r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE wiki — defined terms
The statute’s own glossary: every term Title 18 defines, in section order.
“judge” applies throughout its chapter
the terms “judge” or “judicial officer” mean, unless otherwise indicated, any United States magistrate judge, Federal district judge, and;
“judicial officer” applies throughout its chapter
the terms “judge” or “judicial officer” mean, unless otherwise indicated, any United States magistrate judge, Federal district judge, and;
“offense” applies throughout its chapter
the term “offense” means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal).
“national of the United States” applies in that section
the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ).
“qualified military counsel” applies in that section
the term “qualified military counsel” means a judge advocate made available by the Secretary of Defense for purposes of such proceedings, who— (A) is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; and (B) is certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.
“accompanying the Armed Forces outside the United States” applies throughout its chapter
The term “accompanying the Armed Forces outside the United States” means— (A) a dependent of— (i) a member of the Armed Forces; (ii) a civilian employee of the Department of Defense (including a nonappropriated fund instrumentality of the Department); or (iii) a Department of Defense contractor (including a subcontractor at any tier) or an employee of a Department of Defense contractor (including a subcontractor at any tier); (B) residing with such member, civilian employee, contractor, or contractor employee outside the United States; and (C) not a national of or ordinarily resident in the host nation.;
“Armed Forces” applies throughout its chapter
The term “Armed Forces” has the meaning given the term “armed forces” in section 101(a)(4) of title 10 .;
“employed by the Armed Forces outside the United States” applies throughout its chapter
The term “employed by the Armed Forces outside the United States” means— (A) employed as— (i) a civilian employee of— (I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or (II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas; (ii) a contractor (including a subcontractor at any tier) of— (I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or (II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of …
“judge advocate” applies throughout its chapter
The terms “Judge Advocate General” and “judge advocate” have the meanings given such terms in section 801 of title 10 .
“Judge Advocate General” applies throughout its chapter
The terms “Judge Advocate General” and “judge advocate” have the meanings given such terms in section 801 of title 10 .
“accompanying the Federal Government outside the United States” applies throughout its chapter
The term “accompanying the Federal Government outside the United States” means— (A) a dependant of— (i) a civilian employee of the Federal Government; or (ii) a Federal contractor (including a subcontractor at any tier) or an employee of a Federal contractor (including a subcontractor at any tier); (B) residing with such civilian employee, contractor, or contractor employee outside the United States; and (C) not a national of or ordinarily resident in the host nation.
“employed by the Federal Government outside the United States” applies throughout its chapter
The term “employed by the Federal Government outside the United States” means— (A) employed as a civilian employee of the Federal Government, as a Federal contractor (including a subcontractor at any tier), or as an employee of a Federal contractor (including a subcontractor at any tier); (B) present or residing outside the United States in connection with such employment; and (C) not a national of or ordinarily resident in the host nation.;
“employed by the Department of Homeland Security or the Department of Justice” applies in that section
the term “employed by the Department of Homeland Security or the Department of Justice” means— (1) being employed as a civilian employee, a contractor (including a subcontractor at any tier), or an employee of a contractor (or a subcontractor at any tier) of the Department of Homeland Security or the Department of Justice; (2) being present or residing in Canada in connection with such employment; and (3) not being a national of or ordinarily resident in Canada.
“DNA profile” applies in that section
the term “DNA profile” means a set of DNA identification characteristics.
“war” applies in that section
the term “war” includes a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution ( 50 U.S.C. 1544(b) ).
“official request” applies in that section
the term “official request” means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.
“securities fraud offense” applies in that section
the term “securities fraud offense” means a violation of, or a conspiracy or an attempt to violate— (1) section 1348; (2) section 32(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ff(a) ); (3) section 24 of the Securities Act of 1933 ( 15 U.S.C. 77x ); (4) section 217 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–17 ); (5) section 49 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–48 ); or (6) section 325 of the Trust Indenture Act of 1939 ( 15 U.S.C. 77yyy ).
“attorney for the government” applies in that section
the term “attorney for the government” has the meaning given such term in the Federal Rules of Criminal Procedure; and;
“banking law violation” applies in that section
the term “banking law violation” means a violation of, or a conspiracy to violate— (A) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, or 1957; (B) section 1341 or 1343 affecting a financial institution; or (C) any provision of subchapter II of chapter 53 of title 31, United States Code;
“grand jury information” applies in that section
the term “grand jury information” means matters occurring before a grand jury other than the deliberations of the grand jury or the vote of any grand juror.
“Federal offense involving the sexual exploitation or abuse of children” applies in that section
the term “Federal offense involving the sexual exploitation or abuse of children” means an offense under section 1201, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423, in which the victim is an individual who has not attained the age of 18 years; and;
“sex offender” applies in that section
the term “sex offender” means an individual required to register under the Sex Offender Registration and Notification Act ( 42 U.S.C. 16901 et seq.). 2 (2) A subpoena under this subsection shall describe the objects required to be produced and prescribe a return date within a reasonable period of time within which the objects can be assembled and made available. (3) The production of records relating to a Federal health care offense shall not be required under this section at any place more than 500 miles distant from the place where the subpoena for the production of such records is served.
“consular officers” applies in that section
the term “consular officers” includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended ( 22 U.S.C. 4221 ).
“confession” applies in that section
the term “confession” means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.
“official request” applies in that section
the term “official request” means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.
“adult attendant” applies in that section
the term “adult attendant” means an adult described in subsection (i) who accompanies a child throughout the judicial process for the purpose of providing emotional support;
“child” applies in that section
the term “child” means a person who is under the age of 18, who is or is alleged to be— (A) a victim of a crime of physical abuse, sexual abuse, or exploitation; or (B) a witness to a crime committed against another person;
“child abuse” applies in that section
the term “child abuse” means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child;
“exploitation” applies in that section
the term “exploitation” means child pornography or child prostitution;
“mental injury” applies in that section
the term “mental injury” means harm to a child’s psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response, or cognition;
“multidisciplinary child abuse team” applies in that section
the term “multidisciplinary child abuse team” means a professional unit composed of representatives from health, social service, law enforcement, and legal service agencies to coordinate the assistance needed to handle cases of child abuse;
“negligent treatment” applies in that section
the term “negligent treatment” means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child; and (12) the term “child abuse” does not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty.
“physical injury” applies in that section
the term “physical injury” includes lacerations, fractured bones, burns, internal injuries, severe bruising or serious bodily harm;
“sex crime” applies in that section
the term “sex crime” means an act of sexual abuse that is a criminal act;
“sexual abuse” applies in that section
the term “sexual abuse” includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children;
“sexually explicit conduct” applies in that section
the term “sexually explicit conduct” means actual or simulated— (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through 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 sexual desire of any person; (B) bestiality; (C) masturbation; (D) lascivious exhibition of the genitals or pubic area of a person or animal; or (E) sadistic or masochistic abuse;
“victim” applies in that section
the term “victim” includes all persons defined as victims in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990.
“attorney for the Government” applies in that section
The terms “Federal judge” and “attorney for the Government” have the meaning given such terms for the purposes of the Federal Rules of Criminal Procedure. (2) Foreign authority .—
“Federal judge” applies in that section
The terms “Federal judge” and “attorney for the Government” have the meaning given such terms for the purposes of the Federal Rules of Criminal Procedure. (2) Foreign authority .—
“foreign authority” applies in that section
The term “foreign authority” means a foreign judicial authority, a foreign authority responsible for the investigation or prosecution of criminal offenses or for proceedings related to the prosecution of criminal offenses, or an authority designated as a competent authority or central authority for the purpose of making requests for assistance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters.
“parent” applies in that section
the term “parent” includes any person who stands in the place of a parent by law.
“State” applies throughout its chapter
the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
“violent offense” applies in that section
the term “violent offense” means a crime of violence, as defined in section 16, that is punishable by imprisonment.
“arson” applies in that section
the term “arson” means an offense that has as its elements maliciously damaging or destroying any building, inhabited structure, vehicle, vessel, or real property by means of fire or an explosive;
“assault with intent to commit rape” applies in that section
the term “assault with intent to commit rape” means an offense that has as its elements engaging in physical contact with another person or using or brandishing a weapon against another person with intent to commit aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242);
“domain name” applies in that section
the term “domain name” has the meaning given that term is 1 section 45 of 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 (commonly referred to as the “Trademark Act of 1946”) ( 15 U.S.C. 1127 ).
“extortion” applies in that section
the term “extortion” means an offense that has as its elements the extraction of anything of value from another person by threatening or placing that person in fear of injury to any person or kidnapping of any person;
“falsely registers” applies in that section
the term “falsely registers” means registers in a manner that prevents the effective identification of or contact with the person who registers; and;
“Federal sex offense” applies in that section
the term “Federal sex offense” means an offense under section 1591 (relating to sex trafficking of children), 2241 (relating to aggravated sexual abuse), 2242 (relating to sexual abuse), 2244(a)(1) (relating to abusive sexual contact), 2245 (relating to sexual abuse resulting in death), 2251 (relating to sexual exploitation of children), 2251A (relating to selling or buying of children), 2422(b) (relating to coercion and enticement of a minor into prostitution), or 2423(a) (relating to transportation of minors);
“firearms use” applies in that section
the term “firearms use” means an offense that has as its elements those described in section 924(c) or 929(a), if the firearm was brandished, discharged, or otherwise used as a weapon and the crime of violence or drug trafficking crime during and relation to which the firearm was used was subject to prosecution in a court of the United States or a court of a State, or both;
“kidnapping” applies in that section
the term “kidnapping” means an offense that has as its elements the abduction, restraining, confining, or carrying away of another person by force or threat of force;
“minor” applies in that section
the term “minor” means an individual who has not attained the age of 17 years; and;
“prior sex conviction” applies in that section
the term “prior sex conviction” means a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent Federal sex offense, and which was for a Federal sex offense or a State or Military sex offense;
“serious drug offense” applies in that section
the term “serious drug offense” means— (i) an offense that is punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act ( 21 U.S.C. 841(b)(1)(A) , 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b)(1)(A) ); or (ii) an offense under State law that, had the offense been prosecuted in a court of the United States, would have been punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act ( 21 U.S.C. 841(b)(1)(A) , 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b)(1)(A) ).
“serious violent felony” applies in that section
the term “serious violent felony” means— (i) a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111); manslaughter other than involuntary manslaughter (as described in section 1112); assault with intent to commit murder (as described in section 113(a)); assault with intent to commit rape; aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242); abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)); kidnapping; aircraft piracy (as described in section 46502 of Title 49 ); robbery (as described in section 2111, 2113, or 2118); carjacking (as described in section 2119); …
“State” applies in that section
the term “State” means a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States; and;
“State or Military sex offense” applies in that section
the term “State or Military sex offense” means an offense under State law or the Uniform Code of Military Justice that is punishable by more than one year in prison and consists of conduct that would be a Federal sex offense if, to the extent or in the manner specified in the applicable provision of this title— (i) the offense involved interstate or foreign commerce, or the use of the mails; or (ii) the conduct occurred in any commonwealth, territory, or possession of the United States, within the special maritime and territorial jurisdiction of the United States, in a Federal prison, on any land or building owned by, leased to, or otherwise used by or under the control of the Government of …
“domestic violence crime” applies in that section
The term “domestic violence crime” means a crime of violence for which the defendant may be prosecuted in a court of the United States in which the victim or intended victim is the spouse, former spouse, intimate partner, former intimate partner, child, or former child of the defendant, or any other relative of the defendant. (c) Authorized Terms .— The authorized terms of probation are— (1) for a felony, not less than one nor more than five years; (2) for a misdemeanor, not more than five years; and (3) for an infraction, not more than one year.
“terminal illness” applies in that section
the term “terminal illness” means a disease or condition with an end-of-life trajectory. (2) Notification .— The Bureau of Prisons shall, subject to any applicable confidentiality requirements— (A) in the case of a defendant diagnosed with a terminal illness— (i) not later than 72 hours after the diagnosis notify the defendant’s attorney, partner, and family members of the defendant’s condition and inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A); (ii) not later than 7 days after the date of the diagnosis, provide the defendant’s partner and family …
“incompetence” applies in that section
the term “incompetence” has the meaning as defined in section 4241 of title 18 , United States Code;
“manifest” applies in that section
the term “manifest” means that which is unmistakable, clear, plain, or indisputable and requires that the opposite conclusion be clearly evident. (b) Notice to the Government; Preservation Order; Appointment of Counsel.— (1) Notice .— Upon the receipt of a motion filed under subsection (a), the court shall— (A) notify the Government; (B) allow the Government a reasonable time period to respond to the motion; and (C) order the Government to— (i) prepare an inventory of the evidence related to the case; and (ii) issue a copy of the inventory to the court, the applicant, and the Government.
“biological evidence” applies in that section
the term “biological evidence” means— (1) a sexual assault forensic examination kit; or (2) semen, blood, saliva, hair, skin tissue, or other identified biological material. (c) Applicability .— Subsection (a) shall not apply if— (1) after a conviction becomes final and the defendant has exhausted all opportunities for direct review of the conviction, the defendant is notified that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; (2) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and (B) the Government …
“aftercare” applies in that section
the term “aftercare” means placement, case management and monitoring of the participant in a community-based substance abuse treatment program when the participant leaves the custody of the Bureau of Prisons. (6) Coordination of federal assistance .— The Bureau of Prisons shall consult with the Department of Health and Human Services concerning substance abuse treatment and related services and the incorporation of applicable components of existing comprehensive approaches including relapse prevention and aftercare services.
“community confinement” applies in that section
the term “community confinement” has the meaning given that term in the application notes under section 5F1.1 of the Federal Sentencing Guidelines Manual, as in effect on the date of the enactment of the Second Chance Act of 2007.
“demonstrated to reduce recidivism” applies in that section
The term “demonstrated to reduce recidivism” means that the Director of Bureau of Prisons has determined that appropriate research has been conducted and has validated the effectiveness of the type of program on recidivism. (2) Eligibility for recidivism reduction partnership .— A faith-based or community-based nonprofit organization that provides mentoring or other programs that have been demonstrated to reduce recidivism is eligible to enter into a recidivism reduction partnership with a prison or community-based facility operated by the Bureau of Prisons.
“eligible prisoner” applies in that section
the term “eligible prisoner” means a prisoner who is— (i) determined by the Bureau of Prisons to have a substance abuse problem; and (ii) willing to participate in a residential substance abuse treatment program; and;
“residential substance abuse treatment” applies in that section
the term “residential substance abuse treatment” means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population (which may include the use of pharmocotherapies, 1 where appropriate, that may extend beyond the 6-month period);
“functional literacy” applies in that section
the term “functional literacy” means— (A) an eighth grade equivalence in reading and mathematics on a nationally recognized standardized test; (B) functional competency or literacy on a nationally recognized criterion-referenced test; or (C) a combination of subparagraphs (A) and (B). (4) Non-English speaking inmates shall be required to participate in an English-As-A-Second-Language program until they function at the equivalence of the eighth grade on a nationally recognized educational achievement test. (5) The Chief Executive Officer of each institution shall have authority to grant waivers for good cause as determined and documented on an individual basis.
“civil action with respect to prison conditions” applies in that section
the term “civil action with respect to prison conditions” means any civil proceeding arising under Federal law with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison, but does not include habeas corpus proceedings challenging the fact or duration of confinement in prison;
“consent decree” applies in that section
the term “consent decree” means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties but does not include private settlements;
“prison” applies in that section
the term “prison” means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law;
“prisoner” applies in that section
the term “prisoner” means any person subject to incarceration, detention, or admission to any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program;
“prisoner release order” applies in that section
the term “prisoner release order” includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prison population, or that directs the release from or nonadmission of prisoners to a prison;
“private settlement agreement” applies in that section
the term “private settlement agreement” means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that the agreement settled;
“prospective relief” applies in that section
the term “prospective relief” means all relief other than compensatory monetary damages;
“relief” applies in that section
the term “relief” means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements.
“special master” applies in that section
the term “special master” means any person appointed by a Federal court pursuant to Rule 53 of the Federal Rules of Civil Procedure or pursuant to any inherent power of the court to exercise the powers of a master, regardless of the title or description given by the court; and;
“dyslexia” applies throughout its subchapter
The term “dyslexia” means an unexpected difficulty in reading for an individual who has the intelligence to be a much better reader, most commonly caused by a difficulty in the phonological processing (the appreciation of the individual sounds of spoken language), which affects the ability of an individual to speak, read, and spell. (2) Dyslexia screening program .—
“dyslexia screening program” applies throughout its subchapter
The term “dyslexia screening program” means a screening program for dyslexia that is— (A) evidence-based (as defined in section 8101(21) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21) )) with proven psychometrics for validity; (B) efficient and low-cost; and (C) readily available. (3) Evidence-based recidivism reduction program .—
“evidence-based recidivism reduction program” applies throughout its subchapter
The term “evidence-based recidivism reduction program” means either a group or individual activity that— (A) has been shown by empirical evidence to reduce recidivism or is based on research indicating that it is likely to be effective in reducing recidivism; (B) is designed to help prisoners succeed in their communities upon release from prison; and (C) may include— (i) social learning and communication, interpersonal, anti-bullying, rejection response, and other life skills; (ii) family relationship building, structured parent-child interaction, and parenting skills; (iii) classes on morals or ethics; (iv) academic classes; (v) cognitive behavioral treatment; (vi) mentoring; (vii) …
“prisoner” applies throughout its subchapter
The term “prisoner” means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or a person in the custody of the Bureau of Prisons. (5) Productive activity .—
“productive activity” applies throughout its subchapter
The term “productive activity” means either a group or individual activity that is designed to allow prisoners determined as having a minimum or low risk of recidivating to remain productive and thereby maintain a minimum or low risk of recidivating, and may include the delivery of the programs described in paragraph (1) 1 to other prisoners. (6) Risk and needs assessment tool .—
“risk and needs assessment tool” applies throughout its subchapter
The term “risk and needs assessment tool” means an objective and statistically validated method through which information is collected and evaluated to determine— (A) as part of the intake process, the risk that a prisoner will recidivate upon release from prison; (B) the recidivism reduction programs that will best minimize the risk that the prisoner will recidivate upon release from prison; and (C) the periodic reassessment of risk that a prisoner will recidivate upon release from prison, based on factors including indicators of progress and of regression, that are dynamic and that can reasonably be expected to change while in prison.
“victim” applies in that section
the term “victim” means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern.
“victim” applies in that section
the term “victim” means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern.
“commission of an offense” applies in that section
the term “commission of an offense” includes the attempted commission of an offense, the consummation of an offense, and any immediate flight after the commission of an offense; and;
“found guilty” applies in that section
the term “found guilty” includes acceptance by a court of a plea of guilty or nolo contendere;
“law enforcement officer” applies in that section
the term “law enforcement officer” means a public servant authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense.
“interested party” applies in that section
the term “interested party” includes the defendant and any transferee of proceeds due the defendant under the contract, the person with whom the defendant has contracted, and any person physically harmed as a result of the offense for which the defendant has been convicted.
“guideline range” applies in that section
the term “guideline range” includes a guideline range having the same upper and lower limits. (j) Definitions .— For purposes of this section— (1) a factor is a “permissible” ground of departure if it— (A) advances the objectives set forth in section 3553(a)(2); and (B) is authorized under section 3553(b); and (C) is justified by the facts of the case; and (2) a factor is an “impermissible” ground of departure if it is not a permissible factor within the meaning of subsection (j)(1).
“court” applies throughout its chapter
The terms “district court” and “court” include the Superior Court of the District of Columbia. (f) Procedures To Promote Compliance.— (1) Regulations .— Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims.
“court of appeals” applies throughout its chapter
The term “court of appeals” means— (A) the United States court of appeals for the judicial district in which a defendant is being prosecuted; or (B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals. (2) Crime victim.— (A) In general .—
“crime victim” applies in that section
the term “crime victim” means the person against whom the State offense is committed or, if that person is killed or incapacitated, that person’s family member or other lawful representative. (c) Best Efforts To Accord Rights.— (1) Government .— Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a).
“district court” applies throughout its chapter
The terms “district court” and “court” include the Superior Court of the District of Columbia. (f) Procedures To Promote Compliance.— (1) Regulations .— Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims.
“child” applies in that section
the term “child” means an individual who has not attained 18 years of age;
“covered prisoner” applies in that section
the term “covered prisoner” means an individual who— (A) was convicted of a level A offense or level B offense; (B) was sentenced to a term of imprisonment for the offense described in subparagraph (A); and (C) is, or was previously, imprisoned or incarcerated under such sentence for a term of imprisonment;
“employee” applies in that section
the terms “employee” and “officer” have the meanings given the terms in section 2105 of title 5 ;
“Federal offense” applies in that section
the term “Federal offense” means an offense that is punishable under Federal law;
“level A offense” applies in that section
the term “level A offense” means a Federal offense that is not a violent crime;
“level B offense” applies in that section
the term “level B offense”— (A) means a Federal offense that is a violent crime; and (B) does not include a Federal offense that is a violent crime of which a child was a victim;
“officer” applies in that section
the terms “employee” and “officer” have the meanings given the terms in section 2105 of title 5 ;
“victim of trafficking” applies in that section
the term “victim of trafficking” has the meaning given that term in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); and;
“violent crime” applies in that section
the term “violent crime” has the meaning given the term “crime of violence” in section 16(a) of this title . (b) Motions To Vacate Convictions or Expunge Arrests.— (1) In general.— (A) Convictions of level a offenses .— A person convicted of any level A offense (or an attorney representing such a person) may move the court that imposed the sentence for the level A offense to vacate the judgment of conviction if the level A offense was committed as a direct result of the person having been a victim of trafficking.
“sexual assault” applies in that section
the term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. (d) Funding .— This section, other than paragraphs (2)(A) and (3)(B) of subsection (a), shall be carried out using funds made available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 ( 42 U.S.C. 10601(d)(3)(A)(i) ). 1 No additional funds are authorized to be appropriated to carry out this section.
“account” applies in that section
the term “account” means the trust fund account (or institutional equivalent) of a prisoner;
“Director” applies in that section
the term “Director” means the Director of the Bureau of Prisons;
“health care provider” applies in that section
the term “health care provider” means any person who is— (A) authorized by the Director to provide health care services; and (B) operating within the scope of such authorization;
“health care visit” applies in that section
the term “health care visit”— (A) means a visit, as determined by the Director, by a prisoner to an institutional or noninstitutional health care provider; and (B) does not include a visit initiated by a prisoner— (i) pursuant to a staff referral; or (ii) to obtain staff-approved follow-up treatment for a chronic condition; and;
“prisoner” applies in that section
the term “prisoner” means— (A) any individual who is incarcerated in an institution under the jurisdiction of the Bureau of Prisons; or (B) any other individual, as designated by the Director, who has been charged with or convicted of an offense against the United States. (b) Fees for Health Care Services.— (1) In general .— The Director, in accordance with this section and with such regulations as the Director shall promulgate to carry out this section, may assess and collect a fee for health care services provided in connection with each health care visit requested by a prisoner.
“employee” applies in that section
the term “employee” means a qualified law enforcement officer employed by the Bureau of Prisons; and;
“firearm” applies in that section
the terms “firearm” and “qualified law enforcement officer” have the meanings given those terms under section 926B. (b) Secure Firearms Storage .— The Director of the Bureau of Prisons shall ensure that each chief executive officer of a Federal penal or correctional institution— (1) (A) provides a secure storage area located outside of the secure perimeter of the institution for employees to store firearms; or (B) allows employees to store firearms in a vehicle lockbox approved by the Director of the Bureau of Prisons; and (2) notwithstanding any other provision of law, allows employees to carry concealed firearms on the premises outside of the secure perimeter of the institution.
“qualified law enforcement officer” applies in that section
the terms “firearm” and “qualified law enforcement officer” have the meanings given those terms under section 926B. (b) Secure Firearms Storage .— The Director of the Bureau of Prisons shall ensure that each chief executive officer of a Federal penal or correctional institution— (1) (A) provides a secure storage area located outside of the secure perimeter of the institution for employees to store firearms; or (B) allows employees to store firearms in a vehicle lockbox approved by the Director of the Bureau of Prisons; and (2) notwithstanding any other provision of law, allows employees to carry concealed firearms on the premises outside of the secure perimeter of the institution.
“correctional officer” applies in that section
the term “correctional officer” means a correctional officer of the Bureau of Prisons;
“covered institution” applies in that section
the term “covered institution” means a Federal penal or correctional institution;
“Director” applies in that section
the term “Director” means the Director of the Bureau of Prisons;
“post-partum recovery” applies in that section
the term “post-partum recovery” means the first 12-week period of post-partum recovery after giving birth;
“primary caretaker parent” applies in that section
the term “primary caretaker parent” has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act ( 34 U.S.C. 12242 );
“prisoner” applies in that section
the term “prisoner” means an individual who is incarcerated in a Federal penal or correctional institution, including a vulnerable person; and;
“vulnerable person” applies in that section
the term “vulnerable person” means an individual who— (A) is under 21 years of age or over 60 years of age; (B) is pregnant; (C) is victim or witness of a crime; (D) has filed a nonfrivolous civil rights claim in Federal or State court; or (E) during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence— (i) by any court or administrative judicial proceeding; (ii) by any corrections official; (iii) by the individual’s attorney or legal service provider; or (iv) by the individual.
“facility” applies in that section
the term “facility” shall include a residential community treatment center; and
“relative” applies in that section
the term “relative” shall mean a spouse, child (including stepchild, adopted child or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person who, though not a natural parent, has acted in the place of a parent), brother, or sister.
“office furniture” applies in that section
The term “office furniture” means any product or service offering intended to meet the furnishing needs of the workplace, including office, healthcare, educational, and hospitality environments.;
“public entity” applies in that section
The term “public entity” means a State, a subdivision of a State, an Indian tribe, and an agency or governmental corporation or business of any of the foregoing.;
“State” applies in that section
The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands.
“State” applies throughout its chapter
the term “State” includes the District of Columbia.
“postpartum recovery” applies in that section
The term “postpartum recovery” means the 12-week period, or longer as determined by the healthcare professional responsible for the health and safety of the prisoner, following delivery, and shall include the entire period that the prisoner is in the hospital or infirmary. (2) Prisoner .—
“prisoner” applies in that section
The term “prisoner” means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or a person in the custody of the Bureau of Prisons, including a person in a Bureau of Prisons contracted facility. (3) Restraints .—
“restraints” applies in that section
The term “restraints” means any physical or mechanical device used to control the movement of a prisoner’s body, limbs, 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. If an alleged juvenile delinquent is not surrendered to the authorities of a State pursuant to this section, any proceedings against him shall be in an appropriate district court of the United States. For such purposes, the court may be convened at any time and place within the district, in chambers or otherwise. The Attorney General shall proceed by information or as authorized under section 3401(g) of this title , and no criminal prosecution shall be instituted for the alleged act of juvenile delinquency except as provided below.
“covered juvenile” applies in that section
the term “covered juvenile” means— (A) a juvenile who— (i) is being proceeded against under this chapter for an alleged act of juvenile delinquency; or (ii) has been adjudicated delinquent under this chapter; or (B) a juvenile who is being proceeded against as an adult in a district court of the United States for an alleged criminal offense;
“juvenile facility” applies in that section
the term “juvenile facility” means any facility where covered juveniles are— (A) committed pursuant to an adjudication of delinquency under this chapter; or (B) detained prior to disposition or conviction; and;
“room confinement” applies in that section
the term “room confinement” means the involuntary placement of a covered juvenile alone in a cell, room, or other area for any reason. (b) Prohibition on Room Confinement in Juvenile Facilities.— (1) In general .— The use of room confinement at a juvenile facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile’s behavior that poses a serious and immediate risk of physical harm to any individual, including the covered juvenile, is prohibited.