18 U.S.C. § 2424 — Filing factual statement about alien individual
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 378 words · no verdicts yet
People who keep or harbor an alien for prostitution or another immoral purpose must file a detailed statement about that person, and false or late statements are punishable. The section provides a filing presumption and limited protection for compelled information.
(a) A person who keeps, maintains, controls, supports, or harbors someone in a house or place for prostitution or another immoral purpose, knowing or recklessly disregarding that the person is an alien, must file a written statement with the Commissioner of Immigration and Naturalization. The statement must give the person’s name, where the person is kept, known facts about the date and port of entry into the United States, age, nationality, and parentage, and known facts about how the person was procured to come here. A person who does not file that statement within five business days after beginning to keep, maintain, control, support, or harbor an alien for that purpose also violates this subsection. So does a person who knowingly and willfully gives a false statement or leaves out a known or believed fact about the alien’s age, nationality, parentage, or procurement to come to the United States. The person may be fined under this title, imprisoned for up to 10 years, or both.
(b) In a prosecution under this section, if the required statement is not in the Commissioner’s office, the person responsible for filing it is presumed not to have filed it unless that person proves otherwise. A person may not refuse to provide the statement because it or its information might incriminate the person or expose the person to a penalty or forfeiture. However, the statement’s information, and evidence directly or indirectly derived from it, may not be used against the person who made it in a criminal case, except a prosecution for perjury, making a false statement, or otherwise violating this section.
Whoever keeps, maintains, controls, supports, or harbors in any house or place for the purpose of prostitution, or for any other immoral purpose, any individual, knowing or in reckless disregard of the fact that the individual is an alien, shall file with the Commissioner of Immigration and Naturalization a statement in writing setting forth the name of such individual, the place at which that individual is kept, and all facts as to the date of that individual’s entry into the United States, the port through which that individual entered, that individual’s age, nationality, and parentage, and concerning that individual’s procuration to come to this country within the knowledge of such person; and
Whoever fails within five business days after commencing to keep, maintain, control, support, or harbor in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien individual to file such statement concerning such alien individual with the Commissioner of Immigration and Naturalization; or
Whoever knowingly and willfully states falsely or fails to disclose in such statement any fact within that person’s knowledge or belief with reference to the age, nationality, or parentage of any such alien individual, or concerning that individual’s procuration to come to this country—
Shall be fined under this title or imprisoned not more than 10 years, or both.
In any prosecution brought under this section, if it appears that any such statement required is not on file in the office of the Commissioner of Immigration and Naturalization, the person whose duty it is to file such statement shall be presumed to have failed to file said statement, unless such person or persons shall prove otherwise. No person shall be excused from furnishing the statement, as required by this section, on the ground or for the reason that the statement so required by that person, or the information therein contained, might tend to criminate that person or subject that person to a penalty or forfeiture, but no information contained in the statement or any evidence which is directly or indirectly derived from such information may be used against any person making such statement in any criminal case, except a prosecution for perjury, giving a false statement or otherwise failing to comply with this section.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 813; Pub. L. 91–452, title II, § 226, Oct. 15, 1970, 84 Stat. 930; Pub. L. 99–628, § 5(c), Nov. 7, 1986, 100 Stat. 3511; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title III, § 325, Sept. 30, 1996, 110 Stat. 3009–629.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 813
- 1970Amended · Pub. L. 91-452 · 84 Stat. 930
- 1986Amended · Pub. L. 99-628 · 100 Stat. 3511
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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