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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 75 — Passports and Visas

§ 1544. Misuse of passport

Statutory text

Whoever willfully and knowingly uses, or attempts to use, any passport issued or designed for the use of another; or

Whoever willfully and knowingly uses or attempts to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports; or

Whoever willfully and knowingly furnishes, disposes of, or delivers a passport to any person, for use by another than the person for whose use it was originally issued and designed—

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.

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. § 1544

    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)(I) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1544

    Pub. L. 103–322, § 330016(1)(I), which directed the amendment of this section by substituting “under this title” for “not more than $2,000”, could not be executed because the words “not more than $2,000” did not appear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(2). See below

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(1)(I), which directed the amendment of this section by substituting “under this title” for “not more than $2,000”, could not be executed because the words “not more than $2,000” did not appear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(2). See below.

    Enacted provision · exact public law section
    (I) in sections 331, 482, 486, 499, 755, 873, 958, 1016, 1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622, 1702, 1708, 1709, 1920, 1921, 1923, 2071, 2193, 2233, 2386, and 2424 by striking “not more than $2,000” 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)(2) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1544

    Pub. L. 103–322, § 130009(a)(2), substituted “under this title, imprisoned not more than 10 years” for “not more than $2,000 or imprisoned not more than five years” in last par

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 130009(a)(2), substituted “under this title, imprisoned not more than 10 years” for “not more than $2,000 or imprisoned not more than five years” in last par.

    Enacted provision · exact public law section
    (2) in each of sections 1542, 1543, and 1544 by striking “not more than $2,000 or imprisoned not more than five years” 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. § 1544

    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 last par

    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 last 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. 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. § 1544

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

    Source evidence

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

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on section 221 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (June 15, 1917, ch. 30, title IX, § 3, 40 Stat. 227; Mar. 28, 1940, ch. 72, § 7, 54 Stat. 80).

Mandatory-punishment provision rephrased in the alternative.

Punishment of five years’ imprisonment was substituted for “ten years” to conform with other sections embracing offenses of comparable gravity.

The phrase “which said rules shall be printed on the passport” was omitted as inconsistent with administrative practice and because the existing rules are too voluminous to be printed on a passport.

Minor changes were made in phraseology.

Editorial Notes

Amendments1994–2002 · 3 rounds

2002

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

1996

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 last par.

1994

Pub. L. 103–322, § 330016(1)(I), which directed the amendment of this section by substituting “under this title” for “not more than $2,000”, could not be executed because the words “not more than $2,000” did not appear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(2). See below.

Pub. L. 103–322, § 130009(a)(2), substituted “under this title, imprisoned not more than 10 years” for “not more than $2,000 or imprisoned not more than five years” 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 · 4 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 771
  2. 1994Pub. L. 103–322, title XIII, § 130009(a)(2), title XXXIII, § 330016(1)(I), , 108 Stat. 2030, 2147
  3. 1996Pub. L. 104–208, div. C, title II, § 211(a)(2), , 110 Stat. 3009–569
  4. 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)(2), title XXXIII, § 330016(1)(I), , 108 Stat. 2030, 2147; Pub. L. 104–208, div. C, title II, § 211(a)(2), , 110 Stat. 3009–569; Pub. L. 107–273, div. B, title IV, § 4002(a)(3), , 116 Stat. 1806.)

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