-CITE-

18 USC CHAPTER 103 - ROBBERY AND BURGLARY 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

.

-HEAD-

CHAPTER 103 - ROBBERY AND BURGLARY

-MISC1-

Sec.

2111. Special maritime and territorial jurisdiction.

2112. Personal property of United States.

2113. Bank robbery and incidental crimes.

2114. Mail, money, or other property of United States.

2115. Post office.

2116. Railway or steamboat post office.

2117. Breaking or entering carrier facilities.

2118. Robberies and burglaries involving controlled substances.

2119. Motor vehicles.

AMENDMENTS

1992 - Pub. L. 102-519, title I, Sec. 101(c), Oct. 25, 1992, 106

Stat. 3384, added item 2119.

1984 - Pub. L. 98-305, Sec. 3, May 31, 1984, 98 Stat. 222, added

item 2118.

1966 - Pub. L. 89-654, Sec. 2(d), Oct. 14, 1966, 80 Stat. 904,

substituted ''Breaking or entering carrier facilities'' for

''Railroad car entered or seal broken'' in item 2117.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 14135a.

-CITE-

18 USC Sec. 2111 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

-HEAD-

Sec. 2111. Special maritime and territorial jurisdiction

-STATUTE-

Whoever, within the special maritime and territorial jurisdiction

of the United States, by force and violence, or by intimidation,

takes or attempts to take from the person or presence of another

anything of value, shall be imprisoned not more than fifteen years.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 796; Pub. L. 103-322, title

XXXII, Sec. 320903(a)(1), Sept. 13, 1994, 108 Stat. 2124.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 463 (Mar. 4, 1909, ch.

321, Sec. 284, 35 Stat. 1144).

Words ''within the special maritime and territorial jurisdiction

of the United States'' were added to restrict the place of the

offense to those places described in section 451 of title 18,

U.S.C., 1940 ed., now section 7 of this title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 inserted ''or attempts to take'' after

''takes''.

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-217, Sec. 1, Oct. 1, 1996, 110 Stat. 3020, provided

that: ''This Act (amending section 2119 of this title) may be cited

as the 'Carjacking Correction Act of 1996'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3559, 5032 of this title;

title 42 section 14135a; title 49 section 46506.

-CITE-

18 USC Sec. 2112 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

-HEAD-

Sec. 2112. Personal property of United States

-STATUTE-

Whoever robs or attempts to rob another of any kind or

description of personal property belonging to the United States,

shall be imprisoned not more than fifteen years.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 796; Pub. L. 103-322, title

XXXII, Sec. 320903(a)(2), Sept. 13, 1994, 108 Stat. 2124.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 99 (Mar. 4, 1909, ch.

321, Sec. 46, 35 Stat. 1097).

That portion of said section 99 relating to felonious taking was

omitted as covered by section 641 of this title.

The punishment by fine of not more than $5,000 or imprisoned not

more than 10 years, or both, was changed to harmonize with section

2111 of this title. The 15-year penalty is not excessive for an

offense of this type.

Minor verbal change was made.

AMENDMENTS

1994 - Pub. L. 103-322 inserted ''or attempts to rob'' after

''robs''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 14135a.

-CITE-

18 USC Sec. 2113 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

-HEAD-

Sec. 2113. Bank robbery and incidental crimes

-STATUTE-

(a) Whoever, by force and violence, or by intimidation, takes, or

attempts to take, from the person or presence of another, or

obtains or attempts to obtain by extortion any property or money or

any other thing of value belonging to, or in the care, custody,

control, management, or possession of, any bank, credit union, or

any savings and loan association; or

Whoever enters or attempts to enter any bank, credit union, or

any savings and loan association, or any building used in whole or

in part as a bank, credit union, or as a savings and loan

association, with intent to commit in such bank, credit union, or

in such savings and loan association, or building, or part thereof,

so used, any felony affecting such bank, credit union, or such

savings and loan association and in violation of any statute of the

United States, or any larceny -

Shall be fined under this title or imprisoned not more than

twenty years, or both.

(b) Whoever takes and carries away, with intent to steal or

purloin, any property or money or any other thing of value

exceeding $1,000 belonging to, or in the care, custody, control,

management, or possession of any bank, credit union, or any savings

and loan association, shall be fined under this title or imprisoned

not more than ten years, or both; or

Whoever takes and carries away, with intent to steal or purloin,

any property or money or any other thing of value not exceeding

$1,000 belonging to, or in the care, custody, control, management,

or possession of any bank, credit union, or any savings and loan

association, shall be fined under this title or imprisoned not more

than one year, or both.

(c) Whoever receives, possesses, conceals, stores, barters,

sells, or disposes of, any property or money or other thing of

value which has been taken or stolen from a bank, credit union, or

savings and loan association in violation of subsection (b),

knowing the same to be property which has been stolen shall be

subject to the punishment provided in subsection (b) for the taker.

(d) Whoever, in committing, or in attempting to commit, any

offense defined in subsections (a) and (b) of this section,

assaults any person, or puts in jeopardy the life of any person by

the use of a dangerous weapon or device, shall be fined under this

title or imprisoned not more than twenty-five years, or both.

(e) Whoever, in committing any offense defined in this section,

or in avoiding or attempting to avoid apprehension for the

commission of such offense, or in freeing himself or attempting to

free himself from arrest or confinement for such offense, kills any

person, or forces any person to accompany him without the consent

of such person, shall be imprisoned not less than ten years, or if

death results shall be punished by death or life imprisonment.

(f) As used in this section the term ''bank'' means any member

bank of the Federal Reserve System, and any bank, banking

association, trust company, savings bank, or other banking

institution organized or operating under the laws of the United

States, including a branch or agency of a foreign bank (as such

terms are defined in paragraphs (1) and (3) of section 1(b) of the

International Banking Act of 1978), and any institution the

deposits of which are insured by the Federal Deposit Insurance

Corporation.

(g) As used in this section the term ''credit union'' means any

Federal credit union and any State-chartered credit union the

accounts of which are insured by the National Credit Union

Administration Board, and any ''Federal credit union'' as defined

in section 2 of the Federal Credit Union Act. The term

''State-chartered credit union'' includes a credit union chartered

under the laws of a State of the United States, the District of

Columbia, or any commonwealth, territory, or possession of the

United States.

(h) As used in this section, the term ''savings and loan

association'' means -

(1) a Federal savings association or State savings association

(as defined in section 3(b) of the Federal Deposit Insurance Act

(12 U.S.C. 1813(b))) having accounts insured by the Federal

Deposit Insurance Corporation; and

(2) a corporation described in section 3(b)(1)(C) of the

Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is

operating under the laws of the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 796; Aug. 3, 1950, ch. 516, 64

Stat. 394; Apr. 8, 1952, ch. 164, 66 Stat. 46; Pub. L. 86-354, Sec.

2, Sept. 22, 1959, 73 Stat. 639; Pub. L. 91-468, Sec. 8, Oct. 19,

1970, 84 Stat. 1017; Pub. L. 98-473, title II, Sec. 1106, Oct. 12,

1984, 98 Stat. 2145; Pub. L. 99-646, Sec. 68, Nov. 10, 1986, 100

Stat. 3616; Pub. L. 101-73, title IX, Sec. 962(a)(7), (d), Aug. 9,

1989, 103 Stat. 502, 503; Pub. L. 101-647, title XXV, Sec. 2597(l),

Nov. 29, 1990, 104 Stat. 4911; Pub. L. 103-322, title VI, Sec.

60003(a)(9), title XXXII, Sec. 320608, title XXXIII, Sec.

330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 1969, 2120, 2147; Pub.

L. 104-294, title VI, Sec. 606(a), 607(d), Oct. 11, 1996, 110 Stat.

3511; Pub. L. 107-273, div. B, title IV, Sec. 4002(d)(1)(C)(ii),

Nov. 2, 2002, 116 Stat. 1809.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 588a, 588b, 588c, of title 12, U.S.C., 1940

ed., Banks and Banking (May 18, 1934, ch. 304, Sec. 1, 2, 3, 48

Stat. 783; Aug. 23, 1935, ch. 614, Sec. 333, 49 Stat. 720; Aug. 24,

1937, ch. 747, 50 Stat. 749; June 29, 1940, ch. 455, 54 Stat. 695).

Section consolidates sections 588a, 588b, and 588c of title 12,

U.S.C., 1940 ed., Banks and Banking, as suggested by United States

Attorney Clyde O. Eastus, of Fort Worth, Tex.

Words ''felony or larceny'' in subsection (a) were changed to

''felony affecting such bank and in violation of any statute of the

United States, or any larceny''.

Use of term ''felony'' without limitation caused confusion as to

whether a common law, State, or Federal felony was intended.

Change conforms with Jerome v. U.S. (1943, 63 S. Ct. 483, 318 U.S.

101, 87 L. Ed. 640): ''Sec. 2(a) (Sec. 588b(a) of title 12, U.S.C.,

1940 ed., Banks and Banking) is not deprived of vitality if it is

interpreted to exclude State felonies and to include only those

Federal felonies which affect banks protected by the Act.''

Minimum punishment provisions were omitted from subsection (c).

(See reviser's note under section 203 of this title.) Also the

provisions of subsection (b) measuring the punishment by the amount

involved were extended and made applicable to the receiver as well

as the thief. There seems no good reason why the thief of less

than $100 should be liable to a maximum of imprisonment for one

year and the receiver subject to 10 years.

The figures ''100'' were substituted for ''50'' in view of the

fact that the present worth of $100 is less than the value of $50

when that sum was fixed as the dividing line between petit larceny

and grand larceny.

The attention of Congress is directed to the mandatory minimum

punishment provisions of sections 2113(e) and 2114 of this title.

These were left unchanged because of the controversial question

involved. Such legislative attempts to control the discretion of

the sentencing judge are contrary to the opinions of experienced

criminologists and criminal law experts. They are calculated to

work manifest injustice in many cases.

Necessary minor translations of section references, and changes

in phraseology, were made.

-REFTEXT-

REFERENCES IN TEXT

Section 1(b) of the International Banking Act of 1978, referred

to in subsec. (f), is classified to section 3101 of Title 12, Banks

and Banking.

Section 2 of the Federal Credit Union Act, referred to in subsec.

(g), is classified to section 1752 of Title 12.

-MISC2-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-273 substituted ''under this

title'' for ''not more than $1,000'' in last par.

1996 - Subsec. (b). Pub. L. 104-294, Sec. 606(a), substituted

''exceeding $1,000'' for ''exceeding $100'' in two places.

Subsec. (g). Pub. L. 104-294, Sec. 607(d), inserted at end ''The

term 'State-chartered credit union' includes a credit union

chartered under the laws of a State of the United States, the

District of Columbia, or any commonwealth, territory, or possession

of the United States.''

1994 - Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(K),

substituted ''fined under this title'' for ''fined not more than

$5,000'' in last par. of subsec. (a) and first par. of subsec. (b).

Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(L), substituted

''fined under this title'' for ''fined not more than $10,000''.

Subsec. (e). Pub. L. 103-322, Sec. 60003(a)(9), substituted ''or

if death results shall be punished by death or life imprisonment''

for ''or punished by death if the verdict of the jury shall so

direct''.

Subsec. (h). Pub. L. 103-322, Sec. 320608, added subsec. (h).

1990 - Subsec. (f). Pub. L. 101-647 inserted ''including a branch

or agency of a foreign bank (as such terms are defined in

paragraphs (1) and (3) of section 1(b) of the International Banking

Act of 1978),'' after ''operating under the laws of the United

States,''.

1989 - Subsec. (f). Pub. L. 101-73, Sec. 962(d)(1), substituted

''any institution the deposits of which'' for ''any bank the

deposits of which''.

Subsecs. (g), (h). Pub. L. 101-73, Sec. 962(a)(7), (d)(2), (3),

redesignated subsec. (h) as (g), substituted ''National Credit

Union Administration Board, and any 'Federal credit union' as

defined in section 2 of the Federal Credit Union Act'' for

''Administrator of the National Credit Union Administration'', and

struck out former subsec. (g) which read as follows: ''As used in

this section the term 'savings and loan association' means any

Federal savings and loan association and any 'insured institution'

as defined in section 401 of the National Housing Act, as amended,

and any 'Federal credit union' as defined in section 2 of the

Federal Credit Union Act.''

1986 - Subsec. (a). Pub. L. 99-646 inserted '', or obtains or

attempts to obtain by extortion'' after ''presence of another'' in

first par.

1984 - Subsec. (c). Pub. L. 98-473 amended subsec. (c) generally,

substituting ''which has been taken or stolen from a bank, credit

union, or savings and loan association in violation of subsection

(b), knowing the same to be property which has been stolen'' for

''knowing the same to have been taken from a bank, credit union, or

a savings and loan association, in violation of subsection (b) of

this section''.

1970 - Subsecs. (a) to (c). Pub. L. 91-468, Sec. 8(1), inserted

reference to ''credit union'' after ''bank,'' each place it

appears.

Subsec. (h). Pub. L. 91-468, Sec. 8(2), added subsec. (h).

1959 - Subsec. (g). Pub. L. 86-354 included Federal credit unions

in definition of ''savings and loan association''.

1952 - Subsec. (g). Act Apr. 8, 1952, broadened definition of

''savings and loan association'' by including any insured

institution as defined in section 401 of the National Housing Act,

as amended.

1950 - Act Aug. 3, 1950, brought within section State-chartered

savings and loan associations whose accounts are insured by the

Federal Savings and Loan Insurance Corporation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1956, 3559, 5032 of this

title; title 42 section 14135a.

-CITE-

18 USC Sec. 2114 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

-HEAD-

Sec. 2114. Mail, money, or other property of United States

-STATUTE-

(a) Assault. - A person who assaults any person having lawful

charge, control, or custody of any mail matter or of any money or

other property of the United States, with intent to rob, steal, or

purloin such mail matter, money, or other property of the United

States, or robs or attempts to rob any such person of mail matter,

or of any money, or other property of the United States, shall, for

the first offense, be imprisoned not more than ten years; and if in

effecting or attempting to effect such robbery he wounds the person

having custody of such mail, money, or other property of the United

States, or puts his life in jeopardy by the use of a dangerous

weapon, or for a subsequent offense, shall be imprisoned not more

than twenty-five years.

(b) Receipt, Possession, Concealment, or Disposal of Property. -

A person who receives, possesses, conceals, or disposes of any

money or other property that has been obtained in violation of this

section, knowing the same to have been unlawfully obtained, shall

be imprisoned not more than 10 years, fined under this title, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 797; Pub. L. 98-473, title II,

Sec. 223(d), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 101-647, title

XXXV, Sec. 3562, Nov. 29, 1990, 104 Stat. 4927; Pub. L. 103-322,

title XXXII, Sec. 320602, 320903(a)(3), Sept. 13, 1994, 108 Stat.

2115, 2124; Pub. L. 104-294, title VI, Sec. 604(b)(17), Oct. 11,

1996, 110 Stat. 3507.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 320 (Mar. 4, 1909, ch.

321, Sec. 197, 35 Stat. 1126; Aug. 26, 1935, ch. 694, 49 Stat.

867).

The attention of Congress is directed to the mandatory minimum

punishment provisions of sections 2113(e) and 2114 of this title.

These were left unchanged because of the controversial question

involved. Such legislative attempts to control the discretion of

the sentencing judge are contrary to the opinions of experienced

criminologists and criminal law experts. They are calculated to

work manifest injustice in many cases.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 amended Pub. L. 103-322, Sec. 320602. See

1994 Amendment note below.

1994 - Pub. L. 103-322, Sec. 320903(a)(3), inserted ''or attempts

to rob'' after ''robs'' in subsec. (a).

Pub. L. 103-322, Sec. 320602, as amended by Pub. L. 104-294, Sec.

604(b)(17), designated existing provisions as subsec. (a), inserted

heading, substituted ''A person who'' for ''Whoever'', and added

subsec. (b).

1990 - Pub. L. 101-647 inserted a comma after ''money'' in

section catchline.

1984 - Pub. L. 98-473, which directed insertion of ''not more

than'' after ''imprisoned'', was executed by making the insertion

after ''imprisoned'' the second time appearing.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1956 of this title; title

39 section 1008; title 42 section 14135a.

-CITE-

18 USC Sec. 2115 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

-HEAD-

Sec. 2115. Post office

-STATUTE-

Whoever forcibly breaks into or attempts to break into any post

office, or any building used in whole or in part as a post office,

with intent to commit in such post office, or building or part

thereof, so used, any larceny or other depredation, shall be fined

under this title or imprisoned not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 797; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 315 (Mar. 4, 1909, ch.

321, Sec. 192, 335 Stat. 1125).

Mandatory punishment provisions were rephrased in the

alternative.

Minor change in phraseology was made.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000''.

-CITE-

18 USC Sec. 2116 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

-HEAD-

Sec. 2116. Railway or steamboat post office

-STATUTE-

Whoever, by violence, enters a post-office car, or any part of

any car, steamboat, or vessel, assigned to the use of the mail

service, or willfully or maliciously assaults or interferes with

any postal clerk in the discharge of his duties in connection with

such car, steamboat, vessel, or apartment thereof, shall be fined

under this title or imprisoned not more than three years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 797; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 316 (Mar. 4, 1909, ch.

321, Sec. 193, 35 Stat. 1125).

Reference to persons aiding or assisting was deleted as

unnecessary because such persons are made principals by section 2

of this title.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 14135a.

-CITE-

18 USC Sec. 2117 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

-HEAD-

Sec. 2117. Breaking or entering carrier facilities

-STATUTE-

Whoever breaks the seal or lock of any railroad car, vessel,

aircraft, motortruck, wagon or other vehicle or of any pipeline

system, containing interstate or foreign shipments of freight or

express or other property, or enters any such vehicle or pipeline

system with intent in either case to commit larceny therein, shall

be fined under this title or imprisoned not more than ten years, or

both.

A judgment of conviction or acquittal on the merits under the

laws of any State shall be a bar to any prosecution under this

section for the same act or acts. Nothing contained in this

section shall be construed as indicating an intent on the part of

Congress to occupy the field in which provisions of this section

operate to the exclusion of State laws on the same subject matter,

nor shall any provision of this section be construed as

invalidating any provision of State law unless such provision is

inconsistent with any of the purposes of this section or any

provision thereof.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 797; May 24, 1949, ch. 139, Sec.

44, 63 Stat. 96; Pub. L. 89-654, Sec. 2(a)-(c), Oct. 14, 1966, 80

Stat. 904; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept.

13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 409 (Feb. 13, 1913, ch.

50, Sec. 1, 37 Stat. 670; Jan. 28, 1925, ch. 102, 43 Stat. 793;

Jan. 21, 1933, ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60

Stat. 656).

Other provisions of section 409 of title 18, U.S.C., 1940 ed.,

were incorporated in sections 659 and 660 of this title.

Minor changes were made in phraseology.

1949 ACT

This section (section 44) conforms section 2117 of title 18,

U.S.C., more closely with the original law from which it was

derived, and with section 659 of such title.

AMENDMENTS

1994 - Pub. L. 103-322, which directed the amendment of section

2217 of this title by substituting ''under this title'' for ''not

more than $5,000'', was executed by making the substitution in the

first par. of this section, to reflect the probable intent of

Congress, because this title does not contain a section 2217.

1966 - Pub. L. 89-654 substituted ''Breaking or entering carrier

facilities'' for ''Railroad car entered or seal broken'' as section

catchline, inserted reference to ''pipeline system'', substituted

''freight or express or other property'' for ''freight or

express'', and prohibited any construction which might indicate a

Congressional intent to occupy the field or invalidate State law.

1949 - Act May 24, 1949, inserted last par.

-EXEC-

EXECUTIVE ORDER NO. 11836

Ex. Ord. No. 11836, Jan. 27, 1975, 40 F.R. 4255, which assigned

responsibilities to Federal departments and agencies with respect

to the National Cargo Security Program, was revoked by Ex. Ord. No.

12553, Feb. 25, 1986, 51 F.R. 7237.

-CITE-

18 USC Sec. 2118 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

-HEAD-

Sec. 2118. Robberies and burglaries involving controlled substances

-STATUTE-

(a) Whoever takes or attempts to take from the person or presence

of another by force or violence or by intimidation any material or

compound containing any quantity of a controlled substance

belonging to or in the care, custody, control, or possession of a

person registered with the Drug Enforcement Administration under

section 302 of the Controlled Substances Act (21 U.S.C. 822) shall,

except as provided in subsection (c), be fined under this title or

imprisoned not more than twenty years, or both, if (1) the

replacement cost of the material or compound to the registrant was

not less than $500, (2) the person who engaged in such taking or

attempted such taking traveled in interstate or foreign commerce or

used any facility in interstate or foreign commerce to facilitate

such taking or attempt, or (3) another person was killed or

suffered significant bodily injury as a result of such taking or

attempt.

(b) Whoever, without authority, enters or attempts to enter, or

remains in, the business premises or property of a person

registered with the Drug Enforcement Administration under section

302 of the Controlled Substances Act (21 U.S.C. 822) with the

intent to steal any material or compound containing any quantity of

a controlled substance shall, except as provided in subsection (c),

be fined under this title or imprisoned not more than twenty years,

or both, if (1) the replacement cost of the controlled substance to

the registrant was not less than $500, (2) the person who engaged

in such entry or attempted such entry or who remained in such

premises or property traveled in interstate or foreign commerce or

used any facility in interstate or foreign commerce to facilitate

such entry or attempt or to facilitate remaining in such premises

or property, or (3) another person was killed or suffered

significant bodily injury as a result of such entry or attempt.

(c)(1) Whoever in committing any offense under subsection (a) or

(b) assaults any person, or puts in jeopardy the life of any

person, by the use of a dangerous weapon or device shall be fined

under this title and imprisoned for not more than twenty-five

years.

(2) Whoever in committing any offense under subsection (a) or (b)

kills any person shall be fined under this title or imprisoned for

any term of years or life, or both.

(d) If two or more persons conspire to violate subsection (a) or

(b) of this section and one or more of such persons do any overt

act to effect the object of the conspiracy, each shall be fined

under this title or imprisoned not more than ten years or both.

(e) For purposes of this section -

(1) the term ''controlled substance'' has the meaning

prescribed for that term by section 102 of the Controlled

Substances Act;

(2) the term ''business premises or property'' includes

conveyances and storage facilities; and

(3) the term ''significant bodily injury'' means bodily injury

which involves a risk of death, significant physical pain,

protracted and obvious disfigurement, or a protracted loss or

impairment of the function of a bodily member, organ, or mental

or sensory faculty.

-SOURCE-

(Added Pub. L. 98-305, Sec. 2, May 31, 1984, 98 Stat. 221; amended

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(O)-(Q), Sept. 13,

1994, 108 Stat. 2148.)

-REFTEXT-

REFERENCES IN TEXT

Section 102 of the Controlled Substances Act, referred to in

subsec. (e)(1), is classified to section 802 of Title 21, Food and

Drugs.

-MISC2-

AMENDMENTS

1994 - Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(O),

substituted ''fined under this title'' for ''fined not more than

$25,000''.

Subsec. (c)(1). Pub. L. 103-322, Sec. 330016(1)(P), substituted

''fined under this title'' for ''fined not more than $35,000''.

Subsec. (c)(2). Pub. L. 103-322, Sec. 330016(1)(Q), substituted

''fined under this title'' for ''fined not more than $50,000''.

Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(O), substituted

''fined under this title'' for ''fined not more than $25,000''.

SHORT TITLE

Section 1 of Pub. L. 98-305 provided: ''That this Act (enacting

this section and provisions set out as a note under section 522 of

Title 28, Judiciary and Judicial Procedure) may be cited as the

'Controlled Substance Registrant Protection Act of 1984'.''

REPORT TO CONGRESS

Attorney General, for first three years after May 31, 1984, to

submit to Congress an annual report with respect to enforcement

activities relating to offenses under this section, see section 4

of Pub. L. 98-305, set out as a note under section 522 of Title 28,

Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3559 of this title; title

42 section 14135a.

-CITE-

18 USC Sec. 2119 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 103 - ROBBERY AND BURGLARY

-HEAD-

Sec. 2119. Motor vehicles

-STATUTE-

Whoever, with the intent to cause death or serious bodily harm

(FOOTNOTE 1) takes a motor vehicle that has been transported,

shipped, or received in interstate or foreign commerce from the

person or presence of another by force and violence or by

intimidation, or attempts to do so, shall -

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(1) be fined under this title or imprisoned not more than 15

years, or both,

(2) if serious bodily injury (as defined in section 1365 of

this title, including any conduct that, if the conduct occurred

in the special maritime and territorial jurisdiction of the

United States, would violate section 2241 or 2242 of this title)

results, be fined under this title or imprisoned not more than 25

years, or both, and

(3) if death results, be fined under this title or imprisoned

for any number of years up to life, or both, or sentenced to

death.

-SOURCE-

(Added Pub. L. 102-519, title I, Sec. 101(a), Oct. 25, 1992, 106

Stat. 3384; amended Pub. L. 103-322, title VI, Sec. 60003(a)(14),

Sept. 13, 1994, 108 Stat. 1970; Pub. L. 104-217, Sec. 2, Oct. 1,

1996, 110 Stat. 3020.)

-MISC1-

AMENDMENTS

1996 - Par. (2). Pub. L. 104-217 inserted '', including any

conduct that, if the conduct occurred in the special maritime and

territorial jurisdiction of the United States, would violate

section 2241 or 2242 of this title'' after ''section 1365 of this

title''.

1994 - Pub. L. 103-322, Sec. 60003(a)(14), which directed the

amendment of section 2119(3) of title 18 by substituting '', with

the intent to cause death or serious bodily harm'' for '',

possessing a firearm as defined in section 921 of this title,'',

was executed by making the substitution in introductory provisions

rather than in par. (3), to reflect the probable intent of

Congress.

Par. (3). Pub. L. 103-322, Sec. 60003(a)(14), inserted before

period at end '', or sentenced to death''.

FEDERAL COOPERATION TO PREVENT ''CARJACKING'' AND MOTOR VEHICLE

THEFT

Section 101(b) of Pub. L. 102-519 provided that: ''In view of the

increase of motor vehicle theft with its growing threat to human

life and to the economic well-being of the Nation, the Attorney

General, acting through the Federal Bureau of Investigation and the

United States Attorneys, is urged to work with State and local

officials to investigate car thefts, including violations of

section 2119 of title 18, United States Code, for armed carjacking,

and as appropriate and consistent with prosecutorial discretion,

prosecute persons who allegedly violate such law and other relevant

Federal statutes.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 2266, 3559 of

this title; title 42 section 14135a.

-CITE-