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Online Attorney
on organizations have been consulted prior to the
initiation of any project qualifying of any exemption created by
this section; and
"(2) such paid inmate employment will not result in the
displacement of employed workers, or be applied in skills,
crafts, or trades in which there is a surplus of available
gainful labor in the locality, or impair existing contracts for
services."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1762 of this title; title
41 section 35.
-End-
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18 USC Sec. 1762 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 85 - PRISON-MADE GOODS
-HEAD-
Sec. 1762. Marking packages
-STATUTE-
(a) All packages containing any goods, wares, or merchandise
manufactured, produced, or mined wholly or in part by convicts or
prisoners, except convicts or prisoners on parole or probation, or
in any penal or reformatory institution, when shipped or
transported in interstate or foreign commerce shall be plainly and
clearly marked, so that the name and address of the shipper, the
name and address of the consignee, the nature of the contents, and
the name and location of the penal or reformatory institution where
produced wholly or in part may be readily ascertained on an
inspection of the outside of such package.
(b) Whoever violates this section shall be fined under this
title, and any goods, wares, or merchandise transported in
violation of this section or section 1761 of this title shall be
forfeited to the United States, and may be seized and condemned by
like proceedings as those provided by law for the seizure and
forfeiture of property imported into the United States contrary to
law.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 102-393, title V,
Sec. 535(b), Oct. 6, 1992, 106 Stat. 1764; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
104-294, title VI, Sec. 601(a)(7), Oct. 11, 1996, 110 Stat. 3498.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 396c, 396d, 396e (July
24, 1935, ch. 412, Secs. 2, 3, 4, 49 Stat. 494, 495).
Section consolidates sections 396c, 396d, and 396e of title 18,
U.S.C., 1940 ed.
Words "upon conviction thereof" were deleted as unnecessary,
since punishment cannot be imposed until after conviction.
Words "transported in violation of this section or section 1761"
were added after the word "merchandise" to continue existing law.
The provisions of said section 396e of title 18, U.S.C., 1940
ed., relating to venue, were omitted as covered by section 3237 of
this title.
Minor changes were made in translations and phraseology.
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-294 substituted "fined under this
title" for "fined not more than $50,000".
1994 - Pub. L. 103-322, which directed the amendment of this
section by substituting "under this title" for "not more than
$1,000", could not be executed because the phrase "not more than
$1,000" did not appear in text subsequent to amendment of subsec.
(b) by Pub. L. 102-393. See 1992 Amendment note below.
1992 - Subsec. (b). Pub. L. 102-393 substituted "$50,000" for
"$1,000".
-End-
-CITE-
18 USC CHAPTER 87 - PRISONS 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 87 - PRISONS
-HEAD-
CHAPTER 87 - PRISONS
-MISC1-
Sec.
1791. Providing or possessing contraband in prison.
1792. Mutiny and riot prohibited.
1793. Trespass on Bureau of Prisons reservations and land.
AMENDMENTS
1986 - Pub. L. 99-646, Sec. 64(b), Nov. 10, 1986, 100 Stat. 3614,
added item 1793.
1984 - Pub. L. 98-473, title II, Sec. 1109(c), Oct. 12, 1984, 98
Stat. 2148, amended analysis generally by revising items 1791 and
1792, and by inserting a second chapter heading which was not
executed to text as redundant.
-End-
-CITE-
18 USC Sec. 1791 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 87 - PRISONS
-HEAD-
Sec. 1791. Providing or possessing contraband in prison
-STATUTE-
(a) Offense. - Whoever -
(1) in violation of a statute or a rule or order issued under a
statute, provides to an inmate of a prison a prohibited object,
or attempts to do so; or
(2) being an inmate of a prison, makes, possesses, or obtains,
or attempts to make or obtain, a prohibited object;
shall be punished as provided in subsection (b) of this section.
(b) Punishment. - The punishment for an offense under this
section is a fine under this title or -
(1) imprisonment for not more than 20 years, or both, if the
object is specified in subsection (d)(1)(C) of this section;
(2) imprisonment for not more than 10 years, or both, if the
object is specified in subsection (d)(1)(A) of this section;
(3) imprisonment for not more than 5 years, or both, if the
object is specified in subsection (d)(1)(B) of this section;
(4) imprisonment for not more than one year, or both, if the
object is specified in subsection (d)(1)(D) or (d)(1)(E) of this
section; and
(5) imprisonment for not more than 6 months, or both, if the
object is specified in subsection (d)(1)(F) of this section.
(c) Consecutive Punishment Required in Certain Cases. - Any
punishment imposed under subsection (b) for a violation of this
section involving a controlled substance shall be consecutive to
any other sentence imposed by any court for an offense involving
such a controlled substance. Any punishment imposed under
subsection (b) for a violation of this section by an inmate of a
prison shall be consecutive to the sentence being served by such
inmate at the time the inmate commits such violation.
(d) Definitions. - As used in this section -
(1) the term "prohibited object" means -
(A) a firearm or destructive device or a controlled substance
in schedule I or II, other than marijuana or a controlled
substance referred to in subparagraph (C) of this subsection;
(B) marijuana or a controlled substance in schedule III,
other than a controlled substance referred to in subparagraph
(C) of this subsection, ammunition, a weapon (other than a
firearm or destructive device), or an object that is designed
or intended to be used as a weapon or to facilitate escape from
a prison;
(C) a narcotic drug, methamphetamine, its salts, isomers, and
salts of its isomers, lysergic acid diethylamide, or
phencyclidine;
(D) a controlled substance (other than a controlled substance
referred to in subparagraph (A), (B), or (C) of this
subsection) or an alcoholic beverage;
(E) any United States or foreign currency; and
(F) any other object that threatens the order, discipline, or
security of a prison, or the life, health, or safety of an
individual;
(2) the terms "ammunition", "firearm", and "destructive device"
have, respectively, the meanings given those terms in section 921
of this title;
(3) the terms "controlled substance" and "narcotic drug" have,
respectively, the meanings given those terms in section 102 of
the Controlled Substances Act (21 U.S.C. 802); and
(4) the term "prison" means a Federal correctional, detention,
or penal facility.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 98-473, title II,
Sec. 1109(a), Oct. 12, 1984, 98 Stat. 2147; Pub. L. 99-646, Sec.
52(a), Nov. 10, 1986, 100 Stat. 3606; Pub. L. 100-690, title VI,
Sec. 6468(a), (b), Nov. 18, 1988, 102 Stat. 4376; Pub. L. 103-322,
title IX, Sec. 90101, title XXXIII, Sec. 330003(a), Sept. 13,
1994,108 Stat. 1986, 2140; Pub. L. 104-294, title VI, Sec. 601(m),
Oct. 11, 1996, 110 Stat. 3502.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 753j, 908 (May 14,
1930, ch. 274, Sec. 11, 46 Stat. 327; May 27, 1930, ch. 339, Sec.
8, 46 Stat. 390).
Section consolidates sections 753j and 908 of title 18, U.S.C.,
1940 ed. The section was broadened to include the taking or sending
out of contraband from the institution. This was suggested by
representatives of the Federal Bureau of Prisons and the Criminal
Division of the Department of Justice. In other respects the
section was rewritten without change of substance.
The words "narcotic", "drug", "weapon" and "contraband" were
omitted, since the insertion of the words "contrary to any rule or
regulation promulgated by the attorney general" preserves the
intent of the original statutes.
Words "guilty of a felony" were deleted as unnecessary in view of
definitive section 1 of this title. (See also reviser's note under
section 550 of this title.)
Minor verbal changes also were made.
-REFTEXT-
REFERENCES IN TEXT
Schedules I, II, and III, referred to in subsec. (d)(1)(A), (B),
probably mean schedules I to III of the schedules of controlled
substances, which are set out in section 812(c) of Title 21, Food
and Drugs.
-MISC2-
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-294 inserted heading.
1994 - Subsec. (b)(2) to (5). Pub. L. 103-322, Secs. 90101(6),
330003(a), amended subsec. (b) identically, substituting "(d)" for
"(c)" wherever appearing in pars. (2) to (5).
Subsec. (c). Pub. L. 103-322, Sec. 90101(1), inserted at
beginning "Any punishment imposed under subsection (b) for a
violation of this section involving a controlled substance shall be
consecutive to any other sentence imposed by any court for an
offense involving such a controlled substance."
Subsec. (d)(1)(A). Pub. L. 103-322, Sec. 90101(2), inserted
before semicolon at end "or a controlled substance in schedule I or
II, other than marijuana or a controlled substance referred to in
subparagraph (C) of this subsection".
Subsec. (d)(1)(B). Pub. L. 103-322, Sec. 90101(3), inserted
"marijuana or a controlled substance in schedule III, other than a
controlled substance referred to in subparagraph (C) of this
subsection," before "ammunition,".
Subsec. (d)(1)(C). Pub. L. 103-322, Sec. 90101(4), inserted
"methamphetamine, its salts, isomers, and salts of its isomers,"
after "narcotic drug,".
Subsec. (d)(1)(D). Pub. L. 103-322, Sec. 90101(5), inserted "(A),
(B), or" before "(C)".
1988 - Subsec. (b). Pub. L. 100-690, Sec. 6468(a), added par.
(1), redesignated former pars. (1) to (4) as (2) to (5),
respectively, and struck out "or (c)(1)(C)" after "subsection
(c)(1)(B)" in par. (3) as redesignated.
Subsecs. (c), (d). Pub. L. 100-690, Sec. 6468(b), added subsec.
(c) and redesignated former subsec. (c) as (d).
1986 - Pub. L. 99-646 amended section generally. Prior to
amendment, section read as follows:
"(a) Offense. - A person commits an offense if, in violation of a
statute, or a regulation, rule, or order issued pursuant thereto -
"(1) he provides, or attempts to provide, to an inmate of a
Federal penal or correctional facility -
"(A) a firearm or destructive device;
"(B) any other weapon or object that may be used as a weapon
or as a means of facilitating escape;
"(C) a narcotic drug as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802);
"(D) a controlled substance, other than a narcotic drug, as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802), or an alcoholic beverage;
"(E) United States currency; or
"(F) any other object; or
"(2) being an inmate of a Federal penal or correctional
facility, he makes, possesses, procures, or otherwise provides
himself with, or attempts to make, possess, procure, or otherwise
provide himself with, anything described in paragraph (1).
"(b) Grading. - An offense described in this section is
punishable by -
"(1) imprisonment for not more than ten years, a fine of not
more than $25,000, or both, if the object is anything set forth
in paragraph (1)(A);
"(2) imprisonment for not more than five years, a fine of not
more than $10,000, or both, if the object is anything set forth
in paragraph (1)(B) or (1)(C);
"(3) imprisonment for not more than one year, a fine of not
more than $5,000, or both, if the object is anything set forth in
paragraph (1)(D) or (1)(E); and
"(4) imprisonment for not more than six months, a fine of not
more than $1,000, or both, if the object is any other object.
"(c) Definitions. - As used in this section, 'firearm' and
'destructive device' have the meaning given those terms,
respectively, in 18 U.S.C. 921(a)(3) and (4)."
1984 - Pub. L. 98-473 substituted provisions relating to
providing or possessing contraband in prison, grading of offenses
and definitions of "firearm" and "destructive device" for former
provisions relating to traffic in contraband articles.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 52(b) of Pub. L. 99-646 provided that: "The amendment
made by this section [amending this section] shall take effect 30
days after the date of the enactment of this Act [Nov. 10, 1986]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3050 of this title.
-End-
-CITE-
18 USC Sec. 1792 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 87 - PRISONS
-HEAD-
Sec. 1792. Mutiny and riot prohibited
-STATUTE-
Whoever instigates, connives, willfully attempts to cause,
assists, or conspires to cause any mutiny or riot, at any Federal
penal, detention, or correctional facility, shall be imprisoned not
more than ten years or fined under this title, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 98-473, title II,
Sec. 1109(b), Oct. 12, 1984, 98 Stat. 2148; Pub. L. 99-646, Sec.
53(a), Nov. 10, 1986, 100 Stat. 3607; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(O), Sept. 13, 1994, 108 Stat. 2148.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 252 (May 18, 1934, ch.
303, Sec. 1, 48 Stat. 782).
Escape provisions of this section were incorporated in section
752 of this title.
Reference to persons causing, procuring, aiding and assisting was
omitted. Such persons are principals under section 2 of this title.
Minor changes were made in translation and phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $25,000".
1986 - Pub. L. 99-646 inserted ", detention," after "penal".
1984 - Pub. L. 98-473 substituted provisions deleting prohibition
on bringing dangerous instrumentalities into prison and inserted
provision setting forth a maximum $25,000 fine.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 53(b) of Pub. L. 99-646 provided that: "The amendment
made by this section [amending this section] shall take effect 30
days after the enactment of this Act [Nov. 10, 1986]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3050 of this title.
-End-
-CITE-
18 USC Sec. 1793 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 87 - PRISONS
-HEAD-
Sec. 1793. Trespass on Bureau of Prisons reservations and land
-STATUTE-
Whoever, without lawful authority or permission, goes upon a
reservation, land, or a facility of the Bureau of Prisons shall be
fined under this title or imprisoned not more than six months, or
both.
-SOURCE-
(Added Pub. L. 99-646, Sec. 64(a), Nov. 10, 1986, 100 Stat. 3614;
amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13,
1994, 108 Stat. 2147.)
-MISC1-
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 section 3050 of this title.
-End-
-CITE-
18 USC CHAPTER 89 - PROFESSIONS AND OCCUPATIONS 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 89 - PROFESSIONS AND OCCUPATIONS
-HEAD-
CHAPTER 89 - PROFESSIONS AND OCCUPATIONS
-MISC1-
Sec.
1821. Transportation of dentures.
-End-
-CITE-
18 USC Sec. 1821 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 89 - PROFESSIONS AND OCCUPATIONS
-HEAD-
Sec. 1821. Transportation of dentures
-STATUTE-
Whoever transports by mail or otherwise to or within the District
of Columbia or any Possession of the United States or uses the
mails or any instrumentality of interstate commerce for the purpose
of sending or bringing into any State or Territory any set of
artificial teeth or prosthetic dental appliance or other denture,
constructed from any cast or impression made by any person other
than, or without the authorization or prescription of, a person
licensed to practice dentistry under the laws of the place into
which such denture is sent or brought, where such laws prohibit;
(1) the taking of impressions or casts of the human mouth or
teeth by a person not licensed under such laws to practice
dentistry;
(2) the construction or supply of dentures by a person other
than, or without the authorization or prescription of, a person
licensed under such laws to practice dentistry; or
(3) the construction or supply of dentures from impressions or
casts made by a person not licensed under such laws to practice
dentistry -
Shall be fined under this title or imprisoned not more than one
year, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 104-294, title VI,
Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-273,
div. B, title IV, Sec. 4004(c), Nov. 2, 2002, 116 Stat. 1812.)
-MISC1-
HISTORICAL AND REVISION NOTE
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