Title 18 — Crimes and Criminal Procedure — § 1542. False statement in application and use of passport
Summary
Page 405 of Title 18, Crimes and Criminal Procedure, prints 18 U.S.C. § 1542, false statement in application and use of passport. The section covers anyone who willfully and knowingly makes a false statement in a passport application to secure a passport, or who uses or attempts to use a passport secured by a false statement. The penalty is a fine and imprisonment of not more than 25 years if the offense was committed to facilitate an act of international terrorism, 20 years for a drug trafficking crime, 10 years for a first or second offense, or 15 years for any other offense. The notes record the 1994, 1996 and 2002 amendments, and the page also prints § 1543, forgery or false use of passport, with the same penalty scale.
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Page 405 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1543
The venue provision, which followed the punishment 30, 1996, 110 Stat. 3009–569; Pub. L. 107–273, div. B,
provisions, was omitted as covered by section 3238 of title IV, § 4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.)
this title.
Changes were made in phraseology. HISTORICAL AND REVISION NOTES
Based on section 220 of title 22, U.S.C., 1940 ed., For-
Editorial Notes eign Relations and Intercourse (June 15, 1917, ch. 30,
title IX, § 2, 40 Stat. 227; Mar. 28, 1940, ch. 72, § 7, 54 Stat.
AMENDMENTS
80).
2002—Pub. L. 107–273 substituted ‘‘to facilitate’’ for Mandatory-punishment provision was rephrased in
‘‘to facility’’ in third par. the alternative.
1996—Pub. L. 104–294, § 607(n)(1), struck out ‘‘or posses- Punishment of five years’ imprisonment was sub-
sion’’ after ‘‘or a State’’ in first par. stituted for ‘‘ten years’’ to conform with other sections
Pub. L. 104–294, § 607(n)(2), added last par. defining embracing offenses of comparable gravity.
‘‘State’’ for purposes of this section. Minor changes were made in phraseology.
Pub. L. 104–208 substituted ‘‘imprisoned not more
than 25 years (if the offense was committed to facili- Editorial Notes
tate an act of international terrorism (as defined in
section 2331 of this title)), 20 years (if the offense was AMENDMENTS
committed to facilitate a drug trafficking crime (as de- 2002—Pub. L. 107–273 substituted ‘‘to facilitate’’ for
fined in section 929(a) of this title)), 10 years (in the ‘‘to facility’’ in last par.
case of the first or second such offense, if the offense 1996—Pub. L. 104–208 substituted ‘‘imprisoned not
was not committed to facility such an act of inter- more than 25 years (if the offense was committed to fa-
national terrorism or a drug trafficking crime), or 15 cilitate an act of international terrorism (as defined in
years (in the case of any other offense)’’ for ‘‘impris- section 2331 of this title)), 20 years (if the offense was
oned not more than 10 years’’ in third par. committed to facilitate a drug trafficking crime (as de-
1994—Pub. L. 103–322, § 330016(1)(G), which directed the fined in section 929(a) of this title)), 10 years (in the
amendment of this section by substituting ‘‘under this case of the first or second such offense, if the offense
title’’ for ‘‘not more than $500’’, could not be executed was not committed to facility such an act of inter-
because the words ‘‘not more than $500’’ did not appear national terrorism or a drug trafficking crime), or 15
in text subsequent to amendment by Pub. L. 103–322, years (in the case of any other offense)’’ for ‘‘impris-
§ 130009(a)(1). See below. oned not more than 10 years’’ in last par.
Pub. L. 103–322, § 130009(a)(1), substituted ‘‘under this 1994—Pub. L. 103–322, § 330016(1)(I), which directed the
title, imprisoned not more than 10 years’’ for ‘‘not amendment of this section by substituting ‘‘under this
more than $500 or imprisoned not more than one year’’ title’’ for ‘‘not more than $2,000’’, could not be executed
in last par. because the words ‘‘not more than $2,000’’ did not ap-
pear in text subsequent to amendment by Pub. L.
Statutory Notes and Related Subsidiaries 103–322, § 130009(a)(2). See below.
Pub. L. 103–322, § 130009(a)(2), substituted ‘‘under this
EFFECTIVE DATE OF 1996 AMENDMENT title, imprisoned not more than 10 years’’ for ‘‘not
Amendment by Pub. L. 104–208 applicable with re- more than $2,000 or imprisoned not more than five
spect to offenses occurring on or after Sept. 30, 1996, see years’’ in last par.
section 211(c) of Pub. L. 104–208, set out as a note under
section 1028 of this title. Statutory Notes and Related Subsidiaries
§ 1542. False statement in application and use of EFFECTIVE DATE OF 1996 AMENDMENT
passport Amendment by Pub. L. 104–208 applicable with re-
spect to offenses occurring on or after Sept. 30, 1996, see
Whoever willfully and knowingly makes any section 211(c) of Pub. L. 104–208, set out as a note under
false statement in an application for passport section 1028 of this title.
with intent to induce or secure the issuance of
a passport under the authority of the United § 1543. Forgery or false use of passport
States, either for his own use or the use of an- Whoever falsely makes, forges, counterfeits,
other, contrary to the laws regulating the mutilates, or alters any passport or instrument
issuance of passports or the rules prescribed pur- purporting to be a passport, with intent that the
suant to such laws; or same may be used; or
Whoever willfully and knowingly uses or at- Whoever willfully and knowingly uses, or at-
tempts to use, or furnishes to another for use tempts to use, or furnishes to another for use
any passport the issue of which was secured in any such false, forged, counterfeited, mutilated,
any way by reason of any false statement— or altered passport or instrument purporting to
Shall be fined under this title, imprisoned not be a passport, or any passport validly issued
more than 25 years (if the offense was com- which has become void by the occurrence of any
mitted to facilitate an act of international ter- condition therein prescribed invalidating the
rorism (as defined in section 2331 of this title)), same—
20 years (if the offense was committed to facili- Shall be fined under this title, imprisoned not
tate a drug trafficking crime (as defined in sec- more than 25 years (if the offense was com-
tion 929(a) of this title)), 10 years (in the case of mitted to facilitate an act of international ter-
the first or second such offense, if the offense rorism (as defined in section 2331 of this title)),
was not committed to facilitate such an act of 20 years (if the offense was committed to facili-
international terrorism or a drug trafficking tate a drug trafficking crime (as defined in sec-
crime), or 15 years (in the case of any other of- tion 929(a) of this title)), 10 years (in the case of
fense), or both. the first or second such offense, if the offense
(June 25, 1948, ch. 645, 62 Stat. 771; Pub. L. was not committed to facilitate such an act of
103–322, title XIII, § 130009(a)(2), title XXXIII, international terrorism or a drug trafficking
§ 330016(1)(I), Sept. 13, 1994, 108 Stat. 2030, 2147; crime), or 15 years (in the case of any other of-
Pub. L. 104–208, div. C, title II, § 211(a)(2), Sept. fense), or both.
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