2012 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 47 - FRAUD AND FALSE STATEMENTS (§§ 1001 - 1040)
Section 1001 - Statements or entries generally
Publication Title | United States Code, 2012 Edition, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS Sec. 1001 - Statements or entries generally |
Contains | section 1001 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Short Titles | Identity Theft Penalty Enhancement Act.</p> Secure Authentication Feature and Enhanced Identification Defense Act of 2003 or SAFE ID Act.</p> Internet False Identification Prevention Act of 2000.</p> Identity Theft and Assumption Deterrence Act of 1998.</p> Wireless Telephone Protection Act.</p> False Statements Accountability Act of 1996.</p> Computer Abuse Amendments Act of 1994.</p> Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990.</p> Major Fraud Act Amendments of 1989.</p> Major Fraud Act of 1988.</p> Computer Fraud and Abuse Act of 1986.</p> Credit Card Fraud Act of 1984.</p> Counterfeit Access Device and Computer Fraud and Abuse Act of 1984.</p> False Identification Crime Control Act of 1982.</p> |
Source Credit | June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-292, §2, Oct. 11, 1996, 110 Stat. 3459; Pub. L. 108-458, title VI, §6703(a), Dec. 17, 2004, 118 Stat. 3766; Pub. L. 109-248, title I, §141(c), July 27, 2006, 120 Stat. 603. |
Statutes at Large References | 35 Stat. 1095 40 Stat. 1015 48 Stat. 996 52 Stat. 197 62 Stat. 749 96 Stat. 2009 98 Stat. 2183, 2190 100 Stat. 1213 102 Stat. 4631 103 Stat. 759 104 Stat. 4859 108 Stat. 2147, 2097 110 Stat. 3459, 3508 112 Stat. 53, 3007 114 Stat. 3075 117 Stat. 689 118 Stat. 3766, 831 120 Stat. 603 |
Public Law References | Public Law 95-521, Public Law 97-398, Public Law 98-473, Public Law 99-474, Public Law 100-700, Public Law 101-123, Public Law 101-647, Public Law 101-650, Public Law 103-322, Public Law 104-292, Public Law 104-294, Public Law 105-172, Public Law 105-318, Public Law 106-578, Public Law 108-21, Public Law 108-275, Public Law 108-458, Public Law 109-248 |
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(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.
(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103–322, title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–292, §2, Oct. 11, 1996, 110 Stat. 3459; Pub. L. 108–458, title VI, §6703(a), Dec. 17, 2004, 118 Stat. 3766; Pub. L. 109–248, title I, §141(c), July 27, 2006, 120 Stat. 603.)
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §80 (Mar. 4, 1909, ch. 321, §35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197).
Section 80 of title 18, U.S.C., 1940 ed., was divided into two parts.
The provision relating to false claims was incorporated in section 287 of this title.
Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.
Words “or any corporation in which the United States of America is a stockholder” in said section 80 were omitted as unnecessary in view of definition of “agency” in section 6 of this title.
In addition to minor changes of phraseology, the maximum term of imprisonment was changed from 10 to 5 years to be consistent with comparable sections. (See reviser's note under section 287 of this title.)
Amendments2006—Subsec. (a). Pub. L. 109–248 inserted last sentence in concluding provisions.
2004—Subsec. (a). Pub. L. 108–458 substituted “be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both” for “be fined under this title or imprisoned not more than 5 years, or both” in concluding provisions.
1996—Pub. L. 104–292 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both.”
1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
Change of NameReference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Short Title of 2004 AmendmentPub. L. 108–275, §1, July 15, 2004, 118 Stat. 831, provided that: “This Act [enacting section 1028A of this title, amending sections 641 and 1028 of this title, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Identity Theft Penalty Enhancement Act’.”
Short Title of 2003 AmendmentPub. L. 108–21, title VI, §607(a), Apr. 30, 2003, 117 Stat. 689, provided that: “This section [amending section 1028 of this title] may be cited as the ‘Secure Authentication Feature and Enhanced Identification Defense Act of 2003’ or ‘SAFE ID Act’.”
Short Title of 2000 AmendmentPub. L. 106–578, §1, Dec. 28, 2000, 114 Stat. 3075, provided that: “This Act [amending section 1028 of this title, repealing section 1738 of this title, and enacting provisions set out as notes under section 1028 of this title] may be cited as the ‘Internet False Identification Prevention Act of 2000’.”
Short Title of 1998 AmendmentsPub. L. 105–318, §1, Oct. 30, 1998, 112 Stat. 3007, provided that: “This Act [amending sections 982, 1028, and 2516 of this title and section 105 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 1028 of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Identity Theft and Assumption Deterrence Act of 1998’.”
Pub. L. 105–172, §1, Apr. 24, 1998, 112 Stat. 53, provided that: “This Act [amending section 1029 of this title and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Wireless Telephone Protection Act’.”
Short Title of 1996 AmendmentPub. L. 104–292, §1, Oct. 11, 1996, 110 Stat. 3459, provided that: “This Act [amending this section, sections 1515 and 6005 of this title, and section 1365 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘False Statements Accountability Act of 1996’.”
Short Title of 1994 AmendmentPub. L. 103–322, title XXIX, §290001(a), Sept. 13, 1994, 108 Stat. 2097, as amended by Pub. L. 104–294, title VI, §604(b)(34), Oct. 11, 1996, 110 Stat. 3508, provided that: “This section [amending section 1030 of this title] may be cited as the ‘Computer Abuse Amendments Act of 1994’.”
Short Title of 1990 AmendmentPub. L. 101–647, title XXV, §2500, Nov. 29, 1990, 104 Stat. 4859, provided that: “This title [see Tables for classification] may be cited as the ‘Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990’.”
Short Title of 1989 AmendmentPub. L. 101–123, §1, Oct. 23, 1989, 103 Stat. 759, provided that: “This Act [amending section 1031 of this title, repealing section 293 of this title, enacting provisions set out as notes under sections 293 and 1031 of this title, and repealing provisions set out as a note under section 293 of this title] may be cited as the ‘Major Fraud Act Amendments of 1989’.”
Short Title of 1988 AmendmentPub. L. 100–700, §1, Nov. 19, 1988, 102 Stat. 4631, provided that: “This Act [enacting sections 293 and 1031 of this title and section 256 of Title 41, Public Contracts, amending section 2324 of Title 10, Armed Forces, and section 3730 of Title 31, Money and Finance, enacting provisions set out as notes under sections 293 and 1031 of this title, section 2324 of Title 10, and section 522 of Title 28, Judiciary and Judicial Procedure, and repealing provisions set out as a note under section 2324 of Title 10] may be cited as the ‘Major Fraud Act of 1988’.”
Short Title of 1986 AmendmentPub. L. 99–474, §1, Oct. 16, 1986, 100 Stat. 1213, provided that: “This Act [amending section 1030 of this title] may be cited as the ‘Computer Fraud and Abuse Act of 1986’.”
Short Title of 1984 AmendmentPub. L. 98–473, title II, §1601, Oct. 12, 1984, 98 Stat. 2183, provided that: “This chapter [chapter XVI (§§1601–1603) of title II of Pub. L. 98–473, enacting section 1029 of this title and provisions set out as a note under section 1029 of this title] may be cited as the ‘Credit Card Fraud Act of 1984’.”
Pub. L. 98–473, title II, §2101, Oct. 12, 1984, 98 Stat. 2190, provided that: “This chapter [chapter XXI (§§2101–2103) of title II of Pub. L. 98–473, enacting section 1030 of this title and provisions set out as a note under section 1030 of this title] may be cited as the ‘Counterfeit Access Device and Computer Fraud and Abuse Act of 1984’.”
Short Title of 1982 AmendmentPub. L. 97–398, §1, Dec. 31, 1982, 96 Stat. 2009, provided: “That this Act [enacting sections 1028 and 1738 of this title and amending section 3001 of Title 39, Postal Service] may be cited as the ‘False Identification Crime Control Act of 1982’.”
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