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CITE

    18 USC Sec. 1015                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 47 - FRAUD AND FALSE STATEMENTS

HEAD

    Sec. 1015. Naturalization, citizenship or alien registry

STATUTE

      (a) Whoever knowingly makes any false statement under oath, in
    any case, proceeding, or matter relating to, or under, or by virtue
    of any law of the United States relating to naturalization,
    citizenship, or registry of aliens; or
      (b) Whoever knowingly, with intent to avoid any duty or liability
    imposed or required by law, denies that he has been naturalized or
    admitted to be a citizen, after having been so naturalized or
    admitted; or
      (c) Whoever uses or attempts to use any certificate of arrival,
    declaration of intention, certificate of naturalization,
    certificate of citizenship or other documentary evidence of
    naturalization or of citizenship, or any duplicate or copy thereof,
    knowing the same to have been procured by fraud or false evidence
    or without required appearance or hearing of the applicant in court
    or otherwise unlawfully obtained; or
      (d) Whoever knowingly makes any false certificate, acknowledgment
    or statement concerning the appearance before him or the taking of
    an oath or affirmation or the signature, attestation or execution
    by any person with respect to any application, declaration,
    petition, affidavit, deposition, certificate of naturalization,
    certificate of citizenship or other paper or writing required or
    authorized by the laws relating to immigration, naturalization,
    citizenship, or registry of aliens; or
      (e) Whoever knowingly makes any false statement or claim that he
    is, or at any time has been, a citizen or national of the United
    States, with the intent to obtain on behalf of himself, or any
    other person, any Federal or State benefit or service, or to engage
    unlawfully in employment in the United States; or
      (f) Whoever knowingly makes any false statement or claim that he
    is a citizen of the United States in order to register to vote or
    to vote in any Federal, State, or local election (including an
    initiative, recall, or referendum) -
      Shall be fined under this title or imprisoned not more than five
    years, or both. Subsection (f) does not apply to an alien if each
    natural parent of the alien (or, in the case of an adopted alien,
    each adoptive parent of the alien) is or was a citizen (whether by
    birth or naturalization), the alien permanently resided in the
    United States prior to attaining the age of 16, and the alien
    reasonably believed at the time of making the false statement or
    claim that he or she was a citizen of the United States.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 752; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
    104-208, div. C, title II, Sec. 215, Sept. 30, 1996, 110 Stat. 3009-
    572; Pub. L. 106-395, title II, Sec. 201(d)(2), Oct. 30, 2000, 114
    Stat. 1635.)

HISTORICAL AND REVISION NOTES

      Based on subsections (a), paragraphs (1), (16), (17), (19), (32),
    (b), (d), and (l) of section 746 of title 8, U.S.C., 1940 ed.,
    Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a), pars.
    (1), (16), (17), (19), (32), (b), (d), and (l), 45 Stat. 1163,
    1165, 1167).
      Section consolidates, with minor changes, subsection (a),
    paragraphs (1), (16), (17), (19), (32), and subsections (b), (d),
    and (l), of section 746 of title 8, U.S.C., 1940 ed., Aliens and
    Nationality.
      Such changes of arrangement and phraseology were made as were
    appropriate and necessary.
                                AMENDMENTS
      2000 - Pub. L. 106-395 inserted at end of concluding provisions
    "Subsection (f) does not apply to an alien if each natural parent
    of the alien (or, in the case of an adopted alien, each adoptive
    parent of the alien) is or was a citizen (whether by birth or
    naturalization), the alien permanently resided in the United States
    prior to attaining the age of 16, and the alien reasonably believed
    at the time of making the false statement or claim that he or she
    was a citizen of the United States."
      1996 - Subsecs. (e), (f). Pub. L. 104-208 added subsecs. (e) and
    (f).
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000" in concluding par.
                     EFFECTIVE DATE OF 2000 AMENDMENT
      Amendment by Pub. L. 106-395 effective as if included in the
    enactment of section 215 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, div. C of Pub. L. 104-208,
    and applicable to an alien prosecuted on or after Sept. 30, 1996,
    except in the case of an alien whose criminal proceeding (including
    judicial review thereof) has been finally concluded before Oct. 30,
    2000, see section 201(d)(3) of Pub. L. 106-395, set out as a note
    under section 611 of this title.
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