Shall be fined under this title or imprisoned not more than five years, or both. Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.
Whoever knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum)—June 25, 1948, ch. 64562 Stat. 752Pub. L. 103–322, title XXXIII, § 330016(1)(K)108 Stat. 2147Pub. L. 104–208, div. C, title II, § 215110 Stat. 3009–572Pub. L. 106–395, title II, § 201(d)(2)114 Stat. 1635(, ; , , ; , , ; , , .)
Historical and Revision Notes
lsection 746 of title 8Oct. 14, 1940, ch. 876, § 346(a)l45 Stat. 1163Based on subsections (a), paragraphs (1), (16), (17), (19), (32), (b), (d), and () of , U.S.C., 1940 ed., Aliens and Nationality (, pars. (1), (16), (17), (19), (32), (b), (d), and (), , 1165, 1167).
lsection 746 of title 8Section consolidates, with minor changes, subsection (a), paragraphs (1), (16), (17), (19), (32), and subsections (b), (d), and (), of , U.S.C., 1940 ed., Aliens and Nationality.
Such changes of arrangement and phraseology were made as were appropriate and necessary.
Editorial Notes
Amendments
Pub. L. 106–3952000— inserted at end of concluding provisions “Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.”
Pub. L. 104–2081996—Subsecs. (e), (f). added subsecs. (e) and (f).
Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $5,000” in concluding par.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Pub. L. 106–395Pub. L. 104–208section 201(d)(3) of Pub. L. 106–395section 611 of this titleAmendment by effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, div. C of , and applicable to an alien prosecuted on or after , except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before , see , set out as a note under .