Title 18 — Crimes and Criminal Procedure — § 371. Conspiracy to commit offense or to defraud United States
Summary
These pages (108 and 109) of Title 18 of the printed U.S. Code carry 18 U.S.C. § 371: if two or more persons conspire to commit any offense against the United States, or to defraud the United States or any agency thereof, and one or more of them does any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If the object is a misdemeanor only, the punishment may not exceed that misdemeanor's maximum. The revision notes say the 1948 section consolidated former sections 88 and 294, raised the penalty from 2 years to 5 years and inserted 'or any agency thereof' to reflect court rulings; a 1994 amendment replaced a $10,000 fine limit with 'fined under this title'. The pages also carry the end of section 351 and sections 372 and 373.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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§ 371 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 108
nomination, shall be punished as provided by Subsec. (e). Pub. L. 103–322, § 330016(1)(L), substituted
sections 1111 and 1112 of this title. ‘‘shall be fined under this title’’ for ‘‘shall be fined not
(b) Whoever kidnaps any individual designated more than $10,000’’ after ‘‘personal injury results,’’.
Pub. L. 103–322, § 320101(d)(4), substituted ‘‘imprisoned
in subsection (a) of this section shall be pun-
not more than ten years’’ for ‘‘imprisoned for not more
ished (1) by imprisonment for any term of years than ten years’’.
or for life, or (2) by death or imprisonment for Pub. L. 103–322, § 320101(d)(3), which provided for
any term of years or for life, if death results to amendment identical to Pub. L. 103–322, § 330016(1)(L),
such individual. above, was repealed by Pub. L. 104–294, § 604(b)(12)(C).
(c) Whoever attempts to kill or kidnap any in- Pub. L. 103–322, § 320101(d)(2), inserted ‘‘the assault in-
dividual designated in subsection (a) of this sec- volved in the use of a dangerous weapon, or’’ after ‘‘and
tion shall be punished by imprisonment for any if’’.
Pub. L. 103–322, §§ 320101(d)(1), 330016(1)(K), amended
term of years or for life.
subsec. (e) identically, substituting ‘‘shall be fined
(d) If two or more persons conspire to kill or under this title’’ for ‘‘shall be fined not more than
kidnap any individual designated in subsection $5,000’’ after ‘‘subsection (a) of this section’’.
(a) of this section and one or more of such per- 1988—Subsec. (a). Pub. L. 100–690 inserted a comma
sons do any act to effect the object of the con- after ‘‘section 3056 of this title)’’.
spiracy, each shall be punished (1) by imprison- 1986—Subsec. (a). Pub. L. 99–646, § 62(1), inserted ‘‘a
ment for any term of years or for life, or (2) by major Presidential or Vice Presidential candidate (as
death or imprisonment for any term of years or defined in section 3056 of this title)’’.
for life, if death results to such individual. Subsec. (h). Pub. L. 99–646, § 62(2), substituted ‘‘indi-
vidual’’ for ‘‘official’’.
(e) Whoever assaults any person designated in 1982—Pub. L. 97–285, § 2(a), substituted ‘‘Congres-
subsection (a) of this section shall be fined sional, Cabinet, and Supreme Court assassination, kid-
under this title, or imprisoned not more than naping, and assault; penalties’’ for ‘‘Congressional as-
one year, or both; and if the assault involved the sassination, kidnaping, and assault’’ in section catch-
use of a dangerous weapon, or personal injury line.
results, shall be fined under this title, or impris- Subsec. (a). Pub. L. 97–285, § 1(a), expanded coverage of
oned not more than ten years, or both. subsec. (a) to cover the killing of any individual who is
(f) If Federal investigative or prosecutive ju- a member of the executive branch of the Government
and the head, or a person nominated to be head during
risdiction is asserted for a violation of this sec-
the pendency of such nomination, of a department list-
tion, such assertion shall suspend the exercise of ed in section 101 of title 5 or the second ranking official
jurisdiction by a State or local authority, under in such department, the Director (or a person nomi-
any applicable State or local law, until Federal nated to be Director during the pendency of such nomi-
action is terminated. nation) or Deputy Director of Central Intelligence, or a
(g) Violations of this section shall be inves- Justice of the United States, as defined in section 451
tigated by the Federal Bureau of Investigation. of title 28, or a person nominated to be a Justice of the
Assistance may be requested from any Federal, United States, during the pendency of such nomina-
tion.
State, or local agency, including the Army,
Subsecs. (h), (i). Pub. L. 97–285, § 1(b), added subsecs.
Navy, and Air Force, any statute, rule, or regu- (h) and (i).
lation to the contrary notwithstanding.
(h) In a prosecution for an offense under this Statutory Notes and Related Subsidiaries
section the Government need not prove that the
defendant knew that the victim of the offense EFFECTIVE DATE OF 1996 AMENDMENT
was an individual protected by this section. Amendment by Pub. L. 104–294 effective Sept. 13, 1994,
(i) There is extraterritorial jurisdiction over see section 604(d) of Pub. L. 104–294, set out as a note
the conduct prohibited by this section. under section 13 of this title.
(Added Pub. L. 91–644, title IV, § 15, Jan. 2, 1971, REPORT TO MEMBER OF CONGRESS ON INVESTIGATION
84 Stat. 1891; amended Pub. L. 97–285, §§ 1, 2(a), CONDUCTED SUBSEQUENT TO THREAT ON MEMBER’S LIFE
Oct. 6, 1982, 96 Stat. 1219; Pub. L. 99–646, § 62, Nov. Pub. L. 95–624, § 19, Nov. 9, 1978, 92 Stat. 3466, provided
10, 1986, 100 Stat. 3614; Pub. L. 100–690, title VII, that: ‘‘The Federal Bureau of Investigation shall pro-
§ 7074, Nov. 18, 1988, 102 Stat. 4405; Pub. L. 103–322, vide a written report to a Member of Congress on any
title XXXII, § 320101(d), title XXXIII, investigation conducted based on a threat on the Mem-
§§ 330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108 ber’s life under section 351 of title 18 of the United
States Code.’’
Stat. 2108, 2147, 2150; Pub. L. 104–294, title VI,
§ 604(b)(12)(C), (c)(2), Oct. 11, 1996, 110 Stat. 3507, CHAPTER 19—CONSPIRACY
3509; Pub. L. 112–87, title V, § 506, Jan. 3, 2012, 125
Stat. 1897.) Sec.
371. Conspiracy to commit offense or to defraud
Editorial Notes United States.
372. Conspiracy to impede or injure officer.
AMENDMENTS 373. Solicitation to commit a crime of violence.
2012—Subsec. (a). Pub. L. 112–87 inserted ‘‘the Direc-
tor (or a person nominated to be Director during the Editorial Notes
pendency of such nomination) or Principal Deputy Di-
AMENDMENTS
rector of National Intelligence,’’ after ‘‘in such depart-
ment,’’ and substituted ‘‘the Central Intelligence Agen- 1984—Pub. L. 98–473, title II, § 1003(b), Oct. 12, 1984, 98
cy,’’ for ‘‘Central Intelligence,’’. Stat. 2138, added item 373.
1996—Subsec. (e). Pub. L. 104–294, § 604(c)(2), sub-
stituted ‘‘involved the use’’ for ‘‘involved in the use’’. § 371. Conspiracy to commit offense or to defraud
Pub. L. 104–294, § 604(b)(12)(C), repealed Pub. L. 103–322, United States
§ 320101(d)(3). See 1994 Amendment note below.
1994—Pub. L. 103–322, § 330021(1), substituted ‘‘kidnap- If two or more persons conspire either to com-
ping’’ for ‘‘kidnaping’’ in section catchline. mit any offense against the United States, or to
Page 109 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 373
defraud the United States, or any agency there- with the gravity of the offense. Special conspiracy pro-
of in any manner or for any purpose, and one or visions were retained in sections 241, 286, 372, 757, 794,
more of such persons do any act to effect the ob- 956, 1201, 2271, 2384 and 2388 of this title. Special con-
spiracy provisions were added to sections 2153 and 2154
ject of the conspiracy, each shall be fined under
of this title.
this title or imprisoned not more than five
years, or both. Editorial Notes
If, however, the offense, the commission of
which is the object of the conspiracy, is a mis- AMENDMENTS
demeanor only, the punishment for such con- 1994—Pub. L. 103–322 substituted ‘‘fined under this
spiracy shall not exceed the maximum punish- title’’ for ‘‘fined not more than $10,000’’.
ment provided for such misdemeanor.
§ 372. Conspiracy to impede or injure officer
(June 25, 1948, ch. 645, 62 Stat. 701; Pub. L.
103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, If two or more persons in any State, Territory,
108 Stat. 2147.) Possession, or District conspire to prevent, by
force, intimidation, or threat, any person from
HISTORICAL AND REVISION NOTES
accepting or holding any office, trust, or place
Based on title 18, U.S.C., 1940 ed., §§ 88, 294 (Mar. 4, of confidence under the United States, or from
1909, ch. 321, § 37, 35 Stat. 1096; Mar. 4, 1909, ch. 321, discharging any duties thereof, or to induce by
§ 178a, as added Sept. 27, 1944, ch. 425, 58 Stat. 752). like means any officer of the United States to
This section consolidates said sections 88 and 294 of
leave the place, where his duties as an officer
title 18, U.S.C., 1940 ed.
To reflect the construction placed upon said section are required to be performed, or to injure him in
88 by the courts the words ‘‘or any agency thereof’’ his person or property on account of his lawful
were inserted. (See Haas v. Henkel, 1909, 30 S. Ct. 249, 216 discharge of the duties of his office, or while en-
U. S. 462, 54 L. Ed. 569, 17 Ann. Cas. 1112, where court gaged in the lawful discharge thereof, or to in-
said: ‘‘The statute is broad enough in its terms to in- jure his property so as to molest, interrupt,
clude any conspiracy for the purpose of impairing, ob- hinder, or impede him in the discharge of his of-
structing, or defeating the lawful functions of any de- ficial duties, each of such persons shall be fined
partment of government.’’ Also, see United States v.
under this title or imprisoned not more than six
Walter, 1923, 44 S. Ct. 10, 263 U. S. 15, 68 L. Ed. 137, and
definitions of department and agency in section 6 of years, or both.
this title.) (June 25, 1948, ch. 645, 62 Stat. 701; Pub. L.
The punishment provision is completely rewritten to 107–273, div. B, title IV, § 4002(d)(1)(D), Nov. 2,
increase the penalty from 2 years to 5 years except
2002, 116 Stat. 1809.)
where the object of the conspiracy is a misdemeanor. If
the object is a misdemeanor, the maximum imprison- HISTORICAL AND REVISION NOTES
ment for a conspiracy to commit that offense, under
the revised section, cannot exceed 1 year. Based on title 18, U.S.C., 1940 ed., § 54 (Mar. 4, 1909, ch.
The injustice of permitting a felony punishment on 321, § 21, 35 Stat. 1092).
conviction for conspiracy to commit a misdemeanor is Scope of section was enlarged to cover all possessions
described by the late Hon. Grover M. Moscowitz, United of the United States. When the section was first en-
States district judge for the eastern district of New acted in 1861 there were no possessions, and hence the
York, in an address delivered March 14, 1944, before the use of the words ‘‘State or Territory’’ was sufficient to
section on Federal Practice of the New York Bar Asso- describe the area then subject to the jurisdiction of the
ciation, reported in 3 Federal Rules Decisions, pages United States. The word ‘‘District’’ was inserted by the
380–392. codifiers of the 1909 Criminal Code.
Hon. John Paul, United States district judge for the
western district of Virginia, in a letter addressed to Editorial Notes
Congressman Eugene J. Keogh dated January 27, 1944,
AMENDMENTS
stresses the inadequacy of the 2-year sentence pre-
scribed by existing law in cases where the object of the 2002—Pub. L. 107–273 substituted ‘‘under this title’’
conspiracy is the commission of a very serious offense. for ‘‘not more than $5,000’’.
The punishment provision of said section 294 of title
18 was considered for inclusion in this revised section. § 373. Solicitation to commit a crime of violence
It provided the same penalties for conspiracy to violate
the provisions of certain counterfeiting laws, as are ap- (a) Whoever, with intent that another person
plicable in the case of conviction for the specific viola- engage in conduct constituting a felony that has
tions. Such a punishment would seem as desirable for as an element the use, attempted use, or threat-
all conspiracies as for such offenses as counterfeiting ened use of physical force against property or
and transporting stolen property in interstate com- against the person of another in violation of the
merce. laws of the United States, and under cir-
A multiplicity of unnecessary enactments inevitably cumstances strongly corroborative of that in-
leads to confusion and disregard of law. (See reviser’s
tent, solicits, commands, induces, or otherwise
note under section 493 of this title.)
Since consolidation was highly desirable and because endeavors to persuade such other person to en-
of the strong objections of prosecutors to the general gage in such conduct, shall be imprisoned not
application of the punishment provision of said section more than one-half the maximum term of im-
294, the revised section represents the best compromise prisonment or (notwithstanding section 3571)
that could be devised between sharply conflicting fined not more than one-half of the maximum
views. fine prescribed for the punishment of the crime
A number of special conspiracy provisions, relating solicited, or both; or if the crime solicited is
to specific offenses, which were contained in various
punishable by life imprisonment or death, shall
sections incorporated in this title, were omitted be-
cause adequately covered by this section. A few excep- be imprisoned for not more than twenty years.
tions were made, (1) where the conspiracy would con- (b) It is an affirmative defense to a prosecu-
stitute the only offense, or (2) where the punishment tion under this section that, under cir-
provided in this section would not be commensurate cumstances manifesting a voluntary and com-
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