18 U.S.C. § 3156

Definitions

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(a) As used in sections 3141–3150 of this chapter—(1) the term “judicial officer” means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sentencing or pending appeal in a court of the United States, and any judge of the Superior Court of the District of Columbia;(2) the term “offense” means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress;(3) the term “felony” means an offense punishable by a maximum term of imprisonment of more than one year;(4) the term “crime of violence” means—(A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another;(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or(C) any felony under chapter 77, 109A, 110, or 117; and(5) the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.(b) As used in sections 3152–3155 of this chapter—(1) the term “judicial officer” means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sentencing or pending appeal in a court of the United States, and(2) the term “offense” means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal).(Added Pub. L. 93–619, title II, § 201, Jan. 3, 1975, 88 Stat. 2088; amended Pub. L. 98–473, title II, §§ 203(c), 223(h), Oct. 12, 1984, 98 Stat. 1985, 2029; Pub. L. 99–646, § 55(i), Nov. 10, 1986, 100 Stat. 3610; Pub. L. 103–322, title IV, § 40501, Sept. 13, 1994, 108 Stat. 1945; Pub. L. 104–294, title VI, § 607(i), Oct. 11, 1996, 110 Stat. 3512; Pub. L. 105–314, title VI, § 601, Oct. 30, 1998, 112 Stat. 2982; Pub. L. 114–22, title I, § 112, May 29, 2015, 129 Stat. 240.)Editorial NotesAmendments

2015—Subsec. (a)(4)(C). Pub. L. 114–22 inserted “77,” after “chapter”.

1998—Subsec. (a)(4)(C). Pub. L. 105–314 added subpar. (C) and struck out former subpar. (C) which read as follows: “any felony under chapter 109A or chapter 110; and”.

1996—Subsec. (a)(5). Pub. L. 104–294 added par. (5).

1994—Subsec. (a)(4)(C). Pub. L. 103–322 added subpar. (C).

1986—Subsec. (a). Pub. L. 99–646 substituted “the term” for “The term” in pars. (1) to (4) and struck out “and” after “Congress;” in par. (2).

1984—Subsec. (a). Pub. L. 98–473, § 203(c)(1), substituted “3141” for “3146” in provision preceding par. (1).

Subsec. (a)(1). Pub. L. 98–473, § 203(c)(2), substituted “to detain or release” for “to bail or otherwise release” and struck out “and” after “District of Columbia;”.

Subsec. (a)(3), (4). Pub. L. 98–473, § 203(c)(3), (4), added pars. (3) and (4).

Subsec. (b)(1). Pub. L. 98–473, § 203(c)(5), substituted “to detain or release” for “to bail or otherwise release”.

Subsec. (b)(2). Pub. L. 98–473, § 223(h), substituted “Class B or C misdemeanor or an infraction” for “petty offense as defined in section 1(3) of this title”.

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Amendment by Pub. L. 99–646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out as a note under section 3141 of this title.

Effective Date of 1984 Amendment

Amendment by section 223(h) of Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.

Notes of Decisions

Cited in 246 cases (29 in the last 5 years), 1976–2025 · leading case: United States v. Marzullo, 780 F. Supp. 658 (W.D. Mo. 1991).

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United States v. Marzullo, 780 F. Supp. 658 (W.D. Mo. 1991). · cites it 24× “Sollars’ reference is to the definition set forth at 18 U.S.C. § 3156 , which states in pertinent part: (a) As used in sections 3141-3150 of this chapter— (4) the term “crime of violence” means— (A) an offense that has as an element of the offense the use, attempted use, or…”

United States v. Phillips, 732 F. Supp. 255 (D. Mass. 1990). · cites it 8× “18 U.S.C. § 3156 (a)(4). To the extent that the phrase “crime of violence” and the definition quoted above is ambiguous, I conclude that a court must give the phrase a narrow interpretation for several reasons.”

United States v. Rysheen Bowers, 432 F.3d 518 (3rd Cir. 2005). · cites it 6× “Under 18 U.S.C. § 3156 (a)(4), the term “crime of violence,” for purposes of both Sections 3142(g) and 3142(f)(1)(A), means: (A) an offense that has an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another;…”

United States v. Goba, 240 F. Supp. 2d 242 (W.D.N.Y. 2003). · cites it 6× “3d at 92 (agreeing that in analyzing “crime of violence” under 18 U.S.C. § 3156 (a)(4)(B) “the risk of force must result from the characteristics of the offense, rather than from the defendant’s manner of carrying it out”); United States v.”

United States v. Cornelius Johnson, 399 F.3d 1297 (11th Cir. 2005). · cites it 4× “Because we conclude that possession of a firearm by a felon is not a “crime of violence” within the meaning of 18 U.S.C. § 3156 (a)(4), we vacate and remand.”

United States v. Yonas Eshetu, 863 F.3d 946 (D.C. Cir. 2017). · cites it 2× “§ 3156 (a)(4)(B) (defining a “crime of violence” for the purposes of release and detention statutes as “any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course…”

United States v. Singleton, Carlos T., 182 F.3d 7 (D.C. Cir. 1999). · cites it 3× “18 U.S.C. § 3156 (a)(4). Subpart C is irrelevant here, as is subpart A because, as the government concedes, use of a firearm is not an element of § 922(g), which encompasses mere possession.”

United States v. Gloster, 969 F. Supp. 92 (D.D.C. 1997). · cites it 5× “The Statutory Language The Bail Reform Act defines “crime of violence” at 18 U.S.C. § 3156 (a)(4), using language identical to the language of 18 U.”

United States v. Dustin Leroy Ingle, 454 F.3d 1082 (10th Cir. 2006). · cites it 5× “§ 922 (g)(1), is a “crime of violence” as that term is defined in 18 U.S.C. § 3156 (a)(4)(B) of the Bail Reform Act (“the Act”).”

United States v. Johnson, 704 F. Supp. 1398 (E.D. Mich. 1988). · cites it 4× “1987) (interpreting “crime of violence” as defined by 18 U.S.C. § 3156 (a)(4) and utilized in 18 U.”

United States v. Barrett, 903 F.3d 166 (2d Cir. 2018). “18 U.S.C. § 3156 (a)(4). 8 See United States v.”

Darryl Calvin v. State of Indiana, 87 N.E.3d 474 (Ind. 2017). · cites it 2× “”); 18 U.S.C.A. § 3156 (a)(3) (2015) (defining felony, for purposes of release and detention pending trial, as “an offense punishable by a maximum term of imprisonment of more than one year”).”

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