18 U.S.C. § 401 — Power of court

Page 110 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 401 plete renunciation of his criminal intent, the de- fendant prevented the commission of the crime solicited. A renunciation is not ‘‘voluntary and complete’’ if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute an- other victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence. (c) It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because he lacked the state of mind required for its commission, be- cause he was incompetent or irresponsible, or because he is immune from prosecution or is not subject to prosecution. (Added Pub. L. 98–473, title II, § 1003(a), Oct. 12, 1984, 98 Stat. 2138; amended Pub. L. 99–646, § 26, Nov. 10, 1986, 100 Stat. 3597; Pub. L. 103–322, title XXXIII, § 330016(2)(A), Sept. 13, 1994, 108 Stat. 2148.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 inserted ‘‘(notwith- standing section 3571)’’ before ‘‘fined not more than one-half’’. 1986—Subsec. (a). Pub. L. 99–646 substituted ‘‘property or against the person of another’’ for ‘‘the person or property of another’’ and inserted ‘‘life imprisonment or’’ before ‘‘death’’. CHAPTER 21—CONTEMPTS Sec. 401. Power of court. 402. Contempts constituting crimes. 403. Protection of the privacy of child victims and child witnesses. Editorial Notes AMENDMENTS 1990—Pub. L. 101–647, title II, § 225(b)(2), Nov. 29, 1990, 104 Stat. 4806, added item 403. 1949—Act May 24, 1949, ch. 139, § 8(a), (b), 63 Stat. 90, struck out ‘‘CONSTITUTING CRIMES’’ in chapter heading and substituted ‘‘Contempts constituting crimes’’ for ‘‘Criminal contempts’’ in item 402. § 401. Power of court A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as— (1) Misbehavior of any person in its presence or so near thereto as to obstruct the adminis- tration of justice; (2) Misbehavior of any of its officers in their official transactions; (3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command. (June 25, 1948, ch. 645, 62 Stat. 701; Pub. L. 107–273, div. B, title III, § 3002(a)(1), Nov. 2, 2002, 116 Stat. 1805.) HISTORICAL AND REVISION NOTES Based on section 385 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (Mar. 3, 1911, ch. 231, § 268, 36 Stat. 1163). Said section 385 conferred two powers. The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary. The second part relat- ing to contempt of court constitutes this section. Changes in phraseology and arrangement were made. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 inserted ‘‘or both,’’ after ‘‘fine or imprisonment,’’ in introductory provisions. § 402. Contempts constituting crimes Any person, corporation or association will- fully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States, including the Foreign Intel- ligence Surveillance Court or the Foreign Intel- ligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Sur- veillance Act of 1978 (50 U.S.C. 1803), or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by a fine under this title or imprisonment, or both. Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or ap- portioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months. This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the ad- ministration of justice, nor to contempts com- mitted in disobedience of any lawful writ, proc- ess, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law. For purposes of this section, the term ‘‘State’’ includes a State of the United States, the Dis- trict of Columbia, and any commonwealth, ter- ritory, or possession of the United States. (June 25, 1948, ch. 645, 62 Stat. 701; May 24, 1949, ch. 139, § 8(c), 63 Stat. 90; Pub. L. 101–647, title XII, § 1205(c), Nov. 29, 1990, 104 Stat. 4830; Pub. L. 103–322, title XXXIII, §§ 330011(f), 330016(2)(E), Sept. 13, 1994, 108 Stat. 2145, 2148; Pub. L. 118–49, § 14(a), Apr. 20, 2024, 138 Stat. 882.) HISTORICAL AND REVISION NOTES 1948 ACT Based on sections 386, 387, 389, and 390a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, §§ 1, 21, 22, 24, 38 Stat. 730, 738, 739). Section 21 of the Clayton Act, section 386 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, is here consolidated with parts of sections 1, 22, and 24 of the same act. Section 1 of said act, section 390a of title 28 U.S.C., 1940 ed., Judicial Code and Judiciary, defined