18 U.S.C. § 1541 — Issuance without authority

Page 404 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1541 prohibiting partial-birth abortions. In addition to promoting maternal health, such a prohibition will draw a bright line that clearly distinguishes abor- tion and infanticide, that preserves the integrity of the medical profession, and promotes respect for human life. ‘‘(H) Based upon Roe v. Wade, 410 U.S. 113 (1973) and Planned Parenthood v. Casey, 505 U.S. 833 (1992), a governmental interest in protecting the life of a child during the delivery process arises by virtue of the fact that during a partial-birth abor- tion, labor is induced and the birth process has begun. This distinction was recognized in Roe when the Court noted, without comment, that the Texas parturition statute, which prohibited one from kill- ing a child ‘in a state of being born and before ac- tual birth,’ was not under attack. This interest be- comes compelling as the child emerges from the maternal body. A child that is completely born is a full, legal person entitled to constitutional protec- tions afforded a ‘person’ under the United States Constitution. Partial-birth abortions involve the killing of a child that is in the process, in fact mere inches away from, becoming a ‘person’. Thus, the government has a heightened interest in protecting the life of the partially-born child. ‘‘(I) This, too, has not gone unnoticed in the med- ical community, where a prominent medical asso- ciation has recognized that partial-birth abortions are ‘ethically different from other destructive abor- tion techniques because the fetus, normally twenty weeks or longer in gestation, is killed outside of the womb’. According to this medical association, the ‘ ‘‘partial birth’’ gives the fetus an autonomy which separates it from the right of the woman to choose treatments for her own body’. ‘‘(J) Partial-birth abortion also confuses the med- ical, legal, and ethical duties of physicians to pre- serve and promote life, as the physician acts di- rectly against the physical life of a child, whom he or she had just delivered, all but the head, out of the womb, in order to end that life. Partial-birth abortion thus appropriates the terminology and techniques used by obstetricians in the delivery of living children—obstetricians who preserve and pro- tect the life of the mother and the child—and in- stead uses those techniques to end the life of the partially-born child. ‘‘(K) Thus, by aborting a child in the manner that purposefully seeks to kill the child after he or she has begun the process of birth, partial-birth abor- tion undermines the public’s perception of the ap- propriate role of a physician during the delivery process, and perverts a process during which life is brought into the world, in order to destroy a par- tially-born child. ‘‘(L) The gruesome and inhumane nature of the partial-birth abortion procedure and its disturbing similarity to the killing of a newborn infant pro- motes a complete disregard for infant human life that can only be countered by a prohibition of the procedure. ‘‘(M) The vast majority of babies killed during partial-birth abortions are alive until the end of the procedure. It is a medical fact, however, that un- born infants at this stage can feel pain when sub- jected to painful stimuli and that their perception of this pain is even more intense than that of new- born infants and older children when subjected to the same stimuli. Thus, during a partial-birth abor- tion procedure, the child will fully experience the pain associated with piercing his or her skull and sucking out his or her brain. ‘‘(N) Implicitly approving such a brutal and inhu- mane procedure by choosing not to prohibit it will further coarsen society to the humanity of not only newborns, but all vulnerable and innocent human life, making it increasingly difficult to protect such life. Thus, Congress has a compelling interest in acting—indeed it must act—to prohibit this inhu- mane procedure. ‘‘(O) For these reasons, Congress finds that par- tial-birth abortion is never medically indicated to preserve the health of the mother; is in fact unrec- ognized as a valid abortion procedure by the main- stream medical community; poses additional health risks to the mother; blurs the line between abortion and infanticide in the killing of a partially-born child just inches from birth; and confuses the role of the physician in childbirth and should, therefore, be banned.’’ CHAPTER 75—PASSPORTS AND VISAS Sec. 1541. Issuance without authority. 1542. False statement in application and use of passport. 1543. Forgery or false use of passport. 1544. Misuse of passport. 1545. Safe conduct violation. 1546. Fraud and misuse of visas, permits, and other documents. 1547. Alternative imprisonment maximum for cer- tain offenses. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title XIII, § 130009(b), Sept. 13, 1994, 108 Stat. 2030, added item 1547. 1986—Pub. L. 99–603, title I, § 103(b), Nov. 6, 1986, 100 Stat. 3380, amended item 1546 generally, striking out ‘‘entry’’ before ‘‘documents’’. § 1541. Issuance without authority Whoever, acting or claiming to act in any of- fice or capacity under the United States, or a State, without lawful authority grants, issues, or verifies any passport or other instrument in the nature of a passport to or for any person whomsoever; or Whoever, being a consular officer authorized to grant, issue, or verify passports, knowingly and willfully grants, issues, or verifies any such passport to or for any person not owing alle- giance, to the United States, whether a citizen or not— Shall be fined under this title, imprisoned not more than 25 years (if the offense was com- mitted to facilitate an act of international ter- rorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facili- tate a drug trafficking crime (as defined in sec- tion 929(a) of this title)), 10 years (in the case of 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. For purposes of this section, the term ‘‘State’’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (June 25, 1948, ch. 645, 62 Stat. 771; Pub. L. 103–322, title XIII, § 130009(a)(1), title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2030, 2147; Pub. L. 104–208, div. C, title II, § 211(a)(2), Sept. 30, 1996, 110 Stat. 3009–569; Pub. L. 104–294, title VI, § 607(n), Oct. 11, 1996, 110 Stat. 3512; Pub. L. 107–273, div. B, title IV, § 4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.) HISTORICAL AND REVISION NOTES Based on section 219 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (R.S. 4078; June 14, 1902, ch. 1088, § 3, 32 Stat. 386). Page 405 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1543 The venue provision, which followed the punishment provisions, was omitted as covered by section 3238 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 substituted ‘‘to facilitate’’ for ‘‘to facility’’ in third par. 1996—Pub. L. 104–294, § 607(n)(1), struck out ‘‘or posses- sion’’ after ‘‘or a State’’ in first par. Pub. L. 104–294, § 607(n)(2), added last par. defining ‘‘State’’ for purposes of this section. Pub. L. 104–208 substituted ‘‘imprisoned not more than 25 years (if the offense was committed to facili- tate 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 10 years’’ in third par. 1994—Pub. L. 103–322, § 330016(1)(G), which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $500’’, could not be executed because the words ‘‘not more than $500’’ did not appear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(1). See below. Pub. L. 103–322, § 130009(a)(1), substituted ‘‘under this title, imprisoned not more than 10 years’’ for ‘‘not more than $500 or imprisoned not more than one year’’ in last par. 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. § 1542. False statement in application and use of passport Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of an- other, contrary to the laws regulating the issuance of passports or the rules prescribed pur- suant to such laws; or Whoever willfully and knowingly uses or at- tempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement— Shall be fined under this title, imprisoned not more than 25 years (if the offense was com- mitted to facilitate an act of international ter- rorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facili- tate a drug trafficking crime (as defined in sec- tion 929(a) of this title)), 10 years (in the case of 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. 771; Pub. L. 103–322, title XIII, § 130009(a)(2), title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2030, 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 section 220 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (June 15, 1917, ch. 30, title IX, § 2, 40 Stat. 227; Mar. 28, 1940, ch. 72, § 7, 54 Stat. 80). Mandatory-punishment provision was rephrased in the alternative. Punishment of five years’ imprisonment was sub- stituted for ‘‘ten years’’ to conform with other sections embracing offenses of comparable gravity. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 substituted ‘‘to facilitate’’ for ‘‘to facility’’ in last par. 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 10 years’’ in last par. 1994—Pub. L. 103–322, § 330016(1)(I), which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $2,000’’, could not be executed because the words ‘‘not more than $2,000’’ did not ap- pear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(2). See below. Pub. L. 103–322, § 130009(a)(2), substituted ‘‘under this title, imprisoned not more than 10 years’’ for ‘‘not more than $2,000 or imprisoned not more than five years’’ in last par. 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. § 1543. Forgery or false use of passport Whoever falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or Whoever willfully and knowingly uses, or at- tempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same— Shall be fined under this title, imprisoned not more than 25 years (if the offense was com- mitted to facilitate an act of international ter- rorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facili- tate a drug trafficking crime (as defined in sec- tion 929(a) of this title)), 10 years (in the case of 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.