---
kind: "section"
citation: "34 U.S.C. § 10613"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "10613"
heading: "Definition"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/10613"
units:
  - "Subtitle I — Comprehensive Acts"
  - "Chapter 101 — Justice System Improvement"
  - "Subchapter XXX — Drug Courts"
---

# §10613. Definition

- (a) **In general—** Except as provided in [subsection (b)](#b), in this subchapter, the term “violent offender” means a person who—
  - (1) is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct—
    - (A) the person carried, possessed, or used a firearm or dangerous weapon;
    - (B) there occurred the death of or serious bodily injury to any person; or
    - (C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph [(A)](#a-1-A) or [(B)](#a-1-B) is an element of the offense or conduct of which or for which the person is charged or convicted; or
  - (2) has 1 or more prior convictions for a felony [crime of violence](/usc/34/60102.md?p=1) involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.
- (b) **Definition for purposes of juvenile drug courts—** For purposes of juvenile drug [courts](/usc/34/12291.md?p=a-7), the term “[violent offender](#a)” means a juvenile who has been convicted of, or adjudicated delinquent for, a felony-level offense that—
  - (1) has as an element, the use, attempted use, or threatened use of physical force against the person or property of another, or the possession or use of a firearm; or
  - (2) by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

## Source credit

(Pub. L. 90–351, title I, § 2953, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1795; amended Pub. L. 109–162, title XI, § 1141, Jan. 5, 2006, 119 Stat. 3110; Pub. L. 110–199, title I, § 103(a), Apr. 9, 2008, 122 Stat. 668.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 3797u–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Amendments

2008—Subsec. (a)(1). Pub. L. 110–199 inserted “that is punishable by a term of imprisonment exceeding one year” after “convicted of an offense” in introductory provisions.

2006—Subsec. (b). Pub. L. 109–162 substituted “a felony-level offense that” for “an offense that” in introductory provisions.

### Statutory Notes and Related Subsidiaries

### Construction of 2008 Amendment

For construction of amendments and provisions set out as a note below by Pub. L. 110–199 and requirements for grants made under such amendments and note, see section 60504 of this title.

### Period for Compliance

Pub. L. 110–199, title I, § 103(b), Apr. 9, 2008, 122 Stat. 668, provided that: “Notwithstanding section 2952(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u–1(2)) [now 34 U.S.C. 10612(2)], each grantee under part EE of such Act [34 U.S.C. 10611 et seq.] shall have not more than 3 years from the date of the enactment of this Act [Apr. 9, 2008] to adopt the definition of ‘violent offender’ under such part, as amended by subsection (a) of this section [amending this section].”