§3156 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Names what key words mean for the rules about holding or freeing people before trial, sentencing, or while they wait for an appeal. Judicial officer means anyone or any court allowed under section 3041 or the Federal Rules of Criminal Procedure to detain or release a person in a United States court, and it also includes judges of the Superior Court of the District of Columbia. Offense means a federal criminal crime tried in a court created by Congress (not one handled by military courts). Felony means a crime punishable by more than one year in prison. Crime of violence means an offense that either requires or threatens physical force, is a felony that carries a big risk force will be used, or is any felony under chapters 77, 109A, 110, or 117. State means a U.S. State, the District of Columbia, and any U.S. commonwealth, territory, or possession. For the rules in a nearby group of sections, judicial officer has the same meaning. There, offense means a federal criminal crime tried in a court created by Congress, but it does not include Class B or C misdemeanors, infractions, or crimes tried in military tribunals.

Title 18, §3156

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)As used in section 3141–3150 of this chapter—

(1)the term “judicial officer” means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sentencing or pending appeal in a court of the United States, and any judge of the Superior Court of the District of Columbia;

(2)the term “offense” means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress;

(3)the term “felony” means an offense punishable by a maximum term of imprisonment of more than one year;

(4)the term “crime of violence” means—

(A)an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another;

(B)any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or

(C)any felony under chapter 77, 109A, 110, or 117; and

(5)the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(b)As used in section 3152–3155 of this chapter—

(2)the term “offense” means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (a)(4)(C). Pub. L. 114–22 inserted “77,” after “chapter”. 1998—Subsec. (a)(4)(C). Pub. L. 105–314 added subpar. (C) and struck out former subpar. (C) which read as follows: “any felony under chapter 109A or chapter 110; and”. 1996—Subsec. (a)(5). Pub. L. 104–294 added par. (5). 1994—Subsec. (a)(4)(C). Pub. L. 103–322 added subpar. (C). 1986—Subsec. (a). Pub. L. 99–646 substituted “the term” for “The term” in pars. (1) to (4) and struck out “and” after “Congress;” in par. (2). 1984—Subsec. (a). Pub. L. 98–473, § 203(c)(1), substituted “3141” for “3146” in provision preceding par. (1). Subsec. (a)(1). Pub. L. 98–473, § 203(c)(2), substituted “to detain or release” for “to bail or otherwise release” and struck out “and” after “District of Columbia;”. Subsec. (a)(3), (4). Pub. L. 98–473, § 203(c)(3), (4), added pars. (3) and (4). Subsec. (b)(1). Pub. L. 98–473, § 203(c)(5), substituted “to detain or release” for “to bail or otherwise release”. Subsec. (b)(2). Pub. L. 98–473, § 223(h), substituted “Class B or C misdemeanor or an infraction” for “petty offense as defined in section 1(3) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out as a note under section 3141 of this title.

Effective Date

of 1984 AmendmentAmendment by section 223(h) of Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an

Effective Date

note under section 3551 of this title.

§3156 Definitions

Summary

Title 18, §3156

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata