18 U.S.C. § 1426 — Reproduction of naturalization or citizen-

Page 378 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1424 (June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on subsections (a)(14), (b), (d) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, § 346(a)(14), (b), (d), 54 Stat. 1165, 1167). Section consolidates subsections (a) paragraph (14), (b), (d), and the general punishment provision of sec- tion 746 of title 8, U.S.C., 1940 ed., Aliens and Nation- ality. The reference ‘‘for the purpose of voting’’ was omit- ted as surplusage being embraced in the all-inclusive phrase ‘‘for any purpose.’’ Changes in phraseology were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 1424. Personation or misuse of papers in natu- ralization proceedings Whoever, whether as applicant, declarant, pe- titioner, witness or otherwise, in any naturaliza- tion or citizenship proceeding, knowingly personates another or appears falsely in the name of a deceased person or in an assumed or fictitious name; or Whoever knowingly and unlawfully uses or at- tempts to use, as showing naturalization or citi- zenship of any person, any order, certificate, certificate of naturalization, certificate of citi- zenship, judgment, decree, or exemplification, or copies or duplicates thereof, issued to another person, or in a fictitious name or in the name of a deceased person— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on subsection (a) pars. (6)(a), (b), (15), (b), (d) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nation- ality (Oct. 14, 1940, ch. 876, § 346(a), pars. (6), (15), (b), (d), 54 Stat. 1164, 1165, 1167). Section consolidates, with minor verbal changes, sub- sections (a), pars. (6)(a), (b), (15), (b), (d), and the gen- eral punishment provision of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in last par. § 1425. Procurement of citizenship or naturaliza- tion unlawfully (a) Whoever knowingly procures or attempts to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or of citizenship; or (b) Whoever, whether for himself or another person not entitled thereto, knowingly issues, procures or obtains or applies for or otherwise attempts to procure or obtain naturalization, or citizenship, or a declaration of intention to be- come a citizen, or a certificate of arrival or any certificate or evidence of nationalization or citi- zenship, documentary or otherwise, or dupli- cates or copies of any of the foregoing— Shall be fined under this title or 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. 766; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 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 subsections (a) pars. (2)–(5), (7), (b), and (d) of section 746 of Title 8, U.S.C., 1940 ed., Aliens and Na- tionality (Oct. 14, 1940, ch. 876, § 346(a), pars. (2)–(5), (7), (b), (d), 54 Stat. 1163, 1164, 1167). Section consolidates five similar paragraphs, and the punishment provisions of subsection (d) of said section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality, with minor necessary changes in translations and phra- seology. Numerous references to aiding and assisting were omitted as unnecessary as such persons are prin- cipals under definitive section 2 of this title. Words ‘‘a certificate of arrival or’’ were inserted be- fore ‘‘any certificate’’ in subsection (b), so as to remove any doubt as to scope of section. 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 five years’’ in last par. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ 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. § 1426. Reproduction of naturalization or citizen- ship papers (a) Whoever falsely makes, forges, alters or counterfeits any oath, notice, affidavit, certifi- cate of arrival, declaration of intention, certifi- cate or documentary evidence of naturalization or citizenship or any order, record, signature, paper or proceeding or any copy thereof, re- Page 379 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1427 quired or authorized by any law relating to nat- uralization or citizenship or registry of aliens; or (b) Whoever utters, sells, disposes of or uses as true or genuine, any false, forged, altered, ante- dated or counterfeited oath, notice, affidavit, certificate of arrival, declaration of intention to become a citizen, certificate or documentary evidence of naturalization or citizenship, or any order, record, signature or other instrument, paper or proceeding required or authorized by any law relating to naturalization or citizenship or registry of aliens, or any copy thereof, know- ing the same to be false, forged, altered, ante- dated or counterfeited; or (c) Whoever, with intent unlawfully to use the same, possesses any false, forged, altered, ante- dated or counterfeited certificate of arrival, dec- laration of intention to become a citizen, cer- tificate or documentary evidence of naturaliza- tion or citizenship purporting to have been issued under any law of the United States, or copy thereof, knowing the same to be false, forged, altered, antedated or counterfeited; or (d) Whoever, without lawful authority, en- graves or possesses, sells or brings into the United States any plate in the likeness or simil- itude of any plate designed, for the printing of a declaration of intention, or certificate or docu- mentary evidence of naturalization or citizen- ship; or (e) Whoever, without lawful authority, brings into the United States any document printed therefrom; or (f) Whoever, without lawful authority, pos- sesses any blank certificate of arrival, blank declaration of intention or blank certificate of naturalization or citizenship provided by the Immigration and Naturalization Service, with intent unlawfully to use the same; or (g) Whoever, with intent unlawfully to use the same, possesses a distinctive paper adopted by the proper officer or agency of the United States for the printing or engraving of a declaration of intention to become a citizen, or certificate of naturalization or certificate of citizenship; or (h) Whoever, without lawful authority, prints, photographs, makes or executes any print or im- pression in the likeness of a certificate of ar- rival, declaration of intention to become a cit- izen, or certificate of naturalization or citizen- ship, or any part thereof— Shall be fined under this title or 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. 767; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 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 subsections (a) pars. (8)–(12), (16), (17), (20)–(29), (b), (d), (l) of section 746 of Title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, § 346(a) pars. (8)–(12), (16), (17), (20)–(29), (b), (d), (l), 54 Stat. 1164–1168). Sections consolidates numerous similar paragraphs with necessary changes in phraseology and trans- lations. References to persons causing, procuring, aiding, abetting, or assisting were omitted as unnecessary, such persons being principals under definitive section 2 of this title. 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 five years’’ in last par. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ 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. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, transferred to At- torney General, with power vested in him to authorize their performance or performance of any of his func- tions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. § 1427. Sale of naturalization or citizenship pa- pers Whoever unlawfully sells or disposes of a dec- laration of intention to become a citizen, cer- tificate of naturalization, certificate of citizen- ship or copies or duplicates or other documen- tary evidence of naturalization or citizenship, shall be fined under this title or 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