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CITE

    18 USC Sec. 1544                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 75 - PASSPORTS AND VISAS

HEAD

    Sec. 1544. Misuse of passport

STATUTE

      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.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 771; Pub. L. 103-322, title XIII,
    Sec. 130009(a)(2), title XXXIII, Sec. 330016(1)(I), Sept. 13, 1994,
    108 Stat. 2030, 2147; Pub. L. 104-208, div. C, title II, Sec.
    211(a)(2), Sept. 30, 1996, 110 Stat. 3009-569; Pub. L. 107-273,
    div. B, title IV, Sec. 4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.)

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, Sec. 3,
    40 Stat. 227; Mar. 28, 1940, ch. 72, Sec. 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.
                                AMENDMENTS
      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, Sec. 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, Sec. 130009(a)(2). See below.
      Pub. L. 103-322, Sec. 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.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      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.