§ 401. — Power of court.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC401]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 21--CONTEMPTS
Sec. 401. Power of court
A court of the United States shall have power to punish by fine or
imprisonment, or both, at its discretion, such contempt of its
authority, and none other, as--
(1) Misbehavior of any person in its presence or so near thereto
as to obstruct the administration of justice;
(2) Misbehavior of any of its officers in their official
transactions;
(3) Disobedience or resistance to its lawful writ, process,
order, rule, decree, or command.
(June 25, 1948, ch. 645, 62 Stat. 701; Pub. L. 107-273, div. B, title
III, Sec. 3002(a)(1), Nov. 2, 2002, 116 Stat. 1805.)
Historical and Revision Notes
Based on section 385 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, Sec. 268, 36 Stat. 1163).
Said section 385 conferred two powers. The first part authorizing
courts of the United States to impose and administer oaths will remain
in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary. The second
part relating to contempt of court constitutes this section.
Changes in phraseology and arrangement were made.
Amendments
2002--Pub. L. 107-273 inserted ``or both,'' after ``fine or
imprisonment,'' in introductory provisions.
Section Referred to in Other Sections
This section is referred to in section 3148 of this title.
