18 U.S.C. § 3237 — Offenses begun in one district and completed in another
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 247 words · no verdicts yet
A federal offense begun in one district and completed in another, or committed in multiple districts, may generally be prosecuted in any district where it began, continued, or ended. Special rules let certain tax defendants elect trial where they lived if they make a timely motion.
(a) Unless Congress expressly provides otherwise, an offense against the United States begun in one district and completed in another, or committed in more than one district, may be investigated and prosecuted in any district where it began, continued, or ended. An offense involving mail, interstate or foreign transportation, or importing an object or person is a continuing offense and may generally be prosecuted in any district from, through, or into which the mail, commerce, object, or person moved. (b) Despite subsection (a), for an offense under section 7203 of the Internal Revenue Code, or an offense under section 7201 or 7206(1), (2), or (5) whose venue rests only on mailing something to the IRS, a defendant prosecuted outside the district where the defendant lived may elect trial in the district where the defendant lived when the alleged offense occurred. The defendant must file the motion in the district where prosecution began within 20 days after arraignment on the indictment or information.
Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.
Any offense involving the use of the mails, transportation in interstate or foreign commerce, or the importation of an object or person into the United States is a continuing offense and, except as otherwise expressly provided by enactment of Congress, may be inquired of and prosecuted in any district from, through, or into which such commerce, mail matter, or imported object or person moves.
Notwithstanding subsection (a), where an offense is described in section 7203 of the Internal Revenue Code of 1986, or where venue for prosecution of an offense described in section 7201 or 7206(1), (2), or (5) of such Code (whether or not the offense is also described in another provision of law) is based solely on a mailing to the Internal Revenue Service, and prosecution is begun in a judicial district other than the judicial district in which the defendant resides, he may upon motion filed in the district in which the prosecution is begun, elect to be tried in the district in which he was residing at the time the alleged offense was committed: Provided, That the motion is filed within twenty days after arraignment of the defendant upon indictment or information.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 85–595, Aug. 6, 1958, 72 Stat. 512; Pub. L. 89–713, § 2, Nov. 2, 1966, 80 Stat. 1108; Pub. L. 98–369, div. A, title I, § 162, July 18, 1984, 98 Stat. 697; Pub. L. 98–473, title II, § 1204(a), Oct. 12, 1984, 98 Stat. 2152; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 826
- 1958Amended · Pub. L. 85-595 · 72 Stat. 512
- 1966Amended · Pub. L. 89-713 · 80 Stat. 1108
- 1984Amended · Pub. L. 98-369 · 98 Stat. 697
- 1984Amended · Pub. L. 98-473 · 98 Stat. 2152
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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