[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR28.2]

[Page 457]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 28_DNA IDENTIFICATION SYSTEM--Table of Contents
 
    Subpart A_Qualifying Federal Offenses for Purposes of DNA Sample 
                               Collection
 
Sec. 28.2  Determination of offenses.

    (a) Felony means a Federal offense that would be classified as a 
felony under 18 U.S.C. 3559(a) or that is specifically classified by a 
letter grade as a felony.
    (b) The following offenses shall be treated for purposes of section 
3 of Pub. L. 106-546 as qualifying Federal offenses:
    (1) Any felony.
    (2) Any offense under chapter 109A of title 18, United States Code, 
even if not a felony.
    (3) Any offense under any of the following sections of the United 
States Code, even if not a felony:
    (i) In title 18, section 111, 112(b) involving intimidation or 
threat, 113, 115, 245, 247, 248 unless the offense involves only a 
nonviolent physical obstruction and is not a felony, 351, 594, 1153 
involving assault against an individual who has not attained the age of 
16 years, 1361, 1368, the second paragraph of 1501, 1509, 1751, 1991, or 
2194 involving force or threat.
    (ii) In title 16, section 773g if the offense involves a violation 
of section 773e(a)(3), 1859 if the offense involves a violation of 
section 1857(1)(E), 3637(c) if the offense involves a violation of 
section 3637(a)(3), or 5010(b) if the offense involves a violation of 
section 5009(6).
    (iii) In title 26, section 7212.
    (iv) In title 30, section 1463 if the offense involves a violation 
of section 1461(4).
    (v) In title 40, section 5109 if the offense involves a violation or 
attempted violation of section 5104(e)(2)(F).
    (vi) In title 42, section 2283, 3631, or 9152(d) if the offense 
involves a violation of section 9151(3).
    (vii) In title 43, section 1063 involving force, threat, or 
intimidation.
    (viii) In title 47, section 606(b).
    (ix) In title 49, section 46506(1) unless the offense involves only 
an act that would violate section 661 or 662 of title 18 and would not 
be a felony if committed in the special maritime and territorial 
jurisdiction of the United States.
    (4) Any offense that is an attempt or conspiracy to commit any of 
the foregoing offenses, even if not a felony.
    (c) An offense that was or would have been a qualifying Federal 
offense as defined in this section at the time of conviction, such as an 
offense under 18 U.S.C. 2031 or 2032, remains a qualifying Federal 
offense even if the provision or provisions defining the offense or 
assigning its penalties have subsequently been repealed, superseded, or 
modified.

[Order No. 2753-2005, 70 FR 4767, Jan. 31, 2005]

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