r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE wiki — defined terms
The statute’s own glossary: every term Title 18 defines, in section order.
“enter or leave Indian country” applies throughout its chapter
The term “enter or leave Indian country” includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government. (4) Indian country .—
“Indian country” applies throughout its chapter
The term “Indian country” has the meaning stated in section 1151 of this title . (5) Protection order .—
“pet” applies throughout its chapter
The term “pet” means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes. (12) Emotional support animal .—
“protection order” applies throughout its chapter
The term “protection order” includes— (A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (B) any support, child custody or visitation provisions, orders, …
“serious bodily injury” applies throughout its chapter
The term “serious bodily injury” has the meaning stated in section 2119(2). (7) Spouse or intimate partner .—
“service animal” applies throughout its chapter
The term “service animal” has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or a successor regulation).
“spouse or intimate partner” applies throughout its chapter
The term “spouse or intimate partner” includes— (A) for purposes of— (i) sections other than 2261A— (I) a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; or (II) a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship; and (ii) section 2261A— (I) a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, …
“State” applies throughout its chapter
The term “State” includes a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States. (9) Travel in interstate or foreign commerce .— The term “travel in interstate or foreign commerce” does not include travel from 1 State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member. (10) Dating partner .— The term “dating partner” refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser.
“labor dispute” applies in that section
the term “labor dispute” has the meaning set forth in section 13(c) of the Norris-LaGuardia Act, as amended ( 29 U.S.C. 113(c) ). (d) Definitions .— As used in this section, section 2280a, section 2281, and section 2281a, the term— (1) “applicable treaty” means— (A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970; (B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971; (C) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on …
“labor dispute” applies in that section
the term “labor dispute” has the meaning set forth in section 13(c) of the Norris-LaGuardia Act, as amended ( 29 U.S.C. 113(c) ), and
“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. (d) Definitions .— In this section— “continental shelf” means the sea-bed and subsoil of the submarine areas that extend beyond a country’s territorial sea to the limits provided by customary international law as reflected in Article 76 of the 1982 Convention on the Law of the Sea. “fixed platform” means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.
“dangerous substance” applies in that section
The term “dangerous substance” means any solid, liquid, or gaseous material that has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel.;
“device” applies in that section
The term “device” means any object that, because of its physical, mechanical, structural, or chemical properties, has the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navigation of a vessel.
“biological agent” applies in that section
The term “biological agent” means any biological agent, toxin, or vector (as those terms are defined in section 178). (2) By-product material .—
“by-product material” applies in that section
The term “by-product material” has the meaning given that term in section 11(e) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(e) ). (3) Chemical weapon .—
“chemical weapon” applies in that section
The term “chemical weapon” has the meaning given that term in section 229F(1). (4) Explosive or incendiary device .—
“explosive or incendiary device” applies in that section
The term “explosive or incendiary device” has the meaning given the term in section 232(5) and includes explosive materials, as that term is defined in section 841(c) and explosive as defined in section 844(j). (5) Nuclear material .—
“nuclear material” applies in that section
The term “nuclear material” has the meaning given that term in section 831(f)(1). 1 (6) Radioactive material .—
“radioactive material” applies in that section
The term “radioactive material” means— (A) source material and special nuclear material, but does not include natural or depleted uranium; (B) nuclear by-product material; (C) material made radioactive by bombardment in an accelerator; or (D) all refined isotopes of radium. (8) 2 Source material .—
“source material” applies in that section
The term “source material” has the meaning given that term in section 11(z) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(z) ). (9) Special nuclear material .—
“special nuclear material” applies in that section
The term “special nuclear material” has the meaning given that term in section 11(aa) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(aa) ).
“terrorist” applies in that section
the term “terrorist” means any person who intends to commit, or is avoiding apprehension after having committed, an offense listed under section 2332b(g)(5)(B).
“labor dispute” applies in that section
The term “labor dispute” has the same meaning given that term in section 13(c) of the Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes ( 29 U.S.C. 113(c) , commonly known as the Norris-LaGuardia Act). (2) State .—
“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” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
“veterans’ memorial object” applies in that section
the term “veterans’ memorial object” means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance.
“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. For purposes of this section
“veterans’ memorial object” applies in that section
the term “veterans’ memorial object” means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance.
“counterfeit documentation or packaging” applies in that section
the term “counterfeit documentation or packaging” means documentation or packaging that appears to be genuine, but is not. (c) The circumstances referred to in subsection (a) of this section are— (1) the offense is committed within the special maritime and territorial jurisdiction of the United States; or within the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49 ); (2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense; (3) the counterfeit label or illicit label is affixed to, encloses, or accompanies, or is designed to be affixed to, enclose, or accompany— (A) a phonorecord of …
“counterfeit label” applies in that section
the term “counterfeit label” means an identifying label or container that appears to be genuine, but is not;
“documentation or packaging” applies in that section
the term “documentation or packaging” means documentation or packaging, in physical form, for a phonorecord, copy of a computer program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculptural work, or work of visual art; and;
“illicit label” applies in that section
the term “illicit label” means a genuine certificate, licensing document, registration card, or similar labeling component— (A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging is not counterfeit or infringing of any copyright; and (B) that is, without the authorization of the copyright owner— (i) distributed or intended for distribution not in connection with the copy, phonorecord, or work of visual art to which such labeling component was intended to be affixed …
“traffic” applies in that section
the term “traffic” has the same meaning as in section 2320(f) of this title ; (3) the terms “copy”, “phonorecord”, “motion picture”, “computer program”, “audiovisual work”, “literary work”, “pictorial, graphic, or sculptural work”, “sound recording”, “work of visual art”, and “copyright owner” have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17;
“financial gain” applies in that section
the term “financial gain” has the meaning given the term in section 101 of title 17 ; and;
“work being prepared for commercial distribution” applies in that section
the term “work being prepared for commercial distribution” has the meaning given the term in section 506(a) of title 17 .
“copy” applies in that section
the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and;
“fixed” applies in that section
the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and;
“musical work” applies in that section
the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and;
“phonorecord” applies in that section
the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and;
“reproduce” applies in that section
the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and;
“sound recordings” applies in that section
the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and;
“traffic” applies in that section
the term “traffic” has the same meaning as in section 2320(e) 1 of this title. (f) Applicability .— This section shall apply to any Act or Acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act.
“transmit” applies in that section
the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and;
“audiovisual recording device” applies in that section
The term “audiovisual recording device” means a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device.
“digital transmission service” applies in that section
the term “digital transmission service” means a service that has the primary purpose of publicly performing works by digital transmission; (3) the terms “publicly perform” and “public performance” refer to the exclusive rights of a copyright owner under paragraphs (4) and (6) of section 106 (relating to exclusive rights in copyrighted works) of title 17, as limited by sections 107 through 122 of title 17; and;
“work being prepared for commercial public performance” applies in that section
the term “work being prepared for commercial public performance” means— (A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized public performance— (i) the copyright owner has a reasonable expectation of commercial public performance; and (ii) the copies or phonorecords of the work have not been commercially publicly performed in the United States by or with the authorization of the copyright owner; or (B) a motion picture, if, at the time of unauthorized public performance, the motion picture— (i) (I) has been made available for viewing in a motion picture exhibition facility; and (II) has not been made …
“counterfeit mark” applies in that section
the term “counterfeit mark” means— (A) a spurious mark— (i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature; (ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; (iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is …
“counterfeit military good or service” applies in that section
the term “counterfeit military good or service” means a good or service that uses a counterfeit mark on or in connection with such good or service and that— (A) is falsely identified or labeled as meeting military specifications, or (B) is intended for use in a military or national security application;
“drug” applies in that section
the term “drug” means a drug, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (g) Limitation on Cause of Action .— Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.
“financial gain” applies in that section
the term “financial gain” includes the receipt, or expected receipt, of anything of value;
“Lanham Act” applies in that section
the term “Lanham Act” 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”, approved July 5, 1946 ( 15 U.S.C. 1051 et seq.);
“traffic” applies in that section
the term “traffic” means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of; and;
“chop shop” applies in that section
the term “chop shop” means any building, lot, facility, or other structure or premise where one or more persons engage in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing any passenger motor vehicle or passenger motor vehicle part which has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number or derivative thereof, of such vehicle or vehicle part and to distribute, sell, or dispose of such vehicle or vehicle part in interstate or foreign commerce.
“telemarketing or email marketing” applies throughout its chapter
the term “telemarketing or email marketing”— (1) means a plan, program, promotion, or campaign that is conducted to induce— (A) purchases of goods or services; (B) participation in a contest or sweepstakes; (C) a charitable contribution, donation, or gift of money or any other thing of value; (D) investment for financial profit; (E) participation in a business opportunity; (F) commitment to a loan; or (G) participation in a fraudulent medical study, research study, or pilot study, by use of one or more interstate telephone calls, emails, text messages, or electronic instant messages initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective …
“full amount of the victim’s losses” applies in that section
the term “full amount of the victim’s losses” means all 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. (B) A court may not decline to issue an order under this section because of— (i) the economic circumstances of the defendant; or (ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. (c) Victim Defined .— In this section,
“victim” applies in that section
the term “victim” has the meaning given that term in section 3663A(a)(2).
“act of war” applies throughout its chapter
the term “act of war” means any act occurring in the course of— (A) declared war; (B) armed conflict, whether or not war has been declared, between two or more nations; or (C) armed conflict between military forces of any origin;
“domestic terrorism” applies throughout its chapter
the term “domestic terrorism” means activities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily within the territorial jurisdiction of the United States; and (6) the term “military force” does not include any person that— (A) has been designated as a— (i) foreign terrorist organization by the Secretary of State under section 219 of the …
“international terrorism” applies throughout its chapter
the term “international terrorism” means activities that— (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by …
“national of the United States” applies throughout its chapter
the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act;
“person” applies throughout its chapter
the term “person” means any individual or entity capable of holding a legal or beneficial interest in property;
“national of the United States” applies in that section
the term “national of the United States” has the meaning given in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) );
“property” applies in that section
the term “property” includes all real and personal property.
“weapon of mass destruction” applies in that section
the term “weapon of mass destruction” means— (A) any destructive device as defined in section 921 of this title ; (B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors; (C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title ); or (D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and;
“conduct transcending national boundaries” applies in that section
the term “conduct transcending national boundaries” means conduct occurring outside of the United States in addition to the conduct occurring in the United States;
“facility of interstate or foreign commerce” applies in that section
the term “facility of interstate or foreign commerce” has the meaning given that term in section 1958(b)(2);
“Federal crime of terrorism” applies in that section
the term “Federal crime of terrorism” means an offense that— (A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and (B) is a violation of— (i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 or 175b (relating to biological weapons), 175c (relating to variola virus), 229 (relating to chemical weapons), subsection (a), (b), (c), or (d) of section 351 (relating to congressional, cabinet, and Supreme Court assassination and kidnaping), 831 (relating …
“serious bodily injury” applies in that section
the term “serious bodily injury” has the meaning given that term in section 1365(g)(3); 1;
“territorial sea of the United States” applies in that section
the term “territorial sea of the United States” means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; and;
“financial transaction” applies in that section
the term “financial transaction” has the same meaning as in section 1956(c)(4); and;
“United States person” applies in that section
the term “United States person” means any— (A) United States citizen or national; (B) permanent resident alien; (C) juridical person organized under the laws of the United States; or (D) any person in the United States.
“blocked asset” applies in that section
the term “blocked asset” shall include any asset of that terrorist party (including the blocked assets of any agency or instrumentality of that party) seized or frozen by the United States under section 805(b) of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1904(b) ).
“person” applies in that section
the term “person” has the meaning given the term in section 1 of title 1 . (2) Liability .— In an action under subsection (a) for an injury arising from an act of international terrorism committed, planned, or authorized by an organization that had been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), as of the date on which such act of international terrorism was committed, planned, or authorized, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.
“defendant” applies in that section
the term “defendant” means— (A) the Palestinian Authority; (B) the Palestine Liberation Organization; (C) any organization or other entity that is a successor to or affiliated with the Palestinian Authority or the Palestine Liberation Organization; or (D) any organization or other entity that— (i) is identified in subparagraph (A), (B), or (C); and (ii) self identifies as, holds itself out to be, or carries out conduct in the name of, the “State of Palestine” or “Palestine” in connection with official business of the United Nations.
“expert advice or assistance” applies in that section
the term “expert advice or assistance” means advice or assistance derived from scientific, technical or other specialized knowledge.
“material support or resources” applies in that section
the term “material support or resources” means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;
“training” applies in that section
the term “training” means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and;
“classified information” applies in that section
the term “classified information” has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
“financial institution” applies in that section
the term “financial institution” has the same meaning as in section 5312(a)(2) of title 31 , United States Code;
“funds” applies in that section
the term “funds” includes coin or currency of the United States or any other country, traveler’s checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing;
“material support or resources” applies in that section
the term “material support or resources” has the same meaning given that term in section 2339A (including the definitions of “training” and “expert advice or assistance” in that section);
“Secretary” applies in that section
the term “Secretary” means the Secretary of the Treasury; and;
“terrorist organization” applies in that section
the term “terrorist organization” means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (h) Provision of Personnel .— No person may be prosecuted under this section in connection with the term “personnel” unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with 1 or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization.
“collects” applies in that section
the term “collects” includes raising and receiving;
“funds” applies in that section
the term “funds” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including coin, currency, bank credits, travelers checks, bank checks, money orders, shares, securities, bonds, drafts, and letters of credit;
“government facility” applies in that section
the term “government facility” means any permanent or temporary facility or conveyance that is used or occupied by representatives of a state, members of a government, the legislature, or the judiciary, or by officials or employees of a state or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties;
“intergovernmental organization” applies in that section
the term “intergovernmental organization” includes international organizations;
“international organization” applies in that section
the term “international organization” has the same meaning as in section 1116(b)(5) of this title ; (10) the term “armed conflict” does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature;
“material support or resources” applies in that section
the term “material support or resources” has the same meaning given that term in section 2339B(g)(4) of this title ; and;
“national of the United States” applies in that section
the term “national of the United States” has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) );
“predicate act” applies in that section
the term “predicate act” means any act referred to in subparagraph (A) or (B) of subsection (a)(1);
“proceeds” applies in that section
the term “proceeds” means any funds derived from or obtained, directly or indirectly, through the commission of an offense set forth in subsection (a);
“provides” applies in that section
the term “provides” includes giving, donating, and transmitting;
“serious bodily injury” applies in that section
the term “serious bodily injury” has the same meaning as in section 1365(g)(3) of this title ; 1;
“state” applies in that section
the term “state” has the same meaning as that term has under international law, and includes all political subdivisions thereof. (f) Civil Penalty .— In addition to any other criminal, civil, or administrative liability or penalty, any legal entity located within the United States or organized under the laws of the United States, including any of the laws of its States, districts, commonwealths, territories, or possessions, shall be liable to the United States for the sum of at least $10,000, if a person responsible for the management or control of that legal entity has, in that capacity, committed an offense set forth in subsection (a).
“treaty” applies in that section
the term “treaty” means— (A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970 ; (B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on September 23, 1971 ; (C) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973 ; (D) the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979 ; (E) the Convention on the Physical Protection of Nuclear Material, …
“critical infrastructure” applies in that section
the term “critical infrastructure” means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and;
“foreign terrorist organization” applies in that section
the term “foreign terrorist organization” means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.
“military-type training” applies in that section
the term “military-type training” includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2) 2 );
“serious bodily injury” applies in that section
the term “serious bodily injury” has the meaning given that term in section 1365(h)(3);
“Attorney General” applies throughout its chapter
the term “Attorney General” means the Attorney General of the United States;
“cigarette” applies throughout its chapter
the term “cigarette” means— (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A);
“common or contract carrier” applies throughout its chapter
the term “common or contract carrier” means a carrier holding a certificate of convenience and necessity, a permit for contract carrier by motor vehicle, or other valid operating authority under subtitle IV of title 49, or under equivalent operating authority from a regulatory agency of the United States or of any State;
“contraband cigarettes” applies throughout its chapter
the term “contraband cigarettes” means a quantity in excess of 10,000 cigarettes, which bear no evidence of the payment of applicable State or local cigarette taxes in the State or locality where such cigarettes are found, if the State or local government requires a stamp, impression, or other indication to be placed on packages or other containers of cigarettes to evidence payment of cigarette taxes, and which are in the possession of any person other than— (A) a person holding a permit issued pursuant to chapter 52 of the Internal Revenue Code of 1986 as a manufacturer of tobacco products or as an export warehouse proprietor, or a person operating a customs bonded warehouse pursuant to …
“contraband smokeless tobacco” applies throughout its chapter
the term “contraband smokeless tobacco” means a quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, that are in the possession of any person other than— (A) a person holding a permit issued pursuant to chapter 52 of the Internal Revenue Code of 1986 as manufacturer 1 of tobacco products or as an export warehouse proprietor, a person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 ( 19 U.S.C.
“smokeless tobacco” applies throughout its chapter
the term “smokeless tobacco” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted;
“State” applies throughout its chapter
the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands;
“delivery sale” applies in that section
the term “delivery sale” means any sale of cigarettes or smokeless tobacco in interstate commerce to a consumer if— (1) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made; or (2) the cigarettes or smokeless tobacco are delivered by use of the mails, common carrier, private delivery service, or any other means where the consumer is not in the same physical location as the seller when the consumer obtains physical possession of the cigarettes or …
“interstate commerce” applies in that section
the term “interstate commerce” means commerce between a State and any place outside the State, or commerce between points in the same State but through any place outside the State.
“military or naval forces of the United States” applies in that section
the term “military or naval forces of the United States” includes the Army of the United States, the Navy, Air Force, Marine Corps, Coast Guard, Navy Reserve, Marine Corps Reserve, and Coast Guard Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel.
“illicit sexual conduct” applies in that section
the term “illicit sexual conduct” means— (1) a sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; (2) any commercial sex act (as defined in section 1591) with a person under 18 years of age; or (3) production of child pornography (as defined in section 2256(8)).
“prior sex offense conviction” applies in that section
the term “prior sex offense conviction” means a conviction for an offense— (A) under this chapter, chapter 109A, chapter 110, or section 1591; or (B) under State law or the Uniform Code of Military Justice for an offense consisting of conduct that would have been an offense under a chapter referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States; and;
“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.
“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(b)(3). (c) The forfeiture of property under this section 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 ). (d) 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.
“grave breach of common Article 3” applies in that section
the term “grave breach of common Article 3” means any conduct (such conduct constituting a grave breach of common Article 3 of the international conventions done at Geneva August 12, 1949 ), as follows: (A) Torture .— The act of a person who commits, or conspires or attempts to commit, an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind.
“war crime” applies in that section
the term “war crime” means any conduct— (1) defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party; (2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907; (3) which constitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of and in association with an armed conflict not of an international character; or (4) of a person who, in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or …
“armed force or group” applies in that section
The term “armed force or group” means any army, militia, or other military organization, whether or not it is state-sponsored, excluding any group assembled solely for nonviolent political association.
“participate actively in hostilities” applies in that section
The term “participate actively in hostilities” means taking part in— (A) combat or military activities related to combat, including sabotage and serving as a decoy, a courier, or at a military checkpoint; or (B) direct support functions related to combat, including transporting supplies or providing other services. (2) Armed force or group .—
“joint resolution” applies in that section
the term “joint resolution” means only a joint resolution— (i) introduced during the 180-day period described in paragraph (2); (ii) which does not have a preamble; (iii) the title of which is as follows: “Joint resolution disapproving the executive agreement signed by the United States and __.”, the blank space being appropriately filled in; and (iv) the matter after the resolving clause of which is as follows: “That Congress disapproves the executive agreement governing access by ___ to certain electronic data as submitted by the Attorney General on ___”, the blank spaces being appropriately filled in.
“lawfully admitted for permanent residence” applies in that section
the term “lawfully admitted for permanent residence” has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ); and;
“United States person” applies in that section
the term “United States person” means a citizen or national of the United States, an alien lawfully admitted for permanent residence, an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation that is incorporated in the United States.
“qualifying foreign government” applies in that section
the term “qualifying foreign government” means a foreign government— (i) with which the United States has an executive agreement that has entered into force under section 2523; and (ii) the laws of which provide to electronic communication service providers and remote computing service providers substantive and procedural opportunities similar to those provided under paragraphs (2) and (5); and;
“United States person” applies in that section
the term “United States person” has the meaning given the term in section 2523. (2) Motions to quash or modify .— (A) A provider of electronic communication service to the public or remote computing service, including a foreign electronic communication service or remote computing service, that is being required to disclose pursuant to legal process issued under this section the contents of a wire or electronic communication of a subscriber or customer, may file a motion to modify or quash the legal process where the provider reasonably believes— (i) that the customer or subscriber is not a United States person and does not reside in the United States; and (ii) that the required disclosure …
“delivery” applies in that section
the term “delivery” has the meaning given that term in the Federal Rules of Civil Procedure. (3) If the court finds that the customer has complied with paragraphs (1) and (2) of this subsection, the court shall order the governmental entity to file a sworn response, which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate. If the court is unable to determine the motion or application on the basis of the parties’ initial allegations and response, the court may conduct such additional proceedings as it deems appropriate.
“supervisory official” applies in that section
the term “supervisory official” means the investigative agent in charge or assistant investigative agent in charge or an equivalent of an investigating agency’s headquarters or regional office, or the chief prosecuting attorney or the first assistant prosecuting attorney or an equivalent of a prosecuting attorney’s headquarters or regional office.
“consumer” applies in that section
the term “consumer” means any renter, purchaser, or subscriber of goods or services from a video tape service provider;
“ordinary course of business” applies in that section
the term “ordinary course of business” means only debt collection activities, order fulfillment, request processing, and the transfer of ownership;
“personally identifiable information” applies in that section
the term “personally identifiable information” includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; and;
“video tape service provider” applies in that section
the term “video tape service provider” means any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made under subparagraph (D) or (E) of subsection (b)(2), but only with respect to the information contained in the disclosure. (b) Video Tape Rental and Sale Records .— (1) A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d).
“court of competent jurisdiction” applies throughout its chapter
the term “court of competent jurisdiction” includes— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or (iii) is acting on a request for foreign assistance pursuant to section 3512 of this title ; (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; or (C) a court-martial or other …
“governmental entity” applies throughout its chapter
the term “governmental entity” means a department or agency of the United States or any State or political subdivision thereof.
“remote computing service” applies throughout its chapter
the term “remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system;
“district court” applies in that section
the term “district court” means each district court of the United States created by chapter 5 of title 28, the District Court of the Virgin Islands, the District Court for the Northern Mariana Islands, and the District Court of Guam. (k) Applicability in the District of Columbia .— The provisions of this section shall apply in the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia Circuit. The provisions of this section shall not apply to the Superior Court of the District of Columbia and the District of Columbia Court of Appeals.
“major Presidential and Vice Presidential candidates” applies in that section
the term “major Presidential and Vice Presidential candidates” means those individuals identified as such by the Secretary of Homeland Security after consultation with an advisory committee consisting of the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and one additional member selected by the other members of the committee. The Committee shall not be subject to chapter 10 of title 5. (8) Former Vice Presidents, their spouses, and their children who are under 16 years of age, for a period of not more than six months after the date the former Vice President leaves office.
“tracking device” applies in that section
the term “tracking device” means an electronic or mechanical device which permits the tracking of the movement of a person or object.
“attorney for the Government” applies throughout its chapter
the term “attorney for the Government” has the meaning given such term for the purposes of the Federal Rules of Criminal Procedure; and;
“contents” applies throughout its chapter
the terms “wire communication”, “electronic communication”, “electronic communication service”, and “contents” have the meanings set forth for such terms in section 2510 of this title ;
“court of competent jurisdiction” applies throughout its chapter
the term “court of competent jurisdiction” means— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a wire or electronic communication service is located; (iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 3124 of this title is located; or (iv) is acting on a request for foreign assistance pursuant to section 3512 of this title ; or (B) a court of general criminal jurisdiction of a State authorized by the law of that State to …
“electronic communication” applies throughout its chapter
the terms “wire communication”, “electronic communication”, “electronic communication service”, and “contents” have the meanings set forth for such terms in section 2510 of this title ;
“electronic communication service” applies throughout its chapter
the terms “wire communication”, “electronic communication”, “electronic communication service”, and “contents” have the meanings set forth for such terms in section 2510 of this title ;
“pen register” applies throughout its chapter
the term “pen register” means a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, provided, however, that such information shall not include the contents of any communication, but such term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in …
“State” applies throughout its chapter
the term “State” means a State, the District of Columbia, Puerto Rico, and any other possession or territory of the United States.
“trap and trace device” applies throughout its chapter
the term “trap and trace device” means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, provided, however, that such information shall not include the contents of any communication;
“wire communication” applies throughout its chapter
the terms “wire communication”, “electronic communication”, “electronic communication service”, and “contents” have the meanings set forth for such terms in section 2510 of this title ;
“crime of violence” applies in that section
the term “crime of violence” means— (A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another; (B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or (C) any felony under chapter 77, 109A, 110, or 117; and;
“felony” applies in that section
the term “felony” means an offense punishable by a maximum term of imprisonment of more than one year;
“judicial officer” applies in that section
the term “judicial officer” means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title , or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sentencing or pending appeal in a court of the United States, and any judge of the Superior Court of the District of Columbia;
“offense” applies in that section
the term “offense” means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress;
“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. (b) As used in sections 3152–3155 of this chapter—;