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18 U.S.C. § 1505 — Obstruction of proceedings before depart-

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1505 — Obstruction of proceedings before depart-

Page 389 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1505 having attended such court or examination before such officer, commissioner, or other committing magistrate, or on account of his testifying or having testified to any matter pending therein, or’’ after ‘‘discharge of his duty, or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as an Effective Date note under section 1512 of this title. § 1504. Influencing juror by writing Whoever attempts to influence the action or decision of any grand or petit juror of any court of the United States upon any issue or matter pending before such juror, or before the jury of which he is a member, or pertaining to his du- ties, by writing or sending to him any written communication, in relation to such issue or matter, shall be fined under this title or impris- oned not more than six months, or both. Nothing in this section shall be construed to prohibit the communication of a request to ap- pear before the grand jury. (June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 243 (Mar. 4, 1909, ch. 321, § 137, 35 Stat. 1113). Last paragraph was added to remove the possibility that a proper request to appear before a grand jury might be construed as a technical violation of this sec- tion. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in first par. § 1505. Obstruction of proceedings before depart- ments, agencies, and committees Whoever,

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Page 389 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1505 having attended such court or examination before such officer, commissioner, or other committing magistrate, or on account of his testifying or having testified to any matter pending therein, or’’ after ‘‘discharge of his duty, or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as an Effective Date note under section 1512 of this title. § 1504. Influencing juror by writing Whoever attempts to influence the action or decision of any grand or petit juror of any court of the United States upon any issue or matter pending before such juror, or before the jury of which he is a member, or pertaining to his du- ties, by writing or sending to him any written communication, in relation to such issue or matter, shall be fined under this title or impris- oned not more than six months, or both. Nothing in this section shall be construed to prohibit the communication of a request to ap- pear before the grand jury. (June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 243 (Mar. 4, 1909, ch. 321, § 137, 35 Stat. 1113). Last paragraph was added to remove the possibility that a proper request to appear before a grand jury might be construed as a technical violation of this sec- tion. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in first par. § 1505. Obstruction of proceedings before depart- ments, agencies, and committees Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and prop- erly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or Whoever corruptly, or by threats or force, or by any threatening letter or communication in- fluences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and prop- er administration of the law under which any pending proceeding is being had before any de- partment or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Con- gress— Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. (June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 87–664, § 6(a), Sept. 19, 1962, 76 Stat. 551; Pub. L. 91–452, title IX, § 903, Oct. 15, 1970, 84 Stat. 947; Pub. L. 94–435, title I, § 105, Sept. 30, 1976, 90 Stat. 1389; Pub. L. 97–291, § 4(d), Oct. 12, 1982, 96 Stat. 1253; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 108–458, title VI, § 6703(a), Dec. 17, 2004, 118 Stat. 3766.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 241a, (Mar. 4, 1909, ch. 321, § 135a, as added Jan. 13, 1940, ch. 1, 54 Stat. 13; June 8, 1945, ch. 178, § 2, 59 Stat. 234). Word ‘‘agency’’ was substituted for the words ‘‘inde- pendent establishment, board, commission’’ in two in- stances to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title.) Minor changes were made in phraseology. Editorial Notes REFERENCES IN TEXT The Antitrust Civil Process Act, referred to in text, is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548, which is classified principally to chapter 34 (§ 1311 et seq.) of Title 15, Commerce and Trade. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables. AMENDMENTS 2004—Pub. L. 108–458, which directed amendment of the third undesignated paragraph of this section by substituting ‘‘be fined under this title, imprisoned not more than 5 years or, if the offense involves inter- national or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both’’ for ‘‘be fined under this title or imprisoned not more than 5 years, or both’’, was executed by making the substi- tution for ‘‘be fined under this title or imprisoned not more than five years, or both’’, to reflect the probable intent of Congress. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in last par. 1982—Pub. L. 97–291 struck out first two paragraphs which provided, respectively, that whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavored to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States, or in connection with any inquiry or investigation being had by either House, or any committee of either House, or any joint committee of the Congress, and whoever in- jured any party or witness in his person or property on account of his attending or having attended such pro- ceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein, would be subject to the penalty set forth in the last paragraph, and in the fourth paragraph substituted ‘‘any pending’’ for ‘‘such’’ after ‘‘law under which’’, and substituted ‘‘any’’ for ‘‘such’’ before ‘‘department’’ and before ‘‘inquiry’’. 1976—Pub. L. 94–435 struck out ‘‘section 1968 of this title’’ after ‘‘Antitrust Civil Process Act’’, inserted ‘‘withholds, misrepresents’’ after ‘‘willfully’’, ‘‘covers up’’ after ‘‘conceals’’, ‘‘answers to written interrog- atories, or oral testimony’’, after ‘‘any documentary material’’, and ‘‘or attempts to do so or solicits an- other to do so;’’ after ‘‘such demand’’. 1970—Pub. L. 91–452 inserted reference to section 1968 of this title. 1962—Pub. L. 87–664 substituted section catchline ‘‘Obstruction of proceedings before departments, agen- cies, and committees’’ for ‘‘Influencing or injuring wit- ness before agencies and committees’’ and punished the Page 390 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1506 willful removal, concealment, destruction, mutilation, alteration or falsification of documents which were the subject of a demand under the Antitrust Civil Process Act if done with the intent to prevent compliance with a civil investigative demand. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as an Effective Date note under section 1512 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–435 effective Sept. 30, 1976, see section 106 of Pub. L. 94–435, set out as a note under section 1311 of Title 15, Commerce and Trade. § 1506. Theft or alteration of record or process; false bail Whoever feloniously steals, takes away, alters, falsifies, or otherwise avoids any record, writ, process, or other proceeding, in any court of the United States, whereby any judgment is re- versed, made void, or does not take effect; or Whoever acknowledges, or procures to be ac- knowledged in any such court, any recog- nizance, bail, or judgment, in the name of any other person not privy or consenting to the same— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 233 (Mar. 4, 1909, ch. 321, § 127, 35 Stat. 1111). The term of imprisonment was reduced from 7 to 5 years, to conform the punishment with like ones for similar offenses. (See section 1503 of this title.) Minor 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’’ in last par. § 1507. Picketing or parading Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the dis- charge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court offi- cer, or with such intent uses any sound-truck or similar device or resorts to any other dem- onstration in or near any such building or resi- dence, shall be fined under this title or impris- oned not more than one year, or both. Nothing in this section shall interfere with or prevent the exercise by any court of the United States of its power to punish for contempt. (Added Sept. 23, 1950, ch. 1024, title I, § 31(a), 64 Stat. 1018; amended Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in first par. § 1508. Recording, listening to, or observing pro- ceedings of grand or petit juries while delib- erating or voting Whoever knowingly and willfully, by any means or device whatsoever— (a) records, or attempts to record, the pro- ceedings of any grand or petit jury in any court of the United States while such jury is deliberating or voting; or (b) listens to or observes, or attempts to lis- ten to or observe, the proceedings of any grand or petit jury of which he is not a member in any court of the United States while such jury is deliberating or voting— shall be fined under this title or imprisoned not more than one year, or both. Nothing in paragraph (a) of this section shall be construed to prohibit the taking of notes by a grand or petit juror in any court of the United States in connection with and solely for the pur- pose of assisting him in the performance of his duties as such juror. (Added Aug. 2, 1956, ch. 879, § 1, 70 Stat. 935; amended Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(13), Oct. 11, 1996, 110 Stat. 3500.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 realigned margins for provisions beginning ‘‘shall be fined’’ and ending ‘‘one year, or both.’’ 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in par. following par. (b). § 1509. Obstruction of court orders Whoever, by threats or force, willfully pre- vents, obstructs, impedes, or interferes with, or willfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judg- ment, or decree of a court of the United States, shall be fined under this title or imprisoned not more than one year, or both. No injunctive or other civil relief against the conduct made criminal by this section shall be denied on the ground that such conduct is a crime. (Added Pub. L. 86–449, title I, § 101, May 6, 1960, 74 Stat. 86; amended Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in first par. § 1510. Obstruction of criminal investigations (a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the com-

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1505 — Obstruction of proceedings before departments, agencies, and committees

Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or

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