Criminal Code Revision Act of 1981

Criminal Code Revision Act of 1981 - Title I: Revision of Title 18 - Amends in its entirety title 18 of the United States Code, the Federal criminal code. Subdivides such title into the following subtitles: (1) provisions of general applicability; (2) offenses; (3) sentencing and corrections; (4) administration and procedure; and (5) ancillary civil proceedings.

Subtitle I: Provisions of General Applicability - Sets forth 36 general definitions. Provides that particular offenses may include separate Federal jurisdictional requirements.

Directs the Attorney General to prescribe guidelines for the exercise of Federal enforcement efforts where there is concurrent State or local jurisdiction. Requires these guidelines to provide for the discontinuation of Federal efforts unless a demonstrable, substantial interest would be served. Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise.

Declares that Federal jurisdiction is not generally preemptive of State jurisdiction, but enumerates offenses with respect to which the Attorney General may order preemption.

Decreases from 78 to four the mental states for criminal culpability ("intentional," "knowing," "reckless," and "negligent").

Sets forth general rules for criminal complicity. Makes a person who facilitates commission of certain, enumerated "predicate offenses" by providing substantial assistance liable as a facilitator.

Codifies the rule making a coconspirator liable for the reasonably foreseeable criminal conduct of another person (the "Pinkerton doctrine").

Limits organizational liability based on the acts of an agent to conduct occurring within the agent's scope of employment or within the agent's "actual" or "implied" authority.

Makes it a bar to prosecution that the defendant was less than 18 years old at the time of the offense, but allows the prosecution of a defendant who is at least 16 and commits a class A, B, or C felony.

Sets forth a general statute of limitations of five years for a felony or misdemeanor and three years for an infraction. (Currently such limits vary with the offense.) Permits an extended period for certain concealable offenses, such as fraud or misconduct in office.

Sets forth as statutory law the following defenses to criminal liability: (1) insanity; (2) intoxication; (3) mistake of fact or law; (4) protection of persons; and (5) protection of property. Sets forth as affirmative defenses: (1) duress; and (2) reliance upon official misstatement.

Subtitle II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) attempt and conspiracy; (2) offenses involving national defense; (3) offenses involving international affairs; (4) offenses involving government process; (5) offenses involving revenue; (6) offenses involving individual rights; (7) offenses involving the person; (8) offenses involving property; and (9) miscellaneous offenses.

Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based of five classes of felonies (A to E) and three classes of misdemeanors (A to C); and (2) levels of fines according to the type of offense.

Repeals the Smith Act (prohibiting advocating the overthrow of the government) and the current prohibition against spreading false information during wartime with intent to aid the enemy.

Includes the offense of criminal "attempt" only insofar as provided by specific offenses. Includes "solicitation" with respect to certain, enumerated "predicate offenses."

Includes among new Federal offenses: (1) obstructing a Government inspection by fraud or by physical interference; (2) a general crime of making false written statements; (3) speculating on official action or information; (4) a series of offenses covering the obstruction of political rights; (5) possession of an eavesdropping device; (6) Government program bribery; (7) trafficking in stolen property; (8) sexual abuse of a ward; and (9) operating a racketeering syndicate.

Revises numerous offenses.

Adds a new "renunciation" defense to the offense of conspiracy.

Limits the offense of "impairing military effectiveness" to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired.

Revises "criminal contempt" to impose a maximum prison sentence of five days and a fine of $500. (Current law imposes no such limits.) Makes it a bar to punishment that the court order is unconstitutional or that the order is invalid and the offender has taken reasonable steps to obtain judicial review.

Limits the offense of "obstructing a Government function by physical action" to: (1) the service or execution of authorized legal documents; (2) the performance of extradition or Secret Service duties; (3) the performance of duties under court order; (4) passage of the U.S. mail; or (5) execution of an arrest by a law enforcement officer.

Changes the offense of "bail jumping" to vary the penalties according to the category of offense.

Consolidates numerous false statement statutes under current law. Limits this offense to written or recorded statements. Punishes oral false statements only with respect to misprision of a felony, false implication of another, or false statements about emergencies.

Requires that a Government public servant who commits the offense of "tampering with a Government record" be disqualified from office for a period of up to five years.

Cross-references the offense of "tax evasion" to existing prohibitions under the Internal Revenue Code.

Modifies "civil rights offenses" to: (1) include all "persons" (current law protects "citizens"); (2) allow for a single offender (current law requires a conspiracy); and (3) prohibit discrimination based on sex (current law includes race, color, religion, or national origin). Eliminates the specific intent requirement, but identifies a number of serious crimes which violate constitutional rights.

Carries forward, in modified form, felony murder.

Extends Federal jurisdiction over any contract murder involving interstate commerce.

Expands the offense of homicide of U.S. officials to include Supreme Court justices, cabinet heads, and high-ranking employees in the Executive Office of the President or Office of the Vice President.

Revises various sex offenses to eliminate distinctions as to the sex of the offender or victim. Redesignates rape as aggravated criminal sexual assault, and includes additional acts with respect to such offense. Applies the interspousal exemption to aggravated criminal sexual assault and lesser sex offenses.

Provides, with respect to sexual abuse of a minor, that the victims must be less than 16 years old, but imposes no age differential requirement between violator and victim.

Eliminates the "affecting commerce" jurisdictional basis with respect to robbery.

Retains language under the Hobbs Act which defines extortion as "wrongfully" obtaining the property of another, but declares that it shall not be a defense to such crime that the conduct was in furtherance of a legitimate objective or activity if the conduct consists of violence or threats to person or property and is punishable by more than two years imprisonment under Federal or State law.

Consolidates numerous theft statutes under current law. Varies the penalties with the value and type of property stolen.

Revises the crime of "executing a fraudulent scheme" to cover pyramid sales schemes. Extends Federal jurisdiction to include obtaining at least $100,000 in insurance proceeds through the offense of arson.

Extends Federal jurisdiction over the counterfeiting of securities or bonds issued by a State or local government which are in interstate or foreign commerce.

Extends the scope of labor bribery to include bribery involving union membership procedures and work placement.

Revises "loansharking" to add as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent. (Such a rate only evidences extortion under current law).

Raises the penalties for large-scale trafficking in marihuana and cocaine.

Limits the current offense of using or carrying a firearm during commission of a Federal felony to crimes of violence. Expands this crime to include the carrying or use of an imitation firearm or explosive. Establishes a mandatory two-year minimum sentence for a first offender who uses a firearm or explosive which was capable of causing serious bodily injury. Makes such offender ineligible for parole.

Narrows the applicability of "riot offenses" by defining "riot" as involving at least ten persons (three in current law).

Conforms the definition of "obscene material" to Supreme Court decisions for the purposes of the offense of "transferring or exhibiting obscene material." Makes it a bar to prosecution that the transfer, exhibit, or possession was legal in the State or locality where it occurred.

Replaces the current Mann Act with an offense entitled "Engaging in a Prostitution Business."

Subtitle III: Sentencing and Corrections - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment, probation, or conditional discharge, and to receive additional sanctions including a fine or an order of restitution in cases involving bodily injury or property damage.

Sets forth the general purposes of sentencing.

Specifies factors to be considered by a sentencing court, including the applicable sentencing guidelines prescribed by the Judicial Conference of the United States.

Requires the court to impose a sentence which is consistent with the sentencing guidelines, unless aggravating or mitigating circumstances exist. Requires the court to state the specific reasons for imposing a sentence which is not consistent with the guidelines. Requires presentence hearings to resolve issues of fact which are essential to the sentencing decision. Authorizes the court to permit the parties to subpoena and cross-examine witnesses.

Authorizes imposition of a term of probation for all but the most serious class of felonies. Requires as mandatory conditions of probation that the defendant: (1) not commit another Federal or State crime; and (2) make restitution if practicable. Enumerates 18 discretionary conditions.

Sets forth revocation procedures for violations of a sentence of conditional discharge, probation, or restitution.

Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's status in determining the amount of a fine and the method of payment.

Sets maximum terms of imprisonment for five classes of felonies (A to E) and three classes of misdemeanors (A to C). Sets the maximum at 16 years for class B felonies, 8 years for class C felonies, four years for class D felonies, and two years for class E felonies.

Establishes the death penalty for murder, espionage, treason, and aircraft hijacking. Requires the holding of a separate sentencing hearing in capital cases to determine the existence of aggravating or mitigating circumstances.

Eliminates the "good time" provisions of current law.

Allows a defendant and the Government to appeal a sentence.

Directs the Judicial Conference of the United States to prescribe guidelines for use by a sentencing court. Establishes within the Conference a Committee on Sentencing to make guideline recommendations.

Eliminates the parole system, except with respect to offenders sentenced before the effective date of the sentencing guidelines. Retains parole with regard to these offenders for five years following the effective date of the guidelines. Increases the minimum period for parole eligibility from one-thrid to one-half of the term of imprisonment served.

Subtitle IV: Administration and Procedure - Leaves generally unchanged the rules respecting venue. Limits the prosecution of transferring obscenity to the districts where the material was disseminated or the offense was completed.

Repeals the Bail Reform Act of 1966 and sets forth new bail procedures.

Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination.

Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, if the person may flee or endanger any person or the community.

Authorizes a judicial officer to order the pretrial detention of any person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense.

Requires that a detention hearing be held in cases involving certain serious crimes.

Amends the wiretapping law to restrict the interception of communications without a court order in emergency situations to the offenses of treason, espionage, sabotage, or racketeering.

Establishes new procedures requiring authorization for investigative use of a "pen register" (a mechanical device which records numbers dialed on a telephone line to which it is attached).

Subtitle V: Ancillary Civil Proceedings - Consolidates and enumerates 22 offenses for which the Attorney General may initiate civil forfeiture proceedings.

Title II: Reenactment of Certain Portions of Former Title 18 with Substantive Changes, Amendments to Laws Outside of Title 18, and Technical and Conforming Provisions - Reenacts various current offenses under title 18, amending the penalties to conform with the new general penalty provisions under title I.

Restates generally unchanged the Gun Control Act of 1968 (see title I above for criminal offenses).

Reenacts the Logan Act (prohibiting private communication with a foreign government to influence foreign policy).

Amends offenses outside of title 18 to cross-reference to offenses and penalties under this Act.

Revises Federal habeas corpus procedures. Prohibits U.S. magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners except by consent of the parties.

Conditions consideration of a habeas corpus claim by a State prisoner on a showing of prejudice resulting from the Federal right violated and that: (1) the Federal right did not previously exist; (2) State action precluded assertion of the right; or (3) the factual basis of the claim could not have been discovered by reasonable diligence.

Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners.

Prohibits, with certain exceptions, the holding of an evidentiary hearing in Federal court when the State court records show that the factual issue has been litigated.