18 U.S.C. § 1515 — Definitions for certain provisions; general provision
submitted 44 years ago by Pub. L. 97-291 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 467 words · no verdicts yet
This section defines terms used in sections 1512 and 1513 and in this section, including “official proceeding,” “physical force,” “misleading conduct,” “law enforcement officer,” and “bodily injury.” It also explains “corruptly” for section 1505 and protects lawful, genuine legal representation.
(a) Definitions for sections 1512 and 1513 and this section. (1) “official proceeding” means (A) a proceeding before a United States judge or court, United States magistrate judge, bankruptcy judge, Tax Court judge or special trial judge, Court of Federal Claims judge, or federal grand jury; (B) a congressional proceeding; (C) a proceeding before a federal agency* authorized by law; or (D) an insurance-business proceeding affecting interstate commerce before an insurance regulator, agency, or its authorized examiner concerning a person in that business. (2) “physical force” means physical action against another person and includes confinement. (3) “misleading conduct” means (A) knowingly making a false statement; (B) intentionally leaving information out of a statement so part of it becomes misleading, or intentionally hiding a material fact and thereby creating a false impression; (C) intending to mislead and knowingly submitting or inviting reliance on a false, forged, altered, or otherwise inauthentic writing or recording; (D) intending to mislead and knowingly submitting or inviting reliance on a materially misleading sample, specimen, map, photograph, boundary mark, or other object; or (E) knowingly using a trick, scheme, or device with intent to mislead. (4) “law enforcement officer” means a federal officer or employee, or a person authorized to act for the Federal Government or serving it as an adviser or consultant, who (A) is legally authorized to prevent, detect, investigate, or prosecute an offense, or (B) serves as a probation or pretrial-services officer under this title. (5) “bodily injury” means (A) a cut, abrasion, bruise, burn, or disfigurement; (B) physical pain; (C) illness; (D) impaired function of a body part, organ, or mental faculty; or (E) any other injury to the body, however temporary. (6) “corruptly persuades” does not include conduct that would be misleading conduct except for the lack of the required state of mind.
(b) For section 1505, “corruptly” means acting with an improper purpose, personally or by influencing someone else. It includes making a false or misleading statement, or withholding, hiding, changing, or destroying a document or other information.
(c) This chapter does not prohibit or punish providing lawful, genuine legal-representation services connected with, or expected to lead to, an official proceeding.
As used in sections 1512 and 1513 of this title and in this section—
the term “official proceeding” means—
a proceeding before a judge or court of the United States*, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury;
a proceeding before the Congress;
a proceeding before a Federal Government agency* which is authorized by law; or
a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce;
the term “physical force” means physical action against another, and includes confinement;
the term “misleading conduct” means—
knowingly making a false statement;
intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact, and thereby creating a false impression by such statement;
with intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;
with intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or
knowingly using a trick, scheme, or device with intent to mislead;
the term “law enforcement officer” means an officer or employee of the Federal Government, or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant—
authorized under law to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or
serving as a probation or pretrial services officer under this title;
the term “bodily injury” means—
a cut, abrasion, bruise, burn, or disfigurement;
physical pain;
illness;
impairment of the function of a bodily member, organ, or mental faculty; or
any other injury to the body, no matter how temporary; and
the term “corruptly persuades” does not include conduct which would be misleading conduct but for a lack of a state of mind.
As used in section 1505, the term “corruptly” means acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information.
This chapter does not prohibit or punish the providing of lawful, bona fide, legal representation services in connection with or anticipation of an official proceeding.
Source credit: (Added Pub. L. 97–291, § 4(a), Oct. 12, 1982, 96 Stat. 1252; amended Pub. L. 99–646, § 50(b), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100–690, title VII, § 7029(b), (d), Nov. 18, 1988, 102 Stat. 4398; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–322, title XXXII, § 320604(a), Sept. 13, 1994, 108 Stat. 2118; Pub. L. 104–292, § 3, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104–294, title VI, § 604(b)(39), Oct. 11, 1996, 110 Stat. 3509.)
- 1982Enacted · Pub. L. 97-291 · 96 Stat. 1252
- 1986Amended · Pub. L. 99-646 · 100 Stat. 3605
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4398
- 1990Amended · Pub. L. 101-650 · 104 Stat. 5117
- 1992Amended · Pub. L. 102-572 · 106 Stat. 4516
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2118
- 1996Amended · Pub. L. 104-292 · 110 Stat. 3460
- 1996Amended · Pub. L. 104-294 · 110 Stat. 3509
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-291 on 1982-10-12.
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