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Online Attorney
proceedings to enforce such
lien may be brought summarily by way of libel in any court of the
United States having jurisdiction thereof. The Secretary of the
Treasury may mitigate or remit any of the penalties provided by
this section on such terms as he deems proper.
-SOURCE-
(Added May 24, 1949, ch. 139, Sec. 23, 63 Stat. 92.)
-End-
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18 USC Sec. 1084 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 50 - GAMBLING
-HEAD-
Sec. 1084. Transmission of wagering information; penalties
-STATUTE-
(a) Whoever being engaged in the business of betting or wagering
knowingly uses a wire communication facility for the transmission
in interstate or foreign commerce of bets or wagers or information
assisting in the placing of bets or wagers on any sporting event or
contest, or for the transmission of a wire communication which
entitles the recipient to receive money or credit as a result of
bets or wagers, or for information assisting in the placing of bets
or wagers, shall be fined under this title or imprisoned not more
than two years, or both.
(b) Nothing in this section shall be construed to prevent the
transmission in interstate or foreign commerce of information for
use in news reporting of sporting events or contests, or for the
transmission of information assisting in the placing of bets or
wagers on a sporting event or contest from a State or foreign
country where betting on that sporting event or contest is legal
into a State or foreign country in which such betting is legal.
(c) Nothing contained in this section shall create immunity from
criminal prosecution under any laws of any State.
(d) When any common carrier, subject to the jurisdiction of the
Federal Communications Commission, is notified in writing by a
Federal, State, or local law enforcement agency, acting within its
jurisdiction, that any facility furnished by it is being used or
will be used for the purpose of transmitting or receiving gambling
information in interstate or foreign commerce in violation of
Federal, State or local law, it shall discontinue or refuse, the
leasing, furnishing, or maintaining of such facility, after
reasonable notice to the subscriber, but no damages, penalty or
forfeiture, civil or criminal, shall be found against any common
carrier for any act done in compliance with any notice received
from a law enforcement agency. Nothing in this section shall be
deemed to prejudice the right of any person affected thereby to
secure an appropriate determination, as otherwise provided by law,
in a Federal court or in a State or local tribunal or agency, that
such facility should not be discontinued or removed, or should be
restored.
(e) As used in this section, the term "State" means a State of
the United States, the District of Columbia, the Commonwealth of
Puerto Rico, or a commonwealth, territory or possession of the
United States.
-SOURCE-
(Added Pub. L. 87-216, Sec. 2, Sept. 13, 1961, 75 Stat. 491;
amended Pub. L. 100-690, title VII, Sec. 7024, Nov. 18, 1988, 102
Stat. 4397; Pub. L. 101-647, title XII, Sec. 1205(g), Nov. 29,
1990, 104 Stat. 4831; Pub. L. 103-322, title XXXIII, Sec.
330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
title" for "fined not more than $10,000".
1990 - Subsec. (e). Pub. L. 101-647 inserted "commonwealth,"
before "territory or possession of the United States".
1988 - Subsec. (b). Pub. L. 100-690, Sec. 7024(a), inserted "or
foreign country" after "State" in two places.
Subsec. (c). Pub. L. 100-690, Sec. 7024(b)(2), struck out ",
Commonwealth of Puerto Rico, territory, possession, or the District
of Columbia" after "State".
Subsec. (e). Pub. L. 100-690, Sec. 7024(b)(1), added subsec. (e).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2516 of this title;
title 8 section 1101.
-End-
-CITE-
18 USC CHAPTER 50A - GENOCIDE 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 50A - GENOCIDE
-HEAD-
CHAPTER 50A - GENOCIDE
-MISC1-
Sec.
1091. Genocide.
1092. Exclusive remedies.
1093. Definitions.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 22 sections 2151n, 2304.
-End-
-CITE-
18 USC Sec. 1091 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 50A - GENOCIDE
-HEAD-
Sec. 1091. Genocide
-STATUTE-
(a) Basic Offense. - Whoever, whether in time of peace or in time
of war, in a circumstance described in subsection (d) and with the
specific intent to destroy, in whole or in substantial part, a
national, ethnic, racial, or religious group as such -
(1) kills members of that group;
(2) causes serious bodily injury to members of that group;
(3) causes the permanent impairment of the mental faculties of
members of the group through drugs, torture, or similar
techniques;
(4) subjects the group to conditions of life that are intended
to cause the physical destruction of the group in whole or in
part;
(5) imposes measures intended to prevent births within the
group; or
(6) transfers by force children of the group to another group;
or attempts to do so, shall be punished as provided in subsection
(b).
(b) Punishment for Basic Offense. - The punishment for an offense
under subsection (a) is -
(1) in the case of an offense under subsection (a)(1), where
death results, by death or imprisonment for life and a fine of
not more than $1,000,000, or both; and
(2) a fine of not more than $1,000,000 or imprisonment for not
more than twenty years, or both, in any other case.
(c) Incitement Offense. - Whoever in a circumstance described in
subsection (d) directly and publicly incites another to violate
subsection (a) shall be fined not more than $500,000 or imprisoned
not more than five years, or both.
(d) Required Circumstance for Offenses. - The circumstance
referred to in subsections (a) and (c) is that -
(1) the offense is committed within the United States; or
(2) the alleged offender is a national of the United States (as
defined in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101)).
(e) Nonapplicability of Certain Limitations. - Notwithstanding
section 3282 of this title, in the case of an offense under
subsection (a)(1), an indictment may be found, or information
instituted, at any time without limitation.
-SOURCE-
(Added Pub. L. 100-606, Sec. 2(a), Nov. 4, 1988, 102 Stat. 3045;
amended Pub. L. 103-322, title VI, Sec. 60003(a)(13), Sept. 13,
1994, 108 Stat. 1970; Pub. L. 107-273, div. B, title IV, Sec.
4002(a)(4), (b)(7), Nov. 2, 2002, 116 Stat. 1806, 1808.)
-MISC1-
AMENDMENTS
2002 - Subsec. (b)(1). Pub. L. 107-273, Sec. 4002(b)(7),
substituted "subsection (a)(1)," for "subsection (a)(1),,".
Pub. L. 107-273, Sec. 4002(a)(4), made technical correction to
directory language of Pub. L. 103-322. See 1994 Amendment note
below.
1994 - Subsec. (b)(1). Pub. L. 103-322, as amended by Pub. L.
107-273, Sec. 4002(a)(4), substituted ", where death results, by
death or imprisonment for life and a fine of not more than
$1,000,000, or both;" for "a fine of not more than $1,000,000 and
imprisonment for life,".
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(4), Nov. 2, 2002,
116 Stat. 1806, provided that the amendment made by section
4002(a)(4) is effective Sept. 13, 1994.
SHORT TITLE
Section 1 of Pub. L. 100-606 provided that: "This Act [enacting
this chapter] may be cited as the 'Genocide Convention
Implementation Act of 1987 (the Proxmire Act)'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 38 section 6105.
-End-
-CITE-
18 USC Sec. 1092 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 50A - GENOCIDE
-HEAD-
Sec. 1092. Exclusive remedies
-STATUTE-
Nothing in this chapter shall be construed as precluding the
application of State or local laws to the conduct proscribed by
this chapter, nor shall anything in this chapter be construed as
creating any substantive or procedural right enforceable by law by
any party in any proceeding.
-SOURCE-
(Added Pub. L. 100-606, Sec. 2(a), Nov. 4, 1988, 102 Stat. 3046.)
-End-
-CITE-
18 USC Sec. 1093 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 50A - GENOCIDE
-HEAD-
Sec. 1093. Definitions
-STATUTE-
As used in this chapter -
(1) the term "children" means the plural and means individuals
who have not attained the age of eighteen years;
(2) the term "ethnic group" means a set of individuals whose
identity as such is distinctive in terms of common cultural
traditions or heritage;
(3) the term "incites" means urges another to engage imminently
in conduct in circumstances under which there is a substantial
likelihood of imminently causing such conduct;
(4) the term "members" means the plural;
(5) the term "national group" means a set of individuals whose
identity as such is distinctive in terms of nationality or
national origins;
(6) the term "racial group" means a set of individuals whose
identity as such is distinctive in terms of physical
characteristics or biological descent;
(7) the term "religious group" means a set of individuals whose
identity as such is distinctive in terms of common religious
creed, beliefs, doctrines, practices, or rituals; and
(8) the term "substantial part" means a part of a group of such
numerical significance that the destruction or loss of that part
would cause the destruction of the group as a viable entity
within the nation of which such group is a part.
-SOURCE-
(Added Pub. L. 100-606, Sec. 2(a), Nov. 4, 1988, 102 Stat. 3046.)
-End-
-CITE-
18 USC CHAPTER 51 - HOMICIDE 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 51 - HOMICIDE
-HEAD-
CHAPTER 51 - HOMICIDE
-MISC1-
Sec.
1111. Murder.
1112. Manslaughter.
1113. Attempt to commit murder or manslaughter.
1114. Protection of officers and employees of the United
States.
1115. Misconduct or neglect of ship officers.
1116. Murder or manslaughter of foreign officials, official
guests, or internationally protected persons.
1117. Conspiracy to murder.
1118. Murder by a Federal prisoner.
1119. Foreign murder of United States nationals.
1120. Murder by escaped prisoners.
1121. Killing persons aiding Federal investigations or State
correctional officers.
1122. Protection against the human immunodeficiency virus.
AMENDMENTS
1996 - Pub. L. 104-294, title VI, Sec. 601(a)(6), Oct. 11, 1996,
110 Stat. 3498, added item 1122.
1994 - Pub. L. 103-322, title VI, Secs. 60005(b), 60009(b)(2),
60012(b), 60015(b), Sept. 13, 1994, 108 Stat. 1970, 1972-1974,
added items 1118 to 1121.
1976 - Pub. L. 94-467, Sec. 3, Oct. 8, 1976, 90 Stat. 1998,
substituted "official guests, or internationally protected persons"
for "or official guests" in item 1116.
1972 - Pub. L. 92-539, title I, Sec. 102, Oct. 24, 1972, 86 Stat.
1071, added items 1116 and 1117.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 42 section 14135a.
-End-
-CITE-
18 USC Sec. 1111 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 51 - HOMICIDE
-HEAD-
Sec. 1111. Murder
-STATUTE-
(a) Murder is the unlawful killing of a human being with malice
aforethought. Every murder perpetrated by poison, lying in wait, or
any other kind of willful, deliberate, malicious, and premeditated
killing; or committed in the perpetration of, or attempt to
perpetrate, any arson, escape, murder, kidnapping, treason,
espionage, sabotage, aggravated sexual abuse or sexual abuse, child
abuse, burglary, or robbery; or perpetrated as part of a pattern or
practice of assault or torture against a child or children; or
perpetrated from a premeditated design unlawfully and maliciously
to effect the death of any human being other than him who is
killed, is murder in the first degree.
Any other murder is murder in the second degree.
(b) Within the special maritime and territorial jurisdiction of
the United States,
Whoever is guilty of murder in the first degree shall be punished
by death or by imprisonment for life;
Whoever is guilty of murder in the second degree, shall be
imprisoned for any term of years or for life.
(c) For purposes of this section -
(1) the term "assault" has the same meaning as given that term
in section 113;
(2) the term "child" means a person who has not attained the
age of 18 years and is -
(A) under the perpetrator's care or control; or
(B) at least six years younger than the perpetrator;
(3) the term "child abuse" means intentionally or knowingly
causing death or serious bodily injury to a child;
(4) the term "pattern or practice of assault or torture" means
assault or torture engaged in on at least two occasions;
(5) the term "serious bodily injury" has the meaning set forth
in section 1365; and
(6) the term "torture" means conduct, whether or not committed
under the color of law, that otherwise satisfies the definition
set forth in section 2340(1).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 98-473, title II,
Sec. 1004, Oct. 12, 1984, 98 Stat. 2138; Pub. L. 99-646, Sec.
87(c)(4), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99-654, Sec.
3(a)(4), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 100-690, title VII,
Sec. 7025, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103-322, title
VI, Sec. 60003(a)(4), Sept. 13, 1994, 108 Stat. 1969; Pub. L.
108-21, title I, Sec. 102, Apr. 30, 2003, 117 Stat. 652.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 452, 454, 567 (Mar. 4,
1909, ch. 321, Secs. 273, 275, 330, 35 Stat. 1143, 1152).
Section consolidates the punishment provision of sections 454 and
567 of title 18, U.S.C., 1940 ed., with section 452 of title 18,
U.S.C., 1940 ed.
The provision of said section 454 for the death penalty for first
degree murder was consolidated with section 567 of said title 18,
by adding the words "unless the jury qualifies its verdict by
adding thereto 'without capital punishment' in which event he shall
be sentenced to imprisonment for life".
The punishment for second degree murder was changed and the
phrase "for any term of years or for life" was substituted for the
words "not less than ten years and may be imprisoned for life".
This change conforms to a uniform policy of omitting the minimum
punishment.
Said section 567 was not included in section 2031 of this title
since the rewritten punishment provision for rape removes the
necessity for a qualified verdict.
The special maritime and territorial jurisdiction provision was
added in view of definitive section 7 of this title.
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-21, Sec. 102(1), inserted "child
abuse," after "or sexual abuse," and "or perpetrated as part of a
pattern or practice of assault or torture against a child or
children;" after "robbery;".
Subsec. (c). Pub. L. 108-21, Sec. 102(2), added subsec. (c).
1994 - Subsec. (b). Pub. L. 103-322 amended second par.
generally. Prior to amendment, second par. read as follows:
"Whoever is guilty of murder in the first degree, shall suffer
death unless the jury qualifies its verdict by adding thereto
'without capital punishment', in which event he shall be sentenced
to imprisonment for life;".
1988 - Subsec. (a). Pub. L. 100-690 inserted a comma after
"arson".
1986 - Subsec. (a). Pub. L. 99-646 and Pub. L. 99-654 amended
subsec. (a) identically, substituting "aggravated sexual abuse or
sexual abuse" for ", rape".
1984 - Subsec. (a). Pub. L. 98-473 inserted "escape, murder,
kidnapping, treason, espionage, sabotage," after "arson".
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective
respectively 30 days after Nov. 10, 1986, and 30 days after Nov.
14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub.
L. 99-654, set out as an Effective Date note under section 2241 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 36, 115, 351, 924, 930,
1114, 1116, 1117, 1118, 1119, 1120, 1121, 1503, 1512, 1513, 1751,
1956, 2332, 3559, 5032 of this title; title 7 section 2146; title
15 section 1825; title 21 sections 461, 675, 1041; title 28 section
540B; title 42 sections 671, 2283, 5106a, 14135a; title 49 section
46506.
-End-
-CITE-
18 USC Sec. 1112 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 51 - HOMICIDE
-HEAD-
Sec. 1112. Manslaughter
-STATUTE-
(a) Manslaughter is the unlawful killing of a human being without
malice. It is of two kinds:
Voluntary - Upon a sudden quarrel or heat of passion.
Involuntary - In the commission of an unlawful act not amounting
to a felony, or in the commission in an unlawful manner, or
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