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18 U.S.C. § 401 — Power of court
Federal law — U.S. Code and appendices · legal_authorities
A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—
(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2) Misbehavior of any of its officers in their official transactions;
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
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Source file: Laws/federal/codes/united-states-code/title-18/section-401-power-of-court--08266fbafd.md
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Source location: Title 18, Chapter 21, § 401; chapter-021-contempts.md
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A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—
(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2) Misbehavior of any of its officers in their official transactions;
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Available Sanctions.—** A person who has been released under [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim), and who has violated a condition of his release, is subject to a revocation of release, an order of detention, and a prosecution for contempt of court.
**(b) Revocation of Release.—** The attorney for the Government may initiate a proceeding for revocation of an order of release by filing a motion with the district court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which such person’s arrest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of release that such person not commit a Federal, State, or local crime during the period of release, shall be brought before the judicial officer who ordered the release and whose order is alleged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer—
(1) finds that there is—
(A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or
(B) clear and convincing evidence that the person has violated any other condition of release; and
(2) finds that—
(A) based on the factors set forth in [section 3142(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142/g&num=0&edition=prelim), there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any o
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3148
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Federal law — U.S. Code and appendices · legal_authorities
Page 110
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 401
plete renunciation of his criminal intent, the de-
fendant prevented the commission of the crime
solicited. A renunciation is not ‘‘voluntary and
complete’’ if it is motivated in whole or in part
by a decision to postpone the commission of the
crime until another time or to substitute an-
other victim or another but similar objective. If
the defendant raises the affirmative defense at
trial, the defendant has the burden of proving
the defense by a preponderance of the evidence.
(c) It is not a defense to a prosecution under
this section that the person solicited could not
be convicted of the crime because he lacked the
state of mind required for its commission, be-
cause he was incompetent or irresponsible, or
because he is immune from prosecution or is not
subject to prosecution.
(Added Pub. L. 98–473, title II, § 1003(a), Oct. 12,
1984, 98 Stat. 2138; amended Pub. L. 99–646, § 26,
Nov. 10, 1986, 100 Stat. 3597; Pub. L. 103–322, title
XXXIII, § 330016(2)(A), Sept. 13, 1994, 108 Stat.
2148.)
Editorial Notes
AMENDMENTS
1994—Subsec. (a). Pub. L. 103–322 inserted ‘‘(notwith-
standing section 3571)’’ before ‘‘fined not more than
one-half’’.
1986—Subsec. (a). Pub. L. 99–646 substituted ‘‘property
or against the person of another’’ for ‘‘the person or
property of another’’ and inserted ‘‘life imprisonment
or’’ before ‘‘death’’.
CHAPTER 21—CONTEMPTS
Sec.
401.
Power of court.
402.
Contempts constituting crimes.
403.
Protection of the privacy of child victims and
child witnesses.
Editorial Notes
AMENDMENTS
1990—Pub. L. 101–647, title II, § 225(b)(2), Nov. 29, 1990,
104 Stat. 4806, added item 403.
1949—Act May 24, 1949, ch. 139, § 8(a), (b), 63 Stat. 90,
struck out ‘‘CONSTITUTING CRIMES’’
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 401
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