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. (Added Pub. L. 97-291, § 4(a), Oct. 12, 1982, 96 Stat. 1250.) 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. § 1515. Definitions for certain provisions; general provision (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, 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 Claims Court, or a Federal grand jury; (B) a proceeding before the Congress; or (C) a proceeding before a Federal Government agency which is authorized by law; (2) the term "physical force" means physical action against another, and includes confinement; (3) the term "misleading conduct" means- (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) 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. (Added Pub. L. 97-291, § 4(a), Oct. 12, 1982, 96 Stat. 1252, and amended Pub. L. 99-646, § 50(b), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100-690, title VII, § 7029(b), (d), Nov. 18, 1988, 102 Stat. 4398.) AMENDMENTS 1988-Subsec. (a)(1)(A). Pub. L. 100-690, § 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, § 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). 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. § 1516. Obstruction of Federal audit (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, shall be fined under this title, or imprisoned not more than 5 years, or both. (b) For purposes of this section 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. (Added Pub. L. 100-690, title VII, § 7078(a), Nov. 18, 1988, 102 Stat. 4406.) § 1541. Issuance without authority Whoever, acting or claiming to act in any office or capacity under the United States, or a State or possession, without lawful authority grants, issues, or verifies any passport or other instrument in the nature of a passport to or for any person whomsoever; or Whoever, being a consular officer authorized to grant, issue, or verify passports, knowingly and willfully grants, issues, or verifies any such passport to or for any person not owing allegiance, to the United States, whether a citizen or not Shall be fined not more than $500 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 771.) HISTORICAL AND REVISION NOTES Based on section 219 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (R.S. 4078; June 14, 1902, ch. 1088, § 3, 32 Stat. 386). The venue provision, which followed the punishment provisions, was omitted as covered by section 3238 of this title. Changes were made in phraseology. CROSS REFERENCES Limitations, period of, see section 3291 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3291 of this title; title 22 section 2709. § 1542. False statement in application and use of passport Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws; or Whoever willfully and knowingly uses or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement Shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 771.) HISTORICAL AND REVISION NOTES Based on section 220 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (June 15, 1917, ch. 30, title IX, § 2, 40 Stat. 227; Mar. 28, 1940, ch. 72, § 7, 54 Stat. 80). Mandatory-punishment provision was rephrased in the alternative. Punishment of five years' imprisonment was substituted for "ten years" to conform with other sections embracing offenses of comparable gravity. Minor changes were made in phraseology. Letters, writings, etc., in violation of this section as nonmailable, see section 1717 of this title. Limitations, period of, see section 3291 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1717, 3291 of this title; title 22 section 2709. § 1543. Forgery or false use of passport Whoever falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or Whoever willfully and knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same Shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 771.) HISTORICAL AND REVISION NOTES Based on section 222 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (June 15, 1917, ch. 30, title IX, § 4, 40 Stat. 227; Mar. 28, 1940, ch. 72, § 7, 54 Stat. 80). Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Mandatory-punishment provision with authorization for added fine in discretion of court was rephrased in the alternative. Punishment of five years' imprisonment was substituted for "ten years" to conform with other sections embracing offenses of comparable gravity. Minor changes were made in phraseology. CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Jurisdiction of offenses, see section 3241 of this title. Letters, writings, etc., in violation of this section as nonmailable, see section 1717 of this title. Limitations, period of, see section 3291 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1717, 3291 of this title; title 22 section 2709. § 1544. Misuse of passport Whoever willfully and knowingly uses, or attempts to use, any passport issued or designed for the use of another; or Whoever willfully and knowingly uses or attempts to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports; or Whoever willfully and knowingly furnishes, disposes of, or delivers a passport to any person, for use by another than the person for whose use it was originally issued and designed Shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 771.) § 1546. Fraud and misuse of visas, permits, and other documents (a) Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or Whoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or Whoever, when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorized by law to receive such document; or Whoever knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement Shall be fined in accordance with this title or imprisoned not more than five years, or both. (b) Whoever uses (1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor, (2) an identification document knowing (or having reason to know) that the document is false, or (3) a false attestation, for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act, shall be fined in accordance with this title, or imprisoned not more than two years, or both. (c) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).1 1 See References in Text note below. (June 25, 1948, ch. 645, 62 Stat. 771; June 27, 1952, ch. 477, title IV, § 402(a), 66 Stat. 275; Oct. 18, 1976, Pub. L. 94-550, § 5, 90 Stat. 2535; Nov. 6, 1986, Pub. L. 99-603, title I, § 103(a), 100 Stat. 3380; Oct. 24, 1988, Pub. L. 100-525, § 2(c), 102 Stat. 2610.) HISTORICAL AND REVISION NOTES Based on section 220 of title 8, U.S.C., 1940 ed., Aliens and Nationality (May 26, 1924, ch. 190, § 22, 43 Stat. 165). Words "upon conviction thereof" were omitted as surplusage since punishment can be imposed only after a conviction. Fine of $10,000 was reduced to $2,000 to conform with sections embracing offences of comparable gravity. Minor changes were made in phraseology. REFERENCES IN TEXT The immigration laws, referred to in subsec. (a), are classified generally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. See also section 1101(a)(17) of Title 8. Section 274A(b) of the Immigration and Nationality Act, referred to in subsec. (b), is classified to section 1324a(b) of Title 8. Title V of the Organized Crime Control Act of 1970, referred to in subsec. (c), is title V of Pub. L. 91-452, Oct. 15, 1970, 84 Stat. 933, which was set out as a note preceding section 3481 of this title, and was repealed by Pub. L. 98-473, title II, § 1209(b), Oct. 12, 1984, 98 Stat. 2163. See section 3521 et seq. of this title. AMENDMENTS 1988-Pub. L. 100-525 amended Pub. L. 99-603. See 1986 Amendment note below. 1986-Pub. L. 99-603, as amended by Pub. L. 100-525, substituted "other documents" for "other entry documents" in section catchline, designated existing provisions as subsec. (a), substituted "permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States" for "or other document required for entry into the United States" and for "or document" in first par., substituted "in accordance with this title" for "not more than $2,000" in concluding par., and added subsecs. (b) and (c). 1976-Pub. L. 94-550 inserted ", or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true,' after "Whoever knowingly makes under oath" in fourth par. 1952-Act June 27, 1952, made section applicable to entry documents other than visas and permits. EFFECTIVE DATE OF 1988 AmendmenT Amendment by Pub. L. 100-525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out as a note under section 1101 of Title 8, Aliens and Nationality. TRANSFER OF FUNCTIONS All functions vested by law in the Attorney General, the Department of Justice, or any other officer or any agency of that Department, with respect to the inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving the United States, were to have been transferred to the Secretary of the Treasury by 1973 Reorg. Plan No. 2, § 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5, Government Organization and Employees. The transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 § 1581. Peonage; obstructing enforcement (a) Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (b) Whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be liable to the penalties prescribed in subsection (a). (June 25, 1948, ch. 645, 62 Stat. 772.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 444, 445 (Mar. 4, 1909, ch. 321, §§ 269, 270, 35 Stat. 1142). Section consolidates sections 444 and 445 of said title 18, U.S.C., 1940 ed., with changes in phraseology to amplify and clarify their provisions. Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. wise prepares or sends away any vessel, in any port or place within the United States, or causes such vessel to sail from any such port or place, for the purpose of procuring any person from any foreign kingdom or country to be transported and held, sold, or otherwise disposed of as a slave, or held to service or labor, shall be fined not more than $5,000 or imprisoned not more than seven years, or both. (June 25, 1948, ch. 645, 62 Stat. 772.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 424 (Mar. 4, 1909, ch. 321, § 249, 35 Stat. 1139). Words "within the United States" were substituted for "within the jurisdiction of the United States". See section 5 of this title defining "United States". Provision for division of the fine and its recovery by private person was omitted. (See reviser's note under section 1585 of this title.) Mandatory-punishment provisions were rephrased in the alternative. Minor changes were made in phraseology. CROSS REFERENCES Limitation on prosecution of slave trade violations, see section 3283 of this title. Slavery abolished, see Const. Amend. 13. § 1583. Enticement into slavery Whoever kidnaps or carries away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave; or Whoever entices, persuades, or induces any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held Shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 772.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 443 (Mar. 4, 1909, ch. 321, § 268, 35 Stat. 1141). Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Minor changes were made in paragraphing of section. CROSS REFERENCES Slavery abolished, see Const. Amend. 13. Wire or oral communications, authorization for interception, to provide evidence of kidnapping, see section 2516 of this title. § 1584. Sale into involuntary servitude Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 773.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 423, 446 (Mar. 4, 1909, ch. 321, §§ 248, 271, 35 Stat. 1139, 1142). |