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18 U.S.C. § 1091Genocide

submitted 38 years ago by Pub. L. 100-606 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 407 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes specified acts committed with intent to destroy a national, ethnic, racial, or religious group genocide offenses. It sets punishments, jurisdiction rules, and no time limit for starting a prosecution.

(a) Basic offense. Whoever, in peace or war and with the specific intent to destroy all or a substantial part of a national, ethnic, racial, or religious group, as such—(1) kills members; (2) causes members serious bodily injury; (3) permanently impairs members’ mental faculties through drugs, torture, or similar techniques; (4) subjects the group to conditions intended to cause its physical destruction in whole or in part; (5) imposes measures intended to prevent births within the group; or (6) forcibly transfers the group’s children to another group, shall be punished under (b). (b) Punishment. An offense under (a)(1) that results in death is punishable by death or life imprisonment and a fine of up to $1,000,000, or both. Any other offense under (a) is punishable by a fine of up to $1,000,000, imprisonment for up to 20 years, or both. (c) Incitement. A person who directly and publicly incites another to violate (a) may be fined up to $500,000, imprisoned for up to five years, or both. (d) Attempt and conspiracy. A person who attempts or conspires to commit an offense under this section receives the same punishment as a person who completes it. (e) Jurisdiction. An offense in (a), (c), or (d) is within federal jurisdiction if it occurred wholly or partly in the United States, or, wherever it occurred, the alleged offender is (A) a United States national, as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. § 1101); (B) an alien lawfully admitted for permanent residence in the United States, as defined there; (C) a stateless person whose usual home is in the United States; or (D) present in the United States. (f) No limitations period. Despite 18 U.S.C. § 3282, an indictment or information for an offense under this section may be brought at any time.
the actual law source: uscode.house.gov ↗public domain
(a)Basic Offense.—

Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

(1)

kills members of that group;

(2)

causes serious bodily injury to members of that group;

(3)

causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

(4)

subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

(5)

imposes measures intended to prevent births within the group; or

(6)

transfers by force children of the group to another group;

shall be punished as provided in subsection (b).

(b)Punishment for Basic Offense.—

The punishment for an offense under subsection (a) is—

(1)

in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and

(2)

a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.

(c)Incitement Offense.—

Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

(d)Attempt and Conspiracy.—

Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

(e)Jurisdiction.—

There is jurisdiction over the offenses described in subsections (a), (c), and (d) if—

(1)

the offense is committed in whole or in part within the United States; or

(2)

regardless of where the offense is committed, the alleged offender is—

(A)

a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101));

(B)

an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101));

(C)

a stateless person whose habitual residence is in the United States; or

(D)

present in the United States.

(f)Nonapplicability of Certain Limitations.—

Notwithstanding section 3282, in the case of an offense under this section, an indictment may be found, or information instituted, at any time without limitation.

Source credit: (Added Pub. L. 100–606, § 2(a), Nov. 4, 1988, 102 Stat. 3045; amended Pub. L. 103–322, title VI, § 60003(a)(13), Sept. 13, 1994, 108 Stat. 1970; Pub. L. 107–273, div. B, title IV, § 4002(a)(4), (b)(7), Nov. 2, 2002, 116 Stat. 1806, 1808; Pub. L. 110–151, § 2, Dec. 21, 2007, 121 Stat. 1821; Pub. L. 111–122, § 3(a), Dec. 22, 2009, 123 Stat. 3481.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-606 · 102 Stat. 3045
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 1970
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1806, 1808
  • 2007Amended · Pub. L. 110-151 · 121 Stat. 1821
  • 2009Amended · Pub. L. 111-122 · 123 Stat. 3481

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-606 on 1988-11-04.

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