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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 75 — Passports and Visas

§ 1541. Issuance without authority

Statutory text

Whoever, acting or claiming to act in any office or capacity under the United States, or a State, without lawful authority grants, issues, or verifies any passport or other instrument in the nature of a passport to or for any person whomsoever; or

Whoever, being a consular officer authorized to grant, issue, or verify passports, knowingly and willfully grants, issues, or verifies any such passport to or for any person not owing allegiance, to the United States, whether a citizen or not—

Shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate 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 defined 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 facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.

For purposes of this section, the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

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. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 1541

    June 25, 1948, ch. 645, 62 Stat. 771

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 771

  2. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(G) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1541

    Pub. L. 103–322, § 330016(1)(G), which directed the amendment of this section by substituting “under this title” for “not more than $500”, could not be executed because the words “not more than $500” did not appear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(1). See below

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(1)(G), which directed the amendment of this section by substituting “under this title” for “not more than $500”, could not be executed because the words “not more than $500” did not appear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(1). See below.

    Enacted provision · exact public law section
    (G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by striking “not more than $500” each place it appears and inserting “under this title”;

  3. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 130009(a)(1) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1541

    Pub. L. 103–322, § 130009(a)(1), substituted “under this title, imprisoned not more than 10 years” for “not more than $500 or imprisoned not more than one year” in last par

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 130009(a)(1), substituted “under this title, imprisoned not more than 10 years” for “not more than $500 or imprisoned not more than one year” in last par.

    Enacted provision · exact public law section
    (1) in section 1541 by striking “not more than $500 or imprisoned not more than one year” and inserting “under this title, imprisoned not more than 10 years”;

  4. Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 div. C title II § 211(a)(2) · 110 Stat. 3009

    Substituted · 18 U.S.C. § 1541

    Pub. L. 104–208 substituted “imprisoned not more than 25 years (if the offense was committed to facilitate 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 defined 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 international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)” for “imprisoned not more than 10 years” in third par

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–208 substituted “imprisoned not more than 25 years (if the offense was committed to facilitate 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 defined 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 international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)” for “imprisoned not more than 10 years” in third par.

    Enacted provision · exact public law section
    (a) Effective 15 days after the enactment of the Sustainable Fisheries Act, section 1 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall be amended to read as follows: “That this Act may be cited as the ‘Magnuson-Stevens Fishery Conservation and Management Act’.”

    Effective date note
    Amendment by Pub. L. 104–208 applicable with respect 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.

  5. Economic Espionage Act of 1996

    Pub. L. 104–294 § 607(n)(1) · 110 Stat. 3488

    Struck · 18 U.S.C. § 1541

    Pub. L. 104–294, § 607(n)(1), struck out “or possession” after “or a State” in first par

    Source evidence

    Code amendment note
    Pub. L. 104–294, § 607(n)(1), struck out “or possession” after “or a State” in first par.

    Enacted provision · exact public law section
    (1) in the first undesignated paragraph, by striking “or possession”; and

  6. Economic Espionage Act of 1996

    Pub. L. 104–294 § 607(n)(2) · 110 Stat. 3488

    Added · 18 U.S.C. § 1541

    Pub. L. 104–294, § 607(n)(2), added last par. defining “State” for purposes of this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–294, § 607(n)(2), added last par. defining “State” for purposes of this section.

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “For purposes of this section, the term ‘State’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”.

  7. Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(a)(3) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 1541

    Pub. L. 107–273 substituted “to facilitate” for “to facility” in third par

    Source evidence

    Code amendment note
    Pub. L. 107–273 substituted “to facilitate” for “to facility” in third par.

    Enacted provision · exact public law section
    (a) Missing and Incorrect Words.— (1) Correction of garbled sentence.— Section 510(c) of title 18, United States Code, is amended by striking “fine of under this title” and inserting “fine under this title”. (2) Insertion of missing words.— Section 981(d) of title 18, United States Code, is amended by striking “proceeds from the sale of this section” and inserting “proceeds from the sale of such property under this 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”. (5) Correcting erroneous amendatory language on executed amendment.— Effective on the date of the enactment of Public Law 103-322, section 60003(a)(13) of such public law is amended by striking “$1,000,000 or imprisonment” and inserting “$1,000,000 and imprisonment”. (5) Correction of reference to short title of law.— That section 2332d(a) of title 18, United States Code, which relates to financial transactions is amended by inserting “of 1979” after “Export Administration Act”. (6) Elimination of typographical error.— Section 1992(b) of title 18, United States Code, is amended by striking “term or years” and inserting “term of years”. (7) Spelling correction.— Section 2339A(a) of title 18,United States Code, is amended by striking “or an escape” and inserting “of an escape”. (8) Section 3553.— Section 3553(e) of title 18, United States Code, is amended by inserting “a” before “minimum”. (9) Misspelling in section 205.— Section 205(d)(1)(B) of title 18, United States Code, is amended by striking “groups’s” and inserting “group’s”. (10) Conforming change and inserting missing word in section 709.— The paragraph in section 709 of title 18, United States Code, that begins with “A person who” is amended— (A) by striking “A person who” and inserting “Who-ever”; and (B) by inserting “or” after the semicolon at the end. (11) Error in language being stricken.— Effective on the date of its enactment, section 726(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) is amended— (A) in subparagraphs (C) and (E), by striking “section” the first place it appears; and (B) in subparagraph (G), by striking “relating to” the first place it appears.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on section 219 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (R.S. 4078; June 14, 1902, ch. 1088, § 3, 32 Stat. 386).

The venue provision, which followed the punishment provisions, was omitted as covered by section 3238 of this title.

Changes were made in phraseology.

Editorial Notes

Amendments1994–2002 · 3 rounds

2002

Pub. L. 107–273 substituted “to facilitate” for “to facility” in third par.

1996

Pub. L. 104–294, § 607(n)(1), struck out “or possession” after “or a State” in first par.

Pub. L. 104–294, § 607(n)(2), added last par. defining “State” for purposes of this section.

Pub. L. 104–208 substituted “imprisoned not more than 25 years (if the offense was committed to facilitate 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 defined 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 international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)” for “imprisoned not more than 10 years” in third par.

1994

Pub. L. 103–322, § 330016(1)(G), which directed the amendment of this section by substituting “under this title” for “not more than $500”, could not be executed because the words “not more than $500” did not appear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(1). See below.

Pub. L. 103–322, § 130009(a)(1), substituted “under this title, imprisoned not more than 10 years” for “not more than $500 or imprisoned not more than one year” in last par.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 applicable with respect to offenses occurring on or after , see section 211(c) of Pub. L. 104–208, set out as a note under section 1028 of this title.

Credits

1948–2002 · 5 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 771
  2. 1994Pub. L. 103–322, title XIII, § 130009(a)(1), title XXXIII, § 330016(1)(G), , 108 Stat. 2030, 2147
  3. 1996Pub. L. 104–208, div. C, title II, § 211(a)(2), , 110 Stat. 3009–569
  4. 1996Pub. L. 104–294, title VI, § 607(n), , 110 Stat. 3512
  5. 2002Pub. L. 107–273, div. B, title IV, § 4002(a)(3), , 116 Stat. 1806.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 771; Pub. L. 103–322, title XIII, § 130009(a)(1), title XXXIII, § 330016(1)(G), , 108 Stat. 2030, 2147; Pub. L. 104–208, div. C, title II, § 211(a)(2), , 110 Stat. 3009–569; Pub. L. 104–294, title VI, § 607(n), , 110 Stat. 3512; Pub. L. 107–273, div. B, title IV, § 4002(a)(3), , 116 Stat. 1806.)

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USLM identifier /us/usc/t18/s1541