DefensesStatute of Limitations
Section 3282 of Title 18 applies a five-year statute of limitations
all criminal contempt actions encompassed by 18 U.S.C. § 401. If,
the contemptuous act also constitutes a criminal offense under any statute
United States or under the laws of any state in which the act was committed,
the contempt must be prosecuted under 18 U.S.C. § 402. Under 18 U.S.C.
3285, a one-year statute of limitations applies to contempt actions brought
18 U.S.C. § 402. It should be noted, however, that 18 U.S.C.
inapplicable to "contempts committed in disobedience of any lawful writ,
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."|
The "continuing act" concept is applicable to criminal contempt
actions. United States v. J. Myer Schine, 260 F.2d 552, 555-56, (2nd
1958), cert. denied, 358 U.S. 934 (1959).
[cited in USAM 9-39.000]