2017 US Code
Title 18 - Crimes and Criminal Procedure
Part II - Criminal Procedure
Chapter 207 - Release and Detention Pending Judicial Proceedings
Sec. 3156 - Definitions

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Citation 18 U.S.C. § 3156 (2017)
Section Name §3156. Definitions
Section Text

(a) As used in sections 3141–3150 of this chapter—

(1) the term "judicial officer" means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sentencing or pending appeal in a court of the United States, and any judge of the Superior Court of the District of Columbia;

(2) the term "offense" means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress;

(3) the term "felony" means an offense punishable by a maximum term of imprisonment of more than one year;

(4) the term "crime of violence" means—

(A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another;

(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or

(C) any felony under chapter 77, 109A, 110, or 117; and


(5) the term "State" includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.


(b) As used in sections 3152–3155 of this chapter—

(1) the term "judicial officer" means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sentencing or pending appeal in a court of the United States, and

(2) the term "offense" means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal).

Source Credit

(Added Pub. L. 93–619, title II, §201, Jan. 3, 1975, 88 Stat. 2088; amended Pub. L. 98–473, title II, §§203(c), 223(h), Oct. 12, 1984, 98 Stat. 1985, 2029; Pub. L. 99–646, §55(i), Nov. 10, 1986, 100 Stat. 3610; Pub. L. 103–322, title IV, §40501, Sept. 13, 1994, 108 Stat. 1945; Pub. L. 104–294, title VI, §607(i), Oct. 11, 1996, 110 Stat. 3512; Pub. L. 105–314, title VI, §601, Oct. 30, 1998, 112 Stat. 2982; Pub. L. 114–22, title I, §112, May 29, 2015, 129 Stat. 240.)

Editorial Notes AMENDMENTS

2015—Subsec. (a)(4)(C). Pub. L. 114–22 inserted "77," after "chapter".

1998—Subsec. (a)(4)(C). Pub. L. 105–314 added subpar. (C) and struck out former subpar. (C) which read as follows: "any felony under chapter 109A or chapter 110; and".

1996—Subsec. (a)(5). Pub. L. 104–294 added par. (5).

1994—Subsec. (a)(4)(C). Pub. L. 103–322 added subpar. (C).

1986—Subsec. (a). Pub. L. 99–646 substituted "the term" for "The term" in pars. (1) to (4) and struck out "and" after "Congress;" in par. (2).

1984—Subsec. (a). Pub. L. 98–473, §203(c)(1), substituted "3141" for "3146" in provision preceding par. (1).

Subsec. (a)(1). Pub. L. 98–473, §203(c)(2), substituted "to detain or release" for "to bail or otherwise release" and struck out "and" after "District of Columbia;".

Subsec. (a)(3), (4). Pub. L. 98–473, §203(c)(3), (4), added pars. (3) and (4).

Subsec. (b)(1). Pub. L. 98–473, §203(c)(5), substituted "to detain or release" for "to bail or otherwise release".

Subsec. (b)(2). Pub. L. 98–473, §223(h), substituted "Class B or C misdemeanor or an infraction" for "petty offense as defined in section 1(3) of this title".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99–646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out as a note under section 3141 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 223(h) of Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.

Publication Title United States Code, 2012 Edition, Supplement 5, 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 II - CRIMINAL PROCEDURE
CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 3156 - Definitions
Contains section 3156
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 88 Stat. 2088
98 Stat. 1985
100 Stat. 3610
108 Stat. 1945
110 Stat. 3512
112 Stat. 2982
129 Stat. 240
Public Law References Public Law 93-619, Public Law 98-473, Public Law 99-646, Public Law 103-322, Public Law 104-294, Public Law 105-314, Public Law 114-22
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