Title 18 Flashcards
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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