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18 U.S.C. § 1841 — Protection of unborn children

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1841 — Protection of unborn children

**(a)** (1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. (2) (A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child’s mother. (B) An offense under this section does not require proof that— (i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. (C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being. (D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. **(b)** The provisions referred to in subsection (a) are the following: (1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, an

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Source file: Laws/federal/codes/united-states-code/title-18/section-1841-protection-of-unborn-children--74c670e86e.md
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Source location: Title 18, Chapter 90A, § 1841; chapter-90a-protection-of-unborn-children.md

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**(a)** (1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. (2) (A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child’s mother. (B) An offense under this section does not require proof that— (i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. (C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being. (D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. **(b)** The provisions referred to in subsection (a) are the following: (1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. (2) Section 408(e) of the Controlled Substances Act of 1970 ([21 U.S.C. 848(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848/e&num=0&edition=prelim)). (3) Section 202 of the Atomic Energy Act of 1954 ([42 U.S.C. 2283](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2283&num=0&edition=prelim)). **(c)** Nothing in this section shall be construed to permit the prosecution— (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) of any person for any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. **(d)** As used in this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 919a — Art. 119a. Death or injury of an unborn child

**(a)** (1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in [section 1365 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1365&num=0&edition=prelim)) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child’s mother. (2) An offense under this section does not require proof that— (i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (ii) the accused intended to cause the death of, or bodily injury to, the unborn child. (3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being. (4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. **(b)** The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 926, 928, and 928a of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and 128a). **(c)** Nothing in this section shall be construed to permit the prosecution— (1) of any person for conduct rel

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 919a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2283 — Protection of nuclear inspectors

**(a) Homicide** Whoever kills any person who performs any inspections which— (1) are related to any activity or facility licensed by the Commission, and (2) are carried out to satisfy requirements under this chapter or under any other Federal law governing the safety of utilization facilities required to be licensed under section 2133 or 2134(b) of this title, or the safety of radioactive materials, shall be punished as provided under sections 1111 and 1112 of title 18. The preceding sentence shall be applicable only if such person is killed while engaged in the performance of such inspection duties or on account of the performance of such duties. **(b) Assault** Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person who performs inspections as described under subsection (a) of this section, while such person is engaged in such inspection duties or on account of the performance of such duties, shall be punished as provided under [section 111 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section111&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1841 — Protection of unborn children

Page 453 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1841 1 So in original. The closing quotation marks probably should follow ‘‘purposes’’ instead of ‘‘ ‘Lanham Act’)’’. owned, controlled, sponsored, commanded, managed, or dominated by a foreign govern- ment; (2) the term ‘‘foreign agent’’ means any offi- cer, employee, proxy, servant, delegate, or rep- resentative of a foreign government; (3) the term ‘‘trade secret’’ means all forms and types of financial, business, scientific, technical, economic, or engineering informa- tion, including patterns, plans, compilations, program devices, formulas, designs, proto- types, methods, techniques, processes, proce- dures, programs, or codes, whether tangible or intangible, and whether or how stored, com- piled, or memorialized physically, electroni- cally, graphically, photographically, or in writing if— (A) the owner thereof has taken reasonable measures to keep such information secret; and (B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the infor- mation; (4) the term ‘‘owner’’, with respect to a trade secret, means the person or entity in whom or in which rightful legal or equitable title to, or license in, the trade secret is reposed; (5) the term ‘‘misappropriation’’ means— (A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (B) disclosure or use of a trade secret of another without express or implied consent by a person who— (i) used improper means to acquire knowledge of the trade secret; (ii) at the time

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 848 — Continuing criminal enterprise

**(a) Penalties; forfeitures** Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim); except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim). **(b) Life imprisonment for engaging in continuing criminal enterprise** Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if— (1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and (2) (A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in sub[section 841(b)(1)(B) of this title](https://uscode.ho

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 848 — Continuing criminal enterprise

Page 856 TITLE 21—FOOD AND DRUGS §§ 845 to 845b of Justice solely for the purpose of determining in any subsequent proceeding whether the per- son qualified for a civil penalty or expungement under this section. If a record is expunged under this subsection, an individual concerning whom such an expungement has been made shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge a proceeding under this section or the results thereof in response to an inquiry made of him for any purpose. (Pub. L. 91–513, title II, § 405, formerly Pub. L. 100–690, title VI, § 6486, Nov. 18, 1988, 102 Stat. 4384, renumbered § 405 of Pub. L. 91–513, and amended Pub. L. 101–647, title X, § 1002(g)(1), (2), Nov. 29, 1990, 104 Stat. 4828.) Editorial Notes PRIOR PROVISIONS A prior section 405 of Pub. L. 91–513 was renumbered section 418 and is classified to section 859 of this title. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–647, § 1002(g)(2)(A), made technical amendments to references to sections 841(b)(1)(A) and 844 of this title to correct references to corresponding provisions of original act. Subsecs. (c), (j)(4). Pub. L. 101–647, § 1002(g)(2)(B), (C), struck out ‘‘as defined in section 802 of this title’’ after ‘‘controlled substance’’. §§ 845 to 845b. Transferred Editorial Notes CODIFICATION Section 845, Pub. L. 91–513, title II, § 405, Oct. 27, 1970, 84 Stat. 1265, as amended, which related to distribution of controlled substances to persons under age twenty- one, was renumbered § 418 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 859 of this title. Section 845a,

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 848

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2283 — Protection of nuclear inspectors

Page 5544 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2283 (B) to take into account special cir- cumstances at a facility that is, or is ex- pected to be, permanently closed and that is expected to be demolished, or title to which is expected to be transferred to another enti- ty for reuse; and (C) to achieve national security missions of the Department of Energy in an efficient and timely manner. (4) No effect on health and safety enforcement This subsection does not diminish or other- wise affect the enforcement or the application of any other law, regulation, order, or contrac- tual obligation relating to worker health and safety. (b) Civil penalties (1) In general A person (or any subcontractor or supplier of the person) who has entered into an agreement of indemnification under section 2210(d) of this title (or any subcontractor or supplier of the person) that violates (or is the employer of a person that violates) any regulation promul- gated under subsection (a) shall be subject to a civil penalty of not more than $70,000 for each such violation. (2) Continuing violations If any violation under this subsection is a continuing violation, each day of the violation shall constitute a separate violation for the purpose of computing the civil penalty under paragraph (1). (c) Contract penalties (1) In general The Secretary shall include in each contract with a contractor of the Department who has entered into an agreement of indemnification under section 2210(d) of this title provisions that provide an appropriate reduction in the fees or amounts paid to the contractor under the contract in the event of a violation by the contractor or contractor employee of any reg- ulation promulgated under subsection (a). (2) Contents The provisions

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2283

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