§ 3691. — Jury trial of criminal contempts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3691]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 233--CONTEMPTS
Sec. 3691. Jury trial of criminal contempts
Whenever a contempt charged shall consist in willful disobedience of
any lawful writ, process, order, rule, decree, or command of any
district court of the United States by doing or omitting any act or
thing in violation thereof, and the act or thing done or omitted also
constitutes a criminal offense under any Act of Congress, or under the
laws of any state in which it was done or omitted, the accused, upon
demand therefor, shall be entitled to trial by a jury, which shall
conform as near as may be to the practice in other criminal cases.
This section shall not apply to contempts committed in the presence
of the court, or so near thereto as to obstruct the administration of
justice, nor to contempts committed in disobedience of any lawful writ,
process, order, rule, decree, or command entered in any suit or action
brought or prosecuted in the name of, or on behalf of, the United
States.
(June 25, 1948, ch. 645, 62 Stat. 844.)
Historical and Revision Notes
Based on sections 386, 389 of title 28, U.S.C., 1940 ed., Judicial
Code and Judiciary (Oct. 15, 1914, ch. 323, Secs. 21, 24, 38 Stat. 738,
739).
The first paragraph of this section is completely rewritten from
section 386 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary,
omitting everything covered and superseded by rules 23 and 42 of the
Federal Rules of Criminal Procedure.
The second paragraph of this section is derived from section 389 of
title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, omitting
directions as to the trial of other contempts which are now covered by
rule 42 of the Federal Rules of Criminal Procedure.
Minor changes were made in phraseology.
Section Referred to in Other Sections
This section is referred to in section 402 of this title.
