§ 3237. — Offenses begun in one district and completed in another.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3237]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 211--JURISDICTION AND VENUE
Sec. 3237. Offenses begun in one district and completed in
another
(a) Except as otherwise expressly provided by enactment of Congress,
any offense against the United States begun in one district and
completed in another, or committed in more than one district, may be
inquired of and prosecuted in any district in which such offense was
begun, continued, or completed.
Any offense involving the use of the mails, transportation in
interstate or foreign commerce, or the importation of an object or
person into the United States is a continuing offense and, except as
otherwise expressly provided by enactment of Congress, may be inquired
of and prosecuted in any district from, through, or into which such
commerce, mail matter, or imported object or person moves.
(b) Notwithstanding subsection (a), where an offense is described in
section 7203 of the Internal Revenue Code of 1986, or where venue for
prosecution of an offense described in section 7201 or 7206(1), (2), or
(5) of such Code (whether or not the offense is also described in
another provision of law) is based solely on a mailing to the Internal
Revenue Service, and prosecution is begun in a judicial district other
than the judicial district in which the defendant resides, he may upon
motion filed in the district in which the prosecution is begun, elect to
be tried in the district in which he was residing at the time the
alleged offense was committed: Provided, That the motion is filed within
twenty days after arraignment of the defendant upon indictment or
information.
(June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 85-595, Aug. 6, 1958, 72
Stat. 512; Pub. L. 89-713, Sec. 2, Nov. 2, 1966, 80 Stat. 1108; Pub. L.
98-369, div. A, title I, Sec. 162, July 18, 1984, 98 Stat. 697; Pub. L.
98-473, title II, Sec. 1204(a), Oct. 12, 1984, 98 Stat. 2152; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
Historical and Revision Notes
Based on section 103 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, Sec. 42, 36 Stat. 1100).
Section was completely rewritten to clarify legislative intent and
in order to omit special venue provisions from many sections.
The phrase ``committed in more than one district'' may be
comprehensive enough to include ``begun in one district and completed in
another'', but the use of both expressions precludes any doubt as to
legislative intent.
Rules 18-22 of the Federal Rules of Criminal Procedure are in accord
with this section.
The last paragraph of the revised section was added to meet the
situation created by the decision of the Supreme Court of the United
States in United States v. Johnson, 1944, 65 S. Ct. 249, 89 L. Ed. 236,
which turned on the absence of a special venue provision in the Dentures
Act, section 1821 of this revision. The revised section removes all
doubt as to the venue of continuing offenses and makes unnecessary
special venue provisions except in cases where Congress desires to
restrict the prosecution of offenses to particular districts as in
section 1073 of this revision.
References in Text
Section 7203 of the Internal Revenue Code of 1986, referred to in
subsec. (b), is classified to section 7203 of Title 26, Internal Revenue
Code.
Section 7201 or 7206(1), (2), or (5) of such Code, referred to in
subsec. (b), are classified respectively to sections 7201 and 7206(1),
(2), (5) of Title 26.
Amendments
1986--Subsec. (b). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
1984--Subsec. (a). Pub. L. 98-473 inserted ``or the importation of
an object or person into the United States'' and ``, or imported object
or person'' in second par.
Subsec. (b). Pub. L. 98-369 substituted ``venue for prosecution of
an offense'' for ``an offense involves use of the mails and is an
offense'' and inserted ``is based solely on a mailing to the Internal
Revenue Service''.
1966--Subsec. (b). Pub. L. 89-713 inserted reference to offenses
described in section 7203 of the Internal Revenue Code of 1954.
1958--Pub. L. 85-595 designated existing provisions as subsec. (a)
and added subsec. (b).
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-713 effective Nov. 2, 1966, see section 6 of
Pub. L. 89-713, set out as a note under section 6091 of Title 26,
Internal Revenue Code.
