§ 2424. — Filing factual statement about alien individual.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2424]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES
Sec. 2424. Filing factual statement about alien individual
(a) Whoever keeps, maintains, controls, supports, or harbors in any
house or place for the purpose of prostitution, or for any other immoral
purpose, any individual, knowing or in reckless disregard of the fact
that the individual is an alien, shall file with the Commissioner of
Immigration and Naturalization a statement in writing setting forth the
name of such individual, the place at which that individual is kept, and
all facts as to the date of that individual's entry into the United
States, the port through which that individual entered, that
individual's age, nationality, and parentage, and concerning that
individual's procuration to come to this country within the knowledge of
such person; and
Whoever fails within five business days after commencing to keep,
maintain, control, support, or harbor in any house or place for the
purpose of prostitution, or for any other immoral purpose, any alien
individual to file such statement concerning such alien individual with
the Commissioner of Immigration and Naturalization; or
Whoever knowingly and willfully states falsely or fails to disclose
in such statement any fact within that person's knowledge or belief with
reference to the age, nationality, or parentage of any such alien
individual, or concerning that individual's procuration to come to this
country--
Shall be fined under this title or imprisoned not more than 10
years, or both.
(b) In any prosecution brought under this section, if it appears
that any such statement required is not on file in the office of the
Commissioner of Immigration and Naturalization, the person whose duty it
is to file such statement shall be presumed to have failed to file said
statement, unless such person or persons shall prove otherwise. No
person shall be excused from furnishing the statement, as required by
this section, on the ground or for the reason that the statement so
required by that person, or the information therein contained, might
tend to criminate that person or subject that person to a penalty or
forfeiture, but no information contained in the statement or any
evidence which is directly or indirectly derived from such information
may be used against any person making such statement in any criminal
case, except a prosecution for perjury, giving a false statement or
otherwise failing to comply with this section.
(June 25, 1948, ch. 645, 62 Stat. 813; Pub. L. 91-452, title II,
Sec. 226, Oct. 15, 1970, 84 Stat. 930; Pub. L. 99-628, Sec. 5(c), Nov.
7, 1986, 100 Stat. 3511; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-208, div.
C, title III, Sec. 325, Sept. 30, 1996, 110 Stat. 3009-629.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 402(2), (3) (June 25,
1910, ch. 395, Sec. 6, 36 Stat. 826).
First paragraph of section 402 of title 18, U.S.C., 1940 ed., was
omitted from this section and recommended for transfer to Title 8,
Aliens and Nationality.
Words ``shall be deemed guilty of a misdemeanor'' were omitted as
unnecessary in view of the definition of a misdemeanor in section 1 of
this title. (See reviser's note under section 212 of this title.)
Minor changes were made in phraseology.
Amendments
1996--Subsec. (a). Pub. L. 104-208, Sec. 325(1), in first par.
substituted ``individual, knowing or in reckless disregard of the fact
that the individual is an alien'' for ``alien individual within three
years after that individual has entered the United States from any
country, party to the arrangement adopted July 25, 1902, for the
suppression of the white-slave traffic'' and struck out ``alien'' after
``the name of such''.
Pub. L. 104-208, Sec. 325(2), in second par. substituted ``five
business'' for ``thirty'' and struck out ``within three years after that
individual has entered the United States from any country, party to the
said arrangement for the suppression of the white-slave traffic,'' after
``any alien individual''.
Pub. L. 104-208, Sec. 325(3), substituted ``10'' for ``two'' in last
par.
1994--Subsec. (a). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $2,000'' in last par.
1986--Pub. L. 99-628, Sec. 5(c)(1), substituted ``individual'' for
``female'' in section catchline.
Subsec. (a). Pub. L. 99-628, Sec. 5(c)(2)-(4), (6), substituted
``individual'' for ``woman or girl'', ``that individual'' for ``she'',
``that individual's'' for ``her'', and ``that person's'' for ``his''
wherever appearing.
Subsec. (b). Pub. L. 99-628, Sec. 5(c)(5), substituted ``that
person'' for ``him'' wherever appearing.
1970--Subsec. (b). Pub. L. 91-452 substituted provisions that no
information contained in the statement or any evidence directly or
indirectly derived from such information be used against any person
making such statement in any criminal case, except a prosecution for
perjury, giving a false statement, or otherwise failing to comply with
this section, for provisions that no person be prosecuted or subjected
to any penalty or forfeiture under any law of the United States for or
on account of any transaction, etc., truthfully reported in his
statement.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, and not to affect any immunity to which any individual is
entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452,
set out as an Effective Date; Savings Provision note under section 6001
of this title.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of Title 8, Aliens and Nationality.
Section Referred to in Other Sections
This section is referred to in section 1961 of this title.
