HISTORICAL & REVISION NOTES (18 U.S.C. § 3282)


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 DATES

1954 Acts. 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.


 

 

 

 

 

 

 

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Page Last Updated:  April 28, 2013