18 U.S.C. § 2237 — Criminal sanctions for failure to heave to,

Page 512 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2235 (June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title III, § 3002(a)(3), Nov. 2, 2002, 116 Stat. 1805.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 631 (June 15, 1917, ch. 30, title XI, § 21, 40 Stat. 230). Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 inserted ‘‘, or both’’ after ‘‘year’’. 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2235. Search warrant procured maliciously Whoever maliciously and without probable cause procures a search warrant to be issued and executed, shall be fined under this title or im- prisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title III, § 3002(a)(3), Nov. 2, 2002, 116 Stat. 1805.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 630 (June 15, 1917, ch. 30, title XI, § 20, 40 Stat. 230). Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 inserted ‘‘, or both’’ after ‘‘year’’. 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2236. Searches without warrant Whoever, being an officer, agent, or employee of the United States or any department or agen- cy thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or ma- liciously and without reasonable cause searches any other building or property without a search warrant, shall be fined under this title for a first offense; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to any person— (a) serving a warrant of arrest; or (b) arresting or attempting to arrest a per- son committing or attempting to commit an offense in his presence, or who has com- mitted or is suspected on reasonable grounds of having committed a felony; or (c) making a search at the request or invi- tation or with the consent of the occupant of the premises. (June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(iii), Nov. 2, 2002, 116 Stat. 1809.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 53a (Aug. 27, 1935, ch. 740, § 201, 49 Stat. 877). Words ‘‘or any department or agency thereof’’ were inserted to avoid ambiguity as to scope of section. (See definitive section 6 of this title.) The exception in the case of an invitation or the con- sent of the occupant, was inserted to make the section complete and remove any doubt as to the application of this section to searches which have uniformly been upheld. Reference to misdemeanor was omitted in view of de- finitive section 1 of this title. (See reviser’s note under section 212 of this title.) Words ‘‘upon conviction thereof shall be’’ were omit- ted as surplusage, since punishment cannot be imposed until conviction is secured. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 inserted ‘‘under this title’’ after ‘‘warrant, shall be fined’’ and struck out ‘‘not more than $1,000’’ after ‘‘for a first offense’’. 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information (a)(1) It shall be unlawful for the master, oper- ator, or person in charge of a vessel of the United States, or a vessel subject to the juris- diction of the United States, to knowingly fail to obey an order by an authorized Federal law enforcement officer to heave to that vessel. (2) It shall be unlawful for any person on board a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to— (A) forcibly resist, oppose, prevent, impede, intimidate, or interfere with a boarding or other law enforcement action authorized by any Federal law or to resist a lawful arrest; or (B) provide materially false information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel’s des- tination, origin, ownership, registration, na- tionality, cargo, or crew. (b)(1) Except as otherwise provided in this sub- section, whoever knowingly violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. (2)(A) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and has an aggra- vating factor set forth in subparagraph (B) of this paragraph, the offender shall be fined under this title or imprisoned for any term of years or life, or both. (B) The aggravating factor referred to in sub- paragraph (A) is that the offense— (i) results in death; or (ii) involves— (I) an attempt to kill; (II) kidnapping or an attempt to kidnap; or (III) an offense under section 2241. (3) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and results in serious bodily injury (as defined in section 1365), the of- fender shall be fined under this title or impris- oned for not more than 15 years, or both. (4) If the offense is one under paragraph (1) or (2)(A) of subsection (a), involves knowing trans- portation under inhumane conditions, and is committed in the course of a violation of section Page 513 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2241 1 Section catchline amended by Pub. L. 109–248 without cor- responding amendment of chapter analysis. 274 of the Immigration and Nationality Act, or chapter 77 or section 113 (other than under sub- section (a)(4) or (a)(5) of such section) or 117 of this title, the offender shall be fined under this title or imprisoned for not more than 15 years, or both. (c) This section does not limit the authority of a customs officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 1581), or any other provi- sion of law enforced or administered by the Sec- retary of the Treasury or the Secretary of Homeland Security, or the authority of any Fed- eral law enforcement officer under any law of the United States, to order a vessel to stop or heave to. (d) A foreign nation may consent or waive ob- jection to the enforcement of United States law by the United States under this section by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certifi- cation of the Secretary of State or the designee of the Secretary of State. (e) In this section— (1) the term ‘‘Federal law enforcement offi- cer’’ has the meaning given the term in sec- tion 115(c); (2) the term ‘‘heave to’’ means to cause a vessel to slow, come to a stop, or adjust its course or speed to account for the weather conditions and sea state to facilitate a law en- forcement boarding; (3) the term ‘‘vessel subject to the jurisdic- tion of the United States’’ has the meaning given the term in section 70502 of title 46; (4) the term ‘‘vessel of the United States’’ has the meaning given the term in section 70502 of title 46; and (5) the term ‘‘transportation under inhu- mane conditions’’ means— (A) transportation— (i) of one or more persons in an engine compartment, storage compartment, or other confined space; (ii) at an excessive speed; or (iii) of a number of persons in excess of the rated capacity of the vessel; or (B) intentional grounding of a vessel in which persons are being transported. (Added Pub. L. 109–177, title III, § 303(a), Mar. 9, 2006, 120 Stat. 233; amended Pub. L. 111–281, title IX, § 917, Oct. 15, 2010, 124 Stat. 3021.) Editorial Notes REFERENCES IN TEXT Section 274 of the Immigration and Nationality Act, referred to in subsec. (b)(4), is classified to section 1324 of Title 8, Aliens and Nationality. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–281, § 917(a), amended subsec. (b) generally. Prior to amendment subsec. (b) read as follows: ‘‘Any person who intentionally violates this section shall be fined under this title or impris- oned for not more than 5 years, or both.’’ Subsec. (e)(3). Pub. L. 111–281, § 917(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘the term ‘vessel subject to the jurisdiction of the United States’ has the meaning given the term in section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and’’. Subsec. (e)(4). Pub. L. 111–281, § 917(b)(2), substituted ‘‘section 70502 of title 46; and’’ for ‘‘section 2 of the Mar- itime Drug Law Enforcement Act (46 U.S.C. App. 1903).’’ Subsec. (e)(5). Pub. L. 111–281, § 917(b)(3), added par. (5). CHAPTER 109A—SEXUAL ABUSE Sec. 2241. Aggravated sexual abuse. 2242. Sexual abuse. 2243. Sexual abuse of a minor, a ward, or an indi- vidual in Federal custody. 2244. Abusive sexual contact. 2245. Sexual abuse resulting in death.1 2246. Definitions for chapter. 2247. Repeat offenders. 2248. Mandatory restitution. Editorial Notes CODIFICATION Pub. L. 99–646 and Pub. L. 99–654 added identical chap- ters 109A. AMENDMENTS 2022—Pub. L. 117–103, div. W, title XII, § 1202(c)(2), Mar. 15, 2022, 136 Stat. 925, substituted ‘‘Sexual abuse of a minor, a ward, or an individual in Federal custody’’ for ‘‘Sexual abuse of a minor or ward’’ in item 2243. 1994—Pub. L. 103–322, title IV, §§ 40111(c), 40113(a)(2), title VI, § 60010(b), Sept. 13, 1994, 108 Stat. 1903, 1907, 1973, redesignated item 2245 as 2246 and added items 2245, 2247, and 2248. § 2241. Aggravated sexual abuse (a) BY FORCE OR THREAT.—Whoever, in the spe- cial maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly causes another person to engage in a sexual act— (1) by using force against that other person; or (2) by threatening or placing that other per- son in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. (b) BY OTHER MEANS.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly— (1) renders another person unconscious and thereby engages in a sexual act with that other person; or (2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby— (A) substantially impairs the ability of that other person to appraise or control con- duct; and (B) engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.