§ 1515. — Definitions for certain provisions; general provision.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1515]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 73--OBSTRUCTION OF JUSTICE
Sec. 1515. Definitions for certain provisions; general provision
(a) As used in sections 1512 and 1513 of this title and in this
section--
(1) the term ``official proceeding'' means--
(A) a proceeding before a judge or court of the United
States, a United States magistrate judge, a bankruptcy judge, a
judge of the United States Tax Court, a special trial judge of
the Tax Court, a judge of the United States Court of Federal
Claims, or a Federal grand jury;
(B) a proceeding before the Congress;
(C) a proceeding before a Federal Government agency which is
authorized by law; or
(D) a proceeding involving the business of insurance whose
activities affect interstate commerce before any insurance
regulatory official or agency or any agent or examiner appointed
by such official or agency to examine the affairs of any person
engaged in the business of insurance whose activities affect
interstate commerce;
(2) the term ``physical force'' means physical action against
another, and includes confinement;
(3) the term ``misleading conduct'' means--
(A) knowingly making a false statement;
(B) intentionally omitting information from a statement and
thereby causing a portion of such statement to be misleading, or
intentionally concealing a material fact, and thereby creating a
false impression by such statement;
(C) with intent to mislead, knowingly submitting or inviting
reliance on a writing or recording that is false, forged,
altered, or otherwise lacking in authenticity;
(D) with intent to mislead, knowingly submitting or inviting
reliance on a sample, specimen, map, photograph, boundary mark,
or other object that is misleading in a material respect; or
(E) knowingly using a trick, scheme, or device with intent
to mislead;
(4) the term ``law enforcement officer'' means an officer or
employee of the Federal Government, or a person authorized to act
for or on behalf of the Federal Government or serving the Federal
Government as an adviser or consultant--
(A) authorized under law to engage in or supervise the
prevention, detection, investigation, or prosecution of an
offense; or
(B) serving as a probation or pretrial services officer
under this title;
(5) the term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily member, organ, or
mental faculty; or
(E) any other injury to the body, no matter how temporary;
and
(6) the term ``corruptly persuades'' does not include conduct
which would be misleading conduct but for a lack of a state of mind.
(b) As used in section 1505, the term ``corruptly'' means acting
with an improper purpose, personally or by influencing another,
including making a false or misleading statement, or withholding,
concealing, altering, or destroying a document or other information.
(c) This chapter does not prohibit or punish the providing of
lawful, bona fide, legal representation services in connection with or
anticipation of an official proceeding.
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1252; amended
Pub. L. 99-646, Sec. 50(b), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100-
690, title VII, Sec. 7029(b), (d), Nov. 18, 1988, 102 Stat. 4398; Pub.
L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L.
102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub.
L. 103-322, title XXXII, Sec. 320604(a), Sept. 13, 1994, 108 Stat. 2118;
Pub. L. 104-292, Sec. 3, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104-294,
title VI, Sec. 604(b)(39), Oct. 11, 1996, 110 Stat. 3509.)
Amendments
1996--Subsec. (a)(1)(D). Pub. L. 104-294 struck out ``or'' after
semicolon at end.
Subsecs. (b), (c). Pub. L. 104-292 added subsec. (b) and
redesignated former subsec. (b) as (c).
1994--Subsec. (a)(1)(D). Pub. L. 103-322 added subpar. (D).
1992--Subsec. (a)(1)(A). Pub. L. 102-572 substituted ``United States
Court of Federal Claims'' for ``United States Claims Court''.
1988--Subsec. (a)(1)(A). Pub. L. 100-690, Sec. 7029(b), inserted ``a
judge of the United States Tax Court, a special trial judge of the Tax
Court, a judge of the United States Claims Court,'' after ``bankruptcy
judge,''.
Subsec. (a)(6). Pub. L. 100-690, Sec. 7029(d), added par. (6).
1986--Pub. L. 99-646 inserted ``; general provision'' in section
catchline, designated existing provisions as subsec. (a), and added
subsec. (b).
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (a)(1)(A) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date
Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97-291,
set out as a note under section 1512 of this title.
