H.R.1823

Criminal Code Modernization and Simplification Act of 2011 (Introduced in House - IH)

HR 1823 IH

112th CONGRESS

1st Session

H. R. 1823

To modernize, shorten, and simplify the Federal criminal code, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 10, 2011

Mr. SENSENBRENNER introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To modernize, shorten, and simplify the Federal criminal code, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. REVISION OF PART I OF TITLE 18, UNITED STATES CODE.

`PART I--GENERAL PROVISIONS AND OFFENSES

1

2

21

101

201

261

401

501

571

641

771

851

991

1251

1301

1371

1481

2501

`CHAPTER 1--DEFINITIONS

`Sec. 1. Definitions for title

`CHAPTER 3--CRIMINAL RESPONSIBILITY

`Sec. 2. Principals

`Sec. 3. Accessory after the fact

`Sec. 4. Misprision of felony

`Sec. 5. Conspiracy

`Sec. 6. Attempt

`Sec. 7. Solicitation to commit a crime of violence

`CHAPTER 5--OTHER GENERAL PROVISIONS

`SUBCHAPTER A--DEFENSES

`Sec. 21. Affirmative defenses

`Sec. 22. Insanity defense

`SUBCHAPTER B--GENERAL RULES PERTAINING TO CRIMINAL OFFENSES

`Sec. 31. Non-preemption

`Sec. 32. Extraterritorial jurisdiction over derivative offenses

`CHAPTER 10--VIOLENT CRIMES AGAINST PERSONS

`SUBCHAPTER A--HOMICIDE

`Sec. 101. Homicide

`Sec. 102. Federally punishable homicides

`Sec. 103. Penalties for murders punishable under section 102; attempts

`Sec. 104. Penalties for manslaughters punishable under section 102; attempts

`Sec. 105. Misconduct or neglect of ship officers

`SUBCHAPTER B--ASSAULT AND RELATED OFFENSES

`Sec. 111. Assault

`Sec. 112. Individuals federally protected from assault

`Sec. 113. Interference with Federal officers and employees

`Sec. 114. Domestic assault by an habitual offender

`SUBCHAPTER C--KIDNAPPING

`Sec. 121. Kidnapping

`Sec. 122. Ransom money

`Sec. 123. Hostage taking

`Sec. 124. International parental kidnapping

`SUBCHAPTER D--THREATS AGAINST SPECIALLY PROTECTED PERSONS

`Sec. 131. Threats against officers or employees of the United States, and other specially protected persons

`SUBCHAPTER E--DEFINITIONS AND GENERAL PROVISIONS FOR SUBCHAPTERS A THROUGH D

`Sec. 136. Definitions for subchapters A through D

`Sec. 137. Special rules relating to offenses against certain types of victims

`SUBCHAPTER F--ROBBERY, EXTORTION, AND RELATED THREATS

`Sec. 141. Robbery in special maritime and territorial jurisdiction

`Sec. 142. Robbery of personal property of United States

`Sec. 143. Bank robbery and incidental crimes

`Sec. 144. Communication of ransom demands and other threatening communications in or affecting commerce

`Sec. 145. Extortion by officers or employees of the United States

`Sec. 146. Receiving the proceeds of extortion

`SUBCHAPTER G--EXTORTIONATE CREDIT TRANSACTIONS

`Sec. 155. Making extortionate extensions of credit

`Sec. 156. Financing extortionate extensions of credit

`Sec. 157. Collection of extensions of credit by extortionate means

`Sec. 158. Definitions and rules of construction

`SUBCHAPTER H--DOMESTIC VIOLENCE

`Sec. 161. Interstate domestic violence; interstate stalking; interstate violations of custody orders

`Sec. 162. Pretrial release of defendant

`Sec. 163. Full faith and credit given to protection orders

`Sec. 164. Definitions

`Sec. 165. Repeat offenders

`SUBCHAPTER I--PROTECTION OF UNBORN CHILDREN

`Sec. 171. Protection of unborn children

`Sec. 172. Partial-birth abortions prohibited

`CHAPTER 13--SEX CRIMES

`SUBCHAPTER A--SEXUAL ABUSE

`Sec. 201. Sexual abuse

`Sec. 202. Abusive sexual contact

`Sec. 203. Special rules and defenses

`Sec. 204. Sexual abuse resulting in death

`Sec. 205. Definitions for subchapter

`SUBCHAPTER B--TRANSPORT FOR ILLEGAL SEXUAL ACTIVITY

`Sec. 211. Transportation generally

`Sec. 212. Coercion and enticement

`Sec. 213. Transportation of minors

`Sec. 214. Use of interstate facilities to transmit information about a minor

`SUBCHAPTER C--SEXUAL EXPLOITATION OF CHILDREN

`Sec. 221. Sexual exploitation of children

`Sec. 222. Selling or buying of children

`Sec. 223. Certain activities relating to material involving the sexual exploitation of minors and child pornography

`Sec. 224. Misleading domain names on the Internet

`Sec. 225. Definitions for subchapter

`Sec. 226. Record keeping requirements

`Sec. 227. Failure to report child abuse

`SUBCHAPTER D--SEX OFFENDER REGISTRY

`Sec. 241. Failure to register

`SUBCHAPTER E--GENERAL PROVISIONS AND DEFINITIONS

`Sec. 255. Repeat offenders

`Sec. 256. Civil remedy for personal injuries

`CHAPTER 15--NATIONAL SECURITY AND RELATED CRIMES

`SUBCHAPTER A--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

`Sec. 261. Treason

`Sec. 262. Misprision of treason

`Sec. 263. Rebellion or insurrection

`Sec. 264. Seditious conspiracy

`Sec. 265. Advocating overthrow of Government

`SUBCHAPTER B--TERRORISM

`Sec. 271. Weapons of mass destruction, and explosives and other lethal devices

`Sec. 272. Atomic weapons

`Sec. 273. Acts of terrorism transcending national boundaries

`Sec. 274. Financial transactions

`Sec. 275. Missile systems designed to destroy aircraft

`Sec. 276. Radiological dispersal devices

`Sec. 277. Harboring or concealing terrorists

`Sec. 278. Providing material support to terrorists

`Sec. 279. Providing material support or resources to designated foreign terrorist organizations

`Sec. 280. Prohibitions against the financing of terrorism

`Sec. 281. Receiving military-type training from a foreign terrorist organization

`Sec. 282. Civil remedies

`Sec. 283. Definitions for subchapter

`SUBCHAPTER C--MILITARY AND NAVY

`Sec. 291. Entering military, naval, or Coast Guard property

`Sec. 292. Use of army and Air Force as posse comitatus

`Sec. 293. Disruptions of funerals of members or former members of the Armed Forces

`Sec. 294. Demonstrations at cemeteries under the control of the national cemetery administration and at Arlington National Cemetery

`Sec. 295. Prohibition on attacks on United States servicemen on account of service

`SUBCHAPTER D--CIVIL DISORDERS AND RIOTS

`Sec. 296. Civil disorders

`SUBCHAPTER E--ESPIONAGE AND CENSORSHIP

`Sec. 301. General provisions for subchapter

`Sec. 302. Gathering or transmitting defense information

`Sec. 303. Losing defense information

`Sec. 304. Disclosure of classified and other similarly protected information

`SUBCHAPTER F--IMMIGRATION AND NATIONALITY

`Sec. 311. False statement in application and use of passport

`Sec. 312. Forgery or false use of passport

`Sec. 313. Misuse of passport

`Sec. 314. Fraud and misuse of visas, permits, and other documents

`Sec. 315. Procurement of citizenship or naturalization unlawfully

`Sec. 316. Sale of naturalization or citizenship papers

`Sec. 317. Penalties related to removal

`Sec. 318. Bringing in and harboring certain aliens

`Sec. 319. Entry of alien at improper time or place; misrepresentation and concealment of facts

`Sec. 320. Reentry of removed alien

`Sec. 321. Aiding or assisting certain aliens to enter the United States

`Sec. 322. Increased penalty for certain terrorism related offenses

`CHAPTER 17--DRUG CRIMES

`Sec. 401. Definitions for chapter

`Sec. 402. Basic offenses

`Sec. 403. Basic punishment structure

`Sec. 404. Offenses involving protected persons

`Sec. 405. Enhancement for offenses involving protected places

`Sec. 406. Maintaining drug-involved premises

`Sec. 407. Distribution in or near schools

`Sec. 408. Listed chemicals

`Sec. 409. Domestic regulatory offenses

`Sec. 410. Additional domestic regulatory offenses

`Sec. 411. Penalty for simple possession

`Sec. 412. Civil penalty for possession of small amounts of certain controlled substances

`Sec. 413. Continuing criminal enterprise

`Sec. 414. Drug paraphernalia

`Sec. 415. Proceedings to establish prior convictions

`Sec. 416. Anhydrous ammonia

`Sec. 417. Controlled substances import and export listed chemical offenses

`Sec. 418. Prohibited Acts related to foreign terrorist organizations or terrorist persons and groups

`Sec. 419. Offenses involving the Internet

`CHAPTER 19--ORGANIZED CRIME

`SUBCHAPTER A--RACKETEERING

`Sec. 501. Interference with commerce by threats or violence

`Sec. 502. Interstate and foreign travel or transportation in aid of racketeering enterprises

`Sec. 503. Interstate transportation of wagering paraphernalia

`Sec. 504. Offer, acceptance, or solicitation to influence operations of employee benefit plan

`Sec. 505. Prohibition of illegal gambling businesses

`Sec. 506. Use of interstate commerce facilities in the Commission of murder-for-hire

`Sec. 507. Violent crimes in aid of racketeering activity

`Sec. 508. Prohibition of unlicensed money transmitting businesses

`SUBCHAPTER B--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

`Sec. 511. Definitions

`Sec. 512. Prohibited activities

`Sec. 513. Criminal penalties

`Sec. 514. Civil remedies

`Sec. 515. Venue and process

`Sec. 516. Expedition of actions

`Sec. 517. Evidence

`Sec. 518. Civil investigative demand

`SUBCHAPTER C--CRIMINAL STREET GANGS

`Sec. 521. Criminal street gangs

`CHAPTER 21--ARSON, FIREARMS, EXPLOSIVES, AND WEAPONS CRIMES

`SUBCHAPTER A--ARSON

`Sec. 571. Arson within special maritime and territorial jurisdiction

`SUBCHAPTER B--FIREARMS

`Sec. 581. Definitions

`Sec. 582. Unlawful Acts

`Sec. 583. Licensing

`Sec. 584. Penalties

`Sec. 585. Exceptions: relief from disabilities

`Sec. 586. Remedy for erroneous denial of firearm

`Sec. 587. Rules and regulations

`Sec. 588. Interstate transportation of firearms

`Sec. 589. Carrying of concealed firearms by qualified law enforcement officers

`Sec. 590. Carrying of concealed firearms by qualified retired law enforcement officers

`Sec. 591. Use of restricted ammunition

`Sec. 592. Possession of firearms and dangerous weapons in Federal facilities

`Sec. 593. Prohibition on purchase, ownership, or possession of body armor by violent felons

`SUBCHAPTER C--EXPLOSIVES

`Sec. 601. Prohibited transactions involving nuclear materials

`SUBCHAPTER D--IMPORTATION, MANUFACTURE, DISTRIBUTION, AND STORAGE OF EXPLOSIVE MATERIALS

`Sec. 611. Definitions

`Sec. 612. Unlawful Acts

`Sec. 613. Licenses and user permits

`Sec. 614. Penalties

`Sec. 615. Exceptions; relief from disabilities

`Sec. 616. Additional powers of the Attorney General

`Sec. 617. Rules and regulations

`SUBCHAPTER E--BIOLOGICAL WEAPONS

`Sec. 621. Prohibitions with respect to biological weapons

`Sec. 622. Requests for military assistance to enforce prohibition in certain emergencies

`Sec. 623. Possession by restricted persons

`Sec. 624. Variola virus

`Sec. 625. Seizure, forfeiture, and destruction

`Sec. 626. Injunctions

`Sec. 627. Definitions

`SUBCHAPTER F--CHEMICAL WEAPONS

`Sec. 631. Prohibited activities

`Sec. 632. Penalties

`Sec. 633. Individual self-defense devices

`Sec. 634. Injunctions

`Sec. 635. Requests for military assistance to enforce prohibition in certain emergencies

`Sec. 636. Definitions

`CHAPTER 23--THEFT AND RELATED CRIMES

`SUBCHAPTER A--EMBEZZLEMENT AND THEFT

`Sec. 641. Public money, property or records

`Sec. 642. Accounting generally for public money

`Sec. 643. Officer or employee of United States converting property of another

`Sec. 644. Theft, embezzlement, or misapplication by bank officer or employee

`Sec. 645. Lending, credit, and insurance institutions

`Sec. 646. Property mortgaged or pledged to farm credit agencies

`Sec. 647. Interstate or foreign shipments by carrier

`Sec. 648. Carrier's funds derived from commerce

`Sec. 649. Within special maritime and territorial jurisdiction

`Sec. 650. Receiving stolen property within special maritime and territorial jurisdiction

`Sec. 651. Theft or embezzlement from employee benefit plan

`Sec. 652. Theft or embezzlement from employment and training funds; improper inducement

`Sec. 653. Theft or bribery concerning programs receiving Federal funds

`Sec. 654. Theft of major artwork

`Sec. 655. Theft or embezzlement in connection with health care

`Sec. 656. Embezzlement of labor organization assets

`SUBCHAPTER B--STOLEN PROPERTY

`Sec. 670. Definitions for subchapter

`Sec. 671. Transportation of stolen vehicles

`Sec. 672. Sale or receipt of stolen vehicles

`Sec. 673. Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting

`Sec. 674. Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps

`Sec. 675. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging

`Sec. 676. Criminal infringement of a copyright

`Sec. 677. Copyright infringement

`Sec. 678. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances

`Sec. 679. Unauthorized recording of motion pictures in a motion picture exhibition facility

`Sec. 680. Trafficking in counterfeit goods or services

`Sec. 681. Trafficking in certain motor vehicles or motor vehicle parts

`Sec. 682. Chop shops

`SUBCHAPTER C--COUNTERFEITING AND FORGERY

`Sec. 691. Counterfeit Acts committed outside the United States

`Sec. 692. Obligations or securities of United States

`Sec. 693. Uttering counterfeit obligations or securities

`Sec. 694. Dealing in counterfeit obligations or securities

`Sec. 695. Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or securities

`Sec. 696. Deterrents to counterfeiting of obligations and securities

`Sec. 697. Taking impressions of tools used for obligations or securities

`Sec. 698. Possessing or selling impressions of tools used for obligations or securities

`Sec. 699. Foreign obligations or securities

`Sec. 700. Uttering counterfeit foreign obligations or securities

`Sec. 701. Possessing counterfeit foreign obligations or securities

`Sec. 702. Plates, stones, or analog, digital, or electronic images for counterfeiting foreign obligations or securities

`Sec. 703. Uttering counterfeit foreign bank notes

`Sec. 704. Connecting parts of different notes

`Sec. 705. Tokens or paper used as money

`Sec. 706. Forfeiture of counterfeit paraphernalia

`Sec. 707. Bonds and obligations of certain lending agencies

`Sec. 708. Contracts, deeds, and powers of attorney

`Sec. 709. Military or naval discharge certificates

`Sec. 710. Military, naval, or official passes

`Sec. 711. Money orders

`Sec. 712. Postage stamps, postage meter stamps, and postal cards

`Sec. 713. Printing and filming of United States and foreign obligations and securities

`Sec. 714. Seals of courts; signatures of judges or Court officers

`Sec. 715. Seals of departments or agencies

`Sec. 716. Forging endorsements on Treasury checks or bonds or securities of the United States

`Sec. 717. Altering or removing motor vehicle identification numbers

`Sec. 718. Securities of the States and private entities

`Sec. 719. Fictitious obligations

`CHAPTER 25--FRAUD AND FALSE STATEMENT CRIMES

`SUBCHAPTER A--FRAUD AND FALSE STATEMENTS

`Sec. 771. Definitions

`Sec. 772. Statements or entries generally

`Sec. 773. Bank entries, reports and transactions

`Sec. 774. Federal credit institution entries, reports, and transactions

`Sec. 775. Federal Deposit Insurance Corporation transactions

`Sec. 776. Department of Housing and Urban Development and Federal Housing Administration transactions

`Sec. 777. Department of Housing and Urban Development transactions

`Sec. 778. Farm loan bonds and credit bank debentures

`Sec. 779. Loan and credit applications generally; renewals and discounts; crop insurance

`Sec. 780. Naturalization, citizenship, or alien registry

`Sec. 781. Highway projects

`Sec. 782. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974

`Sec. 783. Fraud and related activity in connection with identification documents, authentication features, and information

`Sec. 784. Aggravated identity theft

`Sec. 785. Fraudulent use of credit card

`Sec. 786. Fraud and related activity in connection with access devices

`Sec. 787. Fraud and related activity in connection with computers

`Sec. 788. Major fraud against the United States

`Sec. 789. Concealment of assets from conservator, receiver, or liquidating agent

`Sec. 790. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce

`Sec. 791. Civil penalties and injunctions for violations of Section 790

`Sec. 792. False statements relating to health care matters

`Sec. 793. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport

`Sec. 794. Fraud and related activity in connection with electronic mail

`Sec. 795. False information and hoaxes

`Sec. 796. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity

`SUBCHAPTER B--MAIL FRAUD

`Sec. 801. Frauds and swindles

`Sec. 802. Fictitious name or address

`Sec. 803. Fraud by wire, radio, or television

`Sec. 804. Bank fraud

`Sec. 805. Definition of `scheme or artifice to defraud'

`Sec. 806. Health care fraud

`Sec. 807. Securities and commodities fraud

`Sec. 808. Failure of corporate officers to certify financial reports

`CHAPTER 27--CRIMES RELATED TO FEDERAL GOVERNMENT RESPONSIBILITIES

`SUBCHAPTER A--COINS AND CURRENCY

`Sec. 851. Mutilation, diminution, and falsification of coins

`Sec. 852. Mutilation of national bank obligations

`SUBCHAPTER B--CUSTOMS

`Sec. 861. Entry of goods falsely classified

`Sec. 862. Entry of goods by means of false statements

`Sec. 863. Smuggling goods into the United States

`Sec. 864. Smuggling goods into foreign countries

`Sec. 865. Removing goods from Customs custody; breaking seals

`Sec. 866. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft

`Sec. 867. Smuggling goods from the United States

`Sec. 868. Border tunnels and passages

`SUBCHAPTER C--INDIANS

`Sec. 871. Indian country defined

`Sec. 872. Laws governing

`Sec. 873. Offenses committed within Indian country

`Sec. 874. State jurisdiction over offenses committed by or against Indians in the Indian country

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