§3237 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Unless Congress says otherwise, a federal crime that starts in one district and finishes in another, or happens in more than one district, can be investigated and prosecuted in any district where it began, continued, or ended. Crimes that use the mail, cross state or foreign borders, or bring an object or person into the United States are treated as continuing crimes. Those can be charged in any district the mail or movement goes from, through, or into. If the case is for certain tax crimes (the ones in sections 7201, 7203, or 7206 of the tax code) and the only reason the case is in a district is a mailing to the Internal Revenue Service, a defendant prosecuted outside the district where they lived may ask to be tried in the district where they lived when the alleged crime happened. That request must be filed in the district where the prosecution began within 20 days after arraignment.

Title 18, §3237

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.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.

Notes & Related Subsidiaries

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.

Editorial Notes

References in Text

section 7203 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 7203 of Title 26, Internal Revenue Code. section 7201 or 7206(1), (2), or (5) of such Code, referred to in subsec. (b), are classified respectively to section 7201 and 7206(1), (2), (5) of Title 26.

Amendments

1986—Subsec. (b). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1984—Subsec. (a). Pub. L. 98–473 inserted “or the importation of an object or person into the United States” and “, or imported object or person” in second par. Subsec. (b). Pub. L. 98–369 substituted “venue for prosecution of an offense” for “an offense involves use of the mails and is an offense” and inserted “is based solely on a mailing to the Internal Revenue Service”. 1966—Subsec. (b). Pub. L. 89–713 inserted reference to offenses described in section 7203 of the Internal Revenue Code of 1954. 1958—Pub. L. 85–595 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1966 AmendmentAmendment by Pub. L. 89–713 effective Nov. 2, 1966, see section 6 of Pub. L. 89–713, set out as a note under section 6091 of Title 26, Internal Revenue Code.

§3237 Offenses begun in one district and completed in another