Any offense involving the use of the mails, transportation in interstate or foreign commerce, or the importation of an object or person into the United States is a continuing offense and, except as otherwise expressly provided by enactment of Congress, may be inquired of and prosecuted in any district from, through, or into which such commerce, mail matter, or imported object or person moves.
Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.June 25, 1948, ch. 64562 Stat. 826Pub. L. 85–59572 Stat. 512Pub. L. 89–713, § 280 Stat. 1108Pub. L. 98–369, div. A, title I, § 16298 Stat. 697Pub. L. 98–473, title II, § 1204(a)98 Stat. 2152Pub. L. 99–514, § 2100 Stat. 2095(, ; , , ; , , ; , , ; , , ; , , .)
Historical and Revision Notes
section 103 of title 28Mar. 3, 1911, ch. 231, § 4236 Stat. 1100Based on , U.S.C., 1940 ed., Judicial Code and Judiciary (, ).
Section was completely rewritten to clarify legislative intent and in order to omit special venue provisions from many sections.
The phrase “committed in more than one district” may be comprehensive enough to include “begun in one district and completed in another”, but the use of both expressions precludes any doubt as to legislative intent.
Rules 18–22 of the Federal Rules of Criminal Procedure are in accord with this section.
United States v. JohnsonThe last paragraph of the revised section was added to meet the situation created by the decision of the Supreme Court of the United States in , 1944, 65 S. Ct. 249, 89 L. Ed. 236, which turned on the absence of a special venue provision in the Dentures Act, section 1821 of this revision. The revised section removes all doubt as to the venue of continuing offenses and makes unnecessary special venue provisions except in cases where Congress desires to restrict the prosecution of offenses to particular districts as in section 1073 of this revision.
Editorial Notes
References in Text
section 7203 of Title 26Section 7203 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to , Internal Revenue Code.
Section 7201 or 7206(1), (2), or (5) of such Code, referred to in subsec. (b), are classified respectively to sections 7201 and 7206(1), (2), (5) of Title 26.
Amendments
Pub. L. 99–5141986—Subsec. (b). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Pub. L. 98–4731984—Subsec. (a). inserted “or the importation of an object or person into the United States” and “, or imported object or person” in second par.
Pub. L. 98–369Subsec. (b). substituted “venue for prosecution of an offense” for “an offense involves use of the mails and is an offense” and inserted “is based solely on a mailing to the Internal Revenue Service”.
Pub. L. 89–7131966—Subsec. (b). inserted reference to offenses described in section 7203 of the Internal Revenue Code of 1954.
Pub. L. 85–5951958— designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1966 Amendment
Pub. L. 89–713section 6 of Pub. L. 89–713section 6091 of Title 26Amendment by effective , see , set out as a note under , Internal Revenue Code.