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ffense under
chapter 109A for which the identity of the accused is unknown, it
shall be sufficient to describe the accused as an individual
whose name is unknown, but who has a particular DNA profile.
(2) Exception. - Any indictment described under paragraph (1),
which is found not later than 5 years after the offense under
chapter 109A is committed, shall not be subject to -
(A) the limitations period described under subsection (a);
and
(B) the provisions of chapter 208 until the individual is
arrested or served with a summons in connection with the
charges contained in the indictment.
(3) Defined term. - For purposes of this subsection, the term
"DNA profile" means a set of DNA identification characteristics.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 828; Sept. 1, 1954, ch. 1214,
Sec. 12(a), formerly Sec. 10(a), 68 Stat. 1145; renumbered Pub. L.
87-299, Sec. 1, Sept. 26, 1961, 75 Stat. 648; Pub. L. 108-21, title
VI, Sec. 610(a), Apr. 30, 2003, 117 Stat. 692.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 746(g) of title 8, U.S.C., 1940 ed., Aliens and
Nationality, and on title 18, U.S.C., 1940 ed., Sec. 582 (R.S. Sec.
1044; Apr. 13, 1876, ch. 56, 19 Stat. 32; Nov. 17, 1921, ch. 124,
Sec. 1, 42 Stat. 220; Dec. 27, 1927, ch. 6, 45 Stat. 51; Oct. 14,
1940, ch. 876, title I, subchap. III, Sec. 346(g), 54 Stat. 1167).
Section 582 of title 18, U.S.C., 1940 ed., and section 746(g) of
title 8, U.S.C., 1940 ed., Aliens and Nationality, were
consolidated. "Except as otherwise expressly provided by law" was
inserted to avoid enumeration of exceptive provisions.
The proviso contained in the act of 1927 "That nothing herein
contained shall apply to any offense for which an indictment has
been heretofore found or an information instituted, or to any
proceedings under any such indictment or information," was omitted
as no longer necessary.
In the consolidation of these sections the 5-year period of
limitation for violations of the Nationality Code, provided for in
said section 746(g) of title 8, U.S.C., 1940 ed., Aliens and
Nationality, is reduced to 3 years. There seemed no sound basis for
considering 3 years adequate in the case of heinous felonies and
gross frauds against the United States but inadequate for misuse of
a passport or false statement to a naturalization examiner.
AMENDMENTS
2003 - Pub. L. 108-21 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
1954 - Act Sept. 1, 1954, changed the limitation period from
three years to five years.
EFFECTIVE DATE OF 1954 AMENDMENT
Section 12(b) of act Sept. 1, 1954, formerly section 10(b), as
renumbered by Pub. L. 87-299, Sec. 1, provided that: "The amendment
made by subsection (a) [amending this section] shall be effective
with respect to offenses (1) committed on or after September 1,
1954, or (2) committed prior to such date, if on such date
prosecution therefor is not barred by provisions of law in effect
prior to such date."
FUGITIVES FROM JUSTICE
Statutes of limitations as not extending to persons fleeing from
justice, see section 3290 of this title.
OFFENSES AGAINST INTERNAL SECURITY
Limitation period in connection with offenses against internal
security, see section 783 of Title 50, War and National Defense.
SECTIONS 792, 793, AND 794 OF THIS TITLE; LIMITATION PERIOD
Limitation period in connection with sections 792, 793, and 794
of this title, see note set out under section 792.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1091, 3286 of this title.
-End-
-CITE-
18 USC Sec. 3283 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 213 - LIMITATIONS
-HEAD-
Sec. 3283. Offenses against children
-STATUTE-
No statute of limitations that would otherwise preclude
prosecution for an offense involving the sexual or physical abuse,
or kidnaping, of a child under the age of 18 years shall preclude
such prosecution during the life of the child.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 103-322, title
XXXIII, Sec. 330018(a), Sept. 13, 1994, 108 Stat. 2149; Pub. L.
108-21, title II, Sec. 202, Apr. 30, 2003, 117 Stat. 660.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 584 (R.S. Sec. 1046;
July 5, 1884, ch. 225, Sec. 2, 23 Stat. 122).
Words "customs laws" were substituted for "revenue laws," since
different limitations are provided for internal revenue violations
by section 3748 of title 26, U.S.C., 1940 ed., Internal Revenue
Code.
This section was held to apply to offenses under the customs
laws. Those offenses are within the term "revenue laws" but not
within the term "internal revenue laws". United States v. Hirsch
(1879, 100 U.S. 33, 25 L. Ed. 539), United States v. Shorey (1869,
Fed. Cas. No. 16,282), and United States v. Platt (1840, Fed. Cas.
No. 16,054a) applied this section in customs cases. Hence it
appears that there was no proper basis for the complete elimination
from section 584 of title 18, U.S.C., 1940 ed., of the reference to
revenue laws.
Meaning of "revenue laws". United States v. Norton (1876, 91 U.S.
566, 23 L.Ed. 454), quoting Webster that "revenue" refers to "The
income of a nation, derived from its taxes, duties, or other
sources, for the payment of the national expenses." Quoting United
States v. Mayo (1813, Fed. Cas. No. 15,755) that "revenue laws"
meant such laws "as are made for the direct and avowed purpose of
creating revenue or public funds for the service of the
Government."
Definition of revenue. "Revenue" is the income of a State, and
the revenue of the Post Office Department, being raised by a tax on
mailable matter conveyed in the mail, and which is disbursed in the
public service, is as much a part of the income of the government
as moneys collected for duties on imports (United States v.
Bromley, 53 U.S. 88, 99, 13 L. Ed. 905).
"Revenue" is the product or fruit of taxation. It matters not in
what form the power of taxation may be exercised or to what
subjects it may be applied, its exercise is intended to provide
means for the support of the Government, and the means provided are
necessarily to be regarded as the internal revenue. Duties upon
imports are imposed for the same general object and, because they
are so imposed, the money thus produced is considered revenue, not
because it is derived from any particular source (United States v.
Wright, 1870, Fed. Cas. No. 16,770).
"Revenue law" is defined as a law for direct object of imposing
and collecting taxes, dues, imports, and excises for government and
its purposes (In re Mendenhall, D.C. Mont. 1935, 10 F. Supp. 122).
Act Cong. March 2, 1799, ch. 22, 1 Stat. 627, regulating the
collection of duties on imports, is a revenue law, within the
meaning of act Cong. April 18, 1818, ch. 70, 3 Stat. 433, providing
for the mode of suing for and recovering penalties and forfeitures
for violations of the revenue laws of the United States (The
Abigail, 1824, Fed. Cas. No. 18).
Changes were made in phraseology.
AMENDMENTS
2003 - Pub. L. 108-21 substituted "Offenses against children" for
"Child abuse offenses" in section catchline and amended text
generally. Prior to amendment, text read as follows: "No statute of
limitations that would otherwise preclude prosecution for an
offense involving the sexual or physical abuse of a child under the
age of 18 years shall preclude such prosecution before the child
reaches the age of 25 years."
1994 - Pub. L. 103-322 substituted "Child abuse offenses" for
"Customs and slave trade violations" as section catchline and
amended text generally. Prior to amendment, text read as follows:
"No person shall be prosecuted, tried or punished for any violation
of the customs laws or the slave trade laws of the United States
unless the indictment is found or the information is instituted
within five years next after the commission of the offense."
-End-
-CITE-
18 USC Sec. 3284 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 213 - LIMITATIONS
-HEAD-
Sec. 3284. Concealment of bankrupt's assets
-STATUTE-
The concealment of assets of a debtor in a case under title 11
shall be deemed to be a continuing offense until the debtor shall
have been finally discharged or a discharge denied, and the period
of limitations shall not begin to run until such final discharge or
denial of discharge.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 95-598, title III,
Sec. 314(k), Nov. 6, 1978, 92 Stat. 2678.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 52(d) of title 11, U.S.C., 1940 ed., Bankruptcy
(May 27, 1926, ch. 406, Sec. 11d, 44 Stat. 665; June 22, 1938, ch.
575, Sec. 1, 52 Stat. 856).
The 3-year-limitation provision was omitted as unnecessary in
view of the general statute, section 3282 of this title.
The words "or a discharge denied" and "or denial of discharge"
were added on the recommendation of the Department of Justice to
supply an omission in existing law.
Other subsections of said section 52 of title 11, U.S.C., 1940
ed., are incorporated in sections 151-154 and 3057 of this title.
Other minor changes of phraseology were made.
AMENDMENTS
1978 - Pub. L. 95-598 substituted "debtor in a case under title
11" for "bankrupt or other debtor".
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy.
SAVINGS PROVISION
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961
et seq.), or section 2516, 3057, or 3284 of this title to any act
of any person (1) committed before Oct. 1, 1979, or (2) committed
after Oct. 1, 1979, in connection with a case commenced before such
date, see section 403(d) of Pub. L. 95-598, set out as a note
preceding section 101 of Title 11, Bankruptcy.
-End-
-CITE-
18 USC Sec. 3285 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 213 - LIMITATIONS
-HEAD-
Sec. 3285. Criminal contempt
-STATUTE-
No proceeding for criminal contempt within section 402 of this
title shall be instituted against any person, corporation or
association unless begun within one year from the date of the act
complained of; nor shall any such proceeding be a bar to any
criminal prosecution for the same act.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 828.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 390 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Oct. 15, 1914, ch. 323, Sec. 25, 38 Stat. 740).
Word "criminal" was inserted before "contempt" in first line.
Words "within section 402 of this title" were inserted after
"contempt".
The correct meaning and narrow application of title 28, U.S.C.,
1940 ed., Sec. 390, are preserved, as section 389 of that title is
incorporated in sections 402 and 3691 of this title.
Words "corporation or association" were inserted after "person",
thus embodying applicable definition of section 390a of title 28,
U.S.C., 1940 ed. (See reviser's note under section 402 of this
title.)
-End-
-CITE-
18 USC Sec. 3286 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 213 - LIMITATIONS
-HEAD-
Sec. 3286. Extension of statute of limitation for certain terrorism
offenses
-STATUTE-
(a) Eight-Year Limitation. - Notwithstanding section 3282, no
person shall be prosecuted, tried, or punished for any noncapital
offense involving a violation of any provision listed in section
2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or
1751(e) of this title, or section 46504, 46505, or 46506 of title
49, unless the indictment is found or the information is instituted
within 8 years after the offense was committed. Notwithstanding the
preceding sentence, offenses listed in section 3295 are subject to
the statute of limitations set forth in that section.
(b) No Limitation. - Notwithstanding any other law, an indictment
may be found or an information instituted at any time without
limitation for any offense listed in section 2332b(g)(5)(B), if the
commission of such offense resulted in, or created a forseeable
risk of, death or serious bodily injury to another person.
-SOURCE-
(Added Pub. L. 103-322, title XII, Sec. 120001(a), Sept. 13, 1994,
108 Stat. 2021; amended Pub. L. 104-132, title VII, Sec. 702(c),
Apr. 24, 1996, 110 Stat. 1294; Pub. L. 104-294, title VI, Sec.
601(b)(1), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-56, title
VIII, Sec. 809(a), Oct. 26, 2001, 115 Stat. 379; Pub. L. 107-273,
div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808.)
-MISC1-
PRIOR PROVISIONS
A prior section 3286, act June 25, 1948, ch. 645, 62 Stat. 828,
related to seduction on vessel of United States, prior to repeal by
Pub. L. 101-647, title XII, Sec. 1207(b), Nov. 29, 1990, 104 Stat.
4832.
AMENDMENTS
2002 - Pub. L. 107-273 repealed Pub. L. 104-294, Sec. 601(b)(1).
See 1996 Amendment note below.
2001 - Pub. L. 107-56 reenacted section catchline without change
and amended text generally. Text read as follows: "Notwithstanding
section 3282, no person shall be prosecuted, tried, or punished for
any non-capital offense involving a violation of section 32
(aircraft destruction), section 37 (airport violence), section 112
(assaults upon diplomats), section 351 (crimes against Congressmen
or Cabinet officers), section 1116 (crimes against diplomats),
section 1203 (hostage taking), section 1361 (willful injury to
government property), section 1751 (crimes against the President),
section 2280 (maritime violence), section 2281 (maritime platform
violence), section 2332 (terrorist acts abroad against United
States nationals), section 2332a (use of weapons of mass
destruction), 2332b (acts of terrorism transcending national
boundaries), or section 2340A (torture) of this title or section
46502, 46504, 46505, or 46506 of title 49, unless the indictment is
found or the information is instituted within 8 years after the
offense was committed."
1996 - Pub. L. 104-132, Sec. 702(c)(2)-(4), substituted "2332"
for "2331", "2332a" for "2339", and "37" for "36". Pub. L. 104-294,
Sec. 601(b)(1), which amended section identically, was repealed by
Pub. L. 107-273.
Pub. L. 104-132, Sec. 702(c)(1), (5), inserted "2332b (acts of
terrorism transcending national boundaries)," after "(use of
weapons of mass destruction),", and substituted "any non-capital
offense" for "any offense".
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
116 Stat. 1808, provided that the amendment made by section
4002(c)(1) is effective Oct. 11, 1996.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-56, title VIII, Sec. 809(b), Oct. 26, 2001, 115 Stat.
380, provided that: "The amendments made by this section [amending
this section] shall apply to the prosecution of any offense
committed before, on, or after the date of the enactment of this
section [Oct. 26, 2001]."
EFFECTIVE DATE
Section 120001(b) of Pub. L. 103-322 provided that: "The
amendment made by subsection (a) [enacting this section] shall not
apply to any offense committed more than 5 years prior to the date
of enactment of this Act [Sept. 13, 1994]."
-End-
-CITE-
18 USC Sec. 3287 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 213 - LIMITATIONS
-HEAD-
Sec. 3287. Wartime suspension of limitations
-STATUTE-
When the United States is at war the running of any statute of
limitations applicable to any offense (1) involving fraud or
attempted fraud against the United States or any agency thereof in
any manner, whether by conspiracy or not, or (2) committed in
connection with the acquisition, care, handling, custody, control
or disposition of any real or personal property of the United
States, or (3) committed in connection with the negotiation,
procurement, award, performance, payment for, interim financing,
cancelation, or other termination or settlement, of any contract,
subcontract, or purchase order which is connected with or related
to the prosecution of the war, or with any disposition of
termination inventory by any war contractor or Government agency,
shall be suspended until three years after the termination of
hostilities as proclaimed by the President or by a concurrent
resolution of Congress.
Definitions of terms in section 103 of title 41 shall apply to
similar terms used in this section.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 828.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 590a (Aug. 24, 1942,
ch. 555, Sec. 1, 56 Stat. 747; July 1, 1944, ch. 358, Sec. 19(b),
58 Stat. 667; Oct. 3, 1944, ch. 479, Sec. 28, 58 Stat. 781).
The phrase "when the United States is at war" was inserted at the
beginning of this section to make it permanent instead of temporary
legislation, and to obviate the necessity of reenacting such
legislation in the future. This permitted the elimination of
references to dates and to the provision limiting the application
of the section to transactions not yet fully barred. When the
provisions of the War Contract Settlements Act of 1944, upon which
this section is based, are considered in connection with said
section 590a which it amends, it is obvious that no purpose can be
served now by the provisions omitted.
Phrase (2), reading "or committed in connection with the
acquisition, care, handling, custody, control or disposition of any
real or personal prope
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