§3282. Offenses not capital

Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.

(June 25, 1948, ch. 645, 62 Stat. 828 ; Sept. 1, 1954, ch. 1214, §12(a), formerly §10(a), 68 Stat. 1145 ; renumbered Pub. L. 87–299, §1, Sept. 26, 1961, 75 Stat. 648 .)

Historical and Revision Notes

Based on section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, and on title 18, U.S.C., 1940 ed., §582 (R.S. §1044; Apr. 13, 1876, ch. 56, 19 Stat. 32 ; Nov. 17, 1921, ch. 124, §1, 42 Stat. 220 ; Dec. 27, 1927, ch. 6, 45 Stat. 51 ; Oct. 14, 1940, ch. 876, title I, subchap. III, §346(g), 54 Stat. 1167 ).

Section 582 of title 18, U.S.C., 1940 ed., and section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, were consolidated. "Except as otherwise expressly provided by law" was inserted to avoid enumeration of exceptive provisions.

The proviso contained in the act of 1927 "That nothing herein contained shall apply to any offense for which an indictment has been heretofore found or an information instituted, or to any proceedings under any such indictment or information," was omitted as no longer necessary.

In the consolidation of these sections the 5-year period of limitation for violations of the Nationality Code, provided for in said section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, is reduced to 3 years. There seemed no sound basis for considering 3 years adequate in the case of heinous felonies and gross frauds against the United States but inadequate for misuse of a passport or false statement to a naturalization examiner.

Amendments

1954-Act Sept. 1, 1954, changed the limitation period from three years to five years.

Effective Date of 1954 Amendment

Section 12(b) of act Sept. 1, 1954, formerly section 10(b), as renumbered by Pub. L. 87–299, §1, provided that: "The amendment made by subsection (a) [amending this section] shall be effective with respect to offenses (1) committed on or after September 1, 1954, or (2) committed prior to such date, if on such date prosecution therefor is not barred by provisions of law in effect prior to such date."

Fugitives From Justice

Statutes of limitations as not extending to persons fleeing from justice, see section 3290 of this title.

Offenses Against Internal Security

Limitation period in connection with offenses against internal security, see section 783 of Title 50, War and National Defense.

Sections 792, 793, and 794 of This Title; Limitation Period

Limitation period in connection with sections 792, 793, and 794 of this title, see note set out under section 792.

Section Referred to in Other Sections

This section is referred to in sections 1091, 3286 of this title.