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

“specific person” applies in that section

the term “specific person” means a victim or witness in a Federal criminal case or investigation, and includes an immediate family member of such a victim or witness. (2) For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that specific person, is for news reporting purposes, is designed to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-authorized …

“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; and (6) the term “corruptly persuades” does not include conduct which would be misleading conduct but for a lack of a state of mind. (b) As used in section 1505,

“corruptly” applies in that section

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. (c) 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.

“law enforcement officer” applies in that section

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— (A) authorized under law to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or (B) serving as a probation or pretrial services officer under this title;

“misleading conduct” applies in that section

the term “misleading conduct” means— (A) knowingly making a false statement; (B) 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; (C) with intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity; (D) 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 (E) knowingly using a trick, scheme, or …

“official proceeding” applies in that section

the term “official proceeding” means— (A) 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; (B) a proceeding before the Congress; (C) a proceeding before a Federal Government agency which is authorized by law; or (D) 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 …

“physical force” applies in that section

the term “physical force” means physical action against another, and includes confinement;

“Federal auditor” applies in that section

the term “Federal auditor” means any person employed on a full- or part-time or contractual basis to perform an audit or a quality assurance inspection for or on behalf of the United States; and;

“in any 1 year period” applies in that section

the term “in any 1 year period” has the meaning given to the term “in any one-year period” in section 666.

“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 for prosecutions for violations of health care offenses.

“partial-birth abortion” applies in that section

the term “partial-birth abortion” means an abortion in which the person performing the abortion— (A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and (B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus; and;

“physician” applies in that section

the term “physician” means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.

“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.

“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.

“abuse or threatened abuse of law or legal process” applies in that section

The term “abuse or threatened abuse of law or legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.;

“serious harm” applies in that section

The term “serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm. (d) Whoever violates this section shall be fined under this title, imprisoned not more than 20 years, or both.

“abuse or threatened abuse of law or legal process” applies in that section

The term “abuse or threatened abuse of law or legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.;

“coercion” applies in that section

The term “coercion” means— (A) threats of serious harm to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (C) the abuse or threatened abuse of law or the legal process.;

“commercial sex act” applies in that section

The term “commercial sex act” means any sex act, on account of which anything of value is given to or received by any person.;

“participation in a venture” applies in that section

The term “participation in a venture” means knowingly assisting, supporting, or facilitating a violation of subsection (a)(1).;

“serious harm” applies in that section

The term “serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm.;

“venture” applies in that section

The term “venture” means any group of two or more individuals associated in fact, whether or not a legal entity.

“full amount of the victim’s losses” applies in that section

the term “full amount of the victim’s losses” has the same meaning as provided in section 2259(c)(2) and shall in addition include the greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act ( 29 U.S.C. 201 et seq.). (4) The forfeiture of property under this subsection shall be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act ( 21 U.S.C. 853 ). (c) As used in this section,

“victim” applies in that section

the term “victim” means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian.

“ballistic knife” applies in that section

the term “ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism. (j) (1) Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon, or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by this section, unless in accordance with the rules and regulations authorized to be prescribed by the Postal Service, shall be fined under this title or imprisoned not more than one year, or both.

“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.

“adult” applies in that section

the term “adult” means an individual who is not less than 21 years of age; and;

“consumer testing” applies in that section

the term “consumer testing” means testing limited to formal data collection and analysis for the specific purpose of evaluating the product for quality assurance and benchmarking purposes of cigarette brands or sub-brands among existing adult smokers. (6) Federal government agencies .— An agency of the Federal Government involved in the consumer testing of tobacco products solely for public health purposes may mail cigarettes under the same requirements, restrictions, and rules and procedures that apply to consumer testing mailings of cigarettes by manufacturers under paragraph (5), except that the agency shall not be required to pay the recipients for participating in the consumer testing.

“minor” applies in that section

the term “minor” means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as determined by applicable law at the place the individual is located. (4) Certain individuals.— (A) In general .— Subsection (a) shall not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes, including the return of a damaged or unacceptable tobacco product to the manufacturer.

“State” applies in that section

the term “State” has the meaning given that term in section 1716(k).

“sexually related mail matter” applies in that section

the term “sexually related mail matter” means any matter which is within the scope of section 3008(a) or 3010(d) of title 39.

“other person protected by the Secret Service” applies in that section

the term “other person protected by the Secret Service” means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection.

“restricted buildings or grounds” applies in that section

the term “restricted buildings or grounds” means any posted, cordoned off, or otherwise restricted area— (A) of the White House or its grounds, or the Vice President’s official residence or its grounds; (B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or (C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and;

“State” applies in that section

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

“prison” applies in that section

the term “prison” means a Federal correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General.

“prohibited object” applies in that section

the term “prohibited object” means— (A) a firearm or destructive device or a controlled substance in schedule I or II, other than marijuana or a controlled substance referred to in subparagraph (C) of this subsection; (B) marijuana or a controlled substance in schedule III, other than a controlled substance referred to in subparagraph (C) of this subsection, ammunition, a weapon (other than a firearm or destructive device), or an object that is designed or intended to be used as a weapon or to facilitate escape from a prison; (C) a narcotic drug, methamphetamine, its salts, isomers, and salts of its isomers, lysergic acid diethylamide, or phencyclidine; (D) a controlled substance (other …

“a private area of the individual” applies in that section

the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;

“broadcast” applies in that section

the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons;

“female breast” applies in that section

the term “female breast” means any portion of the female breast below the top of the areola; and;

“employee” applies in that section

the term “employee” includes any individual performing work as a contractor or consultant for an employer. (5) Rule of construction .— Except as expressly provided for under this subsection, nothing in this subsection shall be construed to authorize, or limit liability for, an act that is otherwise prohibited by law, such as the unlawful access of material by unauthorized means.

“foreign agent” applies throughout its chapter

the term “foreign agent” means any officer, employee, proxy, servant, delegate, or representative of a foreign government;

“foreign instrumentality” applies throughout its chapter

the term “foreign instrumentality” means any agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government;

“improper means” applies throughout its chapter

the term “improper means”— (A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and (B) does not include reverse engineering, independent derivation, or any other lawful means of acquisition; and;

“misappropriation” applies throughout its chapter

the term “misappropriation” means— (A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (B) disclosure or use of a trade secret of another without express or implied consent by a person who— (i) used improper means to acquire knowledge of the trade secret; (ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was— (I) derived from or through a person who had used improper means to acquire the trade secret; (II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or …

“trade secret” applies throughout its chapter

the term “trade secret” means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if— (A) the owner thereof has taken reasonable measures to keep such information secret; and (B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through …

“Trademark Act of 1946” applies throughout its chapter

the term “Trademark Act of 1946” means the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes 1 , approved July 5, 1946 ( 15 U.S.C. 1051 et seq.) (commonly referred to as the ‘Trademark Act of 1946’ or the ‘Lanham Act’)” 1 .

“child in utero” applies in that section

the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

“child, who is in utero” applies in that section

the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

“unborn child” applies in that section

the term “unborn child” means a child in utero, and

“avoidance costs” applies in that section

the term “avoidance costs” means costs incurred by any individual for the purpose of— (A) detecting a hazardous or injurious device; or (B) preventing death, serious bodily injury, bodily injury, or property damage likely to result from the use of a hazardous or injurious device in violation of subsection (a). (e) Any person injured as the result of a violation of subsection (a) may commence a civil action on his own behalf against any person who is alleged to be in violation of subsection (a). The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, in such civil actions.

“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;

“hazardous or injurious device” applies in that section

the term “hazardous or injurious device” means a device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement.

“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; and (D) protracted loss or impairment of the function of bodily member, organ, or mental faculty;

“classified information of the United States” applies in that section

the term “classified information of the United States” means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.

“commerce” applies in that section

The term “commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction. (c) This section shall not be construed to repeal, modify or affect section 17 of Title 15 , sections 52, 101–115, 151–166 of Title 29 or sections 151–188 of Title 45.

“extortion” applies in that section

The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.;

“robbery” applies in that section

The term “robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.;

“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 )).

“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. (c) Investigations of violations under this section involving liquor shall be conducted under the supervision of the Attorney General. (d) If the offense under this section involves an act described in paragraph (1) or (3) of subsection (a) and also involves a pre-retail medical product (as defined in section 670), the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under subsection (a) is greater.

“foreign country” applies in that section

the term “foreign country” means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions); (2) the term “insured credit union” shall have the meaning given the term in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); (3) the term “insured depository institution” shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 );

“lottery” applies in that section

the term “lottery”— (A) means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers; and (B) does not include the placing or accepting of bets or wagers on sporting events or contests;

“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 )); and;

“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 any territory or possession of the United States.

“conducts” applies in that section

the term “conducts” includes initiating, concluding, or participating in initiating, or concluding a transaction;

“financial institution” applies in that section

the term “financial institution” includes— (A) any financial institution, as defined in section 5312(a)(2) of title 31 , United States Code, or the regulations promulgated thereunder; and (B) any foreign bank, as defined in section 1 of the International Banking Act of 1978 ( 12 U.S.C. 3101 );

“financial transaction” applies in that section

the term “financial transaction” means (A) a transaction which in any way or degree affects interstate or foreign commerce (i) involving the movement of funds by wire or other means or (ii) involving one or more monetary instruments, or (iii) involving the transfer of title to any real property, vehicle, vessel, or aircraft, or (B) a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree;

“monetary instruments” applies in that section

the term “monetary instruments” means (i) coin or currency of the United States or of any other country, travelers’ checks, personal checks, bank checks, and money orders, or (ii) investment securities or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery;

“proceeds” applies in that section

the term “proceeds” means any property derived from or obtained or retained, directly or indirectly, through some form of unlawful activity, including the gross receipts of such activity. (d) Nothing in this section shall supersede any provision of Federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this section.

“represented” applies in that section

the term “represented” means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section. (b) Penalties.— (1) In general .— Whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of— (A) the value of the property, funds, or monetary instruments involved in the transaction; or (B) $10,000.

“specified unlawful activity” applies in that section

the term “specified unlawful activity” means— (A) any act or activity constituting an offense listed in section 1961(1) of this title except an act which is indictable under subchapter II of chapter 53 of title 31; (B) with respect to a financial transaction occurring in whole or in part in the United States, an offense against a foreign nation involving— (i) the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined for the purposes of the Controlled Substances Act); (ii) murder, kidnapping, robbery, extortion, destruction of property by means of explosive or fire, or a crime of violence (as defined in section 16); (iii) fraud, or any scheme or …

“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; and;

“transaction” applies in that section

the term “transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;

“criminally derived property” applies in that section

the term “criminally derived property” means any property constituting, or derived from, proceeds obtained from a criminal offense; and (3) the terms “specified unlawful activity” and “proceeds” shall have the meaning given those terms in section 1956 of this title .

“monetary transaction” applies in that section

the term “monetary transaction” means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument (as defined in section 1956(c)(5) of this title ) by, through, or to a financial institution (as defined in section 1956 of this title ), including any transaction that would be a financial transaction under section 1956(c)(4)(B) of this title , but such term does not include any transaction necessary to preserve a person’s right to representation as guaranteed by the sixth amendment to the Constitution;

“money transmitting” applies in that section

the term “money transmitting” includes transferring funds on behalf of the public by any and all means including but not limited to transfers within this country or to locations abroad by wire, check, draft, facsimile, or courier; and;

“State” applies in that section

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

“unlicensed money transmitting business” applies in that section

the term “unlicensed money transmitting business” means a money transmitting business which affects interstate or foreign commerce in any manner or degree and— (A) is operated without an appropriate money transmitting license in a State where such operation is punishable as a misdemeanor or a felony under State law, whether or not the defendant knew that the operation was required to be licensed or that the operation was so punishable; (B) fails to comply with the money transmitting business registration requirements under section 5330 of title 31 , United States Code, or regulations prescribed under such section; or (C) otherwise involves the transportation or transmission of funds that …

“biological agent” applies in that section

the term “biological agent” has the meaning given to that term in section 178(1);

“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, including a pocket knife with a blade of less than 2½ inches in length and a box cutter;

“destructive device” applies in that section

the term “destructive device” has the meaning given to that term in section 921(a)(4);

“destructive substance” applies in that section

the term “destructive substance” means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term “radioactive device” does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes;

“hazardous material” applies in that section

the term “hazardous material” has the meaning given to that term in chapter 51 of title 49;

“high-level radioactive waste” applies in that section

the term “high-level radioactive waste” has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(12) );

“mass transportation” applies in that section

the term “mass transportation” has the meaning given to that term in section 5302(a)(7) 2 of title 49, except that the term includes intercity bus transportation 3 school bus, charter, and sightseeing transportation and passenger vessel as that term is defined in section 2101 of title 46 , United States Code;

“on-track equipment” applies in that section

the term “on-track equipment” means a carriage or other contrivance that runs on rails or electromagnetic guideways;

“railroad” applies in that section

the term “railroad” has the meaning given to that term in chapter 201 of title 49;

“railroad carrier” applies in that section

the term “railroad carrier” has the meaning given to that term in chapter 201 of title 49;

“railroad on-track equipment” applies in that section

the term “railroad on-track equipment” means a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier;

“serious bodily injury” applies in that section

the term “serious bodily injury” has the meaning given to that term in section 1365;

“spent nuclear fuel” applies in that section

the term “spent nuclear fuel” has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101(23) );

“State” applies in that section

the term “State” has the meaning given to that term in section 2266;

“toxin” applies in that section

the term “toxin” has the meaning given to that term in section 178(2); and;

“vehicle” applies in that section

the term “vehicle” means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air.

“riot” applies throughout its chapter

the term “riot” means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or …

“to incite a riot” applies throughout its chapter

the term “to incite a riot”, or “to organize, promote, encourage, participate in, or carry on a riot”, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.

“to organize, promote, encourage, participate in, or carry on a riot” applies throughout its chapter

the term “to incite a riot”, or “to organize, promote, encourage, participate in, or carry on a riot”, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.

“bank” applies in that section

the term “bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), and any institution the deposits of which are insured by the Federal Deposit Insurance Corporation. (g) As used in this section

“credit union” applies in that section

the term “credit union” means any Federal credit union and any State-chartered credit union the accounts of which are insured by the National Credit Union Administration Board, and any “Federal credit union” as defined in section 2 of the Federal Credit Union Act.

“savings and loan association” applies in that section

the term “savings and loan association” means— (1) a Federal savings association or State savings association (as defined in section 3(b) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(b) )) having accounts insured by the Federal Deposit Insurance Corporation; and (2) a corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(b)(1)(C) ) that is operating under the laws of the United States.

“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. (h) As used in this section,

“business premises or property” applies in that section

the term “business premises or property” includes conveyances and storage facilities; and;

“controlled substance” applies in that section

the term “controlled substance” has the meaning prescribed for that term by section 102 of the Controlled Substances Act;

“significant bodily injury” applies in that section

the term “significant bodily injury” means bodily injury which involves a risk of death, significant physical pain, protracted and obvious disfigurement, or a protracted loss or impairment of the function of a bodily member, organ, or mental or sensory faculty.

“Federal law enforcement officer” applies in that section

the term “Federal law enforcement officer” has the meaning given the term in section 115(c);

“heave to” applies in that section

the term “heave to” means to cause a vessel to slow, come to a stop, or adjust its course or speed to account for the weather conditions and sea state to facilitate a law enforcement boarding;

“transportation under inhumane conditions” applies in that section

the term “transportation under inhumane conditions” means— (A) transportation— (i) of one or more persons in an engine compartment, storage compartment, or other confined space; (ii) at an excessive speed; or (iii) of a number of persons in excess of the rated capacity of the vessel; or (B) intentional grounding of a vessel in which persons are being transported.

“vessel of the United States” applies in that section

the term “vessel of the United States” has the meaning given the term in section 70502 of title 46 ; and;

“vessel subject to the jurisdiction of the United States” applies in that section

the term “vessel subject to the jurisdiction of the United States” has the meaning given the term in section 70502 of title 46 ;

“Federal law enforcement officer” applies throughout its chapter

the term “Federal law enforcement officer” has the meaning given the term in section 115.

“official detention” applies throughout its chapter

the term “official detention” means— (A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or (B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any …

“prison” applies throughout its chapter

the term “prison” means a correctional, detention, or penal facility;

“serious bodily injury” applies throughout its chapter

the term “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;

“sexual act” applies throughout its chapter

the term “sexual act” means— (A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, …

“sexual contact” applies throughout its chapter

the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

“State” applies throughout its chapter

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

“prior sex offense conviction” applies in that section

the term “prior sex offense conviction” has the meaning given that term in section 2426(b).

“full amount of the victim’s losses” applies in that section

the term “full amount of the victim’s losses” includes any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, plus any costs incurred in obtaining a civil protection order; and (F) any other losses suffered by the victim as a proximate result of the offense. (4) Order mandatory .— (A) The issuance of a restitution order under this section is mandatory.

“victim” applies in that section

the term “victim” means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.

“material that is harmful to minors” applies in that section

the term “material that is harmful to minors” means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context— (1) predominantly appeals to a prurient interest of minors; (2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (3) lacks serious literary, artistic, political, or scientific value for minors. (e) For the purposes of subsection (d),

“sex” applies in that section

the term “sex” means acts of masturbation, sexual intercourse, or physcial 1 contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.

“material that is harmful to minors” applies in that section

the terms “material that is harmful to minors” and “sex” have the meaning given such terms in section 2252B; and;

“sex” applies in that section

the terms “material that is harmful to minors” and “sex” have the meaning given such terms in section 2252B; and;

“source code” applies in that section

the term “source code” means the combination of text and other characters comprising the content, both viewable and nonviewable, of a web page, including any website publishing language, programming language, protocol or functional content, as well as any successor languages or protocols.

“actual sexually explicit conduct” applies in that section

the term “actual sexually explicit conduct” means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title ;

“copy” applies in that section

the term “copy” includes every page of a website on which matter described in subsection (a) appears. (2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.

“performer” applies in that section

the term “performer” includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct. (i) Whoever violates this section shall be imprisoned for not more than 5 years, and fined in accordance with the provisions of this title, or both. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.

“produces” applies in that section

the term “produces”— (A) means— (i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; (ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or (iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, 1 of a computer site or service that …

“copy” applies in that section

the term “copy” includes every page of a website on which matter described in subsection (a) appears. (2) If the person to whom subsection (a) applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.

“performer” applies in that section

the terms “produces” and “performer” have the same meaning as in section 2257(h) of this title . (h) (1) The provisions of this section and section 2257 shall not apply to matter, or any image therein, containing one or more visual depictions of simulated sexually explicit conduct, or actual sexually explicit conduct as described in clause (v) of section 2256(2)(A), if such matter— (A) (i) is intended for commercial distribution; (ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including …

“produces” applies in that section

the terms “produces” and “performer” have the same meaning as in section 2257(h) of this title . (h) (1) The provisions of this section and section 2257 shall not apply to matter, or any image therein, containing one or more visual depictions of simulated sexually explicit conduct, or actual sexually explicit conduct as described in clause (v) of section 2256(2)(A), if such matter— (A) (i) is intended for commercial distribution; (ii) is created as a part of a commercial enterprise by a person who certifies to the Attorney General that such person regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including …

“attorney for the government” applies in that section

the terms “attorney for the government” and “State” have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure;

“electronic communication service” applies in that section

the term “electronic communication service” has the meaning given that term in section 2510;

“electronic mail address” applies in that section

the term “electronic mail address” has the meaning given that term in section 3 of the CAN–SPAM Act of 2003 ( 15 U.S.C. 7702 );

“Internet” applies in that section

the term “Internet” has the meaning given that term in section 1101 of the Internet Tax Freedom Act ( 47 U.S.C. 151 note);

“NCMEC” applies in that section

the term “NCMEC” means the National Center for Missing & Exploited Children; and;

“provider” applies in that section

the term “provider” means an electronic communication service provider or remote computing service;

“remote computing service” applies in that section

the term “remote computing service” has the meaning given that term in section 2711;

“State” applies in that section

the terms “attorney for the government” and “State” have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure;

“website” applies in that section

the term “website” means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.

“child pornography production” applies in that section

the term “child pornography production” means conduct proscribed by subsections (a) through (c) of section 2251, section 2251A, section 2252A(g) (in cases in which the series of felony violations involves at least 1 of the violations listed in this subsection), section 2260(a), or any offense under chapter 109A or chapter 117 that involved the production of child pornography (as such term is defined in section 2256). (2) Full amount of the victim’s losses .— For purposes of this subsection,

“full amount of the victim’s losses” applies in that section

the term “full amount of the victim’s losses” includes any costs incurred, or that are reasonably projected to be incurred in the future, by the victim, as a proximate result of the offenses involving the victim, and in the case of trafficking in child pornography offenses, as a proximate result of all trafficking in child pornography offenses involving the same victim, including— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) reasonable attorneys’ fees, as well as other costs incurred; and (F) any other …

“trafficking in child pornography” applies in that section

the term “trafficking in child pornography” means conduct proscribed by section 2251(d), 2252, 2252A(a)(1) through (5), 2252A(g) (in cases in which the series of felony violations exclusively involves violations of section 2251(d), 2252, 2252A(a)(1) through (5), or 2260(b)), or 2260(b). (4) Victim .— For purposes of this section,

“victim” applies in that section

the term “victim” means the individual harmed as a result of a commission of a crime under this chapter. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, may assume the crime victim’s rights under this section, but in no event shall the defendant be named as such representative or guardian.

“full amount of the victim’s losses” applies in that section

the term “full amount of the victim’s losses” includes any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, plus any costs incurred in obtaining a civil protection order; (F) veterinary services relating to physical care for the victim’s pet, service animal, emotional support animal, or horse; and (G) any other losses suffered by the victim as a proximate result of the offense.

“victim” applies in that section

the term “victim” means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.

“prior domestic violence or stalking offense” applies in that section

the term “prior domestic violence or stalking offense” means a conviction for an offense— (A) under section 2261, 2261A, or 2262 of this chapter; or (B) under State or tribal law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce; and;

“State” applies in that section

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

“bodily injury” applies throughout its chapter

The term “bodily injury” means any act, except one done in self-defense, that results in physical injury or sexual abuse. (2) Course of conduct .—

“course of conduct” applies throughout its chapter

The term “course of conduct” means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose. (3) Enter or leave indian country .—

“emotional support animal” applies throughout its chapter

The term “emotional support animal” means an animal that is covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation), and that is not a service animal. (13) Service animal .—