Title 18, Crimes and Criminal ProcedureRelease 119-102
§401 Power of Court
Title 18 › PART I — CRIMES › CHAPTER 21 — CONTEMPTS › § 401
Summary
A federal court can fine someone, put them in jail, or do both for contempt. Three acts qualify: (1) bad conduct in or near court that obstructs justice; (2) court officers' official misconduct; (3) refusing a lawful court order.
Full Legal Text
Title 18, §401
Crimes and Criminal Procedure, Source: USLM XML via OLRC
A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—
(1)Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2)Misbehavior of any of its officers in their official transactions;
(3)Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on section 385 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 268, 36 Stat. 1163). Said section 385 conferred two powers. The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary. The second part relating to contempt of court constitutes this section. Changes in phraseology and arrangement were made.
Editorial Notes
Amendments
2002—Pub. L. 107–273 inserted “or both,” after “fine or imprisonment,” in introductory provisions.
Reference
Citations & Metadata
Citation
18 U.S.C. § 401
Title 18, Crimes and Criminal Procedure
Last Updated
Aug 21, 2026
Release point: 119-102