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.