US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC3559]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                         CHAPTER 227--SENTENCES
 
                    SUBCHAPTER A--GENERAL PROVISIONS
 
Sec. 3559. Sentencing classification of offenses

    (a) Classification.--An offense that is not specifically classified 
by a letter grade in the section defining it, is classified if the 
maximum term of imprisonment authorized is--
        (1) life imprisonment, or if the maximum penalty is death, as a 
    Class A felony;
        (2) twenty-five years or more, as a Class B felony;
        (3) less than twenty-five years but ten or more years, as a 
    Class C felony;
        (4) less than ten years but five or more years, as a Class D 
    felony;
        (5) less than five years but more than one year, as a Class E 
    felony;
        (6) one year or less but more than six months, as a Class A 
    misdemeanor;
        (7) six months or less but more than thirty days, as a Class B 
    misdemeanor;
        (8) thirty days or less but more than five days, as a Class C 
    misdemeanor; or
        (9) five days or less, or if no imprisonment is authorized, as 
    an infraction.

    (b) Effect of Classification.--Except as provided in subsection (c), 
an offense classified under subsection (a) carries all the incidents 
assigned to the applicable letter designation, except that the maximum 
term of imprisonment is the term authorized by the law describing the 
offense.
    (c) Imprisonment of Certain Violent Felons.--
        (1) Mandatory life imprisonment.--Notwithstanding any other 
    provision of law, a person who is convicted in a court of the United 
    States of a serious violent felony shall be sentenced to life 
    imprisonment if--
            (A) the person has been convicted (and those convictions 
        have become final) on separate prior occasions in a court of the 
        United States or of a State of--
                (i) 2 or more serious violent felonies; or
                (ii) one or more serious violent felonies and one or 
            more serious drug offenses; and

            (B) each serious violent felony or serious drug offense used 
        as a basis for sentencing under this subsection, other than the 
        first, was committed after the defendant's conviction of the 
        preceding serious violent felony or serious drug offense.

        (2) Definitions.--For purposes of this subsection--
            (A) the term ``assault with intent to commit rape'' means an 
        offense that has as its elements engaging in physical contact 
        with another person or using or brandishing a weapon against 
        another person with intent to commit aggravated sexual abuse or 
        sexual abuse (as described in sections 2241 and 2242);
            (B) the term ``arson'' means an offense that has as its 
        elements maliciously damaging or destroying any building, 
        inhabited structure, vehicle, vessel, or real property by means 
        of fire or an explosive;
            (C) the term ``extortion'' means an offense that has as its 
        elements the extraction of anything of value from another person 
        by threatening or placing that person in fear of injury to any 
        person or kidnapping of any person;
            (D) the term ``firearms use'' means an offense that has as 
        its elements those described in section 924(c) or 929(a), if the 
        firearm was brandished, discharged, or otherwise used as a 
        weapon and the crime of violence or drug trafficking crime 
        during and relation to which the firearm was used was subject to 
        prosecution in a court of the United States or a court of a 
        State, or both;
            (E) the term ``kidnapping'' means an offense that has as its 
        elements the abduction, restraining, confining, or carrying away 
        of another person by force or threat of force;
            (F) the term ``serious violent felony'' means--
                (i) a Federal or State offense, by whatever designation 
            and wherever committed, consisting of murder (as described 
            in section 1111); manslaughter other than involuntary 
            manslaughter (as described in section 1112); assault with 
            intent to commit murder (as described in section 113(a)); 
            assault with intent to commit rape; aggravated sexual abuse 
            and sexual abuse (as described in sections 2241 and 2242); 
            abusive sexual contact (as described in sections 2244(a)(1) 
            and (a)(2)); kidnapping; aircraft piracy (as described in 
            section 46502 of Title 49); robbery (as described in section 
            2111, 2113, or 2118); carjacking (as described in section 
            2119); extortion; arson; firearms use; firearms possession 
            (as described in section 924(c)); or attempt, conspiracy, or 
            solicitation to commit any of the above offenses; and
                (ii) any other offense punishable by a maximum term of 
            imprisonment of 10 years or more that has as an element the 
            use, attempted use, or threatened use of physical force 
            against the person of another or that, by its nature, 
            involves a substantial risk that physical force against the 
            person of another may be used in the course of committing 
            the offense;

            (G) the term ``State'' means a State of the United States, 
        the District of Columbia, and a commonwealth, territory, or 
        possession of the United States; and
            (H) the term ``serious drug offense'' means--
                (i) an offense that is punishable under section 
            401(b)(1)(A) or 408 of the Controlled Substances Act (21 
            U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the 
            Controlled Substances Import and Export Act (21 U.S.C. 
            960(b)(1)(A)); or
                (ii) an offense under State law that, had the offense 
            been prosecuted in a court of the United States, would have 
            been punishable under section 401(b)(1)(A) or 408 of the 
            Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or 
            section 1010(b)(1)(A) of the Controlled Substances Import 
            and Export Act (21 U.S.C. 960(b)(1)(A)).

        (3) Nonqualifying felonies.--
            (A) Robbery in certain cases.--Robbery, an attempt, 
        conspiracy, or solicitation to commit robbery; or an offense 
        described in paragraph (2)(F)(ii) shall not serve as a basis for 
        sentencing under this subsection if the defendant establishes by 
        clear and convincing evidence that--
                (i) no firearm or other dangerous weapon was used in the 
            offense and no threat of use of a firearm or other dangerous 
            weapon was involved in the offense; and
                (ii) the offense did not result in death or serious 
            bodily injury (as defined in section 1365) to any person.

            (B) Arson in certain cases.--Arson shall not serve as a 
        basis for sentencing under this subsection if the defendant 
        establishes by clear and convincing evidence that--
                (i) the offense posed no threat to human life; and
                (ii) the defendant reasonably believed the offense posed 
            no threat to human life.

        (4) Information filed by united states attorney.--The provisions 
    of section 411(a) of the Controlled Substances Act (21 U.S.C. 
    851(a)) shall apply to the imposition of sentence under this 
    subsection.
        (5) Rule of construction.--This subsection shall not be 
    construed to preclude imposition of the death penalty.
        (6) Special provision for indian country.--No person subject to 
    the criminal jurisdiction of an Indian tribal government shall be 
    subject to this subsection for any offense for which Federal 
    jurisdiction is solely predicated on Indian country (as defined in 
    section 1151) and which occurs within the boundaries of such Indian 
    country unless the governing body of the tribe has elected that this 
    subsection have effect over land and persons subject to the criminal 
    jurisdiction of the tribe.
        (7) Resentencing upon overturning of prior conviction.--If the 
    conviction for a serious violent felony or serious drug offense that 
    was a basis for sentencing under this subsection is found, pursuant 
    to any appropriate State or Federal procedure, to be 
    unconstitutional or is vitiated on the explicit basis of innocence, 
    or if the convicted person is pardoned on the explicit basis of 
    innocence, the person serving a sentence imposed under this 
    subsection shall be resentenced to any sentence that was available 
    at the time of the original sentencing.

    (d) Death or Imprisonment for Crimes Against Children.--
        (1) In general.--Subject to paragraph (2) and notwithstanding 
    any other provision of law, a person who is convicted of a Federal 
    offense that is a serious violent felony (as defined in subsection 
    (c)) or a violation of section 2422, 2423, or 2251 shall, unless the 
    sentence of death is imposed, be sentenced to imprisonment for life, 
    if--
            (A) the victim of the offense has not attained the age of 14 
        years;
            (B) the victim dies as a result of the offense; and
            (C) the defendant, in the course of the offense, engages in 
        conduct described in section 3591(a)(2).

        (2) Exception.--With respect to a person convicted of a Federal 
    offense described in paragraph (1), the court may impose any lesser 
    sentence that is authorized by law to take into account any 
    substantial assistance provided by the defendant in the 
    investigation or prosecution of another person who has committed an 
    offense, in accordance with the Federal Sentencing Guidelines and 
    the policy statements of the Federal Sentencing Commission pursuant 
    to section 994(p) of title 28, or for other good cause.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
1991; amended Pub. L. 100-185, Sec. 5, Dec. 11, 1987, 101 Stat. 1279; 
Pub. L. 100-690, title VII, Sec. 7041, Nov. 18, 1988, 102 Stat. 4399; 
Pub. L. 103-322, title VII, Sec. 70001, Sept. 13, 1994, 108 Stat. 1982; 
Pub. L. 105-314, title V, Sec. 501, Oct. 30, 1998, 112 Stat. 2980; Pub. 
L. 105-386, Sec. 1(b), Nov. 13, 1998, 112 Stat. 3470.)


                               Amendments

    1998--Subsec. (c)(2)(F)(i). Pub. L. 105-386 inserted ``firearms 
possession (as described in section 924(c));'' after ``firearms use;''.
    Subsec. (d). Pub. L. 105-314 added subsec. (d).
    1994--Subsec. (b). Pub. L. 103-322, Sec. 70001(1), substituted 
``Except as provided in subsection (c), an'' for ``An''.
    Subsec. (c). Pub. L. 103-322, Sec. 70001(2), added subsec. (c).
    1988--Subsec. (a). Pub. L. 100-690, Sec. 7041(a)(1), substituted 
``classified if the maximum term of imprisonment authorized is--'' for 
``classified--
        ``(1) if the maximum term of imprisonment authorized is--''.
    Subsec. (a)(1) to (9). Pub. L. 100-690, Sec. 7041(a)(2), (b), 
redesignated subpars. (A) to (I) as pars. (1) to (9), respectively, and 
substituted ``twenty-five'' for ``twenty'' in pars. (2) and (3).
    1987--Subsec. (b). Pub. L. 100-185 substituted ``, except that the 
maximum term of imprisonment is the term authorized by the law 
describing the offense.'' for ``except that:
        ``(1) the maximum fine that may be imposed is the fine 
    authorized by the statute describing the offense, or by this 
    chapter, whichever is the greater; and
        ``(2) the maximum term of imprisonment is the term authorized by 
    the statute describing the offense.''


                             Effective Date

    Section effective Nov. 1, 1987, and applicable only to offenses 
committed after the taking effect of this section, see section 235(a)(1) 
of Pub. L. 98-473, set out as a note under section 3551 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3154, 3582 of this title; 
title 10 section 1132; title 42 section 14135a; title 49 section 46502.