18 U.S.C. § 228 — Failure to pay legal child support obliga-

Page 87 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 228 1 See References in Text note below. (3) the President, Vice President, an em- ployee of the United States Postal Service or the Postal Regulatory Commission, or any other executive branch employee (as such term is defined under section 2105 of title 5, United States Code). (Added Pub. L. 110–81, title I, § 102(a), Sept. 14, 2007, 121 Stat. 739; amended Pub. L. 112–105, § 18(a), Apr. 4, 2012, 126 Stat. 304.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–105 inserted ‘‘or an officer or em- ployee of the legislative or executive branch’’ after ‘‘Congress’’ in section catchline, designated existing provisions as subsec. (a), substituted ‘‘a covered gov- ernment person’’ for ‘‘a Senator or Representative in, or a Delegate or Resident Commissioner to, the Con- gress or an employee of either House of Congress’’ in introductory provisions, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–81, title I, § 105(b), Sept. 14, 2007, 121 Stat. 741, provided that: ‘‘The amendments made by section 102 [enacting this section] shall take effect on the date of the enactment of this Act [Sept. 14, 2007].’’ CONSTRUCTION Pub. L. 110–81, title I, § 102(b), Sept. 14, 2007, 121 Stat. 739, provided that: ‘‘Nothing in section 227 of title 18, United States Code, as added by this section, shall be construed to create any inference with respect to whether the activity described in section 227 of title 18, United States Code, was a criminal or civil offense be- fore the enactment of this Act [Sept. 14, 2007], including under section 201(b), 201(c), any of sections 203 through 209, or section 872, of title 18, United States Code.’’ CHAPTER 11A—CHILD SUPPORT Sec. 228. Failure to pay legal child support obligations. § 228. Failure to pay legal child support obliga- tions (a) OFFENSE.—Any person who— (1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; (2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or (3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c). (b) PRESUMPTION.—The existence of a support obligation that was in effect for the time period charged in the indictment or information cre- ates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period. (c) PUNISHMENT.—The punishment for an of- fense under this section is— (1) in the case of a first offense under sub- section (a)(1), a fine under this title, imprison- ment for not more than 6 months, or both; and (2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or sub- sequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both. (d) MANDATORY RESTITUTION.—Upon a convic- tion under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid support obligation as it exists at the time of sentencing. (e) VENUE.—With respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for— (1) the district in which the child who is the subject of the support obligation involved re- sided during a period during which a person described in subsection (a) (referred to in this subsection as an ‘‘obliger’’) failed to meet that support obligation; (2) the district in which the obliger resided during a period described in paragraph (1); or (3) any other district with jurisdiction oth- erwise provided for by law. (f) DEFINITIONS.—As used in this section— (1) the term ‘‘Indian tribe’’ has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a); 1 (2) the term ‘‘State’’ includes any State of the United States, the District of Columbia, and any commonwealth, territory, or posses- sion of the United States; and (3) the term ‘‘support obligation’’ means any amount determined under a court order or an order of an administrative process pursuant to the law of a State or of an Indian tribe to be due from a person for the support and mainte- nance of a child or of a child and the parent with whom the child is living. (Added Pub. L. 102–521, § 2(a), Oct. 25, 1992, 106 Stat. 3403; amended Pub. L. 104–294, title VI, § 607(l), Oct. 11, 1996, 110 Stat. 3512; Pub. L. 105–187, § 2, June 24, 1998, 112 Stat. 618.) Editorial Notes REFERENCES IN TEXT Section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), referred to in subsec. (f)(1), was classified to section 479a of Title 25, Indians, prior to editorial reclassification as section 5130 of Title 25. AMENDMENTS 1998—Pub. L. 105–187 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) re- lating to a description of the offense, punishment for an offense, restitution upon conviction of an offense, and definitions of terms used in this section. 1996—Subsec. (d)(2). Pub. L. 104–294 inserted ‘‘com- monwealth,’’ before ‘‘possession or territory of the United States’’. Page 88 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 229 Statutory Notes and Related Subsidiaries SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–187, § 1, June 24, 1998, 112 Stat. 618, pro- vided that: ‘‘This Act [amending this section] may be cited as the ‘Deadbeat Parents Punishment Act of 1998’.’’ SHORT TITLE Pub. L. 102–521, § 1, Oct. 25, 1992, 106 Stat. 3403, pro- vided that: ‘‘This Act [enacting this section and sec- tions 3796cc to 3796cc–6 of Title 42, The Public Health and Welfare, amending section 3563 of this title and sec- tion 3797 of Title 42, and enacting provisions set out as a note under section 12301 of Title 42] may be cited as the ‘Child Support Recovery Act of 1992’.’’ CHAPTER 11B—CHEMICAL WEAPONS Sec. 229. Prohibited activities. 229A. Penalties. 229B. Criminal forfeitures; destruction of weapons. 229C. Individual self-defense devices. 229D. Injunctions. 229E. Requests for military assistance to enforce prohibition in certain emergencies. 229F. Definitions. § 229. Prohibited activities (a) UNLAWFUL CONDUCT.—Except as provided in subsection (b), it shall be unlawful for any per- son knowingly— (1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stock- pile, retain, own, possess, or use, or threaten to use, any chemical weapon; or (2) to assist or induce, in any way, any per- son to violate paragraph (1), or to attempt or conspire to violate paragraph (1). (b) EXEMPTED AGENCIES AND PERSONS.— (1) IN GENERAL.—Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon. (2) EXEMPTED PERSONS.—A person referred to in paragraph (1) is— (A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate offi- cer of the United States to retain, own, pos- sess, transfer, or receive the chemical weap- on; or (B) in an emergency situation, any other- wise nonculpable person if the person is at- tempting to destroy or seize the weapon. (c) JURISDICTION.—Conduct prohibited by sub- section (a) is within the jurisdiction of the United States if the prohibited conduct— (1) takes place in the United States; (2) takes place outside of the United States and is committed by a national of the United States; (3) is committed against a national of the United States while the national is outside the United States; or (4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or out- side the United States. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–866.) Statutory Notes and Related Subsidiaries REVOCATIONS OF EXPORT PRIVILEGES Pub. L. 105–277, div. I, title II, § 211, Oct. 21, 1998, 112 Stat. 2681–872, provided that: ‘‘If the President deter- mines, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that any person within the United States, or any national of the United States located outside the United States, has committed any violation of section 229 of title 18, United States Code, the President may issue an order for the suspension or revocation of the authority of the person to export from the United States any goods or technology (as such terms are de- fined in [former] section 16 of the Export Administra- tion Act of 1979 (50 U.S.C. App. 2415)) [former 50 U.S.C. 4618].’’ [For authority of Secretary of Commerce to suspend or revoke export privileges pursuant to section 211 of Pub. L. 105–277, set out above, see section 4 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of Title 22, Foreign Relations and Intercourse.] Executive Documents AUTHORITY TO ISSUE REGULATIONS For authority to issue regulations under this chapter, see section 3 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of Title 22, Foreign Relations and Intercourse. § 229A. Penalties (a) CRIMINAL PENALTIES.— (1) IN GENERAL.—Any person who violates section 229 of this title shall be fined under this title, or imprisoned for any term of years, or both. (2) DEATH PENALTY.—Any person who vio- lates section 229 of this title and by whose ac- tion the death of another person is the result shall be punished by death or imprisoned for life. (b) CIVIL PENALTIES.— (1) IN GENERAL.—The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 229 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation. (2) RELATION TO OTHER PROCEEDINGS.—The imposition of a civil penalty under this sub- section does not preclude any other criminal or civil statutory, common law, or administra- tive remedy, which is available by law to the United States or any other person. (c) REIMBURSEMENT OF COSTS.—The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, trans- portation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to re- imburse the United States for expenses under this subsection shall be jointly and severally lia-