TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 75 - PASSPORTS AND VISAS
HEAD
Sec. 1542. False statement in application and use of passport
STATUTE
Whoever willfully and knowingly makes any false statement in an
application for passport with intent to induce or secure the
issuance of a passport under the authority of the United States,
either for his own use or the use of another, contrary to the laws
regulating the issuance of passports or the rules prescribed
pursuant to such laws; or
Whoever willfully and knowingly uses or attempts to use, or
furnishes to another for use any passport the issue of which was
secured in any way by reason of any false statement -
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 220 of title 22, U.S.C., 1940 ed., Foreign
Relations and Intercourse (June 15, 1917, ch. 30, title IX, Sec. 2,
40 Stat. 227; Mar. 28, 1940, ch. 72, Sec. 7, 54 Stat. 80).
Mandatory-punishment provision was rephrased in the alternative.
Punishment of five years' imprisonment was substituted for "ten
years" to conform with other sections embracing offenses of
comparable gravity.
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.
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