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2022 US Code
Title 18 - Crimes and Criminal Procedure
Part II - Criminal Procedure
| Publication Title | United States Code, 2018 Edition, Supplement 4, 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 |
| Contains | sections 3001 to 3772 |
| Date | 2022 |
| Laws In Effect As Of Date | January 5, 2023 |
| Positive Law | Yes |
| Disposition | standard |
- Table of Contents
- Front Matter
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Chapter 201 - General Provisions
(Section 3001 - 3014)
- Table of Contents
- Front Matter
- Sec. 3001 - Procedure governed by rules; scope, purpose and effect; definition of terms; local rules; forms-(Rule)
- Sec. 3002 - Courts always open-(Rule)
- Sec. 3003 - Calendars-(Rule)
- Sec. 3004 - Decorum in court room-(Rule)
- Sec. 3005 - Counsel and witnesses in capital cases
- Sec. 3006 - Assignment of counsel-(Rule)
- Sec. 3006A - Adequate representation of defendants
- Sec. 3007 - Motions-(Rule)
- Sec. 3008 - Service and filing of papers-(Rule)
- Sec. 3009 - Records-(Rule)
- Sec. 3010 - Exceptions unnecessary-(Rule)
- Sec. 3011 - Computation of time-(Rule)
- Sec. 3012 - Repealed. Pub. L. 98-473, title II, §218(a)(2), Oct. 12, 1984, 98 Stat. 2027
- Sec. 3013 - Special assessment on convicted persons
- Sec. 3014 - Additional special assessment
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+
Chapter 203 - Arrest and Commitment
(Section 3041 - 3064)
- Table of Contents
- Front Matter
- Sec. 3041 - Power of courts and magistrates
- Sec. 3042 - Extraterritorial jurisdiction
- Sec. 3043 - Repealed. Pub. L. 98-473, title II, §204(c), Oct. 12, 1984, 98 Stat. 1986
- Sec. 3044 - Complaint-(Rule)
- Sec. 3045 - Internal revenue violations
- Sec. 3046 - Warrant or summons-(Rule)
- Sec. 3047 - Multiple warrants unnecessary
- Sec. 3048 - Commitment to another district; removal-(Rule)
- Sec. 3049 - Warrant for removal
- Sec. 3050 - Bureau of Prisons employees' powers
- Sec. 3051 - Powers of Special Agents 1 of Bureau of Alcohol, Tobacco, Firearms, and Explosives
- Sec. 3052 - Powers of Federal Bureau of Investigation
- Sec. 3053 - Powers of marshals and deputies
- Sec. 3054 - Repealed. Pub. L. 97-79, §9(b)(3), Nov. 16, 1981, 95 Stat. 1079
- Sec. 3055 - Officers' powers to suppress Indian liquor traffic
- Sec. 3056 - Powers, authorities, and duties of United States Secret Service
- Sec. 3056A - Powers, authorities, and duties of United States Secret Service Uniformed Division
- Sec. 3057 - Bankruptcy investigations
- Sec. 3058 - Interned belligerent nationals
- Secs. 3059 to 3059B - Repealed. Pub. L. 107-273, div. A, title III, §301(c)(2), Nov. 2, 2002, 116 Stat. 1781
- Sec. 3060 - Preliminary examination
- Sec. 3061 - Investigative powers of Postal Service personnel
- Sec. 3062 - General arrest authority for violation of release conditions
- Sec. 3063 - Powers of Environmental Protection Agency
- Sec. 3064 - Powers of Federal Motor Carrier Safety Administration
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+
Chapter 204 - Rewards for Information Concerning Terrorist Acts and Espionage
(Section 3071 - 3077)
- Table of Contents
- Front Matter
- Sec. 3071 - Information for which rewards authorized
- Sec. 3072 - Determination of entitlement; maximum amount; Presidential approval; conclusiveness
- Sec. 3073 - Protection of identity
- Sec. 3074 - Exception of governmental officials
- Sec. 3075 - Repealed. Pub. L. 107-273, div. A, title III, §301(c)(2), Nov. 2, 2002, 116 Stat. 1781
- Sec. 3076 - Eligibility for witness security program
- Sec. 3077 - Definitions
-
+
Chapter 205 - Searches and Seizures
(Section 3101 - 3118)
- Table of Contents
- Front Matter
- Sec. 3101 - Effect of rules of court-(Rule)
- Sec. 3102 - Authority to issue search warrant-(Rule)
- Sec. 3103 - Grounds for issuing search warrant-(Rule)
- Sec. 3103a - Additional grounds for issuing warrant
- Sec. 3104 - Issuance of search warrant; contents-(Rule)
- Sec. 3105 - Persons authorized to serve search warrant
- Sec. 3106 - Officer authorized to serve search warrant-(Rule)
- Sec. 3107 - Service of warrants and seizures by Federal Bureau of Investigation
- Sec. 3108 - Execution, service, and return-(Rule)
- Sec. 3109 - Breaking doors or windows for entry or exit
- Sec. 3110 - Property defined-(Rule)
- Sec. 3111 - Property seizable on search warrant-(Rule)
- Sec. 3112 - Repealed. Pub. L. 97-79, §9(b)(3), Nov. 16, 1981, 95 Stat. 1079
- Sec. 3113 - Liquor violations in Indian country
- Sec. 3114 - Return of seized property and suppression of evidence; motion-(Rule)
- Sec. 3115 - Inventory upon execution and return of search warrant-(Rule)
- Sec. 3116 - Records of examining magistrate judge; return to clerk of court-(Rule)
- Sec. 3117 - Mobile tracking devices
- Sec. 3118 - Implied consent for certain tests
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+
Chapter 206 - Pen Registers and Trap and Trace Devices
(Section 3121 - 3127)
- Table of Contents
- Front Matter
- Sec. 3121 - General prohibition on pen register and trap and trace device use; exception
- Sec. 3122 - Application for an order for a pen register or a trap and trace device
- Sec. 3123 - Issuance of an order for a pen register or a trap and trace device
- Sec. 3124 - Assistance in installation and use of a pen register or a trap and trace device
- Sec. 3125 - Emergency pen register and trap and trace device installation
- Sec. 3126 - Reports concerning pen registers and trap and trace devices
- Sec. 3127 - Definitions for chapter
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Chapter 207 - Release and Detention Pending Judicial Proceedings
(Section 3141 - 3156)
- Table of Contents
- Front Matter
- Sec. 3141 - Release and detention authority generally
- Sec. 3142 - Release or detention of a defendant pending trial
- Sec. 3143 - Release or detention of a defendant pending sentence or appeal
- Sec. 3144 - Release or detention of a material witness
- Sec. 3145 - Review and appeal of a release or detention order
- Sec. 3146 - Penalty for failure to appear
- Sec. 3147 - Penalty for an offense committed while on release
- Sec. 3148 - Sanctions for violation of a release condition
- Sec. 3149 - Surrender of an offender by a surety
- Sec. 3150 - Applicability to a case removed from a State court
- Sec. 3150a - Repealed. Pub. L. 98-473, title II, §203(a), Oct. 12, 1984, 98 Stat. 1976
- Sec. 3151 - Refund of forfeited bail
- Sec. 3152 - Establishment of pretrial services
- Sec. 3153 - Organization and administration of pretrial services
- Sec. 3154 - Functions and powers relating to pretrial services
- Sec. 3155 - Annual reports
- Sec. 3156 - Definitions
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Chapter 208 - Speedy Trial
(Section 3161 - 3174)
- Table of Contents
- Front Matter
- Sec. 3161 - Time limits and exclusions
- Sec. 3162 - Sanctions
- Sec. 3163 - Effective dates
- Sec. 3164 - Persons detained or designated as being of high risk
- Sec. 3165 - District plans-generally
- Sec. 3166 - District plans-contents
- Sec. 3167 - Reports to Congress
- Sec. 3168 - Planning process
- Sec. 3169 - Federal Judicial Center
- Sec. 3170 - Speedy trial data
- Sec. 3171 - Planning appropriations
- Sec. 3172 - Definitions
- Sec. 3173 - Sixth amendment rights
- Sec. 3174 - Judicial emergency and implementation
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Chapter 209 - Extradition
(Section 3181 - 3196)
- Table of Contents
- Front Matter
- Sec. 3181 - Scope and limitation of chapter
- Sec. 3182 - Fugitives from State or Territory to State, District, or Territory
- Sec. 3183 - Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States
- Sec. 3184 - Fugitives from foreign country to United States
- Sec. 3185 - Fugitives from country under control of United States into the United States
- Sec. 3186 - Secretary of State to surrender fugitive
- Sec. 3187 - Provisional arrest and detention within extraterritorial jurisdiction
- Sec. 3188 - Time of commitment pending extradition
- Sec. 3189 - Place and character of hearing
- Sec. 3190 - Evidence on hearing
- Sec. 3191 - Witnesses for indigent fugitives
- Sec. 3192 - Protection of accused
- Sec. 3193 - Receiving agent's authority over offenders
- Sec. 3194 - Transportation of fugitive by receiving agent
- Sec. 3195 - Payment of fees and costs
- Sec. 3196 - Extradition of United States citizens
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Chapter 211 - Jurisdiction and Venue
(Section 3231 - 3244)
- Table of Contents
- Front Matter
- Sec. 3231 - District courts
- Sec. 3232 - District of offense-(Rule)
- Sec. 3233 - Transfer within district-(Rule)
- Sec. 3234 - Change of venue to another district-(Rule)
- Sec. 3235 - Venue in capital cases
- Sec. 3236 - Murder or manslaughter
- Sec. 3237 - Offenses begun in one district and completed in another
- Sec. 3238 - Offenses not committed in any district
- Sec. 3239 - Optional venue for espionage and related offenses
- Sec. 3240 - Creation of new district or division
- Sec. 3241 - Jurisdiction of offenses under certain sections
- Sec. 3242 - Indians committing certain offenses; acts on reservations
- Sec. 3243 - Jurisdiction of State of Kansas over offenses committed by or against Indians on Indian reservations
- Sec. 3244 - Jurisdiction of proceedings relating to transferred offenders
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Chapter 212 - Military Extraterritorial Jurisdiction
(Section 3261 - 3267)
- Table of Contents
- Sec. 3261 - Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States
- Sec. 3262 - Arrest and commitment
- Sec. 3263 - Delivery to authorities of foreign countries
- Sec. 3264 - Limitation on removal
- Sec. 3265 - Initial proceedings
- Sec. 3266 - Regulations
- Sec. 3267 - Definitions
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Chapter 212A - Extraterritorial Jurisdiction Over Certain Offenses
(Section 3271 - 3273)
- Table of Contents
- Front Matter
- Sec. 3271 - Trafficking in persons offenses committed by persons employed by or accompanying the Federal Government outside the United States
- Sec. 3272 - Definitions
- Sec. 3273 - Offenses committed by certain United States personnel stationed in Canada in furtherance of border security initiatives
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Chapter 213 - Limitations
(Section 3281 - 3301)
- Table of Contents
- Front Matter
- Sec. 3281 - Capital offenses
- Sec. 3282 - Offenses not capital
- Sec. 3283 - Offenses against children
- Sec. 3284 - Concealment of bankrupt's assets
- Sec. 3285 - Criminal contempt
- Sec. 3286 - Extension of statute of limitation for certain terrorism offenses
- Sec. 3287 - Wartime suspension of limitations
- Sec. 3288 - Indictments and information dismissed after period of limitations
- Sec. 3289 - Indictments and information dismissed before period of limitations
- Sec. 3290 - Fugitives from justice
- Sec. 3291 - Nationality, citizenship and passports
- Sec. 3292 - Suspension of limitations to permit United States to obtain foreign evidence
- Sec. 3293 - Financial institution offenses
- Sec. 3294 - Theft of major artwork
- Sec. 3295 - Arson offenses
- Sec. 3296 - Counts dismissed pursuant to a plea agreement
- Sec. 3297 - Cases involving DNA evidence
- Sec. 3298 - Trafficking-related offenses
- Sec. 3299 - Child abduction and sex offenses
- Sec. 3300 - Recruitment or use of child soldiers
- Sec. 3301 - Securities fraud offenses
- + Chapter 215 - Grand Jury (Section 3321 - 3328)
- + Chapter 216 - Special Grand Jury (Section 3331 - 3334)
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+
Chapter 217 - Indictment and Information
(Section 3361 - 3367)
- Table of Contents
- Sec. 3361 - Form and contents-(Rule)
- Sec. 3362 - Waiver of indictment and prosecution on information-(Rule)
- Sec. 3363 - Joinder of offenses-(Rule)
- Sec. 3364 - Joinder of defendants-(Rule)
- Sec. 3365 - Amendment of information-(Rule)
- Sec. 3366 - Bill of particulars-(Rule)
- Sec. 3367 - Dismissal-(Rule)
- + Chapter 219 - Trial by United States Magistrate Judges (Section 3401 - 3402)
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Chapter 221 - Arraignment, Pleas and Trial
(Section 3431 - 3446)
- Table of Contents
- Sec. 3431 - Term of court; power of court unaffected by expiration-(Rule)
- Sec. 3432 - Indictment and list of jurors and witnesses for prisoner in capital cases
- Sec. 3433 - Arraignment-(Rule)
- Sec. 3434 - Presence of defendant-(Rule)
- Sec. 3435 - Receiver of stolen property triable before or after principal
- Sec. 3436 - Consolidation of indictments or informations-(Rule)
- Sec. 3437 - Severance-(Rule)
- Sec. 3438 - Pleas-(Rule)
- Sec. 3439 - Demurrers and special pleas in bar or abatement abolished; relief on motion-(Rule)
- Sec. 3440 - Defenses and objections determined on motion-(Rule)
- Sec. 3441 - Jury; number of jurors; waiver-(Rule)
- Sec. 3442 - Jurors, examination, peremptory challenges; alternates-(Rule)
- Sec. 3443 - Instructions to jury-(Rule)
- Sec. 3444 - Disability of judge-(Rule)
- Sec. 3445 - Motion for judgment of acquittal-(Rule)
- Sec. 3446 - New trial-(Rule)
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Chapter 223 - Witnesses and Evidence
(Section 3481 - 3512)
- Table of Contents
- Front Matter
- Sec. 3481 - Competency of accused
- Sec. 3482 - Evidence and witnesses-(Rule)
- Sec. 3483 - Indigent defendants, process to produce evidence-(Rule)
- Sec. 3484 - Subpoenas-(Rule)
- Sec. 3485 - Expert witnesses-(Rule)
- Sec. 3486 - Administrative subpoenas
- Sec. 3486A - Repealed. Pub. L. 106-544, §5(b)(3), Dec. 19, 2000, 114 Stat. 2718
- Sec. 3487 - Refusal to pay as evidence of embezzlement
- Sec. 3488 - Intoxicating liquor in Indian country as evidence of unlawful introduction
- Sec. 3489 - Discovery and inspection-(Rule)
- Sec. 3490 - Official record or entry-(Rule)
- Sec. 3491 - Foreign documents
- Sec. 3492 - Commission to consular officers to authenticate foreign documents
- Sec. 3493 - Deposition to authenticate foreign documents
- Sec. 3494 - Certification of genuineness of foreign document
- Sec. 3495 - Fees and expenses of consuls, counsel, interpreters and witnesses
- Sec. 3496 - Regulations by President as to commissions, fees of witnesses, counsel and interpreters
- Sec. 3497 - Account as evidence of embezzlement
- Sec. 3498 - Depositions-(Rule)
- Sec. 3499 - Contempt of court by witness-(Rule)
- Sec. 3500 - Demands for production of statements and reports of witnesses
- Sec. 3501 - Admissibility of confessions
- Sec. 3502 - Admissibility in evidence of eye witness testimony
- Sec. 3503 - Repealed. Pub. L. 107-273, div. B, title IV, §4002(c)(3)(A), Nov. 2, 2002, 116 Stat. 1809
- Sec. 3504 - Litigation concerning sources of evidence
- Sec. 3505 - Foreign records of regularly conducted activity
- Sec. 3506 - Service of papers filed in opposition to official request by United States to foreign government for criminal evidence
- Sec. 3507 - Special master at foreign deposition
- Sec. 3508 - Custody and return of foreign witnesses
- Sec. 3509 - Child victims' and child witnesses' rights
- Sec. 3510 - Rights of victims to attend and observe trial
- Sec. 3511 - Judicial review of requests for information
- Sec. 3512 - Foreign requests for assistance in criminal investigations and prosecutions
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Chapter 224 - Protection of Witnesses
(Section 3521 - 3528)
- Table of Contents
- Front Matter
- Sec. 3521 - Witness relocation and protection
- Sec. 3522 - Probationers and parolees
- Sec. 3523 - Civil judgments
- Sec. 3524 - Child custody arrangements
- Sec. 3525 - Victims Compensation Fund
- Sec. 3526 - Cooperation of other Federal agencies and State governments; reimbursement of expenses
- Sec. 3527 - Additional authority of Attorney General
- Sec. 3528 - Definition
- + Chapter 225 - Verdict (Section 3531 - 3532)
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Chapter 227 - Sentences
(Section 3551 - 3586)
- Table of Contents
- Front Matter
- Subchapter A - General Provisions (Section 3551 - 3559)
- Subchapter B - Probation (Section 3561 - 3566)
- Subchapter C - Fines (Section 3571 - 3574)
- Subchapter D - Imprisonment (Section 3581 - 3586)
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Chapter 228 - Death Sentence
(Section 3591 - 3599)
- Table of Contents
- Front Matter
- Sec. 3591 - Sentence of death
- Sec. 3592 - Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified
- Sec. 3593 - Special hearing to determine whether a sentence of death is justified
- Sec. 3594 - Imposition of a sentence of death
- Sec. 3595 - Review of a sentence of death
- Sec. 3596 - Implementation of a sentence of death
- Sec. 3597 - Use of State facilities
- Sec. 3598 - Special provisions for Indian country
- Sec. 3599 - Counsel for financially unable defendants
- + Chapter 228A - Post-Conviction DNA Testing (Section 3600 - 3600A)
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+
Chapter 229 - Postsentence Administration
(Section 3601 - 3635)
- Table of Contents
- Front Matter
- Subchapter A - Probation (Section 3601 - 3608)
- Subchapter B - Fines (Section 3611 - 3615)
- Subchapter C - Imprisonment (Section 3621 - 3626)
- Subchapter D - Risk and Needs Assessment System (Section 3631 - 3635)
- + Chapter 231 - Repealed (Section 3651 - 3656)
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Chapter 232 - Miscellaneous Sentencing Provisions
(Section 3661 - 3673)
- Table of Contents
- Front Matter
- Sec. 3661 - Use of information for sentencing
- Sec. 3662 - Conviction records
- Sec. 3663 - Order of restitution
- Sec. 3663A - Mandatory restitution to victims of certain crimes
- Sec. 3664 - Procedure for issuance and enforcement of order of restitution
- Sec. 3665 - Firearms possessed by convicted felons
- Sec. 3666 - Bribe moneys
- Sec. 3667 - Liquors and related property; definitions
- Sec. 3668 - Remission or mitigation of forfeitures under liquor laws; possession pending trial
- Sec. 3669 - Conveyances carrying liquor
- Sec. 3670 - Disposition of conveyances seized for violation of the Indian liquor laws
- Sec. 3671 - Vessels carrying explosives and steerage passengers
- Sec. 3672 - Duties of Director of Administrative Office of the United States Courts
- Sec. 3673 - Definitions for sentencing provisions
- + Chapter 232A - Special Forfeiture of Collateral Profits of Crime (Section 3681 - 3682)
- + Chapter 233 - Contempts (Section 3691 - 3693)
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Chapter 235 - Appeal
(Section 3731 - 3742)
- Table of Contents
- Front Matter
- Sec. 3731 - Appeal by United States
- Sec. 3732 - Taking of appeal; notice; time-(Rule)
- Sec. 3733 - Assignment of errors-(Rule)
- Sec. 3734 - Bill of exceptions abolished-(Rule)
- Sec. 3735 - Bail on appeal or certiorari-(Rule)
- Sec. 3736 - Certiorari-(Rule)
- Sec. 3737 - Record-(Rule)
- Sec. 3738 - Docketing appeal and record-(Rule)
- Sec. 3739 - Supervision-(Rule)
- Sec. 3740 - Argument-(Rule)
- Sec. 3741 - Harmless error and plain error-(Rule)
- Sec. 3742 - Review of a sentence
- + Chapter 237 - Crime Victims' Rights (Section 3771 - 3771)
- + Chapter 238 - Sexual Assault Survivors' Rights (Section 3772 - 3772)
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