Title 18 — Crimes and Criminal Procedure
Part I · Chapter 21 — Contempts
§ 401. Power of court
Statutory text
A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—
Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
Misbehavior of any of its officers in their official transactions;
Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
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. § 401
June 25, 1948, ch. 645, 62 Stat. 701
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 70121st Century Department of Justice Appropriations Authorization Act
Pub. L. 107–273 div. B title III § 3002(a)(1) · 116 Stat. 1758
Inserted · 18 U.S.C. § 401
Pub. L. 107–273 inserted “or both,” after “fine or imprisonment,” in introductory provisions
Source evidence
Code amendment note
Pub. L. 107–273 inserted “or both,” after “fine or imprisonment,” in introductory provisions.Enacted provision · exact public law section
(1) in section 401, by inserting “or both,” after “fine or imprisonment,”;
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on section 385 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 268, 36 Stat. 1163).
Said section 385 conferred two powers. The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary. The second part relating to contempt of court constitutes this section.
Changes in phraseology and arrangement were made.
Editorial Notes
Amendments
2002—Pub. L. 107–273 inserted “or both,” after “fine or imprisonment,” in introductory provisions.
Credits
1948–2002 · 2 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 701
- 2002Pub. L. 107–273, div. B, title III, § 3002(a)(1), , 116 Stat. 1805.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 701; Pub. L. 107–273, div. B, title III, § 3002(a)(1), , 116 Stat. 1805.)