18 U.S.C. § 1091 Genocide

• Library: U.S. Code
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Citation: 18 U.S.C. § 1091
• Year: 2023

(a) BASIC OFFENSE.-Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such-

(1) kills members of that group;

(2) causes serious bodily injury to members of that group;

(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

(4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

(5) imposes measures intended to prevent births within the group; or

(6) transfers by force children of the group to another group;

shall be punished as provided in subsection (b).

(b) PUNISHMENT FOR BASIC OFFENSE.-The punishment for an offense under subsection (a) is-

(1) in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and

(2) a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.

(c) INCITEMENT OFFENSE.-Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

(d) ATTEMPT AND CONSPIRACY.-Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

(e) JURISDICTION.-There is jurisdiction over the offenses described in subsections (a), (c), and (d) if-

(1) the offense is committed in whole or in part within the United States; or

(2) regardless of where the offense is committed, the alleged offender is-

(A) a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ));

(B) an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ));

(C) a stateless person whose habitual residence is in the United States; or

(D) present in the United States.

(f) NONAPPLICABILITY OF CERTAIN LIMITATIONS.-Notwithstanding section 3282, in the case of an offense under this section, an indictment may be found, or information instituted, at any time without limitation.

Cite as 18 U.S.C. § 1091