Assistant Federal Defender Western District of Oklahoma Oklahoma City, Oklahoma
Nobody! We all have plenty of clients who do not seem to mind picking up their second or third or twelfth felony. However, nobody wants to suffer that first felony conviction. The felony conviction is a stigma. It generally connotes a loss of freedom. It deprives one of valuable rights. The losses are enumerable . For each individual, it may mean something different. For everyone, it has a negative meaning.
When I received the call asking whether I would be willing to do a presentation on misdemeanors, I thought, “No problem.” In nineteen years, I have handled my share of misdemeanors. As a Special Municipal Judge for the City of Oklahoma City, I disposed of hundreds of misdemeanors, including one direct contempt of court that my best friend reminded me of recently. But, that is another story.
My biggest fear regarding the upcoming presentation was how would I make it interesting. Having been a part of one of these audiences on more than one occasion, I was strongly cognizant of the fact that I would be playing to a tough crowd, not a hostile audience, but certainly one that could not be taken lightly. So where was I to go? War Stories? No, everybody has them. A primer in handling misdemeanors? No, too basic. After mulling over the
premise for several days, I finally broke down and began to ask around.
One of my compatriots down the hall suggested, “Hey, how about a list
of all the federal misdemeanors. Don’t we get ‘help-desk’ E-mail from time to
time asking the question, ‘Does anyone know of a misdemeanor for yada,
yadav, yadav?’.”
That comment caused me to search the E-mail “Help-desk” archives.
Sure enough, there were several specific inquiries. They read something like....
Subject: Misdemeanor for False Statement? Date: 8/12/99 2:13 PM
Does anyone know of a misdemeanor alternative to 18 U.S.C. 1001? The facts are the client lied to the FBI about being kidnapped. Thanks for any suggestions.
Or;
Subject: Misdemeanor for internet death threats Date: 1/22/99 4:25 PM
I have a client who is accused of sending death threats over the internet, in violation of 18 U.S.C. § 875(c). He had stock in a start up computer company, which went up and up and then tanked. he suspected foul play on the part of the directors and allegedly sent very explicit death threats several times to the directors he felt were responsible. The e-mails threatened a .22 slug in the brain if the stock did not reach a certain price by a certain date. Ah silicon valley! The prosecutor has said he would settle for a misdemeanor if I could find one for which a factual basis could be established. Does anyone have any ideas?
And;
Subject: Find me a misdemeanor . . . Date: 12/15/98 2:54 PM
A Dr. who worked in an AIDS research project was subpoenaed before a Grand Jury in a Health Fraud Investigation. He appeared on several occasions before the Grand Jury and after being de-briefed by the FBI and an Assistant US Attorney, he was assigned to our office for legal representation and advise. By this time, he had been convinced him that his best effort was to be directed at cooperating with the authorities. The specter of an indictment loomed in his shadow. Because the information he gave was so good, the benevolent prosecutors decided to permit him to plead to a misdemeanor that would not affect his profession. As you might imagine he cannot be convicted of a felony. Please help me find something he can plead to, that is a misdemeanor or less, which might be in some way related to the circumstances of this factual scenario. Facts: Under pressure form his boss, he helped write as part of the research project, a justification for funds expended which included false info... Any ideas?
Finally;
Subject: Misdemeanor in Check-Cashing Cash Date: 4/19/99 11:44 AM
I have a client who has received a target letter alleging she violated 18 U.S.C. Sections 472 (counterfeit securities) and 1344 (bank fraud). She allegedly was involved in (what I understand) is a not uncommon New York scheme whereby men recruit women to deposit bad checks into their own accounts in small branches of banks out of state, and then withdraw the money. My client allegedly deposited one check for $36,000, withdrew it, and got $14,000 for her trouble. She also allegedly "recruited" (in the government's characterization) friends of hers to do likewise. My client is willing to cooperate, and to try to lead the Secret Service to the men in New York who are getting the checks. They, in turn, should be able to give the Service the person inside the company who is funneling them the checks or the means to counterfeit them, and also to conceal the scam from the company. My client does not want to go to jail, but the AUSA is going to insist on a plea--to something. Can anyone suggest an arguably available misdemeanor I could offer up?
Do these inquiries sound familiar? Have you had one of those cases
where you and your client would have done almost anything to turn a felony
into a misdemeanor? Maybe you have had a case (or several) that made you want to send out a nationwide “Help!” broadcast. My advice: Just do it! It can not hurt and you just might get a response that solves your problem or stirs your creative juices enough for you to solve it yourself.
Those E-mails initiated a string of E-mail to the original authors. “Did you ever find the misdemeanor you were looking for?” Unfortunately, the responses were all negative. However, there was a shining light. Lisa Hay, in Portland, wrote back, saying she had heard that Fred Kay in Arizona had a “list of federal misdemeanors.” Pay dirt!
Immediately, an E-mail went out to Fred Kay. “I'm working on a seminar presentation on misdemeanors. I've heard thru the grapevine that you had an old list. If that's true, could you, would you E-mail or fax it to me for updating and inclusion in the seminar materials, with the appropriate credits going to you, of course. After all, why re-invent the wheel?”
Fred came through and sent me his list. He was careful to send it with a caveat . . . “I have had these for years and may have sent hard copies to your offices in years past. The lists are probably quite dated but nevertheless are useful in trying to find a lesser included or related offense.”
“Quite dated” was an understatement. While reviewing the list, it became obvious the list originated in the late seventies or early eighties, possibly predating my own admission to the bar. Some of the statutes cited were repealed many years ago. Despite these obvious shortcomings, the list proved invaluable, so a basketful of kudos go out to Fred and whoever he got the list from.
Attempting to bring the list up to date proved to be a monumental undertaking. Appendix A, the misdemeanor offenses are relatively accurate. It should be noted that they include some fine only misdemeanors, some civil penalties and some two year felonies which may be worth looking into if your facts fit a plea to “accessory after the fact.” These lists are offered as a starting point only. All authorities presented herein, or orally during presentation, should be independently researched when dealing with any specific problem or issue.
Anyone who notices a needed corrections, is invited, no, encouraged, to do so, and credit will be given where credit is due. E-mail me and I will send you the WordPerfect© version of the list or add your suggestions to the materials.
Now, with list in hand, I was ready to embark on the preparation of materials. The first draft of the materials was in the works. Proudly, I banged out a few pages and a rough outline. The “lists” were a prominent feature. I gave it to a colleague to read. “Be honest. I wouldn’t expect less.”
Sometimes the truth hurts. My biggest fear was realized. Trying not to hurt my feelings, she wrote back, “It’s kind of boring. Don’t you think?” She was right. “Kind of” was an understatement.
So, maybe I needed smoke and mirrors, a little magic, some pizzazz. One day, while I was sitting at my desk fretting, our Computer System Administrator walked in and asked, “Waz up?”
“I need help with a presentation.” I looked at the Draft Agenda and repeated slowly, “Misdemeanors: What are they and how do we get them?”
Are we all familiar with that “Well? Duh!” look? That is exactly what I got. As if I had asked the simplest question, he answered, “Anything that’s not a felony.”
In that moment, it started to come to me. He was absolutely right. It was elementary. Start with the “What are they?” question and roll with it. Here goes.
Many years ago, Congress defined a “felony” in one sentence: Not withstanding any Act of Congress to the contrary, any offense punishable by death or imprisonment for a term exceeding one year is a felony. [18 U.S.C.
§1(1), Repealed, October 12, 1984]. Our C.S.A. was right. “Any other offense is a misdemeanor.” [18 U.S.C. § 1(2), Repealed, October 12, 1984]. Well, almost. Any misdemeanor, the penalty for which does not exceed imprisonment for a period of six months or a fine of not more than $5,0001, or both, is a petty offense. [18 U.S.C. § 1(3), Repealed, October 12, 1984].
Okay. What is a petty offense? The term “petty offense” means a Class B Misdemeanor, a Class C Misdemeanor, or an Infraction. 18 U.S.C. § 19.
The new classification of offenses are set forth in 18 U.S.C. §§ 3559, 3571 and 3581. A Class A misdemeanor is an offense punishable by imprisonment of at least six months and one day but not more than one year. 18 U.S.C. §§ 3559(a)(6) and 3581(b)(6). If the Class A misdemeanor results in death the authorized fine is up to $250,000.00. Otherwise, the fine shall not exceed $100,000.00. 18 U.S.C. §3571(b)(4 & 5). A Class B misdemeanor is an offense punishable by imprisonment of at least thirty one days but not more than six months. 18 U.S.C. §§ 3559(a)(7) and 3581(b)(7). A Class C misdemeanor is an offense punishable by imprisonment of at least six days but not more than thirty days. 18 U.S.C. §§ 3559(a)(8) and 3581(b)(8). As long as the Class B or C misdemeanor did not result in death, the maximum fine is $5,000.00. 18 U.S.C. § 3571(6). An infraction is an offense punishable by imprisonment of five days or less. 18 U.S.C. §§ 3559(a)(9) and 3581(b)(9). The maximum fine for an infraction is $5,000.00. 18 U.S.C. § 3571(7).
Be aware of the consequences of willfully failing to pay a fine or restitution order. If a defendant knowing fails to pay a delinquent fine or restitution order, the Court may resentence the defendant to any sentence which might have been imposed originally. 18 U.S.C. § 3614.
Besides the obvious differences in terms of imprisonment and the potential fines, what are some of the other differences between felonies and misdemeanors?
A sentence for an offense punishable by imprisonment for one year or less shall not be served in a penitentiary without the consent of the defendant. 18 U.S.C. § 4083. There are also security classification issues relating to imprisonment on a misdemeanor. You will find these in the Bureau of Prisons Designation Manual. If you do not have copy of the manual, you can download it from the Bureau’s website, www.bop.gov .
A person convicted of a misdemeanor is never, as far as I have determined, precluded from receiving a probationary sentence. 18 U.S.C. § 3561. The maximum authorized term of probation for a misdemeanor for both felonies and misdemeanors is five years. The maximum term of probation for an infraction is one year. 18 U.S.C. § 3561(c).
The probation laws are applicable to misdemeanors. The Court has the power to grant probation and to revoke, modify, or reinstate the probation of any person granted probation on a misdemeanor offense. 18 U.S.C. § 3401(d).
If a defendant violates a condition of probation at any time prior to the expiration or termination of the term of probation, the Court may, after a hearing pursuant to Rule 32.1, of the Federal Rules of Criminal Procedure, and after considering the factors set forth in 18 U.S.C. § 3553(a), continue the probation, extend the term, modify or enlarge the conditions, or revoke the probation. If the Court revokes the term of probation and resentences the defendant, the court is limited to maximum punishment which could have been imposed originally. 18 U.S.C. § 3565.
An issue under this section arose recently in our district. A defendant pleaded guilty to a Class C misdemeanor. The maximum punishment under the assimilated state statute provided for a fine up to $500.00 and imprisonment of not more than 30 days. The defendant was sentenced to one year probation. The defendant violated his conditions. (Of course, or why would I be relating the story.) The magistrate judge modified the probation and ordered the defendant to confinement in a halfway house for a period of ninety days. The question presented is whether the enlarged condition is reasonable. It appears the Court has the authority to require a defendant to “reside at, or participate in the program, of a community corrections facility (including a facility maintained or under contract to the Bureau of Prisons) for all or part of the term of probation.” The argument against this modification is that the condition is not reasonably related to the factors set forth in 18 U.S.C. 3553(a)(1) and (a)(2) and that the length of the community confinement involves a deprivation of liberty which is not reasonably necessary for the purposes indicated in 18 U.S.C. § 3553(a)(2).
On a special note, have you ever seen a person placed on federal probation for one year without having a judgment entered? Title 18 U.S.C. § 3607, allows the Court to place a person charged 21 U.S.C. § 844, with first offense simple possession of a controlled substance, on probation for one year and if the person successfully completes the probationary term, the Court can dismiss the charge without entering a judgment of conviction. Even better, the record can be expunged. 18 U.S.C. § 3607(c).
The maximum authorized term of supervised release for a misdemeanor (other than a petty offense), is not more than one year. 18 U.S.C. § 3583 (b)(3). If at least one year of imprisonment is ordered, the Court must also impose a term of supervised release. Class B and C misdemeanors are treated
differently. If the Court imposes a sentence of imprisonment on a Class B or C misdemeanor, it can not impose a term of supervised release. 18 U.S.C. §3583(b)(3).
The Court has the power to revoke, modify, or terminate the supervised release of any person sentenced to a term of supervised release on a misdemeanor conviction. 18 U.S.C. § 3401(h). It is possible for a person convicted of a Class A misdemeanor to serve an initial term of imprisonment of one year and then if the supervised release is revoked to serve an additional term of one year imprisonment. 18 U.S.C. § 3583(e)(3).
The special assessment for a Class A misdemeanor is $25.00. The special assessment for a Class B misdemeanor is $10.00. The special assessment for a Class C misdemeanor is $5.00. 18 U.S.C. § 3013.
Let us not forget how misdemeanors affect future “Criminal History.” Hey! You got a misdemeanor! Don’t be getting any more points. If they simply paid the collateral forfeiture, there would not be any points to worry about. For more information on this subject review Chapter Four of the United States Sentencing Guidelines.
A felony conviction may deprive a person of valuable civil rights including the right to vote, the right to hold public office, the right to serve on a jury, the right to possess any kind of firearm, destructive device or ammunition, and may result in ineligibility for certain government benefits and assistance. There may be immigration and deportation consequences. Specifically, examine the denial of some or all federal benefits Up to one year for a misdemeanor rather than five years for a felony. 18 U.S.C. §§ 862 & 862a.
Enough on the “what are they” subject. Now, how do we get them.
I can not say enough about the necessity of creativity. Do not expect your prosecutors to do your work or even help you with it. The Appendices will prove to be important aids.
Starting with the premise that for every plea of guilty, the Court must be satisfied there is a factual basis for the plea, it becomes necessary to manipulate the facts. In other words, look at the elements of the offense of the government’s original case and then examine which of those elements can be left out, softened or simply fit some other offense. Leave out the aggravating elements. Be creative.
Here are some examples:
Again, it is worth saying, be creative!
Where do you find the misdemeanors? A good computer assisted research query is a good start. Try, for example, your elements (not the government’s) and “less than $1,000.”
Once you have found the offense you are looking for, how do you sell the prosecutor? Remember what was said about the prosecutor not doing the work for you? How about the logistics of avoiding a trial? That seems to work for some reason. Otherwise, I tend to go for begging, pleading, groveling and supplication. Not to mention, waiving rights, such as appeals. Prosecutors love that one. I am willing to give up a lot to avoid that felony conviction. Your clients will be too.
Will it work for all clients? Probably not. You may want to be selective. For example, pleading a felony to a misdemeanor works quite well in the case of a first offender. It also is a great way to avoid loss of your client’s professional license. You may even find a prosecutor who is willing to reward his or her favorite snitch. Would your drug client be willing to give three counts of 21 U.S.C. 844 for a single count of 21 U.S.C. § 841(a)? I think so.
Get your creative juices flowing. Find that misdemeanor. Sell that prosecutor. Your client will be served well by your efforts. Live on the edge. If you are not living on the edge, you are taking up too much room.
A giant “Thank You” goes out to Sherri Katz, Research and Writing Specialist, Western District of Texas, Del Rio, Texas for her assistance in preparing the original presentation. Another “Thank You” to Sumter Camp, Assistant Federal Defender, Middle District of Tennessee, Nashville, Tennessee for reviewing the Misdemeanor list and updating
it in the Winter of 2000.
The following list of statutes originated from an “ancient” file the saved in Adobe Acrobat. The list was provided by Fred Kay, Federal Public Defender, District of Arizona. The age of the original document is unknown, but appeared to predate 1981. It was reformatted and updated in the Spring of 2000 by the author. It was reviewed and updated again by Sumter Camp, Assistant Federal Defender, Middle District of Tennessee in the Winter of 2000.
Title 2
2 U.S.C. § 167(a): (Library of Congress) - Public Use. 2 U.S.C. § 167(b): (Library of Congress) - Sale of articles; signs; solicitations. 2 U.S.C. § 167(c): (Library of Congress) - injuries to property (if does not exceed $100). 2 U.S.C. § 167(d): (Library of Congress) - Firearms or fireworks; speeches; objectionable language (if no damage which
exceeds $100). 2 U.S.C. § 167(e): (Library of Congress) - Parades or assemblages; display of flags (if no damage which exceeds $100). 2 U.S.C. § 167(f): (Library of Congress) - Additional regulations; publication. effective date (if does not exceed $100). 2 U.S.C. § 167(g): (Library of Congress) - prosecution and punishment of offenses. 2 U.S.C. § 390: (Contested elections) - Penalty for failure to appear, testify, or produce documents.
4 U.S.C. § 3: (District of Columbia) - Use of flag for advertising purposes; mutilation of flag.
Title 7
7 U.S.C. § 60: (Cotton standards) - Penalties for violations 7 U.S.C. § 86: (Grain standards) - Refusal of inspection and weighing services; civil penalties 7 U.S.C. § 136l(b)(1) & (2): (Pesticide control) - Penalties 7 U.S.C. § 150gg(a): (Plant Pests) - Criminal penalties (violations and altering and defacing documents). 7 U.S.C. § 163: (Nursery stock and other plants and plant products) -Violations; forgery, alterations, etc., of certificates;
punishment, civil penalty. 7 U.S.C. § 166: (Agriculture products in U.S. Mails) - transmission of mailed packages for State inspection. 7 U.S.C. § 203: (Registration of stockyard dealer or market agency) - penalty for failure to register. 7 U.S.C. § 207(g): (Packers and Stockyards) - Schedule of rates.
7 U.S.C. § 207(h): (Packers and Stockyards) - Schedule of rates; penalties. 7 U.S.C. § 215: (Packers and Stockyards) - Failure to obey orders; Punishment. 7 U.S.C. § 270: (Warehouses) (Fraud etc.) - Punishment for penalties. 7 U.S.C. § 282: (Honeybees) - Punishment for unlawful importation. 7 U.S.C. § 472: (Cotton Statistics and Estimates) - Information furnished of confidential character; penalty for divulging
information.
7 U.S.C. § 473: (Cotton Statistics and Estimates) - Persons required to furnish information; request; failure to furnish; false information. 7 U.S.C. § 473c-2: (Cotton Statistics and Estimates) - Offenses in relation to sampling of cotton for classification. 7 U.S.C. § 499(c): (Perishable Agricultural Commodities) (Licenses) - penalty for failure to obtain. 7 U.S.C. § 503: (Tobacco Statistics) - Reports necessity; by whom made, penalties. 7 U.S.C. § 511(k): (Tobacco inspection) - penalties. 7 U.S.C. § 620: (Agricultural Adjustment) - Falsely ascribing deductions or charges to taxes; penalty. 7 U.S.C. § 953: (Peanut Statistics) - Reports; by whom made; penalties. 7 U.S.C. § 1596: (Seeds: Foreign Commerce) - Penalties (As applied to first violation only; penalty of up to $2,000
thereafter. 7 U.S.C. § 1642(c): (Stabilization of International Wheat Market) - Enforcement by President - Penalty for violation.
Title 8
8 U.S.C. § 1221(d): Penalties against noncomplying shipments or aircraft (Aliens - entry and exclusions). $300.00 penalty for each person concerning whom list is not prepared. Penalty paid to the Commissioner. 8 U.S.C. § 1281(d): (Alien Crewman) - violations.
8 U.S.C. § 1282(c): (Alien Crewman) - conditional permits to land temporarily - penalties. 8 U.S.C. § 1284(a): Control of alien crewmen - penalties for failure. $3000.00 penalty paid to the Commissioner for each alien crewman with respect to which failure occurs.
8 U.S.C. §1285: Employment on passenger vessels of aliens with certain disabilities. 8 U.S.C. § 1286: Discharge of alien crewmen; penalties. 8 U.S.C. §1287: Alien crewmen brought into the United States with intent to evade immigration laws. 8 U.S.C. § 1304(e): Personal possession of registration or receipt card; penalties. Up to $1000.00 fine, and/or up to 30 days
imprisonment.
8 U.S.C. § 1306(a): (Aliens) - Willful failure to register. Penalty is up to $1,000.00 fine and/or up to 6 months imprisonment. 8 U.S.C. § 1306(b): (Aliens) - Failure to notify change of address. Penalty is up to $200.00 fine and/or up to 30 days
imprisonment. In addition, a conviction under this section can be cause for removal under Title 8, Chapter 4. 8 U.S.C. § 1306(c): (Aliens) - Fraudulent statements. Penalty is up to $1,000.00 fine and/or up to six months imprisonment.
8 U.S.C. § 1321: (Aliens) - Prevention of unauthorized landing of aliens; failure to report; penalties. Penalty is up to $3,000.00 fine for each violation, imposed by the Attorney General.
8 U.S.C. § 1324(a)(B)(2)(A): Unlawful bringing of aliens into U.S. Penalty is $3,000.00 fine for each alien, paid to the Commissioner.
8 U.S.C. § 1325: Entry of Alien at improper time or place; misrepresentation and concealment of facts (first offense). Penalty is up to six months imprisonment and/or a fine imposed pursuant to Title 18.
Title 12
12 U.S.C. § 164: (Bank Examinations) - Penalty for failure to make reports. 12 U.S.C. § 334:(Federal Reserve System) - State Banks as Members of System 12 U.S.C. § 481: (Bank Examinations) - Appointment of examiners; examination of member banks, State banks, and trust
companies; reports”. 12 U.S.C. § 1723a(e): (Federal National Mortgage Association) - Prohibition against use of name; penalty for violation. 12 U.S.C. § 1828(h): (F.D.I.C.) - Penalties.
Title 13
13 U.S.C. § 212: (Census) - Refusal or neglect of employees to perform duties. 13 U.S.C. § 221(a) & (b): (Census) - Refusal or neglect to answer questions; false answers. 13 U.S.C. § 222: (Census) - Giving suggestions or information with intent to cause inaccurate enumeration of
population. 13 U.S.C. § 223: (Census) - Refusal, by owners, proprietors, etc. to assist census employees. 13 U.S.C. § 224: (Census) - Failure to answer questions affecting companies, businesses, religious bodies, and other
organizations, false answers; (as applied only to failure to answer; willfully false answer has a fine of up to $10,000). 13 U.S.C. § 305: (Census - Collection and Publication of Foreign Commerce and Trade Statistics) -Violations, penalties.
Title 14
14 U.S.C. § 83: (Coast Guard) - Unauthorized aids to maritime navigation; penalty. 14 U.S.C. § 84: (Coast Guard) - Interference with aids to navigation; penalty. 14 U.S.C. § 85: (Coast Guard) - Aids to maritime navigation on fixed structures; penalty. 14 U.S.C. § 639: (Coast Guard) - Penalty for unauthorized use of words "Coast Guard". 14 U.S.C. § 892: (Coast Guard Reserve and Auxiliary) - Penalty.
Title 15
15 U.S.C. § 68(d: (Labeling of Wool Products) - Maintenance of records, penalties. 15 U.S.C. § 69f: (Labeling of Fur Products) - Maintenance of records, penalties). 15 U.S.C. § 78(u): (Securities and Exchanged) - Investigations; injunctions and prosecution of offenses. 15 U.S.C. § 78ff(b): (Securities and Exchanges) (failure to file information) Penalties.
15 U.S.C. § 79r(d): (Public Utility Holding Comp.) - Penalty for refusal to testify.
15 U.S.C. § 80b-9: (Investment Advisors) - Enforcement; penalties
15 U.S.C. § 233: (Standard Barrels) - Penalty for violations.
15 U.S.C. § 235: (Standard Barrels) - Sale or shipment of barrel of less capacity than standard; punishment.
15 U.S.C. § 241: (Standard Barrels) - Penalty for selling lime in unmarked barrels and containers.
15 U.S.C. § 298: (Gold and Silver) - Violations of law; penalty.
15 U.S.C. § 717t(b): (Natural Gas) - General penalties.
15 U.S.C. § 1004: (Golden Gate Bridge Tolls) - Penalties.
15 U.S.C. § 1007: (San Francisco-Oakland Bay Bridge) - Penalties
15 U.S.C. § 1212: (Household Refrigerators) - Violations, misdemeanor; penalties.
15 U.S.C. § 1233: (Disclosure of Automobile Information) - Violations and penalties.
Title 16
16 U.S.C. § 9a: (National Parks) - Violation of regulations as misdemeanor. 16 U.S.C. § 26: (National Parks - Yellowstone National Park) - Punishment for violations. 16 U.S.C. § 45e: (Sequoia and Yosemite National Parks) - Violations, penalty. 16 U.S.C. § 98: ( Mount Ranier National Historical Park) - forfeitures and punishments. 16 U.S.C. § 117c: (Mesa Verde National Park) - violations of statutes and rules. 16 U.S.C. § 127: (Crater Lake National Park) - rules and regulations; punishment. 16 U.S.C. § 146: (Wind Cave National Park) - Offenses. 16 U.S.C. § 170: (Glacier National Park) - regulations; punishment. 16 U.S.C. § 198c: (Rocky Mountain National Park) - Prohibited Acts; rules . and regulations; penalties. 16 U.S.C. § 204c: (Lassen Volcanic National Park) - Violations of statutes and rules; penalties. 16 U.S.C. § 256b: (Olympic National Park) - violation of statutes or rules; penalties. 16 U.S.C. § 354: (Denali National Park) - offenses; punishments. 16 U.S.C. § 373: (Hot Springs National Park) - injuries to property. 16 U.S.C. § 374: (Hot Springs National Park) - Violations of rules and regulations. 16 U.S.C. § 403c-3: (Shenandoah National Park and Great Smoky Mountains National Park) - Criminal offenses
concerning hunting, fishing, and property.
16 U.S.C. § 403h-3: (Shenandoah National Park and Great Smoky Mountains National Park) - penalties for violating laws and rules. 16 U.S.C. § 404c-3: (Mammoth Cave National Park) - rules and regulations.
16 U.S.C. § 408k: (Isle Royale National Park) - violation of statutes or rules; penalties. 16 U.S.C. § 413: (National Military Parks) - Offenses relating to structures and vegetation. 16 U.S.C. § 414: (National Military Parks) - trespassing for hunting, or shooting. 16 U.S.C. § 422d: (Moores Creek National Military Park)' - monuments, etc. protected. 16 U.S.C. § 423f: (Petersburg National Battlefield) - protection of monuments etc. 16 U.S.C. § 425g: (Various Parks in Virginia) - protection of monuments etc. 16 U.S.C. § 426i: (Stones River National Battlefield) - protection of monuments, etc. 16 U.S.C. § 430q: (Monocacy National Military Park) - offenses. 16 U.S.C. § 460k-3: (Nationa1 Conservation Recreation Areas) - Charges and fees; permits; regulations; penalties. 16 U.S.C. § 460n-5: (Lake Mead National Recreation Area) - violations and penalties. 16 U.S.C. § 606: (Cutting timber on certain mineral lands) - offenses; punishment. 16 U.S.C. § 666a: (Game, fur-bearing animals and fish) - penalties. 16 U.S.C. § 668: (Bald and golden eagles) - acts prohibited, penalty. 16 U.S.C. § 668dd(e): (National Wildlife Refuge System) - penalties. 16 U.S.C. § 690g: (Game and Bird Preserves; Protection) - violation of laws and regulations; penalty. 16 U.S.C. § 693a: (Game and Bird Preserves) - Rules and Regulations for administration of Ouachita National Forest;
violations; penalties.] 16 U.S.C. § 707(a): (Migratory Bird Treaty) - violations and penalties. 16 U.S.C. § § 730: (Upper Mississippi River Wild Life and Fish Refuge) -violation of law or regulations; punishment. 16 U.S.C. § 773g: (Northern Pacific Halibut Act of 1982) - Crimes and criminal penalties 16 U.S.C. § 783: (Regulation of Sponges) - punishment for violations of law. 16 U.S.C. § 811: (F.P.C.) - operation of navigation facilities; rules and regulations;-penalties. 16 U.S.C. § 825o(b): (F.P.C.) - rules and regulations; penalties. 16 U.S.C. § 916e: (Regulation of Whaling) - failure to keep returns, records, reports. 16 U.S.C. § 957(e): (Tuna Conventions) - violations; fines and forfeitures (as applied only to first violation; $5,000 penalty
for subsequent violations). 16 U.S.C. § 3373: (Illegally Taken Fish and Wildlife) - Penalties and sanctions.
Title 17
17 U.S.C. § 407 (Copyrights) - Deposit of copies or phonorecords for Library of Congress.
17 U.S.C. § 506 (Copyrights) - Criminal offenses.
17 U.S.C. § 506 (Copyrights) - Criminal offenses.
Title 18
18 U.S.C. § 3: Accessory after the fact (One half of the maximum punishment).
18 U.S.C. §§ 7 & 13: Special Maritime and territorial jurisdiction & Laws of States adopted for areas within federal jurisdiction
Aircraft and Motor Vehicles
18 U.S.C. § 35(a): Aircraft and Motcr Vehicles - importing or conveying false information.
Animals, Birds, Fish and Plants
18 U.S.C. § 41: Hunting, fishing, trapping; disturbance or injury on wildlife refuges 18 U.S.C. § 42(5)(b): Importation or shipment of injurious mammals, birds, fish, amphibia and reptiles 18 U.S.C. § 43(a): Animal enterprise terrorism 18 U.S.C. § 46: Transportation of water hyacinths 18 U.S.C. § 47: Use of aircraft or motor vehicles to hunt certain wild horses or burrows; pollution of watering holes
Assault
18 U.S.C. § 111: Assaulting, resisting, or impeding certain officers or employees (simple). 18 U.S.C. § 112(b): Protection of foreign officials, official guests, and internationally protected persons 18 U.S.C. § 113(a)(4-5): Assaults within maritime and territorial jurisdiction 18 U.S.C. § 115: Influencing, impeding, or retaliating against a federal official by threatening or injuring a family member
(as punishable under 18 U.S.C. § 111).
Bankruptcy
18 U.S.C. § 154: Bankruptcy - adverse interest and conduct of referees and other officers. 18 U.S.C. § 155: Fee Agreements in cases under title 11 and receiverships 18 U.S.C. § 156: Knowing disregard of bankruptcy law or rule
Bribery, Graft, and Conflicts of Interest
18 U.S.C. § 201(c): Bribery of public officials and witnesses (A two year offense. However, accessory after the fact would
constitute a misdemeanor) 18 U.S.C. §§ 203-205, 207-209: These bribery and graft crimes provide for misdemeanors where the defendant “engages” in the conduct versus “willfully engages.”
18 U.S.C. § 210: Offer to procure appointive public office
18 U.S.C. § 211: Acceptance or solicitation to obtain appointive public office
18 U.S.C. § 212: Offer of loan or gratuity to bank examiner
18 U.S.C. § 213: Acceptance of loan or gratuity by bank examiner
18 U.S.C. § 214: Offer for procurement of federal reserve bank loan and discount of commercial paper
18 U.S.C. § 215: Receipt of commissions or gifts for procuring loans (under $1,000.00) 18 U.S.C. § 217: Acceptance of consideration for adjustment of farm indebtedness 18 U.S.C. § 219(a): Officers and employees acting as agents of foreign principals (A two year offense. However, accessory
after the fact would constitute a misdemeanor) 18 U.S.C. § 217: Acceptance of consideration for adjustment of farm indebtedness.
Child Support
18 U.S.C. § 228: Failure to pay legal child support obligations (first offense)
Civil Rights
18 U.S.C. §§ 242-248: These civil rights crimes provide for misdemeanors, dependent on the type of activity and the gravity of the injury, eg. whether the defendant causes bodily harm.
Claims and Services in Matters Affecting Government
18 U.S.C. § 288: False claims for postal losses 18 U.S.C. § 290: Discharge papers withheld by claim agent 18 U.S.C. § 291: Purchase of claims for fees by court officials (fine only) 18 U.S.C. § 292: Solicitation of employment and receipt of unapproved fees concerning federal employee’s compensation
Coins and Currency
18 U.S.C. § 333: Mutilation of national bank obligations 18 U.S.C. § 336: Issuance of circulating obligations of less than $1 18 U.S.C. § 337: Coins as security for loans
Congressional, Cabinet, and Supreme Court Assassination, Kidnapping and Assault
18 U.S.C. § 351(e): Congressional, Cabinet, and Supreme Court Assassination, Kidnapping and Assault; penalties (simple assault)
Conspiracy
18 U.S.C. § 371: Conspiracy to commit offense or to defraud U.S. (if the offense, the commission of which is the object of the conspiracy, is a misdemeanor, otherwise, maximum fine may be as much as $10,000).
Contempts
18 U.S.C. § 402: Contempts constituting crimes 18 U.S.C. § 403: Protection of the privacy of child victims and child witnesses crimes.
Contracts
18 U.S.C. § 435: U.S. employee making contracts in excess of specific appropriation. 18 U.S.C. § 438: Whoever receives money contrary to 25 U.S.C. 81,82 for Indian contracts generally. 18 U.S.C. § 439: (Receipt of money, etc.)- on Indian enrollment contracts.
18 U.S.C. § 440: Mail Contracts 18 U.S.C. § 441: Postal Supply contracts. 18 U.S.C. § 442: (Illegal interest in) printing contracts.
Counterfeiting and Forgery
18 U.S.C. § 475: Imitating obligations or securities; advertisements (of U.S.) 18 U.S.C. § 480: Possessing counterfeit foreign obligations or securities. 18 U.S.C. § 483: Uttering counterfeit foreign banknotes. 18 U.S.C. § 489: Making or possessing likeness of coins. 18 U.S.C. § 491: Tokens or paper used as money. 18 U.S.C. § 492: (Custody or control) - forfeiture of counterfeit paraphernalia. 18 U.S.C. § 498: Military or navel discharge papers 18 U.S.C. § 510: Forging endorsements on Treasury checks or bonds or securities of the united states (less than $1,000.00) 18 U.S.C. § 511A: Unauthorized application of theft prevention decal or device.
Customs
(Two year offenses. However, accessory after the fact would constitute a misdemeanor) Elections and Political Activities 18 U.S.C. § 594: Intimidating voters 18 U.S.C. § 595: Interference by administrative employees of Federal, State, or Territorial Governments. 18 U.S.C. § 596: Polling armed forces. 18 U.S.C. § 597: Expenditures to influence voting 18 U.S.C. § 598: (Elections) - coercion by means of relief appropriations 18 U.S.C. § 599: Promise of appointment of candidate (Two years if willful.) 18 U.S.C. § 600: Promise of employment or other benefit for political activity 18 U.S.C. § 601: Deprivation of employment or other benefit for political contribution 18 U.S.C. § 604: Solicitation from persons on relief (for political activity). 18 U.S.C. § 605: Disclosure of names of persons on relief. 18 U.S.C. § 611: Voting by Aliens
Embezzlement and Theft
18 U.S.C. § 641: (Embezzlement, etc.) - Public money, property or records (if not in excess of $1,000). 18 U.S.C. § 643: (Embezzlement) - Accounting generally for public money (if does not exceed $1,000).
18 U.S.C. § 644: (Embezzlement) - Banker receiving unauthorized deposit of public money (if not in excess or $1,000). 18 U.S.C. § 645: (Embezzlement) - Court officers generally (if amount does not exceed $1,000). 18 U.S.C. § 646: (Embezzlement) - Court officers depositing registry moneys (if amount does not exceed $1,000). 18 U.S.C. § 647: (Embezzlement) - Receiving loan from court officer (if amount does not exceed $1,000). 18 U.S.C. § 648: (Embezzlement) - Custodians, generally, misusing public funds (if amount does not exceed $1,000). 18 U.S.C. § 649: (Embezzlement) - Custodians failing to deposit moneys (if amount does not exceed $1,000). 18 U.S.C. § 650: (Embezzlement) - Depositories failing to safeguard deposits (if amount does not exceed $1,000). 18 U.S.C. § 651: Disbursing officer falsely certifying full-payment . (if amount does not exceed $1,000) 18 U.S.C. § 652: Disbursing officer paying lesser in lieu of lawful amount (if amount does not exceed $1,000. 18 U.S.C. § 653: Disbursing officer misusing public fund (if amount does not exceed $1,000). 18 U.S.C. § 654: Officer or employee of U.S. converting property of another (if does not exceed $1,000). 18 U.S.C. § 655: Theft by bank examiner (if amount does not exceed $1,000). 18 U.S.C. § 656: Theft, embezzlement, or misapplication by bank officer or employee (if amount does not exceed $1,000). 18 U.S.C. § 657: (Embezzlement) - Lending, credit and insurance institutions. (if amount does not exceed $1,000). 18 U.S.C. § 658: (Fraud, etc.) - Property mortgaged or pledged to farm .
credit agencies (if amount does not exceed $1,000).
18 U.S.C. § 659: (Embezzlement, etc.) - Interstate OK foreign baggage express or freight (if amount does not exceed $1,000). 18 U.S.C. § 661: (Steals, etc. personal property of another) - within special maritime and territorial jurisdiction (if value
does not exceed $1,000).
18 U.S.C. § 662: Receiving stolen property within special maritime and territorial jurisdiction (if property does not exceed $1,000). 18 U.S.C. § 665: Theft or embezzlement from employment and training funds; improper inducement; obstruction of
investigations (if property does not exceed $1,000). 18 U.S.C. § 669: Theft or embezzlement in connection with health care (if sum does not exceed $100)
Emblems, Insignia, and Names
18 U.S.C. § 700: Desecration of the flag 18 U.S.C. § 701: (Mfg., sells, possesses) - official badges, identification cards, other insignia. 18 U.S.C. § 702: (Unlawful wearing, etc.) - uniform of armed forces and public health service. 18 U.S.C. § 703: (Unlawful wearing, etc.) - uniform of a friendly nation. 18 U.S.C. § 704: (Unlawful wearing, etc.) - military medals or decorations. 18 U.S.C. § 705: (Unlawful mfg., possessing, etc.) ,- badge or medal of veterans' organizations. 18 U.S.C. § 706: (Unlawful wearing,' etc.) - sign, insignia of Red Cross.
18 U.S.C. § 707: 4-H Club emblem fraudulently used. 18 U.S.C. § 708: (Unlawful use, etc.) - Swiss Confederation Coat of Arms. 18 U.S.C. § 709: False advertising or misuse of names to indicate Federal agency. 18 U.S.C. § 710: (Unlawful use, etc.) - cremation urns for military use. 18 U.S.C. § 711: (Unlawful use, etc.) - "Smokey Bear" character or name. 18 U.S.C. § 711a: (Unlawful use, etc.) - "Woodsy Owl" character, name or slogan.. 18 U.S.C. § 712: Misuse of names by collecting agencies or private detective agencies to indicate Federal