18 U.S.C. § 1542 — False statement in application and use of

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.