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18 U.S.C. § 5032 — Delinquency proceedings in district courts; transfer for criminal prosecution

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

18 U.S.C. § 5032 — Delinquency proceedings in district courts; transfer for criminal prosecution

A juvenile alleged to have committed an act of juvenile delinquency, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months, shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court of the United States that (1) the juvenile court or other appropriate court of a State does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an offense described in section 401 of the Controlled Substances Act ([21 U.S.C. 841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841&num=0&edition=prelim)), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act ([21 U.S.C. 952(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section952/a&num=0&edition=prelim), 953, 955, 959, 960(b)(1), (2), (3)), section 922(x) or section 924(b), (g), or (h) of this title, and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.

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Source file: Laws/federal/codes/united-states-code/title-18/section-5032-delinquency-proceedings-in-district-courts-transfer-for-criminal-prosecu--7a4ee54daf.md
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Source location: Title 18, Chapter 403, § 5032; chapter-403-juvenile-delinquency.md

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

18 U.S.C. § 922 — Unlawful acts

**(a)** It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; (2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; (B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of [section 1715 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1715&num=0&edition=prelim), is eligible to receive through the mails pistols, revolvers,

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

21 U.S.C. § 841 — Prohibited acts A

**(a) Unlawful acts** Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. **(b) Penalties** Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) (A) In the case of a violation of subsection (a) of this section involving— (i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; (ii) 5 kilograms or more of a mixture or substance containing a detectable amount of— (I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (II) cocaine, its salts, optical and geometric isomers, and salts of isomers; (III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); (iii) 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; (iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [

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

18 U.S.C. § 5033 — Custody prior to appearance before magistrate judge

Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile’s parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense.

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

18 U.S.C. § 3401 — Misdemeanors; application of probation laws

**(a)** When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate judge shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district. **(b)** Any person charged with a misdemeanor, other than a petty offense may elect, however, to be tried before a district judge for the district in which the offense was committed. The magistrate judge shall carefully explain to the defendant that he has a right to trial, judgment, and sentencing by a district judge and that he may have a right to trial by jury before a district judge or magistrate judge. The magistrate judge may not proceed to try the case unless the defendant, after such explanation, expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Any such consent and waiver shall be made in writing or orally on the record. **(c)** A magistrate judge who exercises trial jurisdiction under this section, and before whom a person is convicted or pleads either guilty or nolo contendere, may, with the approval of a judge of the district court, direct the probation service of the court to conduct a presentence investigation on that person and render a report to the magistrate judge prior to the imposition of sentence. **(d)** The probation laws shall be applicable to persons tried by a magistrate judge under this section, and such officer shall have power to grant probation and to revoke, modify, or reinstate the probation of any person granted probation by a magistrate judge. **(e)** Proceedings before United States magistrate judges under this section shall be taken down by a court reporte

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

18 U.S.C. § 5001 — Surrender to State authorities; expenses

Whenever any person under twenty-one years of age has been arrested, charged with the commission of an offense punishable in any court of the United States or of the District of Columbia, and, after investigation by the Department of Justice, it appears that such person has committed an offense or is a delinquent under the laws of any State or of the District of Columbia which can and will assume jurisdiction over such juvenile and will take him into custody and deal with him according to the laws of such State or of the District of Columbia, and that it will be to the best interest of the United States and of the juvenile offender, the United States attorney of the district in which such person has been arrested may forego his prosecution and surrender him as herein provided, unless such surrender is precluded under [section 5032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5032&num=0&edition=prelim).

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

18 U.S.C. § 5038 — Use of juvenile records

**(a)** Throughout and upon the completion of the juvenile delinquency proceeding, the records shall be safeguarded from disclosure to unauthorized persons. The records shall be released to the extent necessary to meet the following circumstances: (1) inquiries received from another court of law; (2) inquiries from an agency preparing a presentence report for another court; (3) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position within that agency; (4) inquiries, in writing, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court; (5) inquiries from an agency considering the person for a position immediately and directly affecting the national security; and (6) inquiries from any victim of such juvenile delinquency, or if the victim is deceased from the immediate family of such victim, related to the final disposition of such juvenile by the court in accordance with section 5037. Unless otherwise authorized by this section, information about the juvenile record may not be released when the request for information is related to an application for employment, license, bonding, or any civil right or privilege. Responses to such inquiries shall not be different from responses made about persons who have never been involved in a delinquency proceeding. **(b)** District courts exercising jurisdiction over any juvenile shall inform the juvenile, and his parent or guardian, in writing in clear and nontechnical language, of rights relating to his juvenile record. **(c)** During the course of any juvenile delinquency proceeding, all information and records relating to the proceeding, which are obtained or prepared in the discha

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 5038

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

18 U.S.C. § 751 — Prisoners in custody of institution or officer

**(a)** Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both. **(b)** Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person’s eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under [section 5034 of this title](https://

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

34 U.S.C. § 11311 — Definitions

In this subchapter— (1) the term “at-risk” has the meaning given that term in [section 6472 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6472&num=0&edition=prelim); (2) the term “eligible entity” means— (A) a unit of local government that is in compliance with the requirements of part B of subchapter II; or (B) a nonprofit organization in partnership with a unit of local government described in subparagraph (A); (3) the term “delinquency prevention program” means a delinquency prevention program that is evidence-based or promising and that may include— (A) alcohol and substance abuse prevention or treatment services; (B) tutoring and remedial education, especially in reading and mathematics; (C) child and adolescent health and mental health services; (D) recreation services; (E) leadership and youth development activities; (F) the teaching that individuals are and should be held accountable for their actions; (G) assistance in the development of job training skills; (H) youth mentoring programs; (I) after-school programs; (J) coordination of a continuum of services that may include— (i) early childhood development services; (ii) voluntary home visiting programs; (iii) nurse-family partnership programs; (iv) parenting skills training; (v) child abuse prevention programs; (vi) family stabilization programs; (vii) child welfare services; (viii) family violence intervention programs; (ix) adoption assistance programs; (x) emergency, transitional and permanent housing assistance; (xi) job placement and retention training; (xii) summer jobs programs; (xiii) alternative school resources for youth who have dropped out of school or d

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

18 U.S.C. § 5032 — Untitled legal text

Page 947 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 5032 Sec. 5034. Duties of magistrate judge. 5035. Detention prior to disposition. 5036. Speedy trial. 5037. Dispositional hearing. 5038. Use of juvenile records. 5039. Commitment. 5040. Support. 5041. Repealed. 5042. Revocation of probation. 5043. Juvenile solitary confinement. Editorial Notes AMENDMENTS 2018—Pub. L. 115–391, title VI, § 613(b), Dec. 21, 2018, 132 Stat. 5249, added item 5043. 1990—Pub. L. 101–647, title XXXV, § 3599H, Nov. 29, 1990, 104 Stat. 4932, substituted ‘‘probation’’ for ‘‘Proba- tion’’ in item 5042. 1984—Pub. L. 98–473, title II, § 214(d), Oct. 12, 1984, 98 Stat. 2014, substituted ‘‘Repealed’’ for ‘‘Parole’’ in item 5041, and ‘‘Revocation of Probation’’ for ‘‘Revocation of parole or probation’’ in item 5042. 1974—Pub. L. 93–415, title V, § 513, Sept. 7, 1974, 88 Stat. 1138, substituted ‘‘Delinquency proceedings in dis- trict courts; transfer for criminal prosecution.’’ for ‘‘Proceeding against juvenile delinquent.’’ in item 5032; ‘‘Custody prior to appearance before magistrate.’’ for ‘‘Jurisdiction; written consent; jury trial precluded.’’ in item 5033; ‘‘Duties of magistrate.’’ for ‘‘Probation; commitment to custody of Attorney General; support.’’ in item 5034; ‘‘Detention prior to disposition.’’ for ‘‘Ar- rest, detention and bail.’’ in item 5035; ‘‘Speedy trial.’’ for ‘‘Contracts for support; payment.’’ in item 5036; ‘‘Dispositional hearing.’’ for ‘‘Parole.’’ in item 5037; and added items 5038 to 5042. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in items 5033 and 5034 pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicia

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

21 U.S.C. § 841 — Prohibited acts A

Page 839 TITLE 21—FOOD AND DRUGS § 841 issued, the Secretary of Veterans Affairs shall report to the Attorney General the authoriza- tion of that emergency prescription. (j) Clarification concerning prescription trans- fers Any transfer between pharmacies of informa- tion relating to a prescription for a controlled substance shall meet the applicable require- ments under regulations promulgated by the At- torney General under this chapter. (Pub. L. 91–513, title II, § 311, as added Pub. L. 110–425, § 3(d)(1), Oct. 15, 2008, 122 Stat. 4825; amended Pub. L. 115–271, title III, § 3232, Oct. 24, 2018, 132 Stat. 3950; Pub. L. 117–215, title I, § 103(b)(1)(F), Dec. 2, 2022, 136 Stat. 2263.) Editorial Notes REFERENCES IN TEXT Section 309, referred to in subsec. (c)(7), is section 309 of Pub. L. 91–513, which is classified to section 829 of this title. For effective date of this section, referred to in sub- sec. (d)(3), see Effective Date note below. The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (g)(1), (2)(B), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indi- ans. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. This chapter, referred to in subsec. (j), was in the original ‘‘this Act’’, meaning Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 801 of this title and Tables. AMENDMENTS 2022—Subsec. (h)(1)(B). Pub. L. 117–215 substituted ‘‘823(g)’’ for ‘‘823(f)’’ wherever appearing. 2018—Subsec. (h)(2). Pub. L. 115–271 amended par. (2) generally. Prior to amendment, te

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 841

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