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Concealing or harboring persons engaged in espionage, see section 792 of this title.

Concealing persons from arrest, see section 1071 of this title.

Harboring fugitives from justice, see section 1071 et. seq. of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 section 422.

istration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense. (June 25, 1948, ch. 645, 62 Stat. 685.)

8 5. United States defined

HISTORICAL AND REVISION NOTES This section defines the terms “department" and "agency" of the United States. The word "department” appears 57 times in title 18, U.S.C., 1940 ed., and the word "agency" 14 times. It was considered necessary to define clearly these words in order to avoid possible litigation as to the scope or coverage of a given section containing such words. (See United States v. Germaine, 1878, 99 U.S. 508, 25 L. Ed. 482, for definition of words “department" or "head of department.")

The phrase "corporation in which the United States has a proprietary interest” is intended to include those governmental corporations in which stock is not actually issued, as well as those in which stock is owned by the United States. It excludes those corporations in which the interest of the Government is custodial or incidental.

REFERENCES IN TEXT Section 1 of Title 5, referred to in text, was repealed by Pub. L. 89-554, § 8, Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as section 101 of Title 5, Government Organization and Employees.

The term “United States", as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone. (June 25, 1948, ch. 645, 62 Stat. 685.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $$ 39, 133, 346, 381, 502, and 632, and section 40 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231).

Section consolidates the first sentence of section 39, all of sections 133, 346, and 632, and the second sentences, respectively, of sections 381 and 502, all of title 18, U.S.C., 1940 ed., and section 40 of title 50, U.S.C., 1940 ed., War and National Defense, with minor changes in phraseology.

All of these sections and parts of sections were derived from section 1 of title XIII of said act of June 15, 1917. Said section 40 of title 50, U.S.C., War and National Defense, has also been retained in that title, as it still relates to some sections therein which were not transferred to this title.

The remainder of said section 39 of title 18, U.S.C., 1940 ed., which was derived from sections 2, 3, and 4 of title XIII of the act of June 15, 1917, relating to jurisdiction and other matters, is almost entirely obsolete. The provisions still in force are incorporated in section 3241 of this title.

The remaining provisions of said sections 381 and 502 of title 18, U.S.C., 1940 ed., which were derived from sources other than said section 1 of title XIII of the act of June 15, 1917, are incorporated in sections 1364 and 2275 of this title.

SENATE REVISION AMENDMENT Words, “, except the Canal Zone.", were inserted in this section by Senate amendment. See Senate Report No. 1620, amendment No. 2, 80th Cong.

REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title.

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 112, 878, 1116, 1201 this title.

87. Special maritime and territorial jurisdiction of

the United States defined The term "special maritime and territorial jurisdiction of the United States", as used in this title, includes:

(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corpo. ration created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

(2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.

(3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

86. Department and agency defined

As used in this title:

The term “department" means one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government.

The term "agency" includes any department, independent establishment, commission, admin

CROSS REFERENCES Laws of States adopted for areas within Federal jurisdiction, see section 13 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13, 112, 878, 1116, 1201 of this title; title 15 sections 1175, 1243, 1245; title 16 section 3372; title 49 App. section 1472.

8 8. Obligation or other security of the United States

defined The term "obligation or other security of the United States" includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. (June 25, 1948, ch. 645, 62 Stat. 685.)

(4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertain ing to the United States.

(5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession there. of, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

(6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.

(7) Any place outside the jurisdiction of any nation with respect to an offense by or

against a national of the United States. (June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat. 589; Dec. 21, 1981, Pub. L. 97-96, $ 6, 95 Stat. 1210; Oct. 12, 1984, Pub. L. 98-473, title II, § 1210, 98 Stat. 2164.)

HISTORICAL AND REVISION NOTES Based on title 18. U.S.C., 1940 ed., $ 451 (Mar. 4, 1909, ch. 321, $ 272, 35 Stat. 1142; June 11, 1940, ch. 323, 54 Stat. 304).

The words “The term 'special maritime and territorial jurisdiction of the United States' as used in this title includes:" were substituted for the words "The crimes and offenses defined in sections 451-468 of this title shall be punished as herein prescribed."

This section first appeared in the 1909 Criminal Code. It made it possible to combine in one chapter all

one chapter all the penal provisions covering acts within the admiralty and maritime jurisdiction without the necessity of repeating in each section the places covered.

The present section has made possible the allocation of the diverse provisions of chapter 11 of Title 18, U.S.C., 1940 ed., to particular chapters restricted to particular offenses, as contemplated by the alphabeti. cal chapter arrangement.

In several revised sections of said chapter 11 the words "within the special maritime and territorial jurisdiction of the United States" have been added. Thus the jurisdictional limitation will be preserved in all sections of said chapter 11 describing an offense.

Enumeration of names of Great Lakes was omitted as unnecessary.

Other minor changes were necessary now that the section defines a term rather than the place of commission of crime or offense: however, the extent of the special jurisdiction as originally enacted has been carefully followed.

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., 8 261 (Mar. 4, 1909, ch. 321, $ 147, 35 Stat. 1115; Jan. 27, 1938, ch. 10, $ 3, 52 Stat. 7).

The terms of this section were general enough to justify its inclusion in this chapter rather than retaining it in the chapter on "Counterfeiting" where the terms which it specifically defines are set out in sections 471-476, 478, 481, 483, 492, and 504 of this title.

Words "Federal Reserve notes, Federal Reserve bank notes" were inserted before "coupons" because such notes have almost supplanted national bank currency.

Minor changes were made in phraseology.

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES Connecting parts of different notes, see section 484 of this title.

Contraband articles, application to, see section 787 of Title 49, Appendix, Transportation.

Dealing in counterfeit obligations or securities, see section 473 of this title.

Embezzlement and theft of tools and materials for counterfeiting purposes, see section 642 of this title.

Falsely making, forging, counterfeiting or altering obligation or security, see section 471 of this title.

Forfeiture of counterfeit paraphernalia, see section 492 of this title.

Imitating obligations or securities; advertisements, see section 475 of this title.

Plates or stones for counterfeiting obligations or securities, see section 474 of this title.

Possessing or selling impressions of tools used for obligations or securities, see section 477 of this title.

Taking impressions of tools used for obligations or securities, see section 476 of this title.

Transportation, sale or receipt of stolen securities, application to "obligation or other security of the United States," see sections 2314, 2315 of this title.

Uttering counterfeit obligations or securities, see section 472 of this title.

AMENDMENTS 1984–Par. (7). Pub. L. 98-473 added par. (7). 1981-Par. (6). Pub. L. 97-96 added par. (6). 1952_Par. (5). Act July 12, 1952, added par. (5).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 2024; title 49 App. section 787.

8 9. Vessel of the United States defined

The term “vessel of the United States", as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof. (June 25, 1948, ch. 645, 62 Stat. 685.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $ 501 (Mar. 4, 1909, ch. 321, $ 310, 35 Stat. 1148).

Section is made applicable to the entire title rather than to sections 481 et seq. of title 18, U.S.C., 1940 ed. Minor changes in phraseology were made.

1940 ed., War and National Defense (June 15, 1917, ch. 30, title VIII, $ 4, 40 Stat. 226).

The definition of “foreign government" contained in this section, with minor changes in phraseology, is from section 4 of title VIII of act June 15, 1917 (Ch. 30, 40 Stat. 217, 226), known as the Espionage Act of 1917. This definition was incorporated in sections 98, 288, and 349 of title 18 and in section 235 of title 22, Foreign Relations and Intercourse, and in section 41 of Title 50, War and National Defense, U.S.C., all in 1940 ed., since the definition was specifically enacted with reference to said sections and others not material here.

The remaining provisions of said sections 98 and 349 of title 18, U.S.C., 1940 ed., which were derived from sources other than said section 4 of title VIII of the act of June 15, 1917, are incorporated in sections 502 and 957 of this title.

CROSS REFERENCES Vessel as involving liquor traffic violations, see section 3667 of this title.

AMENDMENTS 1976—Pub. L. 94-467 inserted “except in sections 112, 878, 970, 1116, and 1201" after "title".

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

FEDERAL RULES OF CRIMINAL PROCEDURE Foreign relations, etc., grounds for issuance of search warrant, see rule 41, Appendix to this title.

Subpoena, circumstances and manner of service abroad, see rule 17.

Witnesses in foreign country, nonapplicability of rules to proceedings against witness, see rule 54.

§ 10. Interstate commerce and foreign commerce de

fined The term "interstate commerce", as used in this title, includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia.

The term "foreign commerce", as used in this title, includes commerce with a foreign country. (June 25, 1948, ch. 645, 62 Stat. 686.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $$ 408, 408b, 414(a), and 419a(b) (Oct. 29, 1919, ch. 89, $ 2(b), 41 Stat. 325; June 22, 1932, ch. 271, § 2, 47 Stat. 326; May 18, 1934, ch. 301, 48 Stat. 782; May 22, 1934, ch. 333, $ 2(a), 48 Stat. 794; Aug. 18, 1941, ch. 366, § 2(b), 55 Stat. 631).

This section consolidates into one section identical definitions contained in sections 408, 408b, 414(a), and 419a(b) of title 18, U.S.C., 1940 ed.

In addition to slight improvements in style, the word "commerce" was substituted for "transportation" in order to avoid the narrower connotation of the word "transportation" since "commerce" obviously includes more than “transportation." The word "Possession" was inserted in two places to make the definition more accurate and comprehensive since the places included in the word "Possession" would normally be within the term defined and a narrower construction should be handled by express statutory exclusion in those crimes which Congress intends to restrict to commerce within the continental United States.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title.

CROSS REFERENCES Extradition, certification of amounts to be paid by foreign government on account of fees and costs, see section 3195 of this title.

Foreign relations generally, see section 951 et seq. of this title.

Transportation, sale or receipt of stolen securities, application to obligations of foreign government, see sections 2314, 2315 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title.

8 12. United States Postal Service defined

As used in this title, the term "Postal Seryice" means the United States Postal Service established under title 39, and every officer and employee of that Service, whether 2 he has taken the oath of office. (June 25, 1948, ch. 645, 62 Stat. 686; Aug. 12, 1970, Pub. L. 91-375, $ 6(j)(2), 84 Stat. 777.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $$ 301, 360 (Mar. 4, 1909, ch. 321, $ $ 230, 231, 35 Stat. 1134).

This section consolidates sections 301 and 360 of title 18, U.S.C., 1940 ed., with necessary changes in phraseology.

8 11. Foreign government defined

The term “foreign government”, as used in this title except in sections 112, 878, 970, 1116, and 1201, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States. (June 25, 1948, ch. 645, 62 Stat. 686; Oct. 8, 1976, Pub. L. 94-467, § 11, 90 Stat. 2001.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $$ 98, 288, 349; section 235 of title 22 U.S.C., 1940 ed., Foreign Relations and Intercourse; section 41 of title 50, U.S.C.,

AMENDMENTS 1970-Pub. L. 91-375 inserted "United States" before “Postal Service" in section catchline and substituted in text as definition of "Postal Service" the United States Postal Service established under title 39, and every officer and employee of that Service, whether he has taken the oath of office, for prior definition which included the Post Office Department and every

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employee, thereof, whether or not he has taken the The word “Possession" was inserted to clarify scope oath of office.

of section.

Minor changes were made in phraseology.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-375 effective within 1

AMENDMENTS year after Aug. 12, 1970, on date established therefor

1988–Pub. L. 100-690 designated existing provisions by the Board of Governors of the United States Postal

as subsec. (a) and added subsec, (b). Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effec

SECTION REFERRED TO IN OTHER SECTIONS tive Date note preceding section 101 of Title 39, Postal Service.

This section is referred to in section 3013 of this

title. CROSS REFERENCES

8 14. Applicability to Canal Zone; definition United States Postal Service, see Title 39, Postal Service.

(a) In addition to the sections of this title

which by their terms apply to and within the 8 13. Laws of States adopted for areas within Federal

Canal Zone, the following sections of this title, jurisdiction

as amended from time to time, apply to and (a) Whoever within or upon any of the places within the Canal Zone: 6, 8, 11, 45, 201, 202, 203, now existing or hereafter reserved or acquired 205, 207, 208, 209, 210, 211, 218, 287, 331, 371, as provided in section 7 of this title, is guilty of 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, any act or omission which, although not made 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, punishable by any enactment of Congress, 491, 492, 493, 494, 495, 496, 497, 498, 499, 505, would be punishable if committed or omitted 506, 507, 508, 509, 594, 595, 598, 600, 601, 604, within the jurisdiction of the State, Territory, 605, 608, 611, 612, 703, 752, 755, 756, 792, 793, Possession, or District in which such place is 794, 795, 796, 797, 798, as added by section 24(a) situated, by the laws thereof in force at the of the Act of October 31, 1951 (chapter 655, 65 time of such act or omission, shall be guilty of a Stat. 719), 798, as added by section 4 of the Act like offense and subject to a like punishment. of June 30, 1953 (chapter 175, 67 Stat. 133), 799,

(b) For purposes of subsection (a) of this sec 915, 917, 951, 953, 954, 956, 957, 958, 959, 960,
tion, that which may or shall be imposed 961, 962, 963, 964, 965, 966, 967, 1001, 1017, 1024,
through judicial or administrative action under 1073, 1301, 1364, 1381, 1382, 1542, 1543, 1544,
the law of a State, territory, possession, or dis 1546, 1584, 1621, 1622, 1761, 1821, 1991, 2151,
trict, for a conviction for operating a motor ve 2152, 2153, 2154, 2155, 2156, 2157, 2199, 2231,
hicle under the influence of a drug or alcohol, 2234, 2235, 2274, 2275, 2277, 2381, 2382, 2383,
shall be considered to be a punishment provid 2384, 2385, 2387, 2388, 2389, 2390, 2421, 2422,
ed by that law. Any limitation on the right or 2423, 2424, 3042, 3059, 3105, 3109, 3187, 3195,
privilege to operate a motor vehicle imposed 3500.
under this subsection shall apply only to the (b) The term “Canal Zone", as used in the
special maritime and territorial jurisdiction of sections of this title which by their terms apply
the United States.

to and within the Canal Zone, and as used in (June 25, 1948, ch. 645, 62 Stat. 686; Nov. 18,

subsection (a) of this section, includes the area 1988, Pub. L. 100-690, title VI, $ 6477(a), 102

designated as the Canal Zone by sections 1 and Stat. 4381.)

2 of Title 2, Canal Zone Code; and it also in

cludes the corridor over which the United HISTORICAL AND REVISION NOTES

States of America exercises jurisdiction pursuBased on title 18, U.S.C., 1940 ed., § 468 (Mar. 4,

ant to the provisions of Article IX of the Gen1909, ch. 321, $ 289, 35 Stat. 1145; June 15, 1933, ch. 85, eral Treaty of Friendship and Cooperation be48 Stat. 152; June 20, 1935, ch. 284, 49 Stat. 394; June tween the United States of America and the 6, 1940, ch. 241, 54 Stat. 234).

Republic of Panama, signed March 2, 1936, to Act March 4, 1909, § 289 used the words “now in

the extent that the application, to the corridor, force" when referring to the laws of any State, orga

of the sections mentioned in this subsection, nized Territory or district, to be considered in force. As amended on June 15, 1933, the words "by the

and of those specified in subsection (a) of this laws thereof in force on June 1, 1933, and remaining in

section, is consistent with the nature of the force at the time of the doing or omitting the doing of rights of the United States in the corridor as such act or thing, would be penal,” were used.

provided by treaty. The amendment of June 20, 1935, extended the date (c) The definitions of the terms prescribed by to “April 1, 1935," and the amendment of June 6, 1940,

sections 5 and 10, or other sections of this title, extended the date to “February 1, 1940".

are modified to effectuate the applicability of The revised section omits the specification of any date as unnecessary in a revision, which speaks from

the sections enumerated by subsection (a) of the date of its enactment. Such omission will not only

this section to and within the Canal Zone. make effective within Federal reservations, the local

(June 25, 1948, ch. 645, 62 Stat. 686; Aug. 5, State laws in force on the date of the enactment of

1953, ch. 325, 67 Stat. 366; Oct. 18, 1962, Pub. L. the revision, but will authorize the Federal courts to

87-845, § 3(a), 76A Stat. 698; June 22, 1968, Pub. apply the same measuring stick to such offenses as is applied in the adjoining State under future changes of

L. 90-357, $ 59, 82 Stat. 248.) the State law and will make unnecessary periodic pro

SENATE REVISION AMENDMENT forma amendments of this section to keep abreast of changes of local laws. In other words, the revised sec This amendment, adding a new section 14, together tion makes applicable to offenses committed on such with amended section 5 will clarify the applicability of reservations, the law of the place that would govern if Federal criminal statutes within the Canal Zone. It the reservation had not been ceded to the United was particularly desired by the Governor of the Canal States.

Zone and the compiler of the Canal Zone Code. The

Governor of the Canal Zone, in a letter dated September 22, 1945, and filed with the House Judiciary Committee, advised:

"General criminal laws of the United States are now applicable to the Canal Zone only if applicability is indicated by language expressly referring to the Canal Zone, or to possessions of the United States, or to territory subject to the jurisdiction of the United States, etc. * • . The bill in its present form would have undesirable effects insofar as concerns the continued operation of the Canal Zone Criminal Code and Code of Criminal Procedure, established by Congress as titles 5 and 6 of the Canal Zone Code, enacted by act of June 19, 1934 (ch. 667, 48 Stat. 1122), and also would perhaps have undesirable effects insofar as concerns the continued applicability to the Canal Zone of the body of general criminal laws which are now applicable.”

REFERENCES IN TEXT For definition of Canal Zone and Canal Zone Code, referred to in text, see sections 3602(b) and 3602 note of Title 22, Foreign Relations and Intercourse.

Among the sections of this title, referred to in text, as being by their terms applicable to and within the Canal Zone are: section 1261 making Liquor Traffic provisions of sections 1261 to 1265 inapplicable to Canal Zone; section 3183, relating to extradition of fugitives from state, territory or possession into Canal Zone: sections 3241 relating to jurisdiction of offenses under certain sections: sections 3771 and 3772, relating to power of Supreme Court to prescribe rules of procedure in a criminal case to and including the verdict and after the verdict.

Sections 608, 611, and 612 of this title, referred to in subsec. (a), were repealed by Pub. L. 94-283, title II, $ 201(a), May 11, 1976, 90 Stat. 496.

AMENDMENTS

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1968–Subsec. (a). Pub. L. 90-357 inserted as amended from time to time,” after "title" and before "apply", included references in sections 203, 205, 207, 208, 209, 210, 211, and 218, and struck out reference to section 1914.

1962–Pub. L. 87-845 inserted "; definition" in section catchline, designated existing provisions of section as subsec. (a) and included references to sections 45, 201, 202, 287, 471, 473, 475, 476, 477, 484, 486, 487, 490 to 498, 505, 507 to 509, 752, 755, 798 as added by act of Oct. 31, 1951, 798 as added by act of June 30, 1953, 799, 1001, 1024, 1381, 1991, 2157, 2381 to 2383, 2387, 3042, 3187 and 3195, struck out references to sections 502, 791 and 1362, and added subsecs. (b) and (c).

1953-Act Aug. 5, 1953, inserted "1362" after “1301".

EFFECTIVE DATE OF 1962 AMENDMENT Section 25 of Pub. L. 87-845 provided in part that section 4210 of this title and section 858 of Title 50, War and National Defense, and the amendments of this section, section 1934 of Title 22, Foreign Relations and Intercourse, section 196 of Title 24, Hospitals and Asylums, sections 414, 547, 1404 and 1406 of Title 28, Judiciary and Judicial Procedure, and sections 1912 and 191b of Title 50, shall take effect Jan. 2, 1963.

FEDERAL RULES OF CRIMINAL PROCEDURE Applicability of rules, see rule 54, Appendix to this title.

CROSS REFERENCES Extradition of fugitives from Canal Zone into extraterritorial jurisdiction of United States, see section 3183 of this title.

Liquor traffic provisions inapplicable to Canal Zone, see section 1261 of this title.

Term United States as not including Canal Zone, see section 5 of this title.

8 15. Obligation or other security of foreign govern

ment defined The term "obligation or other security of any foreign government” includes, but is not limited to, uncanceled stamps, whether or not demonetized. (Added Pub. L. 85-921, § 3, Sept. 2, 1958, 72 Stat. 1771.)

8 16. Crime of violence defined

The term “crime of violence" means

(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or

(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the

course of committing the offense. (Added Pub. L. 98-473, title II, § 1001(a), Oct. 12, 1984, 98 Stat. 2136.)

8 17. Insanity defense

(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.

(b) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence. (Added Pub. L. 98-473, title II, § 402(a), Oct. 12, 1984, 98 Stat. 2057, § 20, and renumbered § 17, Pub. L. 99-646, § 34(a), Nov. 10, 1986, 100 Stat. 3599.)

8 18. Organization defined

As used in this title, the term “organization” means a person other than an individual. (Added Pub. L. 99-646, § 38(a), Nov. 10, 1986, 100 Stat. 3599, and amended Pub. L. 100-185, $ 4(c), Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100-690, title VII, § 7012, Nov. 18, 1988, 102 Stat. 4395.)

AMENDMENTS 1988–Pub. L. 100-690 made technical correction of directory language of Pub. L. 99-646, § 38(a), similar to that made by Pub. L. 100-185.

1987-Pub. L. 100-185 made technical correction in directory language of Pub. L. 99-646, § 38(a).

8 19. Petty offense defined

As used in this title, the term “petty offense" means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization. (Added Pub. L. 100-185, § 4(a), Dec. 11, 1987, 101 Stat. 1279, and amended Pub. L. 100-690,

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