Title 18
Encyclopedia
Title 18 of the United States Code
is the criminal and penal code of the federal government of the United States
. It deals with federal crime
s and criminal procedure
.
and Burglary
: Sabotage
: Seamen and Stowaways: Searches and seizures: Sexual Abuse
: Sexual Exploitation
and Other Abuse of Children: Domestic Violence
and Stalking
: Seamen Shipping: Stolen Property: Telemarketing Fraud
: Terrorism
: Torture
: Trafficking in Contraband Cigarettes: Treason
, Sedition
, and Subversive Activities: Transportation for Illegal Sexual Activity and Related Crimes: War Crimes: Wire and Electronic Communications Interception and Interception of Oral Communications
and Trap and Trace Devices
: Release and Detention Pending Judicial Proceedings: Speedy Trial
: Extradition
: Jurisdiction and Venue: Military Extraterritorial Jurisdiction: Extraterritorial Jurisdiction over Certain Trafficking In Persons Offenses: Limitations: Grand Jury: Special Grand Jury: Indictment and Information: Trial by United States Magistrate Judges: Arraignment, Pleas and Trial: Witnesses and Evidence: Protection of Witnesses: Verdict: Sentences: Death Sentence: Post-Conviction DNA Testing: Postsentence Administration: [Repealed]: Miscellaneous Sentencing Provisions: Special Forfeiture of Collateral Profits of Crime: Contempts: Crime Victims Rights
Repealed[citation needed] by Congress February 1, 2010. (Counter-evidence: keyword search at http://thomas.loc.gov with FullTextOfBill and Congress#111 returns no matches. Rather than just a raw date, instead supply H.R.3288.ENR or equivalent detailed reference; even a URL to a generic news story would lead to such details quickly.)
This statute covers a specific way to satisfy the 5th amendment (right to silence as a form of protection against self-incrimination) to the Constitution
, but still force witnesses to testify. Basically, if a witness -- whether in a federal court such as the Supreme Court
or in testimony before a Congressional subcommittee -- refuses to answer questions and pleads the 5th, the presiding officer can use the provisions of Title 18 Chapter 601 to forcibly compel the witness to answer the questions. Since this would violate the 5th amendment rights of the witness, the statute requires that the presiding officer must mandatorily preserve those rights, by guaranteeing the witness immunity from prosecution for anything they might truthfully say under such compulsion. (The witness is being compelled to answer the questions truthfully -- if they lie, they can be tried in court for perjury
, but as long as they tell the truth, they are immune from being personally prosecuted for anything they might say -- which is the reverse of the usual situation, where anything you say can and will be used against you in a court of law.)
Actually giving a particular witness guaranteed immunity as a means to compelling their testimony is somewhat involved; the details of how it is done vary depending on the particular branch of government hearing the testimony. If the witness is testifying before an agency (includes Army/Navy/AirForce/VA/DOD/HomeSec/StateDept, FCC/FTC, DOT/NTSB, DOE/NRC/COP/DeptOfTheInterior, SEC/CFTC/FedBoard/FDIC, NLRB/LaborDept/CommerceDept/AgDept, DOJ/Treasury, and many others), the presiding officer for the agency needs approval from the federal Attorney General before they can grant a witness immunity and compel testimony. In court cases, the federal district attorney (for the particular federal district court which has jurisdiction in the case) needs approval from either the federal attorney general directly or from a specific set of the federal attorney general's underlings. In the case of testimony before congress, the body hearing the testimony must vote on whether or not to give immunity as a means to compel testimony, before getting a federal district court to issue to compulsion order; for a subcommittee, two-thirds of the full membership must vote affirmative, whereas for testimony before an entire house of congress a simple majority of members present voting affirmative is acceptable. Although congress must notify the federal attorney general 10 days in advance of submitting their request for compulsion to the federal district court, the AG cannot veto the order (but they can at their option instruct the federal district court to delay issuing the compulsion order for a period up to 20 days total).
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
is the criminal and penal code of the federal government of the United States
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
. It deals with federal crime
Federal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
s and criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
.
Chapters 1-10
: General Provisions- This chapter consists of General Provisions. §1 is repealed. §2 defines principalsPrincipal (criminal law)Under criminal law, a principal is any actor who is primarily responsible for a criminal offense. Such an actor is distinguished from others who may also be subject to criminal liability as accomplices, accessories or conspirators....
. §3 defines and provides punishment for accessory after the factAccessory (legal term)An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal...
, while §4 defines and provides punishment for misprision of felonyMisprision of felonyMisprision of felony was an offence under the common law of England and was classified as a misdemeanour. It consisted of failing to report knowledge of a felony to the appropriate authorities.Exceptions were made for close family members of the felon....
. §5 defines "United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
," §6 defines "departmentMinistry (government department)A ministry is a specialised organisation responsible for a sector of government public administration, sometimes led by a minister or a senior public servant, that can have responsibility for one or more departments, agencies, bureaus, commissions or other smaller executive, advisory, managerial or...
" and "agencyAgency (law)The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another to create a legal relationship with a third party...
," §7 defines "special maritime and territorial jurisdiction of the United States," §8 defines "obligation or other security of the United States," §9 defines "vessel of the United States," §10 defines "interstate commerce" and "foreign commerce," §11 defines foreign government, and §12 defines "United States Postal ServiceUnited States Postal ServiceThe United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
." §13 deals with laws of states adopted for areas within federal jurisdiction. §14 is repealed. §15 defines "obligation or other security of foreign government" and §16 defines "Crime of violenceViolent crimeA violent crime or crime of violence is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent...
."
- §17 deals with the insanity defense, defining it as "an affirmative defenseAffirmative defenseA defendant offers an affirmative defense when responding to a plaintiff's claim in common law jurisdictions, or, more familiarly, in criminal law. Essentially, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff's claim. ...
to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts," that "mental disease or defect does not otherwise constitute a defense," and that "the defendant has the burden of proving the defense of insanity by clear and convincing evidence."
- §18 defines "organizationOrganizationAn organization is a social group which distributes tasks for a collective goal. The word itself is derived from the Greek word organon, itself derived from the better-known word ergon - as we know `organ` - and it means a compartment for a particular job.There are a variety of legal types of...
," §19 defines "petty offense," §20 defines "financial institutionFinancial institutionIn financial economics, a financial institution is an institution that provides financial services for its clients or members. Probably the most important financial service provided by financial institutions is acting as financial intermediaries...
," §21 defines "stolen or counterfeit nature of property for certain crimes," § 23.1 defines "court of the United StatesUnited States federal courtsThe United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
." §24 provides "definitions relating to Federal health care offense." §25 deals with the "use of minorsMinor (law)In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
in crimes of violence." - Aircraft and Motor Vehicles
- This chapter deals with aircraftAircraftAn aircraft is a vehicle that is able to fly by gaining support from the air, or, in general, the atmosphere of a planet. An aircraft counters the force of gravity by using either static lift or by using the dynamic lift of an airfoil, or in a few cases the downward thrust from jet engines.Although...
and motor vehicleMotor vehicleA motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
s. §31 is definitions. §32 is "crime of destruction of aircraft or aircraft facilities," §33 is "destruction of motor vehicles or motor vehicle facilities," §34 is "penalty when death results," and §35 is "imparting or conveying false information." §36 deals with drive-by shootingDrive-by shootingA drive-by shooting is a form of hit-and-run tactic, a personal attack carried out by an individual or individuals from a moving or momentarily stopped vehicle without use of headlights to avoid being noticed. It often results in bystanders being shot instead of, or as well as, the intended target...
. §37 is "violence at international airportInternational airportAn international airport is any airport that can accommodate flights from other countries and are typically equipped with customs and immigration facilities to handle these flights to and from other countries...
s." §38 deals with "fraud involving aircraft or space vehicle parts in interstate or foreign commerce." § 39.1 prohibits unauthorized traffic signal preemptionTraffic signal preemptionTraffic signal preemption is a type of system that allows the normal operation of traffic lights to be preempted, often to assist emergency vehicles...
transmitters, while an additional § 39.1 requires commercial vehicleCommercial vehicleA commercial vehicle is a type of motor vehicle that may be used for transporting goods or passengers. The European Union defines "commercial motor vehicle" as any motorised road vehicle, which by its type of construction and equipment is designed for, and capable of transporting, whether for...
s to stop for inspections. - Animals, Birds, Fish, and Plants
- §41 prohibits huntingHuntingHunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
, fishingFishingFishing is the activity of trying to catch wild fish. Fish are normally caught in the wild. Techniques for catching fish include hand gathering, spearing, netting, angling and trapping....
, trapping, or disturbance or injury to birdBirdBirds are feathered, winged, bipedal, endothermic , egg-laying, vertebrate animals. Around 10,000 living species and 188 families makes them the most speciose class of tetrapod vertebrates. They inhabit ecosystems across the globe, from the Arctic to the Antarctic. Extant birds range in size from...
s, fishFishFish are a paraphyletic group of organisms that consist of all gill-bearing aquatic vertebrate animals that lack limbs with digits. Included in this definition are the living hagfish, lampreys, and cartilaginous and bony fish, as well as various extinct related groups...
, or wildlifeWildlifeWildlife includes all non-domesticated plants, animals and other organisms. Domesticating wild plant and animal species for human benefit has occurred many times all over the planet, and has a major impact on the environment, both positive and negative....
in any protected areas of the United StatesProtected areas of the United StatesThe protected areas of the United States are managed by an array of different federal, state, tribal and local level authorities and receive widely varying levels of protection. Some areas are managed as wilderness, while others are operated with acceptable commercial exploitation. , according to...
, and provides a penalty of a fine under this title or imprisonment up to six months, or both. - §42 is titled "importation or shipment of injurious mammalMammalMammals are members of a class of air-breathing vertebrate animals characterised by the possession of endothermy, hair, three middle ear bones, and mammary glands functional in mothers with young...
s, birds, fish (including mollusksMolluscaThe Mollusca , common name molluscs or mollusksSpelled mollusks in the USA, see reasons given in Rosenberg's ; for the spelling mollusc see the reasons given by , is a large phylum of invertebrate animals. There are around 85,000 recognized extant species of molluscs. Mollusca is the largest...
and crustaceaCrustaceanCrustaceans form a very large group of arthropods, usually treated as a subphylum, which includes such familiar animals as crabs, lobsters, crayfish, shrimp, krill and barnacles. The 50,000 described species range in size from Stygotantulus stocki at , to the Japanese spider crab with a leg span...
), amphibia, and reptileReptileReptiles are members of a class of air-breathing, ectothermic vertebrates which are characterized by laying shelled eggs , and having skin covered in scales and/or scutes. They are tetrapods, either having four limbs or being descended from four-limbed ancestors...
s; permitLicenseThe verb license or grant licence means to give permission. The noun license or licence refers to that permission as well as to the document recording that permission.A license may be granted by a party to another party as an element of an agreement...
s, specimenSpecimenA specimen is a portion/quantity of material for use in testing, examination, or study.BiologyA laboratory specimen is an individual animal, part of an animal, a plant, part of a plant, or a microorganism, used as a representative to study the properties of the whole population of that species or...
s for museumMuseumA museum is an institution that cares for a collection of artifacts and other objects of scientific, artistic, cultural, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. Most large museums are located in major cities...
s; regulations." It prohibits the import of harmful or invasive speciesInvasive species"Invasive species", or invasive exotics, is a nomenclature term and categorization phrase used for flora and fauna, and for specific restoration-preservation processes in native habitats, with several definitions....
, including Herpestes auropunctatus, batBatBats are mammals of the order Chiroptera "hand" and pteron "wing") whose forelimbs form webbed wings, making them the only mammals naturally capable of true and sustained flight. By contrast, other mammals said to fly, such as flying squirrels, gliding possums, and colugos, glide rather than fly,...
s of the genusGenusIn biology, a genus is a low-level taxonomic rank used in the biological classification of living and fossil organisms, which is an example of definition by genus and differentia...
PteropusPteropusBats of the genus Pteropus, belonging to the megabat or Megachiroptera sub-order, are the largest bats in the world. They are commonly known as the fruit bats or flying foxes among other colloquial names...
, the zebra musselZebra musselThe zebra mussel, Dreissena polymorpha, is a small freshwater mussel. This species was originally native to the lakes of southeast Russia being first described in 1769 by a German zoologist Peter Simon Pallas in the Ural, Volga and Dnieper rivers. They are still found nearby, as Pontic and Caspian...
, and the brown tree snakeBrown tree snakeThe brown tree snake is an arboreal rear-fanged colubrid snake native to eastern and northern coastal Australia, Papua New Guinea, and a large number of islands in northwestern Melanesia....
, and authorizes the Secretary of the InteriorUnited States Secretary of the InteriorThe United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
to bar other harmful species. The section also provides exemptions. - §43 is titled "animal enterprise terrorism" and prohibits intentional disruption or harm to "animal enterprises" through interstate or foreign commerce, and provides various penalties.
- §44 and §45 are repealed. §46 bars the transportation of the invasive plants alligator weedAlligator weedAlternanthera philoxeroides, commonly known as Alligator weed, is an immersed aquatic plant. It originated in South America, but has spread to many parts of the world and is considered an invasive species in Australia, China, New Zealand, Thailand and the United States.Alligator weed can grow in a...
, water caltropWater caltropThe water caltrop, water chestnut, buffalo nut, bat nut, devil pod or Singhara or Pani-fol is either of two species of the genus Trapa: Trapa natans and Trapa bicornis...
, and Eichhornia crassipesEichhornia crassipesEichhornia crassipes, commonly known as Common Water Hyacinth, is an aquatic plant native to the Amazon basin, and is often considered a highly problematic invasive species outside its native range.-Ecology:...
, and provides for a penalty of a fine under this title, or imprisonment up to six months, or both. - §47 prohibits the use of an aircraft or motor vehicle to hunt any "wild unbrandedLivestock brandingLivestock branding is a technique for marking livestock so as to identify the owner. Originally, livestock branding only referred to a hot brand for large stock, though the term is now also used to refer to other alternative techniques such as freeze branding...
horseWild HorseThe wild horse is a species of the genus Equus, which includes as subspecies the domesticated horse as well as the undomesticated Tarpan and Przewalski's Horse. The Tarpan became extinct in the 19th century, and Przewalski's Horse was saved from the brink of extinction and reintroduced...
, mareMareFemale horses are called mares.Mare is the Latin word for "sea".The word may also refer to:-People:* Ahmed Marzooq, also known as Mare, a footballer and Secretary General of Maldives Olympic Committee* Mare Winningham, American actress and singer...
, coltColt (horse)A colt is a young male horse, under the age of four. The term "colt" is often confused with foal, which refers to a horse of either sex under one year of age....
, or burroDonkeyThe donkey or ass, Equus africanus asinus, is a domesticated member of the Equidae or horse family. The wild ancestor of the donkey is the African Wild Ass, E...
running at large on any of the public land or ranges" and prohibits the pollutionPollutionPollution is the introduction of contaminants into a natural environment that causes instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat or light...
of any watering holeDepression (geology)A depression in geology is a landform sunken or depressed below the surrounding area. Depressions may be formed by various mechanisms.Structural or tectonic related:...
on any of the public land or ranges for the purpose of hunting any of the named animals, and provides for a penalty of a fine under this title, or imprisonment up to six months, or both, for each offense. - §48 prohibits the possession of any depiction of animal crueltyCruelty to animalsCruelty to animals, also called animal abuse or animal neglect, is the infliction of suffering or harm upon non-human animals, for purposes other than self-defense. More narrowly, it can be harm for specific gain, such as killing animals for food or for their fur, although opinions differ with...
with the intention of placing that depiction in interstate or foreign commerce for commercial gain, and provides a penalty of a fine under this title, or imprisonment up to five years, or both, and excepts any depiction that has "serious religious, political, scientific, educational, journalistic, historical, or artistic value." - Arson
- This chapter deals with arsonArsonArson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
. It has only one section, §81, which defines arson, attempted arson, or conspiracy to commit arson, and provides a penalty of imprisonment for up to 25 years, the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both. It also provides that if the building is a dwellingDwellingDwelling, as well as being a term for a house, or for living somewhere, or for lingering somewhere, is a philosophical concept which was developed by Martin Heidegger. Dwelling is about making yourself at home where the home itself is a building that is a house...
or if the life of any person is placed in jeopardy, the penalty shall be a fine under this title, imprisonment for "any term of years or for lifeLife imprisonmentLife imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
," or both. - Assault
- This chapter deals with assaultAssaultIn law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
. §111 prohibits "assaulting, resisting, or impeding" officers,employees and Law Enforcement Explorers of the United States while engaged in or on account of the performance of official duties, and the assault or intimidation of "any person who formerly served" as an officers or employees of the United States "on account of the performance of official duties during such person's term of service." The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both. An enhanced penalty of a fine or imprisonment for up to 20 years is provided for if a "deadly or dangerous weapon" is used or if bodily injury is inflicted.
- §112 is "protection of foreign officials, official guests, and internationally protected persons." It prohibits assaulting or causing harm to a "foreign official, official guestState visitA state visit is a formal visit by a foreign head of state to another nation, at the invitation of that nation's head of state. State visits are the highest form of diplomatic contact between two nations, and are marked by ceremonial pomp and diplomatic protocol. In parliamentary democracies, heads...
, or internationally protected person" or "any other violent attack upon the person or liberty of such person," and provides a penality of a fine, imprisonment of up to three years, or both, and an enhanced penalty of a fine or imprisonment of up to 10 years, or both, if a deadly or dangerous weapon" is used or if bodily injury is inflicted. §112 also prohibits "[i]ntimidating, coercing, threatening, or harassing a foreign official or an official guest, or obstructing a foreign official in the performance of his duties," or an attempt to do so, and additionally prohibits two or more people congregating within 100 feet of any building being used "for diplomatic, consular, or residential purposes" by foreign officials or international organizationInternational organizationAn intergovernmental organization, sometimes rendered as an international governmental organization and both abbreviated as IGO, is an organization composed primarily of sovereign states , or of other intergovernmental organizations...
, "with intent to violate any other provision of this section," and provides for a fine, imprisonment up to six months, or both. The section also provides that "Nothing contained in this section shall be construed or applied so as to abridge the exercise of rights" guaranteed under the First Amendment to the United States ConstitutionFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
- §113 provides punishments for assault within the special maritime and territorial jurisdiction of the United States: for assault with intent to commit murder, imprisonment for not more than 20 years; for assault with intent to commit any felony except murder or a felony under chapter 109A, by a fine under this title or imprisonment for not more than ten years, or both; for assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by a fine under this title or imprisonment for not more than ten years, or both; for assault by strikingStrike (attack)A strike is an attack with an inanimate object, such as a weapon, or with a part of the human body intended to cause an effect upon an opponent or to simply cause harm to an opponent. There are many different varieties of strikes...
, beating, or woundWoundA wound is a type of injury in which skin is torn, cut or punctured , or where blunt force trauma causes a contusion . In pathology, it specifically refers to a sharp injury which damages the dermis of the skin.-Open:...
ing, by a fine under this title or imprisonment for not more than six months, or both; simple assaultAssaultIn law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both; assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both; assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 5 years, or both.
- §113 also defines "substantial bodily injury" as bodily injury which involves a temporary but substantial disfigurement, or a temporary but substantial loss or impairment of the function of any bodily memberLimb (anatomy)A limb is a jointed, or prehensile , appendage of the human or other animal body....
, organOrgan (anatomy)In biology, an organ is a collection of tissues joined in structural unit to serve a common function. Usually there is a main tissue and sporadic tissues . The main tissue is the one that is unique for the specific organ. For example, main tissue in the heart is the myocardium, while sporadic are...
, or mental facultySenseSenses are physiological capacities of organisms that provide inputs for perception. The senses and their operation, classification, and theory are overlapping topics studied by a variety of fields, most notably neuroscience, cognitive psychology , and philosophy of perception...
, and defines "serious bodily injury" as the meaning given that term in section 1365 of this title.
- §114, makes it a crime within the special maritime and territorial jurisdiction of the United States to, with intent to tortureTortureTorture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
(as defined in section 2340), and provides that whoever shall "maimMutilationMutilation or maiming is an act of physical injury that degrades the appearance or function of any living body, usually without causing death.- Usage :...
, disfigureDisfigurementDisfigurement is the state of having one's appearance deeply and persistently harmed medically, as from a disease, birth defect, or wound.Disfigurement, whether caused by a benign or malignant condition, often leads to severe psychosocial problems such as negative body image; depression;...
, cuts, biteBiteA bite is a wound received from the mouth of an animal, including humans.Animals may bite in self-defense, in an attempt to predate food, as well as part of normal interactions. Other bite attacks may be apparently unprovoked. Self inflicted bites occur in some genetic illnesses such as...
s, or slits the noseHuman noseThe visible part of the human nose is the protruding part of the face that bears the nostrils. The shape of the nose is determined by the ethmoid bone and the nasal septum, which consists mostly of cartilage and which separates the nostrils...
, earEarThe ear is the organ that detects sound. It not only receives sound, but also aids in balance and body position. The ear is part of the auditory system....
, or lipLipLips are a visible body part at the mouth of humans and many animals. Lips are soft, movable, and serve as the opening for food intake and in the articulation of sound and speech...
, or cuts out or disables the tongueTongueThe tongue is a muscular hydrostat on the floors of the mouths of most vertebrates which manipulates food for mastication. It is the primary organ of taste , as much of the upper surface of the tongue is covered in papillae and taste buds. It is sensitive and kept moist by saliva, and is richly...
, or puts out or destroys an eyeHuman eyeThe human eye is an organ which reacts to light for several purposes. As a conscious sense organ, the eye allows vision. Rod and cone cells in the retina allow conscious light perception and vision including color differentiation and the perception of depth...
, or cuts off or disables a limb or any member of another person; or whoever, within the special maritime and territorial jurisdiction of the United States, and with like intent, throws or pours upon another person, any scaldBurnA burn is an injury to flesh caused by heat, electricity, chemicals, light, radiation, or friction.Burn may also refer to:*Combustion*Burn , type of watercourses so named in Scotland and north-eastern England...
ing water, corrosiveCorrosiveA corrosive substance is one that will destroy or irreversibly damage another surface or substance with which it comes into contact. The main hazards to people include damage to the eyes, the skin, and the tissue under the skin; inhalation or ingestion of a corrosive substance can damage the...
acidAcidAn acid is a substance which reacts with a base. Commonly, acids can be identified as tasting sour, reacting with metals such as calcium, and bases like sodium carbonate. Aqueous acids have a pH of less than 7, where an acid of lower pH is typically stronger, and turn blue litmus paper red...
, or caustic substance shall be fined under this title or imprisoned not more than 20 years, or both."
- §115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member
- § 116. Female genital mutilation to minors
- § 117. Domestic assault by an habitual offender
- Bankruptcy: Biological weapons
Chapters 11-20
: Bribery, Graft, and Conflicts of Interest: Child Support: Chemical Weapons: Civil Disorders: Civil Rights: Claims and Services in Matters Affecting Government: Coins and Currency: Common Carrier under the Influence of Alcohol or Drugs: Congressional, Cabinet, and Supreme Court Assassination, Kidnapping, and Assault: ConspiracyChapters 21-30
: Contempts: Contracts: Counterfeiting and Forgery: Criminal Street Gangs: Customs: Elections and Political ActivitiesChapters 31-40
: Embezzlement and Theft: Emblems, Insignia, and Names- §700 deals with flag desecrationFlag desecrationFlag desecration is a term applied to various acts that intentionally destroy, damage or mutilate a flag in public, most often a national flag. Often, such action is intended to make a political point against a country or its policies...
. - §701 prohibits the unauthorized manufacture, sale, or possession of official badgeBadgeA badge is a device or fashion accessory, often containing the insignia of an organization, which is presented or displayed to indicate some feat of service, a special accomplishment, a symbol of authority granted by taking an oath , a sign of legitimate employment or student status, or as a simple...
s, identification cards or other insigniaInsigniaInsignia or insigne pl -nia or -nias : a symbol or token of personal power, status or office, or of an official body of government or jurisdiction...
. - §702 prohibits the unauthorized wear of the uniformUniformA uniform is a set of standard clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are worn by armed forces and paramilitary organizations such as police, emergency services, security guards, in some workplaces and schools and by inmates...
s of the armed forcesUnited States armed forcesThe United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
and Public Health ServiceUnited States Public Health ServiceThe Public Health Service Act of 1944 structured the United States Public Health Service as the primary division of the Department of Health, Education and Welfare , which later became the United States Department of Health and Human Services. The PHS comprises all Agency Divisions of Health and...
, or of limitations. - §703 likewise prohibits the unauthorized wear of uniforms of foreign friendly nations with "intent to deceive or mislead."
- §704 prohibits the unauthorized wear, manufacture, or sale of awards and decorations of the United States militaryAwards and decorations of the United States militaryAwards and decorations of the United States Military are military decorations which recognize service and personal accomplishments while a member of the United States armed forces...
, with special provisions increasing the penalty if the award is the Medal of HonorMedal of HonorThe Medal of Honor is the highest military decoration awarded by the United States government. It is bestowed by the President, in the name of Congress, upon members of the United States Armed Forces who distinguish themselves through "conspicuous gallantry and intrepidity at the risk of his or her...
,: Escape and Rescue: Espionage and Censorship: Explosives and Other Dangerous Articles: Importation, Manufacture, Distribution and Storage of Explosive Materials
Chapters 41-50
: Extortion and Threats (including threats against the President of the United States): Extortionate Credit Transactions: False Personation: Firearms: Foreign Relations Threats: Forfeiture (§§ 981—987): Fraud and False Statements: Fugitives From JusticeChapters 61-70
: Lotteries: Mail Fraud- §1341 targets frauds and swindleSwindleThe term swindle may refer to:* Swindle, a confidence trick* Swindle, a kind of fraud* Swindle , a ruse by which a chess player in a losing position tricks his opponentIn media and popular culture, Swindle can refer to:...
s. - §1342 applies to fictitious name or address.
- §1343 applies to fraud by wireWire fraudMail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....
, radio, or television. - §1344 applies to bank fraudBank fraudBank fraud is the use of fraudulent means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently representing to be a bank or financial institution. In many instances, bank fraud is a criminal offense...
. - §1345 provides for injunctions against fraud.
- §1346 is a single sentence: "For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible rightIntangible assetIntangible assets are defined as identifiable non-monetary assets that cannot be seen, touched or physically measured, which are created through time and/or effort and that are identifiable as a separate asset...
of honest servicesHonest services fraudHonest services fraud refers to a 28-word sentence of , added by the United States Congress in 1988, which states: "For the purposes of this chapter, the term, scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."The statute...
. - §1347 targets health careHealth careHealth care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
fraud. - §1348 targets securities fraudSecurities fraudSecurities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws....
. - §1349 is a single sentence: "Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy."
- §1350 was introduced by the Sarbanes-Oxley ActSarbanes-Oxley ActThe Sarbanes–Oxley Act of 2002 , also known as the 'Public Company Accounting Reform and Investor Protection Act' and 'Corporate and Auditing Accountability and Responsibility Act' and commonly called Sarbanes–Oxley, Sarbox or SOX, is a United States federal law enacted on July 30, 2002, which...
and applies to failure of corporate officers to certify financial reports. - Malicious Mischief: Military and Navy: [Repealed]: Nationality and Citizenship
Chapters 71-80
: Obscenity: Obstruction of Justice: Partial-Birth Abortions: Passports and Visas: Peonage, Slavery, and Trafficking in Persons: PerjuryChapters 81-90
: Piracy and Privateering: Postal Service: Presidential and Presidential Staff Assassination, Kidnapping, and Assault: Prison-Made Goods: Prisons: Privacy: Professions and Occupations: Protection of Trade Secrets: Protection of Unborn ChildrenChapters 91-100
: Public Lands: Public Officers and Employees: Racketeering: Racketeer Influenced and Corrupt Organizations: Railroads: [Repealed]Chapters 101-120
: Records and Reports: Riots: RobberyRobbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
and Burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
: Sabotage
Sabotage
Sabotage is a deliberate action aimed at weakening another entity through subversion, obstruction, disruption, or destruction. In a workplace setting, sabotage is the conscious withdrawal of efficiency generally directed at causing some change in workplace conditions. One who engages in sabotage is...
: Seamen and Stowaways: Searches and seizures: Sexual Abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
: Sexual Exploitation
Sexual exploitation and abuse in humanitarian response
The sexual exploitation and abuse of beneficiaries by humanitarian workers first came to public attention with the release of a report in February 2002 of a joint assessment mission looking into the issue...
and Other Abuse of Children: Domestic Violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
and Stalking
Stalking
Stalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...
: Seamen Shipping: Stolen Property: Telemarketing Fraud
Telemarketing fraud
Telemarketing fraud is fraudulent selling conducted over the phone. It most often targets the poor and elderly. Common types include:*Advance fee fraud...
: Terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
: Torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
: Trafficking in Contraband Cigarettes: Treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, Sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
, and Subversive Activities: Transportation for Illegal Sexual Activity and Related Crimes: War Crimes: Wire and Electronic Communications Interception and Interception of Oral Communications
Chapters 121-123
: Stored Wire and Electronic Communications and Transactional Records Access: Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle RecordsPart II - Criminal Procedure
: General Provisions: Arrest and Commitment: Rewards for Information Concerning Terrorist Acts and Espionage: Searches and Seizures: Pen RegistersPen register
A pen register is an electronic device that records all numbers called from a particular telephone line. The term has come to include any device or program that performs similar functions to an original pen register, including programs monitoring Internet communications.The United States statutes...
and Trap and Trace Devices
Trap and trace device
A trap and trace device is an electronic device used to record and trace all communication signals from a telecommunication system. An analogous feature available for use by the general public would be Caller ID....
: Release and Detention Pending Judicial Proceedings: Speedy Trial
Speedy trial
Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the Sixth Amendment, is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair...
: Extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
: Jurisdiction and Venue: Military Extraterritorial Jurisdiction: Extraterritorial Jurisdiction over Certain Trafficking In Persons Offenses: Limitations: Grand Jury: Special Grand Jury: Indictment and Information: Trial by United States Magistrate Judges: Arraignment, Pleas and Trial: Witnesses and Evidence: Protection of Witnesses: Verdict: Sentences: Death Sentence: Post-Conviction DNA Testing: Postsentence Administration: [Repealed]: Miscellaneous Sentencing Provisions: Special Forfeiture of Collateral Profits of Crime: Contempts: Crime Victims Rights
Part III -Prisons and Prisoners
: General Provisions: Bureau of Prisons: Commitment and Transfer: Transfer To or From Foreign Countries: Employment: [Repealed]: [Repealed]: Offenders with Mental Disease or Defect: [Repealed]: Discharge and Release Payments: Institutions for Women: National Institute of CorrectionsPart IV - Correction of Youthful Offenders
: General provisions: (repealed): Juvenile delinquencyPart V - Immunity of Witnesses
: Immunity of WitnessesRepealed[citation needed] by Congress February 1, 2010. (Counter-evidence: keyword search at http://thomas.loc.gov with FullTextOfBill and Congress#111 returns no matches. Rather than just a raw date, instead supply H.R.3288.ENR or equivalent detailed reference; even a URL to a generic news story would lead to such details quickly.)
This statute covers a specific way to satisfy the 5th amendment (right to silence as a form of protection against self-incrimination) to the Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, but still force witnesses to testify. Basically, if a witness -- whether in a federal court such as the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
or in testimony before a Congressional subcommittee -- refuses to answer questions and pleads the 5th, the presiding officer can use the provisions of Title 18 Chapter 601 to forcibly compel the witness to answer the questions. Since this would violate the 5th amendment rights of the witness, the statute requires that the presiding officer must mandatorily preserve those rights, by guaranteeing the witness immunity from prosecution for anything they might truthfully say under such compulsion. (The witness is being compelled to answer the questions truthfully -- if they lie, they can be tried in court for perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
, but as long as they tell the truth, they are immune from being personally prosecuted for anything they might say -- which is the reverse of the usual situation, where anything you say can and will be used against you in a court of law.)
Actually giving a particular witness guaranteed immunity as a means to compelling their testimony is somewhat involved; the details of how it is done vary depending on the particular branch of government hearing the testimony. If the witness is testifying before an agency (includes Army/Navy/AirForce/VA/DOD/HomeSec/StateDept, FCC/FTC, DOT/NTSB, DOE/NRC/COP/DeptOfTheInterior, SEC/CFTC/FedBoard/FDIC, NLRB/LaborDept/CommerceDept/AgDept, DOJ/Treasury, and many others), the presiding officer for the agency needs approval from the federal Attorney General before they can grant a witness immunity and compel testimony. In court cases, the federal district attorney (for the particular federal district court which has jurisdiction in the case) needs approval from either the federal attorney general directly or from a specific set of the federal attorney general's underlings. In the case of testimony before congress, the body hearing the testimony must vote on whether or not to give immunity as a means to compel testimony, before getting a federal district court to issue to compulsion order; for a subcommittee, two-thirds of the full membership must vote affirmative, whereas for testimony before an entire house of congress a simple majority of members present voting affirmative is acceptable. Although congress must notify the federal attorney general 10 days in advance of submitting their request for compulsion to the federal district court, the AG cannot veto the order (but they can at their option instruct the federal district court to delay issuing the compulsion order for a period up to 20 days total).
External links
- U.S. Code Title 18, via United States Government Printing OfficeUnited States Government Printing OfficeThe United States Government Printing Office is an agency of the legislative branch of the United States federal government. The office prints documents produced by and for the federal government, including the Supreme Court, the Congress, the Executive Office of the President, executive...
- U.S. Code Title 18, via Cornell UniversityCornell UniversityCornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...
- text of Title 18 Chapter 601 Immunity for witnesses, via findlaw.com
- http://witnesses.uslegal.com/immunity, on the reasoning behind immunity guarantees
- How to incriminate yourself on the stand without getting in trouble, Jan 2008, by Harlan Protass, on Slate.com; retrieved 2011-11-02.