18 U.S.C. § 401
Section 401 · Power of court
Amended 2 times on record
Applied in 1,300 court decisions — leading case Northern Pipeline Construction Co. v. Marathon Pipe Line Co. (1982)
Most recently applied in United States v. Larry Brock (March 2024)
Applied most in the Second Circuit Circuit (98 decisions)
Cases citing this section usually also cite 28 U.S.C. § 1291 · 18 U.S.C. § 1503 · 18 U.S.C. § 371
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as—
(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2) Misbehavior of any of its officers in their official transactions;
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on section 385 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, §268, 36 Stat. 1163).
Said section 385 conferred two powers. The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary. The second part relating to contempt of court constitutes this section.
Changes in phraseology and arrangement were made.
Amendments
2002—Pub. L. 107–273 inserted “or both,” after “fine or imprisonment,” in introductory provisions.