§ 1425. — Procurement of citizenship or naturalization unlawfully.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1425]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 69--NATIONALITY AND CITIZENSHIP
Sec. 1425. Procurement of citizenship or naturalization
unlawfully
(a) Whoever knowingly procures or attempts to procure, contrary to
law, the naturalization of any person, or documentary or other evidence
of naturalization or of citizenship; or
(b) Whoever, whether for himself or another person not entitled
thereto, knowingly issues, procures or obtains or applies for or
otherwise attempts to procure or obtain naturalization, or citizenship,
or a declaration of intention to become a citizen, or a certificate of
arrival or any certificate or evidence of nationalization or
citizenship, documentary or otherwise, or duplicates or copies of any of
the foregoing--
Shall be fined under this title or 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.
(June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-208, div.
C, title II, Sec. 211(a)(2), Sept. 30, 1996, 110 Stat. 3009-569; Pub. L.
107-273, div. B, title IV, Sec. 4002(a)(3), Nov. 2, 2002, 116 Stat.
1806.)
Historical and Revision Notes
Based on subsections (a) pars. (2)-(5), (7), (b), and (d) of section
746 of Title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940,
ch. 876, Sec. 346(a), pars. (2)-(5), (7), (b), (d), 54 Stat. 1163, 1164,
1167).
Section consolidates five similar paragraphs, and the punishment
provisions of subsection (d) of said section 746 of title 8, U.S.C.,
1940 ed., Aliens and Nationality, with minor necessary changes in
translations and phraseology. Numerous references to aiding and
assisting were omitted as unnecessary as such persons are principals
under definitive section 2 of this title.
Words ``a certificate of arrival or'' were inserted before ``any
certificate'' in subsection (b), so as to remove any doubt as to scope
of section.
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 five years'' in last par.
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $5,000'' in last par.
Effective Date of 1996 Amendment
Amendment 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.
Section Referred to in Other Sections
This section is referred to in sections 982, 1961, 2516, 3291 of
this title; title 8 section 1451.