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18 USC CHAPTER 113 - STOLEN PROPERTY 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

.

-HEAD-

CHAPTER 113 - STOLEN PROPERTY

-MISC1-

Sec.

2311. Definitions.

2312. Transportation of stolen vehicles.

2313. Sale or receipt of stolen vehicles.

2314. Transportation of stolen goods, securities, moneys,

fraudulent State tax stamps, or articles used in counterfeiting.

2315. Sale or receipt of stolen goods, securities, moneys, or

fraudulent State tax stamps.

2316. Transportation of livestock.

2317. Sale or receipt of livestock.

2318. Trafficking in counterfeit labels for phonorecords, copies of

computer programs or computer program documentation or packaging,

and copies of motion pictures or other audio visual works, and

trafficking in counterfeit computer program documentation or

packaging.

2319. Criminal infringement of a copyright.

2319A. Unauthorized fixation of and trafficking in sound recordings

and music videos of live musical performances.

2320. Trafficking in counterfeit goods or services.

2321. Trafficking in certain motor vehicles or motor vehicle parts.

2322. Chop shops.

AMENDMENTS

1996 - Pub. L. 104-153, Sec. 4(b)(2), July 2, 1996, 110 Stat.

1387, substituted ''Trafficking in counterfeit labels for

phonorecords, copies of computer programs or computer program

documentation or packaging, and copies of motion pictures or other

audio visual works, and trafficking in counterfeit computer program

documentation or packaging'' for ''Trafficking in counterfeit

labels for phonorecords and copies of motion pictures or other

audiovisual works'' in item 2318.

1994 - Pub. L. 103-465, title V, Sec. 513(b), Dec. 8, 1994, 108

Stat. 4976, added item 2319A.

1992 - Pub. L. 102-519, title I, Sec. 105(b), Oct. 25, 1992, 106

Stat. 3386, added item 2322.

1986 - Pub. L. 99-646, Sec. 42(b), Nov. 10, 1986, 100 Stat. 3601,

renumbered item 2320 relating to trafficking in certain motor

vehicles or motor vehicle parts as item 2321.

1984 - Pub. L. 98-547, title II, Sec. 204(b), Oct. 25, 1984, 98

Stat. 2770, added item 2320 relating to trafficking in certain

motor vehicles or motor vehicle parts.

Pub. L. 98-473, title II, Sec. 1115, 1502(b), Oct. 12, 1984, 98

Stat. 2149, 2179, substituted ''livestock'' for ''cattle'' in items

2316 and 2317 and added item 2320 relating to trafficking in

counterfeit goods or services.

1982 - Pub. L. 97-180, Sec. 4, May 24, 1982, 96 Stat. 92,

substituted ''Trafficking in counterfeit labels for phonorecords

and copies of motion pictures or other audiovisual works'' for

''Transportation, sale, or receipt of phonograph records bearing

forged or counterfeit labels'' in item 2318 and added item 2319.

1962 - Pub. L. 87-773, Sec. 2, Oct. 9, 1962, 76 Stat. 775, added

item 2318.

1961 - Pub. L. 87-371, Sec. 4, Oct. 4, 1961, 75 Stat. 802,

inserted ''fraudulent State tax stamps,'' in item 2314, and

substituted ''moneys, or fraudulent State tax stamps'' for ''or

monies'' in item 2315.

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18 USC Sec. 2311 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2311. Definitions

-STATUTE-

As used in this chapter:

''Aircraft'' means any contrivance now known or hereafter

invented, used, or designed for navigation of or for flight in the

air;

''Cattle'' means one or more bulls, steers, oxen, cows, heifers,

or calves, or the carcass or carcasses thereof;

''Livestock'' means any domestic animals raised for home use,

consumption, or profit, such as horses, pigs, llamas, goats, fowl,

sheep, buffalo, and cattle, or the carcasses thereof;

''Money'' means the legal tender of the United States or of any

foreign country, or any counterfeit thereof;

''Motor vehicle'' includes an automobile, automobile truck,

automobile wagon, motorcycle, or any other self-propelled vehicle

designed for running on land but not on rails;

''Securities'' includes any note, stock certificate, bond,

debenture, check, draft, warrant, traveler's check, letter of

credit, warehouse receipt, negotiable bill of lading, evidence of

indebtedness, certificate of interest or participation in any

profit-sharing agreement, collateral-trust certificate,

preorganization certificate or subscription, transferable share,

investment contract, voting-trust certificate; valid or blank motor

vehicle title; certificate of interest in property, tangible or

intangible; instrument or document or writing evidencing ownership

of goods, wares, and merchandise, or transferring or assigning any

right, title, or interest in or to goods, wares, and merchandise;

or, in general, any instrument commonly known as a ''security'', or

any certificate of interest or participation in, temporary or

interim certificate for, receipt for, warrant, or right to

subscribe to or purchase any of the foregoing, or any forged,

counterfeited, or spurious representation of any of the foregoing;

''Tax stamp'' includes any tax stamp, tax token, tax meter

imprint, or any other form of evidence of an obligation running to

a State, or evidence of the discharge thereof;

''Value'' means the face, par, or market value, whichever is the

greatest, and the aggregate value of all goods, wares, and

merchandise, securities, and money referred to in a single

indictment shall constitute the value thereof.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 87-371, Sec. 1, Oct.

4, 1961, 75 Stat. 802; Pub. L. 98-547, title II, Sec. 202, Oct. 25,

1984, 98 Stat. 2770; Pub. L. 103-322, title XXXII, Sec. 320912,

Sept. 13, 1994, 108 Stat. 2128; Pub. L. 104-294, title VI, Sec.

604(b)(20), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 107-273, div.

B, title IV, Sec. 4002(b)(8), Nov. 2, 2002, 116 Stat. 1808.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 408, 414(b), (c), 417,

419a(a) (Oct. 29, 1919, ch. 89, Sec. 2(a), 41 Stat. 324; May 22,

1934, ch. 333, Sec. 2(b), (c), 5, 48 Stat. 794, 795; Aug. 3, 1939,

ch. 413, Sec. 3, 53 Stat. 1178; Aug. 18, 1941, ch. 366, Sec. 2(a),

55 Stat. 631; Sept. 24, 1945, ch. 383, Sec. 1, 59 Stat. 536).

The definitive provisions in each of said sections were separated

therefrom and consolidated into this one section defining terms

used in this chapter.

The definitions of ''interstate or foreign commerce'', contained

in said section 408 and in sections 414(a) and 419a(b) of title 18,

U.S.C., 1940 ed., are incorporated in section 10 of this title.

Other provisions of section 408 of title 18, U.S.C., 1940 ed.,

are incorporated in sections 2312 and 2313 of this title.

In the definition of ''motor vehicle'', words ''designed for

running on land but not on rails'' were substituted for ''not

designed for running on rails'' so as to conform with the ruling in

the case of McBoyle v. U.S. (1931, 51 S. Ct. 340, 283, U. S. 25,

75 L. Ed. 816), in which the Supreme Court held that ''vehicle'' is

limited to vehicles running on land and that motor vehicle does not

include an airplane.

In the paragraph defining ''value'' which came from said section

417 of title 18, U.S.C., 1940 ed., words ''In the event that a

defendant is charged in the same indictment with two or more

violations of sections 413-419 of this title, then'' were omitted

and the same meaning was preserved by the substitution of the words

''a single'' for the word ''such.''

Minor changes were made in phraseology.

AMENDMENTS

2002 - Pub. L. 107-273 substituted semicolon for period at end of

third par.

1996 - Pub. L. 104-294 substituted ''Livestock'' for

''livestock'' in third par.

1994 - Pub. L. 103-322 inserted definition of ''livestock''.

1984 - Pub. L. 98-547 inserted ''valid or blank motor vehicle

title;'' in definition of ''Securities''.

1961 - Pub. L. 87-371 inserted definition of ''Tax stamp''.

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.

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-147, Sec. 1, Dec. 16, 1997, 111 Stat. 2678, provided

that: ''This Act (amending sections 2319 to 2320 of this title,

sections 101, 506, and 507 of Title 17, Copyrights, and section

1498 of Title 28, Judiciary and Judicial Procedure, and enacting

provisions set out as a note under section 994 of Title 28) may be

cited as the 'No Electronic Theft (NET) Act'.''

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-153, Sec. 1, July 2, 1996, 110 Stat. 1386, provided

that: ''This Act (amending sections 1961, 2318, and 2320 of this

title, sections 1116 and 1117 of Title 15, Commerce and Trade,

section 603 of Title 17, Copyrights, sections 1431, 1484, and 1526

of Title 19, Customs Duties, and section 80302 of Title 49,

Transportation, and enacting provisions set out as notes under this

section and section 1431 of Title 19) may be cited as the

'Anticounterfeiting Consumer Protection Act of 1996'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-519, Sec. 1, Oct. 25, 1992, 106 Stat. 3384, provided

that: ''This Act (enacting sections 2119 and 2322 of this title,

sections 2026a to 2026c and 2041 to 2044 of Title 15, Commerce and

Trade, sections 1646b and 1646c of Title 19, Customs Duties, and

sections 3750a to 3750d of Title 42, The Public Health and Welfare,

amending sections 553, 981, 982, 2312, and 2313 of this title,

sections 2021 to 2023, 2025, 2027, and 2034 of Title 15, and

enacting provisions set out as notes under section 2119 of this

title, sections 2026a, 2026b, and 2041 of Title 15, and section

1646b of Title 19) may be cited as the 'Anti Car Theft Act of

1992'.''

SHORT TITLE OF 1984 AMENDMENTS

Section 1(a) of Pub. L. 98-547 provided that: ''This Act

(enacting sections 511, 512, 553, and 2320 (now 2321) of this

title, sections 2021 to 2034 of Title 15, Commerce and Trade, and

section 1627 of Title 19, Customs Duties, amending this section,

sections 1961 and 2313 of this title, and section 1901 of Title 15,

and enacting provisions set out as a note under section 2021 of

Title 15) may be cited as the 'Motor Vehicle Theft Law Enforcement

Act of 1984'.''

Section 1501 of chapter XV (Sec. 1501-1503) of title II of Pub.

L. 98-473 provided that: ''This chapter (enacting section 2320 of

this title and amending sections 1116, 1117, and 1118 of Title 15,

Commerce and Trade) may be cited as the 'Trademark Counterfeiting

Act of 1984'.''

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-180, Sec. 1, May 24, 1982, 96 Stat. 91, provided:

''That this Act (enacting section 2319 of this title and amending

section 2318 of this title and section 506 of Title 17, Copyrights)

may be cited as the 'Piracy and Counterfeiting Amendments Act of

1982'.''

COUNTERFEITING OF TRADEMARKED AND COPYRIGHTED MERCHANDISE;

CONGRESSIONAL STATEMENT OF FINDINGS

Pub. L. 104-153, Sec. 2, July 2, 1996, 110 Stat. 1386, provided

that: ''The counterfeiting of trademarked and copyrighted

merchandise -

''(1) has been connected with organized crime;

''(2) deprives legitimate trademark and copyright owners of

substantial revenues and consumer goodwill;

''(3) poses health and safety threats to United States

consumers;

''(4) eliminates United States jobs; and

''(5) is a multibillion-dollar drain on the United States

economy.''

CONGRESSIONAL DECLARATION OF PURPOSE OF 1984 AMENDMENT

Section 2 of Pub. L. 98-547 provided that: ''It is the purpose of

this Act (see Short Title of 1984 Amendments note above) -

''(1) to provide for the identification of certain motor

vehicles and their major replacement parts to impede motor

vehicle theft;

''(2) to augment the Federal criminal penalties imposed upon

persons trafficking in stolen motor vehicles;

''(3) to encourage decreases in premiums charged consumers for

motor vehicle theft insurance; and

''(4) to reduce opportunities for exporting or importing stolen

motor vehicles and off-highway mobile equipment.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 667 of this title.

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18 USC Sec. 2312 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2312. Transportation of stolen vehicles

-STATUTE-

Whoever transports in interstate or foreign commerce a motor

vehicle or aircraft, knowing the same to have been stolen, shall be

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

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 102-519, title I,

Sec. 103, Oct. 25, 1992, 106 Stat. 3385.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 408 (Oct. 29, 1919, ch.

89, Sec. 1, 3, 5, 41 Stat. 324, 325; Sept. 24, 1945, ch. 383, Sec.

2, 3, 59 Stat. 536).

The first sentence of said section 408, providing the short title

''An Act to punish the transportation of stolen motor vehicles or

aircraft in interstate or foreign commerce,'' and derived from

section 1 of said act of October 29, 1919, as amended, was omitted

as not appropriate in a revision.

Definitions of ''aircraft,'' ''motor vehicle,'' and ''interstate

or foreign commerce,'' which constituted the second sentence of

said section 408 of title 18, U.S.C., 1940 ed., and were derived

from section 2 of said act of October 29, 1919, as amended, are

incorporated in sections 10 and 2311 of this title.

Provision relating to receiving or selling stolen aircraft or

motor vehicles, which was derived from section 4 of the act of

October 29, 1919, as amended, is incorporated in section 2313 of

this title.

Venue provision, which was derived from section 5 of the act of

October 29, 1919, was omitted as unnecessary, being covered by

section 3237 of this title.

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-519 substituted ''fined under this title or

imprisoned not more than 10 years'' for ''fined not more than

$5,000 or imprisoned not more than five years''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 1961, 2516 of

this title.

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18 USC Sec. 2313 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2313. Sale or receipt of stolen vehicles

-STATUTE-

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

sells, or disposes of any motor vehicle or aircraft, which has

crossed a State or United States boundary after being stolen,

knowing the same to have been stolen, shall be fined under this

title or imprisoned not more than 10 years, or both.

(b) For purposes of this section, the term ''State'' includes a

State of the United States, the District of Columbia, and any

commonwealth, territory, or possession of the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 98-547, title II,

Sec. 203, Oct. 25, 1984, 98 Stat. 2770; Pub. L. 101-647, title XII,

Sec. 1205(l), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 102-519, title

I, Sec. 103, Oct. 25, 1992, 106 Stat. 3385.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 408 (Oct. 29, 1919, ch.

89, Sec. 4, 41 Stat. 325; Sept. 24, 1945, ch. 383, Sec. 2, 3, 59

Stat. 536).

Section constitutes the fourth sentence of said section 408 of

title 18, U.S.C., 1940 ed.

Definitions of ''aircraft,'' ''motor vehicle,'' and ''interstate

or foreign commerce,'' which constituted the second sentence of

said section 408, are incorporated in sections 10 and 2311 of this

title.

The third sentence of said section 408, relating to transporting

stolen aircraft or motor vehicles, is incorporated in section 2312

of this title.

The first sentence of said section 408, providing the short

title, and the fifth sentence thereof, relating to venue, were

omitted. (See reviser's note under section 2312 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-519 substituted ''fined under

this title or imprisoned not more than 10 years'' for ''fined not

more than $5,000 or imprisoned not more than five years''.

1990 - Pub. L. 101-647 designated existing provisions as subsec.

(a) and added subsec. (b).

1984 - Pub. L. 98-547 inserted ''possesses,'' after ''receives,''

and substituted ''which has crossed a State or United States

boundary after being stolen,'' for ''moving as, or which is a part

of, or which constitutes interstate or foreign commerce,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 1961, 2516 of

this title.

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18 USC Sec. 2314 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2314. Transportation of stolen goods, securities, moneys,

fraudulent State tax stamps, or articles used in counterfeiting

-STATUTE-

Whoever transports, transmits, or transfers in interstate or

foreign commerce any goods, wares, merchandise, securities or

money, of the value of $5,000 or more, knowing the same to have

been stolen, converted or taken by fraud; or

Whoever, having devised or intending to devise any scheme or

artifice to defraud, or for obtaining money or property by means of

false or fraudulent pretenses, representations, or promises,

transports or causes to be transported, or induces any person or

persons to travel in, or to be transported in interstate or foreign

commerce in the execution or concealment of a scheme or artifice to

defraud that person or those persons of money or property having a

value of $5,000 or more; or

Whoever, with unlawful or fraudulent intent, transports in

interstate or foreign commerce any falsely made, forged, altered,

or counterfeited securities or tax stamps, knowing the same to have

been falsely made, forged, altered, or counterfeited; or

Whoever, with unlawful or fraudulent intent, transports in

interstate or foreign commerce any traveler's check bearing a

forged countersignature; or

Whoever, with unlawful or fraudulent intent, transports in

interstate or foreign commerce, any tool, implement, or thing used

or fitted to be used in falsely making, forging, altering, or

counterfeiting any security or tax stamps, or any part thereof -

Shall be fined under this title or imprisoned not more than ten

years, or both.

This section shall not apply to any falsely made, forged,

altered, counterfeited or spurious representation of an obligation

or other security of the United States, or of an obligation, bond,

certificate, security, treasury note, bill, promise to pay or bank

note issued by any foreign government. This section also shall not

apply to any falsely made, forged, altered, counterfeited, or

spurious representation of any bank note or bill issued by a bank

or corporation of any foreign country which is intended by the laws

or usage of such country to circulate as money.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 806; May 24, 1949, ch. 139, Sec.

45, 63 Stat. 96; July 9, 1956, ch. 519, 70 Stat. 507; Pub. L.

87-371, Sec. 2, Oct. 4, 1961, 75 Stat. 802; Pub. L. 90-535, Sept.

28, 1968, 82 Stat. 885; Pub. L. 100-690, title VII, Sec. 7057,

7080, Nov. 18, 1988, 102 Stat. 4402, 4406; Pub. L. 101-647, title

XII, Sec. 1208, Nov. 29, 1990, 104 Stat. 4832; Pub. L. 103-322,

title XXXIII, Sec. 330016(1)(K), (L), Sept. 13, 1994, 108 Stat.

2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 413, 415, 418, 418a,

419 (May 22, 1934, ch. 333, Sec. 1, 3, 6, 48 Stat. 794, 795; May

22, 1934, ch. 333, Sec. 7, as added Aug. 3, 1939, ch. 413, Sec. 5,

53 Stat. 1179; May 22, 1934, ch. 333, Sec. 7, renumbered Sec. 8 by

Aug. 3, 1939, ch. 413, Sec. 6, 53 Stat. 1179; Aug. 3, 1939, ch.

413, Sec. 1, 4, 5, 53 Stat. 1178, 1179).

Section consolidates sections 413, 415, 417, 418, 418a, and 419

of title 18, U.S.C., 1940 ed.

Words ''or with intent to steal or purloin, knowing the same to

have been so stolen, converted, or taken'' were omitted as

surplusage, since property so ''taken'' is ''stolen,'' and

insertion of word ''knowingly'' after ''Whoever'' at beginning of

section renders such omission possible.

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Section 413 of title 18, U.S.C., 1940 ed., providing the short

title ''National Stolen Property Act,'' was omitted as not

appropriate in a revision.

Section 414 of title 18, U.S.C., 1940 ed., containing definitions

of ''interstate or foreign commerce,'' ''securities,'' and

''money,'' is incorporated in sections 10 and 2311 of this title.

Section 417 of title 18, U.S.C., 1940 ed., relating to

indictments and determination of ''value'' of goods, wares,

merchandise, securities, and money referred to in indictments, is

also incorporated in section 2311 of this title.

Section 418 of title 18, U.S.C., 1940 ed., relating to venue, was

omitted as completely covered by section 3237 of this title.

Section 418a of title 18, U.S.C., 1940 ed., relating to

conspiracy, was omitted as covered by section 371 of this title,

the general conspiracy section.

Section 419 of title 18, U.S.C., 1940 ed., providing that nothing

contained in the National Stolen Property Act should be construed

to repeal, modify, or amend any part of the National Motor Vehicle

Theft Act, was omitted as unnecessary, in view of this revision and

reenactment of the provisions of the latter act (sections 10,

2311-2313 of this title).

Changes were made in phraseology and arrangement.

1949 ACT

This amendment (see section 45) restates and clarifies the first

paragraph of section 2314 of title 18, U.S.C., to conform to the

original law upon which the section is based.

AMENDMENTS

1994 - Pub. L. 103-322, Sec. 330016(1)(L), substituted ''fined

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

penultimate par.

Pub. L. 103-322, Sec. 330016(1)(K), which directed the amendment

of this section by striking ''not more than $5,000'' and inserting

''under this title'', could not be executed because the phrase

''not more than $5,000'' did not appear in text.

1990 - Pub. L. 101-647 inserted ''or foreign'' after

''interstate'' in second par.

1988 - Pub. L. 100-690, Sec. 7057(a), substituted ''transports,

transmits, or transfers'' for ''transports'' in first par.

Pub. L. 100-690, Sec. 7080, inserted ''or persons'' after ''any

person'' and ''or those persons'' after ''that person'' in second

par.

Pub. L. 100-690, Sec. 7057(b), struck out ''or by a bank or

corporation of any foreign country'' after ''foreign government''

in last par. and inserted at end ''This section also shall not

apply to any falsely made, forged, altered, counterfeited, or

spurious representation of any bank note or bill issued by a bank

or corporation of any foreign country which is intended by the laws

or usage of such country to circulate as money.''

1968 - Pub. L. 90-535 prohibited transportation with unlawful or

fraudulent intent in interstate or foreign commerce of traveler's

checks bearing forged countersignatures.

1961 - Pub. L. 87-371 inserted ''or tax stamps'' after

''securities'' in third par. and after ''security'' in fourth par.,

and ''fraudulent State tax stamps,'' in section catchline.

1956 - Act July 9, 1956, inserted par. relating to interstate

transportation of persons in schemes to defraud.

1949 - Act May 24, 1949, substituted ''knowing the same to have

been stolen, converted or taken by fraud'' for ''theretofore

stolen, converted, or taken by fraud'' in first par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title;

title 7 section 12a.

-CITE-

18 USC Sec. 2315 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2315. Sale or receipt of stolen goods, securities, moneys, or

fraudulent State tax stamps

-STATUTE-

Whoever receives, possesses, conceals, stores, barters, sells, or

disposes of any goods, wares, or merchandise, securities, or money

of the value of $5,000 or more, or pledges or accepts as security

for a loan any goods, wares, or merchandise, or securities, of the

value of $500 or more, which have crossed a State or United States

boundary after being stolen, unlawfully converted, or taken,

knowing the same to have been stolen, unlawfully converted, or

taken; or

Whoever receives, possesses, conceals, stores, barters, sells, or

disposes of any falsely made, forged, altered, or counterfeited

securities or tax stamps, or pledges or accepts as security for a

loan any falsely made, forged, altered, or counterfeited securities

or tax stamps, moving as, or which are a part of, or which

constitute interstate or foreign commerce, knowing the same to have

been so falsely made, forged, altered, or counterfeited; or

Whoever receives in interstate or foreign commerce, or conceals,

stores, barters, sells, or disposes of, any tool, implement, or

thing used or intended to be used in falsely making, forging,

altering, or counterfeiting any security or tax stamp, or any part

thereof, moving as, or which is a part of, or which constitutes

interstate or foreign commerce, knowing that the same is fitted to

be used, or has been used, in falsely making, forging, altering, or

counterfeiting any security or tax stamp, or any part thereof -

Shall be fined under this title or imprisoned not more than ten

years, or both.

This section shall not apply to any falsely made, forged,

altered, counterfeited, or spurious representation of an obligation

or other security of the United States or of an obligation, bond,

certificate, security, treasury note, bill, promise to pay, or bank

note, issued by any foreign government. This section also shall

not apply to any falsely made, forged, altered, counterfeited, or

spurious representation of any bank note or bill issued by a bank

or corporation of any foreign country which is intended by the laws

or usage of such country to circulate as money.

For purposes of this section, the term ''State'' includes a State

of the United States, the District of Columbia, and any

commonwealth, territory, or possession of the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 87-371, Sec. 3, Oct.

4, 1961, 75 Stat. 802; Pub. L. 99-646, Sec. 76, Nov. 10, 1986, 100

Stat. 3618; Pub. L. 100-690, title VII, Sec. 7048, 7057(b), Nov.

18, 1988, 102 Stat. 4401, 4402; Pub. L. 101-647, title XII, Sec.

1205(m), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 416 (May 22, 1934, ch.

333, Sec. 4, 48 Stat. 795; Aug. 3, 1939, ch. 413, Sec. 2, 53 Stat.

1178).

(See reviser's notes under sections 10, 2311 and 2314 of this

title for explanation of consolidation or omission of other

sections of title 18, U.S.C., 1940 ed., which were derived from the

National Stolen Property Act.)

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000'' in fourth par.

1990 - Pub. L. 101-647 inserted par. at end defining ''State''.

1988 - Pub. L. 100-690, Sec. 7048, substituted ''moving as, or

which are a part of, or which constitute interstate or foreign

commerce'' for ''which have crossed a State or United States

boundary after being stolen, unlawfully converted, or taken'' in

second par.

Pub. L. 100-690, Sec. 7057(b), struck out ''or by a bank or

corporation of any foreign country'' after ''foreign government''

in last par. and inserted at end ''This section also shall not

apply to any falsely made, forged, altered, counterfeited, or

spurious representation of any bank note or bill issued by a bank

or corporation of any foreign country which is intended by the laws

or usage of such country to circulate as money.''

1986 - Pub. L. 99-646 substituted ''receives, possesses,

conceals'' for ''receives, conceals'' and ''which have crossed a

State or United States boundary after being stolen, unlawfully

converted, or taken'' for ''moving as, or which are part of, or

which constitute interstate or foreign commerce'' in first and

second pars.

1961 - Pub. L. 87-371 inserted ''or tax stamps'' after

''securities'', wherever appearing, in second par., and ''or tax

stamp'' after ''security'', wherever appearing, in third par., and

substituted ''moneys, or fraudulent State tax stamps'' for ''or

monies'' in section catchline.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title.

-CITE-

18 USC Sec. 2316 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2316. Transportation of livestock

-STATUTE-

Whoever transports in interstate or foreign commerce any

livestock, knowing the same to have been stolen, shall be fined

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

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98-473, title II,

Sec. 1113, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 419b, 419d (Aug. 18,

1941, ch. 366, Sec. 3, 5, 55 Stat. 631).

This section consolidates sections 419b and 419d of title 18,

U.S.C., 1940 ed.

Definition of ''cattle'', contained in section 419a(a) of title

18, U.S.C., 1940 ed., is incorporated in section 2311 of this

title.

Definition of ''interstate or foreign commerce'', constituting

section 419a(b) of title 18, U.S.C., 1940 ed., is incorporated in

section 10 of this title.

The venue provision of said section 419d of title 18, U.S.C.,

1940 ed., was omitted as completely covered by section 3237 of this

title.

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

1984 - Pub. L. 98-473 substituted ''livestock'' for ''cattle'' in

section catchline and text.

-CITE-

18 USC Sec. 2317 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2317. Sale or receipt of livestock

-STATUTE-

Whoever receives, conceals, stores, barters, buys, sells, or

disposes of any livestock, moving in or constituting a part of

interstate or foreign commerce, knowing the same to have been

stolen, shall be fined under this title or imprisoned not more than

five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98-473, title II,

Sec. 1114, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 419c, 419d (Aug. 18,

1941, ch. 366, Sec. 4, 5, 55 Stat. 632).

Definitions of ''cattle'' and ''interstate or foreign commerce'',

contained in section 419a of title 18, U.S.C., 1940 ed., are

incorporated in sections 10 and 2311 of this title.

Venue provision of said section 419d of title 18, U.S.C., 1940

ed., was omitted as completely covered by section 3237 of this

title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

1984 - Pub. L. 98-473 substituted ''livestock'' for ''cattle'' in

section catchline and text.

-CITE-

18 USC Sec. 2318 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2318. Trafficking in counterfeit labels for phonorecords,

copies of computer programs or computer program documentation

or packaging, and copies of motion pictures or other audio

visual works, and trafficking in counterfeit computer program

documentation or packaging

-STATUTE-

(a) Whoever, in any of the circumstances described in subsection

(c) of this section, knowingly traffics in a counterfeit label

affixed or designed to be affixed to a phonorecord, or a copy of a

computer program or documentation or packaging for a computer

program, or a copy of a motion picture or other audiovisual work,

and whoever, in any of the circumstances described in subsection

(c) of this section, knowingly traffics in counterfeit

documentation or packaging for a computer program, shall be fined

under this title or imprisoned for not more than five years, or

both.

(b) As used in this section -

(1) the term ''counterfeit label'' means an identifying label

or container that appears to be genuine, but is not;

(2) the term ''traffic'' means to transport, transfer or

otherwise dispose of, to another, as consideration for anything

of value or to make or obtain control of with intent to so

transport, transfer or dispose of; and

(3) the terms ''copy'', ''phonorecord'', ''motion picture'',

''computer program'', and ''audiovisual work'' have,

respectively, the meanings given those terms in section 101

(relating to definitions) of title 17.

(c) The circumstances referred to in subsection (a) of this

section are -

(1) the offense is committed within the special maritime and

territorial jurisdiction of the United States; or within the

special aircraft jurisdiction of the United States (as defined in

section 46501 of title 49);

(2) the mail or a facility of interstate or foreign commerce is

used or intended to be used in the commission of the offense;

(3) the counterfeit label is affixed to or encloses, or is

designed to be affixed to or enclose, a copy of a copyrighted

computer program or copyrighted documentation or packaging for a

computer program, a copyrighted motion picture or other

audiovisual work, or a phonorecord of a copyrighted sound

recording; or

(4) the counterfeited documentation or packaging for a computer

program is copyrighted.

(d) When any person is convicted of any violation of subsection

(a), the court in its judgment of conviction shall in addition to

the penalty therein prescribed, order the forfeiture and

destruction or other disposition of all counterfeit labels and all

articles to which counterfeit labels have been affixed or which

were intended to have had such labels affixed.

(e) Except to the extent they are inconsistent with the

provisions of this title, all provisions of section 509, title 17,

United States Code, are applicable to violations of subsection (a).

-SOURCE-

(Added Pub. L. 87-773, Sec. 1, Oct. 9, 1962, 76 Stat. 775; amended

Pub. L. 93-573, title I, Sec. 103, Dec. 31, 1974, 88 Stat. 1873;

Pub. L. 94-553, title I, Sec. 111, Oct. 19, 1976, 90 Stat. 2600;

Pub. L. 97-180, Sec. 2, May 24, 1982, 96 Stat. 91; Pub. L. 101-647,

title XXXV, Sec. 3567, Nov. 29, 1990, 104 Stat. 4928; Pub. L.

103-272, Sec. 5(e)(10), July 5, 1994, 108 Stat. 1374; Pub. L.

103-322, title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat.

2148; Pub. L. 104-153, Sec. 4(a), (b)(1), July 2, 1996, 110 Stat.

1386, 1387.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-153, Sec. 4(b)(1), substituted ''Trafficking

in counterfeit labels for phonorecords, copies of computer programs

or computer program documentation or packaging, and copies of

motion pictures or other audio visual works, and trafficking in

counterfeit computer program documentation or packaging'' for

''Trafficking in counterfeit labels for phonorecords and copies of

motion pictures or other audiovisual works'' in section catchline.

Subsec. (a). Pub. L. 104-153, Sec. 4(a)(1), substituted ''a

computer program or documentation or packaging for a computer

program, or a copy of a motion picture or other audiovisual work,

and whoever, in any of the circumstances described in subsection

(c) of this section, knowingly traffics in counterfeit

documentation or packaging for a computer program,'' for ''a motion

picture or other audiovisual work,''.

Subsec. (b)(3). Pub. L. 104-153, Sec. 4(a)(2), inserted ''

'computer program','' after '' 'motion picture',''.

Subsec. (c)(2). Pub. L. 104-153, Sec. 4(a)(3)(A), struck out

''or'' at end.

Subsec. (c)(3). Pub. L. 104-153, Sec. 4(a)(3)(B), inserted ''a

copy of a copyrighted computer program or copyrighted documentation

or packaging for a computer program,'' after ''enclose,'' and

substituted ''; or'' for period at end.

Subsec. (c)(4). Pub. L. 104-153, Sec. 4(a)(3)(C), added par. (4).

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $250,000''.

Subsec. (c)(1). Pub. L. 103-272 substituted ''section 46501 of

title 49'' for ''section 101 of the Federal Aviation Act of 1958''.

1990 - Pub. L. 101-647 struck out comma after ''phonorecords'' in

section catchline.

1982 - Pub. L. 97-180 substituted ''Trafficking in counterfeit

labels for phonorecords, and copies of motion pictures or other

audiovisual works'' for ''Transportation, sale or receipt of

phonograph records bearing forged or counterfeit labels'' in

section catchline.

Subsec. (a). Pub. L. 97-180 substituted provision that violators

of this section shall be fined not more than $250,000 or imprisoned

for not more than five years or both for provision that whoever

knowingly and with fraudulent intent transported, caused to be

transported, received, sold, or offered for sale in interstate or

foreign commerce any phonograph record, disk, wire, tape, film, or

other article on which sounds were recorded, to which or upon which

was stamped, pasted, or affixed any forged or counterfeited label,

knowing the label to have been falsely made, forged, or

counterfeited would be fined not more than $10,000 or imprisoned

for not more than one year, or both, for the first such offense and

would be fined not more than $25,000 or imprisoned for not more

than two years, or both, for any subsequent offense.

Subsecs. (b) to (e). Pub. L. 97-180 added subsecs. (b) and (c),

redesignated former subsecs. (b) and (c) as (d) and (e),

respectively, and in subsec. (d) as so redesignated struck out the

comma after ''judgment of conviction shall''.

1976 - Pub. L. 94-553 designated existing provisions as subsec.

(a) and substituted ''$10,000'' for ''$25,000'' and ''$25,000'' for

''$50,000'', and added subsecs. (b) and (c).

1974 - Pub. L. 93-573 substituted ''not more than $25,000 or

imprisoned for not more than one year, or both, for the first

offense and shall be fined not more than $50,000 or imprisoned not

more than 2 years, or both, for any subsequent offense'' for ''not

more than $1,000 or imprisoned not more than one year or both''.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section

102 of Pub. L. 94-553, set out as a note preceding section 101 of

Title 17, Copyrights.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2320 of this title;

title 19 section 1595a; title 49 section 80302.

-CITE-

18 USC Sec. 2319 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2319. Criminal infringement of a copyright

-STATUTE-

(a) Whoever violates section 506(a) (relating to criminal

offenses) of title 17 shall be punished as provided in subsections

(b) and (c) of this section and such penalties shall be in addition

to any other provisions of title 17 or any other law.

(b) Any person who commits an offense under section 506(a)(1) of

title 17 -

(1) shall be imprisoned not more than 5 years, or fined in the

amount set forth in this title, or both, if the offense consists

of the reproduction or distribution, including by electronic

means, during any 180-day period, of at least 10 copies or

phonorecords, of 1 or more copyrighted works, which have a total

retail value of more than $2,500;

(2) shall be imprisoned not more than 10 years, or fined in the

amount set forth in this title, or both, if the offense is a

second or subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the

amount set forth in this title, or both, in any other case.

(c) Any person who commits an offense under section 506(a)(2) of

title 17, United States Code -

(1) shall be imprisoned not more than 3 years, or fined in the

amount set forth in this title, or both, if the offense consists

of the reproduction or distribution of 10 or more copies or

phonorecords of 1 or more copyrighted works, which have a total

retail value of $2,500 or more;

(2) shall be imprisoned not more than 6 years, or fined in the

amount set forth in this title, or both, if the offense is a

second or subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the

amount set forth in this title, or both, if the offense consists

of the reproduction or distribution of 1 or more copies or

phonorecords of 1 or more copyrighted works, which have a total

retail value of more than $1,000.

(d)(1) During preparation of the presentence report pursuant to

Rule 32(c) of the Federal Rules of Criminal Procedure, victims of

the offense shall be permitted to submit, and the probation officer

shall receive, a victim impact statement that identifies the victim

of the offense and the extent and scope of the injury and loss

suffered by the victim, including the estimated economic impact of

the offense on that victim.

(2) Persons permitted to submit victim impact statements shall

include -

(A) producers and sellers of legitimate works affected by

conduct involved in the offense;

(B) holders of intellectual property rights in such works; and

(C) the legal representatives of such producers, sellers, and

holders.

(e) As used in this section -

(1) the terms ''phonorecord'' and ''copies'' have,

respectively, the meanings set forth in section 101 (relating to

definitions) of title 17; and

(2) the terms ''reproduction'' and ''distribution'' refer to

the exclusive rights of a copyright owner under clauses (1) and

(3) respectively of section 106 (relating to exclusive rights in

copyrighted works), as limited by sections 107 through 122, of

title 17.

-SOURCE-

(Added Pub. L. 97-180, Sec. 3, May 24, 1982, 96 Stat. 92; amended

Pub. L. 102-561, Oct. 28, 1992, 106 Stat. 4233; Pub. L. 105-80,

Sec. 12(b)(2), Nov. 13, 1997, 111 Stat. 1536; Pub. L. 105-147, Sec.

2(d), Dec. 16, 1997, 111 Stat. 2678; Pub. L. 107-273, div. C,

title III, Sec. 13211(a), Nov. 2, 2002, 116 Stat. 1910.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(d)(1), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (e)(2). Pub. L. 107-273 substituted ''107 through

122'' for ''107 through 120''.

1997 - Subsec. (a). Pub. L. 105-147, Sec. 2(d)(1), substituted

''subsections (b) and (c)'' for ''subsection (b)''.

Subsec. (b). Pub. L. 105-147, Sec. 2(d)(2)(A), substituted

''section 506(a)(1) of title 17'' for ''subsection (a) of this

section'' in introductory provisions.

Subsec. (b)(1). Pub. L. 105-147, Sec. 2(d)(2)(B), inserted

''including by electronic means,'' after ''if the offense consists

of the reproduction or distribution,'' and substituted ''which have

a total retail value of more than $2,500'' for ''with a retail

value of more than $2,500''.

Pub. L. 105-80, substituted ''at least 10 copies'' for ''at last

10 copies''.

Subsecs. (c) to (e). Pub. L. 105-147, Sec. 2(d)(3), added

subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

1992 - Subsec. (b). Pub. L. 102-561, Sec. 1, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''Any

person who commits an offense under subsection (a) of this section

-

''(1) shall be fined not more than $250,000 or imprisoned for

not more than five years, or both, if the offense -

''(A) involves the reproduction or distribution, during any

one-hundred-and-eighty-day period, of at least one thousand

phonorecords or copies infringing the copyright in one or more

sound recordings;

''(B) involves the reproduction or distribution, during any

one-hundred-and-eighty-day period, of at least sixty-five

copies infringing the copyright in one or more motion pictures

or other audiovisual works; or

''(C) is a second or subsequent offense under either of

subsection (b)(1) or (b)(2) of this section, where a prior

offense involved a sound recording, or a motion picture or

other audiovisual work;

''(2) shall be fined not more than $250,000 or imprisoned for

not more than two years, or both, if the offense -

''(A) involves the reproduction or distribution, during any

one-hundred-and-eighty-day period, of more than one hundred but

less than one thousand phonorecords or copies infringing the

copyright in one or more sound recordings; or

''(B) involves the reproduction or distribution, during any

one-hundred-and-eighty-day period, of more than seven but less

than sixty-five copies infringing the copyright in one or more

motion pictures or other audiovisual works; and

''(3) shall be fined not more than $25,000 or imprisoned for

not more than one year, or both, in any other case.''

Subsec. (c). Pub. L. 102-561, Sec. 2, substituted ''

'phonorecord' '' for '' 'sound recording', 'motion picture',

'audiovisual work', 'phonorecord','' in par. (1) and ''120'' for

''118'' in par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1956, 1961, 2320 of this

title; title 17 section 109; title 49 section 80302.

-CITE-

18 USC Sec. 2319A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2319A. Unauthorized fixation of and trafficking in sound

recordings and music videos of live musical performances

-STATUTE-

(a) Offense. - Whoever, without the consent of the performer or

performers involved, knowingly and for purposes of commercial

advantage or private financial gain -

(1) fixes the sounds or sounds and images of a live musical

performance in a copy or phonorecord, or reproduces copies or

phonorecords of such a performance from an unauthorized fixation;

(2) transmits or otherwise communicates to the public the

sounds or sounds and images of a live musical performance; or

(3) distributes or offers to distribute, sells or offers to

sell, rents or offers to rent, or traffics in any copy or

phonorecord fixed as described in paragraph (1), regardless of

whether the fixations occurred in the United States;

shall be imprisoned for not more than 5 years or fined in the

amount set forth in this title, or both, or if the offense is a

second or subsequent offense, shall be imprisoned for not more than

10 years or fined in the amount set forth in this title, or both.

(b) Forfeiture and Destruction. - When a person is convicted of a

violation of subsection (a), the court shall order the forfeiture

and destruction of any copies or phonorecords created in violation

thereof, as well as any plates, molds, matrices, masters, tapes,

and film negatives by means of which such copies or phonorecords

may be made. The court may also, in its discretion, order the

forfeiture and destruction of any other equipment by means of which

such copies or phonorecords may be reproduced, taking into account

the nature, scope, and proportionality of the use of the equipment

in the offense.

(c) Seizure and Forfeiture. - If copies or phonorecords of sounds

or sounds and images of a live musical performance are fixed

outside of the United States without the consent of the performer

or performers involved, such copies or phonorecords are subject to

seizure and forfeiture in the United States in the same manner as

property imported in violation of the customs laws. The Secretary

of the Treasury shall, not later than 60 days after the date of the

enactment of the Uruguay Round Agreements Act, issue regulations to

carry out this subsection, including regulations by which any

performer may, upon payment of a specified fee, be entitled to

notification by the United States Customs Service of the

importation of copies or phonorecords that appear to consist of

unauthorized fixations of the sounds or sounds and images of a live

musical performance.

(d) Victim Impact Statement. - (1) During preparation of the

presentence report pursuant to Rule 32(c) of the Federal Rules of

Criminal Procedure, victims of the offense shall be permitted to

submit, and the probation officer shall receive, a victim impact

statement that identifies the victim of the offense and the extent

and scope of the injury and loss suffered by the victim, including

the estimated economic impact of the offense on that victim.

(2) Persons permitted to submit victim impact statements shall

include -

(A) producers and sellers of legitimate works affected by

conduct involved in the offense;

(B) holders of intellectual property rights in such works; and

(C) the legal representatives of such producers, sellers, and

holders.

(e) Definitions. - As used in this section -

(1) the terms ''copy'', ''fixed'', ''musical work'',

''phonorecord'', ''reproduce'', ''sound recordings'', and

''transmit'' mean those terms within the meaning of title 17; and

(2) the term ''traffic in'' means transport, transfer, or

otherwise dispose of, to another, as consideration for anything

of value, or make or obtain control of with intent to transport,

transfer, or dispose of.

(f) Applicability. - This section shall apply to any Act or Acts

that occur on or after the date of the enactment of the Uruguay

Round Agreements Act.

-SOURCE-

(Added Pub. L. 103-465, title V, Sec. 513(a), Dec. 8, 1994, 108

Stat. 4974; amended Pub. L. 105-147, Sec. 2(e), Dec. 16, 1997, 111

Stat. 2679.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (c), are classified

generally to Title 19, Customs Duties.

The date of the enactment of the Uruguay Round Agreements Act,

referred to in subsecs. (c) and (f), is the date of enactment of

Pub. L. 103-465, which was approved Dec. 8, 1994.

The Federal Rules of Criminal Procedure, referred to in subsec.

(d)(1), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

1997 - Subsecs. (d) to (f). Pub. L. 105-147 added subsec. (d) and

redesignated former subsecs. (d) and (e) as (e) and (f),

respectively.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2320 of this title;

title 49 section 80302.

-CITE-

18 USC Sec. 2320 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2320. Trafficking in counterfeit goods or services

-STATUTE-

(a) Whoever intentionally traffics or attempts to traffic in

goods or services and knowingly uses a counterfeit mark on or in

connection with such goods or services shall, if an individual, be

fined not more than $2,000,000 or imprisoned not more than 10

years, or both, and, if a person other than an individual, be fined

not more than $5,000,000. In the case of an offense by a person

under this section that occurs after that person is convicted of

another offense under this section, the person convicted, if an

individual, shall be fined not more than $5,000,000 or imprisoned

not more than 20 years, or both, and if other than an individual,

shall be fined not more than $15,000,000.

(b) Upon a determination by a preponderance of the evidence that

any articles in the possession of a defendant in a prosecution

under this section bear counterfeit marks, the United States may

obtain an order for the destruction of such articles.

(c) All defenses, affirmative defenses, and limitations on

remedies that would be applicable in an action under the Lanham Act

shall be applicable in a prosecution under this section. In a

prosecution under this section, the defendant shall have the burden

of proof, by a preponderance of the evidence, of any such

affirmative defense.

(d)(1) During preparation of the presentence report pursuant to

Rule 32(c) of the Federal Rules of Criminal Procedure, victims of

the offense shall be permitted to submit, and the probation officer

shall receive, a victim impact statement that identifies the victim

of the offense and the extent and scope of the injury and loss

suffered by the victim, including the estimated economic impact of

the offense on that victim.

(2) Persons permitted to submit victim impact statements shall

include -

(A) producers and sellers of legitimate goods or services

affected by conduct involved in the offense;

(B) holders of intellectual property rights in such goods or

services; and

(C) the legal representatives of such producers, sellers, and

holders.

(e) For the purposes of this section -

(1) the term ''counterfeit mark'' means -

(A) a spurious mark -

(i) that is used in connection with trafficking in goods or

services;

(ii) that is identical with, or substantially

indistinguishable from, a mark registered for those goods or

services on the principal register in the United States

Patent and Trademark Office and in use, whether or not the

defendant knew such mark was so registered; and

(iii) the use of which is likely to cause confusion, to

cause mistake, or to deceive; or

(B) a spurious designation that is identical with, or

substantially indistinguishable from, a designation as to which

the remedies of the Lanham Act are made available by reason of

section 220506 of title 36;

but such term does not include any mark or designation used in

connection with goods or services of which the manufacturer or

producer was, at the time of the manufacture or production in

question authorized to use the mark or designation for the type

of goods or services so manufactured or produced, by the holder

of the right to use such mark or designation;

(2) the term ''traffic'' means transport, transfer, or

otherwise dispose of, to another, as consideration for anything

of value, or make or obtain control of with intent so to

transport, transfer, or dispose of; and

(3) the term ''Lanham Act'' means the Act entitled ''An Act to

provide for the registration and protection of trademarks used in

commerce, to carry out the provisions of certain international

conventions, and for other purposes'', approved July 5, 1946 (15

U.S.C. 1051 et seq.).

(f)(1) Beginning with the first year after the date of enactment

of this subsection, the Attorney General shall include in the

report of the Attorney General to Congress on the business of the

Department of Justice prepared pursuant to section 522 of title 28,

an accounting, on a district by district basis, of the following

with respect to all actions taken by the Department of Justice that

involve trafficking in counterfeit labels for phonorecords, copies

of computer programs or computer program documentation or

packaging, copies of motion pictures or other audiovisual works (as

defined in section 2318 of this title), criminal infringement of

copyrights (as defined in section 2319 of this title), unauthorized

fixation of and trafficking in sound recordings and music videos of

live musical performances (as defined in section 2319A of this

title), or trafficking in goods or services bearing counterfeit

marks (as defined in section 2320 of this title):

(A) The number of open investigations.

(B) The number of cases referred by the United States Customs

Service.

(C) The number of cases referred by other agencies or sources.

(D) The number and outcome, including settlements, sentences,

recoveries, and penalties, of all prosecutions brought under

sections 2318, 2319, 2319A, and 2320 of this title.

(2)(A) The report under paragraph (1), with respect to criminal

infringement of copyright, shall include the following:

(i) The number of infringement cases in these categories:

audiovisual (videos and films); audio (sound recordings);

literary works (books and musical compositions); computer

programs; video games; and, others.

(ii) The number of online infringement cases.

(iii) The number and dollar amounts of fines assessed in

specific categories of dollar amounts. These categories shall

be: no fines ordered; fines under $500; fines from $500 to

$1,000; fines from $1,000 to $5,000; fines from $5,000 to

$10,000; and fines over $10,000.

(iv) The total amount of restitution ordered in all copyright

infringement cases.

(B) In this paragraph, the term ''online infringement cases'' as

used in paragraph (2) means those cases where the infringer -

(i) advertised or publicized the infringing work on the

Internet; or

(ii) made the infringing work available on the Internet for

download, reproduction, performance, or distribution by other

persons.

(C) The information required under subparagraph (A) shall be

submitted in the report required in fiscal year 2005 and

thereafter.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1502(a), Oct. 12, 1984, 98

Stat. 2178; amended Pub. L. 103-322, title XXXII, Sec. 320104(a),

title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2110,

2148; Pub. L. 104-153, Sec. 5, July 2, 1996, 110 Stat. 1387; Pub.

L. 105-147, Sec. 2(f), Dec. 16, 1997, 111 Stat. 2679; Pub. L.

105-225, Sec. 4(b), Aug. 12, 1998, 112 Stat. 1499; Pub. L. 105-354,

Sec. 2(c)(1), Nov. 3, 1998, 112 Stat. 3244; Pub. L. 107-140, Sec.

1, Feb. 8, 2002, 116 Stat. 12; Pub. L. 107-273, div. A, title II,

Sec. 205(e), Nov. 2, 2002, 116 Stat. 1778.)

-REFTEXT-

REFERENCES IN TEXT

The Lanham Act, referred to in subsecs. (c) and (e)(1)(B), (3),

also known as the Trademark Act of 1946, is act July 5, 1946, ch.

540, 60 Stat. 427, as amended, which is classified generally to

chapter 22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 1051 of Title 15 and Tables.

The Federal Rules of Criminal Procedure, referred to in subsec.

(d)(1), are set out in the Appendix to this title.

The date of enactment of this subsection, referred to in subsec.

(f), is date of enactment of Pub. L. 104-153, which was approved

July 2, 1996.

-COD-

CODIFICATION

Another section 2320 was renumbered section 2321 of this title.

-MISC3-

AMENDMENTS

2002 - Subsec. (e)(1)(B). Pub. L. 107-140 substituted ''section

220506 of title 36'' for ''section 220706 of title 36''.

Subsec. (f)(1). Pub. L. 107-273, Sec. 205(e), designated existing

provisions as par. (1), substituted ''this title'' for ''title 18''

wherever appearing, redesignated former pars. (1) to (4) as

subpars. (A) to (D), respectively, of par. (1), and added par. (2).

1998 - Subsec. (e)(1)(B). Pub. L. 105-225, Sec. 4(b)(1), as

amended by Pub. L. 105-354, Sec. 2(c)(1), substituted ''section

220706 of title 36'' for ''section 110 of the Olympic Charter

Act''.

Subsec. (e)(2). Pub. L. 105-225, Sec. 4(b)(2), as amended by Pub.

L. 105-354, Sec. 2(c)(1), inserted ''and'' after semicolon at end.

Subsec. (e)(3). Pub. L. 105-225, Sec. 4(b)(3), as amended by Pub.

L. 105-354, Sec. 2(c)(1), substituted a period for ''; and'' at

end.

Subsec. (e)(4). Pub. L. 105-225, Sec. 4(b)(4), as amended by Pub.

L. 105-354, Sec. 2(c)(1), struck out par. (4) which read as

follows: ''the term 'Olympic Charter Act' means the Act entitled

'An Act to incorporate the United States Olympic Association',

approved September 21, 1950 (36 U.S.C. 371 et seq.).''

1997 - Subsecs. (d) to (f). Pub. L. 105-147 added subsec. (d) and

redesignated former subsecs. (d) and (e) as (e) and (f),

respectively.

1996 - Subsec. (e). Pub. L. 104-153 added subsec. (e).

1994 - Pub. L. 103-322, Sec. 330016(1)(U), which directed the

amendment of this section by striking ''not more than $250,000''

and inserting ''under this title'', could not be executed because

the phrase ''not more than $250,000'' did not appear in text

subsequent to amendment of subsec. (a) by Pub. L. 103-322, Sec.

320104(a). See below.

Subsec. (a). Pub. L. 103-322, Sec. 320104(a), in first sentence,

substituted ''$2,000,000 or imprisoned not more than 10 years'' for

''$250,000 or imprisoned not more than five years'' and

''$5,000,000'' for ''$1,000,000'', and in second sentence,

substituted ''$5,000,000 or imprisoned not more than 20 years'' for

''$1,000,000 or imprisoned not more than fifteen years'' and

''$15,000,000'' for ''$5,000,000''.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-354, Sec. 2(c), Nov. 3, 1998, 112 Stat. 3244,

provided that the amendment made by section 2(c) is effective Aug.

12, 1998.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1956, 1961 of this title;

title 19 section 1595a; title 49 section 80302.

-CITE-

18 USC Sec. 2321 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2321. Trafficking in certain motor vehicles or motor vehicle

parts

-STATUTE-

(a) Whoever buys, receives, possesses, or obtains control of,

with intent to sell or otherwise dispose of, a motor vehicle or

motor vehicle part, knowing that an identification number for such

motor vehicle or part has been removed, obliterated, tampered with,

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

than ten years, or both.

(b) Subsection (a) does not apply if the removal, obliteration,

tampering, or alteration -

(1) is caused by collision or fire; or

(2) is not a violation of section 511 of this title.

(c) As used in this section, the terms ''identification number''

and ''motor vehicle'' have the meaning given those terms in section

511 of this title.

-SOURCE-

(Added Pub. L. 98-547, title II, Sec. 204(a), Oct. 25, 1984, 98

Stat. 2770, Sec. 2320; renumbered Sec. 2321, Pub. L. 99-646, Sec.

42(a), Nov. 10, 1986, 100 Stat. 3601; amended Pub. L. 103-322,

title XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $20,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title.

-CITE-

18 USC Sec. 2322 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113 - STOLEN PROPERTY

-HEAD-

Sec. 2322. Chop shops

-STATUTE-

(a) In General. -

(1) Unlawful action. - Any person who knowingly owns, operates,

maintains, or controls a chop shop or conducts operations in a

chop shop shall be punished by a fine under this title or by

imprisonment for not more than 15 years, or both. If a

conviction of a person under this paragraph is for a violation

committed after the first conviction of such person under this

paragraph, the maximum punishment shall be doubled with respect

to any fine and imprisonment.

(2) Injunctions. - The Attorney General shall, as appropriate,

in the case of any person who violates paragraph (1), commence a

civil action for permanent or temporary injunction to restrain

such violation.

(b) Definition. - For purposes of this section, the term ''chop

shop'' means any building, lot, facility, or other structure or

premise where one or more persons engage in receiving, concealing,

destroying, disassembling, dismantling, reassembling, or storing

any passenger motor vehicle or passenger motor vehicle part which

has been unlawfully obtained in order to alter, counterfeit,

deface, destroy, disguise, falsify, forge, obliterate, or remove

the identity, including the vehicle identification number or

derivative thereof, of such vehicle or vehicle part and to

distribute, sell, or dispose of such vehicle or vehicle part in

interstate or foreign commerce.

-SOURCE-

(Added Pub. L. 102-519, title I, Sec. 105(a), Oct. 25, 1992, 106

Stat. 3385.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 33103.

-CITE-