18 U.S.C. § 4101: Definitions

Summary

Defines key words used for moving people convicted of crimes between countries. Double criminality means the crime must be illegal in both countries; in a federal country it counts if it breaks federal law or any state or provincial law. Imprisonment means being kept in a prison or similar institution. Juvenile means someone under 18, or under 21 only for proceedings under chapter 403 about juvenile delinquency. Juvenile delinquency covers either acts that would be crimes if done by an adult, or non‑criminal acts where juvenile authorities can step in to supervise or treat the young person. Offender means someone convicted of a crime or found to have committed juvenile delinquency. Parole means being released before a sentence ends under conditions and supervision, including supervised release under section 3583. Probation means staying free under supervision and rules that, if broken, can lead to prison. Sentence includes the penalty and the court’s judgment in criminal or juvenile cases. State includes all U.S. states, the District of Columbia, Puerto Rico, and U.S. territories or possessions. Transfer means sending someone so a sentence from one country is served in another. Treaty means an agreement that lets a sentenced person go to their country of citizenship to serve the sentence.

Title 18, §4101

Crimes and Criminal Procedure, Source: USLM XML via OLRC

As used in this chapter the term—

(a)“double criminality” means that at the time of transfer of an offender the offense for which he has been sentenced is still an offense in the transferring country and is also an offense in the receiving country. With regard to a country which has a federal form of government, an act shall be deemed to be an offense in that country if it is an offense under the federal laws or the laws of any state or province thereof;

(b)“imprisonment” means a penalty imposed by a court under which the individual is confined to an institution;

(c)“juvenile” means—

(1)a person who is under eighteen years of age; or

(2)for the purpose of proceedings and disposition under chapter 403 of this title because of an act of juvenile delinquency, a person who is under twenty-one years of age;

(d)“juvenile delinquency” means—

(1)a violation of the laws of the United States or a State thereof or of a foreign country committed by a juvenile which would have been a crime if committed by an adult; or

(2)noncriminal acts committed by a juvenile for which supervision or treatment by juvenile authorities of the United States, a State thereof, or of the foreign country concerned is authorized;

(e)“offender” means a person who has been convicted of an offense or who has been adjudged to have committed an act of juvenile delinquency;

(f)“parole” means any form of release of an offender from imprisonment to the community by a releasing authority prior to the expiration of his sentence, subject to conditions imposed by the releasing authority and to its supervision, including a term of supervised release pursuant to section 3583;

(g)“probation” means any form of a sentence under which the offender is permitted to remain at liberty under supervision and subject to conditions for the breach of which a penalty of imprisonment may be ordered executed;

(h)“sentence” means not only the penalty imposed but also the judgment of conviction in a criminal case or a judgment of acquittal in the same proceeding, or the adjudication of delinquency in a juvenile delinquency proceeding or dismissal of allegations of delinquency in the same proceedings;

(i)“State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States;

(j)“transfer” means a transfer of an individual for the purpose of the execution in one country of a sentence imposed by the courts of another country; and

(k)“treaty” means a treaty under which an offender sentenced in the courts of one country may be transferred to the country of which he is a citizen or national for the purpose of serving the sentence.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (f). Pub. L. 98–473 inserted “including a term of supervised release pursuant to section 3583” after “supervision”. Subsec. (g). Pub. L. 98–473 substituted “under which” for “to a penalty of imprisonment the execution of which is suspended” and “a” for “the suspended” before “penalty”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by 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.

§4101 Definitions

Summary

Title 18, §4101

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata