U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 232— MISCELLANEOUS SENTENCING PROVISIONS

18 U.S.C. § 3673

Definitions for sentencing provisions

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As used in chapters 227 and 229—(1) the term “found guilty” includes acceptance by a court of a plea of guilty or nolo contendere;(2) the term “commission of an offense” includes the attempted commission of an offense, the consummation of an offense, and any immediate flight after the commission of an offense; and(3) the term “law enforcement officer” means a public servant authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense.(Added Pub. L. 98–473, title II, § 212(a)(4), Oct. 12, 1984, 98 Stat. 2010; amended Pub. L. 99–646, § 2(a), Nov. 10, 1986, 100 Stat. 3592.)Editorial NotesAmendments

1986—Pub. L. 99–646 redesignated pars. (a) to (c) as (1) to (3), respectively, and inserted “the term” after “(1)”, “(2)”, and “(3)”.

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Pub. L. 99–646, § 2(b), Nov. 10, 1986, 100 Stat. 3592, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the taking effect of section 3673 of title 18, United States Code [Nov. 1, 1987].”

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

Notes of Decisions
Cited in 3 cases, 1996–2010 · leading case: UNITED STATES of Am., Plaintiff-Appellee, v. Lonnie G. SCHMIDT, Defendant-Appellant, 99 F.3d 315 (9th Cir. 1996).
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UNITED STATES of Am., Plaintiff-Appellee, v. Lonnie G. SCHMIDT, Defendant-Appellant, 99 F.3d 315 (9th Cir. 1996). ““Found Guilty ” Schmidt contends that he was not “found guilty” as that term is defined in 18 U.S.C. § 3673 (1) because he pled not guilty and was then found guilty by a jury.”
United States v. Joseph Aitoro, 403 F. App'x 748 (3d Cir. 2010). “) Counsel further points out that, under 18 U.S.C. § 3673 (1), a plea of nolo contendere has the same legal effect as a plea of guilty.”
Use of Fed. Employees for Olympic Sec. (OLC 1996). “§3592 (c)(14) (“ For purposes o f this subparagraph, a Maw enforcement officer’ is a public servant authorized by law or by a G overnment agency o r Congress to conduct o r engage in the prevention , investigation, or prosecution or adjudication o f an offense” ); 18 U.S.C.…”
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