§ 1091. — Genocide.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1091]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 50A--GENOCIDE
Sec. 1091. Genocide
(a) Basic Offense.--Whoever, whether in time of peace or in time of
war, in a circumstance described in subsection (d) and with the specific
intent to destroy, in whole or in substantial part, a national, ethnic,
racial, or religious group as such--
(1) kills members of that group;
(2) causes serious bodily injury to members of that group;
(3) causes the permanent impairment of the mental faculties of
members of the group through drugs, torture, or similar techniques;
(4) subjects the group to conditions of life that are intended
to cause the physical destruction of the group in whole or in part;
(5) imposes measures intended to prevent births within the
group; or
(6) transfers by force children of the group to another group;
or attempts to do so, shall be punished as provided in subsection (b).
(b) Punishment for Basic Offense.--The punishment for an offense
under subsection (a) is--
(1) in the case of an offense under subsection (a)(1), where
death results, by death or imprisonment for life and a fine of not
more than $1,000,000, or both; and
(2) a fine of not more than $1,000,000 or imprisonment for not
more than twenty years, or both, in any other case.
(c) Incitement Offense.--Whoever in a circumstance described in
subsection (d) directly and publicly incites another to violate
subsection (a) shall be fined not more than $500,000 or imprisoned not
more than five years, or both.
(d) Required Circumstance for Offenses.--The circumstance referred
to in subsections (a) and (c) is that--
(1) the offense is committed within the United States; or
(2) the alleged offender is a national of the United States (as
defined in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101)).
(e) Nonapplicability of Certain Limitations.--Notwithstanding
section 3282 of this title, in the case of an offense under subsection
(a)(1), an indictment may be found, or information instituted, at any
time without limitation.
(Added Pub. L. 100-606, Sec. 2(a), Nov. 4, 1988, 102 Stat. 3045; amended
Pub. L. 103-322, title VI, Sec. 60003(a)(13), Sept. 13, 1994, 108 Stat.
1970; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(4), (b)(7), Nov.
2, 2002, 116 Stat. 1806, 1808.)
Amendments
2002--Subsec. (b)(1). Pub. L. 107-273, Sec. 4002(b)(7), substituted
``subsection (a)(1),'' for ``subsection (a)(1),,''.
Pub. L. 107-273, Sec. 4002(a)(4), made technical correction to
directory language of Pub. L. 103-322. See 1994 Amendment note below.
1994--Subsec. (b)(1). Pub. L. 103-322, as amended by Pub. L. 107-
273, Sec. 4002(a)(4), substituted ``, where death results, by death or
imprisonment for life and a fine of not more than $1,000,000, or both;''
for ``a fine of not more than $1,000,000 and imprisonment for life,''.
Effective Date of 2002 Amendment
Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(4), Nov. 2, 2002,
116 Stat. 1806, provided that the amendment made by section 4002(a)(4)
is effective Sept. 13, 1994.
Short Title
Section 1 of Pub. L. 100-606 provided that: ``This Act [enacting
this chapter] may be cited as the `Genocide Convention Implementation
Act of 1987 (the Proxmire Act)'.''
