PRIA, Government Policy, Made Personal

Summary

Using or trying to use someone else's passport, breaking the passport's rules, or giving a passport to be used by a different person is a crime when done on purpose and with knowledge. If found guilty, a person can be fined, sent to prison, or both. The prison time depends on why it was done: up to 25 years if it helped international terrorism (as defined in section 2331), up to 20 years if it helped a drug trafficking crime (as defined in section 929(a)), up to 10 years for a first or second offense not tied to terrorism or drug trafficking, and up to 15 years in any other case.

Title 18, §1544

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whoever willfully and knowingly uses, or attempts to use, any passport issued or designed for the use of another; or Whoever willfully and knowingly uses or attempts to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports; or Whoever willfully and knowingly furnishes, disposes of, or delivers a passport to any person, for use by another than the person for whose use it was originally issued and designed— Shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on section 221 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (June 15, 1917, ch. 30, title IX, § 3, 40 Stat. 227; Mar. 28, 1940, ch. 72, § 7, 54 Stat. 80). Mandatory-punishment provision rephrased in the alternative. Punishment of five years’ imprisonment was substituted for “ten years” to conform with other sections embracing offenses of comparable gravity. The phrase “which said rules shall be printed on the passport” was omitted as inconsistent with administrative practice and because the existing rules are too voluminous to be printed on a passport. Minor changes were made in phraseology.

Editorial Notes

Amendments

2002—Pub. L. 107–273 substituted “to facilitate” for “to facility” in last par. 1996—Pub. L. 104–208 substituted “imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facility such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)” for “imprisoned not more than 10 years” in last par. 1994—Pub. L. 103–322, § 330016(1)(I), which directed the amendment of this section by substituting “under this title” for “not more than $2,000”, could not be executed because the words “not more than $2,000” did not appear in text subsequent to amendment by Pub. L. 103–322, § 130009(a)(2). See below. Pub. L. 103–322, § 130009(a)(2), substituted “under this title, imprisoned not more than 10 years” for “not more than $2,000 or imprisoned not more than five years” in last par.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–208 applicable with respect to offenses occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L. 104–208, set out as a note under section 1028 of this title.

§1544 Misuse of Passport