NCJ Number
72572
Date Published
1980
Length
776 pages
Annotation
H. R. 6915 consists of three titles. Title I repeals title 18 of the U.S. Code, replacing it with a comprehensive and uniform criminal code. Title II reenacts certain provisions of title 18 and makes changes in criminal provisions outside title 18. Title II contains the effective date for the legislation.
Abstract
The proposed new criminal code established by title 1 is divided into five subtitles. Subtitle 1, Provisions of General Applicability, defines terms used, sets forth bars and defenses applicable to criminal offenses, defines culpable states of mind used in the description of the crimes, and the principles of accomplice liability. Subtitle 2 defines criminal offenses and classifies them for purposes of punishment. If the punishment for the offense depends on several factors, the second subsection contains the classification of the offenses. Special definitions, defenses, and bars are set forth in separate subsections. The final subsection describes those situations in which the Federal government can prosecute the offense. Subtitle 3 deals with sentencing; it establishes the punishment a Federal judge is authorized to impose and defines the maximum prison term and maximum fine for each offense class. It also describes the factors for consideration and the procedure for imposition of sentence. Subtitle 4 contains matters relating to administration and procedure, such as the Interstate Agreement on Detainers and the method by which a court order authorizing a wiretap may be obtained. Subtitle 5 establishes forfeiture of property, civil actions to restrain racketeering activities, and the imposition of civil disabilities upon convicted defendants. In title 2's reenactment of certain title 18 offenses which prohibit a specific and narrowly defined conduct, gender references have been removed and some obsolete penalty and other provisions were modified. Subtitle 2 of title 2 consist primarily of technical and conforming amendments. However, it also amends certain provisions of titles 28 and 42 of the U.S. Code in order to facilitate the prevention of 'child-snatching' (parental kidnapping). Supplemental materials (budget authority, cost estimates, etc.) and dissenting views are included. (Author abstract modified)