§ 3237. Offenses begun in one district and completed in another
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/usc/title-18/section-3237A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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.
(b)Notwithstanding subsection (a), where an offense is described in section 7203 of the Internal Revenue Code of 1986, or where venue for prosecution of an offense described in section 7201 or 7206(1), (2), or
(5)of such Code (whether or not the offense is also described in another provision of law) is based solely on a mailing to the Internal Revenue Service, and prosecution is begun in a judicial district other than the judicial district in which the defendant resides, he may upon motion filed in the district in which the prosecution is begun, elect to be tried in the district in which he was residing at the time the alleged offense was committed: Provided, That the motion is filed within twenty days after arraignment of the defendant upon indictment or information.
(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.
Connections9 cite this · traces to 3
Cited by 9 sections
U.S. Code
- § 6091Place for filing returns or other documents
- § 2314Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting
- § 3238Offenses not committed in any district
- § 2312Transportation of stolen vehicles
- § 1717Letters and writings as nonmailable
- § 2317Sale or receipt of livestock
- § 2316Transportation of livestock
- § 1762Marking packages
19 references not yet in our index
- June 25, 1948, ch. 645
- 62 Stat. 826
- Pub. L. 85–595
- 72 Stat. 512
- Pub. L. 89–713, § 2
- 80 Stat. 1108
- Pub. L. 98–369, div. A, title I, § 162
- 98 Stat. 697
- Pub. L. 98–473, title II, § 1204(a)
- 98 Stat. 2152
- Pub. L. 99–514, § 2
- 100 Stat. 2095
- Mar. 3, 1911, ch. 231, § 42
- 36 Stat. 1100
- Pub. L. 99–514
- Pub. L. 98–473
- Pub. L. 98–369
- Pub. L. 89–713
- section 6 of Pub. L. 89–713
Citation graph
cites case law
§ 3237
Offenses begun in one district and completed in another
U.S.C.×8
IRM×1
ActJune 25, 1948, ch. 645
Stat.62 Stat. 826
Pub. L.Pub. L. 85–595
Stat.72 Stat. 512
Pub. L.Pub. L. 89–713, § 2
Cites 22 · showing 8Cited by 9 across 2 sources