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43 U.S.C. § 104 — Disobedience to subpoena

submitted 123 years ago by ch. 344 to r/title-43-PUBLIC-LANDS · 128 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes it a misdemeanor to willfully ignore a subpoena or refuse to testify after being paid the required fee. The punishment is up to a $200 fine, up to 90 days in jail, or both. A witness isn't punished if they missed the subpoena through no fault of their own.

This section is not split into lettered parts, but it has a main rule and a proviso. Main rule: anyone who willfully neglects or refuses to obey a subpoena issued under this law, or willfully neglects or refuses to appear and testify after being subpoenaed and paid the required fees, is guilty of a misdemeanor. That person can be indicted in a U.S. district court, or in a territorial court acting as a district court. On conviction, the punishment is a fine of up to $200, up to 90 days in prison, or both, at the court's discretion. Proviso: if the witness failed to obey the subpoena through no fault of their own, they cannot be punished under this section.
the actual law source: uscode.house.gov ↗public domain

Any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subpoenaed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district court of the United States or in the district courts of the Territories exercising the jurisdiction of district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than $200, or imprisonment not to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this section.

Source credit: (Jan. 31, 1903, ch. 344, § 3, 32 Stat. 790; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)

history & why it existsrecord from the source credit
  • 1903Enacted · Act of Jan. 31, 1903, ch. 344 · 32 Stat. 790
  • 1911Amended · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1167

A history note hasn’t been published yet. The record shows enactment by ch. 344 on 1903-01-31.

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