§ 3282. Offenses not capital

639 words·~3 min read·/usc/title-18/section-3282

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In General.— Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.

(b)DNA Profile Indictment.—

(1)In general.— In any indictment for an offense under chapter 109A for which the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile.

(2)Exception.— Any indictment described under paragraph (1), which is found not later than 5 years after the offense under chapter 109A is committed, shall not be subject to—

(A)the limitations period described under subsection (a); and

(B)the provisions of chapter 208 until the individual is arrested or served with a summons in connection with the charges contained in the indictment.

(3)Defined term.— For purposes of this subsection, the term “DNA profile” means a set of DNA identification characteristics.

(June 25, 1948, ch. 645, 62 Stat. 828; Sept. 1, 1954, ch. 1214, § 12(a), formerly § 10(a), 68 Stat. 1145; renumbered Pub. L. 87–299, § 1, Sept. 26, 1961, 75 Stat. 648; Pub. L. 108–21, title VI, § 610(a), Apr. 30, 2003, 117 Stat. 692.)

Historical and Revision Notes

Based on section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, and on title 18, U.S.C., 1940 ed., § 582 (R.S. § 1044; Apr. 13, 1876, ch. 56, 19 Stat. 32; Nov. 17, 1921, ch. 124, § 1, 42 Stat. 220; Dec. 27, 1927, ch. 6, 45 Stat. 51; Oct. 14, 1940, ch. 876, title I, subchap. III, § 346(g), 54 Stat. 1167).

Section 582 of title 18, U.S.C., 1940 ed., and section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, were consolidated. “Except as otherwise expressly provided by law” was inserted to avoid enumeration of exceptive provisions.

The proviso contained in the act of 1927 “That nothing herein contained shall apply to any offense for which an indictment has been heretofore found or an information instituted, or to any proceedings under any such indictment or information,” was omitted as no longer necessary.

In the consolidation of these sections the 5-year period of limitation for violations of the Nationality Code, provided for in said section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, is reduced to 3 years. There seemed no sound basis for considering 3 years adequate in the case of heinous felonies and gross frauds against the United States but inadequate for misuse of a passport or false statement to a naturalization examiner.

Connections26 cite this · traces to 2

Cited by 26 sections · top 21

U.S. Code

IRM

statutes-at-large

Public Law 854

Traces to 2 documents

U.S. Code

20 references not yet in our index

June 25, 1948, ch. 645
62 Stat. 828
Sept. 1, 1954, ch. 1214, § 12(a)
68 Stat. 1145
Pub. L. 87–299, § 1
75 Stat. 648
Pub. L. 108–21, title VI, § 610(a)
117 Stat. 692
section 746(g) of title 8
Apr. 13, 1876, ch. 56
19 Stat. 32
Nov. 17, 1921, ch. 124, § 1
42 Stat. 220
Dec. 27, 1927, ch. 6
45 Stat. 51
Oct. 14, 1940, ch. 876
54 Stat. 1167
Section 582 of title 18
Pub. L. 108–21
Act Sept. 1, 1954, ch. 1214, § 12(b)

Citation graph

cites case law

§ 3282

Offenses not capital

U.S.C.×11

IRM×7

Fed. Reg.×7

Stat.×1

U.S.C.§ 3290

U.S.C.§ 783

ActJune 25, 1948, ch. 645

Stat.62 Stat. 828

ActSept. 1, 1954, ch. 1214, § 12(a)

Stat.68 Stat. 1145

Pub. L.Pub. L. 87–299, § 1

Cites 22 · showing 7Cited by 26 across 4 sources