18 U.S.C. § 1016 — Acknowledgment of appearance or oath

Page 306 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1015 § 1015. Naturalization, citizenship or alien reg- istry (a) Whoever knowingly makes any false state- ment under oath, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturaliza- tion, citizenship, or registry of aliens; or (b) Whoever knowingly, with intent to avoid any duty or liability imposed or required by law, denies that he has been naturalized or admitted to be a citizen, after having been so naturalized or admitted; or (c) Whoever uses or attempts to use any cer- tificate of arrival, declaration of intention, cer- tificate of naturalization, certificate of citizen- ship or other documentary evidence of natu- ralization or of citizenship, or any duplicate or copy thereof, knowing the same to have been procured by fraud or false evidence or without required appearance or hearing of the applicant in court or otherwise unlawfully obtained; or (d) Whoever knowingly makes any false cer- tificate, acknowledgment or statement con- cerning the appearance before him or the taking of an oath or affirmation or the signature, attes- tation or execution by any person with respect to any application, declaration, petition, affi- davit, deposition, certificate of naturalization, certificate of citizenship or other paper or writ- ing required or authorized by the laws relating to immigration, naturalization, citizenship, or registry of aliens; or (e) Whoever knowingly makes any false state- ment or claim that he is, or at any time has been, a citizen or national of the United States, with the intent to obtain on behalf of himself, or any other person, any Federal or State benefit or service, or to engage unlawfully in employ- ment in the United States; or (f) Whoever knowingly makes any false state- ment or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum)— Shall be fined under this title or imprisoned not more than five years, or both. Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States. (June 25, 1948, ch. 645, 62 Stat. 752; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title II, § 215, Sept. 30, 1996, 110 Stat. 3009–572; Pub. L. 106–395, title II, § 201(d)(2), Oct. 30, 2000, 114 Stat. 1635.) HISTORICAL AND REVISION NOTES Based on subsections (a), paragraphs (1), (16), (17), (19), (32), (b), (d), and (l) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, § 346(a), pars. (1), (16), (17), (19), (32), (b), (d), and (l), 45 Stat. 1163, 1165, 1167). Section consolidates, with minor changes, subsection (a), paragraphs (1), (16), (17), (19), (32), and subsections (b), (d), and (l), of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality. Such changes of arrangement and phraseology were made as were appropriate and necessary. Editorial Notes AMENDMENTS 2000—Pub. L. 106–395 inserted at end of concluding provisions ‘‘Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably be- lieved at the time of making the false statement or claim that he or she was a citizen of the United States.’’ 1996—Subsecs. (e), (f). Pub. L. 104–208 added subsecs. (e) and (f). 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in concluding par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–395 effective as if included in the enactment of section 215 of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996, div. C of Pub. L. 104–208, and applicable to an alien prosecuted on or after Sept. 30, 1996, except in the case of an alien whose criminal proceeding (including judi- cial review thereof) has been finally concluded before Oct. 30, 2000, see section 201(d)(3) of Pub. L. 106–395, set out as a note under section 611 of this title. § 1016. Acknowledgment of appearance or oath Whoever, being an officer authorized to admin- ister oaths or to take and certify acknowledg- ments, knowingly makes any false acknowledg- ment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on be- half of the United States or any department or agency thereof, concerning which an oath or af- firmation is required by law or lawful regula- tion, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this title or im- prisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 75 (Mar. 4, 1909, ch. 321, § 31, 35 Stat. 1094). Words ‘‘or of any department or agency thereof’’ were inserted after ‘‘United States’’ so as to remove any am- biguity as to scope of section. (See definitions of ‘‘de- partment’’ and ‘‘agency’’ in section 6 of this title.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $2,000’’. § 1017. Government seals wrongfully used and in- struments wrongfully sealed Whoever fraudulently or wrongfully affixes or impresses the seal of any department or agency