§1091 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a crime to try to destroy a national, ethnic, racial, or religious group, whether in peace or war. The law covers trying to kill members of the group; causing serious physical harm; permanently damaging mental abilities by drugs, torture, or similar methods; putting the group in life conditions meant to destroy it; forcing measures to stop births; and taking children and moving them to another group. The person must have the specific intent to destroy the group in whole or in large part. If death results from the killing, the punishment can be death or life in prison and a fine up to $1,000,000, or both. Other offenses can bring up to 20 years in prison, a fine up to $1,000,000, or both. Publicly urging others to commit these acts can bring up to 5 years in prison or a fine up to $500,000, or both. Attempts and plans to do these crimes are punished the same as actually doing them. The United States can prosecute if the crime happens in the U.S., or if the accused is a U.S. citizen, a lawful permanent resident, a stateless person who usually lives in the U.S., or is present in the U.S. There is no time limit for bringing charges.

Title 18, §1091

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

(1)kills members of that group;

(2)causes serious bodily injury to members of that group;

(3)causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

(4)subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

(5)imposes measures intended to prevent births within the group; or

(6)transfers by force children of the group to another group;

(b)The punishment for an offense under subsection (a) is—

(1)in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and

(2)a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.

(c)Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

(d)Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

(e)There is jurisdiction over the offenses described in subsections (a), (c), and (d) if—

(1)the offense is committed in whole or in part within the United States; or

(2)regardless of where the offense is committed, the alleged offender is—

(A)a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101));

(B)an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101));

(C)a stateless person whose habitual residence is in the United States; or

(D)present in the United States.

(f)Notwithstanding section 3282, in the case of an offense under this section, an indictment may be found, or information instituted, at any time without limitation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (a). Pub. L. 111–122, § 3(a)(1), struck out “, in a circumstance described in subsection (d)” before “and with the specific” in introductory provisions and “or attempts to do so,” before “shall be punished” in concluding provisions. Subsec. (c). Pub. L. 111–122, § 3(a)(2), struck out “in a circumstance described in subsection (d)” before “directly”. Subsecs. (d) to (f). Pub. L. 111–122, § 3(a)(3), (4), added subsecs. (d) to (f) and struck out former subsecs. (d) and (e) which related to the required circumstance for offenses referred to in subsecs. (a) and (c) and nonapplicability of certain limitations, respectively. 2007—Subsec. (d). Pub. L. 110–151 added subsec. (d) and struck out former subsec. (d). Text of former subsec. (d) read as follows: “The circumstance referred to in subsections (a) and (c) is that— “(1) the offense is committed within the United States; or “(2) the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).” 2002—Subsec. (b)(1). Pub. L. 107–273, § 4002(b)(7), substituted “subsection (a)(1),” for “subsection (a)(1),,”. Pub. L. 107–273, § 4002(a)(4), made technical correction to directory language of Pub. L. 103–322. See 1994 Amendment note below. 1994—Subsec. (b)(1). Pub. L. 103–322, as amended by Pub. L. 107–273, § 4002(a)(4), substituted “, where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;” for “a fine of not more than $1,000,000 and imprisonment for life,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 Amendment Pub. L. 107–273, div. B, title IV, § 4002(a)(4), Nov. 2, 2002, 116 Stat. 1806, provided that the amendment made by section 4002(a)(4) is effective Sept. 13, 1994.

Short Title

Pub. L. 100–606, § 1, Nov. 4, 1988, 102 Stat. 3045, provided that: “This Act [enacting this chapter] may be cited as the ‘Genocide Convention Implementation Act of 1987 (the Proxmire Act)’.”

§1091 Genocide