Title 18 — Crimes and Criminal Procedure
Part II · Chapter 211 — Jurisdiction and Venue
§ 3237. Offenses begun in one district and completed in another
Statutory text
Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.
Any offense involving the use of the mails, transportation in interstate or foreign commerce, or the importation of an object or person into the United States is a continuing offense and, except as otherwise expressly provided by enactment of Congress, may be inquired of and prosecuted in any district from, through, or into which such commerce, mail matter, or imported object or person moves.
Notwithstanding subsection (a), where an offense is described in section 7203 of the Internal Revenue Code of 1986, or where venue for prosecution of an offense described in section 7201 or 7206(1), (2), or (5) of such Code (whether or not the offense is also described in another provision of law) is based solely on a mailing to the Internal Revenue Service, and prosecution is begun in a judicial district other than the judicial district in which the defendant resides, he may upon motion filed in the district in which the prosecution is begun, elect to be tried in the district in which he was residing at the time the alleged offense was committed: Provided, That the motion is filed within twenty days after arraignment of the defendant upon indictment or information.
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.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 3237
June 25, 1948, ch. 645, 62 Stat. 826
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 826Pub. L. 85–595 · 72 Stat. 512
Amended · 18 U.S.C. § 3237
Pub. L. 85–595 designated existing provisions as subsec. (a)
Added · 18 U.S.C. § 3237
Pub. L. 85–595 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 85–595 designated existing provisions as subsec. (a) and added subsec. (b).Pub. L. 89–713 § 2 · 80 Stat. 1107
Inserted · 18 U.S.C. § 3237(b)
Pub. L. 89–713 inserted reference to offenses described in section 7203 of the Internal Revenue Code of 1954
Source evidence
Code amendment note
Subsec. (b). Pub. L. 89–713 inserted reference to offenses described in section 7203 of the Internal Revenue Code of 1954.Enacted provision · exact public law section
SEC. 2. RELATED AMENDMENT CONCERNING VENUE FOR CRIMINAL CASES. 72 Stat. 512. Section 3237(b) of title 18 of the United States Code (relating to offenses committed in more than one district) is amended by striking out “where an offense involves use of the mails and is an offense described in section 7201 or 7206 (1), (2), or (5) of the Internal Revenue Code of 1954” and by inserting in lieu thereof “where an offense is described in section 7203 of the Internal Revenue Code of 1954, or where an offense involves use of the mails and is an offense described in section 7201 or 7206 (1), (2), or (5) of such Code”.Effective date note
Amendment by Pub. L. 89–713 effective Nov. 2, 1966, see section 6 of Pub. L. 89–713, set out as a note under section 6091 of Title 26, Internal Revenue Code.Tax Reform Act of 1984
Pub. L. 98–369 div. A title I § 162 · 98 Stat. 494
Substituted · 18 U.S.C. § 3237(b)
Pub. L. 98–369 substituted “venue for prosecution of an offense” for “an offense involves use of the mails and is an offense”
Inserted · 18 U.S.C. § 3237(b)
Pub. L. 98–369 inserted “is based solely on a mailing to the Internal Revenue Service”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–369 substituted “venue for prosecution of an offense” for “an offense involves use of the mails and is an offense” and inserted “is based solely on a mailing to the Internal Revenue Service”.Enacted provision · exact public law section
SEC. 162. CLARIFICATION OF CHANGE OF VENUE FOR CERTAIN TAX OFFENSES. Section 3237(b) of title 18 of the United States Code is amended to read as follows: “(b) Notwithstanding subsection (a), where an offense is described in section 7203 of the Internal Revenue Code of 1954, or where venue 26 USC 7203. for prosecution of an offense described in section 7201 or 7206 (1), (2), or (5) of such Code (whether or not the offense is also described in 26 USC 7201, 7206. another provision of law) is based solely on a mailing to the Internal Revenue Service, and prosecution is begun in a judicial district other than the judicial district in which the defendant resides, he may upon motion filed in the district in which the prosecution is begun, elect to be tried in the district in which he was residing at the time the alleged offense was committed: Provided, That the motion is filed within twenty days after arraignment of the defendant upon indictment or information.”Comprehensive Crime Control Act of 1984
Pub. L. 98–473 title II § 1204(a) · 98 Stat. 1837
Inserted · 18 U.S.C. § 3237(a)
Pub. L. 98–473 inserted “or the importation of an object or person into the United States” and “, or imported object or person” in second par
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–473 inserted “or the importation of an object or person into the United States” and “, or imported object or person” in second par.Enacted provision · exact public law section
(a) The second paragraph of subsection (a) of section 3237 of title 18, United States Code is amended to read as follows: “Any offense involving the use of the mails, transportation in interstate or foreign commerce, or the importation of an object or person into the United States is a continuing offense and, except as otherwise expressly provided by enactment of Congress, may be inquired of and prosecuted in any district from, through, or into which such commerce, mail matter, or imported object or person moves.”.Tax Reform Act of 1986
Pub. L. 99–514 § 2 · 100 Stat. 2085
Substituted · 18 U.S.C. § 3237(b)
Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.Enacted provision · exact public law section
SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.
5 of 8 references resolved to an enrolled provision · 3 partial
Notes
Historical and Revision Notes
Based on section 103 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 42, 36 Stat. 1100).
Section was completely rewritten to clarify legislative intent and in order to omit special venue provisions from many sections.
The phrase “committed in more than one district” may be comprehensive enough to include “begun in one district and completed in another”, but the use of both expressions precludes any doubt as to legislative intent.
Rules 18–22 of the Federal Rules of Criminal Procedure are in accord with this section.
The last paragraph of the revised section was added to meet the situation created by the decision of the Supreme Court of the United States in United States v. Johnson, 1944, 65 S. Ct. 249, 89 L. Ed. 236, which turned on the absence of a special venue provision in the Dentures Act, section 1821 of this revision. The revised section removes all doubt as to the venue of continuing offenses and makes unnecessary special venue provisions except in cases where Congress desires to restrict the prosecution of offenses to particular districts as in section 1073 of this revision.
Editorial Notes
References in Text
Section 7203 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 7203 of Title 26, Internal Revenue Code.
Section 7201 or 7206(1), (2), or (5) of such Code, referred to in subsec. (b), are classified respectively to sections 7201 and 7206(1), (2), (5) of Title 26.
Amendments1958–1986 · 4 rounds
1986
Subsec. (b). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1984
Subsec. (a). Pub. L. 98–473 inserted “or the importation of an object or person into the United States” and “, or imported object or person” in second par.
Subsec. (b). Pub. L. 98–369 substituted “venue for prosecution of an offense” for “an offense involves use of the mails and is an offense” and inserted “is based solely on a mailing to the Internal Revenue Service”.
1966
Subsec. (b). Pub. L. 89–713 inserted reference to offenses described in section 7203 of the Internal Revenue Code of 1954.
1958
Pub. L. 85–595 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–713 effective , see section 6 of Pub. L. 89–713, set out as a note under section 6091 of Title 26, Internal Revenue Code.
Credits
1948–1986 · 6 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 826
- 1958Pub. L. 85–595, , 72 Stat. 512
- 1966Pub. L. 89–713, § 2, , 80 Stat. 1108
- 1984Pub. L. 98–369, div. A, title I, § 162, , 98 Stat. 697
- 1984Pub. L. 98–473, title II, § 1204(a), , 98 Stat. 2152
- 1986Pub. L. 99–514, § 2, , 100 Stat. 2095.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 85–595, , 72 Stat. 512; Pub. L. 89–713, § 2, , 80 Stat. 1108; Pub. L. 98–369, div. A, title I, § 162, , 98 Stat. 697; Pub. L. 98–473, title II, § 1204(a), , 98 Stat. 2152; Pub. L. 99–514, § 2, , 100 Stat. 2095.)