Definitions for certain provisions; general provision

  1. Law
  2. USC 18
  3. Crimes And Criminal Procedure
  4. CRIMES
  5. OBSTRUCTION OF JUSTICE
  6. Definitions for certain provisions; general provision

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§1515. Definitions for certain provisions; general provision

(a) As used in sections 1512 and 1513 of this title and in this section-

(1) the term "official proceeding" means-

(A) a proceeding before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury;

(B) a proceeding before the Congress;

(C) a proceeding before a Federal Government agency which is authorized by law; or

(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce;


(2) the term "physical force" means physical action against another, and includes confinement;

(3) the term "misleading conduct" means-

(A) knowingly making a false statement;

(B) intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact, and thereby creating a false impression by such statement;

(C) with intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;

(D) with intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or

(E) knowingly using a trick, scheme, or device with intent to mislead;


(4) the term "law enforcement officer" means an officer or employee of the Federal Government, or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant-

(A) authorized under law to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or

(B) serving as a probation or pretrial services officer under this title;


(5) the term "bodily injury" means-

(A) a cut, abrasion, bruise, burn, or disfigurement;

(B) physical pain;

(C) illness;

(D) impairment of the function of a bodily member, organ, or mental faculty; or

(E) any other injury to the body, no matter how temporary; and


(6) the term "corruptly persuades" does not include conduct which would be misleading conduct but for a lack of a state of mind.


(b) As used in section 1505, the term "corruptly" means acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information.

(c) This chapter does not prohibit or punish the providing of lawful, bona fide, legal representation services in connection with or anticipation of an official proceeding.

(Added Pub. L. 97–291, §4(a), Oct. 12, 1982, 96 Stat. 1252 ; amended Pub. L. 99–646, §50(b), Nov. 10, 1986, 100 Stat. 3605 ; Pub. L. 100–690, title VII, §7029(b), (d), Nov. 18, 1988, 102 Stat. 4398 ; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117 ; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516 ; Pub. L. 103–322, title XXXII, §320604(a), Sept. 13, 1994, 108 Stat. 2118 ; Pub. L. 104–292, §3, Oct. 11, 1996, 110 Stat. 3460 ; Pub. L. 104–294, title VI, §604(b)(39), Oct. 11, 1996, 110 Stat. 3509 .)


Editorial Notes

Amendments

1996-Subsec. (a)(1)(D). Pub. L. 104–294 struck out "or" after semicolon at end.

Subsecs. (b), (c). Pub. L. 104–292 added subsec. (b) and redesignated former subsec. (b) as (c).

1994-Subsec. (a)(1)(D). Pub. L. 103–322 added subpar. (D).

1992-Subsec. (a)(1)(A). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".

1988-Subsec. (a)(1)(A). Pub. L. 100–690, §7029(b), inserted "a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Claims Court," after "bankruptcy judge,".

Subsec. (a)(6). Pub. L. 100–690, §7029(d), added par. (6).

1986-Pub. L. 99–646 inserted "; general provision" in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).


Statutory Notes and Related Subsidiaries

Change of Name

"United States magistrate judge" substituted for "United States magistrate" in subsec. (a)(1)(A) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date

Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as a note under section 1512 of this title.


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