Chapter 201

Federal Crime Statutes
18 U.S. Code Part II
Chapter 201 — General Provisions

This chapter lays the groundwork for how the federal criminal justice system operates procedurally. As the opening chapter of Part II (Criminal Procedure) of Title 18, it defines key terms, establishes jurisdictional scope, and sets fundamental rules that apply across federal criminal cases. Though short, Chapter 201 is foundational. It ensures consistent interpretation and application of key terms and rules across the federal criminal process. For defendants, attorneys, and judges alike, it sets the stage for everything that follows — including arrest, pretrial detention, grand jury proceedings, trials, and sentencing.

Sections:

§ 3001 — Procedure governed by rules; scope, purpose and effect; definition of terms; local rules; forms—(Rule)

§ 3002 — Courts always open—(Rule)

§ 3003 — Calendars—(Rule)

§ 3004 — Decorum in court room—(Rule)

§ 3005 — Counsel and witnesses in capital cases

Whoever is indicted for treason or other capital crime shall be allowed to make his full defense by counsel; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses to appear on behalf of the prosecution.

§ 3006 — Assignment of counsel—(Rule)

§ 3006A — Adequate representation of defendants

1. Choice of Plan. Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation in accordance with this section. Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation. Each plan shall provide the following:
   1. Representation shall be provided for any financially eligible person who—
      1. is charged with a felony or a Class A misdemeanor;
      2. is a juvenile alleged to have committed an act of juvenile delinquency as defined in section 5031 of this title;
      3. is charged with a violation of probation;
      4. is under arrest, when such representation is required by law;
      5. is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release;
      6. is subject to a mental condition hearing under chapter 313 of this title;
      7. is in custody as a material witness;
      8. is entitled to appointment of counsel under the sixth amendment to the Constitution;
      9. faces loss of liberty in a case, and Federal law requires the appointment of counsel;
      10. is entitled to the appointment of counsel under section 4109 of this title.
   2. Whenever the United States magistrate judge or the court determines that the interests of justice so require, representation may be provided for any financially eligible person who—
      1. is charged with a Class B or C misdemeanor, or an infraction for which a sentence to confinement is authorized; or
      2. is seeking relief under section 2241, 2254, or 2255 of title 28.
   3. Private attorneys shall be appointed in a substantial proportion of the cases. Each plan may include, in addition to the provisions for private attorneys, either of the following or both:
      1. Attorneys furnished by a bar association or a legal aid agency,
      2. Attorneys furnished by a defender organization established in accordance with the provisions of subsection (g).

§ 3007 — Motions—(Rule)

§ 3008 — Service and filing of papers—(Rule)

§ 3009 — Records—(Rule)

§ 3010 — Exceptions unnecessary—(Rule)

§ 3011 — Computation of time—(Rule)

§ 3012 — repealed

§ 3013 — Special assessment on convicted persons

1. The court shall assess on any person convicted of an offense against the United States—
   1. in the case of an infraction or a misdemeanor—
      1. if the defendant is an individual—
         1. the amount of $5 in the case of an infraction or a class C misdemeanor;
         2. the amount of $10 in the case of a class B misdemeanor; and
         3. the amount of $25 in the case of a class A misdemeanor;
      2. if the defendant is a person other than an individual—
         1. the amount of $25 in the case of an infraction or a class C misdemeanor;
         2. the amount of $50 in the case of a class B misdemeanor; and
         3. the amount of $125 in the case of a class A misdemeanor;
   2. in the case of a felony—
      1. the amount of $100 if the defendant is an individual; and
      2. the amount of $400 if the defendant is a person other than an individual.
2. Such amount so assessed shall be collected in the manner that fines are collected in criminal cases.
3. The obligation to pay an assessment ceases five years after the date of the judgment. This subsection shall apply to all assessments irrespective of the date of imposition.
4. For the purposes of this section, an offense under section 13 of this title is an offense against the United States.

§ 3014 — Additional special assessment

(a)In General.—Beginning on the date of enactment of the Justice for Victims of Trafficking Act of 2015 and ending on September 30, 2025, in addition to the assessment imposed under section 3013, the court shall assess an amount of $5,000 on any non-indigent person or entity convicted of an offense under—

• (1) chapter 77 (relating to peonage, slavery, and trafficking in persons);
• (2) chapter 109A (relating to sexual abuse);
• (3) chapter 110 (relating to sexual exploitation and other abuse of children);
• (4) chapter 117 (relating to transportation for illegal sexual activity and related crimes); or
• (5) section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to human smuggling), unless the person induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

(b) Satisfaction of Other Court-Ordered Obligations.— An assessment under subsection (a) shall not be payable until the person subject to the assessment has satisfied all outstanding court-ordered fines, orders of restitution, and any other obligation related to victim-compensation arising from the criminal convictions on which the special assessment is based.

(c) Establishment of Domestic Trafficking Victims’ Fund.— There is established in the Treasury of the United States a fund, to be known as the “Domestic Trafficking Victims’ Fund” (referred to in this section as the “Fund”), to be administered by the Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services.

(d) Transfers.— In a manner consistent with section 3302(b) of title 31, there shall be transferred to the Fund from the General Fund of the Treasury an amount equal to the amount of the assessments collected under this section, which shall remain available until expended.

(e) Use of Funds.—

• (1) In general.—From amounts in the Fund, in addition to any other amounts available, and without further appropriation, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2016 through 2027, use amounts available in the Fund to award grants or enhance victims’ programming under—
  • (A) section 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20705);
  • (B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105);
  • (C) section 214(b) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20304);
  • (D) section 106 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21116).
• (2) Limitation.— Except as provided in subsection (h)(2), none of the amounts in the Fund may be used to provide health care or medical items or services.

(f) Collection Method.— The amount assessed under subsection (a) shall, subject to subsection (b), be collected in the manner that fines are collected in criminal cases, including the mandatory imposition of civil remedies for satisfaction of an unpaid fine as authorized under section 3613, where appropriate.

(g) Duration of Obligation.— Subject to section 3613(b), the obligation to pay an assessment imposed on or after the date of enactment of the Justice for Victims of Trafficking Act of 2015 shall not cease until the assessment is paid in full.

(h) Health or Medical Services.—

• (1) Transfer of funds.— From amounts appropriated under section 10503(b)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(1)) for fiscal year 2015 and each subsequent fiscal year (or period thereof), there shall be transferred to the Fund an amount equal to the amount transferred under subsection (d) for each fiscal year, except that the amount transferred under this paragraph shall not be less than $5,000,000 or more than $30,000,000 in each such fiscal year, and such amounts shall remain available until expended.
• (2) Use of funds.— The Attorney General, in coordination with the Secretary of Health and Human Services, shall use amounts transferred to the Fund under paragraph (1) to award grants that may be used for the provision of health care or medical items or services to victims of trafficking under—
  • (A) sections 202, 203, and 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044a, 14044b, and 14044c);
  • (B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105);
  • (C) section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
• (3) Grants.— Of the amounts in the Fund used under paragraph (1), not less than $2,000,000, if such amounts are available in the Fund during the relevant fiscal year, shall be used for grants to provide services for child pornography victims and child victims of a severe form of trafficking (as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102)) under section 214(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13002(b)).
• (4) Application of provision.— The application of the provisions of section 221(c) of the Medicare Access and CHIP Reauthorization Act of 2015, section 50901(e) of the Advancing Chronic Care, Extenders, and Social Services Act, section 3831 of the CARES Act, section 2101 of the Continuing Appropriations Act, 2021 and Other Extensions Act, section 1201(d) of the Further Continuing Appropriations Act, 2021, and Other Extensions Act, section 301(d) of division BB of the Consolidated Appropriations Act, 2021, section 2321(d) of the Continuing Appropriations Act, 2024 and Other Extensions Act, section 201(d) of the Further Continuing Appropriations and Other Extensions Act, 2024, section 101(d) of the Further Additional Continuing Appropriations and Other Extensions Act, 2024, section 101(d) of division G of the Consolidated Appropriations Act, 2024, section 3101(d) of the Health Extensions and Other Matters Act, 2025, and section 2101(d) of division B of the Full-Year Continuing Appropriations and Extensions Act, 2025 shall continue to apply to the amounts transferred pursuant to paragraph (1).