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Frovat Revorr 
§ 109 
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(ab) “offense” means conduct for which a term of imprison- 
Lereovera- 
4 
ynent or a fine is authorized by a federal statute, or would be if 
; 
federal jurisdiction existed; 
ont, inde- 
i 
(ac) “official action” means a decision, opinion, recommenda- 
authority, 
i 
tion, vote or other exercise of diseretion ; 
Lin whien 
: 
(ad) “official preceeding” means a proceeding heard or which 
g context 
; 
may be heard before any government agency or branch or 
ro limited 
i 
public servant authorized to take evidence under oath, includ- 
ing any referee, heaving examiner, commissioner, notary or 
other person taking testimony or a deposition in connection 
with any such proceeding ; 
(ae) “person” means a human being and a corporation or 
organization as defined in section 4095 
_» (at) “public servant” means an officer or exaployee of a gov- 
ernment or a person authorized to act for or on pehalf of a 
government or serving a government as an adviser or con- 
sultant. The term includes Members of Congress, members of 
anything 
vrivyaniage 
yierested 5 
aon and is 
4 is estab- 
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rhich eon 
alicitation 
the state legislatures, Resident Commissioners, judges and 
‘from the 
jurors; 
5 harm or 
. 
(ag) “reasonably believes” designates a belief which is not 
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nterest or 
recklessly held by the actor; 
“AmMISSIOn $ 
a 
(ah) “recklessly” and variants thereof designate the stand- 
rat is not 
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ard preseribed in section 302(1); 
4 
(ai) “section” means a section of this Code; “subsection” or 
nience of 
4 
“paragraph” refers to a subsection or paragraph of the section 
4 
or subsection, as the case may be, in which the term is used; 
the stand- 
4 
(aj) “serious bodily injury” means bodily injury which 
q 
exeates a substantial risk of death or which causes serious 
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permanent disfigurement, unconsciousness, extreme pain, or 
“ne stand- 
4 
permanent or protracted loss or impairment of the function of 
4 
any bodily member or organ; 
(ak) “state” includes Puerto Rico, the Canal Zone, the Dis- 
trict of Columbia, American Samoa, Guam, the Virgin Islands, 
Johnsten Island, Midway Island, Wake Island, and Kingman’s 
Reef and any other territory or possession of the United States 5 
(al) “think of value” means a gain or advantage, or anything 
regarded, or which might reasonably be regarded, by the bene- 
ficiary as a gain or advantage, including a gain or advantage 
to any ether person. “Thing of pecuniary value” means a thing 
of value in the form of money, tangible or intangible property, 
commercial interests or anything else the primary significance 
of which is economic gain; 
(am) “United States”, in a territorial sense, includes all 
cvyant an- 
ih to con- 
violations 
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"Approved For Release 2001/09/03 : CIA-RDP77M00144R000800020017-7. 
Tr 
§ 109 
Feprrat Crimmwan. Con 
states and all places and waters, continental or insular, subject 
to the jurisdiction of the United States, except the Canal Zene; 
(an) “United States,” when not used in a territorial sense, 
means government, as defined in paragraph (m), of the United 
States. 
Comment 
Words and phrases that are commonly used throughout the Code, 
for which statutory definition is necessary or desirable, are defined in 
this section. When a word is used in only one section or chapter, it is 
defined, if at all, in that section or chapter. Words used only a few 
times are cross-referenced. 
The noteworthy feature of these definitions is that, in general, the 
words are not limited to federal contexts, ¢.g., a public servant is one 
who works for any government. Limitations to the federal context 
are made where the federal jurisdictional base is set forth, or by use of 
the term “federal” before ihe word. The approach of this Code is to 
distinguish the definition of harmful conduct from the designation of 
which government has the power to prosecute for such conduct. Sepa- 
rately stating the federal aspect of a word also clearly differentiates 
when culpability is or is not required. For example, in § 1361. (bribery), 
the person must know he is buying action of a public servant (culpa- 
bility is-required under § 302(3) (a) as to this fact); but he need not 
know that the pnblic servant worked for the federal government (cul- 
pability is not required under § 802(3) (c) as to a jurisdictional fact). 
Also to be noted 
is that, although the definition of “offense” embraces 
state offenses, the conduct must be such as would also constitute 
a federal offense if federal jurisdiction were present. The line between 
felonies and misdemeanors is drawn according to the manner in which 
comparable federal conduct would be punished. 
Comment concerning definitions in this section, and references to 
more detailed comment in the Working Papers, will be found in the 
comment to the section in which the term or phrase has its principal 
use,