Sec. 1104. Definition of aggravated felony

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Section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) is amended to read as follows: Notwithstanding any other provision of law, the term aggravated felony means any offense, whether in violation of Federal, State, or foreign law, that is described in this paragraph. An offense described in this paragraph is— homicide (including murder in any degree, manslaughter, and vehicular manslaughter), rape (whether the victim was conscious or unconscious), statutory rape, sexual assault or battery, or any offense of a sexual nature involving an intended victim under the age of 18 years (including offenses in which the intended victim was a law enforcement officer); illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act), including a drug trafficking crime (as defined in section 924(c) of title 18, United States Code); or any offense under State law relating to a controlled substance (as so classified under State law) which is classified as a felony in that State regardless of whether the substance is classified as a controlled substance under section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); illicit trafficking in firearms or destructive devices (as defined in section 921 of title 18, United States Code) or in explosive materials (as defined in section 841(c) of that title); an offense described in section 1956 of title 18, United States Code (relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000; an offense described in— section 842 or 844 of title 18, United States Code (relating to explosive materials offenses); section 922 or 924 of title 18, United States Code (relating to firearms offenses); or section 5861 of the Internal Revenue Code of 1986 (relating to firearms offenses); a violent crime for which the term of imprisonment is at least 1 year, including— any offense that has an element the use, attempted use, or threatened use of physical force against the person or property of another; or any other offense in which the record of conviction establishes that the offender used physical force against the person or property of another in the course of committing the offense; theft (including theft by deceit, theft by fraud, embezzlement, motor vehicle theft, unauthorized use of a vehicle, or receipt of stolen property), regardless of whether the intended deprivation was temporary or permanent, for which the term of imprisonment is at least 1 year; or burglary for which the term of imprisonment is at least 1 year; an offense described in section 875, 876, 877, or 1202 of title 18, United States Code (relating to the demand for or receipt of ransom); an offense involving child pornography or sexual exploitation of a minor (including any offense described in section 2251, 2251A, or 2252 of title 18, United States Code); an offense described in section 1962 of title 18, United States Code (relating to racketeer influenced corrupt organizations), or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses); an offense that— relates to the owning, controlling, managing, or supervising of a prostitution business; is described in section 2421, 2422, or 2423 of title 18, United States Code (relating to transportation for the purpose of prostitution) if committed for commercial advantage; or is described in any of sections 1581–1585 or 1588–1591 of title 18, United States Code (relating to peonage, slavery, involuntary servitude, and trafficking in persons); an offense described in— section 793 (relating to gathering or transmitting national defense information), 798 (relating to disclosure of classified information), 2153 (relating to sabotage) or 2381 or 2382 (relating to treason) of title 18, United States Code; section 601 of the National Security Act of 1947 ( 50 U.S.C. 421 ) (relating to protecting the identity of undercover intelligence agents); section 601 of the National Security Act of 1947 (relating to protecting the identity of undercover agents); section 175 (relating to biological weapons) of title 18, United States Code; sections 792 (harboring or concealing persons who violated sections 793 or 794 of title 18, United States Code), 794 (gathering or delivering defense information to aid foreign government), 795 (photographing and sketching defense installations), 796 (use of aircraft for photographing defense installations), 797 (publication and sale of photographs of defense installations), 799 (violation of NASA regulations for protection of facilities) of title 18, United States Code; sections 831 (prohibited transactions involving nuclear materials) and 832 (participation in nuclear and weapons of mass destruction threats to the United States) of title 18, United States Code; sections 2332a–d, f–h (relating to terrorist activities) of title 18, United States Code; sections 2339 (relating to harboring or concealing terrorists), 2339A (relating to material support to terrorists), 2339B (relating to material support or resources to designated foreign terrorist organizations), 2339C (relating to financing of terrorism), 2339D (relating to receiving military-type training from a terrorist organization) of title 18, United States Code; section 1705 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ); or section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 ); an offense that— involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or is described in section 7201 of the Internal Revenue Code of 1986 (relating to tax evasion) in which the revenue loss to the Government exceeds $10,000; an offense described in section 274(a) (relating to alien smuggling); an offense described in section 275 or 276 for which the term of imprisonment is at least 1 year; an offense which is described in chapter 75 of title 18, United States Code, and for which the term of imprisonment is at least 1 year; an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more; an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year; an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness; an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years' imprisonment or more may be imposed; any offense for which the term of imprisonment imposed was 2 years or more; an offense relating to terrorism or national security (including a conviction for a violation of any provision of chapter 113B of title 18, United States Code; a single conviction for driving while intoxicated (including a conviction for driving while under the influence of or impairment by alcohol or drugs), when such impaired driving was a cause of the serious bodily injury or death of another person; or a second or subsequent conviction for driving while intoxicated (including a conviction for driving under the influence of or impaired by alcohol or drugs); or an attempt or conspiracy to commit an offense described in this paragraph or aiding, abetting, counseling, procuring, commanding, inducing, facilitating, or soliciting the commission of such an offense.

Any determinations under this paragraph shall be made on the basis of the record of conviction. For purposes of this paragraph, a person shall be considered to have committed an aggravated felony if that person has been convicted for 3 or more misdemeanors not arising out the traffic laws (except for any conviction for driving under the influence or an offense that results in the death or serious bodily injury of another person) or felonies for which the aggregate term of imprisonment imposed was 3 years or more, regardless of whether the convictions were all entered pursuant to a single trial or the offenses arose from a single pattern or scheme of conduct. .

The amendments made by subsection (a)— shall take effect on the date of the enactment of this Act; and shall apply to any act or conviction that occurred before, on, or after such date. The amendments to section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 110 Stat. 3009–627) shall continue to apply, whether the conviction was entered before, on, or after September 30, 1996.

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