Examples of Federal Crimes – 10 Common Ones

Ten common examples of federal offenses include:

1. tax evasion,
2. counterfeiting,
3. money laundering,
4. murder,
5. immigration-related offenses,
6. felon in possession of a firearm,
7. drug possession,
8. drug crimes involving the intent to distribute,
9. treason, and
10. child pornography.

Federal crimes are those offenses that violate U.S. federal criminal laws. Federal courts also have jurisdiction over crimes that allegedly take place

• across state lines,
• on U.S. federal property, or
• an Indian reservation.

Federal criminal charges are prosecuted in federal courts (as opposed to state courts) by federal prosecutors and U.S. attorneys.

Note that federal agencies normally investigate matters that involve people allegedly violating federal law (examples include the Federal Bureau of Investigation (FBI), the Secret Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE), and the DEA).

Defendants convicted on federal charges will serve time in federal prison as opposed to a state-run facility like a city or county jail. As with state criminal cases, cases at the federal level involve both misdemeanors and felonies.

1. Tax evasion

26 U.S.C. 7201 is the federal statute that sets forth the offense of tax evasion, which is a form of criminal tax fraud. Per this law, people commit tax evasion if they intentionally underpay or refuse to pay their tax obligations.¹

Note that a violation of this statute requires some affirmative act where a person or company intentionally evades a tax liability. A simple failure to file a tax return does not equate to tax evasion.

Penalties under this code section include:

• custody in federal prison for up to five years, and/or
• a maximum fine of $100,000.²

2. Counterfeiting

The main federal law on counterfeiting is set forth in 18 U.S.C. 471.

People commit this offense if they:

1. falsely make, forge, counterfeit, or alter any U.S. obligation or security, and
2. do so with the intent to defraud.³

The “obligations” and “securities” covered under this law include:

• currency,
• treasury notes,
• reserve notes, and
• bonds.

Federal counterfeiting can lead to felony charges punishable by:

• a maximum federal prison sentence of 20 years, and/or
• a maximum fine of $250,000.⁴

3. Money laundering

The federal criminal law of money laundering is largely set forth in 18 U.S.C 1956 and 1957.

In general, people commit this offense if they disguise the financial proceeds from illegal activity as money from a legitimate source.⁵

Money laundering is punishable by:

• up to 20 years in federal prison,
• fines, and
• restitution.⁶

Other common white-collar crimes not mentioned above include:

• mail fraud,
• identity theft,
• credit card fraud,
• racketeering,
• wire fraud,
• certain computer crimes, and
• embezzlement.

4. Murder as a Federal Offense

It can be. Murder is often charged under state laws at the state level. However, the crime is a federal offense under several different circumstances.

For example, instances in which murder is a federal crime include when:

1. the murder is of a federal judge or a federal law enforcement official (for example, an agent of the FBI or BATFE) ⁷,
2. the killing is of an immediate family member of a federal law enforcement official⁸,
3. the murder is of an elected or appointed federal official (for example, the President, a Supreme Court Justice, a member of Congress, or the murder of a federal judge)⁹, or
4. the killing is committed during a bank robbery.¹⁰

Depending on the facts of the case, a murder coming under federal jurisdiction may be charged as either:

• first-degree murder, or
• second-degree murder.

First-degree murder is punishable by the death penalty or imprisonment in federal prison for life.¹¹

Federal charges of second-degree murder are punishable by any terms of years in federal prison, as determined by the federal sentencing guidelines.

5. Immigration-Related Offenses

Yes. U.S. citizens are often convicted of federal immigration crimes. Most of these offenses are prosecuted under the Immigration and Nationality Act (INA) of 1952.

Some acts that may lead to immigration charges under federal law include:

• falsifying documents to help someone illegally enter the U.S.,
• knowingly employing illegal immigrants in a store or on a job site, or
• assisting an illegal immigrant with gaining illegal entry into the U.S.

Federal immigration crimes are punishable by:

• custody in federal prison,
• fines, and/or
• civil penalties.¹²

6. Felon With a Firearm

Federal law prohibits people who have been convicted of certain crimes from ever:

• possessing,
• shipping, or
• receiving firearms or ammunition.¹³

These “certain crimes” include:

• any crime that carries a maximum punishment of more than one year in prison, or
• any crime of domestic violence.

The punishment in federal court for unlawfully possessing, shipping, or receiving a firearm is:

• a sentence of up to ten years in federal prison, and/or
• a fine.¹⁴

7. Drug possession

As with state laws, it is a crime under federal law for a person to:

1. knowingly and intentionally possess a controlled substance, and
2. do so without a valid prescription.¹⁵

People convicted on federal charges of drug possession will face penalties of:

• up to one year in prison, and
• a mandatory fine of no less than $1,000.¹⁶

8. Drug crimes with the intent to distribute

21 U.S.C. 841 criminalizes a group of federal drug offenses that involve the manufacturing, distribution, and possession of controlled substances with the specific intent to distribute them.¹⁷

The sentences imposed under 21 U.S.C. 841 often vary depending on the type and quantity of drug involved in a case. However, baseline penalties under this statute often include a federal prison term of at least 10 years.¹⁸

9. Treason

Yes. Treason is considered the most serious criminal offense a person can commit against the federal government.

People are guilty of treason if they:

1. levy war against the U.S., or
2. give aid or comfort to an enemy of the U.S.¹⁹

Treason is punishable by:

• a minimum federal prison term of five years, and
• a maximum fine of $10,000.²⁰

10. Child Pornography Offenses

It is illegal under federal law for a person to produce, distribute, receive, or possess any child pornography.²¹

It is also illegal under federal law for someone to knowingly search for and view child pornography (even if the images are subsequently destroyed or deleted).²²

Under federal law, child pornography is any “visual depiction” of a minor engaging in “sexually explicit conduct.”²³

Violations of federal child pornography laws can result in prison sentences of up to 20 years.²⁴

Additional resources

For more information on federal crimes, refer to the following:

• A Brief Description of the Federal Criminal Justice Process – Overview of pretrial to post-trial proceedings provided by the FBI (Federal Bureau of Investigation).
• U.S. Attorney General – The official website of the United States’ chief prosecutor.
• Criminal Cases Overview – A summary of the federal criminal process provided by the U.S. Courts on behalf of the Federal Judiciary.
• Federal Bureau of Prisons (BOP) – Information about the detention facilities where defendants serve time following a federal criminal conviction.
• Bureau of Justice Statistics (BJS) – A part of the Department of Justice, the BJS provides statistical information on crimes, criminal offenders, and victims.

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