18 USC 401 - Sec. 401. Power of court

18 USC - U.S. Code - Title 18: Crimes and Criminal Procedure (January 2004)


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Text:

A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as - (1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice; (2) Misbehavior of any of its officers in their official transactions; (3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.


Historical And Revision Notes

Based on section 385 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, Sec. 268, 36 Stat. 1163). Said section 385 conferred two powers.

The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary.

The second part relating to contempt of court constitutes this section.

Changes in phraseology and arrangement were made. AMENDMENTS 2002 - Pub. L. 107-273 inserted "or both," after "fine or imprisonment," in introductory provisions.

Section Referred To In Other Sections

This section is referred to in section 3148 of this title.

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