18 U.S.C. § 3559 : US Code - Section 3559: Sentencing classification of offenses

      (a) Classification. - An offense that is not specifically
    classified by a letter grade in the section defining it, is
    classified if the maximum term of imprisonment authorized is - 
        (1) life imprisonment, or if the maximum penalty is death, as a
      Class A felony;
        (2) twenty-five years or more, as a Class B felony;
        (3) less than twenty-five years but ten or more years, as a
      Class C felony;
        (4) less than ten years but five or more years, as a Class D
      felony;
        (5) less than five years but more than one year, as a Class E
      felony;
        (6) one year or less but more than six months, as a Class A
      misdemeanor;
        (7) six months or less but more than thirty days, as a Class B
      misdemeanor;
        (8) thirty days or less but more than five days, as a Class C
      misdemeanor; or
        (9) five days or less, or if no imprisonment is authorized, as
      an infraction.

      (b) Effect of Classification. - Except as provided in subsection
    (c), an offense classified under subsection (a) carries all the
    incidents assigned to the applicable letter designation, except
    that the maximum term of imprisonment is the term authorized by the
    law describing the offense.
      (c) Imprisonment of Certain Violent Felons. - 
        (1) Mandatory life imprisonment. - Notwithstanding any other
      provision of law, a person who is convicted in a court of the
      United States of a serious violent felony shall be sentenced to
      life imprisonment if - 
          (A) the person has been convicted (and those convictions have
        become final) on separate prior occasions in a court of the
        United States or of a State of - 
            (i) 2 or more serious violent felonies; or
            (ii) one or more serious violent felonies and one or more
          serious drug offenses; and

          (B) each serious violent felony or serious drug offense used
        as a basis for sentencing under this subsection, other than the
        first, was committed after the defendant's conviction of the
        preceding serious violent felony or serious drug offense.

        (2) Definitions. - For purposes of this subsection - 
          (A) the term "assault with intent to commit rape" means an
        offense that has as its elements engaging in physical contact
        with another person or using or brandishing a weapon against
        another person with intent to commit aggravated sexual abuse or
        sexual abuse (as described in sections 2241 and 2242);
          (B) the term "arson" means an offense that has as its
        elements maliciously damaging or destroying any building,
        inhabited structure, vehicle, vessel, or real property by means
        of fire or an explosive;
          (C) the term "extortion" means an offense that has as its
        elements the extraction of anything of value from another
        person by threatening or placing that person in fear of injury
        to any person or kidnapping of any person;
          (D) the term "firearms use" means an offense that has as its
        elements those described in section 924(c) or 929(a), if the
        firearm was brandished, discharged, or otherwise used as a
        weapon and the crime of violence or drug trafficking crime
        during and relation to which the firearm was used was subject
        to prosecution in a court of the United States or a court of a
        State, or both;
          (E) the term "kidnapping" means an offense that has as its
        elements the abduction, restraining, confining, or carrying
        away of another person by force or threat of force;
          (F) the term "serious violent felony" means - 
            (i) a Federal or State offense, by whatever designation and
          wherever committed, consisting of murder (as described in
          section 1111); manslaughter other than involuntary
          manslaughter (as described in section 1112); assault with
          intent to commit murder (as described in section 113(a));
          assault with intent to commit rape; aggravated sexual abuse
          and sexual abuse (as described in sections 2241 and 2242);
          abusive sexual contact (as described in sections 2244(a)(1)
          and (a)(2)); kidnapping; aircraft piracy (as described in
          section 46502 of Title 49); robbery (as described in section
          2111, 2113, or 2118); carjacking (as described in section
          2119); extortion; arson; firearms use; firearms possession
          (as described in section 924(c)); or attempt, conspiracy, or
          solicitation to commit any of the above offenses; and
            (ii) any other offense punishable by a maximum term of
          imprisonment of 10 years or more that has as an element the
          use, attempted use, or threatened use of physical force
          against the person of another or that, by its nature,
          involves a substantial risk that physical force against the
          person of another may be used in the course of committing the
          offense;

          (G) the term "State" means a State of the United States, the
        District of Columbia, and a commonwealth, territory, or
        possession of the United States; and
          (H) the term "serious drug offense" means - 
            (i) an offense that is punishable under section
          401(b)(1)(A) or 408 of the Controlled Substances Act (21
          U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the
          Controlled Substances Import and Export Act (21 U.S.C.
          960(b)(1)(A)); or
            (ii) an offense under State law that, had the offense been
          prosecuted in a court of the United States, would have been
          punishable under section 401(b)(1)(A) or 408 of the
          Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or
          section 1010(b)(1)(A) of the Controlled Substances Import and
          Export Act (21 U.S.C. 960(b)(1)(A)).

        (3) Nonqualifying felonies. - 
          (A) Robbery in certain cases. - Robbery, an attempt,
        conspiracy, or solicitation to commit robbery; or an offense
        described in paragraph (2)(F)(ii) shall not serve as a basis
        for sentencing under this subsection if the defendant
        establishes by clear and convincing evidence that - 
            (i) no firearm or other dangerous weapon was used in the
          offense and no threat of use of a firearm or other dangerous
          weapon was involved in the offense; and
            (ii) the offense did not result in death or serious bodily
          injury (as defined in section 1365) to any person.

          (B) Arson in certain cases. - Arson shall not serve as a
        basis for sentencing under this subsection if the defendant
        establishes by clear and convincing evidence that - 
            (i) the offense posed no threat to human life; and
            (ii) the defendant reasonably believed the offense posed no
          threat to human life.

        (4) Information filed by united states attorney. - The
      provisions of section 411(a) of the Controlled Substances Act (21
      U.S.C. 851(a)) shall apply to the imposition of sentence under
      this subsection.
        (5) Rule of construction. - This subsection shall not be
      construed to preclude imposition of the death penalty.
        (6) Special provision for indian country. - No person subject
      to the criminal jurisdiction of an Indian tribal government shall
      be subject to this subsection for any offense for which Federal
      jurisdiction is solely predicated on Indian country (as defined
      in section 1151) and which occurs within the boundaries of such
      Indian country unless the governing body of the tribe has elected
      that this subsection have effect over land and persons subject to
      the criminal jurisdiction of the tribe.
        (7) Resentencing upon overturning of prior conviction. - If the
      conviction for a serious violent felony or serious drug offense
      that was a basis for sentencing under this subsection is found,
      pursuant to any appropriate State or Federal procedure, to be
      unconstitutional or is vitiated on the explicit basis of
      innocence, or if the convicted person is pardoned on the explicit
      basis of innocence, the person serving a sentence imposed under
      this subsection shall be resentenced to any sentence that was
      available at the time of the original sentencing.

      (d) Death or Imprisonment for Crimes Against Children. - 
        (1) In general. - Subject to paragraph (2) and notwithstanding
      any other provision of law, a person who is convicted of a
      Federal offense that is a serious violent felony (as defined in
      subsection (c)) or a violation of section 2422, 2423, or 2251
      shall, unless the sentence of death is imposed, be sentenced to
      imprisonment for life, if - 
          (A) the victim of the offense has not attained the age of 14
        years;
          (B) the victim dies as a result of the offense; and
          (C) the defendant, in the course of the offense, engages in
        conduct described in section 3591(a)(2).

        (2) Exception. - With respect to a person convicted of a
      Federal offense described in paragraph (1), the court may impose
      any lesser sentence that is authorized by law to take into
      account any substantial assistance provided by the defendant in
      the investigation or prosecution of another person who has
      committed an offense, in accordance with the Federal Sentencing
      Guidelines and the policy statements of the Federal Sentencing
      Commission pursuant to section 994(p) of title 28, or for other
      good cause.

      (e) Mandatory Life Imprisonment for Repeated Sex Offenses Against
    Children. - 
        (1) In general. - A person who is convicted of a Federal sex
      offense in which a minor is the victim shall be sentenced to life
      imprisonment if the person has a prior sex conviction in which a
      minor was the victim, unless the sentence of death is imposed.
        (2) Definitions. - For the purposes of this subsection - 
          (A) the term "Federal sex offense" means an offense under
        section 1591 (relating to sex trafficking of children), 2241
        (relating to aggravated sexual abuse), 2242 (relating to sexual
        abuse), 2244(a)(1) (relating to abusive sexual contact), 2245
        (relating to sexual abuse resulting in death), 2251 (relating
        to sexual exploitation of children), 2251A (relating to selling
        or buying of children), 2422(b) (relating to coercion and
        enticement of a minor into prostitution), or 2423(a) (relating
        to transportation of minors);
          (B) the term "State sex offense" means an offense under State
        law that is punishable by more than one year in prison and
        consists of conduct that would be a Federal sex offense if, to
        the extent or in the manner specified in the applicable
        provision of this title - 
            (i) the offense involved interstate or foreign commerce, or
          the use of the mails; or
            (ii) the conduct occurred in any commonwealth, territory,
          or possession of the United States, within the special
          maritime and territorial jurisdiction of the United States,
          in a Federal prison, on any land or building owned by, leased
          to, or otherwise used by or under the control of the
          Government of the United States, or in the Indian country (as
          defined in section 1151);

          (C) the term "prior sex conviction" means a conviction for
        which the sentence was imposed before the conduct occurred
        constituting the subsequent Federal sex offense, and which was
        for a Federal sex offense or a State sex offense;
          (D) the term "minor" means an individual who has not attained
        the age of 17 years; and
          (E) the term "State" has the meaning given that term in
        subsection (c)(2).

        (3) Nonqualifying Felonies. - An offense described in section
      2422(b) or 2423(a) shall not serve as a basis for sentencing
      under this subsection if the defendant establishes by clear and
      convincing evidence that - 
          (A) the sexual act or activity was consensual and not for the
        purpose of commercial or pecuniary gain;
          (B) the sexual act or activity would not be punishable by
        more than one year in prison under the law of the State in
        which it occurred; or
          (C) no sexual act or activity occurred.

      (f) Mandatory Minimum Terms of Imprisonment for Violent Crimes
    Against Children. - A person who is convicted of a Federal offense
    that is a crime of violence against the person of an individual who
    has not attained the age of 18 years shall, unless a greater
    mandatory minimum sentence of imprisonment is otherwise provided by
    law and regardless of any maximum term of imprisonment otherwise
    provided for the offense - 
        (1) if the crime of violence is murder, be imprisoned for life
      or for any term of years not less than 30, except that such
      person shall be punished by death or life imprisonment if the
      circumstances satisfy any of subparagraphs (A) through (D) of
      section 3591(a)(2) of this title;
        (2) if the crime of violence is kidnapping (as defined in
      section 1201) or maiming (as defined in section 114), be
      imprisoned for life or any term of years not less than 25; and
        (3) if the crime of violence results in serious bodily injury
      (as defined in section 1365), or if a dangerous weapon was used
      during and in relation to the crime of violence, be imprisoned
      for life or for any term of years not less than 10.

      (g)(1) If a defendant who is convicted of a felony offense (other
    than offense of which an element is the false registration of a
    domain name) knowingly falsely registered a domain name and
    knowingly used that domain name in the course of that offense, the
    maximum imprisonment otherwise provided by law for that offense
    shall be doubled or increased by 7 years, whichever is less.
      (2) As used in this section - 
        (A) the term "falsely registers" means registers in a manner
      that prevents the effective identification of or contact with the
      person who registers; and
        (B) the term "domain name" has the meaning given that term is
      (!1) section 45 of the Act entitled "An Act to provide for the
      registration and protection of trademarks used in commerce, to
      carry out the provisions of certain international conventions,
      and for other purposes" approved July 5, 1946 (commonly referred
      to as the "Trademark Act of 1946") (15 U.S.C. 1127).