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CITE

    18 USC Sec. 3237                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 211 - JURISDICTION AND VENUE

HEAD

    Sec. 3237. Offenses begun in one district and completed in another

STATUTE

      (a) 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.
      (b) 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.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 85-595, Aug. 6,
    1958, 72 Stat. 512; Pub. L. 89-713, Sec. 2, Nov. 2, 1966, 80 Stat.
    1108; Pub. L. 98-369, div. A, title I, Sec. 162, July 18, 1984, 98
    Stat. 697; Pub. L. 98-473, title II, Sec. 1204(a), Oct. 12, 1984,
    98 Stat. 2152; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
    2095.)

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, Sec. 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.

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.

AMENDMENTS

      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).
                     EFFECTIVE DATE OF 1966 AMENDMENT
      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.
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