r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE wiki — defined terms

“serious drug offense” applies in that section

the term “serious drug offense” means— (i) an offense under the Controlled Substances Act ( 21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.), or chapter 705 of title 46 for which a maximum term of imprisonment of ten years or more is prescribed by law; or (ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )), for which a maximum term of imprisonment of ten years or more is prescribed by law;

“violent felony” applies in that section

the term “violent felony” means any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for such term if committed by an adult, that— (i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another; and;

“United States” applies in that section

the term “United States” means each of the several States and the District of Columbia. (b) A licensed importer, licensed manufacturer, licensed dealer, or licensed collector who is indicted for a crime punishable by imprisonment for a term exceeding one year, may, notwithstanding any other provision of this chapter, continue operation pursuant to his existing license (if prior to the expiration of the term of the existing license timely application is made for a new license) during the term of such indictment and until any conviction pursuant to the indictment becomes final.

“qualified” applies in that section

the term “qualified” means, with respect to an attorney, that the attorney is a licensed attorney in good standing with any relevant licensing authority.

“firearm” applies in that section

the term “firearm”— (1) except as provided in this subsection, has the same meaning as in section 921 of this title ; (2) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and (3) does not include— (A) any machinegun (as defined in section 5845 of the National Firearms Act); (B) any firearm silencer (as defined in section 921 of this title ); and (C) any destructive device (as defined in section 921 of this title ).

“qualified law enforcement officer” applies in that section

the term “qualified law enforcement officer” means an employee of a governmental agency who— (1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under section 807(b) of title 10 , United States Code (article 7(b) of the Uniform Code of Military Justice); (2) is authorized by the agency to carry a firearm; (3) is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers; (4) meets standards, if any, established by the agency which require the employee to regularly …

“firearm” applies in that section

the term “firearm”— (A) except as provided in this paragraph, has the same meaning as in section 921 of this title ; (B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and (C) does not include— (i) any machinegun (as defined in section 5845 of the National Firearms Act); (ii) any firearm silencer (as defined in section 921 of this title ); and (iii) any destructive device (as defined in section 921 of this title ); and;

“qualified retired law enforcement officer” applies in that section

the term “qualified retired law enforcement officer” means an individual who— (1) separated from service in good standing from service with a public agency as a law enforcement officer; (2) before such separation, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest or apprehension under section 807(b) of title 10 , United States Code (article 7(b) of the Uniform Code of Military Justice); (3) (A) before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or (B) separated from service with such agency, …

“service with a public agency as a law enforcement officer” applies in that section

the term “service with a public agency as a law enforcement officer” includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government.

“drug trafficking crime” applies in that section

the term “drug trafficking crime” means any felony punishable under the Controlled Substances Act ( 21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.), or chapter 705 of title 46. (b) Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this section, nor place the person on probation, nor shall the terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed.

“dangerous weapon” applies in that section

The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.;

“Federal court facility” applies in that section

The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.

“Federal facility” applies in that section

The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.;

“employer” applies in that section

the term “employer” means any other individual employed by the defendant’s business that supervises defendant’s activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.

“drug trafficking crime” applies in that section

the term “drug trafficking crime”— (A) has the meaning given that term in section 924(c)(2); and (B) includes a felony punishable under the law of a State for which the conduct constituting the offense would constitute a felony punishable under the Controlled Substances Act ( 21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.), or chapter 705 of title 46;

“Federal crime of terrorism” applies in that section

the term “Federal crime of terrorism” has the meaning given that term in section 2332b(g)(5); and;

“felony” applies in that section

the term “felony” means any offense under Federal or State law punishable by imprisonment for a term exceeding 1 year. (b) Violation .— It shall be unlawful for any person to knowingly purchase, or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce for, on behalf of, or at the request or demand of any other person, knowing or having reasonable cause to believe that such other person— (1) meets the criteria of 1 or more paragraphs of section 922(d); (2) intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking crime; or (3) intends to sell or otherwise …

“agent of a foreign government” applies in that section

the term “agent of a foreign government” means an individual who agrees to operate within the United States subject to the direction or control of a foreign government or official, except that such term does not include— (1) a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State; (2) any officially and publicly acknowledged and sponsored official or representative of a foreign government; (3) any officially and publicly acknowledged and sponsored member of the staff of, or employee of, an officer, official, or representative described in paragraph (1) or (2), who is not a United States citizen; or (4) any person engaged in a …

“Attorney General” applies in that section

the term “Attorney General” means the Attorney General or his delegate; and;

“interbank account” applies in that section

The term “interbank account” has the same meaning as in section 984(c)(2)(B). (B) Owner.— (i) In general .— Except as provided in clause (ii),

“owner” applies in that section

the term “owner”— (I) means the person who was the owner, as that term is defined in section 983(d)(6), of the funds that were deposited into the foreign financial institution (as defined in section 984(c)(2)(A) of this title ) at the time such funds were deposited; and (II) does not include either the foreign financial institution (as defined in section 984(c)(2)(A) of this title ) or any financial institution acting as an intermediary in the transfer of the funds into the interbank account.

“proceeds” applies in that section

the term “proceeds” means property of any kind obtained directly or indirectly, as the result of the commission of the offense giving rise to forfeiture, and any property traceable thereto, and is not limited to the net gain or profit realized from the offense. (B) In cases involving lawful goods or lawful services that are sold or provided in an illegal manner,

“related criminal case” applies in that section

the terms “related criminal case” and “related criminal investigation” mean an actual prosecution or investigation in progress at the time at which the request for the stay, or any subsequent motion to lift the stay is made. In determining whether a criminal case or investigation is “related” to a civil forfeiture proceeding, the court shall consider the degree of similarity between the parties, witnesses, facts, and circumstances involved in the two proceedings, without requiring an identity with respect to any one or more factors.

“related criminal investigation” applies in that section

the terms “related criminal case” and “related criminal investigation” mean an actual prosecution or investigation in progress at the time at which the request for the stay, or any subsequent motion to lift the stay is made. In determining whether a criminal case or investigation is “related” to a civil forfeiture proceeding, the court shall consider the degree of similarity between the parties, witnesses, facts, and circumstances involved in the two proceedings, without requiring an identity with respect to any one or more factors.

“Secretary of the Treasury” applies in that section

the term “Secretary of the Treasury” means the Secretary of the Treasury or his delegate. (k) Interbank Accounts.— (1) In general.— (A) In general .— For the purpose of a forfeiture under this section or under the Controlled Substances Act ( 21 U.S.C.

“civil forfeiture statute” applies in that section

the term “civil forfeiture statute”— (1) means any provision of Federal law providing for the forfeiture of property other than as a sentence imposed upon conviction of a criminal offense; and (2) does not include— (A) the Tariff Act of 1930 or any other provision of law codified in title 19; (B) the Internal Revenue Code of 1986; (C) the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.); (D) the Trading with the Enemy Act ( 50 U.S.C. 4301 et seq.), the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), or the North Korea Sanctions Enforcement Act of 2016; 1 or (E) section 1 of title VI of the Act of June 15, 1917 ( 40 Stat. 233 ; 22 U.S.C. 401 ).

“innocent owner” applies in that section

the term “innocent owner” means an owner who— (i) did not know of the conduct giving rise to forfeiture; or (ii) upon learning of the conduct giving rise to the forfeiture, did all that reasonably could be expected under the circumstances to terminate such use of the property.

“owner” applies in that section

the term “owner”— (A) means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest; and (B) does not include— (i) a person with only a general unsecured interest in, or claim against, the property or estate of another; (ii) a bailee unless the bailor is identified and the bailee shows a colorable legitimate interest in the property seized; or (iii) a nominee who exercises no dominion or control over the property.

“financial institution” applies in that section

the term “financial institution” includes a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 ( 12 U.S.C. 3101(b)(7) )); 1 and;

“interbank account” applies in that section

the term “interbank account” means an account held by one financial institution at another financial institution primarily for the purpose of facilitating customer transactions. (d) Nothing in this section may be construed to limit the ability of the Government to forfeit property under any provision of law if the property involved in the offense giving rise to the forfeiture or property traceable thereto is available for forfeiture.

“branch or agency of a foreign bank” applies in that section

the term “branch or agency of a foreign bank” means a branch or agency described in section 20(9) of this title . For purposes of this section,

“depository institution holding company” applies in that section

the term “depository institution holding company” has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act.

“State-chartered credit union” applies in that section

The term “State-chartered credit union” includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.

“authentication feature” applies in that section

the term “authentication feature” means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified;

“document-making implement” applies in that section

the term “document-making implement” means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement;

“false authentication feature” applies in that section

the term “false authentication feature” means an authentication feature that— (A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit; (B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or (C) appears to be genuine, but is not;

“false identification document” applies in that section

the term “false identification document” means a document of a type intended or commonly accepted for the purposes of identification of individuals that— (A) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and (B) appears to be issued by or under the authority of the United States Government, a State, a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental …

“identification document” applies in that section

the term “identification document” means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals;

“issuing authority” applies in that section

the term “issuing authority”— (A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and (B) includes the United States Government, a State, a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization;

“means of identification” applies in that section

the term “means of identification” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any— (A) name, social security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number; (B) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; (C) unique electronic identification number, address, or routing code; or (D) telecommunication identifying information or access device (as defined in section …

“personal identification card” applies in that section

the term “personal identification card” means an identification document issued by a State or local government solely for the purpose of identification;

“produce” applies in that section

the term “produce” includes alter, authenticate, or assemble;

“State” applies in that section

the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States; and;

“traffic” applies in that section

the term “traffic” means— (A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or (B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. (e) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.

“transfer” applies in that section

the term “transfer” includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others;

“felony violation enumerated in subsection (c)” applies in that section

the term “felony violation enumerated in subsection (c)” means any offense that is a felony violation of— (1) section 641 (relating to theft of public money, property, or rewards 1 ), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans); (2) section 911 (relating to false personation of citizenship); (3) section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm); (4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7); (5) any provision contained in chapter 63 (relating to …

“access device” applies in that section

the term “access device” means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

“counterfeit access device” applies in that section

the term “counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;

“credit card system member” applies in that section

the term “credit card system member” means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system;

“device-making equipment” applies in that section

the term “device-making equipment” means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device;

“facilities-based carrier” applies in that section

the term “facilities-based carrier” means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934; and;

“produce” applies in that section

the term “produce” includes design, alter, authenticate, duplicate, or assemble;

“scanning receiver” applies in that section

the term “scanning receiver” means a device or apparatus that can be used to intercept a wire or electronic communication in violation of chapter 119 or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument;

“State” applies in that section

the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (g) (1) It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier, to engage in conduct (other than trafficking) otherwise prohibited by that subsection for the purpose of protecting the property or legal rights of that carrier, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without the authorization of such carrier.

“telecommunication identifying information” applies in that section

the term “telecommunication identifying information” means electronic serial number or any other number or signal that identifies a specific telecommunications instrument or account, or a specific communication transmitted from a telecommunications instrument. (f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. For purposes of this subsection,

“telecommunications service” applies in that section

the term “telecommunications service” has the meaning given such term in section 3 of title I of the Communications Act of 1934 ( 47 U.S.C. 153 );

“traffic” applies in that section

the term “traffic” means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of;

“unauthorized access device” applies in that section

the term “unauthorized access device” means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud;

“computer” applies in that section

the term “computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device;

“conviction” applies in that section

the term “conviction” shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer;

“damage” applies in that section

the term “damage” means any impairment to the integrity or availability of data, a program, a system, or information;

“department of the United States” applies in that section

the term “department of the United States” means the legislative or judicial branch of the Government or one of the executive departments enumerated in section 101 of title 5 ;

“exceeds authorized access” applies in that section

the term “exceeds authorized access” means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter;

“Federal election” applies in that section

the term “Federal election” means any election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) )) for Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) )); and;

“financial institution” applies in that section

the term “financial institution” means— (A) an institution, with deposits insured by the Federal Deposit Insurance Corporation; (B) the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank; (C) a credit union with accounts insured by the National Credit Union Administration; (D) a member of the Federal home loan bank system and any home loan bank; (E) any institution of the Farm Credit System under the Farm Credit Act of 1971; (F) a broker-dealer registered with the Securities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934; (G) the Securities Investor Protection Corporation; (H) a branch or agency of a foreign bank (as …

“financial record” applies in that section

the term “financial record” means information derived from any record held by a financial institution pertaining to a customer’s relationship with the financial institution;

“government entity” applies in that section

the term “government entity” includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country;

“loss” applies in that section

the term “loss” means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service;

“person” applies in that section

the term “person” means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity;

“protected computer” applies in that section

the term “protected computer” means a computer— (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; (B) which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States; or (C) that— (i) is part of a voting system; and (ii) (I) is used for the …

“State” applies in that section

the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States;

“voting system” applies in that section

the term “voting system” has the meaning given the term in section 301(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(b) ). (f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States. (g) Any person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator to obtain compensatory damages and injunctive relief or other equitable relief.

“business of insurance” applies in that section

the term “business of insurance” means— (A) the writing of insurance, or (B) the reinsuring of risks, by an insurer, including all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons;

“insurer” applies in that section

the term “insurer” means any entity the business activity of which is the writing of insurance or the reinsuring of risks, and includes any person who acts as, or is, an officer, director, agent, or employee of that business;

“interstate commerce” applies in that section

the term “interstate commerce” means— (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) all commerce between any point in the State, territory, possession, or the District of Columbia and any point outside thereof; (C) all commerce between points within the same State through any place outside such State; or (D) all other commerce over which the United States has jurisdiction; and;

“State” applies in that section

the term “State” includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

“health care benefit program” applies in that section

the term “health care benefit program” has the meaning given such term in section 24(b) of this title .

“airport” applies in that section

the term “airport” has the meaning given such term in section 47102 of title 49 .

“secure area” applies in that section

the term “secure area” means an area access to which is restricted by the airport authority, captain of the seaport, or a public agency; and;

“loss” applies in that section

The term “loss” has the meaning given that term in section 1030(e) of this title . (2) Materially .— For purposes of paragraphs (3) and (4) of subsection (a), header information or registration information is materially falsified if it is altered or concealed in a manner that would impair the ability of a recipient of the message, an Internet access service processing the message on behalf of a recipient, a person alleging a violation of this section, or a law enforcement agency to identify, locate, or respond to a person who initiated the electronic mail message or to investigate the alleged violation. (3) Multiple .—

“multiple” applies in that section

The term “multiple” means more than 100 electronic mail messages during a 24-hour period, more than 1,000 electronic mail messages during a 30-day period, or more than 10,000 electronic mail messages during a 1-year period. (4) Other terms .— Any other term has the meaning given that term by section 3 of the CAN-SPAM Act of 2003.

“confidential phone records information” applies in that section

The term “confidential phone records information” means information that— (A) relates to the quantity, technical configuration, type, destination, location, or amount of use of a service offered by a covered entity, subscribed to by any customer of that covered entity, and kept by or on behalf of that covered entity solely by virtue of the relationship between that covered entity and the customer; (B) is made available to a covered entity by a customer solely by virtue of the relationship between that covered entity and the customer; or (C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the …

“covered entity” applies in that section

The term “covered entity”— (A) has the same meaning given the term “telecommunications carrier” in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (B) includes any provider of IP-enabled voice service. (3) Customer .—

“customer” applies in that section

The term “customer” means, with respect to a covered entity, any individual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service. (4) IP- enabled voice service .—

“IP-enabled voice service” applies in that section

The term “IP-enabled voice service” means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network.

“benefit” applies in that section

the term “benefit” means any record, voucher, payment, money or thing of value, good, service, right, or privilege provided by the United States, a State or local government, or other entity.

“State” applies in that section

the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. Violations of this section may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been committed, or in which the person was held in custody or confinement, or in which an avoidance of service of process or a contempt referred to in clause (3) of the first paragraph of this section is alleged to have been committed, and only upon formal approval in writing by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General of the United States, …

“American vessel” applies throughout its chapter

The term “American vessel” means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if such vessel is owned by, chartered to, or otherwise controlled by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State.

“gambling establishment” applies throughout its chapter

The term “gambling establishment” means any common gaming or gambling establishment operated for the purpose of gaming or gambling, including accepting, recording, or registering bets, or carrying on a policy game or any other lottery, or playing any game of chance, for money or other thing of value.

“gambling ship” applies throughout its chapter

The term “gambling ship” means a vessel used principally for the operation of one or more gambling establishments. Such term does not include a vessel with respect to gambling aboard such vessel beyond the territorial waters of the United States during a covered voyage (as defined in section 4472 of the Internal Revenue Code of 1986 as in effect on January 1, 1994 ).

“vessel” applies throughout its chapter

The term “vessel” includes every kind of water and air craft or other contrivance used or capable of being used as a means of transportation on water, or on water and in the air, as well as any ship, boat, barge, or other water craft or any structure capable of floating on the water.

“wire communication facility” applies throughout its chapter

The term “wire communication facility” means any and all instrumentalities, personnel, and services (among other things, the receipt, forwarding, or delivery of communications) used or useful in the transmission of writings, signs, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission.

“State” applies in that section

the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a commonwealth, territory or possession of the United States.

“children” applies throughout its chapter

the term “children” means the plural and means individuals who have not attained the age of eighteen years;

“ethnic group” applies throughout its chapter

the term “ethnic group” means a set of individuals whose identity as such is distinctive in terms of common cultural traditions or heritage;

“incites” applies throughout its chapter

the term “incites” means urges another to engage imminently in conduct in circumstances under which there is a substantial likelihood of imminently causing such conduct;

“members” applies throughout its chapter

the term “members” means the plural;

“national group” applies throughout its chapter

the term “national group” means a set of individuals whose identity as such is distinctive in terms of nationality or national origins;

“racial group” applies throughout its chapter

the term “racial group” means a set of individuals whose identity as such is distinctive in terms of physical characteristics or biological descent;

“religious group” applies throughout its chapter

the term “religious group” means a set of individuals whose identity as such is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals; and;

“substantial part” applies throughout its chapter

the term “substantial part” means a part of a group of such numerical significance that the destruction or loss of that part would cause the destruction of the group as a viable entity within the nation of which such group is a part.

“assault” applies in that section

the term “assault” has the same meaning as given that term in section 113;

“child” applies in that section

the term “child” means a person who has not attained the age of 18 years and is— (A) under the perpetrator’s care or control; or (B) at least six years younger than the perpetrator;

“child abuse” applies in that section

the term “child abuse” means intentionally or knowingly causing death or serious bodily injury to a child;

“pattern or practice of assault or torture” applies in that section

the term “pattern or practice of assault or torture” means assault or torture engaged in on at least two occasions;

“serious bodily injury” applies in that section

the term “serious bodily injury” has the meaning set forth in section 1365; and;

“torture” applies in that section

the term “torture” means conduct, whether or not committed under the color of law, that otherwise satisfies the definition set forth in section 2340(1).

“State” applies in that section

the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

“Indian” applies in that section

the term “Indian” means any individual who is a member of an Indian tribe, or for the purposes of this section is certified as an Indian artisan by an Indian tribe;

“Indian arts and crafts organization” applies in that section

the term “Indian arts and crafts organization” means any legally established arts and crafts marketing organization composed of members of Indian tribes. (d) In the event that any provision of this section is held invalid, it is the intent of Congress that the remaining provisions of this section shall continue in full force and effect.

“Indian product” applies in that section

the terms “Indian product” and “product of a particular Indian tribe or Indian arts and crafts organization” has the meaning given such term in regulations which may be promulgated by the Secretary of the Interior;

“Indian tribe” applies in that section

the term “Indian tribe”— (A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); 1 and (B) includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by— (i) a State legislature; (ii) a State commission; or (iii) another similar organization vested with State legislative tribal recognition authority; and;

“product of a particular Indian tribe or Indian arts and crafts organization” applies in that section

the terms “Indian product” and “product of a particular Indian tribe or Indian arts and crafts organization” has the meaning given such term in regulations which may be promulgated by the Secretary of the Interior;

“Indian tribal organization” applies in that section

the term “Indian tribal organization” means any tribe, band, or community of Indians which is subject to the laws of the United States relating to Indian affairs or any corporation, association, or group which is organized under any of such laws.

“national of the United States” applies in that section

the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ). (f) In the course of enforcement of subsection (a)(4) and any other sections prohibiting a conspiracy or attempt to violate subsection (a)(4), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

“State” applies in that section

the term “State” has the meaning set forth in section 245(d) of this title .

“national of the United States” applies in that section

the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ).

“child” applies in that section

the term “child” means a person who has not attained the age of 16 years; and (2) the term “parental rights”, with respect to a child, means the right to physical custody of the child— (A) whether joint or sole (and includes visiting rights); and (B) whether arising by operation of law, court order, or legally binding agreement of the parties.

“savings promotion raffle” applies in that section

the term “savings promotion raffle” means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )).

“scheme or artifice to defraud” applies throughout its chapter

the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.

“foreign official” applies in that section

The term “foreign official” means— (A) (i) any official or employee of a foreign government or any department, agency, or instrumentality thereof; or (ii) any senior foreign political figure, as defined in section 1010.605 of title 31, Code of Federal Regulations, or any successor regulation; (B) any official or employee of a public international organization; (C) any person acting in an official capacity for or on behalf of— (i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or (ii) a public international organization. (2) Public international organization .—

“public international organization” applies in that section

The term “public international organization” means— (A) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 ); or (B) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of the order in the Federal Register.

“bodily injury” applies in that section

the term “bodily injury” means— (A) a cut, abrasion, bruise, burn, or disfigurement; (B) physical pain; (C) illness; (D) impairment of the function of a bodily member, organ, or mental faculty; or (E) any other injury to the body, no matter how temporary.

“communicates false information” applies in that section

the term “communicates false information” means communicates information that is false and that the communicator knows is false, under circumstances in which the information may reasonably be expected to be believed. (d) Whoever knowingly threatens, under circumstances in which the threat may reasonably be expected to be believed, that conduct that, if it occurred, would violate subsection (a) of this section will occur, shall be fined under this title or imprisoned not more than five years, or both.

“consumer product” applies in that section

the term “consumer product” means— (A) any “food”, “drug”, “device”, or “cosmetic”, as those terms are respectively defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ); or (B) any article, product, or commodity which is customarily produced or distributed for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which is designed to be consumed or expended in the course of such consumption or use;

“labeling” applies in that section

the term “labeling” has the meaning given such term in section 201(m) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(m) );

“serious bodily injury” applies in that section

the term “serious bodily injury” means bodily injury which involves— (A) a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and;

“writing” applies in that section

the term “writing” means any form of representation or communication, including hand-bills, notices, or advertising, that contain letters, words, or pictorial representations. (g) In addition to any other agency which has authority to investigate violations of this section, the Food and Drug Administration and the Department of Agriculture, respectively, have authority to investigate violations of this section involving a consumer product that is regulated by a provision of law such Administration or Department, as the case may be, administers. (h) As used in this section—;

“energy facility” applies in that section

the term “energy facility” means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in section 60101 of title 49 .

“police animal” applies in that section

the term “police animal” means a dog or horse employed by a Federal agency (whether in the executive, legislative, or judicial branch) for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders.

“key” applies in that section

the term “key” means any key, keyblank, or keyway adopted by any part of the Department of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment.

“Armed Forces” applies in that section

the term “Armed Forces” has the meaning given the term in section 101 of title 10 and includes members and former members of the National Guard who were employed in the service of the United States; and;

“immediate family” applies in that section

the term “immediate family” means, with respect to a person, the immediate family members of such person, as such term is defined in section 115 of this title .

“Armed Forces” applies in that section

the term “Armed Forces” has the meaning given that term in section 1388;

“immediate family member” applies in that section

the term “immediate family member” has the meaning given that term in section 115; and;

“United States serviceman” applies in that section

the term “United States serviceman”— (A) means a member of the Armed Forces; and (B) includes a former member of the Armed Forces during the 5-year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.

“visual depiction” applies in that section

the term “visual depiction” includes undeveloped film and videotape but does not include mere words.

“engaged in the business” applies in that section

the term “engaged in the business” means that the person who produces 1 sells or transfers or offers to sell or transfer obscene matter devotes time, attention, or labor to such activities, as a regular course of trade or business, with the objective of earning a profit, although it is not necessary that the person make a profit or that the production, selling or transferring or offering to sell or transfer such material be the person’s sole or principal business or source of income.

“sexually explicit conduct” applies in that section

the term “sexually explicit conduct” has the meaning given the term in section 2256(2)(A) or 2256(2)(B); and (3) the term “graphic”, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.

“visual depiction” applies in that section

the term “visual depiction” includes undeveloped film and videotape, and data stored on a computer disk or by electronic means which is capable of conversion into a visual image, and also includes any photograph, film, video, picture, digital image or picture, computer image or picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means;

“distribute” applies in that section

the term “distribute” means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, or to produce or provide material for such distribution. (c) Nothing in this chapter, or the Cable Communications Policy Act of 1984, or any other provision of Federal law, is intended to interfere with or preempt the power of the States, including political subdivisions thereof, to regulate the uttering of language that is obscene or otherwise unprotected by the Constitution or the distribution of matter that is obscene or otherwise unprotected by the Constitution, of any sort, by means of cable television or subscription services on television.

“an officer of a financial institution” applies in that section

the term “an officer of a financial institution” means an officer, director, partner, employee, agent, or attorney of or for a financial institution; and;

“criminal investigator” applies in that section

the term “criminal investigator” means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States.

“subpoena for records” applies in that section

the term “subpoena for records” means a Federal grand jury subpoena, a subpoena issued under section 3486 of this title , or an order or subpoena issued in accordance with section 3512 of this title , section 5318 of title 31 , or section 1782 of title 28 , for customer records that has been served relating to a violation of, or a conspiracy to violate— (i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, 1957, 1960, an offense against a foreign nation constituting specified unlawful activity under section 1956, a foreign offense for which enforcement of a foreign forfeiture judgment could be brought under section 2467 of title 28 , or chapter 53 of title 31; or (ii) section 1341 …

“course of conduct” applies in that section

the term “course of conduct” means a series of acts over a period of time, however short, indicating a continuity of purpose;

“harassment” applies in that section

the term “harassment” means a serious act or course of conduct directed at a specific person that— (i) causes substantial emotional distress in such person; and (ii) serves no legitimate purpose;

“immediate family member” applies in that section

the term “immediate family member” has the meaning given that term in section 115 and includes grandchildren;

“intimidation” applies in that section

the term “intimidation” means a serious act or course of conduct directed at a specific person that— (i) causes fear or apprehension in such person; and (ii) serves no legitimate purpose;

“restricted personal information” applies in that section

the term “restricted personal information” has the meaning give 1 that term in section 119;

“serious act” applies in that section

the term “serious act” means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a Federal criminal case or investigation; and;