|
Online Attorney
AMENDMENTS
1996 - Pub. L. 104-294, Sec. 604(b)(12)(B), repealed Pub. L.
103-322, Sec. 320101(c)(1)(A), (2)(A). See 1994 Amendment note
below.
Pub. L. 104-294, Sec. 604(b)(7), repealed Pub. L. 103-322, Sec.
170201(c)(1)-(3). See 1994 Amendment note below.
1994 - Pub. L. 103-322, Sec. 330016(2)(B), substituted "a fine
under this title" for "fine of not more than" through the
immediately following dollar amount wherever appearing.
Pub. L. 103-322, Sec. 320101(c), as amended by Pub. L. 104-294,
Sec. 604(b)(12)(B), which directed the amendment of subsec. (c) by
substituting "ten years" for "five years" and the amendment of
subsec. (e) by substituting "six months" for "three months", were
executed by making the substitutions in subsecs. (a)(3) and (a)(5),
respectively, to reflect the probable intent of Congress and the
redesignation of subsecs. (c) and (e) as subsecs. (a)(3) and
(a)(5), respectively. See below.
Pub. L. 103-322, Sec. 170201(a)-(d), as amended by Pub. L.
104-294, Sec. 604(b)(7), designated existing provisions as subsec.
(a), redesignated former subsecs. (a) to (f) as pars. (1) to (6),
respectively of subsec. (a) and realigned margins, inserted before
period at end of par. (5) ", 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", and
added subsecs. (a)(7) and (b).
1986 - Subsec. (a). Pub. L. 99-646, Sec. 87(c)(2), and Pub. L.
99-654, Sec. 3(a)(2), amended subsec. (a) identically, striking out
"or rape" after "murder".
Subsec. (b). Pub. L. 99-646, Sec. 87(c)(3), and Pub. L. 99-654,
Sec. 3(a)(3), amended subsec. (b) identically, substituting "a
felony under chapter 109A" for "rape".
1976 - Subsec. (f). Pub. L. 94-297 added subsec. (f).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 of this title.
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 1111, 1113, 3559, 5032 of
this title; title 49 section 46506.
-End-
-CITE-
18 USC Sec. 114 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 7 - ASSAULT
-HEAD-
Sec. 114. Maiming within maritime and territorial jurisdiction
-STATUTE-
Whoever, within the special maritime and territorial jurisdiction
of the United States, and with intent to torture (as defined in
section 2340), maim, or disfigure, cuts, bites, or slits the nose,
ear, or lip, or cuts out or disables the tongue, or puts out or
destroys an eye, 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 scalding water, corrosive acid, or caustic
substance -
Shall be fined under this title or imprisoned not more than
twenty years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 689; May 24, 1949, ch. 139, Sec.
3, 63 Stat. 90; Pub. L. 98-473, title II, Sec. 1009A, Oct. 12,
1984, 98 Stat. 2141; Pub. L. 101-647, title XXXV, Sec. 3507, Nov.
29, 1990, 104 Stat. 4922; Pub. L. 103-322, title XXXIII, Sec.
330016(1)(O), Sept. 13, 1994, 108 Stat. 2148; Pub. L. 104-132,
title VII, Sec. 705(a)(1), Apr. 24, 1996, 110 Stat. 1295.)
-MISC1-
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., Sec. 462 (Mar. 4, 1909, ch.
321, Sec. 283, 35 Stat. 1144).
The words "within the special maritime and territorial
jurisdiction of the United States, and" were added to preserve
jurisdictional limitation provided for by section 451 of title 18,
U.S.C., 1940 ed., now section 7 of this title. (See reviser's note
thereunder.)
Changes in phraseology were made.
1949 ACT
This section [section 3] corrects a typographical error in
section 114 of title 18, U.S.C.
AMENDMENTS
1996 - Pub. L. 104-132 substituted "torture (as defined in
section 2340), maim, or disfigure" for "maim or disfigure".
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $25,000".
1990 - Pub. L. 101-647 substituted "or imprisoned" for "and
imprisoned".
1984 - Pub. L. 98-473 substituted "and imprisoned" for "or
imprisoned" and provisions raising maximum fine from $1,000 to
$25,000 and raising maximum term of imprisonment from seven years
to twenty years.
1949 - Act May 24, 1949, corrected spelling of "maim".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 49 section 46506.
-End-
-CITE-
18 USC Sec. 115 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 7 - ASSAULT
-HEAD-
Sec. 115. Influencing, impeding, or retaliating against a Federal
official by threatening or injuring a family member
-STATUTE-
(a)(1) Whoever -
(A) assaults, kidnaps, or murders, or attempts or conspires to
kidnap or murder, or threatens to assault, kidnap or murder a
member of the immediate family of a United States official, a
United States judge, a Federal law enforcement officer, or an
official whose killing would be a crime under section 1114 of
this title; or
(B) threatens to assault, kidnap, or murder, a United States
official, a United States judge, a Federal law enforcement
officer, or an official whose killing would be a crime under such
section,
with intent to impede, intimidate, or interfere with such official,
judge, or law enforcement officer while engaged in the performance
of official duties, or with intent to retaliate against such
official, judge, or law enforcement officer on account of the
performance of official duties, shall be punished as provided in
subsection (b).
(2) Whoever assaults, kidnaps, or murders, or attempts or
conspires to kidnap or murder, or threatens to assault, kidnap, or
murder, any person who formerly served as a person designated in
paragraph (1), or a member of the immediate family of any person
who formerly served as a person designated in paragraph (1), with
intent to retaliate against such person on account of the
performance of official duties during the term of service of such
person, shall be punished as provided in subsection (b).
(b)(1) An assault in violation of this section shall be punished
as provided in section 111 of this title.
(2) A kidnapping, attempted kidnapping, or conspiracy to kidnap
in violation of this section shall be punished as provided in
section 1201 of this title for the kidnapping or attempted
kidnapping of, or a conspiracy to kidnap, a person described in
section 1201(a)(5) of this title.
(3) A murder, attempted murder, or conspiracy to murder in
violation of this section shall be punished as provided in sections
1111, 1113, and 1117 of this title.
(4) A threat made in violation of this section shall be punished
by a fine under this title or imprisonment for a term of not more
than 10 years, or both, except that imprisonment for a threatened
assault shall not exceed 6 years.
(c) As used in this section, the term -
(1) "Federal law enforcement officer" means any officer, agent,
or employee of the United States authorized by law or by a
Government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
Federal criminal law;
(2) "immediate family member" of an individual means -
(A) his spouse, parent, brother or sister, child or person to
whom he stands in loco parentis; or
(B) any other person living in his household and related to
him by blood or marriage;
(3) "United States judge" means any judicial officer of the
United States, and includes a justice of the Supreme Court and a
United States magistrate judge; and
(4) "United States official" means the President,
President-elect, Vice President, Vice President-elect, a Member
of Congress, a member-elect of Congress, a member of the
executive branch who is the head of a department listed in 5
U.S.C. 101, or the Director of the Central Intelligence Agency.
(d) This section shall not interfere with the investigative
authority of the United States Secret Service, as provided under
sections 3056, 871, and 879 of this title.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1008(a), Oct. 12, 1984, 98
Stat. 2140; amended Pub. L. 99-646, Secs. 37(a), 60, Nov. 10, 1986,
100 Stat. 3599, 3613; Pub. L. 100-690, title VI, Sec. 6487(f)[b],
Nov. 18, 1988, 102 Stat. 4386; Pub. L. 101-647, title XXXV, Sec.
3508, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322, title
XXXIII, Secs. 330016(2)(C), 330021(1), Sept. 13, 1994, 108 Stat.
2148, 2150; Pub. L. 104-132, title VII, Secs. 723(a), 727(b), Apr.
24, 1996, 110 Stat. 1300, 1302; Pub. L. 107-273, div. B, title IV,
Sec. 4002(b)(9), div. C, title I, Sec. 11008(c), Nov. 2, 2002, 116
Stat. 1808, 1818.)
-MISC1-
AMENDMENTS
2002 - Subsec. (b)(2). Pub. L. 107-273, Sec. 4002(b)(9),
substituted "or attempted kidnapping of, or a conspiracy to kidnap,
a person" for ", attempted kidnapping, or conspiracy to kidnap of a
person".
Subsec. (b)(4). Pub. L. 107-273, Sec. 11008(c), substituted "10"
for "five" and "6" for "three".
1996 - Subsec. (a)(1)(A). Pub. L. 104-132, Sec. 723(a)(1),
inserted "or conspires" after "attempts".
Subsec. (a)(2). Pub. L. 104-132, Sec. 727(b)(1), which directed
insertion of ", or threatens to assault, kidnap, or murder, any
person who formerly served as a person designated in paragraph (1),
or" after "assaults, kidnaps, or murders, or attempts to kidnap or
murder", was executed by making the substitution after "assaults,
kidnaps, or murders, or attempts or conspires to kidnap or murder"
to reflect the probable intent of Congress and the amendment by
Pub. L. 104-132, Sec. 723(a)(1). See below.
Pub. L. 104-132, Sec. 723(a)(1), inserted "or conspires" after
"attempts".
Subsec. (b)(2). Pub. L. 104-132, Sec. 723(a)(2), substituted ",
attempted kidnapping, or conspiracy to kidnap" for "or attempted
kidnapping" in two places.
Subsec. (b)(3). Pub. L. 104-132, Sec. 723(a)(3), substituted ",
attempted murder, or conspiracy to murder" and ", 1113, and 1117"
for "or attempted murder" and "and 1113", respectively.
Subsec. (d). Pub. L. 104-132, Sec. 727(b)(2), added subsec. (d).
1994 - Subsec. (b)(2). Pub. L. 103-322, Sec. 330021(1),
substituted "kidnapping" for "kidnaping" in two places.
Subsec. (b)(4). Pub. L. 103-322, Sec. 330016(2)(C), substituted
"fine under this title" for "fine of not more than $5,000".
1990 - Subsec. (c)(4). Pub. L. 101-647 substituted "the Central"
for "The Central".
1988 - Subsec. (a). Pub. L. 100-690 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows:
"Whoever assaults, kidnaps, or murders, or attempts to kidnap or
murder, or threatens to assault, kidnap or murder a member of the
immediate family of a United States official, a United States
judge, a Federal law enforcement officer, or an official whose
killing would be a crime under section 1114 of this title, or
threatens to assault, kidnap, or murder, a United States official,
a United States judge, a Federal law enforcement officer, or an
official whose killing would be a crime under such section with
intent to impede, intimidate, interfere with, or retaliate against
such official, judge or law enforcement officer while engaged in or
on account of the performance of official duties, shall be punished
as provided in subsection (b)."
1986 - Subsec. (a). Pub. L. 99-646, Sec. 60, substituted "section
1114 of this title, or threatens to assault, kidnap, or murder, a
United States official, a United States judge, a Federal law
enforcement officer, or an official whose killing would be a crime
under such section" for "18 U.S.C. 1114, as amended,", "while
engaged" for "while he is engaged", and "official duties" for "his
official duties".
Subsec. (b)(2). Pub. L. 99-646, Sec. 37(a), inserted "for the
kidnapping or attempted kidnapping of a person described in section
1201(a)(5) of this title".
-CHANGE-
CHANGE OF NAME
"United States magistrate judge" substituted for "United States
magistrate" in subsec. (c)(3) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of the functions, personnel, assets, and obligations
of the United States Secret Service, including the functions of the
Secretary of the Treasury relating thereto, to the Secretary of
Homeland Security, and for treatment of related references, see
sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 21, 1956, 2261A, 2516,
4243 of this title.
-End-
-CITE-
18 USC Sec. 116 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 7 - ASSAULT
-HEAD-
Sec. 116. Female genital mutilation
-STATUTE-
(a) Except as provided in subsection (b), whoever knowingly
circumcises, excises, or infibulates the whole or any part of the
labia majora or labia minora or clitoris of another person who has
not attained the age of 18 years shall be fined under this title or
imprisoned not more than 5 years, or both.
(b) A surgical operation is not a violation of this section if
the operation is -
(1) necessary to the health of the person on whom it is
performed, and is performed by a person licensed in the place of
its performance as a medical practitioner; or
(2) performed on a person in labor or who has just given birth
and is performed for medical purposes connected with that labor
or birth by a person licensed in the place it is performed as a
medical practitioner, midwife, or person in training to become
such a practitioner or midwife.
(c) In applying subsection (b)(1), no account shall be taken of
the effect on the person on whom the operation is to be performed
of any belief on the part of that person, or any other person, that
the operation is required as a matter of custom or ritual.
-SOURCE-
(Added Pub. L. 104-208, div. C, title VI, Sec. 645(b)(1), Sept. 30,
1996, 110 Stat. 3009-709.)
-MISC1-
EFFECTIVE DATE
Section 645(c) of div. C of Pub. L. 104-208 provided that: "The
amendments made by subsection (b) [enacting this section] shall
take effect on the date that is 180 days after the date of the
enactment of this Act [Sept. 30, 1996]."
CONGRESSIONAL FINDINGS
Section 645(a) of div. C of Pub. L. 104-208 provided that: "The
Congress finds that -
"(1) the practice of female genital mutilation is carried out
by members of certain cultural and religious groups within the
United States;
"(2) the practice of female genital mutilation often results in
the occurrence of physical and psychological health effects that
harm the women involved;
"(3) such mutilation infringes upon the guarantees of rights
secured by Federal and State law, both statutory and
constitutional;
"(4) the unique circumstances surrounding the practice of
female genital mutilation place it beyond the ability of any
single State or local jurisdiction to control;
"(5) the practice of female genital mutilation can be
prohibited without abridging the exercise of any rights
guaranteed under the first amendment to the Constitution or under
any other law; and
"(6) Congress has the affirmative power under section 8 of
article I, the necessary and proper clause, section 5 of the
fourteenth Amendment, as well as under the treaty clause, to the
Constitution to enact such legislation."
-End-
-CITE-
18 USC CHAPTER 9 - BANKRUPTCY 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 9 - BANKRUPTCY
-HEAD-
CHAPTER 9 - BANKRUPTCY
-MISC1-
Sec.
151. Definition.
152. Concealment of assets; false oaths and claims;
bribery.
153. Embezzlement against estate.
154. Adverse interest and conduct of officers.
155. Fee agreements in cases under title 11 and
receiverships.
156. Knowing disregard of bankruptcy law or rule.
157. Bankruptcy fraud.
AMENDMENTS
1994 - Pub. L. 103-394, title III, Sec. 312(a)(2), Oct. 22, 1994,
108 Stat. 4140, substituted "against estate" for "by trustee or
officer" in item 153 and added items 156 and 157.
1978 - Pub. L. 95-598, title III, Sec. 314(b)(2), (d)(3), (e)(3),
(f)(3), Nov. 6, 1978, 92 Stat. 2677, substituted in item 151
"Definition" for "Definitions"; struck from item 153 ", receiver"
after "trustee" and from item 154 "referees and other" before
"officers"; and substituted in item 155 "cases under title 11 and
receiverships" for "bankruptcy proceedings".
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 3057 of this title.
-End-
-CITE-
18 USC Sec. 151 01/19/04
-E
Online Attorney
Read this important disclaimer
If you experience unusual problems with this site please email the webmaster.
Copyright: David Matheny, 2006-2008.
|
|