18 U.S.C. § 282 — Untitled legal text

Page 101 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 282 or if the offense involved sexual abuse, as de- fined in section 2242, or if the offense involved an attempt to commit such aggravated sexual abuse or sexual abuse, fined under this title and imprisoned for any term of years or for life; (2) in the case of an offense involving abu- sive sexual contact of a child who has not at- tained the age of 16, of the type prohibited by section 2244(a)(5), fined under this title and imprisoned for any term of years or for life; (3) in the case of an offense involving a sex- ual act, as defined in section 2246, with an- other person without the other person’s per- mission, and it does not amount to sexual abuse or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years; (4) in the case of an offense involving abu- sive sexual contact of the type prohibited by subsection (a)(1) or (b) of section 2244, but ex- cluding abusive sexual contact through the clothing— (A) fined under this title and imprisoned for not more than 10 years; and (B) if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years; (5) in the case of an offense involving abu- sive sexual contact of the type prohibited by section 2244(a)(2)— (A) fined under this title and imprisoned for not more than 3 years; and (B) if the offense involves a child under the age of 12, imprisoned for not more than 20 years; and (6) in the case of an offense involving abu- sive sexual contact through the clothing of the type prohibited by subsection (a)(3), (a)(4), or (b) of section 2244— (A) fined under this title and imprisoned for not more than 2 years; and (B) if the offense involves a child under the age of 12, imprisoned for not more than 10 years. (Added Pub. L. 117–103, div. W, title XII, § 1202(a)(1), Mar. 15, 2022, 136 Stat. 923.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade. CHAPTER 15—CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT Sec. [281 to 284. Repealed.] 285. Taking or using papers relating to claims. 286. Conspiracy to defraud the Government with respect to claims. 287. False, fictitious or fraudulent claims. 288. False claims for postal losses. 289. False claims for pensions. 290. Discharge papers withheld by claim agent. 291. Purchase of claims for fees by court officials. 292. Solicitation of employment and receipt of un- approved fees concerning Federal employ- ees’ compensation. Sec. [293. Repealed.] Editorial Notes AMENDMENTS 2002—Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, repealed amendment by Pub. L. 104–294, § 602(d). See 1996 Amendment note below. 1996—Pub. L. 104–106, div. D, title XLIII, § 4304(c)(2), Feb. 10, 1996, 110 Stat. 664, struck out item 281 ‘‘Restric- tions on retired military officers regarding certain matters affecting the Government’’. Pub. L. 104–294, title VI, § 602(d), Oct. 11, 1996, 110 Stat. 3503, which amended analysis identically, was repealed by Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, effective Oct. 11, 1996. 1989—Pub. L. 101–123, § 3(a), Oct. 23, 1989, 103 Stat. 760, struck out item 293 ‘‘Limitation on Government con- tract costs’’. 1988—Pub. L. 100–700, § 3(b), Nov. 19, 1988, 102 Stat. 4633, added item 293. 1987—Pub. L. 100–180, div. A, title VIII, § 822(b)(2), Dec. 4, 1987, 101 Stat. 1133, added item 281, struck out former item 281 ‘‘Compensation to Members of Congress, offi- cers, and others in matters affecting Government’’, item 282 ‘‘Practice in Court of Claims by Members of Congress’’, item 283 ‘‘Officers or employees interested in claims against the Government’’, and item 284 ‘‘Dis- qualification of former officers and employees in mat- ters connected with former duties’’. 1966—Pub. L. 89–554, § 3(a), Sept. 6, 1966, 80 Stat. 608, added item 292. [§ 281. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(3), Feb. 10, 1996, 110 Stat. 664; Pub. L. 104–294, title VI, § 602(d), Oct. 11, 1996, 110 Stat. 3503] Section, added Pub. L. 100–180, div. A, title VIII, § 822(b)(1), Dec. 4, 1987, 101 Stat. 1132, related to restric- tions on retired military officers regarding certain matters affecting the Government. Pub. L. 104–294, title VI, § 602(d), Oct. 11, 1996, 110 Stat. 3503, which repealed this section, was repealed by Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, effective Oct. 11, 1996. A prior section 281, acts June 25, 1948, ch. 645, 62 Stat. 697; May 24, 1949, ch. 139, § 6, 63 Stat. 90, which related to compensation to Members of Congress, officers and others in matters affecting the Government, was re- pealed by Pub. L. 87–849, §§ 2, 4, Oct. 23, 1962, 76 Stat. 1126, eff. 90 days after Oct. 23, 1962, which repeal contin- ued limited applicability to retired officers of the Armed Forces of the United States. Pub. L. 100–180, div. A, title VIII, § 822(a), Dec. 4, 1987, 101 Stat. 1132, repealed such prior section 281 to the extent that it had not been repealed by section 2 of Pub. L. 87–849. See section 203 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date and applicability of repeal by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under sec- tion 2220 of Title 10, Armed Forces. [§ 282. Repealed. Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126] Section, act June 25, 1948, ch. 645, 62 Stat. 697, related to practice in Court of Claims by Members of Congress. Section was supplanted by section 204 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as an Effective Date note under section 201 of this title. Page 102 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 283 [§ 283. Repealed. Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126; Pub. L. 100–180, div. A, title VIII, § 822(a), Dec. 4, 1987, 101 Stat. 1132] Section, acts June 25, 1948, ch. 645, 62 Stat. 697; June 28, 1949, ch. 268, § 2(b), 63 Stat. 280, related to officers or employees interested in claims against the govern- ment. Pub. L. 87–849 continued limited applicability to retired officers of the Armed Forces of the United States. Pub. L. 100–180 repealed section to the extent that it had not been repealed by section 2 of Pub. L. 87–849. Section was supplanted by section 205 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as an Effective Date note under section 201 of this title. [§ 284. Repealed. Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126] Section, acts June 25, 1948, ch. 645, 62 Stat. 698; May 24, 1949, ch. 139, § 7, 63 Stat. 90, related to disqualifica- tions of former officers and employees in matters con- nected with former duties. Section was supplanted by section 207 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as an Effective Date note under section 201 of this title. § 285. Taking or using papers relating to claims Whoever, without authority, takes and carries away from the place where it was filed, depos- ited, or kept by authority of the United States, any certificate, affidavit, deposition, statement of facts, power of attorney, receipt, voucher, as- signment, or other document, record, file, or paper prepared, fitted, or intended to be used or presented to procure the payment of money from or by the United States or any officer, em- ployee, or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, ac- count, or demand, or any part thereof has or has not already been allowed or paid; or Whoever presents, uses, or attempts to use any such document, record, file, or paper so taken and carried away, to procure the payment of any money from or by the United States, or any offi- cer, employee, or agent thereof, or the allow- ance or payment of the whole or any part of any claim, account, or demand against the United States— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 698; 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., § 92 (Mar. 4, 1909, ch. 321, § 40, 35 Stat. 1096). Word ‘‘employee’’ was inserted after ‘‘officer’’ in two places to clarify scope of section. The words ‘‘five years’’ were substituted for ‘‘ten years’’ in the punishment provision to conform to like provisions in similar offenses. (See section 1001 of this title.) 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’’. § 286. Conspiracy to defraud the Government with respect to claims Whoever enters into any agreement, combina- tion, or conspiracy to defraud the United States, or any department or agency thereof, by obtain- ing or aiding to obtain the payment or allow- ance of any false, fictitious or fraudulent claim, shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 698; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 83 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). To clarify meaning of ‘‘department’’ the word ‘‘agen- cy’’ was inserted after it. (See definitions of ‘‘depart- ment’’ and ‘‘agency’’ in section 6 of this title.) Words ‘‘or any corporation in which the United States of America is a stockholder’’ were omitted as unnecessary in view of definition of ‘‘agency’’ in sec- tion 6 of this title. Minor changes in phraseology were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 287. False, fictitious or fraudulent claims Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, ficti- tious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title. (June 25, 1948, ch. 645, 62 Stat. 698; Pub. L. 99–562, § 7, Oct. 27, 1986, 100 Stat. 3169.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 80 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). Section 80 of title 18, U.S.C., 1940 ed., was divided into two parts. That portion making it a crime to present false claims was retained as this section. The part re- lating to false statements is now section 1001 of this title. To clarify meaning of ‘‘department’’ words ‘‘agency’’ and ‘‘or agency’’ were inserted after it. (See definitions of ‘‘department’’ and ‘‘agency’’ in section 6 of this title.) Words ‘‘or any corporation in which the United States of America is a stockholder’’ which appeared in two places were omitted as unnecessary in view of defi- nition of ‘‘agency’’ in section 6 of this title.