§ 3283. — Child abuse offenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3283]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 213--LIMITATIONS
Sec. 3283. Child abuse offenses
No statute of limitations that would otherwise preclude prosecution
for an offense involving the sexual or physical abuse of a child under
the age of 18 years shall preclude such prosecution before the child
reaches the age of 25 years.
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 103-322, title XXXIII,
Sec. 330018(a), Sept. 13, 1994, 108 Stat. 2149.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 584 (R.S. Sec. 1046; July
5, 1884, ch. 225, Sec. 2, 23 Stat. 122).
Words ``customs laws'' were substituted for ``revenue laws,'' since
different limitations are provided for internal revenue violations by
section 3748 of title 26, U.S.C., 1940 ed., Internal Revenue Code.
This section was held to apply to offenses under the customs laws.
Those offenses are within the term ``revenue laws'' but not within the
term ``internal revenue laws''. United States v. Hirsch (1879, 100 U.S.
33, 25 L. Ed. 539), United States v. Shorey (1869, Fed. Cas. No.
16,282), and United States v. Platt (1840, Fed. Cas. No. 16,054a)
applied this section in customs cases. Hence it appears that there was
no proper basis for the complete elimination from section 584 of title
18, U.S.C., 1940 ed., of the reference to revenue laws.
Meaning of ``revenue laws''. United States v. Norton (1876, 91 U.S.
566, 23 L.Ed. 454), quoting Webster that ``revenue'' refers to ``The
income of a nation, derived from its taxes, duties, or other sources,
for the payment of the national expenses.'' Quoting United States v.
Mayo (1813, Fed. Cas. No. 15,755) that ``revenue laws'' meant such laws
``as are made for the direct and avowed purpose of creating revenue or
public funds for the service of the Government.''
Definition of revenue. ``Revenue'' is the income of a State, and the
revenue of the Post Office Department, being raised by a tax on mailable
matter conveyed in the mail, and which is disbursed in the public
service, is as much a part of the income of the government as moneys
collected for duties on imports (United States v. Bromley, 53 U.S. 88,
99, 13 L. Ed. 905).
``Revenue'' is the product or fruit of taxation. It matters not in
what form the power of taxation may be exercised or to what subjects it
may be applied, its exercise is intended to provide means for the
support of the Government, and the means provided are necessarily to be
regarded as the internal revenue. Duties upon imports are imposed for
the same general object and, because they are so imposed, the money thus
produced is considered revenue, not because it is derived from any
particular source (United States v. Wright, 1870, Fed. Cas. No. 16,770).
``Revenue law'' is defined as a law for direct object of imposing
and collecting taxes, dues, imports, and excises for government and its
purposes (In re Mendenhall, D.C. Mont. 1935, 10 F. Supp. 122).
Act Cong. March 2, 1799, ch. 22, 1 Stat. 627, regulating the
collection of duties on imports, is a revenue law, within the meaning of
act Cong. April 18, 1818, ch. 70, 3 Stat. 433, providing for the mode of
suing for and recovering penalties and forfeitures for violations of the
revenue laws of the United States (The Abigail, 1824, Fed. Cas. No. 18).
Changes were made in phraseology.
Amendments
1994--Pub. L. 103-322 substituted ``Child abuse offenses'' for
``Customs and slave trade violations'' as section catchline and amended
text generally. Prior to amendment, text read as follows: ``No person
shall be prosecuted, tried or punished for any violation of the customs
laws or the slave trade laws of the United States unless the indictment
is found or the information is instituted within five years next after
the commission of the offense.''
