18 USC CHAPTER 73 - OBSTRUCTION OF JUSTICE 01/22/02
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
.
-HEAD-
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-MISC1-
Sec.
1501. Assault on process server.
1502. Resistance to extradition agent.
1503. Influencing or injuring officer or juror generally.
1504. Influencing juror by writing.
1505. Obstruction of proceedings before departments, agencies, and
committees.
1506. Theft or alteration of record or process; false bail.
1507. Picketing or parading.
1508. Recording, listening to, or observing proceedings of grand or
petit juries while deliberating or voting.
1509. Obstruction of court orders.
1510. Obstruction of criminal investigations.
1511. Obstruction of State or local law enforcement.
1512. Tampering with a witness, victim, or an informant.
1513. Retaliating against a witness, victim, or an informant.
1514. Civil action to restrain harassment of a victim or witness.
1515. Definitions for certain provisions; general provision.
1516. Obstruction of Federal audit.
1517. Obstructing examination of financial institution.
1518. Obstruction of criminal investigations of health care
offenses.
AMENDMENTS
1996 - Pub. L. 104-191, title II, Sec. 245(b), Aug. 21, 1996, 110
Stat. 2018, added item 1518.
1990 - Pub. L. 101-647, title XXV, Sec. 2503(b), Nov. 29, 1990,
104 Stat. 4861, added item 1517.
1988 - Pub. L. 100-690, title VII, Sec. 7030, 7078(b), Nov. 18,
1988, 102 Stat. 4398, 4406, inserted ''; general provision'' in
item 1515 and added item 1516.
1982 - Pub. L. 97-291, Sec. 4(b), Oct. 12, 1982, 96 Stat. 1253,
substituted ''or juror'' for '', juror or witness'' after
''officer'' in item 1503, and added items 1512, 1513, 1514, and
1515.
1970 - Pub. L. 91-452, title VIII, Sec. 802(b), Oct. 15, 1970, 84
Stat. 937, added item 1511.
1967 - Pub. L. 90-123, Sec. 1(b), Nov. 3, 1967, 81 Stat. 362,
added item 1510.
1962 - Pub. L. 87-664, Sec. 6(b), Sept. 19, 1962, 76 Stat. 552,
substituted ''Obstruction of proceedings before departments,
agencies, and committees'' for ''Influencing or injuring witness
before agencies and committees'' in item 1505.
1960 - Pub. L. 86-449, title I, Sec. 102, May 6, 1960, 74 Stat.
86, added item 1509.
1956 - Act Aug. 2, 1956, ch. 879, Sec. 2, 70 Stat. 936, added
item 1508.
1950 - Act Sept. 23, 1950, ch. 1024, title I, Sec. 31(b), 64
Stat. 1019, added item 1507.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 3521 of this title.
-CITE-
18 USC Sec. 1501 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1501. Assault on process server
-STATUTE-
Whoever knowingly and willfully obstructs, resists, or opposes
any officer of the United States, or other person duly authorized,
in serving, or attempting to serve or execute, any legal or
judicial writ or process of any court of the United States, or
United States magistrate judge; or
Whoever assaults, beats, or wounds any officer or other person
duly authorized, knowing him to be such officer, or other person so
duly authorized, in serving or executing any such writ, rule,
order, process, warrant, or other legal or judicial writ or process
-
Shall, except as otherwise provided by law, be fined under this
title or imprisoned not more than one year, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 90-578, title IV,
Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322,
title XXXIII, Sec. 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 245 (Mar. 4, 1909, ch.
321, Sec. 140, 35 Stat. 1114).
The phrase ''Except as otherwise expressly provided by law'' was
inserted because sections 2231, 2232, and 2233 of this title
provide greater penalties for obstructing service of search
warrants.
Mandatory provisions were rephrased in the alternative.
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $300'' in last par.
-CHANGE-
CHANGE OF NAME
''United States magistrate judge'' substituted for ''United
States magistrate'' in text pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously, ''United States magistrate''
substituted for ''United States commissioner'' pursuant to Pub. L.
90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of Title 28.
-MISC4-
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97-291, Sec. 1, Oct. 12, 1982, 96 Stat. 1248, provided:
''That this Act (enacting sections 1512 to 1515, 3579, and 3580 of
this title, amending sections 1503, 1505, 1510, and 3146 of this
title and Rule 32 of the Federal Rules of Civil Procedure, and
enacting provisions set out as notes under sections 1512 and 3579
of this title) may be cited as the 'Victim and Witness Protection
Act of 1982'.''
-CITE-
18 USC Sec. 1502 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1502. Resistance to extradition agent
-STATUTE-
Whoever knowingly and willfully obstructs, resists, or opposes an
extradition agent of the United States in the execution of his
duties, shall be fined under this title or imprisoned not more than
one year, or both.
-SOURCE-
(June 24, 1948, ch. 645, 62 Stat. 769; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 661 (R.S. 5277).
Said section 661 of title 18, U.S.C., 1940 ed., was incorporated
in this section and section 752 of this title.
Words ''an extradition agent of the United States'' were
substituted for ''such agent'' which was referred to in sections
3182 et seq. of this title.
A fine of ''$300'' was substituted for ''$1,000'' as the
mandatory maximum to harmonize with similar offenses in this
chapter. (See section 1501 of this title.)
Punishment provision was rephrased in the alternative.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $300''.
-CITE-
18 USC Sec. 1503 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1503. Influencing or injuring officer or juror generally
-STATUTE-
(a) Whoever corruptly, or by threats or force, or by any
threatening letter or communication, endeavors to influence,
intimidate, or impede any grand or petit juror, or officer in or of
any court of the United States, or officer who may be serving at
any examination or other proceeding before any United States
magistrate judge or other committing magistrate, in the discharge
of his duty, or injures any such grand or petit juror in his person
or property on account of any verdict or indictment assented to by
him, or on account of his being or having been such juror, or
injures any such officer, magistrate judge, or other committing
magistrate in his person or property on account of the performance
of his official duties, or corruptly or by threats or force, or by
any threatening letter or communication, influences, obstructs, or
impedes, or endeavors to influence, obstruct, or impede, the due
administration of justice, shall be punished as provided in
subsection (b). If the offense under this section occurs in
connection with a trial of a criminal case, and the act in
violation of this section involves the threat of physical force or
physical force, the maximum term of imprisonment which may be
imposed for the offense shall be the higher of that otherwise
provided by law or the maximum term that could have been imposed
for any offense charged in such case.
(b) The punishment for an offense under this section is -
(1) in the case of a killing, the punishment provided in
sections 1111 and 1112;
(2) in the case of an attempted killing, or a case in which the
offense was committed against a petit juror and in which a class
A or B felony was charged, imprisonment for not more than 20
years, a fine under this title, or both; and
(3) in any other case, imprisonment for not more than 10 years,
a fine under this title, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 97-291, Sec. 4(c),
Oct. 12, 1982, 96 Stat. 1253; Pub. L. 103-322, title VI, Sec.
60016, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat.
1974, 2147; Pub. L. 104-214, Sec. 1(3), Oct. 1, 1996, 110 Stat.
3017.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 241 (Mar. 4, 1909, ch.
321, Sec. 135, 35 Stat. 1113; June 8, 1945, ch. 178, Sec. 1, 59
Stat. 234).
The phrase ''other committing magistrate'' was substituted for
''officer acting as such commissioner'' in order to clarify
meaning.
Minor changes were made in phraseology.
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-214 inserted at end ''If the
offense under this section occurs in connection with a trial of a
criminal case, and the act in violation of this section involves
the threat of physical force or physical force, the maximum term of
imprisonment which may be imposed for the offense shall be the
higher of that otherwise provided by law or the maximum term that
could have been imposed for any offense charged in such case.''
1994 - Pub. L. 103-322, Sec. 330016(1)(K), which directed the
substitution of ''fined under this title'' for ''fined not more
than $5,000'', could not be executed because the words ''fined not
more than $5,000'' did not appear in text subsequent to amendment
by Pub. L. 103-322, Sec. 60016. See below.
Pub. L. 103-322, Sec. 60016, designated existing provisions as
subsec. (a), substituted ''magistrate judge'' for ''commissioner''
in two places and ''punished as provided in subsection (b)'' for
''fined not more than $5,000 or imprisoned not more than five
years, or both'', and added subsec. (b).
1982 - Pub. L. 97-291, Sec. 4(c)(1), substituted ''or juror'' for
'', juror or witness'' after ''officer'' in section catchline.
Pub. L. 97-291, Sec. 4(c)(2), (3), substituted in text ''grand''
for ''witness, in any court of the United States or before any
United States commissioner or other committing magistrate, or any
grand'' after ''or impede any'', and struck out ''injures any party
or witness in his person or property on account of his attending or
having attended such court or examination before such officer,
commissioner, or other committing magistrate, or on account of his
testifying or having testified to any matter pending therein, or''
after ''discharge of his duty, or''.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section
9(a) of Pub. L. 97-291, set out as an Effective Date note under
section 1512 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 201, 1512, 1961, 2516,
3142 of this title; title 7 section 12a; title 29 section 1111.
-CITE-
18 USC Sec. 1504 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1504. Influencing juror by writing
-STATUTE-
Whoever attempts to influence the action or decision of any grand
or petit juror of any court of the United States upon any issue or
matter pending before such juror, or before the jury of which he is
a member, or pertaining to his duties, by writing or sending to him
any written communication, in relation to such issue or matter,
shall be fined under this title or imprisoned not more than six
months, or both.
Nothing in this section shall be construed to prohibit the
communication of a request to appear before the grand jury.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 243 (Mar. 4, 1909, ch.
321, Sec. 137, 35 Stat. 1113).
Last paragraph was added to remove the possibility that a proper
request to appear before a grand jury might be construed as a
technical violation of this section.
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000'' in first par.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 201 of this title.
-CITE-
18 USC Sec. 1505 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1505. Obstruction of proceedings before departments, agencies,
and committees
-STATUTE-
Whoever, with intent to avoid, evade, prevent, or obstruct
compliance, in whole or in part, with any civil investigative
demand duly and properly made under the Antitrust Civil Process
Act, willfully withholds, misrepresents, removes from any place,
conceals, covers up, destroys, mutilates, alters, or by other means
falsifies any documentary material, answers to written
interrogatories, or oral testimony, which is the subject of such
demand; or attempts to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any threatening
letter or communication influences, obstructs, or impedes or
endeavors to influence, obstruct, or impede the due and proper
administration of the law under which any pending proceeding is
being had before any department or agency of the United States, or
the due and proper exercise of the power of inquiry under which any
inquiry or investigation is being had by either House, or any
committee of either House or any joint committee of the Congress -
Shall be fined under this title or imprisoned not more than five
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 87-664, Sec. 6(a),
Sept. 19, 1962, 76 Stat. 551; Pub. L. 91-452, title IX, Sec. 903,
Oct. 15, 1970, 84 Stat. 947; Pub. L. 94-435, title I, Sec. 105,
Sept. 30, 1976, 90 Stat. 1389; Pub. L. 97-291, Sec. 4(d), Oct. 12,
1982, 96 Stat. 1253; Pub. L. 103-322, title XXXIII, Sec.
330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 241a, (Mar. 4, 1909,
ch. 321, Sec. 135a, as added Jan. 13, 1940, ch. 1, 54 Stat. 13;
June 8, 1945, ch. 178, Sec. 2, 59 Stat. 234).
Word ''agency'' was substituted for the words ''independent
establishment, board, commission'' in two instances to eliminate
any possible ambiguity as to scope of section. (See definitive
section 6 of this title.)
Minor changes were made in phraseology.
-REFTEXT-
REFERENCES IN TEXT
The Antitrust Civil Process Act, referred to in text, is Pub. L.
87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which is
classified generally to chapter 34 (Sec. 1311 et seq.) of Title 15,
Commerce and Trade. For complete classification of this Act to the
Code, see Short Title note set out under section 1311 of Title 15
and Tables.
-MISC2-
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000'' in last par.
1982 - Pub. L. 97-291 struck out first two paragraphs which
provided, respectively, that whoever corruptly, or by threats or
force, or by any threatening letter or communication, endeavored to
influence, intimidate, or impede any witness in any proceeding
pending before any department or agency of the United States, or in
connection with any inquiry or investigation being had by either
House, or any committee of either House, or any joint committee of
the Congress, and whoever injured any party or witness in his
person or property on account of his attending or having attended
such proceeding, inquiry, or investigation, or on account of his
testifying or having testified to any matter pending therein, would
be subject to the penalty set forth in the last paragraph, and in
the fourth paragraph substituted ''any pending'' for ''such'' after
''law under which'', and substituted ''any'' for ''such'' before
''department'' and before ''inquiry''.
1976 - Pub. L. 94-435 struck out ''section 1968 of this title''
after ''Antitrust Civil Process Act'', inserted ''withholds,
misrepresents'' after ''willfully'', ''covers up'' after
''conceals'', ''answers to written interrogatories, or oral
testimony'', after ''any documentary material'', and ''or attempts
to do so or solicits another to do so;'' after ''such demand''.
1970 - Pub. L. 91-452 inserted reference to section 1968 of this
title.
1962 - Pub. L. 87-664 substituted section catchline ''Obstruction
of proceedings before departments, agencies, and committees'' for
''Influencing or injuring witness before agencies and committees''
and punished the willful removal, concealment, destruction,
mutilation, alteration or falsification of documents which were the
subject of a demand under the Antitrust Civil Process Act if done
with the intent to prevent compliance with a civil investigative
demand.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section
9(a) of Pub. L. 97-291, set out as an Effective Date note under
section 1512 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-435 effective Sept. 30, 1976, see section
106 of Pub. L. 94-435, set out as a note under section 1311 of
Title 15, Commerce and Trade.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 201, 1515 of this title;
title 29 section 1111.
-CITE-
18 USC Sec. 1506 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1506. Theft or alteration of record or process; false bail
-STATUTE-
Whoever feloniously steals, takes away, alters, falsifies, or
otherwise avoids any record, writ, process, or other proceeding, in
any court of the United States, whereby any judgment is reversed,
made void, or does not take effect; or
Whoever acknowledges, or procures to be acknowledged in any such
court, any recognizance, bail, or judgment, in the name of any
other person not privy or consenting to the same -
Shall be fined under this title or imprisoned not more than five
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 233 (Mar. 4, 1909, ch.
321, Sec. 127, 35 Stat. 1111).
The term of imprisonment was reduced from 7 to 5 years, to
conform the punishment with like ones for similar offenses. (See
section 1503 of this title.)
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000'' in last par.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 29 section 1111.
-CITE-
18 USC Sec. 1507 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1507. Picketing or parading
-STATUTE-
Whoever, with the intent of interfering with, obstructing, or
impeding the administration of justice, or with the intent of
influencing any judge, juror, witness, or court officer, in the
discharge of his duty, pickets or parades in or near a building
housing a court of the United States, or in or near a building or
residence occupied or used by such judge, juror, witness, or court
officer, or with such intent uses any sound-truck or similar device
or resorts to any other demonstration in or near any such building
or residence, shall be fined under this title or imprisoned not
more than one year, or both.
Nothing in this section shall interfere with or prevent the
exercise by any court of the United States of its power to punish
for contempt.
-SOURCE-
(Added Sept. 23, 1950, ch. 1024, title I, Sec. 31(a), 64 Stat.
1018; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K),
Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000'' in first par.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 50 sections 782, 795.
-CITE-
18 USC Sec. 1508 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1508. Recording, listening to, or observing proceedings of
grand or petit juries while deliberating or voting
-STATUTE-
Whoever knowingly and willfully, by any means or device
whatsoever -
(a) records, or attempts to record, the proceedings of any
grand or petit jury in any court of the United States while such
jury is deliberating or voting; or
(b) listens to or observes, or attempts to listen to or
observe, the proceedings of any grand or petit jury of which he
is not a member in any court of the United States while such jury
is deliberating or voting -
shall be fined under this title or imprisoned not more than one
year, or both.
Nothing in paragraph (a) of this section shall be construed to
prohibit the taking of notes by a grand or petit juror in any court
of the United States in connection with and solely for the purpose
of assisting him in the performance of his duties as such juror.
-SOURCE-
(Added Aug. 2, 1956, ch. 879, Sec. 1, 70 Stat. 935; amended Pub. L.
103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat.
2147; Pub. L. 104-294, title VI, Sec. 601(f)(13), Oct. 11, 1996,
110 Stat. 3500.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-294 realigned margins for provisions beginning
''shall be fined'' and ending ''one year, or both.''
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000'' in par. following par. (b).
-CITE-
18 USC Sec. 1509 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1509. Obstruction of court orders
-STATUTE-
Whoever, by threats or force, willfully prevents, obstructs,
impedes, or interferes with, or willfully attempts to prevent,
obstruct, impede, or interfere with, the due exercise of rights or
the performance of duties under any order, judgment, or decree of a
court of the United States, shall be fined under this title or
imprisoned not more than one year, or both.
No injunctive or other civil relief against the conduct made
criminal by this section shall be denied on the ground that such
conduct is a crime.
-SOURCE-
(Added Pub. L. 86-449, title I, Sec. 101, May 6, 1960, 74 Stat. 86;
amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13,
1994, 108 Stat. 2147.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000'' in first par.
-CITE-
18 USC Sec. 1510 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1510. Obstruction of criminal investigations
-STATUTE-
(a) Whoever willfully endeavors by means of bribery to obstruct,
delay, or prevent the communication of information relating to a
violation of any criminal statute of the United States by any
person to a criminal investigator shall be fined under this title,
or imprisoned not more than five years, or both.
(b)(1) Whoever, being an officer of a financial institution, with
the intent to obstruct a judicial proceeding, directly or
indirectly notifies any other person about the existence or
contents of a subpoena for records of that financial institution,
or information that has been furnished to the grand jury in
response to that subpoena, shall be fined under this title or
imprisoned not more than 5 years, or both.
(2) Whoever, being an officer of a financial institution,
directly or indirectly notifies -
(A) a customer of that financial institution whose records are
sought by a grand jury subpoena; or
(B) any other person named in that subpoena;
about the existence or contents of that subpoena or information
that has been furnished to the grand jury in response to that
subpoena, shall be fined under this title or imprisoned not more
than one year, or both.
(3) As used in this subsection -
(A) the term ''an officer of a financial institution'' means an
officer, director, partner, employee, agent, or attorney of or
for a financial institution; and
(B) the term ''subpoena for records'' means a Federal grand
jury subpoena or a Department of Justice subpoena (issued under
section 3486 of title 18), for customer records that has been
served relating to a violation of, or a conspiracy to violate -
(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344,
1956, 1957, or chapter 53 of title 31; or
(ii) section 1341 or 1343 affecting a financial institution.
(c) As used in this section, the term ''criminal investigator''
means any individual duly authorized by a department, agency, or
armed force of the United States to conduct or engage in
investigations of or prosecutions for violations of the criminal
laws of the United States.
(d)(1) Whoever -
(A) acting as, or being, an officer, director, agent or
employee of a person engaged in the business of insurance whose
activities affect interstate commerce, or
(B) is engaged in the business of insurance whose activities
affect interstate commerce or is involved (other than as an
insured or beneficiary under a policy of insurance) in a
transaction relating to the conduct of affairs of such a
business,
with intent to obstruct a judicial proceeding, directly or
indirectly notifies any other person about the existence or
contents of a subpoena for records of that person engaged in such
business or information that has been furnished to a Federal grand
jury in response to that subpoena, shall be fined as provided by
this title or imprisoned not more than 5 years, or both.
(2) As used in paragraph (1), the term ''subpoena for records''
means a Federal grand jury subpoena for records that has been
served relating to a violation of, or a conspiracy to violate,
section 1033 of this title.
-SOURCE-
(Added Pub. L. 90-123, Sec. 1(a), Nov. 3, 1967, 81 Stat. 362;
amended Pub. L. 97-291, Sec. 4(e), Oct. 12, 1982, 96 Stat. 1253;
Pub. L. 101-73, title IX, Sec. 962(c), Aug. 9, 1989, 103 Stat. 502;
Pub. L. 102-550, title XV, Sec. 1528, Oct. 28, 1992, 106 Stat.
4065; Pub. L. 103-322, title XXXII, Sec. 320604(c), title XXXIII,
Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2119, 2147; Pub. L.
104-191, title II, Sec. 248(c), Aug. 21, 1996, 110 Stat. 2020.)
-MISC1-
AMENDMENTS
1996 - Subsec. (b)(3)(B). Pub. L. 104-191 which directed the
insertion of ''or a Department of Justice subpoena (issued under
section 3486 of title 18),'' after ''subpoena'', was executed by
making the insertion after ''subpoena'' the second place it
appeared to reflect the probable intent of Congress.
1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(K),
substituted ''fined under this title'' for ''fined not more than
$5,000''.
Subsec. (d). Pub. L. 103-322, Sec. 320604(c), added subsec. (d).
1992 - Subsec. (b)(3)(B)(i). Pub. L. 102-550 substituted ''1344,
1956, 1957, or chapter 53 of title 31'' for ''or 1344''.
1989 - Subsecs. (b), (c). Pub. L. 101-73 added subsec. (b) and
redesignated former subsec. (b) as (c).
1982 - Subsec. (a). Pub. L. 97-291 struck out '',
misrepresentation, intimidation, or force or threats thereof''
after ''bribery'', and struck out provision applying the penalties
provided by this subsection to whoever injured any person in his
person or property on account of the giving by such person or any
other person of any information relating to a violation of any
criminal statute of the United States to any criminal investigator.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section
9(a) of Pub. L. 97-291, set out as an Effective Date note under
section 1512 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2516, 3142 of this
title; title 29 section 1111.
-CITE-
18 USC Sec. 1511 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1511. Obstruction of State or local law enforcement
-STATUTE-
(a) It shall be unlawful for two or more persons to conspire to
obstruct the enforcement of the criminal laws of a State or
political subdivision thereof, with the intent to facilitate an
illegal gambling business if -
(1) one or more of such persons does any act to effect the
object of such a conspiracy;
(2) one or more of such persons is an official or employee,
elected, appointed, or otherwise, of such State or political
subdivision; and
(3) one or more of such persons conducts, finances, manages,
supervises, directs, or owns all or part of an illegal gambling
business.
(b) As used in this section -
(1) ''illegal gambling business'' means a gambling business
which -
(i) is a violation of the law of a State or political
subdivision in which it is conducted;
(ii) involves five or more persons who conduct, finance,
manage, supervise, direct, or own all or part of such business;
and
(iii) has been or remains in substantially continuous
operation for a period in excess of thirty days or has a gross
revenue of $2,000 in any single day.
(2) ''gambling'' includes but is not limited to pool-selling,
bookmaking, maintaining slot machines, roulette wheels, or dice
tables, and conducting lotteries, policy, bolita or numbers
games, or selling chances therein.
(3) ''State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States.
(c) This section shall not apply to any bingo game, lottery, or
similar game of chance conducted by an organization exempt from tax
under paragraph (3) of subsection (c) of section 501 of the
Internal Revenue Code of 1986, as amended, if no part of the gross
receipts derived from such activity inures to the benefit of any
private shareholder, member, or employee of such organization,
except as compensation for actual expenses incurred by him in the
conduct of such activity.
(d) Whoever violates this section shall be punished by a fine
under this title or imprisonment for not more than five years, or
both.
-SOURCE-
(Added Pub. L. 91-452, title VIII, Sec. 802(a), Oct. 15, 1970, 84
Stat. 936; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095; Pub. L. 103-322, title XXXIII, Sec. 330016(2)(C), Sept. 13,
1994, 108 Stat. 2148.)
-REFTEXT-
REFERENCES IN TEXT
Paragraph (3) of subsection (c) of section 501 of the Internal
Revenue Code of 1986, referred to in subsec. (c), is classified to
section 501(c)(3) of Title 26, Internal Revenue Code.
-MISC2-
AMENDMENTS
1994 - Subsec. (d). Pub. L. 103-322 substituted ''fine under this
title'' for ''fine of not more than $20,000''.
1986 - Subsec. (c). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
CONGRESSIONAL STATEMENT OF FINDINGS
Section 801 of title VIII of Pub. L. 91-452 provided that: ''The
Congress finds that illegal gambling involves widespread use of,
and has an effect upon, interstate commerce and the facilities
thereof.''
PRIORITY OF STATE LAWS
Section 811 of title VIII of Pub. L. 91-452 provided that: ''No
provision of this title (enacting this section and section 1955 of
this title, amending section 2516 of this title, and enacting
provisions set out as notes under this section and section 1955 of
this title) indicates an intent on the part of the Congress to
occupy the field in which such provision operates to the exclusion
of the law of a state or possession, or a political subdivision of
a State or possession, on the same subject matter, or to relieve
any person of any obligation imposed by any law of any State or
possession, or political subdivision of a State or possession.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2516 of this title.
-CITE-
18 USC Sec. 1512 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1512. Tampering with a witness, victim, or an informant
-STATUTE-
(a)(1) Whoever kills or attempts to kill another person, with
intent to -
(A) prevent the attendance or testimony of any person in an
official proceeding;
(B) prevent the production of a record, document, or other
object, in an official proceeding; or
(C) prevent the communication by any person to a law
enforcement officer or judge of the United States of information
relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation, parole, or
release pending judicial proceedings;
shall be punished as provided in paragraph (2).
(2) The punishment for an offense under this subsection is -
(A) in the case of murder (as defined in section 1111), the
death penalty or imprisonment for life, and in the case of any
other killing, the punishment provided in section 1112; and
(B) in the case of an attempt, imprisonment for not more than
twenty years.
(b) Whoever knowingly uses intimidation or physical force,
threatens, or corruptly persuades another person, or attempts to do
so, or engages in misleading conduct toward another person, with
intent to -
(1) influence, delay, or prevent the testimony of any person in
an official proceeding;
(2) cause or induce any person to -
(A) withhold testimony, or withhold a record, document, or
other object, from an official proceeding;
(B) alter, destroy, mutilate, or conceal an object with
intent to impair the object's integrity or availability for use
in an official proceeding;
(C) evade legal process summoning that person to appear as a
witness, or to produce a record, document, or other object, in
an official proceeding; or
(D) be absent from an official proceeding to which such
person has been summoned by legal process; or
(3) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of information
relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation, parole, or
release pending judicial proceedings;
shall be fined under this title or imprisoned not more than ten
years, or both.
(c) Whoever intentionally harasses another person and thereby
hinders, delays, prevents, or dissuades any person from -
(1) attending or testifying in an official proceeding;
(2) reporting to a law enforcement officer or judge of the
United States the commission or possible commission of a Federal
offense or a violation of conditions of probation, parole, or
release pending judicial proceedings;
(3) arresting or seeking the arrest of another person in
connection with a Federal offense; or
(4) causing a criminal prosecution, or a parole or probation
revocation proceeding, to be sought or instituted, or assisting
in such prosecution or proceeding;
or attempts to do so, shall be fined under this title or imprisoned
not more than one year, or both.
(d) In a prosecution for an offense under this section, it is an
affirmative defense, as to which the defendant has the burden of
proof by a preponderance of the evidence, that the conduct
consisted solely of lawful conduct and that the defendant's sole
intention was to encourage, induce, or cause the other person to
testify truthfully.
(e) For the purposes of this section -
(1) an official proceeding need not be pending or about to be
instituted at the time of the offense; and
(2) the testimony, or the record, document, or other object
need not be admissible in evidence or free of a claim of
privilege.
(f) In a prosecution for an offense under this section, no state
of mind need be proved with respect to the circumstance -
(1) that the official proceeding before a judge, court,
magistrate judge, grand jury, or government agency is before a
judge or court of the United States, a United States magistrate
judge, a bankruptcy judge, a Federal grand jury, or a Federal
Government agency; or
(2) that the judge is a judge of the United States or that the
law enforcement officer is an officer or employee of the Federal
Government or a person authorized to act for or on behalf of the
Federal Government or serving the Federal Government as an
adviser or consultant.
(g) There is extraterritorial Federal jurisdiction over an
offense under this section.
(h) A prosecution under this section or section 1503 may be
brought in the district in which the official proceeding (whether
or not pending or about to be instituted) was intended to be
affected or in the district in which the conduct constituting the
alleged offense occurred.
(i) If the offense under this section occurs in connection with a
trial of a criminal case, the maximum term of imprisonment which
may be imposed for the offense shall be the higher of that
otherwise provided by law or the maximum term that could have been
imposed for any offense charged in such case.
-SOURCE-
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1249;
amended Pub. L. 99-646, Sec. 61, Nov. 10, 1986, 100 Stat. 3614;
Pub. L. 100-690, title VII, Sec. 7029(a), (c), Nov. 18, 1988, 102
Stat. 4397, 4398; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
1990, 104 Stat. 5117; Pub. L. 103-322, title VI, Sec. 60018, title
XXXIII, Sec. 330016(1)(O), (U), Sept. 13, 1994, 108 Stat. 1975,
2148; Pub. L. 104-214, Sec. 1(2), Oct. 1, 1996, 110 Stat. 3017;
Pub. L. 104-294, title VI, Sec. 604(b)(31), Oct. 11, 1996, 110
Stat. 3508.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a)(2)(A). Pub. L. 104-294 inserted ''and'' after
semicolon at end.
Subsec. (i). Pub. L. 104-214 added subsec. (i).
1994 - Subsec. (a)(2)(A). Pub. L. 103-322, Sec. 60018, amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: ''(A) in the case of a killing, the punishment provided in
sections 1111 and 1112 of this title; and''.
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted
''fined under this title'' for ''fined not more than $250,000'' in
concluding provisions.
Subsec. (c). Pub. L. 103-322, Sec. 330016(1)(O), substituted
''fined under this title'' for ''fined not more than $25,000'' in
concluding provisions.
1988 - Subsec. (b). Pub. L. 100-690, Sec. 7029(c), substituted
''threatens, or corruptly persuades'' for ''or threatens''.
Subsec. (h). Pub. L. 100-690, Sec. 7029(a), added subsec. (h).
1986 - Subsec. (a). Pub. L. 99-646, Sec. 61(2), (3), added
subsec. (a) and redesignated former subsec. (a) as (b).
Subsecs. (b) to (g). Pub. L. 99-646, Sec. 61(1), (3),
redesignated former subsec. (a) as (b), inserted '', delay, or
prevent'', and redesignated former subsecs. (b) to (f) as (c) to
(g), respectively.
-CHANGE-
CHANGE OF NAME
Words ''magistrate judge'' and ''United States magistrate judge''
substituted for ''magistrate'' and ''United States magistrate'',
respectively, in subsec. (f)(1) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
-MISC4-
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
Section 9 of Pub. L. 97-291 provided that:
''(a) Except as provided in subsection (b), this Act and the
amendments made by this Act (enacting this section and sections
1513 to 1515, 3579, and 3580 of this title, amending sections 1503,
1505, 1510, and 3146 of this title and Rule 32 of the Federal Rules
of Criminal Procedure, and enacting provisions set out as notes
under this section and sections 1501 and 3579 of this title) shall
take effect on the date of the enactment of this Act (Oct. 12,
1982).
''(b)(1) The amendment made by section 2 of this Act (enacting
provisions set out as a note under this section) shall apply to
presentence reports ordered to be made on or after March 1, 1983.
''(2) The amendments made by section 5 of this Act (enacting
sections 3579 and 3580 of this title) shall apply with respect to
offenses occurring on or after January 1, 1983.''
CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES
Section 2 of Pub. L. 97-291 provided that:
''(a) The Congress finds and declares that:
''(1) Without the cooperation of victims and witnesses, the
criminal justice system would cease to function; yet with few
exceptions these individuals are either ignored by the criminal
justice system or simply used as tools to identify and punish
offenders.
''(2) All too often the victim of a serious crime is forced to
suffer physical, psychological, or financial hardship first as a
result of the criminal act and then as a result of contact with a
criminal justice system unresponsive to the real needs of such
victim.
''(3) Although the majority of serious crimes falls under the
jurisdiction of State and local law enforcement agencies, the
Federal Government, and in particular the Attorney General, has
an important leadership role to assume in ensuring that victims
of crime, whether at the Federal, State, or local level, are
given proper treatment by agencies administering the criminal
justice system.
''(4) Under current law, law enforcement agencies must have
cooperation from a victim of crime and yet neither the agencies
nor the legal system can offer adequate protection or assistance
when the victim, as a result of such cooperation, is threatened
or intimidated.
''(5) While the defendant is provided with counsel who can
explain both the criminal justice process and the rights of the
defendant, the victim or witness has no counterpart and is
usually not even notified when the defendant is released on bail,
the case is dismissed, a plea to a lesser charge is accepted, or
a court date is changed.
''(6) The victim and witness who cooperate with the prosecutor
often find that the transportation, parking facilities, and child
care services at the court are unsatisfactory and they must often
share the pretrial waiting room with the defendant or his family
and friends.
''(7) The victim may lose valuable property to a criminal only
to lose it again for long periods of time to Federal law
enforcement officials, until the trial and sometimes and (sic)
appeals are over; many times that property is damaged or lost,
which is particularly stressful for the elderly or poor.
''(b) The Congress declares that the purposes of this Act (see
Short Title of 1982 Amendment note set out under section 1501 of
this title) are -
''(1) to enhance and protect the necessary role of crime
victims and witnesses in the criminal justice process;
''(2) to ensure that the Federal Government does all that is
possible within limits of available resources to assist victims
and witnesses of crime without infringing on the constitutional
rights of the defendant; and
''(3) to provide a model for legislation for State and local
governments.''
FEDERAL GUIDELINES FOR TREATMENT OF CRIME VICTIMS AND WITNESSES IN
THE CRIMINAL JUSTICE SYSTEM
Section 6 of Pub. L. 97-291, as amended by Pub. L. 98-473, title
II, Sec. 1408(b), Oct. 12, 1984, 98 Stat. 2177, provided that:
''(a) Within two hundred and seventy days after the date of
enactment of this Act (Oct. 12, 1982), the Attorney General shall
develop and implement guidelines for the Department of Justice
consistent with the purposes of this Act (see Short Title of 1982
Amendment note set out under section 1501 of this title). In
preparing the guidelines the Attorney General shall consider the
following objectives:
''(1) Services to victims of crime. - Law enforcement personnel
should ensure that victims routinely receive emergency social and
medical services as soon as possible and are given information on
the following -
''(A) availability of crime victim compensation (where
applicable);
''(B) community-based victim treatment programs;
''(C) the role of the victim in the criminal justice process,
including what they can expect from the system as well as what
the system expects from them; and
''(D) stages in the criminal justice process of significance
to a crime victim, and the manner in which information about
such stages can be obtained.
''(2) Notification of availability of protection. - A victim or
witness should routinely receive information on steps that law
enforcement officers and attorneys for the Government can take to
protect victims and witnesses from intimidation.
''(3) Scheduling changes. - All victims and witnesses who have
been scheduled to attend criminal justice proceedings should
either be notified as soon as possible of any scheduling changes
which will affect their appearances or have available a system
for alerting witnesses promptly by telephone or otherwise.
''(4) Prompt notification to victims of serious crimes. -
Victims, witnesses, relatives of those victims and witnesses who
are minors, and relatives of homicide victims should, if such
persons provide the appropriate official with a current address
and telephone number, receive prompt advance notification, if
possible, of -
''(A) the arrest of an accused;
''(B) the initial appearance of an accused before a judicial
officer;
''(C) the release of the accused pending judicial
proceedings; and
''(D) proceedings in the prosecution and punishment of the
accused (including entry of a plea of guilty, trial,
sentencing, and, where a term of imprisonment is imposed, a
hearing to determine a parole release date and the release of
the accused from such imprisonment).
''(5) Consultation with victim. - The victim of a serious
crime, or in the case of a minor child or a homicide, the family
of the victim, should be consulted by the attorney for the
Government in order to obtain the views of the victim or family
about the disposition of any Federal criminal case brought as a
result of such crime, including the views of the victim or family
about -
''(A) dismissal;
''(B) release of the accused pending judicial proceedings;
''(C) plea negotiations; and
''(D) pretrial diversion program.
''(6) Separate waiting area. - Victims and other prosecution
witnesses should be provided prior to court appearance a waiting
area that is separate from all other witnesses.
''(7) Property return. - Law enforcement agencies and
prosecutor should promptly return victim's property held for
evidentiary purposes unless there is a compelling law enforcement
reason for retaining it.
''(8) Notification to employer. - A victim or witness who so
requests should be assisted by law enforcement agencies and
attorneys for the Government in informing employers that the need
for victim and witness cooperation in the prosecution of the case
may necessitate absence of that victim or witness from work. A
victim or witness who, as a direct result of a crime or of
cooperation with law enforcement agencies or attorneys for the
Government, is subjected to serious financial strain, should be
assisted by such agencies and attorneys in explaining to
creditors the reason for such serious financial strain.
''(9) Training by federal law enforcement training facilities.
- Victim assistance education and training should be offered to
persons taking courses at Federal law enforcement training
facilities and attorneys for the Government so that victims may
be promptly, properly, and completely assisted.
''(10) General victim assistance. - The guidelines should also
ensure that any other important assistance to victims and
witnesses, such as the adoption of transportation, parking, and
translator services for victims in court be provided.
''(b) Nothing in this title shall be construed as creating a
cause of action against the United States.
''(c) The Attorney General shall assure that all Federal law
enforcement agencies outside of the Department of Justice adopt
guidelines consistent with subsection (a) of this section.''
(Amendment of section 6 of Pub. L. 97-291 by Pub. L. 98-473, set
out above, effective 30 days after Oct. 12, 1984, see section
1409(a) of Pub. L. 98-473, set out as an Effective Date note under
section 10601 of Title 42, The Public Health and Welfare.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1514, 1515, 1961, 2516,
3142 of this title.
-CITE-
18 USC Sec. 1513 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1513. Retaliating against a witness, victim, or an informant
-STATUTE-
(a)(1) Whoever kills or attempts to kill another person with
intent to retaliate against any person for -
(A) the attendance of a witness or party at an official
proceeding, or any testimony given or any record, document, or
other object produced by a witness in an official proceeding; or
(B) providing to a law enforcement officer any information
relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation, parole, or
release pending judicial proceedings,
shall be punished as provided in paragraph (2).
(2) The punishment for an offense under this subsection is -
(A) in the case of a killing, the punishment provided in
sections 1111 and 1112; and
(B) in the case of an attempt, imprisonment for not more than
20 years.
(b) Whoever knowingly engages in any conduct and thereby causes
bodily injury to another person or damages the tangible property of
another person, or threatens to do so, with intent to retaliate
against any person for -
(1) the attendance of a witness or party at an official
proceeding, or any testimony given or any record, document, or
other object produced by a witness in an official proceeding; or
(2) any information relating to the commission or possible
commission of a Federal offense or a violation of conditions of
probation, parole, or release pending judicial proceedings given
by a person to a law enforcement officer;
or attempts to do so, shall be fined under this title or imprisoned
not more than ten years, or both.
(c) If the retaliation occurred because of attendance at or
testimony in a criminal case, the maximum term of imprisonment
which may be imposed for the offense under this section shall be
the higher of that otherwise provided by law or the maximum term
that could have been imposed for any offense charged in such case.
(d) There is extraterritorial Federal jurisdiction over an
offense under this section.
-SOURCE-
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1250;
amended Pub. L. 103-322, title VI, Sec. 60017, title XXXIII, Sec.
330016(1)(U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L.
104-214, Sec. 1(1), Oct. 1, 1996, 110 Stat. 3017.)
-MISC1-
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-214, Sec. 1(1)(B), which directed
the addition of subsec. (c) at the end of this section, was
executed by adding subsec. (c) before subsec. (d) to reflect the
probable intent of Congress.
Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec. (c) as (d).
Subsec. (d). Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec.
(c) as (d).
1994 - Subsec. (a). Pub. L. 103-322, Sec. 60017(2), added subsec.
(a). Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted
''fined under this title'' for ''fined not more than $250,000'' in
concluding provisions.
Pub. L. 103-322, Sec. 60017(1), redesignated subsec. (a) as (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 103-322, Sec. 60017(1), redesignated subsec.
(b) as (c).
EFFECTIVE DATE
Section effective Oct. 12, 1982, see section 9(a) of Pub. L.
97-291, set out as a note under section 1512 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1514, 1515, 1961, 2516,
3142 of this title.
-CITE-
18 USC Sec. 1514 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1514. Civil action to restrain harassment of a victim or
witness
-STATUTE-
(a)(1) A United States district court, upon application of the
attorney for the Government, shall issue a temporary restraining
order prohibiting harassment of a victim or witness in a Federal
criminal case if the court finds, from specific facts shown by
affidavit or by verified complaint, that there are reasonable
grounds to believe that harassment of an identified victim or
witness in a Federal criminal case exists or that such order is
necessary to prevent and restrain an offense under section 1512 of
this title, other than an offense consisting of misleading conduct,
or under section 1513 of this title.
(2)(A) A temporary restraining order may be issued under this
section without written or oral notice to the adverse party or such
party's attorney in a civil action under this section if the court
finds, upon written certification of facts by the attorney for the
Government, that such notice should not be required and that there
is a reasonable probability that the Government will prevail on the
merits.
(B) A temporary restraining order issued without notice under
this section shall be endorsed with the date and hour of issuance
and be filed forthwith in the office of the clerk of the court
issuing the order.
(C) A temporary restraining order issued under this section shall
expire at such time, not to exceed 10 days from issuance, as the
court directs; the court, for good cause shown before expiration of
such order, may extend the expiration date of the order for up to
10 days or for such longer period agreed to by the adverse party.
(D) When a temporary restraining order is issued without notice,
the motion for a protective order shall be set down for hearing at
the earliest possible time and takes precedence over all matters
except older matters of the same character, and when such motion
comes on for hearing, if the attorney for the Government does not
proceed with the application for a protective order, the court
shall dissolve the temporary restraining order.
(E) If on two days notice to the attorney for the Government or
on such shorter notice as the court may prescribe, the adverse
party appears and moves to dissolve or modify the temporary
restraining order, the court shall proceed to hear and determine
such motion as expeditiously as the ends of justice require.
(F) A temporary restraining order shall set forth the reasons for
the issuance of such order, be specific in terms, and describe in
reasonable detail (and not by reference to the complaint or other
document) the act or acts being restrained.
(b)(1) A United States district court, upon motion of the
attorney for the Government, shall issue a protective order
prohibiting harassment of a victim or witness in a Federal criminal
case if the court, after a hearing, finds by a preponderance of the
evidence that harassment of an identified victim or witness in a
Federal criminal case exists or that such order is necessary to
prevent and restrain an offense under section 1512 of this title,
other than an offense consisting of misleading conduct, or under
section 1513 of this title.
(2) At the hearing referred to in paragraph (1) of this
subsection, any adverse party named in the complaint shall have the
right to present evidence and cross-examine witnesses.
(3) A protective order shall set forth the reasons for the
issuance of such order, be specific in terms, describe in
reasonable detail (and not by reference to the complaint or other
document) the act or acts being restrained.
(4) The court shall set the duration of effect of the protective
order for such period as the court determines necessary to prevent
harassment of the victim or witness but in no case for a period in
excess of three years from the date of such order's issuance. The
attorney for the Government may, at any time within ninety days
before the expiration of such order, apply for a new protective
order under this section.
(c) As used in this section -
(1) the term ''harassment'' means a course of conduct directed
at a specific person that -
(A) causes substantial emotional distress in such person; and
(B) serves no legitimate purpose; and
(2) the term ''course of conduct'' means a series of acts over
a period of time, however short, indicating a continuity of
purpose.
-SOURCE-
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1250.)
-MISC1-
EFFECTIVE DATE
Section effective Oct. 12, 1982, see section 9(a) of Pub. L.
97-291, set out as a note under section 1512 of this title.
-CITE-
18 USC Sec. 1515 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1515. Definitions for certain provisions; general provision
-STATUTE-
(a) As used in sections 1512 and 1513 of this title and in this
section -
(1) the term ''official proceeding'' means -
(A) a proceeding before a judge or court of the United
States, a United States magistrate judge, a bankruptcy judge, a
judge of the United States Tax Court, a special trial judge of
the Tax Court, a judge of the United States Court of Federal
Claims, or a Federal grand jury;
(B) a proceeding before the Congress;
(C) a proceeding before a Federal Government agency which is
authorized by law; or
(D) a proceeding involving the business of insurance whose
activities affect interstate commerce before any insurance
regulatory official or agency or any agent or examiner
appointed by such official or agency to examine the affairs of
any person engaged in the business of insurance whose
activities affect interstate commerce;
(2) the term ''physical force'' means physical action against
another, and includes confinement;
(3) the term ''misleading conduct'' means -
(A) knowingly making a false statement;
(B) intentionally omitting information from a statement and
thereby causing a portion of such statement to be misleading,
or intentionally concealing a material fact, and thereby
creating a false impression by such statement;
(C) with intent to mislead, knowingly submitting or inviting
reliance on a writing or recording that is false, forged,
altered, or otherwise lacking in authenticity;
(D) with intent to mislead, knowingly submitting or inviting
reliance on a sample, specimen, map, photograph, boundary mark,
or other object that is misleading in a material respect; or
(E) knowingly using a trick, scheme, or device with intent to
mislead;
(4) the term ''law enforcement officer'' means an officer or
employee of the Federal Government, or a person authorized to act
for or on behalf of the Federal Government or serving the Federal
Government as an adviser or consultant -
(A) authorized under law to engage in or supervise the
prevention, detection, investigation, or prosecution of an
offense; or
(B) serving as a probation or pretrial services officer under
this title;
(5) the term ''bodily injury'' means -
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily member, organ, or
mental faculty; or
(E) any other injury to the body, no matter how temporary;
and
(6) the term ''corruptly persuades'' does not include conduct
which would be misleading conduct but for a lack of a state of
mind.
(b) As used in section 1505, the term ''corruptly'' means acting
with an improper purpose, personally or by influencing another,
including making a false or misleading statement, or withholding,
concealing, altering, or destroying a document or other
information.
(c) This chapter does not prohibit or punish the providing of
lawful, bona fide, legal representation services in connection with
or anticipation of an official proceeding.
-SOURCE-
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1252;
amended Pub. L. 99-646, Sec. 50(b), Nov. 10, 1986, 100 Stat. 3605;
Pub. L. 100-690, title VII, Sec. 7029(b), (d), Nov. 18, 1988, 102
Stat. 4398; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104
Stat. 5117; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,
1992, 106 Stat. 4516; Pub. L. 103-322, title XXXII, Sec. 320604(a),
Sept. 13, 1994, 108 Stat. 2118; Pub. L. 104-292, Sec. 3, Oct. 11,
1996, 110 Stat. 3460; Pub. L. 104-294, title VI, Sec. 604(b)(39),
Oct. 11, 1996, 110 Stat. 3509.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a)(1)(D). Pub. L. 104-294 struck out ''or'' after
semicolon at end.
Subsecs. (b), (c). Pub. L. 104-292 added subsec. (b) and
redesignated former subsec. (b) as (c).
1994 - Subsec. (a)(1)(D). Pub. L. 103-322 added subpar. (D).
1992 - Subsec. (a)(1)(A). Pub. L. 102-572 substituted ''United
States Court of Federal Claims'' for ''United States Claims
Court''.
1988 - Subsec. (a)(1)(A). Pub. L. 100-690, Sec. 7029(b), inserted
''a judge of the United States Tax Court, a special trial judge of
the Tax Court, a judge of the United States Claims Court,'' after
''bankruptcy judge,''.
Subsec. (a)(6). Pub. L. 100-690, Sec. 7029(d), added par. (6).
1986 - Pub. L. 99-646 inserted ''; general provision'' in section
catchline, designated existing provisions as subsec. (a), and added
subsec. (b).
-CHANGE-
CHANGE OF NAME
''United States magistrate judge'' substituted for ''United
States magistrate'' in subsec. (a)(1)(A) pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
-MISC4-
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 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of
Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE
Section effective Oct. 12, 1982, see section 9(a) of Pub. L.
97-291, set out as a note under section 1512 of this title.
-CITE-
18 USC Sec. 1516 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1516. Obstruction of Federal audit
-STATUTE-
(a) Whoever, with intent to deceive or defraud the United States,
endeavors to influence, obstruct, or impede a Federal auditor in
the performance of official duties relating to a person receiving
in excess of $100,000, directly or indirectly, from the United
States in any 1 year period under a contract or subcontract, or
relating to any property that is security for a mortgage note that
is insured, guaranteed, acquired, or held by the Secretary of
Housing and Urban Development pursuant to any Act administered by
the Secretary, or relating to any property that is security for a
loan that is made or guaranteed under title V of the Housing Act of
1949, shall be fined under this title, or imprisoned not more than
5 years, or both.
(b) For purposes of this section -
(1) the term ''Federal auditor'' means any person employed on a
full- or part-time or contractual basis to perform an audit or a
quality assurance inspection for or on behalf of the United
States; and
(2) the term ''in any 1 year period'' has the meaning given to
the term ''in any one-year period'' in section 666.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7078(a), Nov. 18, 1988, 102
Stat. 4406; amended Pub. L. 103-322, title XXXII, Sec. 320609,
Sept. 13, 1994, 108 Stat. 2120; Pub. L. 104-294, title VI, Sec.
604(b)(43), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 105-65, title V,
Sec. 564, Oct. 27, 1997, 111 Stat. 1420; Pub. L. 106-569, title
VII, Sec. 709(b), Dec. 27, 2000, 114 Stat. 3018.)
-REFTEXT-
REFERENCES IN TEXT
The Housing Act of 1949, referred to in subsec. (a), is act July
15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Act is
classified generally to subchapter III (Sec. 1471 et seq.) of
chapter 8A of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 1441 of Title 42 and Tables.
-MISC2-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-569 inserted ''or relating to any
property that is security for a loan that is made or guaranteed
under title V of the Housing Act of 1949,'' before ''shall be fined
under this title''.
1997 - Subsec. (a). Pub. L. 105-65 inserted ''or relating to any
property that is security for a mortgage note that is insured,
guaranteed, acquired, or held by the Secretary of Housing and Urban
Development pursuant to any Act administered by the Secretary,''
after ''under a contract or subcontract,''.
1996 - Subsec. (b)(1). Pub. L. 104-294 inserted ''and'' after
semicolon at end.
1994 - Subsec. (b). Pub. L. 103-322 substituted ''section - ''
for ''section'', inserted ''(1)'' before ''the term'', substituted
semicolon for the period at end, and added par. (2).
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.
-CITE-
18 USC Sec. 1517 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1517. Obstructing examination of financial institution
-STATUTE-
Whoever corruptly obstructs or attempts to obstruct any
examination of a financial institution by an agency of the United
States with jurisdiction to conduct an examination of such
financial institution shall be fined under this title, imprisoned
not more than 5 years, or both.
-SOURCE-
(Added Pub. L. 101-647, title XXV, Sec. 2503(a), Nov. 29, 1990, 104
Stat. 4861.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3059A of this title; title
12 sections 1785, 1829, 4204, 4224.
-CITE-
18 USC Sec. 1518 01/22/02
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
-HEAD-
Sec. 1518. Obstruction of criminal investigations of health care
offenses
-STATUTE-
(a) Whoever willfully prevents, obstructs, misleads, delays or
attempts to prevent, obstruct, mislead, or delay the communication
of information or records relating to a violation of a Federal
health care offense to a criminal investigator shall be fined under
this title or imprisoned not more than 5 years, or both.
(b) As used in this section the term ''criminal investigator''
means any individual duly authorized by a department, agency, or
armed force of the United States to conduct or engage in
investigations for prosecutions for violations of health care
offenses.
-SOURCE-
(Added Pub. L. 104-191, title II, Sec. 245(a), Aug. 21, 1996, 110
Stat. 2017.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 24 of this title.