18 U.S.C. § 2442 — Recruitment or use of child soldiers
submitted 18 years ago by Pub. L. 110-340 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 330 words · no verdicts yet
This section prohibits knowingly recruiting, enlisting, conscripting, or actively using anyone under 15 in an armed force or group. It sets penalties, jurisdiction rules, and definitions.
(a) Offense. A person who knowingly (1) recruits, enlists, or conscripts someone to serve in an armed force or group while that person is under 15, or (2) uses someone under 15 to take an active part in hostilities, knowing the person's age, is punished under (b).
(b) Penalty. A person who violates, attempts to violate, or conspires to violate (a) may be fined, imprisoned for up to 20 years, or both. If anyone dies as a result, the person must be fined and imprisoned for any number of years or for life.
(c) Jurisdiction. Federal jurisdiction exists over an offense, attempt, or conspiracy under (a) if (1) the alleged offender is a United States national, as defined in 8 U.S.C. § 1101(a)(22), or an alien lawfully admitted for permanent residence, as defined in 8 U.S.C. § 1101(a)(20); (2) the alleged offender is stateless and habitually resides in the United States; (3) the alleged offender is in the United States, regardless of nationality; or (4) the offense happens wholly or partly in the United States.
(d) Definitions. (1) "Participate actively in hostilities" means taking part in (A) combat or combat-related military activities, including sabotage and serving as a decoy, courier, or at a military checkpoint; or (B) direct combat-support functions, including transporting supplies or providing other services. This section does not otherwise define the quoted term. (2) "Armed force or group" means an army, militia, or other military organization*, whether state-sponsored or not. It does not include a group formed solely for nonviolent political association. This section does not otherwise define the quoted term.
Whoever knowingly—
recruits, enlists, or conscripts a person to serve while such person is under 15 years of age in an armed force or group; or
uses a person under 15 years of age to participate actively in hostilities;
knowing such person is under 15 years of age, shall be punished as provided in subsection (b).
Whoever violates, or attempts or conspires to violate, subsection (a) shall be fined under this title or imprisoned not more than 20 years, or both and, if death of any person results, shall be fined under this title and imprisoned for any term of years or for life.
There is jurisdiction over an offense described in subsection (a), and any attempt or conspiracy to commit such offense, if—
the alleged offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)); 1
the alleged offender is a stateless person whose habitual residence is in the United States;
the alleged offender is present in the United States, irrespective of the nationality of the alleged offender; or
the offense occurs in whole or in part within the United States.
In this section:
The term “participate actively in hostilities” means taking part in—
combat or military activities related to combat, including sabotage and serving as a decoy, a courier, or at a military checkpoint; or
direct support functions related to combat, including transporting supplies or providing other services.
The term “armed force or group” means any army, militia, or other military organization*, whether or not it is state-sponsored, excluding any group assembled solely for nonviolent political association.
Source credit: (Added Pub. L. 110–340, § 2(a)(1), Oct. 3, 2008, 122 Stat. 3735.)
- 2008Enacted · Pub. L. 110-340 · 122 Stat. 3735
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-340 on 2008-10-03.
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