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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 63 — Mail Fraud and Other Fraud Offenses

§ 1351. Fraud in foreign labor contracting

Statutory text

(a)

Work Inside the United States.—

Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment in the United States by means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both.

(b)

Work Outside the United States.—

Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment performed on a United States Government contract performed outside the United States, or on a United States military installation or mission outside the United States or other property or premises outside the United States owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.

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. William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008

    Pub. L. 110–457 title II § 222(e)(2) · 122 Stat. 5044

    Enacted · 18 U.S.C. § 1351

    Added Pub. L. 110–457, title II, § 222(e)(2), Dec. 23, 2008, 122 Stat. 5070

    Source evidence

    Code source credit
    Added Pub. L. 110–457, title II, § 222(e)(2), Dec. 23, 2008, 122 Stat. 5070

    Enacted provision · exact public law section
    (2) by adding at the end the following: “§ 1351. Fraud in foreign labor contracting   “Whoever knowingly and with intent to defraud recruits, solicits or hires a person outside the United States for purposes of employment in the United States by means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both.” ; and

  2. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1706(a)(1) · 126 Stat. 1632

    Substituted · 18 U.S.C. § 1351(a)

    Pub. L. 112–239, § 1706(a)(1), which directed substitution of “(a) Work Inside the United States.—Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so,” for “Whoever knowingly and with the intent to defraud recruits, solicits or hires a person outside the United States”, was executed by making the substitution for “Whoever knowingly and with intent to defraud recruits, solicits or hires a person outside the United States” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–239, § 1706(a)(1), which directed substitution of “(a) Work Inside the United States.—Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so,” for “Whoever knowingly and with the intent to defraud recruits, solicits or hires a person outside the United States”, was executed by making the substitution for “Whoever knowingly and with intent to defraud recruits, solicits or hires a person outside the United States” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) by striking “Whoever knowingly and with the intent to defraud recruits, solicits or hires a person outside the United States” and inserting “(a) Work Inside the United States.—Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so,”; and

    Effective date note
    Amendment by Pub. L. 112–239 effective Jan. 2, 2013 and applicable to conduct taking place on or after Jan. 2, 2013, see section 7104d(c)(3) of Title 22, Foreign Relations and Intercourse.

  3. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1706(a)(2) · 126 Stat. 1632

    Added · 18 U.S.C. § 1351(b)

    Pub. L. 112–239, § 1706(a)(2), added subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–239, § 1706(a)(2), added subsec. (b).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(b) Work Outside the United States.— Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment performed on a United States Government contract performed outside the United States, or on a United States military installation or mission outside the United States or other property or premises outside the United States owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.” .

    Effective date note
    Amendment by Pub. L. 112–239 effective Jan. 2, 2013 and applicable to conduct taking place on or after Jan. 2, 2013, see section 7104d(c)(3) of Title 22, Foreign Relations and Intercourse.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments

2013—Subsec. (a). Pub. L. 112–239, § 1706(a)(1), which directed substitution of “(a) Work Inside the United States.—Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so,” for “Whoever knowingly and with the intent to defraud recruits, solicits or hires a person outside the United States”, was executed by making the substitution for “Whoever knowingly and with intent to defraud recruits, solicits or hires a person outside the United States” to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 112–239, § 1706(a)(2), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 112–239 effective and applicable to conduct taking place on or after , see section 7104d(c)(3) of Title 22, Foreign Relations and Intercourse.

Credits

2008–2013 · 2 acts
  1. 2008Added Pub. L. 110–457, title II, § 222(e)(2), , 122 Stat. 5070
  2. 2013amended Pub. L. 112–239, div. A, title XVII, § 1706(a), , 126 Stat. 2097.
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(Added Pub. L. 110–457, title II, § 222(e)(2), , 122 Stat. 5070; amended Pub. L. 112–239, div. A, title XVII, § 1706(a), , 126 Stat. 2097.)

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