§ 1515. Definitions for certain provisions; general provision

825 words·~4 min read·/usc/title-18/section-1515

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(a)As used in sections 1512 and 1513 of this title and in this section—

(1)the term “official proceeding” means—

(A)a proceeding before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury;

(B)a proceeding before the Congress;

(C)a proceeding before a Federal Government agency which is authorized by law; or

(D)a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce;

(2)the term “physical force” means physical action against another, and includes confinement;

(3)the term “misleading conduct” means—

(A)knowingly making a false statement;

(B)intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact, and thereby creating a false impression by such statement;

(C)with intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;

(D)with intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or

(E)knowingly using a trick, scheme, or device with intent to mislead;

(4)the term “law enforcement officer” means an officer or employee of the Federal Government, or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant—

(A)authorized under law to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or

(B)serving as a probation or pretrial services officer under this title;

(5)the term “bodily injury” means—

(A)a cut, abrasion, bruise, burn, or disfigurement;

(B)physical pain;

(C)illness;

(D)impairment of the function of a bodily member, organ, or mental faculty; or

(E)any other injury to the body, no matter how temporary; and

(6)the term “corruptly persuades” does not include conduct which would be misleading conduct but for a lack of a state of mind.

(b)As used in section 1505, the term “corruptly” means acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information.

(c)This chapter does not prohibit or punish the providing of lawful, bona fide, legal representation services in connection with or anticipation of an official proceeding.

(Added Pub. L. 97–291, § 4(a), Oct. 12, 1982, 96 Stat. 1252; amended Pub. L. 99–646, § 50(b), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100–690, title VII, § 7029(b), (d), Nov. 18, 1988, 102 Stat. 4398; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–322, title XXXII, § 320604(a), Sept. 13, 1994, 108 Stat. 2118; Pub. L. 104–292, § 3, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104–294, title VI, § 604(b)(39), Oct. 11, 1996, 110 Stat. 3509.)

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