§193h. Prosecution and punishment of offenses

(a) Firearms, dangerous weapons, explosives, or incendiary device offenses

Any violation of section 193f(a) of this title, and any attempt to commit any such violation, shall be a felony punishable by a fine not exceeding $5,000, or imprisonment not exceeding five years, or both.

(b) Other offenses

Any violation of section 193b, 193c, 193d, 193e, 193f(b), or 193g of this title, and any attempt to commit any such violation, shall be a misdemeanor punishable by a fine not exceeding $500, or imprisonment not exceeding six months, or both.

(c) Procedure

Violations of sections 193a to 193m, 207a, 212a, 212a–2, 212a–3, and 212b of this title, including attempts or conspiracies to commit such violations, shall be prosecuted by the United States attorney or his assistants in the name of the United States. None of the general laws of the United States and none of the laws of the District of Columbia shall be superseded by any provision of said sections. Where the conduct violating said sections also violates the general laws of the United States or the laws of the District of Columbia, both violations may be joined in a single prosecution. Prosecution for any violation of section 193f(a) of this title or for conduct which constitutes a felony under the general laws of the United States or the laws of the District of Columbia shall be in the United States District Court for the District of Columbia. All other prosecutions for violations of said sections may be in the Superior Court of the District of Columbia. Whenever any person is convicted of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia, in a prosecution under this subsection, the penalty which may be imposed for such violation is the highest penalty authorized by any of the laws for violation of which the defendant is convicted.

(July 31, 1946, ch. 707, §8, 60 Stat. 719 ; Pub. L. 88–60, §§1, 7, July 8, 1963, 77 Stat. 77 , 78; Pub. L. 90–108, §1(c), Oct. 20, 1967, 81 Stat. 277 ; Pub. L. 91–358, title I, §155(a), July 29, 1970, 84 Stat. 570 .)

Amendments

1967-Pub. L. 90–108 struck out provisions setting a blanket punishment of not exceeding $100 or imprisonment not exceeding 60 days for offenses against sections 193b to 193g of this title, with prosecution for such offenses to be had in the District of Columbia Court of General Sessions upon information by the United States Attorney or any of his assistants and raising the imprisonment to not more than five years in cases where public property is damaged in an amount exceeding $100 and inserted provisions dividing the offenses into felonies and misdemeanors with different punishments for each and setting out the procedures to be followed in the prosecution for such felonies or misdemeanors, including provisions when the conduct involved violates both the general laws of the United States and the District of Columbia in addition to sections 193a to 193m, 212a, 212a–2, and 212b, of this title.

Change of Name

"District of Columbia Court of General Sessions" was changed to "Superior Court of the District of Columbia" pursuant to Pub. L. 91–358, which provides that such change is effective the first day of the seventh calendar month which begins after July 29, 1970.

"District of Columbia Court of General Sessions" was the designation given to the "Municipal Court for the District of Columbia" by Pub. L. 88–60, §§1, 7, July 8, 1963, 77 Stat. 77 , 78, which provided that, eff. Jan. 1, 1963, whenever reference is made in any Act of Congress to the "Municipal Court for the District of Columbia", such reference shall be held to be a reference to the "District of Columbia Court of General Sessions."

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–108 effective Oct. 20, 1967, see section 3 of Pub. L. 90–108, set out as a note under section 193a of this title.

Offenses Committed Prior to July 31, 1946

Section 15 of act July 31, 1946, provided that: "Any violation of any of the provisions of said Acts hereby repealed [sections 194 to 205 and 213 of this title], occurring before the date of this repeal [July 31, 1946], may be prosecuted to the same extent as if this Act [enacting sections 193a to 193m, 207a, 212a, 212a–2, 212a–3, and 212b of this title] had not been enacted."

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193i, 193k, 193l, 193m, 212a of this title.