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Table I

DISPOSITION OF TITLE 18 PROVISIONS

Explanatory Note:

The first column below lists sections of existing Title 18, mostly in Part I-Crimes, all of which would be replaced by enactment of the Study Draft provisions. The second column indicates the disposition of those sections: either the Study Draft section or sections which are considered to cover the substance of all or the various parts of an existing provision or the Title of the United States Code to which it is proposed that all or part of an existing provision be transferred. The difference between existing Title 18 and the Study Draft in approaches to defining crimes makes the disposition somewhat complex in some cases. In such cases this table provides only clues to disposition; for explanation and discussion one must look to the Study Draft comment regarding the sections referred to, or to the relevant pages of the Working Papers. Note that offenses to be transferred from Title 18 can be classified no higher than a Class A misdemeanor (§ 3007) and may, in lieu of such classification, be made subject to the regulatory offense provision (§ 1006).

It should be borne in mind, particularly when considering the disposition of an offense with severe penalities into one or more minor offenses, that two bases for federal jurisdiction significantly expand the coverage of all provisions defining federal offenses. One, the socalled "piggyback" base (§ 201(b)), establishes federal jurisdiction over virtually all offenses against persons or property when committed in the course of committing another federal offense. The other (§ 202) establishes federal jurisdiction over an included offense where there is federal jurisdiction over the inclusive offense.

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Title 18 Sections

Proposed Code

Sections and Other Titles Involved

Ch. 11. Bribery, Graft and Conflicts of Interest

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Ch. 15. Claims and Services in Matters Affecting Government

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