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18 U.S.C. § 402Contempts constituting crimes

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 338 words · no verdicts yet

in plain englishAI-generated · not legal advice

It's a federal crime to willfully disobey a lawful order from certain federal courts. The disobedience only counts if it would also break another federal or state law. Penalties include a fine — capped at $1,000 for an individual — and up to six months in prison.

This section makes it a federal crime to willfully disobey a lawful order from certain courts. It applies to any person, corporation, or association that willfully disobeys a writ, process, order, rule, decree, or command of a U.S. district court — including the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review (both set up under section 103 of the Foreign Intelligence Surveillance Act of 1978) — or of any court of the District of Columbia, by doing the forbidden act or thing, or failing to do the required one. The disobedience only counts as a crime under this section if doing (or not doing) that act would also be a crime under some other U.S. statute, or under the law of the state where it happened. When it qualifies, the person is prosecuted for contempt following the procedure in section 3691 of this title, and can be punished by a fine under this title, imprisonment, or both. The fine goes to the United States, or to whichever person or party the contempt actually hurt — if more than one person was hurt, the court can divide or apportion the fine among them as it sees fit. If the person found guilty is a natural person (not a corporation), the fine paid to the United States cannot exceed $1,000, and the prison term cannot exceed six months. This section does not cover contempt committed in the court's presence, or so close to it that it obstructs justice — those are handled separately. It also does not cover contempt of an order issued in a case brought in the name of, or on behalf of, the United States. Both of those situations, and any other kind of contempt not specifically covered by this section, may instead be punished according to the usual legal customs for contempt. For this section, "State" includes a U.S. state, the District of Columbia, and any commonwealth, territory, or possession of the United States.
the actual law source: uscode.house.gov ↗public domain

Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States, including the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by a fine under this title or imprisonment, or both.

Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months.

This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law.

For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 701; May 24, 1949, ch. 139, § 8(c), 63 Stat. 90; Pub. L. 101–647, title XII, § 1205(c), Nov. 29, 1990, 104 Stat. 4830; Pub. L. 103–322, title XXXIII, §§ 330011(f), 330016(2)(E), Sept. 13, 1994, 108 Stat. 2145, 2148; Pub. L. 118–49, § 14(a), Apr. 20, 2024, 138 Stat. 882.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 701
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 90
  • 1990Amended · Pub. L. 101-647 · 104 Stat. 4830
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2145, 2148
  • 2024Amended · Pub. L. 118-49 · 138 Stat. 882

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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