Source
(June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 85–595, Aug. 6, 1958, 72 Stat. 512; Pub. L. 89–713, § 2, Nov. 2, 1966, 80 Stat. 1108; Pub. L. 98–369, div. A, title I, § 162, July 18, 1984, 98 Stat. 697; Pub. L. 98–473, title II, § 1204(a), Oct. 12, 1984, 98 Stat. 2152; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
Historical and Revision Notes
Based on section
103 of title
28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 42,
36 Stat. 1100).
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.
The 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 United States v. Johnson, 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.
References in Text
Section 7203 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section
7203 of Title
26, 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
1986—Subsec. (b).
Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1984—Subsec. (a).
Pub. L. 98–473 inserted “or the importation of an object or person into the United States” and “, or imported object or person” in second par.
Subsec. (b).
Pub. L. 98–369 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”.
1966—Subsec. (b).
Pub. L. 89–713 inserted reference to offenses described in section 7203 of the Internal Revenue Code of 1954.
1958—
Pub. L. 85–595 designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date of 1966 Amendment
Amendment by
Pub. L. 89–713 effective Nov. 2, 1966, see section 6 of
Pub. L. 89–713, set out as a note under section
6091 of Title
26, Internal Revenue Code.