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EXISTING RIGHTS OR LIABILITIES

Section 21 of act June 25, 1948, ch. 645, 62 Stat. 862, provided in part that any right or liabilities now existing under repealed sections or parts thereof shall not be affected by the repeal.

REPEALED, TRANSFERRED, AND OMITTED SECTIONS All former sections of Title 18 were repealed, transferred to other titles, or omitted by said act June 25, 1948, except for sections 595, 644, 726-1, 726a, 729, 730, and 732 which were repealed by act June 25, 1948, ch. 646, 62 Stat. 687, the act revising and codifying Title 28, Judiciary and Judicial Procedure, into positive law.

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in title 8 sections 1160, 1255a, 1324, 1326; title 15 section 1245; title 16 sections 256b, 590n, 668dd, 3373, 3375, 4224, 4306; title 20 section 1221e-1; title 21 sections 333, 841, 844, 848, 858, 960; title 28 sections 535, 994; title 29 section 1136; title 33 section 2609; title 38 section 3405; title 39 section 2003; title 41 sections 54, 423; title 42 sections 290cc-33, 300h-2, 300i-1, 1395ss, 6263, 9603, 9612; title 46 sections 12507, 31306, 31330; title 46 App. section 808; title 48 sections 1424-4, 1614, 1694; title 49 App. section 1472.

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1988-Pub. L. 100-690, title VII, § 7063, Nov. 18, 1988, 102 Stat. 4404, substituted "Bribery, graft, and conflicts of interest" for "Bribery and graft" in item for chapter 11, substituted "carrier operation under the influence of alcohol or drugs....341" for "Carrier Operation Under the Influence of Alcohol or Drugs" in item for chapter 17A, substituted "abuse" for "Abuse", in item for chapter 109A, struck out final period and inserted "....2331" in item for chapter 113A, and substituted "wire and electronic communications and transactional records access" for "Wire and Electronic Com

munications and Transactional Records Access" in item for chapter 121.

Pub. L. 100-606, § 2(b), Nov. 4, 1988, 102 Stat. 3047, added item for chapter 50A.

1986-Pub. L. 99-646, § 87(c)(7), Nov. 10, 1986, 100 Stat. 3623, and Pub. L. 99-654, § 3(a)(7), Nov. 14, 1986, 100 Stat. 3663, amended analysis identically, striking out item for chapter 99 "Rape" and adding item for chapter 109A.

Pub. L. 99-628, § 5(a)(2), Nov. 7, 1986, 100 Stat. 3511, substituted "Transportation for illegal sexual activity and related crimes" for "White slave traffic" as item for chapter 117.

Pub. L. 99-570, title I, §§ 1366(b), 1971(b), Oct. 27, 1986, 100 Stat. 3207-39, 3207-59, added items for chapters 17A and 46.

Pub. L. 99-508, title I, § 101(c)(3), title II, § 201(b), Oct. 21, 1986, 100 Stat. 1851, 1868, inserted “and electronic communications” in item for chapter 119 and added item for chapter 121.

Pub. L. 99-399, title XII, § 1202(b), Aug. 27, 1986, 100 Stat. 897, added item for chapter 113A.

1982-Pub. L. 97-285, §§ 2(d), 4(d), Oct. 6, 1982, 96 Stat. 1219, 1220, substituted "Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault" for "Congressional assassination, kidnaping, and assault" as item for chapter 18, and inserted “and Presidential staff" after "Presidential" in item for chapter 84.

1978-Pub. L. 95-575, § 2, Nov. 2, 1978, 92 Stat. 2465, added item for chapter 114.

Pub. L. 95-225, § 2(b), Feb. 6, 1978, 92 Stat. 8, added item for chapter 110.

1971-Pub. L. 91-644, title IV, § 17, Jan. 2, 1971, 84 Stat. 1891, added item for chapter 18.

1970-Pub. L. 91-513, title III, § 1101(b)(1)(B), Oct. 27, 1970, 84 Stat. 1292, struck out item for chapter 68 "Narcotics".

Pub. L. 91-452, title IX, § 901(b), title XI, § 1102(b), Oct. 15, 1970, 84 Stat. 947, 959, added items for chapters 40 and 96.

1968-Pub. L. 90-351, title IV, § 905, June 19, 1968, 82 Stat. 234, added item for chapter 44.

Pub. L. 90-321, title II, § 202(b), May 29, 1968, 82 Stat. 162, added item for chapter 42.

Pub. L. 90-284, title I, § 104(b), title X, § 1002(b), Apr. 11, 1968, 82 Stat. 77, 92, added items for chapters 12 and 102.

1965-Pub. L. 89-141, § 3, Aug. 28, 1965, 79 Stat. 581, added item for chapter 84.

1956-Act Aug. 1, 1956, ch. 825, § 2(a), 70 Stat. 798, substituted "Animals, Birds, Fish, and Plants" for "Animals, Birds, and Fish" in item for chapter 3.

Act July 18, 1956, ch. 629, § 202, 70 Stat. 575, added item for chapter 68.

Act July 14, 1956, ch. 595, § 2, 70 Stat. 540, added item for chapter 2.

1949-Act May 24, 1949, ch. 139, § 1, 63 Stat. 89, struck out "constituting crimes" in item for chapter 21, and added item for chapter 50.

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Vessel of the United States defined.

Foreign government defined.

Interstate commerce and foreign commerce defined.

12.

United States Postal Service defined.

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1987-Pub. L. 100-185, § 4(b), Dec. 11, 1987, 101 Stat. 1279, added item 19.

1986-Pub. L. 99-646, §§ 34(b), 38(b), Nov. 10, 1986, 100 Stat. 3599, renumbered item 20 as 17 and added item 18.

1984-Pub. L. 98-473, title II, §§ 218(b), 402(b), 1001(b), Oct. 12, 1984, 98 Stat. 2027, 2057, 2136, substituted "Repealed" for "Offenses classified" in item 1 and added items 16 and 20.

1970-Pub. L. 91-375, § 6(j)(1), Aug. 12, 1970, 84 Stat. 777, inserted "United States" before "Postal Service" in item 12.

1962-Pub. L. 87-845, § 3(b), Oct. 18, 1962, 76A Stat. 698, inserted"; definition" in item 14.

1958-Pub. L. 85-921, § 4, Sept. 2, 1958, 72 Stat. 1771, added item 15.

NATIONAL COMMISSION ON REFORM OF FEDERAL
CRIMINAL LAWS

Pub. L. 89-801, Nov. 8, 1966, 80 Stat. 1516, as amended by Pub. L. 91-39, July 8, 1969, 83 Stat. 44, provided for the establishment of the National Commission on Reform of Federal Criminal Laws, its membership, duties, compensation of the members, the Director, and the staff of the Commission, established the Advisory Committee on Reform of Federal Criminal Laws, required the Commission to submit interim reports to the President and the Congress and to submit a final report within four years from Nov. 8, 1966, and further provided that the Commission shall cease to exist sixty days after the submission of the final report.

Ex. ORD. No. 11396. COORDINATION BY ATTORNEY GENERAL OF FEDERAL LAW ENFORCEMENT AND CRIME PREVENTION PROGRAMS

Ex. Ord. No. 11396, Feb. 7, 1968, 33 F.R. 2689, provided:

WHEREAS the problem of crime in America today presents the Nation with a major challenge calling for maximum law enforcement efforts at every level of Government;

WHEREAS coordination of all Federal Criminal law enforcement activities and crime prevention programs is desirable in order to achieve more effective results; WHEREAS the Federal Government has acknowledged the need to provide assistance to State and local law enforcement agencies in the development and administration of programs directed to the prevention and control of crime:

WHEREAS to provide such assistance the Congress has authorized various departments and agencies of the Federal Government to develop programs which may benefit State and local efforts directed at the prevention and control of crime, and the coordination of

So in original. Capitalization does not conform to section catchline.

such programs is desirable to develop and administer them most effectively; and

WHEREAS the Attorney General, as the chief law officer of the Federal Government, is charged with the responsibility for all prosecutions for violations of the Federal criminal statutes and is authorized under the Law Enforcement Assistance Act of 1965 (79 Stat. 828) [formerly set out as a note preceding section 3001 of this title] to cooperate with and assist State, local, or other public or private agencies in matters relating to law enforcement organization, techniques and practices, and the prevention and control of crime.

NOW, THEREFORE, by virtue of the authority vested in the President by the Constitution and laws of the United States, it is ordered as follows:

SECTION 1. The Attorney General is hereby designated to facilitate and coordinate (1) the criminal law enforcement activities and crime prevention programs of all Federal departments and agencies, and (2) the activities of such departments, and agencies relating to the development and implementation of Federal programs which are designed, in whole or in substantial part, to assist State and local law enforcement agencies and crime prevention activities. The Attorney General may promulgate such rules and regulations and take such actions as he shall deem necessary or appropriate to carry out his functions under this Order.

SEC. 2. Each Federal department and agency is directed to cooperate with the Attorney General in the performance of his functions under this Order and shall, to the extent permitted by law and within the limits of available funds, furnish him such reports, information, and assistance as he may request.

LYNDON B. JOHNSON.

EXECUTIVE ORDER NO. 11534

Ex. Ord. No. 11534, June 4, 1970, 35 F.R. 8865, which related to the National Council on Organized Crime, was revoked by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employ

ees.

[§ 1. Repealed. Pub. L. 98-473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027]

EFFECTIVE DATE OF REPEAL; OFFENSES COMMITTED PRIOR TO Nov. 1, 1987

Section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title, provided that the repeal of this section is effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal. Prior to repeal, this section read as follows:

§ 1. Offenses classified

trary:

Notwithstanding any Act of Congress to the con(1) Any offense punishable by death or imprisonment for a term exceeding one year is a felony. (2) Any other offense is a misdemeanor.

(3) Any misdemeanor, the penalty for which, as set forth in the provision defining the offense, does not exceed imprisonment for a period of six months or a fine of not more than $5,000 for an individual and $10,000 for a person other than an individual, or both, is a petty offense.

(June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98-596, § 8, 98 Stat. 3138.)

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-690, title VII, § 7011, Nov. 18, 1988, 102 Stat. 4395, provided that: "This subtitle [subtitle B (§§ 7011 to 7096) of title VII of Pub. L. 100-690, see Tables for classification] may be cited as the 'Minor

and Technical Criminal Law Amendments Act of 1988'."

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-185, § 1, Dec. 11, 1987, 101 Stat. 1279, provided that: "This Act [enacting section 19 of this title, amending sections 18, 3013, 3559, 3571, 3572, 3573, 3611, 3612, and 3663 of this title and section 604 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under section 3611 of this title] may be cited as the 'Criminal Fine Improvements Act of 1987'."

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-646, § 1, Nov. 10, 1986, 100 Stat. 3592, provided that: "This Act [see Tables for classification] may be cited as the 'Criminal Law and Procedure Technical Amendments Act of 1986'."

SHORT TITLE OF 1984 AMENDMENT

Section 200 of title II (§§ 200-2304) of Pub. L. 98-473 provided that: "This title [see Tables for classification] may be cited as the 'Comprehensive Crime Control Act of 1984'."

§ 2. Principals

(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

(June 25, 1948, ch. 645, 62 Stat. 684; Oct. 31, 1951, ch. 655, § 17b, 65 Stat. 717.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 550 (Mar. 4, 1909, ch. 321, § 332, 35 Stat. 1152).

Section 2(a) comprises section 550 of title 18, U.S.C., 1940 ed., without change except in minor matters of phraseology.

Section 2(b) is added to permit the deletion from many sections throughout the revision of such phrases as "causes or procures”.

The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States.

It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.

This accords with the following decisions: Rothenburg v. United States, 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and United States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. United States v. Giles, 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888.

AMENDMENTS

1951-Subsec. (a). Act Oct. 31, 1951, inserted "punishable as".

Subsec. (b). Act Oct. 31, 1951, inserted "willfully" before "causes", and "or another" after "him", and substituted "is punishable as a principal" for "is also a principal and punishable as such".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1962 of this title; title 21 sections 848, 854; title 49 App. section 1473; title 50 section 422.

§ 3. Accessory after the fact

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than ten years.

(June 25, 1948, ch. 645, 62 Stat. 684; Nov. 10, 1986, Pub. L. 99-646, § 43, 100 Stat. 3601.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 551 (Mar. 4, 1909, ch. 321, § 333, 35 Stat. 1152).

The first paragraph is new. It is based upon authority of Skelly v. United States (C. C. A. Okl. 1935, 76 F. 2d 483, certiorari denied, 1935, 55 S. Ct. 914, 295 U.S. 757, 79 L. Ed. 1699), where the court defined an accessory after the fact as

one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to hinder the felon's apprehension, trial, or punishment

and cited Jones' Blackstone, books 3 and 4, page 2204; U.S. v. Hartwell (Fed. Cas. No. 15,318); Albritton v. State (32 Fla. 358, 13 So. 955); State v. Davis (14 R. I. 281); Schleeter v. Commonwealth (218 Ky. 72, 290 S. W. 1075). (See also State v. Potter, 1942, 221 N. C. 153, 19 S. E. 2d 257; Hunter v. State, 1935, 128 Tex. Cr. R. 191, 79 S. W. 2d 855; State v. Wells, 1940, 195 La. 754, 197 So. 419.)

The second paragraph is from section 551 of title 18, U.S.C., 1940 ed. Here only slight changes were made in phraseology.

AMENDMENTS

1986-Pub. L. 99-646 inserted "life imprisonment or" in second par.

§ 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined not more than $500 or imprisoned not more than three years, or both.

(June 25, 1948, ch. 645, 62 Stat. 684.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C. 1940 ed., § 251 (Mar. 4, 1909, ch. 321, § 146, 35 Stat. 1114).

Changes in phraseology only.

CROSS REFERENCES

Concealing escaped prisoners, see section 1072 of this title.

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