18 U.S.C. § 1429 — Penalties for neglect or refusal to answer

Page 380 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1428 the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other of- fense), or both. (June 25, 1948, ch. 645, 62 Stat. 767; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title II, § 211(a)(2), Sept. 30, 1996, 110 Stat. 3009–569; Pub. L. 107–273, div. B, title IV, § 4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.) HISTORICAL AND REVISION NOTES Based on subsections (a) par. (13), (d) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, § 346(a)(13), (d), 54 Stat. 1165, 1167). Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 substituted ‘‘to facilitate’’ for ‘‘to facility’’. 1996—Pub. L. 104–208 substituted ‘‘imprisoned not more than 25 years (if the offense was committed to fa- cilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as de- fined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facility such an act of inter- national terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)’’ for ‘‘impris- oned not more than five years’’. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 applicable with re- spect to offenses occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L. 104–208, set out as a note under section 1028 of this title. § 1428. Surrender of canceled naturalization cer- tificate Whoever, having in his possession or control a certificate of naturalization or citizenship or a copy thereof which has been canceled as pro- vided by law, fails to surrender the same after at least sixty days’ notice by the appropriate court or the Commissioner or Deputy Commissioner of Immigration, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 767; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on subsections (a) par. (31), (b), (d) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, § 346(a) par. (31), (b), (d), 54 Stat. 1167). Subsection (b) of said section 746 of title 8 is the au- thority for inserting ‘‘or a copy thereof’’ after ‘‘citizen- ship.’’ Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, transferred to At- torney General, with power vested, in him to authorize their performance or performance of any of his func- tions by any of such officers, agencies, and employees, by Reorg. Plan No. 2, of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. § 1429. Penalties for neglect or refusal to answer subpena Any person who has been subpenaed under the provisions of subsection (d) of section 336 of the Immigration and Nationality Act to appear at the final hearing of an application for natu- ralization, and who shall neglect or refuse to so appear and to testify, if in the power of such per- son to do so, shall be fined under this title or imprisoned not more than five years, or both. (Added June 27, 1952, ch. 477, title IV, § 402(b), 66 Stat. 276; amended Pub. L. 97–116, § 18(u)(1), Dec. 29, 1981, 95 Stat. 1621; Pub. L. 101–649, title IV, § 407(c)(21), Nov. 29, 1990, 104 Stat. 5041; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes REFERENCES IN TEXT Subsection (d) of section 336 of the Immigration and Nationality Act, referred to in text, is classified to sec- tion 1447(d) of Title 8, Aliens and Nationality. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1990—Pub. L. 101–649 substituted ‘‘an application’’ for ‘‘a petition’’. 1981—Pub. L. 97–116 substituted ‘‘subsection (d)’’ for ‘‘subsection (e)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT; SAVINGS PROVISIONS Amendment by Pub. L. 101–649 effective Nov. 29, 1990, with general savings provisions, see section 408(a)(3) and (d) of Pub. L. 101–649, set out as a note under sec- tion 1421 of Title 8, Aliens and Nationality. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of Title 8, Aliens and Nationality. CHAPTER 71—OBSCENITY Sec. 1460. Possession with intent to sell, and sale, of ob- scene matter on Federal property. 1461. Mailing obscene or crime-inciting matter. 1462. Importation or transportation of obscene matters.