"Title 18 of the United States Code shall be entitled "Federal Crim

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inal Code" and may be cited as "18 U.S.C. §

-" or as "Federal Crim

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"The purpose of this code is to establish justice in the context of a federal system so that the nation and its people may be secure in their persons, property, relationships, and other interests.

"This code aims at the articulation of the nation's fundamental system of public values and its vindication through the imposition of merited punishment.

"This code seeks to promote the general security through deterrence by giving due notice of the offenses and sanctions prescribed by law, and where this proves ineffective, by the rehabilitation of the corrigible offender or the appropriate incapacitation of the incorrigible offender.

❝8 1-1A3. Principle of Legality; Rule of Construction

"This code rests on the fundamental principle that no person ought to be found guilty of an offense and subjected to punishment unless his conduct and its accompanying culpability was prohibited by law. "The code shall be construed in light of this principle as a whole 24 according to the fair import of its terms to achieve its general pur

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"As used in this code, unless it is otherwise provided or a different meaning plainly is required:

"(1) 'accomplice' means a person who is in complicity with another person within the meaning of section 1-2A6;

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"(2) 'act' or 'action' means a bodily effort or movement. The following are not acts: (i) a reflex or convulsion; (ii) a bodily movement during unconsciousness or sleep; (iii) conduct during hypnosis or resulting from hypnotic suggestion; or (iv) a bodily movement that otherwise is not a product of the effort or determination of a human being, either conscious or habitual;

"(3) 'affects commerce jurisdiction of the United States' means the offense affects, directly or indirectly, interstate commerce or foreign commerce;

"(4) 'aids' includes assists, commands, induces, procures, encourages, or counsels;

"(5) 'agent' includes a representative, officer, agent, or employee or, in the case of an organization, a partner, director, officer, servant, employee, or other person authorized to act in behalf of the organization or, in the case of a nation, a subject or citizen; "(6) 'attempt' has the meaning prescribed in section 1-2A4; "(7) attorney for the government' means the Attorney General, an authorized assistant of the Attorney General, a United States Attorney, or an authorized assistant of a United States Attorney; 'Attorney General' means the Attorney General of the United States, the Deputy Attorney General, or any Assistant Attorney General;

"(8) 'benefit' means any gain or advantage to the person and includes any gain or advantage to a person other than such person; 'pecuniary benefit' means a benefit in the form of money, tangible or intangible property, commercial interests or anything else the primary significance of which is economic gain;

"(9) 'bodily injury' means physical pain, physical illness, or any impairment of physical condition;

"(10) 'co-conspirator' means a person who conspires with another person, within the meaning of section 1-2A5;

"(11) 'code' or 'this code' means the Federal Criminal Code; 'section' or 'chapter' refers to a section or chapter of this code; "(12) 'commerce jurisdiction of the United States' means (i) the property which is the subject of the offense is moved or is moving in interstate or foreign commerce; (ii) movement of any person across a state or United States boundary occurs in the commission of or immediate flight from commission of the offense; or (iii) the offense is against or involves the use of a transportation,

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communication, or power facility of interstate or foreign

commerce;

"(13) 'conduct' means an action, possession, or omission, or a series of acts, possessions, or omissions;

“(14) ‘conspire' has the meaning prescribed in section 1-2A5; “(15) 'correctional facility' includes penal correctional institutions, penitentiaries, reformatories, jails, camps, youth and juvenile facilities, industries, hospitals for delinquents and offenders, narcotic treatment facilities, drug abuse, alcoholism, and community treatment centers and programs;

*(16) 'court' means court of the United States; 'court of the United States' means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under chapter 5, title 28, United States Code, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Claims, the United States Court of Customs and Patent Appeals, the Tax Court of the United States, the Customs Court, and the Court of Military Appeals;

"(17) 'crime' means a misdemeanor or a felony; 'criminal' or 'criminally' refers to any offense;

"(18) 'criminal negligence' and variants of the term designate the standard prescribed in section 1–2A1;

“(19) 'culpable' or 'culpability' has the meaning prescribed in section 1-2A1;

"(20) 'dangerous weapon' means any firearm or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner in which it is used or is intended to be used is capable of producing death or serious bodily injury;

"(21) 'deadly force' means force which a person uses with the intent of causing, or which he knows to create a substantial risk of causing, death or serious bodily injury. Recklessly firing a firearm or hurling a destructive device in the direction of another person or at a moving vehicle constitutes deadly force. A threat to cause death or serious bodily injury does not constitute deadly force, so long as the person's intent is limited to creating an apprehension that he will use deadly force if necessary;

"(22) 'destructive device' includes any explosive, incendiary or poison gas bomb, grenade, mine, rocket, missile, or similar device; “(23) ‘element of an offense' means, as specified in the definition

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of the offense or its grading, (i) the conduct, (ii) the attendant circumstances, (iii) the culpability, and (iv) the result;

"(24) 'Federal property jurisdiction of the United States' means the property which is the subject of the offense is owned by or in the custody or control of the United States or is being manufactured, constructed, or stored for the United States;

"(25) 'Federal public servant jurisdiction of the United States' means the victim of the offense or the defendant or an accomplice is a Federal public servant engaged in the performance of his official duties or victimized because of his official duties; "(26) 'felony' means an offense for which a sentence to a term of imprisonment of one year or more is authorized;

“(27) ‘financial institution' means:

"(i) a bank the deposits of which are insured by Federal Deposit Insurance Corporation;

"(ii) a member, as defined in section 2 of the Federal Home Loan Bank Act, as amended (12 U.S.C. 1422) of the Federal home loan bank system, and any Federal home loan bank;

“(iii) an institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation;

"(iv) a credit union the accounts of which are insured by the Administrator of the National Credit Union Act, as amended (12 U.S.C. 1751 et seq.); or

"(v) a bank, banking association, land bank, intermediate credit bank, bank for cooperatives production credit association, mortgage associations, mortgage corporation, trust company, savings bank, or other banking or financial institution organized or operating under Federal statute or a rule, regulation, or order issued under such statute;

"(28) 'financial institution jurisdiction of the United States' means the property which is the subject of the offense is owned by or in the custody of a financial institution;

“(29) 'firearm' means any weapon which will expel, or is readily capable of expelling, a projectile by the action of an explosive and includes any such weapon, loaded or unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun. bazooka, or cannon;

"(30) 'force' means physical action, threat, or menace against another, including confinement;

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"(31) 'foreign commerce' means commerce with a foreign coun

try;

“(32) ‘foreign official' means an official of a foreign government of a character which is customarily accredited as such to the United States, the United Nations, or the Organization of American States, and includes diplomatic and consular officials;

"(33) 'goverment' means (i) the government of the United States or any political unit within the United States; (ii) any agency, subdivision, or department of the United States or such political unit, including the executive, legislative, and judicial branches; (iii) any corporation or other association organized by a government for the execution of a government program and subject to control by a government; or (iv) any corporation or agency established under an interstate compact or international treaty;

"(34) 'government agency' includes any department, independent establishment, commission, administration, authority, board, or bureau of a government or any corporation controlled by a government;

"(35) 'high public servant' means the President of the United States, the President-Elect, the Vice President or, if there is no Vice President, the officer next in the order of succession to the office of President of the United States, the Vice President-Elect, any person who is acting as President under the Constitution and laws of the United States, a candidate for President or Vice President, any member or member-designate of the President's cabinet, a Member of Congress or a candidate for Congress, a Federal judge or a nominee for a Federal judgeship, a holder of an office for which confirmation by the United States Senate is required other than the holder of a military commission, a foreign official, or a citizen of a foreign nation who is present in the United States for a limited period and who is designated by the Secretary of State as an official guest of the United States;

"(36) 'high public servant jurisdiction of the United States' means the victim of the offense is a high public servant or a mem ber of the immediate family of such person;

“(37) 'human being' means a person who has been born and is alive;

"(38) 'included offense' means (i) an offense which is specifically designated as such in connection with the definition of an offense;