§ 1091. Genocide

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Genocide Convention Implementation Act of 1987 (the Proxmire Act)

   Pub. L. 100–606 § 2(a) · 102 Stat. 3045

   Enacted · 18 U.S.C. § 1091

   Added Pub. L. 100–606, § 2(a), Nov. 4, 1988, 102 Stat. 3045

   Source evidence

   Code source credit
   Added Pub. L. 100–606, § 2(a), Nov. 4, 1988, 102 Stat. 3045

   Enacted provision · exact public law section
   (a) In General.— Part I of title 18, United States Code, is amended by inserting after chapter 50 the following: “CHAPTER 50A— GENOCIDE “Sec. 1091. Genocide. 1092. Exclusive remedies. 11193 Definitions. “§ 1091. Genocide “(a) Basic Offense.— Whoever, whether in time of peace or in time of war, in a circumstance described in subsection (d) and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such— “(1) kills members of that group; “(2) causes serious bodily injury to members of that group; “(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques; “(4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part; “(5) imposes measures intended to prevent births within the group; or “(6) transfers by force children of the group to another group; or attempts to do so, shall be punished as provided in subsection (b). “(b) Punishment for Basic Offense.— The punishment for an offense under subsection (a) is— “(1) in the case of an offense under subsection (a)(1), a fine of not more than $1,000,000 and imprisonment for life; and “(2) a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case. “(c) Incitement Offense.— Whoever in a circumstance described in subsection (d) directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both. “(d) Required Circumstance for Offenses.— The circumstance referred to in subsections (a) and (c) is that— “(1) the offense is committed within the United States; or “(2) the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)1. “(e) Nonapplicability of Certain Limitations.— Notwithstanding section 3282 of this title, in the case of an offense under subsection (a)(1), an indictment may be found, or information instituted, at any time without limitation. § 1092. Exclusive remedies “Nothing in this chapter shall be construed as precluding the application of State or local laws to the conduct proscribed by this chapter, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any proceeding. “§ 1093. Definitions “As used in this chapter— “(1) the term ‘children’ means the plural and means individuals who have not attained the age of eighteen years; “(2) the term ‘ethnic group’ means a set of individuals whose identity as such is distinctive in terms of common cultural traditions or heritage; “(3) the term ‘incites’ means urges another to engage imminently in conduct in circumstances under which there is a substantial likelihood of imminently causing such conduct; “(4) the term ‘members’ means the plural; “(5) the term ‘national group’ means a set of individuals whose identity as such is distinctive in terms of nationality or national origins; “(6) the term ‘racial group’ means a set of individuals whose identity as such is distinctive in terms of physical characteristics or biological descent; “(7) the term ‘religious group’ means a set of individuals whose identity as such is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals; and “(8) the term ‘substantial part’ means a part of a group of such numerical significance that the destruction or loss of that part would cause the destruction of the group as a viable entity within the nation of which such group is a part.”.

2. 1994

   Federal Death Penalty Act of 1994

   Pub. L. 103–322 title VI § 60003(a)(13) · 108 Stat. 1796

   1. Amended · 18 U.S.C. § 1091(b)(1)

      Pub. L. 103–322, as amended by Pub. L. 107–273, § 4002(a)(4)

   2. Substituted · 18 U.S.C. § 1091(b)(1)

      Pub. L. 103–322, as substituted “, where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;” for “a fine of not more than $1,000,000 and imprisonment for life,”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 103–322, as amended by Pub. L. 107–273, § 4002(a)(4), substituted “, where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;” for “a fine of not more than $1,000,000 and imprisonment for life,”.

   Enacted provision · exact public law section
   (13) Genocide.— Section 1091(b)(1) of title 18, United States Code, is amended by striking “a fine of not more than $1,000,000 or imprisonment for life,” and inserting “, where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;”.

3. 2002

   Criminal Law Technical Amendments Act of 2002

   Pub. L. 107–273 § 4002(b)(7) · 116 Stat. 1758

   Substituted · 18 U.S.C. § 1091(b)(1)

   Pub. L. 107–273, § 4002(b)(7), substituted “subsection (a)(1),” for “subsection (a)(1),,”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 107–273, § 4002(b)(7), substituted “subsection (a)(1),” for “subsection (a)(1),,”.

   Enacted provision · exact public law section
   (7) Punctuation correction in section 1091.— Section 1091(b)(1) of title 18, United States Code, is amended by striking “subsection (a)(1),” and inserting “subsection (a)(1)”.

   Effective date note
   Pub. L. 107–273, div. B, title IV, § 4002(a)(4), Nov. 2, 2002, 116 Stat. 1806, provided that the amendment made by section 4002(a)(4) is effective Sept. 13, 1994.

4. 2002

   Criminal Law Technical Amendments Act of 2002

   Pub. L. 107–273 § 4002(a)(4) · 116 Stat. 1758

   Changed · 18 U.S.C. § 1091(b)(1)

   Pub. L. 107–273, § 4002(a)(4), made technical correction to directory language of Pub. L. 103–322. See 1994 Amendment note below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 107–273, § 4002(a)(4), made technical correction to directory language of Pub. L. 103–322. See 1994 Amendment note below.

   Enacted provision · exact public law section
   (4) Correction of incorrect word.— Sections 1425 through 1427,1541 through 1544 and 1546(a) of title 18, United States Code, are each amended by striking “to facility” and inserting “to facilitate”.

   Effective date note
   Pub. L. 107–273, div. B, title IV, § 4002(a)(4), Nov. 2, 2002, 116 Stat. 1806, provided that the amendment made by section 4002(a)(4) is effective Sept. 13, 1994.

5. 2007

   Genocide Accountability Act of 2007

   Pub. L. 110–151 § 2 · 121 Stat. 1821

   1. Added · 18 U.S.C. § 1091(d)

      Pub. L. 110–151 added subsec. (d)

   2. Struck · 18 U.S.C. § 1091(d)

      Pub. L. 110–151 struck out former subsec. (d). Text of former subsec. (d) read as follows: “The circumstance referred to in subsections (a) and (c) is that—

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–151 added subsec. (d) and struck out former subsec. (d). Text of former subsec. (d) read as follows: “The circumstance referred to in subsections (a) and (c) is that—

   “(1) the offense is committed within the United States; or “(2) the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).”

   Enacted provision · exact public law section
   SEC. 2. GENOCIDE.   Section 1091 of title 18, United States Code, is amended by striking subsection (d) and inserting the following: “(d) Required Circumstance for Offenses.— The circumstance referred to in subsections (a) and (c) is that— “(1) the offense is committed in whole or in part within the United States; “(2) the alleged offender is a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); “(3) the alleged offender is an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); “(4) the alleged offender is a stateless person whose habitual residence is in the United States; or “(5) after the conduct required for the offense occurs, the alleged offender is brought into, or found in, the United States, even if that conduct occurred outside the United States.” .

6. 2009

   Human Rights Enforcement Act of 2009

   Pub. L. 111–122 § 3(a)(1) · 123 Stat. 3480

   Struck · 18 U.S.C. § 1091(a)

   Pub. L. 111–122, § 3(a)(1), struck out “, in a circumstance described in subsection (d)” before “and with the specific” in introductory provisions and “or attempts to do so,” before “shall be punished” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–122, § 3(a)(1), struck out “, in a circumstance described in subsection (d)” before “and with the specific” in introductory provisions and “or attempts to do so,” before “shall be punished” in concluding provisions.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking “, in a circumstance described in subsection (d)”; and (B) by striking “or attempts to do so,”;

7. 2009

   Human Rights Enforcement Act of 2009

   Pub. L. 111–122 § 3(a)(2) · 123 Stat. 3480

   Struck · 18 U.S.C. § 1091(c)

   Pub. L. 111–122, § 3(a)(2), struck out “in a circumstance described in subsection (d)” before “directly”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–122, § 3(a)(2), struck out “in a circumstance described in subsection (d)” before “directly”.

   Enacted provision · exact public law section
   (2) in subsection (c), by striking “in a circumstance described in subsection (d)”;

8. 2009

   Human Rights Enforcement Act of 2009

   Pub. L. 111–122 § 3(a)(3) · 123 Stat. 3480

   1. Added · 18 U.S.C. § 1091(d)(f)

      Pub. L. 111–122, § 3(a)(3), (4), added subsecs. (d) to (f)

   2. Struck · 18 U.S.C. § 1091(d)(f)

      Pub. L. 111–122, § 3(a)(3), (4), struck out former subsecs. (d) and (e) which related to the required circumstance for offenses referred to in subsecs. (a) and (c) and nonapplicability of certain limitations, respectively

   Source evidence

   Code amendment note
   Subsecs. (d) to (f). Pub. L. 111–122, § 3(a)(3), (4), added subsecs. (d) to (f) and struck out former subsecs. (d) and (e) which related to the required circumstance for offenses referred to in subsecs. (a) and (c) and nonapplicability of certain limitations, respectively.

   Enacted provision · exact public law section
   (3) by striking subsection (d) and (e); and

11 of 11 references resolved to an enrolled provision