Title 18 Flashcards by Logan strong

whoever commits an offense or aids, abets, counsels, commands, induces or procures its commission

18 USC 2 Principals
-any person who is a principal will be charged with the crime that was actually committed as well as the sentence associated with that offense

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whoever, knowing that an offense has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment

18 USC 3 Accessory after the fact

-half the time and fine the principal offender could receive. life or death = up to 15 yrs in prison

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whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any officer or employee of the US while performing official duties OR
whoever forcibly assaults or intimidates a former officer because of the former officer’s service

18 USC 111 Assaulting, resisting, impeding an officer

simple assault - up to 1 yr a/o fine
any other offense (physical contact, intent to commit another felony) - up to 8 yrs a/o fine
use of deadly/dangerous weapon/bodily injury - up to 20 yrs a/o fine

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whoever

a) knowingly possesses, develops, produces, stockpiles, transfers, acquires, or retains any biological agent, toxin, or delivery system for use as a weapon; or
b) knowingly assists a foreign state or any organization to do the same; or
c) attempts, threatens or conspires to do the same

18 USC 175 Biological weapons

-any terms up to and including life a/o fine

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whoever corruptly gives, offers, or promises anything of value (to a public official) OR (any public official who) demands, seeks, receives, accepts, or agrees to receive anything of value in order to:
(influence an official act, or commit fraud, or do/omit to do an act in violation of a lawful duty) influence testimony under oath, or absent oneself from testifying

18 USC 201 Bribery

-up to 15 yrs a/o fine

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whoever

a) knowingly possesses, uses, threatens to use, develops, produces, stockpiles, transfers, acquires, or retains any chemical weapon; or
b) helps or induces any person to do or attempt to do the same; or
c) attempts or conspires to do the same

18 USC 229 Chemical weapons

-any term up to and including life a/o fine

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an agreement between two or more people to commit a crime, and at least one of those people must take some overt action toward completing the conspiracy. Overt action can be lawful. A member is criminally responsible for all of the crimes that he or she conspires to commit, no matter which member commits the crime. A member is criminally responsible for every act committed in furtherance of the conspiracy by every other member

18 USC 371 Conspiracy

federal felony - up to 5 yrs a/o fine
federal misdemeanor - equal to penalty of misdemeanor

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whoever

a) fraudulently or knowing
b) imports or brings into the US
c) any merchandise, as defined by 19 USC 1401(c), including: i) goods, wares, chattels of every description, contraband, and monetary instruments, ii) baggage, personal effects, and even clothing worn by passengers, iii) an “article” as used in CBP’s primary customs forfeiture statute 19 USC 1595a(a), iv) but does not include people
d) contrary to (any other) law, or
e) receives, conceals, buys, sells, or facilitates transportation, concealment, or sale of such merchandise after importation, knowing the merchandise to have been imported or brought into the US in violation of law (smuggled)

18 USC 545 Merchandise smuggling

up to 20 yrs a/o $250,000 fine
this statute provides for the criminal forfeiture of any merchandise (or “the value thereof”) involved in the violation
is a “specified unlawful activity” (SUA) for money laundering purposes. This means your arrest of an individual for an “importation contrary to law (smuggling)” violation could serve as the foundation for a major criminal prosecution of the individual and others for money laundering under 18 USC 1956, 1957, or 1960

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whoever

a) knowing imports, exports, or attempts to import or export
b) any conveyance or part thereof
c) knowing it to be stolen, or
d) knowing that it’s VIN number has been altered, removed, or obliterated

18 USC 553 Importation or exportation of stolen conveyances

-up to 10 yrs a/o fine

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whoever

a) fraudulently or knowingly
b) exports, sends, or attempts to export or send
c) any merchandise, article, or object
d) from the US
e) contrary to law

18 USC 554 Smuggling of goods from the US

-up to 10 yrs a/o fine

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any person who

a) knowingly constructs or finances the construction of a tunnel or subterranean passage that crosses the international border, or
b) knows or recklessly disregards the construction or use of a tunnel or subterranean passage that crosses the international border on land the person owns or controls; or
c) uses a tunnel or subterranean passage that crosses the international border to smuggle an alien, merchandise, controlled substances, WMDs, or a terrorist, or
d) attempts or conspires to commit an offense under subsection (a) or (c)

18 USC 555 Border tunnels and passages

constructing/financing a tunnel - up to 20 yrs and fine
construction/use of a tunnel on the person’s land - up to 10 yrs and fine
using the tunnel for smuggling - up to 2x the penalty of smuggling without a tunnel
attempt/conspiracy - same penalty as the underlying offense

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whoever

a) flees or evades a checkpoint operated by any federal law enforcement agency in a motor vehicle AND
b) flees federal, state, or local law enforcement agents in excess of the legal speed limit

18 USC 758 High speed flight (from immigration checkpoint)

up to 5 yrs a/o fine
government must prove that the fleeing vehicle violated the posted speed limit at some point along its escape route. Failing to stop does not count

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any alien who

a) without a permit or license
b) ships or transports any explosive in or affecting interstate or foreign commerce
c) or receives or possesses any explosive which has been shipped or transported in or affecting interstate or foreign commerce unless the alien is
i) Lawfully Admitted for Permanent Residence; or
ii) is in lawful nonimmigrant status (or refugee/asylum status) and is a foreign LEO of a friendly foreign government entering the US for official business, or is a person with the power to direct the management and policies of a licensed business, and the shipping, transporting, possession, or receipt of explosive materials is in furtherance of the official business; or
iii) is a member of NATO or other friendly military force in US under military orders, or
iv) is lawfully present in the US in cooperation with the Director of Central Intelligence

18 USC 842(i)(5) Unlawful possession of explosives by certain aliens
-up to 10 yrs a/o fine

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whoever falsely and willfully represents himself to be a citizen of the US

18 USC 911 False claim to US citizenship

-up to 3 yrs a/o fine

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any alien who

a) is unlawfully present in the US, or
b) was admitted to the US under a nonimmigrant visa and not eligible for an exception under 18 USC 922(y)(2) (admitted to hunt or participate in a firearm sporting event; a foreign diplomat; or a foreign LEO in the US on official business), who
c) ships or transports in interstate or foreign commerce any firearm or ammunition, or
d) possesses in or affecting commerce any firearm or ammunition, or
e) receives any firearm or ammunition that has been shipped or transported in interstate or foreign commerce

18 USC 922(g)(5) Unlawful possession of firearm by alien

-up to 10 yrs a/o fine

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knowingly and willfully falsifies, conceals, or covers up a material fact, OR
makes any materially false, fictitious, or fraudulent statement or representation, OR
makes or uses any false writing or document knowing the same to contain any materially false statement or entry regarding any matter within the 3 branches of government

18 USC 1001 False official statement

-up to 5 yrs a/o fine

whoever

a) knowingly and without lawful authority produces an identification document, authentication feature, or a false ID; or
b) knowingly transfers an ID, authentication feature, or a false ID knowing that such document or feature was stolen or produced without lawful authority; or
c) knowingly possesses with intent to use unlawfully or transfer unlawfully 5 or more ID (other than those issued lawfully for the use of the possessor), authentication features, or false IDs; or
d) knowingly possesses an ID (other than those issued lawfully for the use of the possessor), authentication feature, or a false ID, with the intent such document or feature be used to defraud the US; or
e) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false ID or another document-making implement or authentication feature which will be so used; or
f) knowingly possesses an ID or authentication feature that is or appears to be an ID or authentication feature of the US, which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority; or
g) knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law, or that constitutes a felony under any applicable state or local law; or
h) knowingly traffics in false authentication features for use in false ID, document-making implements, or means of identification i) but ONLY if: a) the ID, authentication feature, or false ID is or appears to be issued by or under the authority of the US or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an ID, authentication feature, or false ID; or
b) the offense is an offense of knowing possession of an ID (other than those issued lawfully for the use of the possessor), authentication feature, or a false ID, with the intent such document or feature be used to defraud the US; or
c) either i) the production, transfer, possession or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ii) the means of identification, ID, false ID, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.

18 USC 1028 Fraud and related activity with ID documents
-1 yr up to 30 yrs based on aggravating factors (type of documents involved, the association with a drug trafficking offense, crime of violence, or act of terrorism)

whoever

a) false makes, forges, alters or counterfeits naturalization or citizenship documents; or
b) utters, sells, disposes of or uses as true or genuine such documents as evidence of naturalization or citizenship, knowing the documents to be false, forged, altered, or counterfeited; or
c) possesses with the intent to unlawfully use such documents knowing the documents to be false, forged, altered, or counterfeited; or
d) engraves or possesses, sells or brings into the US any plate designed to create such documents; or
e) brings into the US any document printed from such a plate; or
f) possesses with the intent to unlawfully use blank naturalization or citizenship documents; or
g) possesses with intent to unlawfully use distinctive paper used by printing or engraving of naturalization or citizenship documents; or
h) prints, photographs, makes or executes any print or impression in the likeness of naturalization or citizenship

18 USC 1426 Reproduction of naturalization or citizenship documents

1st or 2nd offense - up to 10 yrs a/o fine
3rd+ up to 15 yrs a/o fine
if committed to facilitate a drug trafficking offense - up to 20 yrs a/o fine
if committed to facilitate a terrorist offense - up to 25 yrs a/o fine

whoever

a) unlawfully sells or disposes of citizenship or naturalization documents (or copies)

18 USC 1427 Sale of naturalization or citizenship papers

1st or 2nd offense - up to 10 yrs a/o fine
3rd+ up to 15 yrs a/o fine
if committed to facilitate a drug trafficking offense - up to 20 yrs a/o fine
if committed to facilitate a terrorist offense - up to 25 yrs a/o fine

whoever

a) falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the passport may be used; or
b) willfully and knowingly uses, or attempts to use, or furnishes to another to 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 special event or action therein prescribed invalidating the passport

18 USC 1543 Forgery or false use of passport

1st or 2nd offense - up to 10 yrs a/o fine
3rd+ up to 15 yrs a/o fine
if committed to facilitate a drug trafficking offense - up to 20 yrs a/o fine
if committed to facilitate a terrorist offense - up to 25 yrs a/o fine

whoever

a) willfully and knowingly uses, or attempts to use, any passport issued or designed for use of another; or
b) 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
c) willfully and knowingly furnished, 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

18 USC 1544 Misuse of a passport

1st or 2nd offense - up to 10 yrs a/o fine
3rd+ up to 15 yrs a/o fine
if committed to facilitate a drug trafficking offense - up to 20 yrs a/o fine
if committed to facilitate a terrorist offense - up to 25 yrs a/o fine

whoever a) with regard to any visa, permit, BCC, alien registration receipt card, or other document prescribed by law for entry into or as evidence of authorized stay or employment in the US:

i) knowingly forges, counterfeits, alters, or falsely makes such document; or
ii) uses, attempts to use, possesses, obtains, accepts, or receives such documents knowing them to be forged, counterfeited, altered, or falsely made, or procured by fraud or unlawfully obtained; or
iii) knowingly possesses blank permits; or
iv) engraves, sells, brings into the US such documents; or
v) controls or possesses plates designed to make such documents; or
vi) makes any print, photograph, or impression of such documents; or
vii) possesses distinctive paper for the printing of such documents; or
viii) when applying for such document, uses a false identity or claims to be a deceased person or sells or offers to sell such a document; or
ix) knowingly makes a false statement under oath with respect to a material fact in any application, affidavit, or other document required by immigration laws or regulations; or
x) knowingly presents any such application, affidavit, or other document which contains any false statement
b) uses an ID knowing (or having reason to know) that the document was not issued lawfully for his or her own use or that the document is false

18 USC 1546 Fraud and misuse of visas, permits, and documents

1st or 2nd offense - up to 10 yrs a/o fine
3rd+ up to 15 yrs a/o fine
if committed to facilitate a drug trafficking offense - up to 20 yrs a/o fine
if committed to facilitate a terrorist offense - up to 25 yrs a/o fine

whoever

a) holds or returns any person
b) to a position of peonage (compelled to work for debtor until a debt is paid); or
c) arrests any person with the intent of returning that person to a condition of peonage

18 USC 1581 Peonage; obstructing enforcement

up to 20 yrs a/o fine
if death results, or if the violation includes kidnapping, attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill- life a/o fine

whoever

a) kidnaps or carries away
b) any person
c) with intent that the person kidnapped be sold into slavery or involuntary servitude, or
d) obstructs or interferes with the enforcement of this section

18 USC 1583 Enticement into slavery

up to 20 yrs a/o fine
if death results, or if the violation includes kidnapping, attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill- life a/o fine

whoever knowingly and willfully a) holds, sells, or brings into the US b) any person into a condition of involuntary servitude

18 USC 1584 Sale into involuntary servitude - up to 20 yrs a/o fine - if death results, or if the violation includes kidnapping, attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill- life a/o fine

whoever knowingly a) provides or obtains the labor of a person by b) force or threatened use of force on that person or another; or c) use of threatened use of physical restraint on that person or another; or d) physical, psychological, financial, or reputational harm that is sufficiently serious to compel a reasonable person of the same background and in the same circumstances to perform or continue to perform labor to avoid incurring that harm; or e) use or threatened use of a law in a manner for which that law was not designed in order to exert pressure on a person to engage in forced labor

18 USC 1589 Forced labor - up to 20 yrs a/o fine - if death results, or if the violation includes kidnapping, attempted kidnapping, aggravated sexual abuse, or an attempt to kill- life a/o fine

whoever knowingly a) recruits, harbors, transports, provides or obtains by any means b) any person for labor or services c) in violation of the human trafficking laws

18 USC 1590 Trafficking - up to 20 yrs a/o fine - if death results, or if the violation includes kidnapping, attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill- life a/o fine

whoever knowingly a) in affecting interstate or foreign commerce, or within the US b) recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person; or c) benefits, by receiving anything of value, from participation in sex trafficking of children or sex trafficking by force, fraud or coercion d) knowing or in reckless disregard of the fact that force, threatened use of force, fraud, or coercion will be used to cause the person to engage in a commercial sex act, or that a person under 18 yrs will be caused to engage in a commercial sex act

18 USC 1591 Sex trafficking - if force, threats or coercion were used to commit the offense, or the victim is 13 yrs or younger - 15 yrs to life a/o fine - if force, threats or coercion were not used and victim is at least 14 yrs buy not yet 18 yrs - 10 yrs to life a/o fine

whoever knowingly a) destroys, conceals, removes, confiscates or possesses any immigration document b) to prevent, or restrict or attempt to do so, without lawful authority c) the person's liberty to move or travel d) in order to maintain the labor or services of that person

18 USC 1592 Unlawful conduct with documents (trafficking) | -up to 5 yrs a/o fine

whoever takes an oath from someone authorized to administer oaths under US law and then willfully states a material matter he does not believe to be true, OR in any declaration, certificate, verification, or statement under penalty of perjury under 28 USC 1746, willfully subscribes as true a material matter he does not believe to be true

18 USC 1621 Perjury | -up to 5 yrs a/o fine

whoever procures another to commit perjury

18 USC 1622 Subornation of perjury | -up to 5 yrs a/o fine

whoever a) knowingly conducts, controls, manages, supervises, directs, or owns all or part b) of an unlicensed money transmitting business (which affects interstate or foreign commerce) -Not their money->"are you a licensed money transmitting business?"->no->federal crime

18 USC 1960 Prohibition on unlicensed money transmitting (business) -up to 5 yrs a/o $250,000 fine

a) it shall be unlawful for the master, operator, or person in charge of a vessel of the US, or a vessel subject to the jurisdiction of the US, to knowingly fail to obey an order by an authorized federal LEO to heave to (stop) that vessel, OR b) it shall be unlawful for any person on board a vessel of the US, or a vessel subject to the jurisdiction of the US, to: i) forcibly resist, oppose, prevent, impede, intimidate, or interfere with a boarding or other law enforcement action authorized by any federal law or to resist a lawful arrest; OR ii) provide materially false information to a federal LEO during a boarding of a vessel regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew

18 USC 2237 Failure to stop vessel; Obstruct boarding; Provide false information -up to 5 yrs a/o fine

a) whoever transports a vehicle, vessel, aircraft (or parts) in interstate or foreign commerce b) knowing it was stolen

18 USC 2312 Transportation of stolen vehicles | -up to 10 yrs a/o fine

whoever, without lawful authority, uses, threatens, or attempts or conspires to use a WMD against: a) a national of the US who is outside the US; or b) against any person within the US where the use affects, or the threat, attempt or conspiracy would have affected, interstate or foreign commerce; or c) against any property owned, leased, or used by the US or by any department or agency thereof; or d) against any property within the US that is owner, leased, or used by a foreign government

18 USC 2332a Weapons of mass destruction - up to life, or - if death results, death or any term up to life

whoever i) kills, kidnaps, mains, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the US; or ii) creates a substantial risk of serious bodily injury by destroying or damaging any property with the US (or by attempting or conspiring to do so) in violation of the laws of the US or any state; or iii) threatens, attempts or conspires to do with of the above (i or ii), AND iv) the conduct involves or affects one of the following: a) the mail or any facility of interstate or foreign commerce is used to help commit the offense; or b) the offense affects interstate or foreign commerce, or would have done so if it had been completed; or c) the victim or intended victim is the US government, a member of the uniformed services, or an employee or agent of any branch of the federal government; or d) the property targeted is owned, possessed or leased by the US or by any department or agency thereof; or e) the offense is committed within the territorial sea or within the special maritime or territorial jurisdiction of the US

18 USC 2332b Acts of terrorism transcending national boundaries - up to and including life a/o fine (run consecutively rather than concurrently with any other term of imprisonment); or - if death results, death or any term up to and including life

except as provided in Treasury regulations (requiring special licenses to do so), a) any USC, USN, permanent resident alien or person with the US, who b) knows or should know that a country has been designated as a supporter of international terrorism (currently Iran, Sudan, Syria), and c) engages in a financial transaction with the government of that country

18 USC 2332d Financial transaction with countries that support international terrorism -up to 10 yrs a/o fine

any person who a) knowingly possesses, makes, acquires, transfers, receives, imports, exports, uses, or possesses and threatens to use (including attempt and conspiracy) b) any rocket or missile (or parts thereof) that is guided by a system designed to shoot down aircraft, or any device to launch or guide the missile; AND c) the conduct involves or affects one of the following: - the offense occurs in or affects interstate of foreign commerce; or - the offense is committed by, or against, a national of the US outside of the US; or - the offense is committed against property owned, leased, or used by the US; or - the person aids, abets, or conspires with another person over whom the US has jurisdiction

18 USC 2332g Missile system designed to destroy aircraft | -minimum 25 yrs up to life and fine of not more than $2 million

any person who a) knowingly possesses, makes, acquires, transfers, receives, imports, exports, uses, or possesses and threatens to use (including attempt and conspiracy) b) any weapon or other object designed or intended to release radiation in levels harmful to human life; AND c) the conduct involves or affects one of the following: - the offense occurs in or affects interstate of foreign commerce; or - the offense is committed by, or against, a national of the US outside of the US; or - the offense is committed against property owned, leased, or used by the US; or - the person aids, abets, or conspires with another person over whom the US has jurisdiction

18 USC 2332h Radiological dispersal devices | -minimum 25 yrs up to life and fine of not more than $2 million