Federal Statutory Codes
The official code for federal statutes is the United States Code (U.S.C.). A new print edition is published every six years and updated annually between editions with a cumulative supplement. If you are citing a federal statute currently in force, The Bluebook dictates that you cite to the United States Code if it contains the current version of a statute (Rule 12.3).
There are also two unofficial codes for federal statutes: United States Code Annotated (U.S.C.A.) and United States Code Service (U.S.C.S.). These are both updated in print multiple times a year. Because Congress enacts news laws and amends and repeals existing laws frequently, you will often need to cite to one of these unofficial codes because the current version of a statute does not appear in the United States Code yet.
United States Code
A citation to a statute in the United States Code generally contains the following four elements:
- Title number
- U.S.C. (the abbreviation for United States Code in Table 1)
- Section number preceded by the section symbol (§) and a space
- Year of the code*
Here is an example:
17 U.S.C. § 107 (2012)
*It is important to note that the date in a citation to the United States Code is the year of the code edition cited as it appears on the spine of the print volume or the title page. It is not the year a statute was enacted or last amended.
Adding the Name of the Statute
In addition to this basic citation, you may need to include the name of the statute in some limited instances. According to The Bluebook, you may add the name of a statute as it appears in the session law if (1) you are citing to an entire act as codified in the United States Code, (2) if the statute is commonly cited that way, or (3) if the information aids in identification of the material cited (Rule 12 and Rule 12.3.1(a)). If you are citing to a specific provision, you may also need to include the original section number from the session law.
For example, the statute above (17 U.S.C. § 107) was originally enacted as part of the Copyright Act of 1976, Pub. L. No. 94-533, 90 Stat. 2541, which is currently codified in Title 17 of the United States Code. This specific provision (§ 107) was Section 101 of the Copyright Act of 1976. Therefore, if you needed to cite the entire Copyright Act of 1976 as currently codified in the United States Code or if it is necessary to include the name and original section number of Section 107 in a particular citation, the citations would be as follows:
Copyright Act of 1976, 17 U.S.C. §§ 101-1332 (2012)
Copyright Act of 1976 § 101, 17 U.S.C. § 107 (2012)
This same rule applies if you are citing a federal statute in an unofficial code (see below) and for state statutes.
In most instances, you do not need to include the name of the statute. However, if you cannot figure out whether you need to include the name of a statute in a citation or if you do not know how to find the name, ask your professor.
Unofficial Codes (U.S.C.A. & U.S.C.S.)
A citation to a federal statute in one of the unofficial codes is essentially the same as a citation to the United States Code with the addition of the publisher (Rule 12.3.1(d)) and Table 1):
- Title number
- U.S.C.A. or U.S.C.S. (abbreviation for the United States Code Annotated and United States Code Service in Table 1)
- Section number preceded by the section symbol (§) and a space
- Name of publisher
- Year of the code*
As you can see in Table 1, the United States Code Annotated is published by West and the United States Code Service is published by LexisNexis, so citations to statutes in each of these unofficial codes are as follows:
17 U.S.C.A. § 107 (West 2015)
17 U.S.C.S. § 107 (LexisNexis 2016)
*Again, the date in the citation is not the year a statute was enacted or last amended. For the United States Code Annotated and the United States Code Service, it is the date on the copyright page or the date on the title page, respectively, of the specific volume containing the statute.
Supplements and Pocket Parts
As mentioned previously, the current edition of the United States Code is updated in print with an annual supplement. The United States Code Annotated and United States Code Service are also updated in print with supplements or pocket parts (small pamphlets inserted in the back of a volume).
If a particular statute has been amended (or a new statute is enacted) and the changes appear in a supplement or pocket part, you will need to indicate this in the citation (Rule 12.3.1(e)). For example, if the statute above had been amended since the 2012 edition of the United States Code was published (which it has not) and the amendment appeared in the first annual supplement (Supplement I), you would cite it one of two ways. If the statute is completely amended such that the current version appears only in the supplement, the citation is formatted as follows:
17 U.S.C. § 107 (Supp. I 2014)
If the section is only partially updated (i.e., parts of the current version appear in both the main volume and the supplement), the citation is formatted as follows:
17 U.S.C. § 107 (2012 & Supp. I 2014)
The date of the supplement or pocket part can be found on the spine of the volume or front page.
State Statutory Codes
Like federal statutes, state statutes may be published in both an official code and an unofficial code, and The Bluebook requires you to cite to the official code, if possible (Rule 12.2.1).
Table 1 provides a list of statutory codes for each state and indicates which is the official/preferred code to cite as well as the abbreviations for each code. In Virginia, for example, Table 1 lists the official/preferred statutory code as Code of Virginia 1950 Annotated and the unofficial code as West's Annotated Code of Virginia.
Citing State Statutes
The citation format for state statutory codes is similar to federal statutes, but it varies by state. Table 1 provides the citation format for a particular state's statutory code.
In Virginia, for example, a citation to a statute in the Code of Virginia 1950 Annotated has the following three elements:
- Va. Code Ann. (abbreviation for the code in Table 1)
- Section number (x-x) preceded by a section symbol (§) and a space
- Year of the code*
Therefore, a citation to a statute in this code, would be formatted as follows:
Va. Code Ann. § x-x (year)
*As with federal statutory codes, the date in the citation is the year the statutory code was published, as it appears on the spine of the volume, the title page, or the copyright page, in that order of preference (Rule 12.3.2). It is not the date the statute was enacted or last amended.
Supplements and Pocket Parts
Like federal statutory codes, state statutory codes in print are updated with supplements or pocket parts, and the same rule (Rule 12.3.1(e)) applies to citing material in the supplements or pocket parts of state statutory codes.
Online Statutes
As discussed previously, The Bluebook requires you to cite statutes currently in force to the official code, if available. However, this does not necessarily mean the print version. The Bluebook also has rules that govern how to cite statutes on Westlaw, Lexis, and other commercial electronic databases.
Online Only Official Code
Some states publish their official statutes only online. In this case, Rule 12.5(b), allows you to cite directly to the online source.
It is important to note that just because a state legislature or other state government entity makes state statutes available online, it does not mean the online version is official for the purposes of citation. Many states publish their statutes online, but expressly state that they are not official.
Authentic, Official, or Exact Copies
According to Rule 12.5(b) and Rule 18.2.1(a), you can cite an online version of a code if it is an "authenticated, official, or exact copy" of a print code. If the online version meets one of these criteria—see Rule 18.2.1(a) for definitions—you cite to the online version as if you were citing the original print source.
For example, the database HeinOnline contains exact copies of the official print version of the United States Code in .pdf, so in accordance with Rule 18.2.1(a)(iii), you can cite to the United States Code on HeinOnline as if you used the official print version.
Important Note: The United States Code Annotated on Westlaw and the United States Code Service on Lexis are not authenticated, official, or exact copies of the print versions. To cite the U.S.C.A. or the U.S.C.S. online, follow the rule below.
Commercial Electronic Databases
While The Bluebook prefers citations to the current official code, it does provide a format for citing to statutory codes on Westlaw, Lexis, and other commercial electronic databases in Rule 12.5.
The citation is essentially same as it would be for the print version, except the date is different. As discussed previously, when citing statutes in print, the date is the year of the current print code, found either on the spine of the volume, the title page, or the copyright page. This date indicates which version of a statute you are citing. This information is, of course, not available in a commercial electronic database. Instead, Rule 12.5 says to provide the "currency of the database as provided by the database itself." Here are examples of how to cite 17 U.S.C.A. § 107 on Westlaw and 17 U.S.C.S. § 107 on Lexis:
17 U.S.C.A. § 107 (Westlaw through P.L. 115-72)
17 U.S.C.S. § 107 (LEXIS through PL 115-82, approved 11/2/17)
The currency information of a statutory code will be found in different places in each database. In Westlaw, for example, the currency information is found at the bottom of the screen when you are viewing a specific federal or state statute.