CITE

    18 USC Sec. 1541                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 75 - PASSPORTS AND VISAS

HEAD

    Sec. 1541. Issuance without authority

STATUTE

      Whoever, acting or claiming to act in any office or capacity
    under the United States, or a State, without lawful authority
    grants, issues, or verifies any passport or other instrument in the
    nature of a passport to or for any person whomsoever; or
      Whoever, being a consular officer authorized to grant, issue, or
    verify passports, knowingly and willfully grants, issues, or
    verifies any such passport to or for any person not owing
    allegiance, to the United States, whether a citizen or not -
      Shall be fined under this title, 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.
      For purposes of this 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.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 771; Pub. L. 103-322, title XIII,
    Sec. 130009(a)(1), title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994,
    108 Stat. 2030, 2147; Pub. L. 104-208, div. C, title II, Sec.
    211(a)(2), Sept. 30, 1996, 110 Stat. 3009-569; Pub. L. 104-294,
    title VI, Sec. 607(n), Oct. 11, 1996, 110 Stat. 3512; Pub. L. 107-
    273, div. B, title IV, Sec. 4002(a)(3), Nov. 2, 2002, 116 Stat.
    1806.)

HISTORICAL AND REVISION NOTES

      Based on section 219 of title 22, U.S.C., 1940 ed., Foreign
    Relations and Intercourse (R.S. 4078; June 14, 1902, ch. 1088, Sec.
    3, 32 Stat. 386).
      The venue provision, which followed the punishment provisions,
    was omitted as covered by section 3238 of this title.
      Changes were made in phraseology.
                                AMENDMENTS
      2002 - Pub. L. 107-273 substituted "to facilitate" for "to
    facility" in third par.
      1996 - Pub. L. 104-294, Sec. 607(n)(1), struck out "or
    possession" after "or a State" in first par.
      Pub. L. 104-294, Sec. 607(n)(2), added last par. defining "State"
    for purposes of this section.
      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 10 years" in third par.
      1994 - Pub. L. 103-322, Sec. 330016(1)(G), which directed the
    amendment of this section by substituting "under this title" for
    "not more than $500", could not be executed because the words "not
    more than $500" did not appear in text subsequent to amendment by
    Pub. L. 103-322, Sec. 130009(a)(1). See below.
      Pub. L. 103-322, Sec. 130009(a)(1), substituted "under this
    title, imprisoned not more than 10 years" for "not more than $500
    or imprisoned not more than one year" 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.
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