§ 3282. — Offenses not capital.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3282]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 213--LIMITATIONS
Sec. 3282. Offenses not capital
Except as otherwise expressly provided by law, no person shall be
prosecuted, tried, or punished for any offense, not capital, unless the
indictment is found or the information is instituted within five years
next after such offense shall have been committed.
(June 25, 1948, ch. 645, 62 Stat. 828; Sept. 1, 1954, ch. 1214,
Sec. 12(a), formerly Sec. 10(a), 68 Stat. 1145; renumbered Pub. L. 87-
299, Sec. 1, Sept. 26, 1961, 75 Stat. 648.)
Historical and Revision Notes
Based on section 746(g) of title 8, U.S.C., 1940 ed., Aliens and
Nationality, and on title 18, U.S.C., 1940 ed., Sec. 582 (R.S.
Sec. 1044; Apr. 13, 1876, ch. 56, 19 Stat. 32; Nov. 17, 1921, ch. 124,
Sec. 1, 42 Stat. 220; Dec. 27, 1927, ch. 6, 45 Stat. 51; Oct. 14, 1940,
ch. 876, title I, subchap. III, Sec. 346(g), 54 Stat. 1167).
Section 582 of title 18, U.S.C., 1940 ed., and section 746(g) of
title 8, U.S.C., 1940 ed., Aliens and Nationality, were consolidated.
``Except as otherwise expressly provided by law'' was inserted to avoid
enumeration of exceptive provisions.
The proviso contained in the act of 1927 ``That nothing herein
contained shall apply to any offense for which an indictment has been
heretofore found or an information instituted, or to any proceedings
under any such indictment or information,'' was omitted as no longer
necessary.
In the consolidation of these sections the 5-year period of
limitation for violations of the Nationality Code, provided for in said
section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, is
reduced to 3 years. There seemed no sound basis for considering 3 years
adequate in the case of heinous felonies and gross frauds against the
United States but inadequate for misuse of a passport or false statement
to a naturalization examiner.
Amendments
1954--Act Sept. 1, 1954, changed the limitation period from three
years to five years.
Effective Date of 1954 Amendment
Section 12(b) of act Sept. 1, 1954, formerly section 10(b), as
renumbered by Pub. L. 87-299, Sec. 1, provided that: ``The amendment
made by subsection (a) [amending this section] shall be effective with
respect to offenses (1) committed on or after September 1, 1954, or (2)
committed prior to such date, if on such date prosecution therefor is
not barred by provisions of law in effect prior to such date.''
Fugitives From Justice
Statutes of limitations as not extending to persons fleeing from
justice, see section 3290 of this title.
Offenses Against Internal Security
Limitation period in connection with offenses against internal
security, see section 783 of Title 50, War and National Defense.
Sections 792, 793, and 794 of This Title; Limitation Period
Limitation period in connection with sections 792, 793, and 794 of
this title, see note set out under section 792.
Section Referred to in Other Sections
This section is referred to in sections 1091, 3286 of this title.
