18 U.S.C. § 1791 — Providing or possessing contraband in

Page 445 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1791 in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services.’’ § 1762. Marking packages (a) All packages containing any goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners, except convicts or prisoners on parole or proba- tion, or in any penal or reformatory institution, when shipped or transported in interstate or for- eign commerce shall be plainly and clearly marked, so that the name and address of the shipper, the name and address of the consignee, the nature of the contents, and the name and lo- cation of the penal or reformatory institution where produced wholly or in part may be readily ascertained on an inspection of the outside of such package. (b) Whoever violates this section shall be fined under this title, and any goods, wares, or mer- chandise transported in violation of this section or section 1761 of this title shall be forfeited to the United States, and may be seized and con- demned by like proceedings as those provided by law for the seizure and forfeiture of property im- ported into the United States contrary to law. (June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 102–393, title V, § 535(b), Oct. 6, 1992, 106 Stat. 1764; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(a)(7), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 396c, 396d, 396e (July 24, 1935, ch. 412, §§ 2, 3, 4, 49 Stat. 494, 495). Section consolidates sections 396c, 396d, and 396e of title 18, U.S.C., 1940 ed. Words ‘‘upon conviction thereof’’ were deleted as un- necessary, since punishment cannot be imposed until after conviction. Words ‘‘transported in violation of this section or section 1761’’ were added after the word ‘‘merchandise’’ to continue existing law. The provisions of said section 396e of title 18, U.S.C., 1940 ed., relating to venue, were omitted as covered by section 3237 of this title. Minor changes were made in translations and phrase- ology. Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $50,000’’. 1994—Pub. L. 103–322, which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $1,000’’, could not be executed because the phrase ‘‘not more than $1,000’’ did not appear in text subsequent to amendment of subsec. (b) by Pub. L. 102–393. See 1992 Amendment note below. 1992—Subsec. (b). Pub. L. 102–393 substituted ‘‘$50,000’’ for ‘‘$1,000’’. CHAPTER 87—PRISONS Sec. 1791. Providing or possessing contraband in prison. 1792. Mutiny and riot prohibited. 1793. Trespass on Bureau of Prisons reservations and land. Editorial Notes AMENDMENTS 1986—Pub. L. 99–646, § 64(b), Nov. 10, 1986, 100 Stat. 3614, added item 1793. 1984—Pub. L. 98–473, title II, § 1109(c), Oct. 12, 1984, 98 Stat. 2148, amended analysis generally by revising items 1791 and 1792, and by inserting a second chapter heading which was not executed to text as redundant. § 1791. Providing or possessing contraband in prison (a) OFFENSE.—Whoever— (1) in violation of a statute or a rule or order issued under a statute, provides to an inmate of a prison a prohibited object, or attempts to do so; or (2) being an inmate of a prison, makes, pos- sesses, or obtains, or attempts to make or ob- tain, a prohibited object; shall be punished as provided in subsection (b) of this section. (b) PUNISHMENT.—The punishment for an of- fense under this section is a fine under this title or— (1) imprisonment for not more than 20 years, or both, if the object is specified in subsection (d)(1)(C) of this section; (2) imprisonment for not more than 10 years, or both, if the object is specified in subsection (d)(1)(A) of this section; (3) imprisonment for not more than 5 years, or both, if the object is specified in subsection (d)(1)(B) of this section; (4) imprisonment for not more than one year, or both, if the object is specified in sub- section (d)(1)(D), (d)(1)(E), or (d)(1)(F) of this section; and (5) imprisonment for not more than 6 months, or both, if the object is specified in subsection (d)(1)(G) of this section. (c) CONSECUTIVE PUNISHMENT REQUIRED IN CER- TAIN CASES.—Any punishment imposed under subsection (b) for a violation of this section in- volving a controlled substance shall be consecu- tive to any other sentence imposed by any court for an offense involving such a controlled sub- stance. Any punishment imposed under sub- section (b) for a violation of this section by an inmate of a prison shall be consecutive to the sentence being served by such inmate at the time the inmate commits such violation. (d) DEFINITIONS.—As used in this section— (1) the term ‘‘prohibited object’’ means— (A) a firearm or destructive device or a controlled substance in schedule I or II, other than marijuana or a controlled sub- stance referred to in subparagraph (C) of this subsection; (B) marijuana or a controlled substance in schedule III, other than a controlled sub- stance referred to in subparagraph (C) of this subsection, ammunition, a weapon (other than a firearm or destructive device), or an object that is designed or intended to be used as a weapon or to facilitate escape from a prison; (C) a narcotic drug, methamphetamine, its salts, isomers, and salts of its isomers, lyser- gic acid diethylamide, or phencyclidine; (D) a controlled substance (other than a controlled substance referred to in subpara- graph (A), (B), or (C) of this subsection) or an alcoholic beverage; (E) any United States or foreign currency; Page 446 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1791 (F) a phone or other device used by a user of commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))) in connection with such service; and (G) any other object that threatens the order, discipline, or security of a prison, or the life, health, or safety of an individual; (2) the terms ‘‘ammunition’’, ‘‘firearm’’, and ‘‘destructive device’’ have, respectively, the meanings given those terms in section 921 of this title; (3) the terms ‘‘controlled substance’’ and ‘‘narcotic drug’’ have, respectively, the mean- ings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802); and (4) the term ‘‘prison’’ means a Federal cor- rectional, detention, or penal facility or any prison, institution, or facility in which per- sons are held in custody by direction of or pur- suant to a contract or agreement with the At- torney General. (June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 98–473, title II, § 1109(a), Oct. 12, 1984, 98 Stat. 2147; Pub. L. 99–646, § 52(a), Nov. 10, 1986, 100 Stat. 3606; Pub. L. 100–690, title VI, § 6468(a), (b), Nov. 18, 1988, 102 Stat. 4376; Pub. L. 103–322, title IX, § 90101, title XXXIII, § 330003(a), Sept. 13, 1994,108 Stat. 1986, 2140; Pub. L. 104–294, title VI, § 601(m), Oct. 11, 1996, 110 Stat. 3502; Pub. L. 109–162, title XI, § 1178, Jan. 5, 2006, 119 Stat. 3126; Pub. L. 111–225, § 2, Aug. 10, 2010, 124 Stat. 2387.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 753j, 908 (May 14, 1930, ch. 274, § 11, 46 Stat. 327; May 27, 1930, ch. 339, § 8, 46 Stat. 390). Section consolidates sections 753j and 908 of title 18, U.S.C., 1940 ed. The section was broadened to include the taking or sending out of contraband from the insti- tution. This was suggested by representatives of the Federal Bureau of Prisons and the Criminal Division of the Department of Justice. In other respects the sec- tion was rewritten without change of substance. The words ‘‘narcotic’’, ‘‘drug’’, ‘‘weapon’’ and ‘‘con- traband’’ were omitted, since the insertion of the words ‘‘contrary to any rule or regulation promulgated by the attorney general’’ preserves the intent of the original statutes. Words ‘‘guilty of a felony’’ were deleted as unneces- sary in view of definitive section 1 of this title. (See also reviser’s note under section 550 of this title.) Minor verbal changes also were made. Editorial Notes REFERENCES IN TEXT Schedules I, II, and III, referred to in subsec. (d)(1)(A), (B), probably mean schedules I to III of the schedules of controlled substances, which are set out in section 812(c) of Title 21, Food and Drugs. AMENDMENTS 2010—Subsec. (b)(4). Pub. L. 111–225, § 2(1)(A), sub- stituted ‘‘, (d)(1)(E), or (d)(1)(F)’’ for ‘‘or (d)(1)(E)’’. Subsec. (b)(5). Pub. L. 111–225, § 2(1)(B), substituted ‘‘(d)(1)(G)’’ for ‘‘(d)(1)(F)’’. Subsec. (d)(1)(F), (G). Pub. L. 111–225, § 2(2), added sub- par. (F) and redesignated former subpar. (F) as (G). 2006—Subsec. (d)(4). Pub. L. 109–162 inserted ‘‘or any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General’’ after ‘‘penal fa- cility’’. 1996—Subsec. (c). Pub. L. 104–294 inserted heading. 1994—Subsec. (b)(2) to (5). Pub. L. 103–322, §§ 90101(6), 330003(a), amended subsec. (b) identically, substituting ‘‘(d)’’ for ‘‘(c)’’ wherever appearing in pars. (2) to (5). Subsec. (c). Pub. L. 103–322, § 90101(1), inserted at be- ginning ‘‘Any punishment imposed under subsection (b) for a violation of this section involving a controlled substance shall be consecutive to any other sentence imposed by any court for an offense involving such a controlled substance.’’ Subsec. (d)(1)(A). Pub. L. 103–322, § 90101(2), inserted before semicolon at end ‘‘or a controlled substance in schedule I or II, other than marijuana or a controlled substance referred to in subparagraph (C) of this sub- section’’. Subsec. (d)(1)(B). Pub. L. 103–322, § 90101(3), inserted ‘‘marijuana or a controlled substance in schedule III, other than a controlled substance referred to in sub- paragraph (C) of this subsection,’’ before ‘‘ammuni- tion,’’. Subsec. (d)(1)(C). Pub. L. 103–322, § 90101(4), inserted ‘‘methamphetamine, its salts, isomers, and salts of its isomers,’’ after ‘‘narcotic drug,’’. Subsec. (d)(1)(D). Pub. L. 103–322, § 90101(5), inserted ‘‘(A), (B), or’’ before ‘‘(C)’’. 1988—Subsec. (b). Pub. L. 100–690, § 6468(a), added par. (1), redesignated former pars. (1) to (4) as (2) to (5), re- spectively, and struck out ‘‘or (c)(1)(C)’’ after ‘‘sub- section (c)(1)(B)’’ in par. (3) as redesignated. Subsecs. (c), (d). Pub. L. 100–690, § 6468(b), added sub- sec. (c) and redesignated former subsec. (c) as (d). 1986—Pub. L. 99–646 amended section generally. Prior to amendment, section read as follows: ‘‘(a) OFFENSE.—A person commits an offense if, in violation of a statute, or a regulation, rule, or order issued pursuant thereto— ‘‘(1) he provides, or attempts to provide, to an in- mate of a Federal penal or correctional facility— ‘‘(A) a firearm or destructive device; ‘‘(B) any other weapon or object that may be used as a weapon or as a means of facilitating escape; ‘‘(C) a narcotic drug as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); ‘‘(D) a controlled substance, other than a narcotic drug, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), or an alcoholic bev- erage; ‘‘(E) United States currency; or ‘‘(F) any other object; or ‘‘(2) being an inmate of a Federal penal or correc- tional facility, he makes, possesses, procures, or oth- erwise provides himself with, or attempts to make, possess, procure, or otherwise provide himself with, anything described in paragraph (1). ‘‘(b) GRADING.—An offense described in this section is punishable by— ‘‘(1) imprisonment for not more than ten years, a fine of not more than $25,000, or both, if the object is anything set forth in paragraph (1)(A); ‘‘(2) imprisonment for not more than five years, a fine of not more than $10,000, or both, if the object is anything set forth in paragraph (1)(B) or (1)(C); ‘‘(3) imprisonment for not more than one year, a fine of not more than $5,000, or both, if the object is anything set forth in paragraph (1)(D) or (1)(E); and ‘‘(4) imprisonment for not more than six months, a fine of not more than $1,000, or both, if the object is any other object. ‘‘(c) DEFINITIONS.—As used in this section, ‘firearm’ and ‘destructive device’ have the meaning given those terms, respectively, in 18 U.S.C. 921(a)(3) and (4).’’ 1984—Pub. L. 98–473 substituted provisions relating to providing or possessing contraband in prison, grading of offenses and definitions of ‘‘firearm’’ and ‘‘destruc- tive device’’ for former provisions relating to traffic in contraband articles. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 52(b), Nov. 10, 1986, 100 Stat. 3607, pro- vided that: ‘‘The amendment made by this section Page 447 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 1821 [amending this section] shall take effect 30 days after the date of the enactment of this Act [Nov. 10, 1986].’’ § 1792. Mutiny and riot prohibited Whoever instigates, connives, willfully at- tempts to cause, assists, or conspires to cause any mutiny or riot, at any Federal penal, deten- tion, or correctional facility, shall be impris- oned not more than ten years or fined under this title, or both. (June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 98–473, title II, § 1109(b), Oct. 12, 1984, 98 Stat. 2148; Pub. L. 99–646, § 53(a), Nov. 10, 1986, 100 Stat. 3607; Pub. L. 103–322, title XXXIII, § 330016(1)(O), Sept. 13, 1994, 108 Stat. 2148.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 252 (May 18, 1934, ch. 303, § 1, 48 Stat. 782). Escape provisions of this section were incorporated in section 752 of this title. Reference to persons causing, procuring, aiding and assisting was omitted. Such persons are principals under section 2 of this title. Minor changes were made in translation and phrase- ology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $25,000’’. 1986—Pub. L. 99–646 inserted ‘‘, detention,’’ after ‘‘penal’’. 1984—Pub. L. 98–473 substituted provisions deleting prohibition on bringing dangerous instrumentalities into prison and inserted provision setting forth a max- imum $25,000 fine. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 53(b), Nov. 10, 1986, 100 Stat. 3607, pro- vided that: ‘‘The amendment made by this section [amending this section] shall take effect 30 days after the enactment of this Act [Nov. 10, 1986].’’ § 1793. Trespass on Bureau of Prisons reserva- tions and land Whoever, without lawful authority or permis- sion, goes upon a reservation, land, or a facility of the Bureau of Prisons shall be fined under this title or imprisoned not more than six months, or both. (Added Pub. L. 99–646, § 64(a), Nov. 10, 1986, 100 Stat. 3614; amended Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. CHAPTER 88—PRIVACY Sec. 1801. Video voyeurism. § 1801. Video voyeurism (a) Whoever, in the special maritime and terri- torial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and know- ingly does so under circumstances in which the individual has a reasonable expectation of pri- vacy, shall be fined under this title or impris- oned not more than one year, or both. (b) In this section— (1) the term ‘‘capture’’, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast; (2) the term ‘‘broadcast’’ means to electroni- cally transmit a visual image with the intent that it be viewed by a person or persons; (3) the term ‘‘a private area of the indi- vidual’’ means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual; (4) the term ‘‘female breast’’ means any por- tion of the female breast below the top of the areola; and (5) the term ‘‘under circumstances in which that individual has a reasonable expectation of privacy’’ means— (A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the indi- vidual was being captured; or (B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place. (c) This section does not prohibit any lawful law enforcement, correctional, or intelligence activity. (Added Pub. L. 108–495, § 2(a), Dec. 23, 2004, 118 Stat. 3999.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–495, § 1, Dec. 23, 2004, 118 Stat. 3999, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Video Voyeurism Prevention Act of 2004’.’’ [CHAPTER 89—REPEALED] [§ 1821. Repealed. Pub. L. 116–260, div. O, title X, § 1002(8), Dec. 27, 2020, 134 Stat. 2155] Section, act June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title IV, § 4004(c), Nov. 2, 2002, 116 Stat. 1812, penalized the transportation of dentures from unlicensed sources. CHAPTER 90—PROTECTION OF TRADE SECRETS Sec. 1831. Economic espionage. 1832. Theft of trade secrets. 1833. Exceptions to prohibitions. 1834. Criminal forfeiture. 1835. Orders to preserve confidentiality. 1836. Civil proceedings. 1837. Applicability to conduct outside the United States. 1838. Construction with other laws. 1839. Definitions. Editorial Notes AMENDMENTS 2016—Pub. L. 114–153, § 2(d)(2), May 11, 2016, 130 Stat. 381, substituted ‘‘Civil proceedings’’ for ‘‘Civil pro- ceedings to enjoin violations’’ in item 1836.