcher, driver, captain, or person while they are employed in dispatching, operating, or maintaining a mass transportation vehicle or ferry, with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life;
(6) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to an employee or passenger of a mass transportation provider or any other person while any of the foregoing are on the property of a mass transportation provider;
(7) conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this subsection; or
(8) attempts, threatens, or conspires to do any of the aforesaid acts,
shall be fined under this title or imprisoned not more than twenty years, or both, if such act is committed, or in the case of a threat or conspiracy such act would be committed, on, against, or affecting a mass transportation provider engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act.
(b) Aggravated Offense. - Whoever commits an offense under subsection (a) in a circumstance in which -
(1) the mass transportation vehicle or ferry was carrying a passenger at the time of the offense; or
(2) the offense has resulted in the death of any person, shall be guilty of an aggravated form of the offense and shall be fined under this title or imprisoned for a term of years or for life, or both.
(c) Definitions. - In this section -
(1) the term ''biological agent'' has the meaning given to that term in section 178(1) of this title;
(2) the term ''dangerous weapon'' has the meaning given to that term in section 930 of this title;
(3) the term ''destructive device'' has the meaning given to that term in section 921(a)(4) of this title;
(4) the term ''destructive substance'' has the meaning given to that term in section 31 of this title;
(5) the term ''mass transportation'' has the meaning given to that term in section 5302(a)(7) of title 49, United States Code, except that the term shall include schoolbus, charter, and sightseeing transportation;
(6) the term ''serious bodily injury'' has the meaning given to that term in section 1365 of this title;
(7) the term ''State'' has the meaning given to that term in section 2266 of this title;and(Pat II)
(8) the term ''toxin'' has the meaning given to that term in section 178(2) of this title; and
(9) The term 'vehicle' means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, water, or throughout the air. Note: Patriot II Sec 406(a)(3) simply calls out " Section 1993 of Title 18... paragraph (7)" but the edit seems to fit here, in 1993(c). See comments in Patriot II Sec 406 narrative as to why this item is proposed.
-SOURCE-
(Added Pub. L. 107-56 (Patriot I),
title VIII, Sec. 801, Oct. 26, 2001, 115 Stat. 374.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2332b, 2339A of this title.
(Next Changes->)
(Next Patriot II Changes->)
18 USC Sec. 2152 01/22/02
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 105 - SABOTAGE
Sec. 2152. Fortifications, harbor defenses, or defensive sea areas
Whoever willfully trespasses upon, injures, or destroys
any of the works or property or material of any submarine mine or torpedo or
fortification or harbor-defense system owned or constructed or in process of
construction by the United States; or
Whoever willfully interferes with the operation or use
of any such submarine mine, torpedo, fortification, or harbor-defense system; or
Whoever knowingly, willfully, or wantonly violates any
duly authorized and promulgated order or regulation of the President governing
persons or vessels within the limits of defensive sea areas, which the
President, for purposes of national defense, may from time to time establish by
executive order -
Shall be fined under this title or imprisoned not more than five years, or both.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 14, 2332b of this title.
18 USC Sec. 2155 Has Changes 01/22/02
Sec. 2155. Destruction of national-defense materials, national-defense
premises, or national-defense utilities
(<-- Previous Changes)
(a) Whoever, with intent to injure, interfere with, or
obstruct the national defense of the United States, willfully injures, destroys,
contaminates or infects, or attempts to so injure, destroy, contaminate or
infect any national-defense material, national-defense premises, or
national-defense utilities, shall be fined under this title or imprisoned not
more than ten years 20 years,
or both, and, if death results to any person, shall be
imprisoned for any term of years or for life.
(Next Changes->)
(b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section.
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AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-56 (Patriot
I) substituted ''20 years'' for ''ten years'' and inserted '', and, if
death results to any person, shall be imprisoned for any term of years or for
life'' before period at end.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 14, 2332b, 2339A of this title.
18 USC Sec. 2156 01/22/02
Sec. 2156. Production of defective national-defense material,
national-defense premises, or national-defense utilities
(a) Whoever, with intent to injure, interfere with, or
obstruct the national defense of the United States, willfully makes, constructs,
or attempts to make or construct in a defective manner, any national-defense
material, national-defense premises or national-defense utilities, or any tool,
implement, machine, utensil, or receptacle used or employed in making,
producing, manufacturing, or repairing any such national-defense material,
national-defense premises or national-defense utilities, shall be fined under
this title or imprisoned not more than ten years, or both.
(b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 14, 2332b, 2339A of this title.
18 USC Sec. 2245 01/22/02
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE
Sec. 2245. Sexual abuse resulting in death
A person who, in the course of an offense under this
chapter, engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or for life.
Sexual abuse offenses are defined and
discussed in 18 USC Sections 2241 - 2248.
-SOURCE-
(Added Pub. L. 103-322, title VI, Sec. 60010(a)(2), Sept. 13, 1994, 108 Stat.
1972.)
PRIOR PROVISIONS
A prior section 2245 was renumbered section 2246 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 42 section 14135a.
18 USC Sec. 2251 01/22/02
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Sec. 2251. Sexual exploitation of children
(a) Any person who employs, uses, persuades, induces,
entices, or coerces any minor to engage in, or who has a minor assist any other
person to engage in, or who transports any minor in interstate or foreign
commerce, or in any Territory or Possession of the United States, with the
intent that such minor engage in, any sexually explicit conduct for the purpose
of producing any visual depiction of such conduct, shall be punished as provided
under subsection (d), if such person knows or has reason to know that such
visual depiction will be transported in interstate or foreign commerce or
mailed, if that visual depiction was produced using materials that have been
mailed, shipped, or transported in interstate or foreign commerce by any means,
including by computer, or if such visual depiction has actually been transported
in interstate or foreign commerce or mailed.
(b) Any parent, legal guardian, or person having custody or control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct shall be punished as provided under subsection (d) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.
(c)
(1) Any person who, in a circumstance described in paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering -
(A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or
(B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct;shall be punished as provided under subsection (d).
(2) The circumstance referred to in paragraph (1) is that -
(A) such person knows or has reason to know that such notice or advertisement will be transported in interstate or foreign commerce by any means including by computer or mailed; or
(B) such notice or advertisement is transported in interstate or foreign commerce by any means including by computer or mailed.
(d) Any individual who violates, or attempts or
conspires to violate, this section shall be fined under this title or imprisoned
not less than 10 years nor more than 20 years, and (FOOTNOTE 1) both, but if
such person has one prior conviction under this chapter, chapter 109A, or
chapter 117, or under the laws of any State relating to the sexual exploitation
of children, such person shall be fined under this title and imprisoned for not
less than 15 years nor more than 30 years, but if such person has 2 or more
prior convictions under this chapter, chapter 109A, or chapter 117, or under the
laws of any State relating to the sexual exploitation of children, such person
shall be fined under this title and imprisoned not less than 30 years nor more
than life. Any organization that violates, or attempts or conspires to violate,
this section shall be fined under this title. Whoever, in the course of an
offense under this section, engages in conduct that results in the death of a
person, shall be punished by death or imprisoned for any term of years or for
life.
(FOOTNOTE 1) So in original. Probably should be ''or''.
misc administrative
details omitted
SHORT TITLE
Section 1 of Pub. L. 95-225 provided: ''That this Act (enacting this chapter and
amending section 2423 of this title) may be cited as the 'Protection of Children
Against Sexual Exploitation Act of 1977'.''
misc administrative details
omitted
CONGRESSIONAL FINDINGS
Section 101(a) (title I, Sec. 121(1)) of Pub. L. 104-208 provided that:
''Congress finds that -
''(1) the use of children in the production of
sexually explicit material, including photographs, films, videos, computer
images, and other visual depictions, is a form of sexual abuse which can result
in physical or psychological harm, or both, to the children involved;
''(2) where children are used in its production, child
pornography permanently records the victim's abuse, and its continued existence
causes the child victims of sexual abuse continuing harm by haunting those
children in future years;
''(3) child pornography is often used as part of a
method of seducing other children into sexual activity; a child who is reluctant
to engage in sexual activity with an adult, or to pose for sexually explicit
photographs, can sometimes be convinced by viewing depictions of other children
'having fun' participating in such activity;
''(4) child pornography is often used by pedophiles and
child sexual abusers to stimulate and whet their own sexual appetites, and as a
model for sexual acting out with children; such use of child pornography can
desensitize the viewer to the pathology of sexual abuse or exploitation of
children, so that it can become acceptable to and even preferred by the viewer;
''(5) new photographic and computer imagining (sic)
technologies make it possible to produce by electronic, mechanical, or other
means, visual depictions of what appear to be children engaging in sexually
explicit conduct that are virtually indistinguishable to the unsuspecting viewer
from unretouched photographic images of actual children engaging in sexually
explicit conduct;
''(6) computers and computer imaging technology can be
used to -
''(A) alter sexually explicit photographs, films, and videos in such a way as to make it virtually impossible for unsuspecting viewers to identify individuals, or to determine if the offending material was produced using children;
''(B) produce visual depictions of child sexual activity designed to satisfy the preferences of individual child molesters, pedophiles, and pornography collectors; and
''(C) alter innocent pictures of children to create visual depictions of those children engaging in sexual conduct;
''(7) the creation or distribution of child
pornography which includes an image of a recognizable minor invades the child's
privacy and reputational interests, since images that are created showing a
child's face or other identifiable feature on a body engaging in sexually
explicit conduct can haunt the minor for years to come;
''(8) the effect of visual depictions of child sexual
activity on a child molester or pedophile using that material to stimulate or
whet his own sexual appetites, or on a child where the material is being used as
a means of seducing or breaking down the child's inhibitions to sexual abuse or
exploitation, is the same whether the child pornography consists of photographic
depictions of actual children or visual depictions produced wholly or in part by
electronic, mechanical, or other means, including by computer, which are
virtually indistinguishable to the unsuspecting viewer from photographic images
of actual children;
''(9) the danger to children who are seduced and
molested with the aid of child sex pictures is just as great when the child
pornographer or child molester uses visual depictions of child sexual activity
produced wholly or in part by electronic, mechanical, or other means, including
by computer, as when the material consists of unretouched photographic images of
actual children engaging in sexually explicit conduct;
''(10)
''(A) the existence of and traffic in child pornographic images creates the potential for many types of harm in the community and presents a clear and present danger to all children; and
''(B) it inflames the desires of child molesters, pedophiles, and child pornographers who prey on children, thereby increasing the creation and distribution of child pornography and the sexual abuse and exploitation of actual children who are victimized as a result of the existence and use of these materials;
''(11)
''(A) the sexualization and eroticization of minors through any form of child pornographic images has a deleterious effect on all children by encouraging a societal perception of children as sexual objects and leading to further sexual abuse and exploitation of them; and
''(B) this sexualization of minors creates an unwholesome environment which affects the psychological, mental and emotional development of children and undermines the efforts of parents and families to encourage the sound mental, moral and emotional development of children;
''(12) prohibiting the possession and viewing of
child pornography will encourage the possessors of such material to rid
themselves of or destroy the material, thereby helping to protect the victims of
child pornography and to eliminate the market for the sexual exploitative use of
children; and
''(13) the elimination of child pornography and the
protection of children from sexual exploitation provide a compelling
governmental interest for prohibiting the production, distribution, possession,
sale, or viewing of visual depictions of children engaging in sexually explicit
conduct, including both photographic images of actual children engaging in such
conduct and depictions produced by computer or other means which are virtually
indistinguishable to the unsuspecting viewer from photographic images of actual
children engaging in such conduct.''
Section 101(b) (title VII, Sec. 702) of Pub. L. 99-500 and Pub. L. 99-591
provided that: ''The Congress finds that -
''(1) child exploitation has become a multi-million
dollar industry, infiltrated and operated by elements of organized crime, and by
a nationwide network of individuals openly advertising their desire to exploit
children;
''(2) Congress has recognized the physiological,
psychological, and emotional harm caused by the production, distribution, and
display of child pornography by strengthening laws prescribing such activity;
''(3) the Federal Government lacks sufficient
enforcement tools to combat concerted efforts to exploit children prescribed by
Federal law, and exploitation victims lack effective remedies under Federal law;
and
''(4) current rules of evidence, criminal procedure,
and civil procedure and other courtroom and investigative procedures inhibit the
participation of child victims as witnesses and damage their credibility when
they do testify, impairing the prosecution of child exploitation offenses.''
Section 2 of Pub. L. 98-292 provided that: ''The Congress finds that -
''(1) child pornography has developed into a highly
organized, multi-million-dollar industry which operates on a nationwide scale;
''(2) thousands of children including large numbers of
runaway and homeless youth are exploited in the production and distribution of
pornographic materials; and
''(3) the use of children as subjects of pornographic
materials is harmful to the physiological, emotional, and mental health of the
individual child and to society.''
misc administrative details
omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2253, 2254, 2255, 2516, 3486, 3559
of this title;
title 8 section 1101;
title 42 sections 2000aa, 13032, 14135a.
18 USC Sec. 2251A 01/22/02
Sec. 2251A. Selling or buying of children
(a) Any parent, legal guardian, or other person having
custody or control of a minor who sells or otherwise transfers custody or
control of such minor, or offers to sell or otherwise transfer custody of such
minor either -
(1) with knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or
(2) with intent to promote either -(A) the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or
(B) the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;
shall be punished by imprisonment for not less than 20 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist.
(b) Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor either -
(1) with knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or
(2) with intent to promote either -(A) the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or
(B) the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;
shall be punished by imprisonment for not less than 20 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist.
(c) The circumstances referred to in subsections (a) and (b) are that -
(1) in the course of the conduct described in such subsections the minor or the actor traveled in or was transported in interstate or foreign commerce;
(2) any offer described in such subsections was communicated or transported in interstate or foreign commerce by any means including by computer or mail; or
(3) the conduct described in such subsections took place in any territory or possession of the United States.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7512(a), Nov. 18, 1988, 102 Stat. 4486.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2253, 2254, 2255, 3486 of this
title;
title 8 section 1101;
title 42 sections 2000aa, 13032, 14135a.
18 USC Sec. 2252A
01/22/02
Sec. 2252A. Certain activities relating to material constituting or
containing child pornography
(a) Any person who -
(1) knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography;
(2) knowingly receives or distributes -(A) any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(B) any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;(3) knowingly reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer;
(4) either -(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or
(B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or(5) either -
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or
(B) knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer,
shall be punished as provided in subsection (b).
(b)
(1) Whoever violates, or attempts or conspires to violate, paragraphs (FOOTNOTE 1) (1), (2), (3), or (4) of subsection (a) shall be fined under this title or imprisoned not more than 15 years, or both, but, if such person has a prior conviction under this chapter, chapter 109A, or chapter 117, or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 5 years nor more than 30 years.
(FOOTNOTE 1) So in original. Probably should be ''paragraph''.
(2) Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title or imprisoned not more than 5 years, or both, but, if such person has a prior conviction under this chapter, chapter 109A, or chapter 117, or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 2 years nor more than 10 years.
(c) It shall be an affirmative defense to a charge of violating paragraphs (FOOTNOTE 1) (1), (2), (3), or (4) of subsection (a) that -
(1) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct;
(2) each such person was an adult at the time the material was produced; and
(3) the defendant did not advertise, promote, present, describe, or distribute the material in such a manner as to convey the impression that it is or contains a visual depiction of a minor engaging in sexually explicit conduct.
(d) Affirmative Defense. - It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant -
(1) possessed less than three images of child pornography; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof -(A) took reasonable steps to destroy each such image; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.
misc administrative
details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2253, 2254, 2255, 3486 of this title;
title 42 sections 2000aa, 13032.
18 USC Sec. 2266 01/22/02
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING
Sec. 2266. Definitions
In this chapter:
(1) Bodily injury. - The term ''bodily injury'' means
any act, except one done in self-defense, that results in physical injury or
sexual abuse.
(2) Course of conduct. - The term ''course of conduct''
means a pattern of conduct composed of 2 or more acts, evidencing a continuity
of purpose.
(3) Enter or leave indian country. - The term ''enter
or leave Indian country'' includes leaving the jurisdiction of 1 tribal
government and entering the jurisdiction of another tribal government.
(4) Indian country. - The term ''Indian country'' has
the meaning stated in section 1151 of this title.
(5) Protection order. - The term ''protection order''
includes any injunction or other order issued for the purpose of preventing
violent or threatening acts or harassment against, or contact or communication
with or physical proximity to, another person, including any temporary or final
order issued by a civil and criminal court (other than a support or child
custody order issued pursuant to State divorce and child custody laws, except to
the extent that such an order is entitled to full faith and credit under other
Federal law) whether obtained by filing an independent action or as a pendente
lite order in another proceeding so long as any civil order was issued in
response to a complaint, petition, or motion filed by or on behalf of a person
seeking protection.
(6) Serious bodily injury. - The term ''serious bodily
injury'' has the meaning stated in section 2119(2).
(7) Spouse or intimate partner. - The term ''spouse or
intimate partner'' includes -
(A) for purposes of -
(i) sections other than 2261A, a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; and
(ii) section 2261A, a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; and(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides.
(8) State. - The term ''State'' includes a State of
the United States, the District of Columbia, and a commonwealth, territory, or
possession of the United States.
(9) Travel in interstate or foreign commerce. - The
term ''travel in interstate or foreign commerce'' does not include travel from 1
State to another by an individual who is a member of an Indian tribe and who
remains at all times in the territory of the Indian tribe of which the
individual is a member.
misc administrative
details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1993 of this title;
title 42 sections 3796gg-5, 3796hh.
18 USC Sec. 2280 01/22/02
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 111 - SHIPPING
Sec. 2280. Violence against maritime navigation
(a) Offenses. -
(1) In general. - A person who unlawfully and intentionally -
(A) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation;
(B) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship;
(C) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship;
(D) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship;
(E) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if such act is likely to endanger the safe navigation of a ship;
(F) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a ship;
(G) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (F); or
(H) attempts or conspires to do any act prohibited under subparagraphs (A) through (G),shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this paragraph, shall be punished by death or imprisoned for any term of years or for life.
(2) Threat to navigation. - A person who threatens to do any act prohibited under paragraph (1)(B), (C) or (E), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safe navigation of the ship in question, shall be fined under this title, imprisoned not more than 5 years, or both.
(b) Jurisdiction. - There is jurisdiction over the activity prohibited in subsection (a) -
(1) in the case of a covered ship, if -
(A) such activity is committed -
(i) against or on board a ship flying the flag of the United States at the time the prohibited activity is committed;
(ii) in the United States; or
(iii) by a national of the United States or by a stateless person whose habitual residence is in the United States;(B) during the commission of such activity, a national of the United States is seized, threatened, injured or killed; or
(C) the offender is later found in the United States after such activity is committed;(2) in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; and
(3) in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act.
(c) Bar To Prosecution. - It is a bar to Federal
prosecution under subsection (a) for conduct that occurred within the United
States that the conduct involved was during or in relation to a labor dispute,
and such conduct is prohibited as a felony under the law of the State in which
it was committed. For purposes of this section, the term ''labor dispute'' has
the meaning set forth in section 2(c) (FOOTNOTE 1) of the Norris-LaGuardia Act,
as amended (29 U.S.C. 113(c)).
(FOOTNOTE 1) So in original. Probably should be section ''13(c)''.
(d) Delivery of Suspected Offender. - The master of a covered ship flying the flag of the United States who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under Article 3 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation may deliver such person to the authorities of a State Party to that Convention. Before delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a State Party to the Convention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master's intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master's possession that pertains to the alleged offense.
(e) Definitions. - In this section -
''covered ship'' means a ship that is navigating
or is scheduled to navigate into, through or from waters beyond the outer limit
of the territorial sea of a single country or a lateral limit of that country's
territorial sea with an adjacent country.
''national of the United States'' has the
meaning stated in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
''territorial sea of the United States'' means
all waters extending seaward to 12 nautical miles from the baselines of the
United States determined in accordance with international law.
''ship'' means a vessel of any type whatsoever
not permanently attached to the sea-bed, including dynamically supported craft,
submersibles or any other floating craft, but does not include a warship, a ship
owned or operated by a government when being used as a naval auxiliary or for
customs or police purposes, or a ship which has been withdrawn from navigation
or laid up.
''United States'', when used in a geographical
sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands and all territories and possessions of the United
States.
misc administrative
details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2332b, 2339, 2339A, 3592 of this
title.
18 USC Sec. 2281 01/22/02
Sec. 2281. Violence against maritime fixed platforms
(a) Offenses. -
(1) In general. - A person who unlawfully and intentionally -
(A) seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation;
(B) performs an act of violence against a person on board a fixed platform if that act is likely to endanger its safety;
(C) destroys a fixed platform or causes damage to it which is likely to endanger its safety;
(D) places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety;
(E) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (D); or
(F) attempts or conspires to do anything prohibited under subparagraphs (A) through (E),shall be fined under this title, imprisoned not more than 20 years, or both; and if death results to any person from conduct prohibited by this paragraph, shall be punished by death or imprisoned for any term of years or for life.
(2) Threat to safety. - A person who threatens to do anything prohibited under paragraph (1)(B) or (C), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safety of the fixed platform, shall be fined under this title, imprisoned not more than 5 years, or both.
(b) Jurisdiction. - There is jurisdiction over the activity prohibited in subsection (a) if -
(1) such activity is committed against or on board a fixed platform -
(A) that is located on the continental shelf of the United States;
(B) that is located on the continental shelf of another country, by a national of the United States or by a stateless person whose habitual residence is in the United States; or
(C) in an attempt to compel the United States to do or abstain from doing any act;(2) during the commission of such activity against or on board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured or killed; or
(3) such activity is committed against or on board a fixed platform located outside the United States and beyond the continental shelf of the United States and the offender is later found in the United States.
(c) Bar To Prosecution. - It is a bar to Federal
prosecution under subsection (a) for conduct that occurred within the United
States that the conduct involved was during or in relation to a labor dispute,
and such conduct is prohibited as a felony under the law of the State in which
it was committed. For purposes of this section, the term ''labor dispute'' has
the meaning set forth in section 2(c) (FOOTNOTE 1) of the Norris-LaGuardia Act,
as amended (29 U.S.C. 113(c)), and the term ''State'' means a State of the
United States, the District of Columbia, and any commonwealth, territory, or
possession of the United States.
(FOOTNOTE 1) So in original. Probably should be section ''13(c)''.
(d) Definitions. - In this section -
''continental shelf'' means the sea-bed and
subsoil of the submarine areas that extend beyond a country's territorial sea to
the limits provided by customary international law as reflected in Article 76 of
the 1982 Convention on the Law of the Sea.
''fixed platform'' means an artificial island,
installation or structure permanently attached to the sea-bed for the purpose of
exploration or exploitation of resources or for other economic purposes.
''national of the United States'' has the
meaning stated in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
''territorial sea of the United States'' means
all waters extending seaward to 12 nautical miles from the baselines of the
United States determined in accordance with international law.
''United States'', when used in a geographical
sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands and all territories and possessions of the United
States.
misc administrative
details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1956, 2332b, 2339A, 3592 of this title.
18 USC Sec. 2325 Has Changes 01/22/02
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113A - TELEMARKETING FRAUD
Sec. 2325. Definition
(<-- Previous Changes)
In this chapter, ''telemarketing'' -
(1) means a plan, program, promotion, or campaign that is conducted to induce -
(A) purchases of goods or services;
or(Pat I)
(B) participation in a contest or sweepstakes; or
(C) a charitable contribution, donation, or gift of money or any other thing of value,by use of 1 or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor, or donor; but
(2) does not include the solicitation of sales through the mailing of a catalog that -
(A) contains a written description or illustration of the goods or services offered for sale;
(B) includes the business address of the seller;
(C) includes multiple pages of written material or illustration; and
(D) has been issued not less frequently than once a year,
if the person making the solicitation does not
solicit customers by telephone but only receives calls initiated by customers in
response to the catalog and during those calls takes orders without further
solicitation.
(Next Changes->)
misc administrative
details omitted
SHORT TITLE
Section 250001 of title XXV of Pub. L. 103-322 provided that:
''This Act (probably should be ''title'', meaning title XXV (Sec.250001-250008)
of Pub. L. 103-322, which enacted this chapter,amended sections 1029, 1341, and
3059 of this title, and enacted provisions set out as notes under this section
and section 994 of Title 28, Judiciary and Judicial Procedure) may be cited as
the 'Senior Citizens Against Marketing Scams Act of 1994'.''
INFORMATION NETWORK
Section 250008 of title XXV of Pub. L. 103-322, as amended by Pub. L. 104-294,
title VI, Sec. 604(b)(29), Oct. 11, 1996, 110 Stat. 3508, provided that:
''(a) Hotline. - The Attorney General shall, subject to
the availability of appropriations, establish a national toll-free hotline for
the purpose of -
''(1) providing general information on telemarketing fraud to interested persons; and
''(2) gathering information related to possible violations of provisions of law amended by this title (see Short Title note above).
''(b) Action on Information Gathered. - The Attorney
General shall work in cooperation with the Federal Trade Commission to ensure
that information gathered through the hotline shall be acted on in an
appropriate manner.''
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 982, 2703 of this title.