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CITE

    18 USC Sec. 1505                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 73 - OBSTRUCTION OF JUSTICE

HEAD

    Sec. 1505. Obstruction of proceedings before departments, agencies,
      and committees

STATUTE

      Whoever, with intent to avoid, evade, prevent, or obstruct
    compliance, in whole or in part, with any civil investigative
    demand duly and properly made under the Antitrust Civil Process
    Act, willfully withholds, misrepresents, removes from any place,
    conceals, covers up, destroys, mutilates, alters, or by other means
    falsifies any documentary material, answers to written
    interrogatories, or oral testimony, which is the subject of such
    demand; or attempts to do so or solicits another to do so; or
      Whoever corruptly, or by threats or force, or by any threatening
    letter or communication influences, obstructs, or impedes or
    endeavors to influence, obstruct, or impede the due and proper
    administration of the law under which any pending proceeding is
    being had before any department or agency of the United States, or
    the due and proper exercise of the power of inquiry under which any
    inquiry or investigation is being had by either House, or any
    committee of either House or any joint committee of the Congress -
      Shall be fined under this title, imprisoned not more than 5 years
    or, if the offense involves international or domestic terrorism (as
    defined in section 2331), imprisoned not more than 8 years, or
    both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 87-664, Sec. 6(a),
    Sept. 19, 1962, 76 Stat. 551; Pub. L. 91-452, title IX, Sec. 903,
    Oct. 15, 1970, 84 Stat. 947; Pub. L. 94-435, title I, Sec. 105,
    Sept. 30, 1976, 90 Stat. 1389; Pub. L. 97-291, Sec. 4(d), Oct. 12,
    1982, 96 Stat. 1253; Pub. L. 103-322, title XXXIII, Sec.
    330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 108-458,
    title VI, Sec. 6703(a), Dec. 17, 2004, 118 Stat. 3766.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 241a, (Mar. 4, 1909,
    ch. 321, Sec. 135a, as added Jan. 13, 1940, ch. 1, 54 Stat. 13;
    June 8, 1945, ch. 178, Sec. 2, 59 Stat. 234).
      Word "agency" was substituted for the words "independent
    establishment, board, commission" in two instances to eliminate any
    possible ambiguity as to scope of section. (See definitive section
    6 of this title.)
      Minor changes were made in phraseology.

REFERENCES IN TEXT

      The Antitrust Civil Process Act, referred to in text, is Pub. L.
    87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which is
    classified generally to chapter 34 (Sec. 1311 et seq.) of Title 15,
    Commerce and Trade. For complete classification of this Act to the
    Code, see Short Title note set out under section 1311 of Title 15
    and Tables.

AMENDMENTS

      2004 - Pub. L. 108-458, which directed amendment of the third
    undesignated paragraph of this section by substituting "be fined
    under this title, imprisoned not more than 5 years or, if the
    offense involves international or domestic terrorism (as defined in
    section 2331), imprisoned not more than 8 years, or both" for "be
    fined under this title or imprisoned not more than 5 years, or
    both", was executed by making the substitution for "be fined under
    this title or imprisoned not more than five years, or both", to
    reflect the probable intent of Congress.
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000" in last par.
      1982 - Pub. L. 97-291 struck out first two paragraphs which
    provided, respectively, that whoever corruptly, or by threats or
    force, or by any threatening letter or communication, endeavored to
    influence, intimidate, or impede any witness in any proceeding
    pending before any department or agency of the United States, or in
    connection with any inquiry or investigation being had by either
    House, or any committee of either House, or any joint committee of
    the Congress, and whoever injured any party or witness in his
    person or property on account of his attending or having attended
    such proceeding, inquiry, or investigation, or on account of his
    testifying or having testified to any matter pending therein, would
    be subject to the penalty set forth in the last paragraph, and in
    the fourth paragraph substituted "any pending" for "such" after
    "law under which", and substituted "any" for "such" before
    "department" and before "inquiry".
      1976 - Pub. L. 94-435 struck out "section 1968 of this title"
    after "Antitrust Civil Process Act", inserted "withholds,
    misrepresents" after "willfully", "covers up" after "conceals",
    "answers to written interrogatories, or oral testimony", after "any
    documentary material", and "or attempts to do so or solicits
    another to do so;" after "such demand".
      1970 - Pub. L. 91-452 inserted reference to section 1968 of this
    title.
      1962 - Pub. L. 87-664 substituted section catchline "Obstruction
    of proceedings before departments, agencies, and committees" for
    "Influencing or injuring witness before agencies and committees"
    and punished the willful removal, concealment, destruction,
    mutilation, alteration or falsification of documents which were the
    subject of a demand under the Antitrust Civil Process Act if done
    with the intent to prevent compliance with a civil investigative
    demand.
                     EFFECTIVE DATE OF 1982 AMENDMENT
      Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section
    9(a) of Pub. L. 97-291, set out as an Effective Date note under
    section 1512 of this title.
                     EFFECTIVE DATE OF 1976 AMENDMENT
      Amendment by Pub. L. 94-435 effective Sept. 30, 1976, see section
    106 of Pub. L. 94-435, set out as a note under section 1311 of
    Title 15, Commerce and Trade.
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