§ 232. Definitions

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. 1968

   Civil Obedience Act of 1968

   Pub. L. 90–284 title X § 1002(a) · 82 Stat. 73

   Enacted · 18 U.S.C. § 232

   Added Pub. L. 90–284, title X, § 1002(a), Apr. 11, 1968, 82 Stat. 91

   Source evidence

   Code source credit
   Added Pub. L. 90–284, title X, § 1002(a), Apr. 11, 1968, 82 Stat. 91

   Enacted provision · exact public law section
   (a) Title 18, United States Code, is amended by inserting after chapter 11 thereof the following new chapter: “Chapter 12.— CIVIL DISORDERS “Sec. “231. Civil disorders. “232. Definitions. “233. Preemption. “§ 231. Civil disorders “(a) (1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or “(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or “(3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the move-ment of any article or commodity in commerce or the conduct or performance of any federally protected function— “Shall be fined not more than Penalty. $10,000 or imprisoned not more than five years, or both. “(b) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties. “§ 232. Definitions “For purposes of this chapter: “(1) The term ‘civil disorder’ means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual. “(2) The term ‘commerce’ means commerce (A) between any State or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia. “(3) The term ‘federally protected function’ means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails. “(4) The term ‘firearm’ means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon. “(5) The term ‘explosive or incendiary device’ means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone. “(6) The term ‘fireman’ means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia. “(7) The term ‘law enforcement officer’ means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include, but shall not be limited to, members of the National Guard, as defined in section 101(9) of title 10, 70A Stat. 4. United States Code, members of the organized militia of any State, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of National Guard as defined by such section 101(9), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder. “§ 233. Preemption “Nothing contained in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any provisions of the chapter operate to the exclusion of State or local laws on the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of State law unless such provision is inconsistent with any of the purposes of this chapter or any provision thereof.”

2. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 title XII § 1205(a) · 104 Stat. 4789

   Added · 18 U.S.C. § 232(8)

   Pub. L. 101–647 added par. (8)

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 101–647 added par. (8).

   Enacted provision · exact public law section
   (a) Section 232 of title 18, United States Code, is amended by adding a new paragraph, as follows: “(8) The term ‘State’ includes a State of the United States, and any commonwealth, territory, or possession of the United States.”.

3. 1992

   Wagner-O’Day Act

   Pub. L. 102–484 div. A title X § 1051(b)(1) · 106 Stat. 2315

   1. Substituted · 18 U.S.C. § 232(7)

      Pub. L. 102–484 substituted “members of the National Guard (as defined in section 101 of title 10),” for “, but shall not be limited to, members of the National Guard, as defined in section 101(9) of title 10, United States Code,”

   2. Substituted · 18 U.S.C. § 232(7)

      Pub. L. 102–484 substituted “not included within the National Guard (as defined in section 101 of title 10),” for “, not included within the definition of National Guard as defined by such section 101(9),”

   Source evidence

   Code amendment note
   Par. (7). Pub. L. 102–484 substituted “members of the National Guard (as defined in section 101 of title 10),” for “, but shall not be limited to, members of the National Guard, as defined in section 101(9) of title 10, United States Code,” and “not included within the National Guard (as defined in section 101 of title 10),” for “, not included within the definition of National Guard as defined by such section 101(9),”.

   Enacted provision · exact public law section
   SEC. 1051. REORGANIZATION OF SECTION 101 DEFINITIONS. (a) “In General.— Section 101 of title 10, United States Code, is amended to read as follows: “§ 101. Definitions “(a) In General.— The following definitions apply in this title: “(1) The term United States’, in a geographic sense, means the States and the District of Columbia. “(2) The term ‘Territory’ (except as provided in section 101(1) of title 32 for laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States) means any Territory organized after August 10, 1956, so long as it remains a Territory. “(3) The term ‘possessions’ includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Territory or Commonwealth. “(4) The term ‘armed forces’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard. “(5) The term ‘uniformed services’ means— “(A) the armed forces; “(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and “(C) the commissioned corps of the Public Health Service. “(6) The term ‘department’, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. “(7) The term ‘executive part of the department’ means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. “(8) The term ‘military departments’ means the Department of the Army, the Department of the Navy, and the Department of the Air Force. “(9) The term ‘Secretary concerned’ means— “(A) the Secretary of the Army, with respect to matters concerning the Army; “(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy; “(C) the Secretary of the Air Force, with respect to matters concerning the Air Force; and “(D) the Secretary of Transportation, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy. “(10) The term ‘service acquisition executive’ means the civilian official within a military department who is designated as the service acquisition executive for purposes of regulations and procedures providing for a service acquisition executive for that military department. “(11) The term ‘Defense Agency’ means an organizational entity of the Department of Defense— “(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or “(B) that is designated by the Secretary of Defense as a Defense Agency. “(12) The term ‘Department of Defense Field Activity’ means an organizational entity of the Department of Defense— “(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department; and “(B) that is designated by the Secretary of Defense as a Department of Defense Field Activity. “(13) The term ‘contingency operation’ means a military operation that— “(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or “(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 672(a), 673, 673b, 673c, 688, 3500, or 8500 of this title, chapter 15 of this title, or any other provision of law during a war or during a national emergency declared by the President or Congress. “(14) The term ‘supplies’ includes material, equipment, and stores of all kinds. “(15) The term ‘pay’ includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances. “(b) Personnel Generally.— The following definitions relating to military personnel apply in this title: “(1) The term ‘officer’ means a commissioned or warrant officer. “(2) The term ‘commissioned officer’ includes a commissioned warrant officer. “(3) The term ‘warrant officer’ means a person who holds a commission or warrant in a warrant officer grade. “(4) The term ‘general officer’ means an officer of the Army, Air Force, or Marine Corps serving in or having the grade of general, lieutenant general, major general, or brigadier general. “(5) The term ‘flag officer’ means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half). “(6) The term ‘enlisted member’ means a person in an enlisted grade. “(7) The term ‘grade’ means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. “(8) The term ‘rank’ means the order of precedence among members of the armed forces. “(9) The term ‘rating’ means the name (such as ‘boatswain’s mate’) prescribed for members of an armed force in an occupational field. The term ‘rate’ means the name (such as ‘chief boatswain’s mate’) prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice). “(10) The term ‘original’, with respect to the appointment of a member of the armed forces in a regular or reserve component, refers to that member’s most recent appointment in that component that is neither a promotion nor a demotion. “(11) The term ‘authorized strength’ means the largest number of members authorized to be in an armed force, a component, a branch, a grade, or any other category of the armed forces. “(12) The term ‘regular’, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office in a regular component of an armed force. “(13) The term ‘active-duty list1 means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty. “(14) The term ‘medical officer’ means an officer of the Medical Corps of the Army, an officer of the Medical Corps of the Navy, or an officer in the Air Force designated as a medical officer. “(15) The term ‘dental officer’ means an officer of the Dental Corps of the Army, an officer of the Dental Corps of the Navy, or an officer of the Air Force designated as a dental officer. “(c) Reserve Components.— The following definitions relating to the reserve components apply in this title: “(1) The term ‘National Guard’ means the Army National Guard and the Air National Guard. “(2) The term ‘Army National Guard’ means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that— “(A) is a land force; “(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; “(C) is organized, armed, and equipped wholly or partly at Federal expense; and “(D) is federally recognized. “(3) The term ‘Army National Guard of the United States’ means the reserve component of the Army all of whose members are members of the Army National Guard. “(4) The term ‘Air National Guard’ means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that— “(A) is an air force; “(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; “(C) is organized, armed, and equipped wholly or partly at Federal expense; and “(D) is federally recognized. “(5) The term ‘Air National Guard of the United States’ means the reserve component of the Air Force all of whose members are members of the Air National Guard. “(6) The term ‘reserve’, with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office held as a Reserve of one of the armed forces. “(d) Duty Status.— The following definitions relating to duty status apply in this title: “(1) The term ‘active duty’ means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty. “(2) The term ‘active duty for a period of more than 30 days’ means active duty under a call or order that does not specify a period of 30 days or less. “(3) The term ‘active service’ means service on active duty or full-time National Guard duty. “(4) The term ‘active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve. “(5) The term ‘full-time National Guard duty’ means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member’s status as a member of the National Guard of a State or territory , the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States. “(6) The term ‘inactive-duty training’ means— “(A) duty prescribed for Reserves by the Secretary concerned under section 206 of title 37 or any other provision of law; and “(B) special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned. Such term includes those duties when performed by Reserves in their status as members of the National Guard. “(e) Rules of Construction.— In this title— “(1) ‘shall’ is used in an imperative sense; “(2) ‘may’ is used in a permissive sense; “(3) ‘no person may * * *’ means that no person is required, authorized, or permitted to do the act prescribed; “(4) ‘includes’ means ‘includes but is not limited to’; and “(5) ‘spouse’ means husband or wife, as the case may be. “(f) Reference to Title 1 Definitions.— For other definitions applicable to this title, see sections 1 through 5 of title 1.”.

4 of 4 references resolved to an enrolled provision