These are not the official versions, though taken from the congressional released pdf. For the official version see the proper government site, or other authorized supplier.
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18 USC PART I - CRIMES 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES.
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PART I - CRIMES
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Chap. Sec.
1. General provisions 1
2. Aircraft and motor vehicles 31
3. Animals, birds, fish, and plants 41
5. Arson 81
9. Bankruptcy 151
10. Biological weapons 175
11. Bribery, graft, and conflicts of interest 201
11A. Child support 228
11B. Chemical Weapons (FOOTNOTE 1) 229
(FOOTNOTE 1) So in original. First word only of item should be
capitalized.
15. Claims and services in matters affecting government 281
17A. Common carrier operation under the influence of alcohol or drugs 341
18. Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault 351
21. Contempts 401
23. Contracts 431
25. Counterfeiting and forgery 470
26. Criminal street gangs 521
27. Customs 541
29. Elections and political activities 591
31. Embezzlement and theft 641
33. Emblems, insignia, and names 700
35. Escape and rescue 751
37. Espionage and censorship 791
39. Explosives and combustibles (FOOTNOTE 2) 831
(FOOTNOTE 2) Chapter heading amended by Pub. L. 86-710 without
corresponding amendment of part analysis.
40. Importation, manufacture, distribution and storage of explosive materials 841
41. Extortion and threats 871
42. Extortionate credit transactions 891
43. False personation 911
44. Firearms 921
45. Foreign relations 951
46. Forfeiture 981
47. Fraud and false statements 1001
49. Fugitives from justice 1071
50. Gambling 1081
50A. Genocide 1091
51. Homicide 1111
53. Indians 1151
55. Kidnapping 1201
57. Labor 1231
59. Liquor traffic 1261
61. Lotteries 1301
63. Mail fraud 1341
65. Malicious mischief 1361
67. Military and Navy 1381
(68. Repealed.)
69. Nationality and citizenship 1421
71. Obscenity 1460
73. Obstruction of justice 1501
75. Passports and visas 1541
77. Peonage and slavery 1581
79. Perjury 1621
81. Piracy and privateering 1651
83. Postal service 1691
84. Presidential and Presidential staff assassination, kidnapping, and assault 1751
85. Prison-made goods 1761
87. Prisons 1791
89. Professions and occupations 1821
90. Protection of trade secrets 1831
91. Public lands 1851
93. Public officers and employees 1901
95. Racketeering 1951
96. Racketeer influenced and corrupt organizations 1961
97. Railroads 1991
(99. Repealed.)
101. Records and reports 2071
102. Riots 2101
103. Robbery and burglary 2111
105. Sabotage 2151
107. Seamen and stowaways 2191
109. Searches and seizures 2231
109A. Sexual abuse 2241
110. Sexual exploitation and other abuse of children 2251
110A. Domestic violence and stalking 2261
111. Shipping 2271
113. Stolen property 2311
113A. Telemarketing fraud 2325
113B. Terrorism 2331
113C. Torture 2340
114. Trafficking in Contraband Cigarettes (FOOTNOTE 3)
2341
(FOOTNOTE 3) So in original. First word only of item should be
capitalized.
115. Treason, sedition, and subversive activities 2381
117. Transportation for illegal sexual activity and related crimes 2421
118. War crimes 2441
119. Wire and electronic communications interception and
interception of oral communications (FOOTNOTE 4) 2510
(FOOTNOTE 4) Editorially supplied. Chapter 119 added by Pub. L.
90-351 without corresponding amendment of part analysis.
121. Stored wire and electronic communications and transactional records access 2701
123. Prohibition on release and use of certain personal
information from State motor vehicle records (FOOTNOTE 5)
2271
(FOOTNOTE 5) So in original. Probably should be ''2721''.
AMENDMENTS
1998 - Pub. L. 105-277, div. I, title II, Sec. 201(b)(2), Oct. 21, 1998, 112 Stat. 2681-871, added item for chapter 11B.
1996 - Pub. L. 104-294, title I, Sec. 101(b), title VI, Sec. 601(j)(2)(B), 605(c), (p)(3), Oct. 11, 1996, 110 Stat. 3491, 3501, 3509, 3510, substituted ''1461'' for ''1460'' in item for chapter 71, added item for chapter 90, and substituted ''2340'' for ''2340.'' in item for chapter 113C and ''2441'' for ''2401'' in item for chapter 118.
Pub. L. 104-201, div. A, title X, Sec. 1069(b)(4), Sept. 23, 1996, 110 Stat. 2656, inserted ''and stalking'' after ''violence'' in item for chapter 110A.
Pub. L. 104-192, Sec. 2(b), Aug. 21, 1996, 110 Stat. 2104, added item for chapter 118. Pub. L. 104-132, title III, Sec. 303(c)(2), Apr. 24, 1996, 110 Stat. 1253, and Pub. L. 104-294, title VI, Sec. 601(j)(2)(A), Oct. 11, 1996, 110 Stat. 3501, amended analysis identically, redesignating item 113B, relating to torture, as 113C.
1994 - Pub. L. 103-322, title XXXIII, Sec. 330021(1), Sept. 13,
1994, 108 Stat. 2150, which directed the amendment of this title by striking ''kidnaping'' each place it appears and inserting ''kidnapping'', was executed by substituting ''Kidnapping'' for ''Kidnaping'' in item for chapter 55, to reflect the probable intent of Congress. Pub. L. 103-332, title IV, Sec. 40221(b), title XII, Sec. 120003(b)(2), title XV, Sec. 150001(b), title XXV, Sec. 250002(b)(1), title XXX, Sec. 300002(b), title XXXIII, Sec. 330002(g), 330011(c)(2), 330021(1), Sept. 13, 1994, 108 Stat. 1931, 2022, 2035, 2085, 2102, 2140, 2144, 2150, substituted ''weapons'' for ''Weapons'' in item for chapter 10, ''kidnapping'' for ''kidnaping'' in item for chapter 18, ''470'' for ''471'' in item for chapter 25, added item for chapter 26, substituted ''700'' for ''701'' in item for chapter 33, ''kidnapping'' for ''kidnaping'' in item for chapter 84, added items for chapters 110A and 113A and redesignated item for former chapter 113A as 113B, and added item for chapter 123. Pub. L. 103-236, title V, Sec. 506(b), Apr. 30, 1994, 108 Stat. 464, added item for chapter 113B, Torture.
1992 - Pub. L. 102-572, title X, Sec. 1003(b), Oct. 29, 1992, 106 Stat. 4524, made amendment identical to Pub. L. 101-519 in item for chapter 113A. See 1990 Amendment note below.
Pub. L. 102-521, Sec. 2(b), Oct. 25, 1992, 106 Stat. 3403, added item for chapter 11A.
1990 - Pub. L. 101-647, title II, Sec. 226(g)(3), Nov. 29, 1990, 104 Stat. 4808, inserted ''and other abuse'' after ''exploitation'' in item for chapter 110.
Pub. L. 101-519, Sec. 132(c), Nov. 5, 1990, 104 Stat. 2252, substituted ''Terrorism'' for ''Extraterritorial jurisdiction over terrorist acts abroad against United States nationals'' in item for chapter 113A.
Pub. L. 101-298, Sec. 3(c), May 22, 1990, 104 Stat. 203, added item for chapter 10.
1988 - Pub. L. 100-690, title VII, Sec. 7063, Nov. 18, 1988, 102 Stat. 4404, substituted ''Bribery, graft, and conflicts of interest'' for ''Bribery and graft'' in item for chapter 11, substituted ''carrier operation under the influence of alcohol or drugs....341'' for ''Carrier Operation Under the Influence of Alcohol or Drugs'' in item for chapter 17A, substituted ''abuse'' for ''Abuse'', in item for chapter 109A, struck out final period and inserted ''....2331'' in item for chapter 113A, and substituted ''wire and electronic communications and transactional records access'' for ''Wire and Electronic Communications and Transactional Records Access'' in item for chapter 121.
Pub. L. 100-606, Sec. 2(b), Nov. 4, 1988, 102 Stat. 3047, added item for chapter 50A.
1986 - Pub. L. 99-646, Sec. 87(c)(7), Nov. 10, 1986, 100 Stat. 3623, and Pub. L. 99-654, Sec. 3(a)(7), Nov. 14, 1986, 100 Stat. 3663, amended analysis identically, striking out item for chapter 99 ''Rape'' and adding item for chapter 109A.
Pub. L. 99-628, Sec. 5(a)(2), Nov. 7, 1986, 100 Stat. 3511, substituted ''Transportation for illegal sexual activity and related crimes'' for ''White slave traffic'' as item for chapter 117.
Pub. L. 99-570, title I, Sec. 1366(b), 1971(b), Oct. 27, 1986, 100 Stat. 3207-39, 3207-59, added items for chapters 17A and 46.
Pub. L. 99-508, title I, Sec. 101(c)(3), title II, Sec. 201(b), Oct. 21, 1986, 100 Stat. 1851, 1868, inserted ''and electronic communications'' in item for chapter 119 and added item for chapter 121.
Pub. L. 99-399, title XII, Sec. 1202(b), Aug. 27, 1986, 100 Stat. 897, added item for chapter 113A.
1982 - Pub. L. 97-285, Sec. 2(d), 4(d), Oct. 6, 1982, 96 Stat. 1219, 1220, substituted ''Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault'' for ''Congressional assassination, kidnaping, and assault'' as item for chapter 18, and inserted ''and Presidential staff'' after ''Presidential'' in item for chapter 84.
1978 - Pub. L. 95-575, Sec. 2, Nov. 2, 1978, 92 Stat. 2465, added item for chapter 114.
Pub. L. 95-225, Sec. 2(b), Feb. 6, 1978, 92 Stat. 8, added item for chapter 110.
1971 - Pub. L. 91-644, title IV, Sec. 17, Jan. 2, 1971, 84 Stat. 1891, added item for chapter 18.
1970 - Pub. L. 91-513, title III, Sec. 1101(b)(1)(B), Oct. 27, 1970, 84 Stat. 1292, struck out item for chapter 68 ''Narcotics''.
Pub. L. 91-452, title IX, Sec. 901(b), title XI, Sec. 1102(b), Oct. 15, 1970, 84 Stat. 947, 959, added items for chapters 40 and 96.
1968 - Pub. L. 90-351, title IV, Sec. 905, June 19, 1968, 82 Stat. 234, added item for chapter 44.
Pub. L. 90-321, title II, Sec. 202(b), May 29, 1968, 82 Stat. 162, added item for chapter 42.
Pub. L. 90-284, title I, Sec. 104(b), title X, Sec. 1002(b), Apr. 11, 1968, 82 Stat. 77, 92, added items for chapters 12 and 102.
1965 - Pub. L. 89-141, Sec. 3, Aug. 28, 1965, 79 Stat. 581, added item for chapter 84.
1956 - Act Aug. 1, 1956, ch. 825, Sec. 2(a), 70 Stat. 798, substituted ''Animals, Birds, Fish, and Plants'' for ''Animals, Birds, and Fish'' in item for chapter 3.
Act July 18, 1956, ch. 629, Sec. 202, 70 Stat. 575, added item for chapter 68.
Act July 14, 1956, ch. 595, Sec. 2, 70 Stat. 540, added item for chapter 2.
1949 - Act May 24, 1949, ch. 139, Sec. 1, 63 Stat. 89, struck out ''constituting crimes'' in item for chapter 21, and added item for chapter 50.
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18 USC CHAPTER 1 - GENERAL PROVISIONS 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
.
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CHAPTER 1 - GENERAL PROVISIONS
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Sec.
1. Repealed.
2. Principals.
3. Accessory after the fact.
4. Misprision of felony.
5. United States defined.
6. Department and agency defined.
7. Special maritime and territorial jurisdiction of the United States defined.
8. Obligation or other security of the United States defined.
9. Vessel of the United States defined.
10. Interstate commerce and foreign commerce defined.
11. Foreign government defined.
12. United States Postal Service defined.
13. Laws of States adopted for areas within Federal jurisdiction.
14. Applicability to Canal Zone; definition.
15. Obligation or other security of foreign government defined.
16. Crime of violence defined.
17. Insanity defense.
18. Organization defined.
19. Petty offense defined.
20. Financial institution defined.
21. Stolen or counterfeit nature of property for certain crimes defined.
23. Court of the United States defined.
24. Definitions relating to Federal health care offense.
SENATE REVISION AMENDMENT
In the analysis of sections under this chapter heading, a new item, ''14. Applicability to Canal Zone.'', was inserted by Senate amendment, to follow underneath item 13, inasmuch as a new section 14, with such a catchline, was inserted, by Senate amendment, in this chapter. See Senate Report No. 1620, amendments Nos. 1 and 3, 80th Cong.
AMENDMENTS
1996 - Pub. L. 104-191, title II, Sec. 241(b), Aug. 21, 1996, 110 Stat. 2016, which directed the amendment of the table of sections at the beginning of chapter 2 of this title by inserting item 24, was executed by inserting item 24 in the table of sections at the beginning of this chapter, to reflect the probable intent of Congress.
1994 - Pub. L. 103-332, title XXXII, Sec. 320910(b), 320914(b), Sept. 13, 1994, 108 Stat. 2127, 2128, added items 21 and 23.
1990 - Pub. L. 101-647, title XXXV, Sec. 3504, Nov. 29, 1990, 104 Stat. 4921, substituted ''defense'' for ''Defense'' in item 17.
1989 - Pub. L. 101-73, title IX, Sec. 962(e)(3), Aug. 9, 1989, 103 Stat. 504, added item 20.
1987 - Pub. L. 100-185, Sec. 4(b), Dec. 11, 1987, 101 Stat. 1279, added item 19.
1986 - Pub. L. 99-646, Sec. 34(b), 38(b), Nov. 10, 1986, 100 Stat. 3599, renumbered item 20 as 17 and added item 18.
1984 - Pub. L. 98-473, title II, Sec. 218(b), 402(b), 1001(b), Oct. 12, 1984, 98 Stat. 2027, 2057, 2136, substituted ''Repealed'' for ''Offenses classified'' in item 1 and added items 16 and 20.
1970 - Pub. L. 91-375, Sec. 6(j)(1), Aug. 12, 1970, 84 Stat. 777, inserted ''United States'' before ''Postal Service'' in item 12.
1962 - Pub. L. 87-845, Sec. 3(b), Oct. 18, 1962, 76A Stat. 698, inserted ''; definition'' in item 14.
1958 - Pub. L. 85-921, Sec. 4, Sept. 2, 1958, 72 Stat. 1771, added item 15.
COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT
Pub. L. 104-132, title VIII, Sec. 806, Apr. 24, 1996, 110 Stat. 1305, established Commission on the Advancement of Federal Law Enforcement, directed Commission to review and recommend action to Congress on Federal law enforcement priorities for 21st century, including Federal law enforcement capability to investigate and deter adequately threat of terrorism facing United States, standards and procedures, degree of coordination with international, State, and local law enforcement agencies, and other matters, provided for membership and administration of Commission, staffing and support functions, and powers to hold hearings and obtain official data for purposes of carrying out its duties, required report to Congress and public of findings, conclusions, and recommendations not later than 2 years after quorum of Commission had been appointed, and provided for termination of Commission 30 days after submitting report.
NATIONAL COMMISSION ON REFORM OF FEDERAL CRIMINAL LAWS
Pub. L. 89-801, Nov. 8, 1966, 80 Stat. 1516, as amended by Pub. L. 91-39, July 8, 1969, 83 Stat. 44, provided for the establishment of the National Commission on Reform of Federal Criminal Laws, its membership, duties, compensation of the members, the Director, and the staff of the Commission, established the Advisory Committee on Reform of Federal Criminal Laws, required the Commission to submit interim reports to the President and the Congress and to submit a final report within four years from Nov. 8, 1966, and further provided that the Commission shall cease to exist sixty days after the submission of the final report.
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ORD. NO. 11396. COORDINATION BY ATTORNEY GENERAL OF FEDERAL LAW ENFORCEMENT AND CRIME PREVENTION PROGRAMS
Ex. Ord. No. 11396, Feb. 7, 1968, 33 F.R. 2689, provided:
WHEREAS the problem of crime in America today presents the Nation with a major challenge calling for maximum law enforcement efforts at every level of Government;
WHEREAS coordination of all Federal Criminal law enforcement activities and crime prevention programs is desirable in order to achieve more effective results;
WHEREAS the Federal Government has acknowledged the need to provide assistance to State and local law enforcement agencies in the development and administration of programs directed to the prevention and control of crime:
WHEREAS to provide such assistance the Congress has authorized various departments and agencies of the Federal Government to develop programs which may benefit State and local efforts directed at the prevention and control of crime, and the coordination of such programs is desirable to develop and administer them most effectively; and
WHEREAS the Attorney General, as the chief law officer of the Federal Government, is charged with the responsibility for all prosecutions for violations of the Federal criminal statutes and is authorized under the Law Enforcement Assistance Act of 1965 (79 Stat. 828) (formerly set out as a note preceding section 3001 of this title) to cooperate with and assist State, local, or other public or private agencies in matters relating to law enforcement organization, techniques and practices, and the prevention and control of crime.
NOW, THEREFORE, by virtue of the authority vested in the President by the Constitution and laws of the United States, it is ordered as follows:
Section 1. The Attorney General is hereby designated to facilitate and coordinate (1) the criminal law enforcement activities and crime prevention programs of all Federal departments and agencies, and (2) the activities of such departments, and agencies relating to the development and implementation of Federal programs which are designed, in whole or in substantial part, to assist State and local law enforcement agencies and crime prevention activities. The Attorney General may promulgate such rules and regulations and take such actions as he shall deem necessary or appropriate to carry out his functions under this Order.
Sec. 2. Each Federal department and agency is directed to cooperate with the Attorney General in the performance of his functions under this Order and shall, to the extent permitted by law and within the limits of available funds, furnish him such reports, information, and assistance as he may request.
Lyndon B. Johnson.
EXECUTIVE ORDER NO. 11534
Ex. Ord. No. 11534, June 4, 1970, 35 F.R. 8865, which related to the National Council on Organized Crime, was revoked by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
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18 USC Sec. 1 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
-HEAD-
(Sec. 1. Repealed. Pub. L. 98-473, title II, Sec. 218(a)(1), Oct. 12, 1984, 98 Stat. 2027)
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Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98-596, Sec. 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense.
EFFECTIVE DATE OF REPEAL
Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title.
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107-56, Sec. 1(a), Oct. 26, 2001, 115 Stat. 272, provided that: ''This Act (see Tables for classification) may be cited as the 'Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001'.''
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105-314, Sec. 1(a), Oct. 30, 1998, 112 Stat. 2974, provided that: ''This Act (see Tables for classification) may be cited as the 'Protection of Children From Sexual Predators Act of 1998'.''
Pub. L. 105-184, Sec. 1, June 23, 1998, 112 Stat. 520, provided that: ''This Act (amending sections 709, 982, 2326, 2327, and 2703 of this title and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure) may be cited as the 'Telemarketing Fraud Prevention Act of 1998'.''
SHORT TITLE OF 1996 AMENDMENTS
Pub. L. 104-294, Sec. 1, Oct. 11, 1996, 110 Stat. 3488, provided that: ''This Act (see Tables for classification) may be cited as the 'Economic Espionage Act of 1996'.''
Pub. L. 104-132, Sec. 1, Apr. 24, 1996, 110 Stat. 1214, provided that: ''This Act (see Tables for classification) may be cited as the 'Antiterrorism and Effective Death Penalty Act of 1996'.''
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-322, title X, Sec. 100001, Sept. 13, 1994, 108 Stat. 1996, provided that: ''This title (amending section 13 of this title and section 3751 of Title 42, The Public Health and Welfare) may be cited as the 'Drunk Driving Child Protection Act of 1994'.''
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-647, Sec. 1, Nov. 29, 1990, 104 Stat. 4789, provided that: ''This Act (see Tables for classification) may be cited as the 'Crime Control Act of 1990'.''
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-690, title VII, Sec. 7011, Nov. 18, 1988, 102 Stat. 4395, provided that: ''This subtitle (subtitle B (Sec. 7011-7096) of title VII of Pub. L. 100-690, see Tables for classification) may be cited as the 'Minor and Technical Criminal Law Amendments Act of 1988'.''
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100-185, Sec. 1, Dec. 11, 1987, 101 Stat. 1279, provided that: ''This Act (enacting section 19 of this title, amending sections 18, 3013, 3559, 3571, 3572, 3573, 3611, 3612, and 3663 of this title and section 604 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under section 3611 of this title) may be cited as the 'Criminal Fine Improvements Act of 1987'.''
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99-646, Sec. 1, Nov. 10, 1986, 100 Stat. 3592, provided that: ''This Act (see Tables for classification) may be cited as the 'Criminal Law and Procedure Technical Amendments Act of 1986'.''
SHORT TITLE OF 1984 AMENDMENT
Section 200 of title II (Sec. 200-2304) of Pub. L. 98-473 provided that: ''This title (see Tables for classification) may be cited as the 'Comprehensive Crime Control Act of 1984'.''
SEVERABILITY
Pub. L. 107-56, Sec. 2, Oct. 26, 2001, 115 Stat. 275, provided that: ''Any provision of this Act (see Short Title of 2001 Amendment note above) held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.''
Pub. L. 104-132, title IX, Sec. 904, Apr. 24, 1996, 110 Stat. 1319, provided that: ''If any provision of this Act (see Short Title of 1996 Amendments note above), an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.''
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18 USC Sec. 2 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
-HEAD
Sec. 2. Principals
-STATUTE-
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 684; Oct. 31, 1951, ch. 655, Sec. 17b, 65 Stat. 717.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 550 (Mar. 4, 1909, ch. 321, Sec. 332, 35 Stat. 1152).
Section 2(a) comprises section 550 of title 18, U.S.C., 1940 ed., without change except in minor matters of phraseology.
Section 2(b) is added to permit the deletion from many sections throughout the revision of such phrases as ''causes or procures''.
The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who ''aids, abets, counsels, commands, induces or procures'' another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States.
It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.
This accords with the following decisions: Rothenburg v. United States, 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and United States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. United States v. Giles, 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888.
AMENDMENTS
1951 - Subsec. (a). Act Oct. 31, 1951, inserted ''punishable as''.Subsec. (b). Act Oct. 31, 1951, inserted ''willfully'' before ''causes'', and ''or another'' after ''him'', and substituted ''is punishable as a principal'' for ''is also a principal and punishable as such''.
-SECREF
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1962 of this title; title 21 sections 848, 854; title 50 section 422.
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18 USC Sec. 3 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
-HEAD
Sec. 3. Accessory after the fact
-STATUTE
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 99-646, Sec. 43, Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101-647, title XXXV, Sec. 3502, Nov. 29, 1990, 104 Stat. 4921; Pub. L. 103-322, title XXXIII, Sec. 330011(h), 330016(2)(A), Sept. 13, 1994, 108 Stat. 2145, 2148.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 551 (Mar. 4, 1909, ch. 321, Sec. 333, 35 Stat. 1152).
The first paragraph is new. It is based upon authority of Skelly v. United States (C. C. A. Okl. 1935, 76 F. 2d 483, certiorari denied, 1935, 55 S. Ct. 914, 295 U.S. 757, 79 L. Ed. 1699), where the court defined an accessory after the fact as -
one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to hinder the felon's apprehension, trial, or punishment -
and cited Jones' Blackstone, books 3 and 4, page 2204; U.S. v. Hartwell (Fed. Cas. No. 15,318); Albritton v. State (32 Fla. 358, 13 So. 955); State v. Davis (14 R. I. 281); Schleeter v. Commonwealth (218 Ky. 72, 290 S. W. 1075). (See also State v. Potter, 1942, 221 N. C. 153, 19 S. E. 2d 257; Hunter v. State, 1935, 128 Tex. Cr. R. 191, 79 S. W. 2d 855; State v. Wells, 1940, 195 La. 754, 197 So. 419.)
The second paragraph is from section 551 of title 18, U.S.C., 1940 ed. Here only slight changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322, Sec. 330016(2)(A), inserted ''(notwithstanding section 3571)'' before ''fined not more than one-half'' in second par. Pub. L. 103-322, Sec. 330011(h), amended directory language of Pub. L. 101-647, Sec. 3502. See 1990 Amendment note below.
1990 - Pub. L. 101-647, as amended by Pub. L. 103-322, Sec. 330011(h), substituted ''15 years'' for ''ten years'' in second par.
1986 - Pub. L. 99-646 inserted ''life imprisonment or'' in second par.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 330011(h) of Pub. L. 103-322 provided that the amendment made by that section is effective as of Nov. 29, 1990.
-SECREF
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2332b of this title.
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18 USC Sec. 4 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
-HEAD
Sec. 4. Misprision of felony
-STATUTE
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C. 1940 ed., Sec. 251 (Mar. 4, 1909, ch. 321, Sec. 146, 35 Stat. 1114).
Changes in phraseology only.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $500''.
-SECREF
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 50 section 422.