See the video here

Case Law and Statutory Changes

- Just the Highlights -

Larissa T. Roeder

Assistant District Attorney

Dallas County, Texas

214/653-3627

Fax: 214/653-3643

July 17, 2008

CASE LAW

State v. Beam, 226 S.W.3d 392 (Tex. 2007)

      On June 1, 2007, the Texas Supreme Court issued an opinion upholding the line of cases, which required the expiration of the statute of limitations as a condition precedent to the expunction of arrest records in all cases where the arrested person was NOT charged by indictment with the commission of a felony offense.

·        Dallas County Dist. Attorney’s State v. Bhat, 127 S.W.3d 435 (Tex. App.–Dallas, 2004, no pet.) (holding evidence legally sufficient to support order granting expunction of misdemeanor arrest for assault where statute of limitations had not expired, in case where charges were never filed and victim refused to file a complaint)

·        Collin County Criminal Dist. Attorney’s Office. v. Dobson, 167 S.W.3d 625 (Tex. App.–Dallas 2005, no pet.) (holding evidence legally insufficient to support expunction of misdemeanor arrest where statute of limitations had not expired)

·        State v. L.T., No. 05-04-00759-CV, 2004 Tex. App. LEXIS 11610, *1 (Tex. App.–Dallas, Dec. 22, 2004, no pet.) (reversing order granting expunction where petitioner was arrested for assault, case filed with court, but later dismissed after the petitioner completed an anger management course, and the petitioner did not prove statute of limitations had expired).

·        Collin County Criminal Dist. Attorney’s Office v. Russell, No. 05-04-00100-CV, 2005 Tex. App. LEXIS 105, at *1 (Tex. App.–Dallas, 2005, no pet.) (not designated for publication) (providing proof that statute of limitations expired is element of expunction in case where petitioner was arrested for a Class C misdemeanor offense).

·        Collin County Crim. Dist. Attorney’s Office v. Winger-Bearskin, No. 05-05-00924-CV 2006 Tex. App. LEXIS 1725 (Tex. App. Dallas Mar. 6, 2006) (reversed order granting expunction where the District Attorney’s office rejected the case before filing - petitioner was arrested for misdemeanor assault and the statute of limitations had not expired).

·        Dallas County Dist. Attorney’s Office v. Hoogerwerf, NO. 2-05-034-CV, 2005 Tex. App. LEXIS 10424, * 8 (Tex. App.– Fort Worth, 2005 no pet) (reversing order granting expunction where the defendant was arrested but never indicted for sexual assault and where the statute of limitations had not expired).

Rules for expunctions after Beam

I.          DO NOT FILE A PETITION FOR EXPUNCTION ON A  MISDEMEANOR CASE, other than one resulting in an acquittal,  UNTIL THE STATUTE OF LIMITATIONS HAS EXPIRED.

            This rule applies to:

1.                  Memo agreement dismissals

2.                  Dismissals after completion of a Divert Program

3.                  Dismissals after completion of BIPP

4.                  Cases dropped before being filed

5.                  Cases where the victim filed an affidavit of non-prosecution

6.                  “Friendly” dismissals

7.                  Dismissals based on payment of restitution

8.                  Dismissals based on the defendant’s enlistment in military service

            The State of Limitations on a misdemeanor offense is two (2) years from the date of the offense. Tex. Code Crim. Proc. Ann. art. 12.02 (Vernon Supp. 2007).  However “The time during the pendency of an indictment, information, or complaint shall not be computed in the period of limitation.” Tex. Code Crim. Proc. Ann. art. 12.05(b) (Vernon Supp. 2007) (emphasis added).  The Texas Department of Public Safety applies the Article 12.05 tolling provisions when calculating a petitioner’s eligibility for expunction, with limited exception.

             Tolling provisions are currently applied as follows:

1.        Where a person is arrested and no charges are filed, the statute of limitations is computed from date of offense to date of filing.

2.        Where charges are filed and later dismissed, the statute of limitations runs from the offense date until the date the case is filed, and then starts running again the date the case is dismissed.

3.        Exception: In cases where the defendant pleads to a lesser-included offense under the original information or indictment, a tolling objection will generally not apply and thus, the statute of limitations – calculated for the originally charged offense - is calculated from the date of offense. 

II.                 EXPIRATION OF THE STATUTE OF LIMITATIONS APPLIES TO ALL UNINDICTED FELONY OFFENSES. 

      What this means:

1.                  A person arrested for the commission of a felony, BUT NEVER CHARGED, must wait the statute of limitations before filing a petition for expunction.

2.                  A person charged by indictment with the commission of a felony and whose case has been dismissed after indictment, must wait the statute of limitations, TOLLING PROVISIONS CONSIDERED, before filing a petition for expunction unless he can prove the dismissal was based on an absence of probable cause.  See III.

3.                  A person arrested for a felony whose case is presented to the grand jury and results in a “no bill” MAY be eligible for an expunction before the expiration of the statue of limitations.                                                                                                                                             

** A grand jury “no bill” may serve as a judicial determination of no probable cause, but, if the arresting or prosecuting agency considers the investigation to be active, the petitioner will not be able to establish that the case is “no longer pending,” and thus, will not be able to establish eligibility for expunction under Article 55.01(a)(2)(B).

4.                  In cases where a person charged by indictment with the commission of a felony offense, pleads to a lesser-included Class C offense under the felony indictment, and subsequently has his case dismissed after completion of a deferred adjudication probation, that person must prove the expiration of the statute of limitations for the original felony offense. 

5.                  Dismissal based on trial court’s granting of a writ of habeas corpus -  A person who is convicted or receives a deferred adjudication probation and subsequently has his case dismissed after the “trial court” grants a writ of habeas corpus, is probably NOT eligible to receive a petition for expunction because he cannot establish eligibility under 55.01(a)(1) – convicted and pardoned,  55.01(a)(2)(B) – no conviction or community supervision, or 55.01(c) – convicted and acquitted “by the court of criminal appeals.”

**Reminder, when establishing eligibility for expunction under Article 55.01(a)(2), the petitioner must establish his eligibility under all three sub paragraphs, 55.01(a)(2)(A), (B), and (C).

III.             EXPIRATION OF THE STATUTE OF LIMITATIONS APPLIES TO INDICTED FELONY OFFENSES UNLESS THE PETITIONER CAN PROVE THE INDICTMENT WAS DISMISSED BECAUSE THE ORIGINAL INDICTMENT WAS ISSUED BASED UPON A MISTAKE OF FACT, FALSE INFORMATION, OR OTHER SIMILAR REASON INDICATING AN ABSENCE OF PROBABLE CAUSE AT THE TIME OF THE DISMISSAL TO BELIEVE THE PERSON COMMITTED THE OFFENSE. . . .

Where a petitioner seeks to expunge a “dismissed” felony case and the statute of limitations has not run, the petitioner must show both, that mistake, false information or other similar reason caused the indictment to be presented and that the fact of wrongful or mistaken presentment caused the dismissal.  A finding that the presentment was made because of false information or mistake requires proof that the grand jury based its decision to indict on erroneous facts. 

Things that generally DO NOT show an absence of probable cause include:

1.                              Proof that an indictment was dismissed because the evidence was insufficient to support a conviction does not establish an absence of probable cause. Harris County Dist. Attorney’s Office v. M.G.G., 866 S.W.2d 796 (Tex. App.–Houston [14^th Dist.] 1993, no pet.).

2.                              Showing a case was dismissed after the court granted a motion to suppress evidence - inadmissible confession, illegally seized evidence, etc. – does not establish that the factual underpinnings to the presentment and indictment of the offense were incorrect. An absence of probable cause to effect a valid search and seizure “does not vitiate the probable cause necessary for a grand jury to believe that a defendant is guilty of an offense.”  Harris County Dist. Attorney’s Office v. Pennington, 882 S.W.2d 529 (Tex. App.–Houston [1^st Dist.] 1994, no pet.); Kendall v. State, 997 S.W.2d 630 (Tex. App.–Dallas, 1998, no pet.). 

3.                              A dismissal based on the State’s inability to locate the victim or a witness at the time of trial will generally not establish an absence of probable cause. Texas Dep’t of Pub. Safety v. Mendoza, 952 S.W.2d 560 (Tex. App.–San Antonio 1997, no pet.).

4.                             A dismissal based on a victim’s refusal or inability to testify at trial does not establish that the case was dismissed because of false information, mistake, or other information indicating a lack of probable cause.  Barker v. State, 84 S.W.3d 409 (Tex. App.–Fort Worth 2002, no pet).

STATUTORY CHANGES

Service to governmental agencies via electronic transmission

            Article 55.02, §§ 2(c)(2)(c) and 3(c) now authorizes the District Clerk to serve governmental agencies via “secure electronic mail, electronic transmission, or facsimile transmission.”

1                    Attorney’s should change petitions and proposed orders to include service in accordance with these statutory changes. 

Private entities that sell criminal history record information are now subject to orders granting expunction.

What to do:

1.      List any private entities that sell criminal history record information purchased from DPS in your petition - as a party to be served by DPS.  The District Clerk’s Office will not serve private entities or governmental agencies not located in this state.

2.      If you know of a private company that continues to release information after an order of expunction is granted – DO NOT CONTACT ME.  Notify the private entity and/or the Texas Department of Public Safety.

Applicable provisions:

1.      A petitioner should now list in his petition, “private entities that compile and disseminate for compensation criminal history record information that the petitioner has reason to believe have information related to records or files that are subject to expunction.”  Tex. Code Crim. Proc. Ann. art. 55.02 § 2(b)(C) (Vernon Supp. 2007).

2.      When an order of expunction is final, “The Department of Public Safety shall also provide, by secure electronic mail, electronic transmission, or facsimile transmission, notice of the order to any private entity that is named in the order or that purchases criminal history record information from the department.”  Tex. Code Crim. Proc. Ann. art. 55.02 § 3(c-2) (Vernon Supp. 2007) (emphasis added).

3.      Government Code § 411.0851 provides: Duty of Private Entity to Update Criminal History Record Information; Civil Liability

(a)   A private entity that compiles and disseminates for compensation criminal history record information shall destroy and may not disseminate any information in the possession of the entity with respect to which the entity has received notice that:

            (1) an order of expunction has been issued under Article             55.02, Code of Criminal Procedure; or

By KEVIN KRAUSE / The Dallas Morning News
kkrause@dallasnews.com

The five-person team visited the jails during the first week in April and documented nagging problems in two 40-page reports filed as part of a federal lawsuit against Dallas County to force improvements in jail health care, sanitation and fire safety.

County commissioners are expected to discuss the report today in a closed session.

Many of the deficiencies noted were first pointed out in a scathing 2006 U.S. Justice Department report that said jail conditions contributed to the death and injury of numerous inmates and placed others at risk of serious harm.

The low marks, while not posing immediate consequences for the county, signal possible trouble in gaining elusive state jail certification. Commissioners say they’re confident the jails will meet all state standards by September.

Among the biggest problems noted in the latest monitoring report filed last week in federal court was that inmates with health problems weren’t seeing doctors fast enough. The report also said that inmates, especially those with chronic diseases, weren’t receiving prompt follow-up care.

Lack of an adequate jail infirmary and mental health facilities was cited among the biggest underlying problems.

Some inmates’ serious medical conditions got worse because the problems weren’t discovered at the initial screening or because inmates weren’t seen fast enough after screening, the report said.

“Many remaining issues relate to the ability to track patients, schedule patients and ensure that medical documents are in the electronic record,” the report said.

In one example cited, an inmate arriving at one of the jails told the medical staff he had a broken finger. A clinician saw the inmate the following day, but he didn’t receive appropriate evaluation and follow-up. The inmate’s diagnosis – a fractured finger – came six weeks later and required surgery to repair a poorly healed bone, the report said.

Another inmate who arrived with a history of tuberculosis was sent to the infirmary for evaluation. But no other clinical notes were found regarding the evaluation.

Few inmates had an examination within 14 days of arrival, the report said.

Commissioner John Wiley Price said he’s pleased with what the county has been able to accomplish in only three years, given what he described as 19 years of neglect.

“It didn’t get this way overnight, and it’s not going to get repaired overnight,” he said. “When you’ve seen where we’ve come from, the report speaks to what we’ve done in a short time.”

Sheriff Lupe Valdez, whose department manages the jails, said in a written statement that since the inspectors’ visit, “we have made significant progress” and moved “beyond the issues that were outlined in the report.”

Allen Clemson, the Commissioners Court administrator, said the quality of care in the jails is “outstanding” and better than any jail in the state.

“There will continually be issues. You’ll never be able to get it to 100 percent,” he said.

County officials signed an agreed order last year with the federal government that spells out what the county must do to improve sanitation and medical and mental health services in its jail system.

As part of that agreement, the county has to pay for several recognized experts in correctional health care to provide periodic monitoring reports on the jails during the next two years.

Mr. Clemson said the county will continue to address the issues the team finds.

The jails have not passed a state inspection since 2003. But Dallas County commissioners have spent more than $110 million on jail improvements. Parkland Memorial Hospital is now providing medical and mental health care, and a new jail tower is under construction.

The inspectors reported that Parkland admissions – an average of 44 per month – could be reduced if the jails had an improved infirmary and better chronic disease management.

County officials have planned for new examination rooms and other medical spaces in the jails to be completed in stages. While some construction projects are under way, a new jail infirmary isn’t scheduled to open for another three years, the report said.

Mr. Clemson said the county still is in the design phase of a planned $47 million infirmary that will have between 300 and 400 beds.

Other problems cited in the monitoring report include:

•Seriously ill inmates returning from the hospital who weren’t seen by a doctor for several days.

•Many patients with chronic illness who are “lost to follow up.”

•Some patients who aren’t getting their medications renewed.

•Lack of a reliable system for logging, tracking and responding to sick calls.

•Multiple problems with the electronic medical record system.

•Lack of working fire safety systems in all five jails.

Another problem noted was inadequate privacy during medical screening. Inspectors said that may have been why only two of 10 HIV-positive inmates reported their condition during the screening.

Mentally ill inmates are inappropriately locked in their cells for 23 hours a day, because of staffing shortages and lack of space for “out-of-cell time,” according to the report.

In the mental health category, other problems reported were a difficulty in tracking patients, lack of privacy, inadequate staffing and a lack of adequate space to conduct mental health evaluations.

The report highlighted several areas of improvement, including jail maintenance response times, the cleanliness of laundry, and a training program to help jail guards recognize and respond to health emergencies.

In addition, there is now excellent leadership of health operations, the jails are on a “steady foundation of funding,” and clinical staffs are of high quality, the report said.

A new federal report says problems remain in Dallas County jails. Among them:

•Difficulty tracking patients’ medical needs.

•Lack of privacy during medical screening.

•Lack of follow-up for inmates returning from the hospital.

•Inadequate fire safety systems in all five jails, including broken or inadequate alarm systems in four jails.

•Slow response to inmate sick calls.

•Use of dirty mattresses that can no longer be cleaned and should be thrown out.

•Improper use of chemical cleaning agents by inmates.

•Lack of dedicated sanitation officers.

Below is Scotusblog’s description of the case for those that (like me) can’t yet stomach reading the actual decision.

In the only decision of the day, the Supreme Court ruled unanimously on Wednesday that police do not act unconstitutionally if they conduct a search following an arrest, even if the arrest violated a state law. The ruling, written by Justice Antonin Scalia, came in Virginia v. Moore (06-1082) involving the discovery of crack cocaine in a search of a driver who had been stopped for driving on a suspended license.

So long as the police had probable cause to make the arrest, the Court said, it makes no difference that a state law barred police from making an arrest when the crime involved was only a misdemeanor traffic offense. “An arrest based on probable cause serves interests that have long been seen as sufficient to justify the seizure” of evidence after the arrest, the opinion added..

In the circumstance that confronted David Lee Moore of Portsmouth, Va., in 2003, police were supposed to give him only a ticket. But, instead, they arrested him, took him to a hotel where they conducted a personal search of Moore, finding about 16grams of cocaine in a jacket pocket and $516 in cash in a pants pocket. The evidence was used to convict Moore of possession of cocaine with intent to distribute it. He was sentenced to five years in prison, with 18 months of the sentence suspended.

The Court noted that, with its policy on ticketing only after a traffic offense, “Virginia chooses to protect individual privacy and dignity more than the Fourth Amendment requires.” But, it added, that choice does not make a resulting search invalid under the federal Constitution.

“Moore would allow Virginia to accord enhanced protection only on pain of accompanying that protection with federal remedies for Fourth Amendment violations, which often include the exclusionary rule. States unwilling to lose control over the remedy would have to abandon restrictions on arrest altogether. This is an odd consequence of a provision designed to protect against searches and seizures,” Scalia wrote.

The opinion was joined by all of the members of the Court except Justice Ruth Bader Ginsburg. She supported the result only, saying she would read the historical record differently.

David Finn

It’s old, so check the Federal Code before relying on the information.

A giant “Thank You” goes out to Sherri Katz, Research and Writing Specialist, Western District of Texas, Del Rio, Texas for her assistance in preparing the original presentation. Another “Thank You” to Sumter Camp, Assistant Federal Defender, Middle District of Tennessee, Nashville, Tennessee for reviewing the Misdemeanor list and updating it in the Winter of 2000.

APPENDIX A
MISDEMEANOR OFFENSES
The following list of statutes originated from an “ancient” file the saved in Adobe Acrobat. The list was provided by Fred Kay, Federal Public Defender, District of Arizona. The age of the original document is unknown, but appeared to predate 1981. It was reformatted and updated in the Spring of 2000 by the author. It was reviewed and updated again by Sumter Camp, Assistant Federal Defender, Middle District of Tennessee in the Winter of 2000.

Code of Federal Regulation offenses and assimilative crimes are not included.

Title 2

Title 2 U.S.C. § 167(a): (Library of Congress) - Public Use. 2 U.S.C. § 167(b): (Library of Congress) - Sale of articles; signs; solicitations. 2 U.S.C. § 167(c): (Library of Congress) - injuries to property (if does not exceed $100). 2 U.S.C. § 167(d): (Library of Congress) - Firearms or fireworks; speeches; objectionable language (if no damage which exceeds $100). 2 U.S.C. § 167(e): (Library of Congress) - Parades or assemblages; display of flags (if no damage which exceeds $100). 2 U.S.C. § 167(f): (Library of Congress) - Additional regulations; publication. effective date (if does not exceed $100). 2 U.S.C. § 167(g): (Library of Congress) - prosecution and punishment of offenses. 2 U.S.C. § 390: (Contested elections) - Penalty for failure to appear, testify, or produce documents.

Title 4

4 U.S.C. § 3: (District of Columbia) - Use of flag for advertising purposes; mutilation of flag.

Title 7

7 U.S.C. § 60: (Cotton standards) - Penalties for violations 7 U.S.C. § 86: (Grain standards) - Refusal of inspection and weighing services; civil penalties 7 U.S.C. § 136l(b)(1) & (2): (Pesticide control) - Penalties 7 U.S.C. § 150gg(a): (Plant Pests) - Criminal penalties (violations and altering and defacing documents). 7 U.S.C. § 163: (Nursery stock and other plants and plant products) -Violations; forgery, alterations, etc., of certificates; punishment, civil penalty. 7 U.S.C. § 166: (Agriculture products in U.S. Mails) - transmission of mailed packages for State inspection. 7 U.S.C. § 203: (Registration of stockyard dealer or market agency) - penalty for failure to register. 7 U.S.C. § 207(g): (Packers and Stockyards) - Schedule of rates.

7 U.S.C. § 207(h): (Packers and Stockyards) - Schedule of rates; penalties. 7 U.S.C. § 215: (Packers and Stockyards) - Failure to obey orders; Punishment. 7 U.S.C. § 270: (Warehouses) (Fraud etc.) - Punishment for penalties. 7 U.S.C. § 282: (Honeybees) - Punishment for unlawful importation. 7 U.S.C. § 472: (Cotton Statistics and Estimates) - Information furnished of confidential character; penalty for divulging
information.

7 U.S.C. § 473: (Cotton Statistics and Estimates) - Persons required to furnish information; request; failure to furnish; false information. 7 U.S.C. § 473c-2: (Cotton Statistics and Estimates) - Offenses in relation to sampling of cotton for classification. 7 U.S.C. § 499(c): (Perishable Agricultural Commodities) (Licenses) - penalty for failure to obtain. 7 U.S.C. § 503: (Tobacco Statistics) - Reports necessity; by whom made, penalties. 7 U.S.C. § 511(k): (Tobacco inspection) - penalties. 7 U.S.C. § 620: (Agricultural Adjustment) - Falsely ascribing deductions or charges to taxes; penalty. 7 U.S.C. § 953: (Peanut Statistics) - Reports; by whom made; penalties. 7 U.S.C. § 1596: (Seeds: Foreign Commerce) - Penalties (As applied to first violation only; penalty of up to $2,000 thereafter. 7 U.S.C. § 1642(c): (Stabilization of International Wheat Market) - Enforcement by President - Penalty for violation.

Title 8

8 U.S.C. § 1221(d): Penalties against noncomplying shipments or aircraft (Aliens - entry and exclusions). $300.00 penalty for each person concerning whom list is not prepared. Penalty paid to the Commissioner. 8 U.S.C. § 1281(d): (Alien Crewman) - violations.

8 U.S.C. § 1282(c): (Alien Crewman) - conditional permits to land temporarily - penalties. 8 U.S.C. § 1284(a): Control of alien crewmen - penalties for failure. $3000.00 penalty paid to the Commissioner for each alien crewman with respect to which failure occurs.

8 U.S.C. §1285: Employment on passenger vessels of aliens with certain disabilities. 8 U.S.C. § 1286: Discharge of alien crewmen; penalties. 8 U.S.C. §1287: Alien crewmen brought into the United States with intent to evade immigration laws. 8 U.S.C. § 1304(e): Personal possession of registration or receipt card; penalties. Up to $1000.00 fine, and/or up to 30 days imprisonment.

8 U.S.C. § 1306(a): (Aliens) - Willful failure to register. Penalty is up to $1,000.00 fine and/or up to 6 months imprisonment. 8 U.S.C. § 1306(b): (Aliens) - Failure to notify change of address. Penalty is up to $200.00 fine and/or up to 30 days imprisonment. In addition, a conviction under this section can be cause for removal under Title 8, Chapter 4. 8 U.S.C. § 1306(c): (Aliens) - Fraudulent statements. Penalty is up to $1,000.00 fine and/or up to six months imprisonment.

8 U.S.C. § 1321: (Aliens) - Prevention of unauthorized landing of aliens; failure to report; penalties. Penalty is up to $3,000.00 fine for each violation, imposed by the Attorney General.

8 U.S.C. § 1324(a)(B)(2)(A): Unlawful bringing of aliens into U.S. Penalty is $3,000.00 fine for each alien, paid to the Commissioner.

8 U.S.C. § 1325: Entry of Alien at improper time or place; misrepresentation and concealment of facts (first offense). Penalty is up to six months imprisonment and/or a fine imposed pursuant to Title 18.

Title 12

12 U.S.C. § 164: (Bank Examinations) - Penalty for failure to make reports. 12 U.S.C. § 334:(Federal Reserve System) - State Banks as Members of System 12 U.S.C. § 481: (Bank Examinations) - Appointment of examiners; examination of member banks, State banks, and trust

companies; reports”. 12 U.S.C. § 1723a(e): (Federal National Mortgage Association) - Prohibition against use of name; penalty for violation. 12 U.S.C. § 1828(h): (F.D.I.C.) - Penalties.

Title 13

13 U.S.C. § 212: (Census) - Refusal or neglect of employees to perform duties. 13 U.S.C. § 221(a) & (b): (Census) - Refusal or neglect to answer questions; false answers. 13 U.S.C. § 222: (Census) - Giving suggestions or information with intent to cause inaccurate enumeration of population. 13 U.S.C. § 223: (Census) - Refusal, by owners, proprietors, etc. to assist census employees. 13 U.S.C. § 224: (Census) - Failure to answer questions affecting companies, businesses, religious bodies, and other organizations, false answers; (as applied only to failure to answer; willfully false answer has a fine of up to $10,000). 13 U.S.C. § 305: (Census - Collection and Publication of Foreign Commerce and Trade Statistics) -Violations, penalties.

Title 14

14 U.S.C. § 83: (Coast Guard) - Unauthorized aids to maritime navigation; penalty. 14 U.S.C. § 84: (Coast Guard) - Interference with aids to navigation; penalty. 14 U.S.C. § 85: (Coast Guard) - Aids to maritime navigation on fixed structures; penalty. 14 U.S.C. § 639: (Coast Guard) - Penalty for unauthorized use of words “Coast Guard”. 14 U.S.C. § 892: (Coast Guard Reserve and Auxiliary) - Penalty.

Title 15

15 U.S.C. § 68(d: (Labeling of Wool Products) - Maintenance of records, penalties. 15 U.S.C. § 69f: (Labeling of Fur Products) - Maintenance of records, penalties). 15 U.S.C. § 78(u): (Securities and Exchanged) - Investigations; injunctions and prosecution of offenses. 15 U.S.C. § 78ff(b): (Securities and Exchanges) (failure to file information) Penalties.

15 U.S.C. § 79r(d): (Public Utility Holding Comp.) - Penalty for refusal to testify.

15 U.S.C. § 80b-9: (Investment Advisors) - Enforcement; penalties

15 U.S.C. § 233: (Standard Barrels) - Penalty for violations.

15 U.S.C. § 235: (Standard Barrels) - Sale or shipment of barrel of less capacity than standard; punishment.

15 U.S.C. § 241: (Standard Barrels) - Penalty for selling lime in unmarked barrels and containers.

15 U.S.C. § 298: (Gold and Silver) - Violations of law; penalty.

15 U.S.C. § 717t(b): (Natural Gas) - General penalties.

15 U.S.C. § 1004: (Golden Gate Bridge Tolls) - Penalties.

15 U.S.C. § 1007: (San Francisco-Oakland Bay Bridge) - Penalties

15 U.S.C. § 1212: (Household Refrigerators) - Violations, misdemeanor; penalties.

15 U.S.C. § 1233: (Disclosure of Automobile Information) - Violations and penalties.

Title 16

16 U.S.C. § 9a: (National Parks) - Violation of regulations as misdemeanor. 16 U.S.C. § 26: (National Parks - Yellowstone National Park) - Punishment for violations. 16 U.S.C. § 45e: (Sequoia and Yosemite National Parks) - Violations, penalty. 16 U.S.C. § 98: ( Mount Ranier National Historical Park) - forfeitures and punishments. 16 U.S.C. § 117c: (Mesa Verde National Park) - violations of statutes and rules. 16 U.S.C. § 127: (Crater Lake National Park) - rules and regulations; punishment. 16 U.S.C. § 146: (Wind Cave National Park) - Offenses. 16 U.S.C. § 170: (Glacier National Park) - regulations; punishment. 16 U.S.C. § 198c: (Rocky Mountain National Park) - Prohibited Acts; rules . and regulations; penalties. 16 U.S.C. § 204c: (Lassen Volcanic National Park) - Violations of statutes and rules; penalties. 16 U.S.C. § 256b: (Olympic National Park) - violation of statutes or rules; penalties. 16 U.S.C. § 354: (Denali National Park) - offenses; punishments. 16 U.S.C. § 373: (Hot Springs National Park) - injuries to property. 16 U.S.C. § 374: (Hot Springs National Park) - Violations of rules and regulations. 16 U.S.C. § 403c-3: (Shenandoah National Park and Great Smoky Mountains National Park) - Criminal offenses concerning hunting, fishing, and property.

16 U.S.C. § 403h-3: (Shenandoah National Park and Great Smoky Mountains National Park) - penalties for violating laws and rules. 16 U.S.C. § 404c-3: (Mammoth Cave National Park) - rules and regulations.

16 U.S.C. § 408k: (Isle Royale National Park) - violation of statutes or rules; penalties. 16 U.S.C. § 413: (National Military Parks) - Offenses relating to structures and vegetation. 16 U.S.C. § 414: (National Military Parks) - trespassing for hunting, or shooting. 16 U.S.C. § 422d: (Moores Creek National Military Park)’ - monuments, etc. protected. 16 U.S.C. § 423f: (Petersburg National Battlefield) - protection of monuments etc. 16 U.S.C. § 425g: (Various Parks in Virginia) - protection of monuments etc. 16 U.S.C. § 426i: (Stones River National Battlefield) - protection of monuments, etc. 16 U.S.C. § 430q: (Monocacy National Military Park) - offenses. 16 U.S.C. § 460k-3: (Nationa1 Conservation Recreation Areas) - Charges and fees; permits; regulations; penalties. 16 U.S.C. § 460n-5: (Lake Mead National Recreation Area) - violations and penalties. 16 U.S.C. § 606: (Cutting timber on certain mineral lands) - offenses; punishment. 16 U.S.C. § 666a: (Game, fur-bearing animals and fish) - penalties. 16 U.S.C. § 668: (Bald and golden eagles) - acts prohibited, penalty. 16 U.S.C. § 668dd(e): (National Wildlife Refuge System) - penalties. 16 U.S.C. § 690g: (Game and Bird Preserves; Protection) - violation of laws and regulations; penalty. 16 U.S.C. § 693a: (Game and Bird Preserves) - Rules and Regulations for administration of Ouachita National Forest; violations; penalties.] 16 U.S.C. § 707(a): (Migratory Bird Treaty) - violations and penalties. 16 U.S.C. § § 730: (Upper Mississippi River Wild Life and Fish Refuge) -violation of law or regulations; punishment. 16 U.S.C. § 773g: (Northern Pacific Halibut Act of 1982) - Crimes and criminal penalties 16 U.S.C. § 783: (Regulation of Sponges) - punishment for violations of law. 16 U.S.C. § 811: (F.P.C.) - operation of navigation facilities; rules and regulations;-penalties. 16 U.S.C. § 825o(b): (F.P.C.) - rules and regulations; penalties. 16 U.S.C. § 916e: (Regulation of Whaling) - failure to keep returns, records, reports. 16 U.S.C. § 957(e): (Tuna Conventions) - violations; fines and forfeitures (as applied only to first violation; $5,000 penalty for subsequent violations). 16 U.S.C. § 3373: (Illegally Taken Fish and Wildlife) - Penalties and sanctions.

Title 17

17 U.S.C. § 407 (Copyrights) - Deposit of copies or phonorecords for Library of Congress.

17 U.S.C. § 506 (Copyrights) - Criminal offenses.

17 U.S.C. § 506 (Copyrights) - Criminal offenses.

Title 18

18 U.S.C. § 3: Accessory after the fact (One half of the maximum punishment).

18 U.S.C. §§ 7 & 13: Special Maritime and territorial jurisdiction & Laws of States adopted for areas within federal jurisdiction

Aircraft and Motor Vehicles

18 U.S.C. § 35(a): Aircraft and Motcr Vehicles - importing or conveying false information.

Animals, Birds, Fish and Plants

18 U.S.C. § 41: Hunting, fishing, trapping; disturbance or injury on wildlife refuges 18 U.S.C. § 42(5)(b): Importation or shipment of injurious mammals, birds, fish, amphibia and reptiles 18 U.S.C. § 43(a): Animal enterprise terrorism 18 U.S.C. § 46: Transportation of water hyacinths 18 U.S.C. § 47: Use of aircraft or motor vehicles to hunt certain wild horses or burrows; pollution of watering holes

Assault

18 U.S.C. § 111: Assaulting, resisting, or impeding certain officers or employees (simple). 18 U.S.C. § 112(b): Protection of foreign officials, official guests, and internationally protected persons 18 U.S.C. § 113(a)(4-5): Assaults within maritime and territorial jurisdiction 18 U.S.C. § 115: Influencing, impeding, or retaliating against a federal official by threatening or injuring a family member (as punishable under 18 U.S.C. § 111).

Bankruptcy

18 U.S.C. § 154: Bankruptcy - adverse interest and conduct of referees and other officers. 18 U.S.C. § 155: Fee Agreements in cases under title 11 and receiverships 18 U.S.C. § 156: Knowing disregard of bankruptcy law or rule

Bribery, Graft, and Conflicts of Interest

18 U.S.C. § 201(c): Bribery of public officials and witnesses (A two year offense. However, accessory after the fact would

constitute a misdemeanor) 18 U.S.C. §§ 203-205, 207-209: These bribery and graft crimes provide for misdemeanors where the defendant “engages” in the conduct versus “willfully engages.”

18 U.S.C. § 210: Offer to procure appointive public office

18 U.S.C. § 211: Acceptance or solicitation to obtain appointive public office

18 U.S.C. § 212: Offer of loan or gratuity to bank examiner

18 U.S.C. § 213: Acceptance of loan or gratuity by bank examiner

18 U.S.C. § 214: Offer for procurement of federal reserve bank loan and discount of commercial paper

18 U.S.C. § 215: Receipt of commissions or gifts for procuring loans (under $1,000.00) 18 U.S.C. § 217: Acceptance of consideration for adjustment of farm indebtedness 18 U.S.C. § 219(a): Officers and employees acting as agents of foreign principals (A two year offense. However, accessory

after the fact would constitute a misdemeanor) 18 U.S.C. § 217: Acceptance of consideration for adjustment of farm indebtedness.

Child Support

18 U.S.C. § 228: Failure to pay legal child support obligations (first offense)

Civil Rights

18 U.S.C. §§ 242-248: These civil rights crimes provide for misdemeanors, dependent on the type of activity and the gravity of the injury, eg. whether the defendant causes bodily harm.

Claims and Services in Matters Affecting Government

18 U.S.C. § 288: False claims for postal losses 18 U.S.C. § 290: Discharge papers withheld by claim agent 18 U.S.C. § 291: Purchase of claims for fees by court officials (fine only) 18 U.S.C. § 292: Solicitation of employment and receipt of unapproved fees concerning federal employee’s compensation.

Coins and Currency

18 U.S.C. § 333: Mutilation of national bank obligations 18 U.S.C. § 336: Issuance of circulating obligations of less than $1 18 U.S.C. § 337: Coins as security for loans.

Congressional, Cabinet, and Supreme Court Assassination, Kidnapping and Assault

18 U.S.C. § 351(e): Congressional, Cabinet, and Supreme Court Assassination, Kidnapping and Assault; penalties (simple assault)

Conspiracy

18 U.S.C. § 371: Conspiracy to commit offense or to defraud U.S. (if the offense, the commission of which is the object of the conspiracy, is a misdemeanor, otherwise, maximum fine may be as much as $10,000).

Contempts

18 U.S.C. § 402: Contempts constituting crimes 18 U.S.C. § 403: Protection of the privacy of child victims and child witnesses crimes.

Contracts

18 U.S.C. § 435: U.S. employee making contracts in excess of specific appropriation. 18 U.S.C. § 438: Whoever receives money contrary to 25 U.S.C. 81,82 for Indian contracts generally. 18 U.S.C. § 439: (Receipt of money, etc.)- on Indian enrollment contracts.

18 U.S.C. § 440: Mail Contracts 18 U.S.C. § 441: Postal Supply contracts. 18 U.S.C. § 442: (Illegal interest in) printing contracts.

Counterfeiting and Forgery

18 U.S.C. § 475: Imitating obligations or securities; advertisements (of U.S.) 18 U.S.C. § 480: Possessing counterfeit foreign obligations or securities. 18 U.S.C. § 483: Uttering counterfeit foreign banknotes. 18 U.S.C. § 489: Making or possessing likeness of coins. 18 U.S.C. § 491: Tokens or paper used as money. 18 U.S.C. § 492: (Custody or control) - forfeiture of counterfeit paraphernalia. 18 U.S.C. § 498: Military or navel discharge papers 18 U.S.C. § 510: Forging endorsements on Treasury checks or bonds or securities of the united states (less than $1,000.00) 18 U.S.C. § 511A: Unauthorized application of theft prevention decal or device.

Customs

(Two year offenses. However, accessory after the fact would constitute a misdemeanor) Elections and Political Activities 18 U.S.C. § 594: Intimidating voters 18 U.S.C. § 595: Interference by administrative employees of Federal, State, or Territorial Governments. 18 U.S.C. § 596: Polling armed forces. 18 U.S.C. § 597: Expenditures to influence voting 18 U.S.C. § 598: (Elections) - coercion by means of relief appropriations 18 U.S.C. § 599: Promise of appointment of candidate (Two years if willful.) 18 U.S.C. § 600: Promise of employment or other benefit for political activity 18 U.S.C. § 601: Deprivation of employment or other benefit for political contribution 18 U.S.C. § 604: Solicitation from persons on relief (for political activity). 18 U.S.C. § 605: Disclosure of names of persons on relief. 18 U.S.C. § 611: Voting by Aliens

Embezzlement and Theft

18 U.S.C. § 641: (Embezzlement, etc.) - Public money, property or records (if not in excess of $1,000). 18 U.S.C. § 643: (Embezzlement) - Accounting generally for public money (if does not exceed $1,000).

18 U.S.C. § 644: (Embezzlement) - Banker receiving unauthorized deposit of public money (if not in excess or $1,000). 18 U.S.C. § 645: (Embezzlement) - Court officers generally (if amount does not exceed $1,000). 18 U.S.C. § 646: (Embezzlement) - Court officers depositing registry moneys (if amount does not exceed $1,000). 18 U.S.C. § 647: (Embezzlement) - Receiving loan from court officer (if amount does not exceed $1,000). 18 U.S.C. § 648: (Embezzlement) - Custodians, generally, misusing public funds (if amount does not exceed $1,000). 18 U.S.C. § 649: (Embezzlement) - Custodians failing to deposit moneys (if amount does not exceed $1,000). 18 U.S.C. § 650: (Embezzlement) - Depositories failing to safeguard deposits (if amount does not exceed $1,000). 18 U.S.C. § 651: Disbursing officer falsely certifying full-payment . (if amount does not exceed $1,000) 18 U.S.C. § 652: Disbursing officer paying lesser in lieu of lawful amount (if amount does not exceed $1,000. 18 U.S.C. § 653: Disbursing officer misusing public fund (if amount does not exceed $1,000). 18 U.S.C. § 654: Officer or employee of U.S. converting property of another (if does not exceed $1,000). 18 U.S.C. § 655: Theft by bank examiner (if amount does not exceed $1,000). 18 U.S.C. § 656: Theft, embezzlement, or misapplication by bank officer or employee (if amount does not exceed $1,000). 18 U.S.C. § 657: (Embezzlement) - Lending, credit and insurance institutions. (if amount does not exceed $1,000). 18 U.S.C. § 658: (Fraud, etc.) - Property mortgaged or pledged to farm, credit agencies (if amount does not exceed $1,000).

18 U.S.C. § 659: (Embezzlement, etc.) - Interstate OK foreign baggage express or freight (if amount does not exceed $1,000). 18 U.S.C. § 661: (Steals, etc. personal property of another) - within special maritime and territorial jurisdiction (if value does not exceed $1,000).

18 U.S.C. § 662: Receiving stolen property within special maritime and territorial jurisdiction (if property does not exceed $1,000). 18 U.S.C. § 665: Theft or embezzlement from employment and training funds; improper inducement; obstruction of
investigations (if property does not exceed $1,000). 18 U.S.C. § 669: Theft or embezzlement in connection with health care (if sum does not exceed $100)

Emblems, Insignia, and Names

18 U.S.C. § 700: Desecration of the flag 18 U.S.C. § 701: (Mfg., sells, possesses) - official badges, identification cards, other insignia. 18 U.S.C. § 702: (Unlawful wearing, etc.) - uniform of armed forces and public health service. 18 U.S.C. § 703: (Unlawful wearing, etc.) - uniform of a friendly nation. 18 U.S.C. § 704: (Unlawful wearing, etc.) - military medals or decorations. 18 U.S.C. § 705: (Unlawful mfg., possessing, etc.) ,- badge or medal of veterans’ organizations. 18 U.S.C. § 706: (Unlawful wearing,’ etc.) - sign, insignia of Red Cross.

18 U.S.C. § 707: 4-H Club emblem fraudulently used. 18 U.S.C. § 708: (Unlawful use, etc.) - Swiss Confederation Coat of Arms. 18 U.S.C. § 709: False advertising or misuse of names to indicate Federal agency. 18 U.S.C. § 710: (Unlawful use, etc.) - cremation urns for military use. 18 U.S.C. § 711: (Unlawful use, etc.) - “Smokey Bear” character or name. 18 U.S.C. § 711a: (Unlawful use, etc.) - “Woodsy Owl” character, name or slogan.. 18 U.S.C. § 712: Misuse of names by collecting agencies or private detective agencies to indicate Federal Agency. 18 U.S.C. § 713: (Unlawful use, etc.) - Presidential Seal, congressional seals 18 U.S.C. § 715: (Unlawful use, etc.) - “Golden Eagle Insignia”

Escape and Rescue

18 U.S.C. § 751(a)(b): (Escape) - Prisoners in custody of institution or officer (if held on misdemeanor). 18 U.S.C. § 752(a)(b): Instigating or assisting escape from Federal Officers (if held on charge of misdemeanor). 18 U.S.C. § 755: Officer (negligently) permitting escape.

Espionage and Censorship

18 U.S.C. § 795: Photographing and sketching defense installations. 18 U.S.C. § 796: Use of aircraft for photographing defense installations 18 U.S.C. § 797: Publication and sale of photographs of defense installations. 18 U.S.C. § 799: Violations of NASA regulations Explosives, etc. 18 U.S.C. § 836: Transportation of fireworks into State prohibiting sale or use. 18 U.S.C. § 844(b): Certain § 842 violations

Extortions and Threats

18 U.S.C. § 872: Extortion by officers or employees of U.S. (if amount does not exceed $100). 18 U.S.C. § 873: Blackmail 18 U.S.C. § 875: Interstate Communications (Two year statute. Accessory after the fact may make it a misdemeanor.) 18 U.S.C. § 876: Mailing threatening communications (Two year statute. Accessory after the fact may make it a misdemeanor.) 18 U.S.C. § 877: Mailing threatening communications from foreign country (Two year statute. Accessory after the fact may make it a misdemeanor.)

False Impersonation

18 U.S.C. § 916: (Defrauds, etc.) - 4-H Club Members or Agents.

18 U.S.C. § 917: (Defrauds, represents, etc.) - Red Cross Members or Agents.

Firearms

18 U.S.C. §§ 924: Penalties: False statements by dealers, violations of § 922(m), 922(q), 922(s), 922(t), and 922(x). 18 U.S.C. § 930: Possession of firearms and dangerous weapons in Federal Facilities.

Foreign Relations

18 U.S.C. § 961: (Aids, etc.) - Strengthening armed vessel of foreign nation.

Fraud and False Statements

18 U.S.C. § 1003: (Fraudulent, etc.) - Demands against the U.S. (if amount does not exceed $1,000). 18 U.S.C. § 1012: (False, etc.) - HUD transactions. 18 U.S.C. § 1013: (False, etc.) - Farm loan bonds and credit bank debentures. 18 U.S.C. § 1016: Acknowledgment of appearance or oath (Two year offense) 18 U.S.C. § 1018: (False statements, etc.) - Official certificates or writings. 18 U.S.C. § 1024: Purchase or receipt of military, naval, or veteran’s facilities property (Two year offense) 18 U.S.C. § 1025: False pretenses on high seas and other waters (if amount does not exceed $1,000). 18 U.S.C. § 1026: (False statement, etc.) - Compromise, adjustment and cancellation of farm indebtedness. 18 U.S.C. § 1028(b)(6): Certain Identification fraud. 18 U.S.C. § 1030(c)(2)(A): Certain Computer fraud

Gambling

18 U.S.C. § 1082: (Gambling Ships). (Two year offense) 18 U.S.C. § 1083: (Gambling). - Transportation between shore and ship.

Indians

18 U.S.C. § 1154: (First offense) - Intoxicants dispensed in Indian country. 18 U.S.C. § 1156: (First offense) - Intoxicants possessed in Indian country. 18 U.S.C. § 1163: Embezzlement and theft from Indian tribal organizations

(if amount does not exceed $1,000). 18 U.S.C. § 1164: Destroying (Indian) boundary and warning signs. 18 U.S.C. § 1165: Hunting, trapping, or fishing on Indian land. 18 U.S.C. § 1167: Theft from gaming establishments on Indian Land (sum less than $1,000) 18 U.S.C. § 1168: Theft by officers or employees of gaming establishments on Indian Land (sum less than $1,000) 18 U.S.C. § 1169: Reporting Child Abuse. 18 U.S.C. § 1170: Illegally trafficking in Native American human remains and cultural items (first offense)

Liquor Traffic

18 U.S.C. § 1262: Transportation (liquor, etc.) into State prohibiting sale. 18 U.S.C. § 1263: (Misrepresented, etc.) - marks and labels on packages (liquor). 18 U.S.C. § 1264: (Unlawful) - Delivery to consignee (liquor). 18 U.S.C. § 1265: (Unlawful) - C.O.D. Shipments (liquor).

Lotteries

18 U.S.C. § 1301: Importing or transporting lottery tickets (a two year offense) 18 U.S.C. § 1302: Mailing lottery tickets (a two year offense) 18 U.S.C. § 1303: Postmaster or employee as lottery agent. 18 U.S.C. § 1304: Broadcasting lottery information 18 U.S.C. § 1306: Participation by financial institutions

Malicious mischief

18 U.S.C. § 1361: (Malicious mischief) - Government property or contracts (if damage does not exceed $1,000).

Military and Navy

18 U.S.C. § 1382: Entering military, Naval, or Coast Guard property. 18 U.S.C. § 1384: Prostitution near military and naval establishments. 18 U.S.C. § 1385: Using Army or Navy as pose comitatus. (A two year offense)

Obscenity

18 U.S.C. § 1460: Possession with intent to sell on federal land (A two year offense) 18 U.S.C. § 1464: Broadcasting obscene language (A two year offense) 18 U.S.C. § 1468: Distributing obscene material by cable or subscription TV (A two year offense)

Obstruction of Justice

18 U.S.C. § 1501: Assault on Process Server. 18 U.S.C. § 1502: Resistence to extradition agent. 18 U.S.C. § 1503: Influencing or injuring officer or juror. (if offense being prosecuted was a misdemeanor) 18 U.S.C. § 1504: Influencing juror by writing. 18 U.S.C. § 1507: Picketing or parading 18 U.S.C. § 1508: Recording, listening to, or observing proceedings of grad or petit juries while deliberating or voting 18 U.S.C. § 1507: Obstruction of Court Orders 18 U.S.C. § 1512(c): Tampering (harassing) witness, victim or informant 18 U.S.C. § 1507: Retaliating against witness, victim or informant in a misdemeanor case.

Postal Service

18 U.S.C. § 1693: (Postal Service) - Carriage of mail generally. 18 U.S.C. § 1694: (Postal Service) - Carriage of matter out of mail over post routes. 18 U.S.C. § 1695: (Postal Service) - Carriage of matter out of mail on vessels. 18 U.S.C. § 1696: (Postal Service) - Private express for letters and packets. 18 U.S.C. § 1697: (Postal Service) - Transportation cf persons acting as private express. 18 U.S.C. § 1698: (Postal Service) - Prompt delivery of mail from vessel. 18 U.S.C. § 1699: (Postal Service) - Certification of delivery from vessel. 18 U.S.C. § 1700: Desertion of mails. 18 U.S.C. § 1701: Obstruction of mails generally. 18 U.S.C. § 1703(b), (c): Delay or destruction of mail or newspapers (employee). 18 U.S.C. § 1707: Theft of property used by postal service (if value does not exceed $1,000). 18 U.S.C. § 1710: (Postal Service) - Theft of newspapers. 18 U.S.C. § 1711: Misappropriation of Postal funds (if value does not exceed $1,000). 18 U.S.C. § 1713: Issuance of money orders without payment 18 U.S.C. § 1716: (Postal Service, Certain -) - Injurious articles as non-mailable (without intent to kill). 18 U.S.C. § 1716A: Nonmailable locksmithing devises and motor vehicle master keys 18 U.S.C. § 1716B: Nonmailable Plants 18 U.S.C. § 1716C: Forged agricultural certificates 18 U.S.C. § 1716D: Nonmailable injurious animals , plants illegally taken fish, animals and plants 18 U.S.C. § 1718 (Postal Service) - Libelous matters on wrappers or envelopes. 18 U.S.C. § 1719 (Misuse) - Franking privilege 18 U.S.C. § 1720 (Misuse of - if not postal employee) - Cancelled stamps and envelopes. 18 U.S.C. § 1721: Sale or pledge of stamps. 18 U.S.C. § 1722:(Postal Service) - False evidence to secure second-class rate 18 U.S.C. § 1723:(Postal Service) - Avoidance of postage by using lower class matter 18 U.S.C. § 1725:(Postal Service) - Postage unpaid on deposited mail matter. 18 U.S.C. § 1726: Postage collected unlawfully. 18 U.S.C. § 1729: Post Office conducted without authority. 18 U.S.C. § 1730: (Postal Service unlawful wearing) - uniforms of carriers 18 U.S.C. § 1731:(Postal Service) - Vehicles falsely labeled as carriers. 18 U.S.C. § 1732:(Postal Service) - Approval of Bonds or sureties by postmaster. 18 U.S.C. § 1733:(Postal Service) - Mailing periodicals without prepayment of postage 18 U.S.C. § 1734:(Postal Service) - Editorials and other matters as “advertisements 18 U.S.C. § 1738:(Postal Service) - Mailing private identification documents without disclaimers

Presidential and Presidential Staff Assassination, Kidnapping and Assault

18 U.S.C. § 1751: Simple assault on staff 18 U.S.C. § 1752: Temporary residences and offices -trespass and disruption

Prison Made Goods

18 U.S.C. § 1761: (Unlawful) - Transportation or importation (Two year offense). 18 U.S.C. § 1762: (Prison-made goods) - marking packages

Prisons

18 U.S.C. § 1791: Providing or possessing contraband (Certain items)

Professions and Occupations

18 U.S.C. § 1821:(Unlawful) - Transportation of dentures.

Public Lands

18 U.S.C. § 1851:(Public Lands) - Coal depredations.

18 U.S.C. § 1852:(Public Lands) - Timber removed or transported

18 U.S.C. § 1853:(Public Lands) - Trees cut or injured.

18 U.S.C. § 1854: (Public Lands) - Trees, boxed for pitch or turpentine.

18 U.S.C. § 1856:(Public Lands) - Fires left unattended and unextinguished.

18 U.S.C. § 1857:(Public Lands) - Fences destroyed; livestock entering

18 U.S.C. § 1858:(Public Lands) - Survey marks destroyed or removed

18 U.S.C. § 1860:(Public Lands) - Bids at land sales.

18 U.S.C. § 1861:(Public Lands) - Deception of prospective purchasers

18 U.S.C. § 1863:(Public Lands) - Trespass on National forest lands.

18 U.S.C. § 1864: Hazardous or injurious devises on Federal lands (certain offenses). Public Officers and Employees

18 U.S.C. § 1901:(Public Employees) - Collecting or disbursing officer trading in public property 18 U.S.C. § 1903:(Public Employees) - Speculation in stocks or commodities affecting crop insurance (A two year offense) 18 U.S.C. § 1905:(Public Employees) - Disclosure of confidential information generally 18 U.S.C. § 1906: Disclosure of information from bank examination report 18 U.S.C. § 1907: Disclosure of information from farm credit examiner 18 U.S.C. § 1909: Examiner providing other services 18 U.S.C. § 1911: Receiver mismanaging property 18 U.S.C. § 1912: Unauthorized fees for inspection of vessels. 18 U.S.C. § 1913: Lobbying with appropriated moneys 18 U.S.C. § 1915: Compromise of customs liabilities ( a two year offense) 18 U.S.C. § 1916: Unauthorized employment and disposition of lapsed appointments 18 U.S.C. § 1917: Interference with civil service examinations 18 U.S.C. § 1918: Disloyalty and asserting the right to strike against the government (One year and a day) 18 U.S.C. § 1919: False statement to obtain unemployment compensation for federal service 18 U.S.C. § 1920: False statement or fraud to obtain federal employee’s compensation 18 U.S.C. § 1921: Receiving Federal Employee’s compensation after marriage 18 U.S.C. § 1922: False or withheld report concerning Federal employee’s compensation 18 U.S.C. § 1923: Fraudulent receipt of payments of missing persons 18 U.S.C. § 1924: Unauthorized removal and retention of classified documents or material

Railroads

18 U.S.C. § 1991: Entering train to commit (certain) crimes

Records and Reports

18 U.S.C. § 2074: False weather reports. 18 U.S.C. § 2075: Officer failing to make returns or reports. 18 U.S.C. § 2076: (Failing to make reports) - Clerk of U.S. District Court.

Robbery and Burglary

18 U.S.C. § 2113(b): Bank robbery and incidental crimes (if does not exceed $1,000).

Seamen and Stowaways

18 U.S.C. § 2194: Shanghaiing sailors. 18 U.S.C. § 2195: Abandonment of sailors. 18 U.S.C. § 2196: Drunkenness or neglect of duty by seamen. 18 U.S.C. § 2199: Stowaways.

Searches and seizures

18 U.S.C. § 2233: Rescue of seized property (a two year offense) 18 U.S.C. § 2234: Authority exceeded in executing warrant 18 U.S.C. § 2235: Search warrant procured maliciously 18 U.S.C. § 2236: Searches without warrant

Sexual Abuse

18 U.S.C. § 2243(b): Sexual abuse of a ward 18 U.S.C. § 2244a)(4) & (b): Abusive sexual contact

Sexual Exploitation of children

18 U.S.C. § 2258: Failure to report child abuse

Shipping

18 U.S.C. § 2277: Explosives or dangerous weapons aboard vessels. 18 U.S.C. § 2278: Explosives on vessels carrying steerage passengers. 18 U.S.C. § 2279: Boarding vessels before arrival.

Stolen Property

18 U.S.C. § 2319: Criminal infringement of a copyright (less than $2,500.00)

Stored Wire and Electronic Communications and Transactional Records Access

18 U.S.C. § 2701(b)(2): Unlawful access to stored communications

Prohibition on release and use of certain personal information from state motor vehicle records

18 U.S.C. § 2723(a): Penalties

Pen Registers and Trap and Trace devices

18 U.S.C. § 3121(d): General prohibition on Pen Registers and Trap and Trace device use.

Release and Detention

18 U.S.C. § 3164(b): Penalty for failure to appear on a misdemeanor charge or material witness bond. 18 U.S.C. § 3167: Penalty for a misdemeanor committed while on release on a misdemeanor

Title 19

19 U.S.C. § 81s: (Customs Duties) - offenses. 19 U.S.C. § 1341(b): (Tariff Commission, interference) - penalty. 19 U.S.C. § 1436: (Customs Duties) - Penalties for violations of arrival, reporting, entry, and clearance requirements. 19 U.S.C. § 1454: (Vessels) - Unloading of passengers; penalty. 19 U.S.C. § 1497: (Customs) - Penalties for failure to declare.

19 U.S.C. § 1510: (Customs) - Judicial enforcement. 19 U.S.C. § 1584: (Customs) - Falsity or lack of manifest; penalties. 19 U.S.C. § 1595a: (Customs) - Forfeitures and other penalties.

Title 21

21 U.S.C. § 23: (Apples - commerce) -penalty for violations. 21 U.S.C. § 63: (Filled milk) - penalty for violations of law. 21 U.S.C. § 122: (Livestock - diseases) - offense; penalty. 21 U.S.C. § 134e: (Livestock - diseases - regulations) - penalties. 21 U.S.C. § 158: (Viruses, serums, etc.) - offenses; punishment. 21 U.S.C. § 212: (Practice of Pharmacy and Sale of Poisons in Consular Districts of China) - Offenses; punishment. 21 U.S.C. § 333: (Food and Drugs) - penalties (only on first conviction). 21 U.S.C. § 841(b)(3): (Food and Drugs) - Manufacturing, distributing, possessing with intent to distribute Schedule

V controlled substances. 21 U.S.C. § 841(b)(4): (Food and Drugs) - Distributing small amount of marihuana for no remuneration. 21 U.S.C. § 842(c)(2)(A): (Food and Drugs) - Dispensing violations. 21 U.S.C. § 844: (Food and Drugs) - Simple possession. 21 U.S.C. § 844a: (Food and Drugs) - Simple possession: Civil Penalty . 21 U.S.C. § 961: (Food and Drugs) - Shipment violations under § 954.

Title 26

26 U.S.C. § 5603(b): (Alcohol, Tobacco, and Other Excise Taxes) - failure to keep certain records. 26 U.S.C. § 5606: (Alcohol, Tobacco, and Other Excise Taxes) - Penalty relating to containers of distilled spirits. 26 U.S.C. § 5661(b): (Alcohol, Tobacco, and Other Excise Taxes) - Penalty and forfeiture for violation of laws,

regulations relating to wine, other offenses. 26 U.S.C. § 5662: (Alcohol, Tobacco, and Other Excise Taxes) - Penalty for alteration of wine labels. 26 U.S.C. § 5672: (Alcohol, Tobacco, and Other Excise Taxes) - Penalty for failure of brewers to comply with requirements and failure to keep records and file returns. 26 U.S.C. § 5674: (Alcohol, Tobacco, and Other Excise Taxes) - Penalty for unlawful production or removal of beer. 26 U.S.C. § 5675:(Alcohol, Tobacco, and Other Excise Taxes) - Penalty for intentional removal or defacement of brewers’ marks and brand. 26 U.S.C. § 5681(a): (Alcohol, Tobacco, and Other Excise Taxes) - Failure to post required sign. 26 U.S.C. § 5681(b): (Alcohol, Tobacco, and Other Excise Taxes) - Posting or displaying false sign. 26 U.S.C. § 5681(c): (Alcohol, Tobacco, and Other Excise Taxes) - Premises where no sign is placed or kept.

26 U.S.C. § 5683: (Alcohol, Tobacco, and Other Excise Taxes) - Penalty and forfeiture for removal of liquors under improper brands. 26 U.S.C. § 5687: (Alcohol, Tobacco, and Other Excise Taxes) - Penalty for offenses not specifically covered. 26 U.S.C. § 5762(b): (Tobacco) - Criminal penalties - other offenses. 26 U.S.C. § 7203: (Taxation) - Willful Failure to file return, supply information, or pay tax 26 U.S.C. § 7204: (Taxation) - Fraudulent statement or failure to make statement to employees. 26 U.S.C. § 7205: (Taxation) - Fraudulent withholding exemption certificate or failure to supply information. 26 U.S.C. § 7207: (Taxation) - Fraudulent returns, statements, or other documents. 26 U.S.C. § 7209: (Taxation) - Unauthorized use or sale of stamps. 26 U.S.C. § 7210: (Taxation) - Failure to obey summons. 26 U.S.C. § 7211: (Taxation) - False statements to purchasers or lessees relating to tax. 26 U.S.C. § 7212: (Taxation) - Attempts to interfere with administration of internal revenue laws (threats only) 26 U.S.C. § 7213(b): (Taxation) - Unauthorized disclosure of information. 26 U.S.C. § 7213A: (Taxation) - Unauthorized inspection of returns or return information 26 U.S.C. § 7214(b): (Taxation) - Interest of Internal Revenue officer or employee in tobacco or liquor production. 26 U.S.C. § 7215: (Taxation) - Offenses with respect to collected taxes 26 U.S.C. § 7216: (Taxation) - Disclosure or use of information by preparers of returns 26 U.S.C. § 7261: (Taxation) - Representation that retailers’ excise tax is excluded from price of article. 26 U.S.C. § 7268: (Taxation) - Possession with intent to sell in fraud of law or to evade tax. 26 U.S.C. § 7271: (Taxation) - Penalties for offenses relating to stamps (taxation). 26 U.S.C. § 7272: (Taxation) - Penalty for failure to register. 26 U.S.C. § 7273: (Taxation) - Penalties for offenses relating to special taxes. 26 U.S.C. § 7342: (Taxation) - Penalty for refusal to permit entry or examination (taxation).

Title 27

276 U.S.C. § 207: (Intoxicating Liquors) - Penalties. 26 U.S.C. § 208(d): (Intoxicating Liquors) - Interlocking directorates.

Title 29

29 U.S.C. § 530: (Labor) - Deprivation of rights by violence; penalty. 29 U.S.C. § 1844: (Migrant and Seasonal Agricultural Worker Protection) - Criminal sanctions]

Title 30

30 U.S.C. § 820(d): (Mine Safety and Health) - Criminal penalties.

30 U.S.C. § 820(e): (Mine Safety and Health) - Unauthorized advance notice of inspections.

Title 33

33 U.S.C. § 2072: (Navigation) - Violations of Inland Navigational Rules; civil penalties. 33 U.S.C. § 421: (Navigation) - Deposit of refuse, etc.; in Lake Michigan near Chicago. 33 U.S.C. § 443: (Navigation) - Permit for dumping;. penalty for taking or towing boat or scow without permit. 33 U.S.C. § 445: (Navigation) - Equipment and marking of boats or scows. 33 U.S.C. § 447: (Navigation) - Bribery of inspector; penalty. 33 U.S.C. § 448: (Navigation) - Return of permit; penalty for failure to return. 33 U.S.C. § 449: (Navigation) - Disposition of dredged matter; persons liable; penalty. 33 U.S.C. § 452: (Navigation) - Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty. 33 U.S.C. § 938: (Longshoremen’s and Harbor Workers Compensation) - Penalty for failure to secure payment of compensation. 33 U.S.C. § 1236: (Ports and Waterways Safety Program) - Penalties for violations of regulations.

Title 36

36 U.S.C. § 181: (Service Flags and lapel buttons) - approved by Secretary of Defense; license to manufacture and sell; penalties.

Title 38

38 U.S.C. § 1987: (National Service Life Insurance) - Penalties.

Title 40

40 U.S.C. § 193(h): (U.S. Capitol) - prosecution and punishment of offenses. 40 U.S.C. § 193(s): (Smithsonian Institution) - prosecution and punishment (if does not exceed $100). 40 U.S.C. § 332: (Hours of Labor on Public Works) - Violations; penalties.

Title 42

42 U.S.C. § 262: (Public Health) - Regulation of biological products, penalties for offenses. 42 U.S.C. § 271(a): (Public Health) - Penalties for violation of quarantine laws. 42 U.S.C. § 1307(a): (Social Security Act) - Penalty for fraud. 42 U.S.C. § 1713: (Compensation for injury, death, or detention of employees of contractors with the U.S. outside the U.S.) - Fraud; penalties. 42 U.S.C. § 1714: (Compensation for injury, death, or detention of employees of contractors with the U.S. outside the U.S.)-Legal services. 42 U.S.C. § 1974: (Federal Election Records) - penalty for violation. 42 U.S.C. § 1995: (Civil Rights) - Criminal contempt proceedings - penalties.

42 U.S.C. § 2000e-10: (Equal Employment Opportunity) - Posting of notices; penal&es. 42 U.S.C. § 2000e-5: (Equal Employment Opportunity) - Enforcement provisions, penalties. 42 U.S.C. § 2000e-8: (Equal Employment Opportunity) - Prohibited disclosures; penalties. 42 U.S.C. § 2278(a): (Atomic Energy) - Trespass upon Commission installations. 42 U.S.C. § 2278b: (Atomic Energy Act) - Photographing, etc., of Commission Installations; penalty.

Title 43

43 U.S.C. § 315a: (Grazing Lands) - Protection, administration,. regulation, and improvement of district; rules and regulations; offenses.

43 U.S.C. § 1064: (Unlawful inclosures or occupancy; obstructing settlement or transit) - violations of chapter; punishment.

Title 45

45 U.S.C. § 60: (Railroads, liability for injuries to employees) - penalty for suppression of voluntary information incident to accidents.

Title 46

46 U.S.C. § 59: (Shipping) - Penalty for neglect by officers. 46 U.S.C. § 163: (Shipping) - Regulations as TV boarding arriving vessels before inspection. 46 U.S.C. § 251: (Vessels of United States) - penalties (fish). 46 U.S.C. § 316: Towing U.S. vessels; fines and penalties. 46 U.S.C. § 319: (Shipping) - fine for trading without license 46 U.S.C. § 321: (Shipping) - penalty for illegal enrollment or license. 46 U.S.C. § 322: (Shipping) - penalty for malfeasance. 46 U.S.C. § 323: (Shipping) - penalty for forgery and alteration. 46 U.S.C. § 324: (Shipping) - penalty for obstructing officers. 46 U.S.C. § 355: (Passports and papers of vessels engaged in Foreign commerce) - penalty for failure. 46 U.S.C. § 738(c): (Shipping) - speed of vessel in ice region; penalty. 46 U.S.C. § 883a: (Merchant Marine Act) - penalty for failure to report. 46 U.S.C. § 3318(a): (Shipping) - Inspection Generally: penalties. 46 U.S.C. § 3502(e): (Shipping) - List or count of passengers. 46 U.S.C. § 6103: (Shipping) - Reporting Marine Casualties: Penalty. 46 U.S.C. § 8102: (Shipping) - Manning of Vessels: Watchmen. 46 U.S.C. § 8103(f): (Shipping) - Manning of Vessels: Citizenship and Naval Reserve requirements. 46 U.S.C. § 8702(e): (Shipping) - Unlicenced Personnel: Certain crew requirements.

46 U.S.C. § 10321: (Shipping) - Foreign and Intercoastal Voyages: General penalty. 46 U.S.C. § 10711: (Shipping) - Effects of Deceased Seamen: Penalties. 46 U.S.C. § 11102: (Shipping) - Protection and Relief: Medicine chests. 46 U.S.C. § 11104: (Shipping) - Protection and Relief: Destitute seamen.

Title 47

47 U.S.C. § 22: (Submarine Cable) - negligent injury to; punishment. 47 U.S.C. § 24: (Submarine Cable) - vessels laying cables; signals; avoidance of buoys. 47 U.S.C. § 25: (Submarine Cable) - fishing vessels; duty to keep nets from. cables. 47 U.S.C. § 502: (Wire and radio) - violation of rules and regulations. 47 U.S.C. § 507: (Wire and radio) - violation of Great Lakes Agreement.

Title 49

49 U.S.C. § 11901: (Rail) - General civil penalties. 49 U.S.C. § 11904: (Rail) - Unlawful disclosure of information. 49 U.S.C. § 46316: (Aviation Programs) - General criminal penalty when specific penalty not provided. 49 U.S.C. § 47306: (International Facilities) Criminal Penalty.

Title 50

Append. 473: (Department of Defense) - regulations governing liquor, sales; penalties. Append. 530: Eviction of distress during military service; stay; penalty for noncompliance. Append. 535: (Soldiers and Sailors’ Civil Relief Act) - Protection of assignor of life insurance policy; enforcement of storage liens; penalties.

David Finn

by: George R. Milner, III
Milner & Finn
Dallas, Texas
www.milnerfinn.com

I. INTRODUCTION

Most attorneys will begin their careers practicing in either state or federal court, but rarely both.

You might begin as a state prosecutor or public defender, and then become aprivate defense attorney. Alternatively, you might have begun as a federal prosecutor, public defender or clerking for a district judge. You become immersed in one system to the virtual exclusion of the other. As your practice changes, you start practicing in the other court system and wonder whether the differences are significant. “Hey, it’s the same country with the same federal constitution. How different could they be?” The answer is, plenty. And, the differences are not trivial. This article will analyze and compare federal criminal practice with Texas state criminal practice. It is an overview, and is not intended to be an in-depth analysis. It is designed to be a primer for attorneys who are well versed in one system and are beginning a practice in the other. There are many distinctions between practice in federal and state court. But, the trial procedures are relatively similar. Generally, practice in the federal courts tend to be more formal, whereas practice in state court may be less formal. This will obviously vary depending upon the particular judge, whether it be state or federal court. The federal constitutional principals are obviously identical.

State representation frequently begins with the arrest of your client. The client then hires an attorney to represent him or her in the anticipated criminal case. A federal criminal action could begin the same way. However, it is much more common that the client, known literally as a target, is aware of an on-going criminal investigation. The client should, and frequently does, hire an attorney during this investigative process. If the client has the slightest level of intelligence, he will immediately retain counsel upon learning of the existence of the investigation. Generally speaking, in the state system, the government arrests first, and then prepares a case for trial. In the federal system, the government prepares its case first and then arrests. Representation of a client in a federal criminal case is well beyond the scope of this article. This article is intended to only address the pragmatic distinctions between state and federal practice.

II. PRE-TRIAL ISSUES

A. Arrest

1. Texas Law

Texas law imposes no constitutional requirement to affect an arrest. Hulit v. State, 982 S.W 2d 431 (Tex. Crim. App. 1998). Tex. C. Crim P., Art. 14 provides for various situations where a peace office may or shall make a warrantless arrest. Article 14 further provides authority for a private citizen to affect a warrantless arrest.

An individual arrested in Texas is brought before a magistrate who will arraign the accused and set bail. Tex. C. Crim. P., Art. 14.06. This is almost always done in an ex parte manner with information coming almost exclusively from the police. Bail will usually be set at some amount which may be posted in cash or by a bonding company. The bail is posted with the sheriff of the county where the client has been arrested. Or, if the client is arrested pursuant to an out of county warrant, bail may be posted with the sheriff of the county where the warrant has been issued.

2. Federal Law

A federal arrest may, likewise, be made with or without a warrant. However, there is no statutory provision for a warrantless arrest. An arrest must simply be supported by probable cause. Draper v. United States, 385 U.S. 307 (1959). Most federal arrests are, however, made pursuant to a warrant. Warrantless arrests will be substantially more common in state court prosecutions.

The bail process in federal court is done