CITE
18 USC Sec. 1426 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 69 - NATIONALITY AND CITIZENSHIP
HEAD
Sec. 1426. Reproduction of naturalization or citizenship papers
STATUTE
(a) Whoever falsely makes, forges, alters or counterfeits any
oath, notice, affidavit, certificate of arrival, declaration of
intention, certificate or documentary evidence of naturalization or
citizenship or any order, record, signature, paper or proceeding or
any copy thereof, required or authorized by any law relating to
naturalization or citizenship or registry of aliens; or
(b) Whoever utters, sells, disposes of or uses as true or
genuine, any false, forged, altered, antedated or counterfeited
oath, notice, affidavit, certificate of arrival, declaration of
intention to become a citizen, certificate or documentary evidence
of naturalization or citizenship, or any order, record, signature
or other instrument, paper or proceeding required or authorized by
any law relating to naturalization or citizenship or registry of
aliens, or any copy thereof, knowing the same to be false, forged,
altered, antedated or counterfeited; or
(c) Whoever, with intent unlawfully to use the same, possesses
any false, forged, altered, antedated or counterfeited certificate
of arrival, declaration of intention to become a citizen,
certificate or documentary evidence of naturalization or
citizenship purporting to have been issued under any law of the
United States, or copy thereof, knowing the same to be false,
forged, altered, antedated or counterfeited; or
(d) Whoever, without lawful authority, engraves or possesses,
sells or brings into the United States any plate in the likeness or
similitude of any plate designed, for the printing of a declaration
of intention, or certificate or documentary evidence of
naturalization or citizenship; or
(e) Whoever, without lawful authority, brings into the United
States any document printed therefrom; or
(f) Whoever, without lawful authority, possesses any blank
certificate of arrival, blank declaration of intention or blank
certificate of naturalization or citizenship provided by the
Immigration and Naturalization Service, with intent unlawfully to
use the same; or
(g) Whoever, with intent unlawfully to use the same, possesses a
distinctive paper adopted by the proper officer or agency of the
United States for the printing or engraving of a declaration of
intention to become a citizen, or certificate of naturalization or
certificate of citizenship; or
(h) Whoever, without lawful authority, prints, photographs, makes
or executes any print or impression in the likeness of a
certificate of arrival, declaration of intention to become a
citizen, or certificate of naturalization or citizenship, or any
part thereof -
Shall be fined under this title or imprisoned not more than 25
years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such offense,
if the offense was not committed to facilitate such an act of
international terrorism or a drug trafficking crime), or 15 years
(in the case of any other offense), or both.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 767; 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. 211(a)(2), Sept. 30, 1996, 110
Stat. 3009-569; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(3),
Nov. 2, 2002, 116 Stat. 1806.)
HISTORICAL AND REVISION NOTES
Based on subsections (a) pars. (8)-(12), (16), (17), (20)-(29),
(b), (d), (l) of section 746 of Title 8, U.S.C., 1940 ed., Aliens
and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a) pars. (8)-
(12), (16), (17), (20)-(29), (b), (d), (l), 54 Stat. 1164-1168).
Sections consolidates numerous similar paragraphs with necessary
changes in phraseology and translations.
References to persons causing, procuring, aiding, abetting, or
assisting were omitted as unnecessary, such persons being
principals under definitive section 2 of this title.
AMENDMENTS
2002 - Pub. L. 107-273 substituted "to facilitate" for "to
facility" in last par.
1996 - Pub. L. 104-208 substituted "imprisoned not more than 25
years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such offense,
if the offense was not committed to facility such an act of
international terrorism or a drug trafficking crime), or 15 years
(in the case of any other offense)" for "imprisoned not more than
five years" in last par.
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $5,000" in last par.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-208 applicable with respect to offenses
occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L.
104-208, set out as a note under section 1028 of this title.
TRANSFER OF FUNCTIONS
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a
few exceptions, transferred to Attorney General, with power vested
in him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by
Reorg. Plan No. 2 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government
Organization and Employees.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.