TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 21 - CONTEMPTS
HEAD
Sec. 401. Power of court
STATUTE
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 -
(1) Misbehavior of any person in its presence or so near
thereto as to obstruct the administration of justice;
(2) Misbehavior of any of its officers in their official
transactions;
(3) Disobedience or resistance to its lawful writ, process,
order, rule, decree, or command.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 701; Pub. L. 107-273, div. B,
title III, Sec. 3002(a)(1), Nov. 2, 2002, 116 Stat. 1805.)
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, Sec. 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.
AMENDMENTS
2002 - Pub. L. 107-273 inserted "or both," after "fine or
imprisonment," in introductory provisions.
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