Legislación
US (United States) Code. Title 18. Chapter 25: Counterfeiting and forgery
-CITE-
18 USC CHAPTER 25 - COUNTERFEITING AND FORGERY 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
.
-HEAD-
CHAPTER 25 - COUNTERFEITING AND FORGERY
-MISC1-
Sec.
470. Counterfeit acts committed outside the United States.
471. Obligations or securities of United States.
472. Uttering counterfeit obligations or securities.
473. Dealing in counterfeit obligations or securities.
474. Plates, stones, or analog, digital, or electronic images for
counterfeiting obligations or securities.
474A. Deterrents to counterfeiting of obligations and securities.
475. Imitating obligations or securities; advertisements.
476. Taking impressions of tools used for obligations or
securities.
477. Possessing or selling impressions of tools used for
obligations or securities.
478. Foreign obligations or securities.
479. Uttering counterfeit foreign obligations or securities.
480. Possessing counterfeit foreign obligations or securities.
481. Plates, stones, or analog, digital, or electronic images for
counterfeiting foreign obligations or securities.
482. Foreign bank notes.
483. Uttering counterfeit foreign bank notes.
484. Connecting parts of different notes.
485. Coins or bars.
486. Uttering coins of gold, silver or other metal.
487. Making or possessing counterfeit dies for coins.
488. Making or possessing counterfeit dies for foreign coins.
489. Making or possessing likeness of coins.
490. Minor coins.
491. Tokens or paper used as money.
492. Forfeiture of counterfeit paraphernalia.
493. Bonds and obligations of certain lending agencies.
494. Contractors' bonds, bids, and public records.
495. Contracts, deeds, and powers of attorney.
496. Customs matters.
497. Letters patent.
498. Military or naval discharge certificates.
499. Military, naval, or official passes.
500. Money orders.
501. Postage stamps, postage meter stamps, and postal cards.
502. Postage and revenue stamps of foreign governments.
503. Postmarking stamps.
504. Printing and filming of United States and foreign obligations
and securities.
505. Seals of courts; signatures of judges or court officers.
506. Seals of departments or agencies.
507. Ship's papers.
508. Transportation requests of Government.
509. Possessing and making plates or stones for Government
transportation requests.
510. Forging endorsements on Treasury checks or bonds or securities
of the United States.
511. Altering or removing motor vehicle identification numbers.
511A. Unauthorized application of theft prevention decal or device.
512. Forfeiture of certain motor vehicles and motor vehicle parts.
513. Securities of the States and private entities.
514. Fictitious obligations.
AMENDMENTS
2001 - Pub. L. 107-56, title III, Sec. 374(e)(4), 375(d)(4), Oct.
26, 2001, 115 Stat. 340, 341, substituted '', stones, or analog,
digital, or electronic images'' for ''or stones'' in items 474 and
481.
1996 - Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI,
Sec. 648(b)(2)), title II, Sec. 2603(b)(2), Sept. 30, 1996, 110
Stat. 3009-314, 3009-368, 3009-470, amended analysis identically,
adding item 514.
1994 - Pub. L. 103-322, title XII, Sec. 120003(b)(1), title XXII,
Sec. 220003(d)(2), title XXXIII, Sec. 330010(14), Sept. 13, 1994,
108 Stat. 2022, 2077, 2144, added item 470, struck out extraneous
period after ''money'' in item 491, and added item 511A.
1992 - Pub. L. 102-550, title XV, Sec. 1553(b), Oct. 28, 1992,
106 Stat. 4071, added item 474A.
1990 - Pub. L. 101-647, title XXXV, Sec. 3513, Nov. 29, 1990, 104
Stat. 4922, substituted ''or paper used as money.'' for ''used as
money or similar to coins'' in item 491, ''matters'' for ''entry
certificates'' in item 496, and ''stamps, postage meter stamps,''
for ''stamps'' in item 501.
1986 - Pub. L. 99-646, Sec. 31(b), Nov. 10, 1986, 100 Stat. 3598,
redesignated second item 510, relating to securities of the State
and private entities, as item 513 and substituted ''States'' for
''State''.
1984 - Pub. L. 98-547, title II, Sec. 201(b), Oct. 25, 1984, 98
Stat. 2770, added items 511 and 512.
Pub. L. 98-473, title II, Sec. 1105(b), Oct. 12, 1984, 98 Stat.
2145, added second item 510 ''Securities of the State and private
entities''.
1983 - Pub. L. 98-151, Sec. 115(c), Nov. 14, 1983, 97 Stat. 977,
added item 510, relating to forging endorsements.
1965 - Pub. L. 89-81, title II, Sec. 211(b), July 23, 1965, 79
Stat. 257, struck out ''Gold or silver'' before ''Coins or bars''
in item 485.
1958 - Pub. L. 85-921, Sec. 2, Sept. 2, 1958, 72 Stat. 1771,
substituted ''Printing and filming of United States and foreign
obligations and securities'' for ''Printing stamps for philatelic
purposes'' in item 504.
1951 - Act July 16, 1951, ch. 226, Sec. 5(c), 65 Stat. 122,
struck out ''; publisher's illustrations excepted'' in item 489.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 7 section 12a; title 15
sections 78o, 80b-3.
-CITE-
18 USC Sec. 470 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 470. Counterfeit acts committed outside the United States
-STATUTE-
A person who, outside the United States, engages in the act of -
(1) making, dealing, or possessing any counterfeit obligation
or other security of the United States; or
(2) making, dealing, or possessing any plate, stone, analog,
digital, or electronic image, or other thing, or any part
thereof, used to counterfeit such obligation or security,
if such act would constitute a violation of section 471, 473, or
474 if committed within the United States, shall be punished as is
provided for the like offense within the United States.
-SOURCE-
(Added Pub. L. 103-322, title XII, Sec. 120003(a), Sept. 13, 1994,
108 Stat. 2021; amended Pub. L. 107-56, title III, Sec. 374(a),
Oct. 26, 2001, 115 Stat. 340.)
-MISC1-
AMENDMENTS
2001 - Pub. L. 107-56, Sec. 374(a)(2), in concluding provisions,
substituted ''shall be punished as is provided for the like offense
within the United States'' for ''shall be fined under this title,
imprisoned not more than 20 years, or both''.
Par. (2). Pub. L. 107-56, Sec. 374(a)(1), inserted ''analog,
digital, or electronic image,'' after ''plate, stone,''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES CURRENCY
Pub. L. 104-132, title VIII, Sec. 807, Apr. 24, 1996, 110 Stat.
1308, provided that:
''(a) In General. - The Secretary of the Treasury (hereafter in
this section referred to as the 'Secretary'), in consultation with
the advanced counterfeit deterrence steering committee, shall -
''(1) study the use and holding of United States currency in
foreign countries; and
''(2) develop useful estimates of the amount of counterfeit
United States currency that circulates outside the United States
each year.
''(b) Evaluation Audit Plan. -
''(1) In general. - The Secretary shall develop an effective
international evaluation audit plan that is designed to enable
the Secretary to carry out the duties described in subsection (a)
on a regular and thorough basis.
''(2) Submission of detailed written summary. - The Secretary
shall submit a detailed written summary of the evaluation audit
plan developed pursuant to paragraph (1) to the Congress before
the end of the 6-month period beginning on the date of the
enactment of this Act (Apr. 24, 1996).
''(3) First evaluation audit under plan. - The Secretary shall
begin the first evaluation audit pursuant to the evaluation audit
plan no later than the end of the 1-year period beginning on the
date of the enactment of this Act.
''(4) Subsequent evaluation audits. - At least 1 evaluation
audit shall be performed pursuant to the evaluation audit plan
during each 3-year period beginning after the date of the
commencement of the evaluation audit referred to in paragraph
(3).
''(c) Reports. -
''(1) In general. - The Secretary shall submit a written report
to the Committee on Banking and Financial Services (now Committee
on Financial Services) of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate on
the results of each evaluation audit conducted pursuant to
subsection (b) within 90 days after the completion of the
evaluation audit.
''(2) Contents. - In addition to such other information as the
Secretary may determine to be appropriate, each report submitted
to the Congress pursuant to paragraph (1) shall include the
following information:
''(A) A detailed description of the evaluation audit process
and the methods used to develop estimates of the amount of
counterfeit United States currency in circulation outside the
United States.
''(B) The method used to determine the currency sample
examined in connection with the evaluation audit and a
statistical analysis of the sample examined.
''(C) A list of the regions of the world, types of financial
institutions, and other entities included.
''(D) An estimate of the total amount of United States
currency found in each region of the world.
''(E) The total amount of counterfeit United States currency
and the total quantity of each counterfeit denomination found
in each region of the world.
''(3) Classification of information. -
''(A) In general. - To the greatest extent possible, each
report submitted to the Congress under this subsection shall be
submitted in an unclassified form.
''(B) Classified and unclassified forms. - If, in the
interest of submitting a complete report under this subsection,
the Secretary determines that it is necessary to include
classified information in the report, the report shall be
submitted in a classified and an unclassified form.
''(d) Sunset Provision. - This section shall cease to be
effective as of the end of the 10-year period beginning on the date
of the enactment of this Act (Apr. 24, 1996).
''(e) Rule of Construction. - No provision of this section shall
be construed as authorizing any entity to conduct investigations of
counterfeit United States currency.
''(f) Findings. - The Congress hereby finds the following:
''(1) United States currency is being counterfeited outside the
United States.
''(2) The One Hundred Third Congress enacted, with the approval
of the President on September 13, 1994, section 470 of title 18,
United States Code, making such activity a crime under the laws
of the United States.
''(3) The expeditious posting of agents of the United States
Secret Service to overseas posts, which is necessary for the
effective enforcement of section 470 and related criminal
provisions, has been delayed.
''(4) While section 470 of title 18, United States Code,
provides for a maximum term of imprisonment of 20 years as
opposed to a maximum term of 15 years for domestic
counterfeiting, the United States Sentencing Commission has
failed to provide, in its sentencing guidelines, for an
appropriate enhancement of punishment for defendants convicted of
counterfeiting United States currency outside the United States.
''(g) Timely Consideration of Requests for Concurrence in
Creation of Overseas Posts. -
''(1) In general. - The Secretary of State shall -
''(A) consider in a timely manner the request by the
Secretary of the Treasury for the placement of such number of
agents of the United States Secret Service as the Secretary of
the Treasury considers appropriate in posts in overseas
embassies; and
''(B) reach an agreement with the Secretary of the Treasury
on such posts as soon as possible and, in any event, not later
than December 31, 1996.
''(2) Cooperation of treasury required. - The Secretary of the
Treasury shall promptly provide any information requested by the
Secretary of State in connection with such requests.
''(3) Reports required. - The Secretary of the Treasury and the
Secretary of State shall each submit, by February 1, 1997, a
written report to the Committee on Banking and Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate explaining the reasons
for the rejection, if any, of any proposed post and the reasons
for the failure, if any, to fill any approved post by such date.
''(h) Enhanced Penalties for International Counterfeiting of
United States Currency. - Pursuant to the authority of the United
States Sentencing Commission under section 994 of title 28, United
States Code, the Commission shall amend the sentencing guidelines
prescribed by the Commission to provide an appropriate enhancement
of the punishment for a defendant convicted under section 470 of
title 18 of such Code.''
(For transfer of the functions, personnel, assets, and
obligations of the United States Secret Service, including the
functions of the Secretary of the Treasury relating thereto, to the
Secretary of Homeland Security, and for treatment of related
references, see sections 381, 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.)
-CITE-
18 USC Sec. 471 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 471. Obligations or securities of United States
-STATUTE-
Whoever, with intent to defraud, falsely makes, forges,
counterfeits, or alters any obligation or other security of the
United States, shall be fined under this title or imprisoned not
more than 20 years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 705; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 374(b), Oct. 26, 2001, 115 Stat. 340.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 262 (Mar. 4, 1909, ch.
321, Sec. 148, 35 Stat. 1115).
Mandatory punishment provision was rephrased in the alternative.
Changes in phraseology were made.
AMENDMENTS
2001 - Pub. L. 107-56 substituted ''20 years'' for ''fifteen
years''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-550, title XV, Sec. 1551, Oct. 28, 1992, 106 Stat.
4070, provided that: ''This subtitle (subtitle E (Sec. 1551-1554)
of title XV of Pub. L. 102-550, enacting section 474A of this title
and amending sections 474 and 504 of this title) may be cited as
the 'Counterfeit Deterrence Act of 1992'.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 470, 981, 982, 1961, 2516
of this title.
-CITE-
18 USC Sec. 472 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 472. Uttering counterfeit obligations or securities
-STATUTE-
Whoever, with intent to defraud, passes, utters, publishes, or
sells, or attempts to pass, utter, publish, or sell, or with like
intent brings into the United States or keeps in possession or
conceals any falsely made, forged, counterfeited, or altered
obligation or other security of the United States, shall be fined
under this title or imprisoned not more than 20 years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 705; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 374(c), Oct. 26, 2001, 115 Stat. 340.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 265 (Mar. 4, 1909, ch.
321, Sec. 151, 35 Stat. 1116).
Mandatory punishment provision was rephrased in the alternative.
Changes in phraseology were made.
AMENDMENTS
2001 - Pub. L. 107-56 substituted ''20 years'' for ''fifteen
years''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982, 1961, 2516 of
this title.
-CITE-
18 USC Sec. 473 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 473. Dealing in counterfeit obligations or securities
-STATUTE-
Whoever buys, sells, exchanges, transfers, receives, or delivers
any false, forged, counterfeited, or altered obligation or other
security of the United States, with the intent that the same be
passed, published, or used as true and genuine, shall be fined
under this title or imprisoned not more than 20 years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 705; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 374(d), Oct. 26, 2001, 115 Stat. 340.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 268 (Mar. 4, 1909, ch.
321, Sec. 154, 35 Stat. 1117).
Reference to circulating notes of banking associations was
omitted as covered by definition of obligation or other security in
section 8 of this title.
Changes in phraseology were made.
AMENDMENTS
2001 - Pub. L. 107-56 substituted ''20 years'' for ''ten years''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 470, 981, 982, 1961, 2516
of this title.
-CITE-
18 USC Sec. 474 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 474. Plates, stones, or analog, digital, or electronic images
for counterfeiting obligations or securities
-STATUTE-
(a) Whoever, having control, custody, or possession of any plate,
stone, or other thing, or any part thereof, from which has been
printed, or which may be prepared by direction of the Secretary of
the Treasury for the purpose of printing, any obligation or other
security of the United States, uses such plate, stone, or other
thing, or any part thereof, or knowingly suffers the same to be
used for the purpose of printing any such or similar obligation or
other security, or any part thereof, except as may be printed for
the use of the United States by order of the proper officer
thereof; or
Whoever makes or executes any plate, stone, or other thing in the
likeness of any plate designated for the printing of such
obligation or other security; or
Whoever, with intent to defraud, makes, executes, acquires,
scans, captures, records, receives, transmits, reproduces, sells,
or has in such person's control, custody, or possession, an analog,
digital, or electronic image of any obligation or other security of
the United States; or
Whoever sells any such plate, stone, or other thing, or brings
into the United States any such plate, stone, or other thing,
except under the direction of the Secretary of the Treasury or
other proper officer, or with any other intent, in either case,
than that such plate, stone, or other thing be used for the
printing of the obligations or other securities of the United
States; or
Whoever has in his control, custody, or possession any plate,
stone, or other thing in any manner made after or in the similitude
of any plate, stone, or other thing, from which any such obligation
or other security has been printed, with intent to use such plate,
stone, or other thing, or to suffer the same to be used in forging
or counterfeiting any such obligation or other security, or any
part thereof; or
Whoever has in his possession or custody, except under authority
from the Secretary of the Treasury or other proper officer, any
obligation or other security made or executed, in whole or in part,
after the similitude of any obligation or other security issued
under the authority of the United States, with intent to sell or
otherwise use the same; or
Whoever prints, photographs, or in any other manner makes or
executes any engraving, photograph, print, or impression in the
likeness of any such obligation or other security, or any part
thereof, or sells any such engraving, photograph, print, or
impression, except to the United States, or brings into the United
States, any such engraving, photograph, print, or impression,
except by direction of some proper officer of the United States -
Is guilty of a class B felony.
(b) For purposes of this section, the term ''analog, digital, or
electronic image'' includes any analog, digital, or electronic
method used for the making, execution, acquisition, scanning,
capturing, recording, retrieval, transmission, or reproduction of
any obligation or security, unless such use is authorized by the
Secretary of the Treasury. The Secretary shall establish a system
(pursuant to section 504) to ensure that the legitimate use of such
electronic methods and retention of such reproductions by
businesses, hobbyists, press and others shall not be unduly
restricted.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 706; Pub. L. 102-550, title XV,
Sec. 1552, Oct. 28, 1992, 106 Stat. 4070; Pub. L. 104-208, div. A,
title I, Sec. 101(f) (title VI, Sec. 648(a)), title II, Sec.
2603(a), Sept. 30, 1996, 110 Stat. 3009-314, 3009-367, 3009-470;
Pub. L. 107-56, title III, Sec. 374(e)(1)-(3), Oct. 26, 2001, 115
Stat. 340.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 264 (Mar. 4, 1909, ch.
321, Sec. 150, 35 Stat. 1116).
References to persons causing, procuring, assisting or aiding
were omitted as unnecessary as such persons are made principals by
section 2 of this title.
Changes in phraseology were made.
AMENDMENTS
2001 - Pub. L. 107-56, Sec. 374(e)(3), substituted '', stones, or
analog, digital, or electronic images'' for ''or stones'' in
section catchline.
Subsec. (a). Pub. L. 107-56, Sec. 374(e)(1), inserted after
second par. ''Whoever, with intent to defraud, makes, executes,
acquires, scans, captures, records, receives, transmits,
reproduces, sells, or has in such person's control, custody, or
possession, an analog, digital, or electronic image of any
obligation or other security of the United States; or''.
Subsec. (b). Pub. L. 107-56, Sec. 374(e)(2), inserted first
sentence and struck out former first sentence which read as
follows: ''For purposes of this section, the terms 'plate',
'stone', 'thing', or 'other thing' includes any electronic method
used for the acquisition, recording, retrieval, transmission, or
reproduction of any obligation or other security, unless such use
is authorized by the Secretary of the Treasury.''
1996 - Subsec. (a). Pub. L. 104-208, Sec. 101(f) (title VI, Sec.
648(a)) and 2603(a), amended subsec. (a) identically, substituting
''class B felony'' for ''class C felony'' in last par.
1992 - Subsec. (a). Pub. L. 102-550, Sec. 1552(1)-(4), designated
existing provisions as subsec. (a), in sixth undesignated par.,
substituted ''United States - '' for ''United States; or'' at end,
struck out seventh undesignated par. which read as follows:
''Whoever has or retains in his control or possession, after a
distinctive paper has been adopted by the Secretary of the Treasury
for the obligations and other securities of the United States, any
similar paper adapted to the making of any such obligation or other
security, except under the authority of the Secretary of the
Treasury or some other proper officer of the United States - '',
and amended last undesignated par. generally. Prior to amendment,
last par. read as follows: ''Shall be fined not more than $5,000 or
imprisoned not more than fifteen years, or both.''
Subsec. (b). Pub. L. 102-550, Sec. 1552(5), added subsec. (b).
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(f) (title VI, Sec. 648(c)) of div. A of Pub. L.
104-208 provided that: ''This section (enacting section 514 of this
title and amending this section and section 474A of this title) and
the amendments made by this section shall become effective on the
date of enactment of this Act (Sept. 30, 1996) and shall remain in
effect during each fiscal year following that date of enactment.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 470, 981, 982 of this
title; title 16 section 718e.
-CITE-
18 USC Sec. 474A 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 474A. Deterrents to counterfeiting of obligations and
securities
-STATUTE-
(a) Whoever has in his control or possession, after a distinctive
paper has been adopted by the Secretary of the Treasury for the
obligations and other securities of the United States, any similar
paper adapted to the making of any such obligation or other
security, except under the authority of the Secretary of the
Treasury, is guilty of a class B felony.
(b) Whoever has in his control or possession, after a distinctive
counterfeit deterrent has been adopted by the Secretary of the
Treasury for the obligations and other securities of the United
States by publication in the Federal Register, any essentially
identical feature or device adapted to the making of any such
obligation or security, except under the authority of the Secretary
of the Treasury, is guilty of a class B felony.
(c) As used in this section -
(1) the term ''distinctive paper'' includes any distinctive
medium of which currency is made, whether of wood pulp, rag,
plastic substrate, or other natural or artificial fibers or
materials; and
(2) the term ''distinctive counterfeit deterrent'' includes any
ink, watermark, seal, security thread, optically variable device,
or other feature or device;
(A) in which the United States has an exclusive property
interest; or
(B) which is not otherwise in commercial use or in the public
domain and which the Secretary designates as being necessary in
preventing the counterfeiting of obligations or other
securities of the United States.
-SOURCE-
(Added Pub. L. 102-550, title XV, Sec. 1553(a), Oct. 28, 1992, 106
Stat. 4070; amended Pub. L. 104-208, div. A, title I, Sec. 101(f)
(title VI, Sec. 648(a)), title II, Sec. 2603(a), Sept. 30, 1996,
110 Stat. 3009-314, 3009-367, 3009-470.)
-MISC1-
AMENDMENTS
1996 - Subsecs. (a), (b). Pub. L. 104-208, Sec. 101(f) (title VI,
Sec. 648(a)) and 2603(a), amended section identically, substituting
''class B felony'' for ''class C felony''.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-208 effective Sept. 30, 1996, and to
remain in effect for each fiscal year following Sept. 30, 1996, see
section 101(f) (title VI, Sec. 648(c)) of Pub. L. 104-208, set out
as a note under section 474 of this title.
-CITE-
18 USC Sec. 475 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 475. Imitating obligations or securities; advertisements
-STATUTE-
Whoever designs, engraves, prints, makes, or executes, or utters,
issues, distributes, circulates, or uses any business or
professional card, notice, placard, circular, handbill, or
advertisement in the likeness or similitude of any obligation or
security of the United States issued under or authorized by any Act
of Congress or writes, prints, or otherwise impresses upon or
attaches to any such instrument, obligation, or security, or any
coin of the United States, any business or professional card,
notice, or advertisement, or any notice or advertisement whatever,
shall be fined under this title.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 706; July 16, 1951, ch. 226, Sec.
2, 65 Stat. 122; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G),
Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 292 (Mar. 4, 1909, ch.
321, Sec. 177, 35 Stat. 1122).
Enumeration of obligations of the United States was omitted in
view of definition in section 8 of this title.
Changes in phraseology were also made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $500''.
1951 - Act July 16, 1951, prohibited use of notices or
advertising prints or labels on United States coins.
-CITE-
18 USC Sec. 476 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 476. Taking impressions of tools used for obligations or
securities
-STATUTE-
Whoever, without authority from the United States, takes,
procures, or makes an impression, stamp, analog, digital, or
electronic image, or imprint of, from or by the use of any tool,
implement, instrument, or thing used or fitted or intended to be
used in printing, stamping, or impressing, or in making other
tools, implements, instruments, or things to be used or fitted or
intended to be used in printing, stamping, or impressing any
obligation or other security of the United States, shall be fined
under this title or imprisoned not more than 25 years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 707; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 374(f), Oct. 26, 2001, 115 Stat. 341.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 266 (Mar. 4, 1909, ch.
321, Sec. 152, 35 Stat. 1117).
Enumeration of substances on which impressions could be made and
enumeration of various kinds of tools to be used were omitted as
unnecessary.
Reference to circulating note or evidence of debt was omitted in
view of definition of obligations and securities in section 8 of
this title.
Changes in phraseology were also made.
AMENDMENTS
2001 - Pub. L. 107-56 inserted ''analog, digital, or electronic
image,'' after ''impression, stamp,'' and substituted ''25 years''
for ''ten years''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 477, 981, 982 of this
title.
-CITE-
18 USC Sec. 477 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 477. Possessing or selling impressions of tools used for
obligations or securities
-STATUTE-
Whoever, with intent to defraud, possesses, keeps, safeguards, or
controls, without authority from the United States, any imprint,
stamp, analog, digital, or electronic image, or impression, taken
or made upon any substance or material whatsoever, of any tool,
implement, instrument or thing, used, fitted or intended to be
used, for any of the purposes mentioned in section 476 of this
title; or
Whoever, with intent to defraud, sells, gives, or delivers any
such imprint, stamp, analog, digital, or electronic image, or
impression to any other person -
Shall be fined under this title or imprisoned not more than 25
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 707; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 374(g), Oct. 26, 2001, 115 Stat. 341.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 267 (Mar. 4, 1909, ch.
321, Sec. 153, 35 Stat. 1117).
Changes in phraseology were made.
AMENDMENTS
2001 - Pub. L. 107-56 inserted ''analog, digital, or electronic
image,'' after ''imprint, stamp,'' in first and second pars. and
substituted ''25 years'' for ''ten years'' in third par.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982 of this title.
-CITE-
18 USC Sec. 478 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 478. Foreign obligations or securities
-STATUTE-
Whoever, within the United States, with intent to defraud,
falsely makes, alters, forges, or counterfeits any bond,
certificate, obligation, or other security of any foreign
government, purporting to be or in imitation of any such security
issued under the authority of such foreign government, or any
treasury note, bill, or promise to pay, lawfully issued by such
foreign government and intended to circulate as money, shall be
fined under this title or imprisoned not more than 20 years, or
both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 707; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 375(a), Oct. 26, 2001, 115 Stat. 341.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 270 (Mar. 4, 1909, ch.
321, Sec. 156, 35 Stat. 1117).
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary as such persons are made principals by
section 2 of this title.
Mandatory punishment provision was rephrased in the alternative.
Changes were also made in phraseology.
AMENDMENTS
2001 - Pub. L. 107-56 substituted ''20 years'' for ''five
years''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 479, 981, 982 of this
title.
-CITE-
18 USC Sec. 479 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 479. Uttering counterfeit foreign obligations or securities
-STATUTE-
Whoever, within the United States, knowingly and with intent to
defraud, utters, passes, or puts off, in payment or negotiation,
any false, forged, or counterfeited bond, certificate, obligation,
security, treasury note, bill, or promise to pay, mentioned in
section 478 of this title, whether or not the same was made,
altered, forged, or counterfeited within the United States, shall
be fined under this title or imprisoned not more than 20 years, or
both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 707; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(J), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 375(b), Oct. 26, 2001, 115 Stat. 341.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 271 (Mar. 4, 1909, ch.
321, Sec. 157, 35 Stat. 1118).
Mandatory punishment provision was rephrased in the alternative.
Changes were made in phraseology.
AMENDMENTS
2001 - Pub. L. 107-56 substituted ''20 years'' for ''three
years''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $3,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982 of this title.
-CITE-
18 USC Sec. 480 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 480. Possessing counterfeit foreign obligations or securities
-STATUTE-
Whoever, within the United States, knowingly and with intent to
defraud, possesses or delivers any false, forged, or counterfeit
bond, certificate, obligation, security, treasury note, bill,
promise to pay, bank note, or bill issued by a bank or corporation
of any foreign country, shall be fined under this title or
imprisoned not more than 20 years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 707; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 375(c), Oct. 26, 2001, 115 Stat. 341.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 274 (Mar. 4, 1909, ch.
321, Sec. 160, 35 Stat. 1118).
Mandatory punishment provision was rephrased in the alternative.
Changes were also made in phraseology.
AMENDMENTS
2001 - Pub. L. 107-56 substituted ''20 years'' for ''one year''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982 of this title.
-CITE-
18 USC Sec. 481 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 481. Plates, stones, or analog, digital, or electronic images
for counterfeiting foreign obligations or securities
-STATUTE-
Whoever, within the United States except by lawful authority,
controls, holds, or possesses any plate, stone, or other thing, or
any part thereof, from which has been printed or may be printed any
counterfeit note, bond, obligation, or other security, in whole or
in part, of any foreign government, bank, or corporation, or uses
such plate, stone, or other thing, or knowingly permits or suffers
the same to be used in counterfeiting such foreign obligations, or
any part thereof; or
Whoever, except by lawful authority, makes or engraves any plate,
stone, or other thing in the likeness or similitude of any plate,
stone, or other thing designated for the printing of the genuine
issues of the obligations of any foreign government, bank, or
corporation; or
Whoever, with intent to defraud, makes, executes, acquires,
scans, captures, records, receives, transmits, reproduces, sells,
or has in such person's control, custody, or possession, an analog,
digital, or electronic image of any bond, certificate, obligation,
or other security of any foreign government, or of any treasury
note, bill, or promise to pay, lawfully issued by such foreign
government and intended to circulate as money; or
Whoever, except by lawful authority, prints, photographs, or
makes, executes, or sells any engraving, photograph, print, or
impression in the likeness of any genuine note, bond, obligation,
or other security, or any part thereof, of any foreign government,
bank, or corporation; or
Whoever brings into the United States any counterfeit plate,
stone, or other thing, engraving, photograph, print, or other
impressions of the notes, bonds, obligations, or other securities
of any foreign government, bank, or corporation -
Shall be fined under this title or imprisoned not more than 25
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 708; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 375(d)(1)-(3), Oct. 26, 2001, 115 Stat.
341.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 275 (Mar. 4, 1909, ch.
321, Sec. 161, 35 Stat. 1118).
References to persons causing, procuring, assisting or aiding
were omitted as unnecessary as such persons are made principals by
section 2 of this title.
Changes in phraseology were made.
AMENDMENTS
2001 - Pub. L. 107-56 substituted '', stones, or analog, digital,
or electronic images'' for ''or stones'' in section catchline and
''25 years'' for ''five years'' in last par. and inserted after
second par. ''Whoever, with intent to defraud, makes, executes,
acquires, scans, captures, records, receives, transmits,
reproduces, sells, or has in such person's control, custody, or
possession, an analog, digital, or electronic image of any bond,
certificate, obligation, or other security of any foreign
government, or of any treasury note, bill, or promise to pay,
lawfully issued by such foreign government and intended to
circulate as money; or''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000'' in last par.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982 of this title.
-CITE-
18 USC Sec. 482 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 482. Foreign bank notes
-STATUTE-
Whoever, within the United States, with intent to defraud,
falsely makes, alters, forges, or counterfeits any bank note or
bill issued by a bank or corporation of any foreign country, and
intended by the law or usage of such foreign country to circulate
as money, such bank or corporation being authorized by the laws of
such country, shall be fined under this title or imprisoned not
more than 20 years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 708; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 375(e), Oct. 26, 2001, 115 Stat. 342.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 272 (Mar. 4, 1909, ch.
321, Sec. 158, 35 Stat. 1118).
Reference to persons causing, procuring, aiding and assisting was
omitted as unnecessary as such persons are made principals by
section 2 of this title.
Mandatory punishment provision was rephrased in the alternative.
Changes were made in phraseology.
AMENDMENTS
2001 - Pub. L. 107-56 inserted ''20 years'' for ''two years''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $2,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 483 of this title.
-CITE-
18 USC Sec. 483 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 483. Uttering counterfeit foreign bank notes
-STATUTE-
Whoever, within the United States, utters, passes, puts off, or
tenders in payment, with intent to defraud, any such false, forged,
altered, or counterfeited bank note or bill, mentioned in section
482 of this title, knowing the same to be so false, forged,
altered, and counterfeited, whether or not the same was made,
forged, altered, or counterfeited within the United States, shall
be fined under this title or imprisoned not more than 20 years, or
both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 708; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 375(f), Oct. 26, 2001, 115 Stat. 342.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 273 (Mar. 4, 1909, ch.
321, Sec. 159, 35 Stat. 1118).
Mandatory punishment provision was rephrased in the alternative.
Changes were made in phraseology.
AMENDMENTS
2001 - Pub. L. 107-56 substituted ''20 years'' for ''one year''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-CITE-
18 USC Sec. 484 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 484. Connecting parts of different notes
-STATUTE-
Whoever so places or connects together different parts of two or
more notes, bills, or other genuine instruments issued under the
authority of the United States, or by any foreign government, or
corporation, as to produce one instrument, with intent to defraud,
shall be guilty of forgery in the same manner as if the parts so
put together were falsely made or forged, and shall be fined under
this title or imprisoned not more than 10 years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 708; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
107-56, title III, Sec. 374(h), Oct. 26, 2001, 115 Stat. 341.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 276 (Mar. 4, 1909, ch.
321, Sec. 162, 35 Stat. 1119).
Minor changes in phraseology were made.
AMENDMENTS
2001 - Pub. L. 107-56 substituted ''10 years'' for ''five
years''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000''.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-CITE-
18 USC Sec. 485 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 485. Coins or bars
-STATUTE-
Whoever falsely makes, forges, or counterfeits any coin or bar in
resemblance or similitude of any coin of a denomination higher than
5 cents or any gold or silver bar coined or stamped at any mint or
assay office of the United States, or in resemblance or similitude
of any foreign gold or silver coin current in the United States or
in actual use and circulation as money within the United States; or
Whoever passes, utters, publishes, sells, possesses, or brings
into the United States any false, forged, or counterfeit coin or
bar, knowing the same to be false, forged, or counterfeit, with
intent to defraud any body politic or corporate, or any person, or
attempts the commission of any offense described in this paragraph
-
Shall be fined under this title or imprisoned not more than
fifteen years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 708; Pub. L. 89-81, title II,
Sec. 211(a), July 23, 1965, 79 Stat. 257; 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. 277 (Mar. 4, 1909, ch.
321, Sec. 163, 35 Stat. 1119).
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary as such persons are made principals by
section 2 of this title.
Mandatory punishment provision was rephrased in the alternative.
The provision for imprisonment for 10 years was changed to 15
years to conform to sections 471 and 472 of this title.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
1965 - Pub. L. 89-81 struck out ''Gold or silver'' before ''Coins
or bars'' in section catchline, changed the description of the
United States coins covered in first par. from gold or silver coins
to any coin of a denomination higher than 5 cents, and made minor
structural changes in second par.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982 of this title.
-CITE-
18 USC Sec. 486 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 486. Uttering coins of gold, silver or other metal
-STATUTE-
Whoever, except as authorized by law, makes or utters or passes,
or attempts to utter or pass, any coins of gold or silver or other
metal, or alloys of metals, intended for use as current money,
whether in the resemblance of coins of the United States or of
foreign countries, or of original design, shall be fined under this
title (FOOTNOTE 1) or imprisoned not more than five years, or both.
(FOOTNOTE 1) See 1994 Amendment note below.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 709; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 281 (Mar. 4, 1909, ch.
321, Sec. 167, 35 Stat. 1120).
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of ''principal'' in section 2 of
this title.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322, which directed the amendment of this
section by substituting ''fined under this title'' for ''fined not
more than $2,000'', was executed by making the substitution for
''fined not more than $3,000'', to reflect the probable intent of
Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982 of this title.
-CITE-
18 USC Sec. 487 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 487. Making or possessing counterfeit dies for coins
-STATUTE-
Whoever, without lawful authority, makes any die, hub, or mold,
or any part thereof, either of steel or plaster, or any other
substance, in likeness or similitude, as to the design or the
inscription thereon, of any die, hub, or mold designated for the
coining or making of any of the genuine gold, silver, nickel,
bronze, copper, or other coins coined at the mints of the United
States; or
Whoever, without lawful authority, possesses any such die, hub,
or mold, or any part thereof, or permits the same to be used for or
in aid of the counterfeiting of any such coins of the United States
-
Shall be fined under this title or imprisoned not more than
fifteen years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 709; 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. 283 (Mar. 4, 1909, ch.
321, Sec. 169, 35 Stat. 1120).
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary as such persons are made principals by
section 2 of this title.
Mandatory punishment provision was rephrased in the alternative.
The provision for imprisonment for 10 years was changed to 15
years to conform to section 471 of this title.
Changes in phraseology were made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982 of this title.
-CITE-
18 USC Sec. 488 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 488. Making or possessing counterfeit dies for foreign coins
-STATUTE-
Whoever, within the United States, without lawful authority,
makes any die, hub, or mold, or any part thereof, either of steel
or of plaster, or of any other substance, in the likeness or
similitude, as to the design or the inscription thereon, of any
die, hub, or mold designated for the coining of the genuine coin of
any foreign government; or
Whoever, without lawful authority, possesses any such die, hub,
or mold, or any part thereof, or conceals, or knowingly suffers the
same to be used for the counterfeiting of any foreign coin -
Shall be fined under this title or imprisoned not more than five
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 709; 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. 284 (Mar. 4, 1909, ch.
321, Sec. 170, 35 Stat. 1120).
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary as such persons are made principals by
section 2 of this title.
Provision for $2,000 fine was increased to $5,000 to conform with
section 481 of this title.
Changes in phraseology were made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982 of this title.
-CITE-
18 USC Sec. 489 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 489. Making or possessing likeness of coins
-STATUTE-
Whoever, within the United States, makes or brings therein from
any foreign country, or possesses with intent to sell, give away,
or in any other manner uses the same, except under authority of the
Secretary of the Treasury or other proper officer of the United
States, any token, disk, or device in the likeness or similitude as
to design, color, or the inscription thereon of any of the coins of
the United States or of any foreign country issued as money, either
under the authority of the United States or under the authority of
any foreign government shall be fined under this title.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 709; July 16, 1951, ch. 226, Sec.
3, 65 Stat. 122; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(B),
Sept. 13, 1994, 108 Stat. 2146.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 285 (Mar. 4, 1909, ch.
321, Sec. 171, 35 Stat. 1121; Feb. 15, 1912, ch. 38, 37 Stat. 64).
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of ''principal'' in section 2 of
this title.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $100''.
1951 - Act July 16, 1951, struck out ''publisher's illustrations
excepted'' in section catchline, struck out from text all language
which could be interpreted to prohibit or restrict the making and
printing of coin illustrations in magazines and other publications,
and gave the Secretary of the Treasury the authority to make
exceptions to the application of this section.
-CITE-
18 USC Sec. 490 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 490. Minor coins
-STATUTE-
Whoever falsely makes, forges, or counterfeits any coin in the
resemblance or similitude of any of the one-cent and 5-cent coins
minted at the mints of the United States; or
Whoever passes, utters, publishes, or sells, or brings into the
United States, or possesses any such false, forged, or
counterfeited coin, with intent to defraud any person, shall be
fined under this title or imprisoned not more than three years, or
both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 709; Pub. L. 98-216, Sec.
3(b)(1), Feb. 14, 1984, 98 Stat. 6; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 278 (Mar. 4, 1909, ch.
321, Sec. 164, 35 Stat. 1119).
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary as such persons are made principals by
section 2 of this title.
Mandatory punishment provision was rephrased in the alternative.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000''.
1984 - Pub. L. 98-216 substituted ''one-cent and 5-cent coins
minted'' for ''minor coins coined''.
EFFECTIVE DATE OF 1984 AMENDMENT
Section 4(c) of Pub. L. 98-216 provided that: ''The amendments
made by sections 1(3), (4), and (7) and 3(b)(1) of this Act
(amending this section and sections 3322, 3528, and 5132 of Title
31, Money and Finance) are effective as of September 13, 1982.''
-CITE-
18 USC Sec. 491 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 491. Tokens or paper used as money
-STATUTE-
(a) Whoever, being 18 years of age or over, not lawfully
authorized, makes, issues, or passes any coin, card, token, or
device in metal, or its compounds, intended to be used as money, or
whoever, being 18 years of age or over, with intent to defraud,
makes, utters, inserts, or uses any card, token, slug, disk,
device, paper, or other thing similar in size and shape to any of
the lawful coins or other currency of the United States or any coin
or other currency not legal tender in the United States, to procure
anything of value, or the use or enjoyment of any property or
service from any automatic merchandise vending machine,
postage-stamp machine, turnstile, fare box, coinbox telephone,
parking meter or other lawful receptacle, depository, or
contrivance designed to receive or to be operated by lawful coins
or other currency of the United States, shall be fined under this
title, or imprisoned not more than one year, or both.
(b) Whoever manufactures, sells, offers, or advertises for sale,
or exposes or keeps with intent to furnish or sell any token, slug,
disk, device, paper, or other thing similar in size and shape to
any of the lawful coins or other currency of the United States, or
any token, disk, paper, or other device issued or authorized in
connection with rationing or food and fiber distribution by any
agency of the United States, with knowledge or reason to believe
that such tokens, slugs, disks, devices, papers, or other things
are intended to be used unlawfully or fraudulently to procure
anything of value, or the use or enjoyment of any property or
service from any automatic merchandise vending machine,
postage-stamp machine, turnstile, fare box, coinbox telephone,
parking meter, or other lawful receptacle, depository, or
contrivance designed to receive or to be operated by lawful coins
or other currency of the United States shall be fined under this
title or imprisoned not more than one year, or both.
Nothing contained in this section shall create immunity from
criminal prosecution under the laws of any State, Commonwealth of
Puerto Rico, territory, possession, or the District of Columbia.
(c) ''Knowledge or reason to believe'', within the meaning of
paragraph (b) of this section, may be shown by proof that any
law-enforcement officer has, prior to the commission of the offense
with which the defendant is charged, informed the defendant that
tokens, slugs, disks, or other devices of the kind manufactured,
sold, offered, or advertised for sale by him or exposed or kept
with intent to furnish or sell, are being used unlawfully or
fraudulently to operate certain specified automatic merchandise
vending machines, postage-stamp machines, turnstiles, fare boxes,
coin-box telephones, parking meters, or other receptacles,
depositories, or contrivances, designed to receive or to be
operated by lawful coins of the United States.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 710; Pub. L. 87-667, Sept. 19,
1962, 76 Stat. 555; Pub. L. 103-322, title XXXIII, Sec.
330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 282, 282a (Mar. 4,
1909, ch. 321, Sec. 168, 35 Stat. 1120, and Sec. 168a as added Apr.
1, 1944, ch. 151, 58 Stat. 149).
Mandatory punishment provision in subsection (a) was rephrased in
the alternative.
Sections were consolidated and changes were made in phraseology.
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of ''principal'' in section 2 of
this title.
Punishment provision in paragraph (a) of 5 years was changed to 1
year to make the offense a misdemeanor as was done in paragraph (b)
of this section, which represents the latest expression of the
intention of Congress. See definition of felony and misdemeanor in
section 1 of this title and note thereunder.
In paragraph (b) the $3,000 fine was reduced to $1,000 to conform
to paragraph (a) and as more in keeping with the gravity of
offense.
AMENDMENTS
1994 - Subsecs. (a), (b). Pub. L. 103-322 substituted ''fined
under this title'' for ''fined not more than $1,000''.
1962 - Subsec. (a). Pub. L. 87-667 inserted ''being 18 years of
age or over,'' before ''not lawfully authorized'', and ''or
whoever, being 18 years of age or over, with intent to defraud,
makes, utters, inserts, or uses any card, token, slug, disk,
device, paper, or other thing similar in size and shape to any of
the lawful coins or other currency of the United States or any coin
or other currency not legal tender in the United States, to procure
anything of value, or the use or enjoyment of any property or
service from any automatic merchandise vending machine,
postage-stamp machine, turnstile, fare box, coinbox telephone,
parking meter or other lawful receptacle, depository, or
contrivance designed to receive or to be operated by lawful coins
or other currency of the United States,'' and deleted ''for any
1-cent, 2-cent, 3-cent, or 5-cent piece, authorized by law, or for
coins of equal value'' after ''intended to be used as money''.
Subsec. (b). Pub. L. 87-667 substituted ''device, paper, or other
thing similar'' for ''device similar'', ''paper, or other device
issued or authorized in connection with rationing or food and fiber
distribution'' for ''or other device issued or authorized in
connection with rationing'', and ''devices, papers, or other things
are intended to be used unlawfully'' for ''or other devices may be
used unlawfully'', inserted ''or other currency'' before ''of the
United States'' in two places, and ''lawful'' before ''receptacle,
depository'', and provided that nothing in this section shall
create immunity from criminal prosecution under the laws of any
State, Commonwealth of Puerto Rico, territory, possession, or the
District of Columbia.
-CITE-
18 USC Sec. 492 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 492. Forfeiture of counterfeit paraphernalia
-STATUTE-
All counterfeits of any coins or obligations or other securities
of the United States or of any foreign government, or any articles,
devices, and other things made, possessed, or used in violation of
this chapter or of sections 331-333, 335, 336, 642 or 1720, of this
title, or any material or apparatus used or fitted or intended to
be used, in the making of such counterfeits, articles, devices or
things, found in the possession of any person without authority
from the Secretary of the Treasury or other proper officer, shall
be forfeited to the United States.
Whoever, having the custody or control of any such counterfeits,
material, apparatus, articles, devices, or other things, fails or
refuses to surrender possession thereof upon request by any
authorized agent of the Treasury Department, or other proper
officer, shall be fined under this title or imprisoned not more
than one year, or both.
Whenever, except as hereinafter in this section provided, any
person interested in any article, device, or other thing, or
material or apparatus seized under this section files with the
Secretary of the Treasury, before the disposition thereof, a
petition for the remission or mitigation of such forfeiture, the
Secretary of the Treasury, if he finds that such forfeiture was
incurred without willful negligence or without any intention on the
part of the petitioner to violate the law, or finds the existence
of such mitigating circumstances as to justify the remission or the
mitigation of such forfeiture, may remit or mitigate the same upon
such terms and conditions as he deems reasonable and just.
If the seizure involves offenses other than offenses against the
coinage, currency, obligations or securities of the United States
or any foreign government, the petition for the remission or
mitigation of forfeiture shall be referred to the Attorney General,
who may remit or mitigate the forfeiture upon such terms as he
deems reasonable and just.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 710; Pub. L. 107-273, div. B,
title IV, Sec. 4002(d)(1)(A), Nov. 2, 2002, 116 Stat. 1809.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 286 (Mar. 4, 1909, ch.
321, Sec. 172, 35 Stat. 1121; Jan. 27, 1938, ch. 10, Sec. 4, 52
Stat. 7).
Section was materially shortened through merger of former third
and fourth sentences with present first and second paragraphs by
extending latter to include ''articles, devices, and other
things''. This necessitated many insertions and deletions in the
first two paragraphs, which, however, did not affect the substance
of the section.
A reference in the former third sentence to violations of certain
sections was broadened to read ''in violation of this chapter or of
sections 331-333, 335-336, 642, 1720, of this title'' and
incorporated in the first paragraph. This translation extends for
the first time the provisions of this section to subject matter of
sections 493-496, 498, 499, 504-509 of this title. All of the
sections covered by the original reference in this section are
represented in the translation except section 261, now section 8 of
this title, and section 287 of title 18, U.S.C., 1940 ed., which
were omitted therefrom as unnecessary, since the former is
definitive and the latter related to procedure only, and is
superseded by rule 41(a), (b) of the Federal Rules of Criminal
Procedure.
The revised section was so written as to limit the authority of
the Secretary of the Treasury to forfeitures within the enforcement
powers of the Treasury Department, which advises that it does not
investigate counterfeiting offenses not involving coins, currency,
or Government obligations and securities. The Attorney General is
the appropriate officer to remit or mitigate other forfeitures.
Changes in phraseology were also made.
AMENDMENTS
2002 - Pub. L. 107-273 substituted ''under this title'' for ''not
more than $100'' in second par.
-CITE-
18 USC Sec. 493 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 493. Bonds and obligations of certain lending agencies
-STATUTE-
Whoever falsely makes, forges, counterfeits or alters any note,
bond, debenture, coupon, obligation, instrument, or writing in
imitation or purporting to be in imitation of, a note, bond,
debenture, coupon, obligation, instrument or writing, issued by the
Reconstruction Finance Corporation, Federal Deposit Insurance
Corporation, National Credit Union Administration, Home Owners'
Loan Corporation, Farm Credit Administration, Department of Housing
and Urban Development, or any land bank, intermediate credit bank,
insured credit union, bank for cooperatives or any lending,
mortgage, insurance, credit or savings and loan corporation or
association authorized or acting under the laws of the United
States, shall be fined under this title or imprisoned not more than
10 years, or both.
Whoever passes, utters, or publishes, or attempts to pass, utter
or publish any note, bond, debenture, coupon, obligation,
instrument or document knowing the same to have been falsely made,
forged, counterfeited or altered, contrary to the provisions of
this section, shall be fined under this title or imprisoned not
more than 10 years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 711; Pub. L. 87-353, Sec. 3(p),
Oct. 4, 1961, 75 Stat. 774; Pub. L. 90-19, Sec. 24(a), May 25,
1967, 81 Stat. 27; Pub. L. 91-468, Sec. 3, Oct. 19, 1970, 84 Stat.
1016; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13,
1994, 108 Stat. 2147; Pub. L. 107-56, title III, Sec. 374(i), Oct.
26, 2001, 115 Stat. 341.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on sections 264(t), 982, 1126, 1138d(b), 1316, 1441(b),
1467(b), 1731(b) of title 12, U.S.C., 1940 ed., Banks and Banking,
and section 616(b) of title 15, U.S.C. 1940 ed., Commerce and Trade
(Dec. 23, 1913, ch. 6, Sec. 12B(t), as added June 16, 1933, ch. 89,
Sec. 8, 48 Stat. 178, and amended Aug. 23, 1935, ch. 614, Sec. 101,
49 Stat. 684; July 17, 1916, ch. 245, Sec. 31 (second paragraph),
39 Stat. 383; July 17, 1916, ch. 245, Sec. 211(f), as added Mar. 4,
1923, ch. 252, title I, Sec. 2, 42 Stat. 1460; Mar. 4, 1923, ch.
252, title II, Sec. 216(f), 42 Stat. 1472; Jan. 22, 1932, ch. 8,
Sec. 16(b), 47 Stat. 11; July 22, 1932, ch. 522, Sec. 21(b), 47
Stat. 738; June 13, 1933, ch. 64, Sec. 8(b), 48 Stat. 134; June 16,
1933, ch. 98, Sec. 64(b), 48 Stat. 268; June 27, 1934, ch. 847,
Sec. 512(b), 48 Stat. 1265).
Each of the nine sections from which this section was derived
contained similar provisions with respect to one or more named
agencies or corporations. The punishment was the same in each
section except that in sections 982, 1126, and 1316 of title 12,
U.S.C., 1940 ed., Banks and Banking, the maximum fine was $5,000.
This section adopts the $10,000 maximum fine provided in the other
six former sections.
This section condenses and simplifies the form of the former
sections without change of substance, except where the maximum fine
differs as noted above.
The enumeration of ''note, bond, debenture, coupon, obligation,
instrument, or writing'' does not occur in any one of the original
sections but is an adequate enumeration of the instruments
mentioned in each.
Certain specific agencies are enumerated by name as are ''land
bank, intermediate credit bank, bank for cooperatives,'' but the
phrase ''or any lending, mortgage, insurance, credit, or savings
and loan corporation or association'' was used to embrace the
following: National Farm Loan Association, Federal Savings and Loan
Insurance Corporation, Federal Savings and Loan Associations,
National Agricultural Credit Corporation, Production Credit
Corporations, Production Credit Associations, Home Loan Banks,
National Mortgage Associations, and Central Bank for Cooperatives,
Regional Agricultural Credit Corporation, or any instrumentalities
created for similar purposes.
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary, such persons being principals by section 2
of this title.
The section was written in two paragraphs; the first denouncing
forgery, counterfeiting, and altering; the second, passing,
uttering, and publishing. This arrangement, together with the
simplified style of the rewritten section, will permit the repeal
of similar provisions in at least nine complicated sections now in
title 12, U.S.C., 1940 ed., Banks and Banking.
Section 1138d(f) of title 12, U.S.C., 1940 ed., Banks and
Banking, was omitted from this revision and recommended for
repeal. It provides as follows: ''Whoever conspires with another
to accomplish any of the acts made unlawful by the preceding
provisions of this section shall, on conviction thereof, be subject
to the same fine or imprisonment, or both, as is applicable in the
case of conviction for doing such unlawful act.''
The only case construing such subsection (f) is United States v.
Halbrook, D.C. Mo. 1941, 36 F. Supp. 345, in which the District
Judge said by way of obiter dictum in a footnote that ''Under this
section no overt act need be shown as is true in the case of a
prosecution under section 37 of the Criminal Code'', now section
371 of this title.
Indeed the indictment upon which Halbrook was acquitted was drawn
under section 88 of title 18, U.S.C., 1940 ed., now section 371 of
this title, which required allegation and proof of an overt act and
provided punishment by fine of not more than $10,000, or
imprisonment for not more than 2 years, or both. The second
indictment charged only substantive violations and involved neither
conspiracy section.
It will be noted that section 1138d(f) of title 12, U.S.C., 1940
ed., Banks and Banking, applies in terms only to the Farm Credit
Administration, intermediate credit banks, Federal Farm Mortgage
Corporation, and by reference to the banks for cooperatives,
Production Credit Associations and Production Credit Corporations,
and is not applicable to land banks, loan associations, Federal
Housing Administration, Home Owners' Loan Corporation, or other
institutions.
It is also noted that in the only reported case involving this
section, the United States attorney drew his conspiracy indictment
not under section 1138d(f) of title 12, U.S.C., 1940 ed., Banks and
Banking, but under section 88 of title 18, U.S.C., 1940 ed., which
is now section 371 of this title, indicating considerable doubt as
to the scope and effect of section 1138d(f) of said title 12,
U.S.C., 1940 ed., Banks and Banking.
There is no sound reason for differentiating between types of
credit, insurance, banking and lending agencies in the punishment
of conspiracy or in the requirement as to proof of overt acts.
Since conspiracies involving offenses equally serious such as
obstruction of justice, bribery, embezzlements, counterfeiting and
false statements and offenses against the Treasury of the United
States as well as the Federal Deposit Insurance Corporation and the
Home Owners' Loan Corporation are punishable under the general
conspiracy statute, the same rule should be applied to lesser
agencies.
The blanket provision for punishment of ''any person who
willfully violates any other provision of this Act'' was omitted as
useless, in view of the specific provisions for penalties elsewhere
in the Act.
AMENDMENTS
2001 - Pub. L. 107-56 substituted ''10 years'' for ''five years''
in two places.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $10,000'' in two places.
1970 - Pub. L. 91-468 inserted National Credit Union
Administration and insured credit unions in enumeration of lending
agencies.
1967 - Pub. L. 90-19 substituted ''Department of Housing and
Urban Development'' for ''Federal Housing Administration''.
1961 - Pub. L. 87-353 struck out reference to the Federal Farm
Mortgage Corporation.
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective
on and after the first day of fiscal year 2005 if Congress enacts a
joint resolution that such amendments no longer have the force of
law, see section 303 of Pub. L. 107-56, set out as a Four-Year
Congressional Review; Expedited Consideration note under section
5311 of Title 31, Money and Finance.
-TRANS-
EXCEPTIONS FROM TRANSFER OF FUNCTIONS
Functions of corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of
Commodity Credit Corporation; and Farm Credit Administration or any
agency, officer or entity of, under, or subject to supervision of
said Administration excepted from functions of officers, agencies,
and employees transferred to Secretary of Agriculture by Reorg.
Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67
Stat. 633, set out in the Appendix to Title 5, Government
Organization and Employees.
ABOLITION OF RECONSTRUCTION FINANCE CORPORATION
Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957,
22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5,
Government Organization and Employees, abolished the Reconstruction
Finance Corporation.
ABOLITION OF HOME OWNERS' LOAN CORPORATION
For dissolution and abolition of Home Owners' Loan Corporation,
referred to in this section, by act June 30, 1953, ch. 170, Sec.
21, 67 Stat. 126, see note set out under section 1463 of Title 12,
Banks and Banking.
-MISC5-
FARM CREDIT ADMINISTRATION
Establishment of Farm Credit Administration as independent
agency, and other changes in status, function, etc., see Ex. Ord.
No. 6084 set out prec. section 2241 of Title 12, Banks and Banking.
See also section 2001 et seq. of Title 12.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3056 of this title.
-CITE-
18 USC Sec. 494 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 494. Contractors' bonds, bids, and public records
-STATUTE-
Whoever falsely makes, alters, forges, or counterfeits any bond,
bid, proposal, contract, guarantee, security, official bond, public
record, affidavit, or other writing for the purpose of defrauding
the United States; or
Whoever utters or publishes as true or possesses with intent to
utter or publish as true, any such false, forged, altered, or
counterfeited writing, knowing the same to be false, forged,
altered, or counterfeited; or
Whoever transmits to, or presents at any office or to any officer
of the United States, any such false, forged, altered, or
counterfeited writing, knowing the same to be false, forged,
altered, or counterfeited -
Shall be fined under this title or imprisoned not more than ten
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 711; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 72 (Mar. 4, 1909, ch.
321, Sec. 28, 35 Stat. 1094).
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary as such persons are made principals by
section 2 of this title.
Changes were also made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000''.
-CITE-
18 USC Sec. 495 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 495. Contracts, deeds, and powers of attorney
-STATUTE-
Whoever falsely makes, alters, forges, or counterfeits any deed,
power of attorney, order, certificate, receipt, contract, or other
writing, for the purpose of obtaining or receiving, or of enabling
any other person, either directly or indirectly, to obtain or
receive from the United States or any officers or agents thereof,
any sum of money; or
Whoever utters or publishes as true any such false, forged,
altered, or counterfeited writing, with intent to defraud the
United States, knowing the same to be false, altered, forged, or
counterfeited; or
Whoever transmits to, or presents at any office or officer of the
United States, any such writing in support of, or in relation to,
any account or claim, with intent to defraud the United States,
knowing the same to be false, altered, forged, or counterfeited -
Shall be fined under this title or imprisoned not more than ten
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 711; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 73 (Mar. 4, 1909, ch.
321, Sec. 29, 35 Stat. 1094).
Reference in first paragraph to persons causing, procuring,
aiding or assisting was omitted as unnecessary as such persons are
made principals by section 2 of this title.
Mandatory punishment provision was rephrased in the alternative.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000''.
-CITE-
18 USC Sec. 496 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 496. Customs matters
-STATUTE-
Whoever forges, counterfeits or falsely alters any writing made
or required to be made in connection with the entry or withdrawal
of imports or collection of customs duties, or uses any such
writing knowing the same to be forged, counterfeited or falsely
altered, shall be fined under this title or imprisoned not more
than three years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 711; 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. 119 (Mar. 4, 1909, ch.
321, Sec. 63, 35 Stat. 1100).
Section was rewritten to apply to all customs documents or
writings. The Treasury Department advises that certificates of
entry are obsolete.
Mandatory punishment provision was rephrased in the alternative.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $10,000''.
-CITE-
18 USC Sec. 497 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 497. Letters patent
-STATUTE-
Whoever falsely makes, forges, counterfeits, or alters any
letters patent granted or purporting to have been granted by the
President of the United States; or
Whoever passes, utters, or publishes, or attempts to pass, utter,
or publish as genuine, any such letters patent, knowing the same to
be forged, counterfeited or falsely altered -
Shall be fined under this title or imprisoned not more than ten
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 712; 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. 71 (Mar. 4, 1909, ch.
321, Sec. 27, 35 Stat. 1094).
Mandatory punishment provision was rephrased in the alternative.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
-CITE-
18 USC Sec. 498 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 498. Military or naval discharge certificates
-STATUTE-
Whoever forges, counterfeits, or falsely alters any certificate
of discharge from the military or naval service of the United
States, or uses, unlawfully possesses or exhibits any such
certificate, knowing the same to be forged, counterfeited, or
falsely altered, shall be fined under this title (FOOTNOTE 1) or
imprisoned not more than one year, or both.
(FOOTNOTE 1) See 1994 Amendment note below.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 712; 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. 136 (Mar. 4, 1917, ch.
180, 39 Stat. 1182).
Reference to any person causing, procuring, aiding or assisting
was omitted as unnecessary as such persons are made principals by
section 2 of this title.
At the end of this section words ''in the discretion of the
court'' were omitted as unnecessary, as the punishment provisions,
being framed in the alternative by the use of the disjunctive
''or,'' vest in the court the power to impose a fine or prison
sentence in its discretion.
Changes in phraseology were made.
AMENDMENTS
1994 - Pub. L. 103-322, which directed the amendment of this
section by substituting ''fined under this title'' for ''fined not
more than $5,000'', was executed by making the substitution for
''fined not more than $1,000'', to reflect the probable intent of
Congress.
-CITE-
18 USC Sec. 499 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 499. Military, naval, or official passes
-STATUTE-
Whoever falsely makes, forges, counterfeits, alters, or tampers
with any naval, military, or official pass or permit, issued by or
under the authority of the United States, or with intent to defraud
uses or possesses any such pass or permit, or personates or falsely
represents himself to be or not to be a person to whom such pass or
permit has been duly issued, or willfully allows any other person
to have or use any such pass or permit, issued for his use alone,
shall be fined under this title or imprisoned not more than five
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 712; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 132 (June 15, 1917, ch.
30, title X, Sec. 3, 40 Stat. 228).
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $2,000''.
-SECREF-
SECTIONS REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1717 of this title.
-CITE-
18 USC Sec. 500 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 500. Money orders
-STATUTE-
Whoever, with intent to defraud, falsely makes, forges,
counterfeits, engraves, or prints any order in imitation of or
purporting to be a blank money order or a money order issued by or
under the direction of the Post Office Department or Postal
Service; or
Whoever forges or counterfeits the signature or initials of any
person authorized to issue money orders upon or to any money order,
postal note, or blank therefor provided or issued by or under the
direction of the Post Office Department or Postal Service, or post
office department or corporation of any foreign country, and
payable in the United States, or any material signature or
indorsement thereon, or any material signature to any receipt or
certificate of identification thereof; or
Whoever falsely alters, in any material respect, any such money
order or postal note; or
Whoever, with intent to defraud, passes, utters or publishes or
attempts to pass, utter or publish any such forged or altered money
order or postal note, knowing any material initials, signature,
stamp impression or indorsement thereon to be false, forged, or
counterfeited, or any material alteration therein to have been
falsely made; or
Whoever issues any money order or postal note without having
previously received or paid the full amount of money payable
therefor, with the purpose of fraudulently obtaining or receiving,
or fraudulently enabling any other person, either directly or
indirectly, to obtain or receive from the United States or Postal
Service, or any officer, employee, or agent thereof, any sum of
money whatever; or
Whoever embezzles, steals, or knowingly converts to his own use
or to the use of another, or without authority converts or disposes
of any blank money order form provided by or under the authority of
the Post Office Department or Postal Service; or
Whoever receives or possesses any such money order form with the
intent to convert it to his own use or gain or use or gain of
another knowing it to have been embezzled, stolen or converted; or
Whoever, with intent to defraud the United States, the Postal
Service, or any person, transmits, presents, or causes to be
transmitted or presented, any money order or postal note knowing
the same -
(1) to contain any forged or counterfeited signature, initials,
or any stamped impression, or
(2) to contain any material alteration therein unlawfully made,
or
(3) to have been unlawfully issued without previous payment of
the amount required to be paid upon such issue, or
(4) to have been stamped without lawful authority; or
Whoever steals, or with intent to defraud or without being
lawfully authorized by the Post Office Department or Postal
Service, receives, possesses, disposes of or attempts to dispose of
any postal money order machine or any stamp, tool, or instrument
specifically designed to be used in preparing or filling out the
blanks on postal money order forms -
Shall be fined under this title (FOOTNOTE 1) or imprisoned not
more than five years, or both.
(FOOTNOTE 1) See 1994 Amendment note below.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 712; Pub. L. 91-375, Sec.
6(j)(5), Aug. 12, 1970, 84 Stat. 777; Pub. L. 92-430, Sept. 23,
1972, 86 Stat. 722; 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. 347 (Mar. 4, 1909, ch.
321, Sec. 218, 35 Stat. 1131).
References to persons causing, procuring, aiding or assisting
were omitted as unnecessary as such persons are made principals by
section 2 of this title.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322, which directed the amendment of this
section by substituting ''fined under this title'' for ''fined not
more than $10,000'', was executed by making the substitution for
''fined not more than $5,000'' in last par., to reflect the
probable intent of Congress.
1972 - Pub. L. 92-430 substituted ''a blank money order or a
money order issued by or under the direction of'' for ''a money
order issued by'' and struck out '', or by any officer or employee
thereof'' in first par.; substituted ''or initials of any person
authorized to issue money orders'' for ''of any officer or employee
of the Postal Service,'' in second par.; inserted ''or attempts to
pass, utter or publish'' before ''any such forged'' and substituted
''material initials, signature, stamp impression'' for ''material
signature'' in fourth par.; inserted ''or Postal Service'' after
''the United States'' in fifth par.; inserted sixth and seventh
pars.; inserted '', the Postal Service'' after ''the United
States'', and substituted ''presents, or causes to be transmitted
or presented, any money order'' for ''or presents to any officer or
employee, or at any office of the United States, any money order''
and designated material after ''knowing the same'' as cls. (1) to
(3) with minor changes and added cl. (4) in eighth par.; inserted
ninth par., and enacted provisions of former seventh par. as tenth
par.
1970 - Pub. L. 91-375 inserted reference to Postal Service and
substituted ''officer or employee'' for ''postmaster or agent'' in
first par. and substituted ''officer or employee of the Postal
Service'' for ''postmaster, assistant postmaster, chief clerk, or
clerk'' and ''Post Office Department or the Postal Service, or post
office department or corporation of any foreign country'' for
''Post Office Department of the United States, or of any foreign
country'' in second par.
-CHANGE-
CHANGE OF NAME
Post Office Department redesignated United States Postal Service
pursuant to Pub. L. 91-375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 733,
set out as a note preceding section 101 of Title 39, Postal
Service.
-MISC4-
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-375 effective within 1 year after Aug.
12, 1970, on date established therefor by the Board of Governors of
the United States Postal Service and published by it in the Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal
Service.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1956 of this title.
-CITE-
18 USC Sec. 501 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 501. Postage stamps, postage meter stamps, and postal cards
-STATUTE-
Whoever forges or counterfeits any postage stamp, postage meter
stamp, or any stamp printed upon any stamped envelope, or postal
card, or any die, plate, or engraving thereof; or
Whoever makes or prints, or knowingly uses or sells, or possesses
with intent to use or sell, any such forged or counterfeited
postage stamp, postage meter stamp, stamped envelope, postal card,
die, plate, or engraving; or
Whoever makes, or knowingly uses or sells, or possesses with
intent to use or sell, any paper bearing the watermark of any
stamped envelope, or postal card, or any fraudulent imitation
thereof; or
Whoever makes or prints, or authorizes to be made or printed, any
postage stamp, postage meter stamp, stamped envelope, or postal
card, of the kind authorized and provided by the Post Office
Department or by the Postal Service, without the special authority
and direction of the Department or Postal Service; or
Whoever after such postage stamp, postage meter stamp, stamped
envelope, or postal card has been printed, with intent to defraud,
delivers the same to any person not authorized by an instrument in
writing, duly executed under the hand of the Postmaster General and
the seal of the Post Office Department or the Postal Service, to
receive it -
Shall be fined under this title or imprisoned not more than five
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 713; Pub. L. 91-375, Sec.
6(j)(6), Aug. 12, 1970, 84 Stat. 777; Pub. L. 91-448, Sec. 1(a),
Oct. 14, 1970, 84 Stat. 920; Pub. L. 103-322, title XXXIII, Sec.
330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 348 (Mar. 4, 1909, ch.
321, Sec. 219, 35 Stat. 1132).
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of ''principal'' in section 2 of
this title.
Minor changes of phraseology were made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $500'' in last par.
1970 - Pub. L. 91-448 inserted references to the Postal Service
and to postage meter stamps. Pub. L. 91-448, Sec. 1(b), repealed
section 6(j)(6) of the Postal Reorganization Act, Pub. L. 91-375,
Aug. 12, 1970, 84 Stat. 719, by which the references to the Postal
Service had been inserted earlier.
Pub. L. 91-375 inserted ''or by the Postal Service,'' after
''Post Office Department,'' and substituted ''the Department or
Postal Service'' for ''said department'' in fourth par. and struck
out the comma after ''stamped envelope'' and ''to defraud'' and
inserted ''or the Postal Service'' after ''Post Office Department''
in fifth par.
-CHANGE-
CHANGE OF NAME
Post Office Department redesignated United States Postal Service
pursuant to Pub. L. 91-375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 733,
set out as a note preceding section 101 of Title 39, Postal
Service.
-MISC4-
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-375 effective within 1 year after Aug.
12, 1970, on date established therefor by Board of Governors of
United States Postal Service and published by it in Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal
Service.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982, 1956 of this
title.
-CITE-
18 USC Sec. 502 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 502. Postage and revenue stamps of foreign governments
-STATUTE-
Whoever forges, or counterfeits, or knowingly utters or uses any
forged or counterfeit postage stamp or revenue stamp of any foreign
government, shall be fined under this title or imprisoned not more
than five years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 713; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 349 (Mar. 4, 1909, ch.
321, Sec. 220, 35 Stat. 1132; May 26, 1926, ch. 396, 44 Stat. 653).
A paragraph defining ''foreign government'' was combined with
other like provisions to form section 11 of this title. A proviso
against repeal, ''Provided, however, That nothing in this section
shall be held to repeal or modify section 350 of this title (now
section 504 of this title)'', was deleted as unnecessary since that
section by express reference to this one makes it clear that these
sections are in pari materia.
Minor changes in phraseology were also made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $500''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982, 1956 of this
title.
-CITE-
18 USC Sec. 503 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 503. Postmarking stamps
-STATUTE-
Whoever forges or counterfeits any postmarking stamp, or
impression thereof with intent to make it appear that such
impression is a genuine postmark, or makes or knowingly uses or
sells, or possesses with intent to use or sell, any forged or
counterfeited postmarking stamp, die, plate, or engraving, or such
impression thereof, shall be fined under this title or imprisoned
not more than five years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 713; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 349a (Aug. 26, 1935,
ch. 692, 49 Stat. 866).
Minor changes in phraseology were made.
AMENDMENTS
1994 - Pub. L. 103-322 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 section 1956 of this title.
-CITE-
18 USC Sec. 504 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 504. Printing and filming of United States and foreign
obligations and securities
-STATUTE-
Notwithstanding any other provision of this chapter, the
following are permitted:
(1) The printing, publishing, or importation, or the making or
importation of the necessary plates for such printing or
publishing, of illustrations of -
(A) postage stamps of the United States,
(B) revenue stamps of the United States,
(C) any other obligation or other security of the United
States, and
(D) postage stamps, revenue stamps, notes, bonds, and any
other obligation or other security of any foreign government,
bank, or corporation.
Illustrations permitted by the foregoing provisions of this
section shall be made in accordance with the following conditions
-
(i) all illustrations shall be in black and white, except that
illustrations of postage stamps issued by the United States or by
any foreign government and stamps issued under the Migratory Bird
Hunting Stamp Act of 1934 may be in color;
(ii) all illustrations (including illustrations of uncanceled
postage stamps in color and illustrations of stamps issued under
the Migratory Bird Hunting Stamp Act of 1934 in color) shall be
of a size less than three-fourths or more than one and one-half,
in linear dimension, of each part of any matter so illustrated
which is covered by subparagraph (A), (B), (C), or (D) of this
paragraph, except that black and white illustrations of postage
and revenue stamps issued by the United States or by any foreign
government and colored illustrations of canceled postage stamps
issued by the United States may be in the exact linear dimension
in which the stamps were issued; and
(iii) the negatives and plates used in making the illustrations
shall be destroyed after their final use in accordance with this
section.
The Secretary of the Treasury shall prescribe regulations to
permit color illustrations of such currency of the United States
as the Secretary determines may be appropriate for such purposes.
(2) The provisions of this section shall not permit the
reproduction of illustrations of obligations or other securities,
by or through electronic methods used for the acquisition,
recording, retrieval, transmission, or reproduction of any
obligation or other security, unless such use is authorized by
the Secretary of the Treasury. The Secretary shall establish a
system to ensure that the legitimate use of such electronic
methods and retention of such reproductions by businesses,
hobbyists, press or others shall not be unduly restricted.
(3) The making or importation of motion-picture films,
microfilms, or slides, for projection upon a screen or for use in
telecasting, of postage and revenue stamps and other obligations
and securities of the United States, and postage and revenue
stamps, notes, bonds, and other obligations or securities of any
foreign government, bank, or corporation. No prints or other
reproductions shall be made from such films or slides, except for
the purposes of paragraph (1), without the permission of the
Secretary of the Treasury.
For the purposes of this section the term ''postage stamp''
includes postage meter stamps.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 713; Pub. L. 85-921, Sec. 1,
Sept. 2, 1958, 72 Stat. 1771; Pub. L. 90-353, Sec. 1, June 20,
1968, 82 Stat. 240; Pub. L. 91-448, Sec. 2, Oct. 14, 1970, 84 Stat.
921; Pub. L. 98-369, div. A, title X, Sec. 1077(b)(1), (2), July
18, 1984, 98 Stat. 1054; Pub. L. 102-550, title XV, Sec. 1554, Oct.
28, 1992, 106 Stat. 4071; Pub. L. 104-294, title VI, Sec. 601(e),
(f)(3), Oct. 11, 1996, 110 Stat. 3499.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 350 (Mar. 3, 1923, ch.
218, 42 Stat. 1437; Jan. 27, 1938, ch. 10, Sec. 2, 52 Stat. 6).
Minor changes in phraseology were made.
-REFTEXT-
REFERENCES IN TEXT
The Migratory Bird Hunting Stamp Act, referred to in par. (1)(i),
(ii), is act Mar. 16, 1934, ch. 71, 48 Stat. 451, as amended, which
is classified generally to subchapter IV (Sec. 718 et seq.) of
chapter 7 of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under section
718 of Title 16 and Tables.
-MISC2-
AMENDMENTS
1996 - Par. (1). Pub. L. 104-294, Sec. 601(e)(1), substituted
''The printing'' for ''the printing'' in introductory provisions.
Par. (3). Pub. L. 104-294, Sec. 601(e)(2), (f)(3), substituted
''The making or importation of'' for ''the making or importation,
of''.
1992 - Par. (1). Pub. L. 102-550, Sec. 1554(1), (2), in subpar.
(D), substituted a period for the comma at end, in provisions
following subpar. (D), struck out ''for philatelic, numismatic,
educational, historical, or newsworthy purposes in articles, books,
journals, newspapers, or albums (but not for advertising purposes,
except illustrations of stamps and paper money in philatelic or
numismatic advertising of legitimate numismatists and dealers in
stamps or publishers of or dealers in philatelic or numismatic
articles, books, journals, newspapers, or albums).'' before
''Illustrations permitted'', and inserted at end ''The Secretary of
the Treasury shall prescribe regulations to permit color
illustrations of such currency of the United States as the
Secretary determines may be appropriate for such purposes.''
Par. (2). Pub. L. 102-550, Sec. 1554(3), added par. (2). Former
par. (2) redesignated (3).
Par. (3). Pub. L. 102-550, Sec. 1554(3), (4), redesignated par.
(2) as (3) and struck out ''but not for advertising purposes except
philatelic advertising,'' after ''or importation,''.
1984 - Par. (1)(i). Pub. L. 98-369, Sec. 1077(b)(1), inserted
''and stamps issued under the Migratory Bird Hunting Stamp Act of
1934''.
Par. (1)(ii). Pub. L. 98-369, Sec. 1077(b)(2), inserted ''and
illustrations of stamps issued under the Migratory Bird Hunting
Stamp Act of 1934 in color''.
1970 - Pub. L. 91-448 inserted provision including postage meter
stamp within the meaning of postage stamp for the purposes of this
section.
1968 - Par. (1). Pub. L. 90-353 inserted provisions so as to
permit colored illustrations of canceled United States postage
stamps in the exact size of genuine stamps and colored
illustrations of uncanceled United States and foreign stamps if the
size of the illustrations is less than three-fourths or more than
one and one-half times the size of the genuine stamps and permitted
the use of colored illustrations of stamps in public documents
relating to stamps printed by the Government Printing Office at the
request of the Postmaster General.
1958 - Pub. L. 85-921 permitted black and white illustrations of
revenue stamps of the United States for philatelic and numismatic
purposes, black and white illustrations of United States and
foreign paper money and other obligations and securities for
educational, historical, and newsworthy purposes, and permitted
motion picture films, microfilms, and slides of United States and
foreign postage and revenue stamps, paper money, and other
obligations and securities, except films in connection with
advertising.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 effective July 18, 1984, see section
1077(c) of Pub. L. 98-369, set out as a note under section 718e of
Title 16, Conservation.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 474 of this title; title
16 section 718e.
-CITE-
18 USC Sec. 505 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 505. Seals of courts; signatures of judges or court officers
-STATUTE-
Whoever forges the signature of any judge, register, or other
officer of any court of the United States, or of any Territory
thereof, or forges or counterfeits the seal of any such court, or
knowingly concurs in using any such forged or counterfeit signature
or seal, for the purpose of authenticating any proceeding or
document, or tenders in evidence any such proceeding or document
with a false or counterfeit signature of any such judge, register,
or other officer, or a false or counterfeit seal of the court,
subscribed or attached thereto, knowing such signature or seal to
be false or counterfeit, shall be fined under this title or
imprisoned not more than five years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 714; 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. 236 (Mar. 4, 1909, ch.
321, Sec. 130, 35 Stat. 1112).
Mandatory punishment provision was rephrased in the alternative.
Minor changes of phraseology were made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
-CITE-
18 USC Sec. 506 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 506. Seals of departments or agencies
-STATUTE-
(a) Whoever -
(1) falsely makes, forges, counterfeits, mutilates, or alters
the seal of any department or agency of the United States, or any
facsimile thereof;
(2) knowingly uses, affixes, or impresses any such fraudulently
made, forged, counterfeited, mutilated, or altered seal or
facsimile thereof to or upon any certificate, instrument,
commission, document, or paper of any description; or
(3) with fraudulent intent, possesses, sells, offers for sale,
furnishes, offers to furnish, gives away, offers to give away,
transports, offers to transport, imports, or offers to import any
such seal or facsimile thereof, knowing the same to have been so
falsely made, forged, counterfeited, mutilated, or altered,
shall be fined under this title, or imprisoned not more than 5
years, or both.
(b) Notwithstanding subsection (a) or any other provision of law,
if a forged, counterfeited, mutilated, or altered seal of a
department or agency of the United States, or any facsimile
thereof, is -
(1) so forged, counterfeited, mutilated, or altered;
(2) used, affixed, or impressed to or upon any certificate,
instrument, commission, document, or paper of any description; or
(3) with fraudulent intent, possessed, sold, offered for sale,
furnished, offered to furnish, given away, offered to give away,
transported, offered to transport, imported, or offered to
import,
with the intent or effect of facilitating an alien's application
for, or receipt of, a Federal benefit to which the alien is not
entitled, the penalties which may be imposed for each offense under
subsection (a) shall be two times the maximum fine, and 3 times the
maximum term of imprisonment, or both, that would otherwise be
imposed for an offense under subsection (a).
(c) For purposes of this section -
(1) the term ''Federal benefit'' means -
(A) the issuance of any grant, contract, loan, professional
license, or commercial license provided by any agency of the
United States or by appropriated funds of the United States;
and
(B) any retirement, welfare, Social Security, health
(including treatment of an emergency medical condition in
accordance with section 1903(v) of the Social Security Act (19
(FOOTNOTE 1) U.S.C. 1396b(v))), disability, veterans, public
housing, education, food stamps, or unemployment benefit, or
any similar benefit for which payments or assistance are
provided by an agency of the United States or by appropriated
funds of the United States; and
(FOOTNOTE 1) So in original. Probably should be ''42''.
(2) each instance of forgery, counterfeiting, mutilation, or
alteration shall constitute a separate offense under this
section.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 714; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
104-208, div. C, title V, Sec. 561, Sept. 30, 1996, 110 Stat.
3009-681.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 131 (June 15, 1917, ch.
30, title X, Sec. 2, 40 Stat. 228).
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary as such persons are made principals by
section 2 of this title.
In view of definitions of department and agency in section 6 of
this title, words ''department or agency'' in first paragraph were
substituted for ''executive department, or any bureau, commission,
or office''.
Provision for 10 years' imprisonment was reduced to 5 years to
conform to punishment provision in section 505 of this title,
covering an offense of like gravity.
Minor changes in phraseology were also made.
AMENDMENTS
1996 - Pub. L. 104-208 reenacted section catchline without change
and amended text generally. Prior to amendment, text read as
follows:
''Whoever falsely makes, forges, counterfeits, mutilates, or
alters the seal of any department or agency of the United States;
or
''Whoever knowingly uses, affixes, or impresses any such
fraudulently made, forged, counterfeited, mutilated, or altered
seal to or upon any certificate, instrument, commission, document,
or paper, of any description; or
''Whoever, with fraudulent intent, possesses any such seal,
knowing the same to have been so falsely made, forged,
counterfeited, mutilated, or altered -
''Shall be fined under this title or imprisoned not more than
five years, or both.''
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1717 of this title.
-CITE-
18 USC Sec. 507 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 507. Ship's papers
-STATUTE-
Whoever falsely makes, forges, counterfeits, or alters any
instrument in imitation of or purporting to be, an abstract or
official copy or certificate of the recording, registry, or
enrollment of any vessel, in the office of any collector of the
customs, or a license to any vessel for carrying on the coasting
trade or fisheries of the United States, or a certificate of
ownership, pass, or clearance, granted for any vessel, under the
authority of the United States, or a permit, debenture, or other
official document granted by any collector or other officer of the
customs by virtue of his office; or
Whoever utters, publishes, or passes, or attempts to utter,
publish, or pass, as true, any such false, forged, counterfeited,
or falsely altered instrument, abstract, official copy,
certificate, license, pass, clearance, permit, debenture, or other
official document herein specified, knowing the same to be false,
forged, counterfeited, or falsely altered, with an intent to
defraud -
Shall be fined under this title or imprisoned not more than three
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 714; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 129 (Mar. 4, 1909, ch.
321, Sec. 72, 35 Stat. 1101).
The words ''passport'' and ''sea letter'' were omitted as
obsolete, in view of the Presidential proclamation of April 10,
1815, discontinuing the use of such passports and sea letters.
Mandatory punishment provisions were rephrased in the
alternative.
Minor changes of phraseology were made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000''.
-TRANS-
TRANSFER OF FUNCTIONS
All offices of collector of customs, comptroller of customs,
surveyor of customs, and appraiser of merchandise in Bureau of
Customs of Department of the Treasury to which appointments were
required to be made by President with advice and consent of Senate
ordered abolished, with such offices to be terminated not later
than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25,
1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title
5, Government Organization and Employees. All functions of offices
eliminated were already vested in Secretary of the Treasury by
Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, set out in the Appendix to Title 5.
-CITE-
18 USC Sec. 508 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 508. Transportation requests of Government
-STATUTE-
Whoever falsely makes, forges, or counterfeits in whole or in
part, any form or request in similitude of the form or request
provided by the Government for requesting a common carrier to
furnish transportation on account of the United States or any
department or agency thereof, or knowingly alters any form or
request provided by the Government for requesting a common carrier
to furnish transportation on account of the United States or any
department or agency thereof; or
Whoever knowingly passes, utters, publishes, or sells, or
attempts to pass, utter, publish, or sell, any such false, forged,
counterfeited, or altered form or request -
Shall be fined under this title or imprisoned not more than ten
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 715; 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. 146 (Dec. 11, 1926, ch.
2, Sec. 1, 44 Stat. 917).
References to persons causing, procuring, aiding or assisting
were omitted as unnecessary as such persons are made principals by
section 2 of this title.
Also, in first paragraph, word ''agency'' was substituted for
''branch'', in view of definitions of department and agency in
section 6 of this title.
Words ''upon conviction'' in last paragraph were omitted as
surplusage since punishment cannot be imposed until a conviction is
secured.
Minor changes of phraseology were also made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3056 of this title; title
22 section 3622.
-CITE-
18 USC Sec. 509 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 509. Possessing and making plates or stones for Government
transportation requests
-STATUTE-
Whoever, except by lawful authority, controls, holds or possesses
any plate, stone, or other thing, or any part thereof, from which
has been printed or may be printed any form or request for
Government transportation, or uses such plate, stone, or other
thing, or knowingly permits or suffers the same to be used in
making any such form or request or any part of such a form or
request; or
Whoever makes or engraves any plate, stone, or thing, in the
likeness of any plate, stone, or thing designated for the printing
of the genuine issues of the form or request for Government
transportation; or
Whoever prints, photographs, or in any other manner makes,
executes, or sells any engraving, photograph, print, or impression
in the likeness of any genuine form or request for Government
transportation, or any part thereof; or
Whoever brings into the United States or any place subject to the
jurisdiction thereof, any plate, stone, or other thing, or
engraving, photograph, print, or other impression of the form or
request for Government transportation -
Shall be fined under this title or imprisoned not more than ten
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 715; 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. 147 (Dec. 11, 1926, ch.
2, Sec. 2, 44 Stat. 918).
References to persons causing, procuring, aiding or assisting
were omitted as unnecessary as such persons are made principals by
section 2 of this title.
Words ''upon conviction'' in last paragraph were omitted as
surplusage since punishment cannot be imposed until a conviction is
secured.
Minor changes in phraseology were also made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $5,000'' in last par.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3056 of this title.
-CITE-
18 USC Sec. 510 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 510. Forging endorsements on Treasury checks or bonds or
securities of the United States
-STATUTE-
(a) Whoever, with intent to defraud -
(1) falsely makes or forges any endorsement or signature on a
Treasury check or bond or security of the United States; or
(2) passes, utters, or publishes, or attempts to pass, utter,
or publish, any Treasury check or bond or security of the United
States bearing a falsely made or forged endorsement or signature;
shall be fined under this title or imprisoned not more than ten
years, or both.
(b) Whoever, with knowledge that such Treasury check or bond or
security of the United States is stolen or bears a falsely made or
forged endorsement or signature buys, sells, exchanges, receives,
delivers, retains, or conceals any such Treasury check or bond or
security of the United States shall be fined under this title or
imprisoned not more than ten years, or both.
(c) If the face value of the Treasury check or bond or security
of the United States or the aggregate face value, if more than one
Treasury check or bond or security of the United States, does not
exceed $1,000, in any of the above-mentioned offenses, the penalty
shall be a fine under this title or imprisonment for not more than
one year, or both.
-SOURCE-
(Added Pub. L. 98-151, Sec. 115(a), Nov. 14, 1983, 97 Stat. 976;
amended Pub. L. 101-647, title XXXV, Sec. 3514, Nov. 29, 1990, 104
Stat. 4923; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), (L),
Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec.
602(e), 606(b), Oct. 11, 1996, 110 Stat. 3503, 3511; Pub. L.
107-273, div. B, title IV, Sec. 4002(a)(1), Nov. 2, 2002, 116
Stat. 1806.)
-MISC1-
AMENDMENTS
2002 - Subsec. (c). Pub. L. 107-273 substituted ''fine under this
title'' for ''fine of under this title''.
1996 - Subsec. (b). Pub. L. 104-294, Sec. 602(e), struck out
''that in fact is stolen or bears a forged or falsely made
endorsement or signature'' after ''bond or security of the United
States''.
Subsec. (c). Pub. L. 104-294, Sec. 606(b), substituted ''$1,000''
for ''$500''.
1994 - Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(L),
substituted ''fined under this title'' for ''fined not more than
$10,000''.
Subsec. (c). Pub. L. 103-322, Sec. 330016(1)(H), substituted
''fined under this title'' for ''fined not more than $1,000''.
1990 - Subsec. (a). Pub. L. 101-647 inserted semicolon after ''or
signature'' in par. (2) and moved provisions beginning with ''shall
be fined'' flush with left margin.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 981, 982, 3056 of this
title.
-CITE-
18 USC Sec. 511 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 511. Altering or removing motor vehicle identification numbers
-STATUTE-
(a) A person who -
(1) knowingly removes, obliterates, tampers with, or alters an
identification number for a motor vehicle or motor vehicle part;
or
(2) with intent to further the theft of a motor vehicle,
knowingly removes, obliterates, tampers with, or alters a decal
or device affixed to a motor vehicle pursuant to the Motor
Vehicle Theft Prevention Act,
shall be fined under this title, imprisoned not more than 5 years,
or both.
(b)(1) Subsection (a) of this section does not apply to a
removal, obliteration, tampering, or alteration by a person
specified in paragraph (2) of this subsection (unless such person
knows that the vehicle or part involved is stolen).
(2) The persons referred to in paragraph (1) of this subsection
are -
(A) a motor vehicle scrap processor or a motor vehicle
demolisher who complies with applicable State law with respect to
such vehicle or part;
(B) a person who repairs such vehicle or part, if the removal,
obliteration, tampering, or alteration is reasonably necessary
for the repair;
(C) a person who restores or replaces an identification number
for such vehicle or part in accordance with applicable State law;
and
(D) a person who removes, obliterates, tampers with, or alters
a decal or device affixed to a motor vehicle pursuant to the
Motor Vehicle Theft Prevention Act, if that person is the owner
of the motor vehicle, or is authorized to remove, obliterate,
tamper with or alter the decal or device by -
(i) the owner or his authorized agent;
(ii) applicable State or local law; or
(iii) regulations promulgated by the Attorney General to
implement the Motor Vehicle Theft Prevention Act.
(c) As used in this section, the term -
(1) ''identification number'' means a number or symbol that is
inscribed or affixed for purposes of identification under chapter
301 and part C of subtitle VI of title 49;
(2) ''motor vehicle'' has the meaning given that term in
section 32101 of title 49;
(3) ''motor vehicle demolisher'' means a person, including any
motor vehicle dismantler or motor vehicle recycler, who is
engaged in the business of reducing motor vehicles or motor
vehicle parts to metallic scrap that is unsuitable for use as
either a motor vehicle or a motor vehicle part;
(4) ''motor vehicle scrap processor'' means a person -
(A) who is engaged in the business of purchasing motor
vehicles or motor vehicle parts for reduction to metallic scrap
for recycling;
(B) who, from a fixed location, uses machinery to process
metallic scrap into prepared grades; and
(C) whose principal product is metallic scrap for recycling;
but such term does not include any activity of any such person
relating to the recycling of a motor vehicle or a motor vehicle
part as a used motor vehicle or a used motor vehicle part.
(d) For purposes of subsection (a) of this section, the term
''tampers with'' includes covering a program decal or device
affixed to a motor vehicle pursuant to the Motor Vehicle Theft
Prevention Act for the purpose of obstructing its visibility.
-SOURCE-
(Added Pub. L. 98-547, title II, Sec. 201(a), Oct. 25, 1984, 98
Stat. 2768; amended Pub. L. 103-272, Sec. 5(e)(3), July 5, 1994,
108 Stat. 1373; Pub. L. 103-322, title XXII, Sec. 220003(a)-(c),
Sept. 13, 1994, 108 Stat. 2076, 2077; Pub. L. 104-294, title VI,
Sec. 604(b)(8), Oct. 11, 1996, 110 Stat. 3507.)
-REFTEXT-
REFERENCES IN TEXT
The Motor Vehicle Theft Prevention Act, referred to in subsecs.
(a)(2), (b)(2)(D), and (d), is title XXII of Pub. L. 103-322, Sept.
13, 1994, 108 Stat. 2074, which enacted section 511A of this title
and section 14171 of Title 42, The Public Health and Welfare,
amended this section, and enacted provisions set out as a note
under section 13701 of Title 42. For complete classification of
this Act to the Code, see Short Title note set out under section
13701 of Title 42 and Tables.
-COD-
CODIFICATION
Another section 511 was renumbered section 513 of this title.
-MISC3-
AMENDMENTS
1996 - Subsec. (b)(2)(D). Pub. L. 104-294 realigned margins.
1994 - Subsec. (a). Pub. L. 103-322, Sec. 220003(a), amended
subsec. (a) generally. Prior to amendment, subsec. (a) read as
follows: ''Whoever knowingly removes, obliterates, tampers with, or
alters an identification number for a motor vehicle, or motor
vehicle part, shall be fined not more than $10,000 or imprisoned
not more than five years, or both.''
Subsec. (b)(2)(D). Pub. L. 103-322, Sec. 220003(b), added subpar.
(D).
Subsec. (c)(1). Pub. L. 103-272, Sec. 5(e)(3)(A), substituted
''chapter 301 and part C of subtitle VI of title 49'' for ''the
National Traffic and Motor Vehicle Safety Act of 1966, or the Motor
Vehicle Information and Cost Savings Act''.
Subsec. (c)(2). Pub. L. 103-272, Sec. 5(e)(3)(B), substituted
''section 32101 of title 49'' for ''section 2 of the Motor Vehicle
Information and Cost Savings Act''.
Subsec. (d). Pub. L. 103-322, Sec. 220003(c), added subsec. (d).
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 512, 553, 981, 982, 2321
of this title; title 49 section 33107.
-CITE-
18 USC Sec. 511A 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 511A. Unauthorized application of theft prevention decal or
device
-STATUTE-
(a) Whoever affixes to a motor vehicle a theft prevention decal
or other device, or a replica thereof, unless authorized to do so
pursuant to the Motor Vehicle Theft Prevention Act, shall be
punished by a fine not to exceed $1,000.
(b) For purposes of this section, the term ''theft prevention
decal or device'' means a decal or other device designed in
accordance with a uniform design for such devices developed
pursuant to the Motor Vehicle Theft Prevention Act.
-SOURCE-
(Added Pub. L. 103-322, title XXII, Sec. 220003(d)(1), Sept. 13,
1994, 108 Stat. 2077.)
-REFTEXT-
REFERENCES IN TEXT
The Motor Vehicle Theft Prevention Act, referred to in text, is
title XXII of Pub. L. 103-322, Sept. 13, 1994, 108 Stat. 2074,
which enacted this section and section 14171 of Title 42, The
Public Health and Welfare, amended section 511 of this title, and
enacted provisions set out as a note under section 13701 of Title
42. For complete classification of this Act to the Code, see Short
Title note set out under section 13701 of Title 42 and Tables.
-CITE-
18 USC Sec. 512 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 512. Forfeiture of certain motor vehicles and motor vehicle
parts
-STATUTE-
(a) If an identification number for a motor vehicle or motor
vehicle part is removed, obliterated, tampered with, or altered,
such vehicle or part shall be subject to seizure and forfeiture to
the United States unless -
(1) in the case of a motor vehicle part, such part is attached
to a motor vehicle and the owner of such motor vehicle does not
know that the identification number has been removed,
obliterated, tampered with, or altered;
(2) such motor vehicle or part has a replacement identification
number that -
(A) is authorized by the Secretary of Transportation under
chapter 301 of title 49; or
(B) conforms to applicable State law;
(3) such removal, obliteration, tampering, or alteration is
caused by collision or fire or is carried out as described in
section 511(b) of this title; or
(4) such motor vehicle or part is in the possession or control
of a motor vehicle scrap processor who does not know that such
identification number was removed, obliterated, tampered with, or
altered in any manner other than by collision or fire or as
described in section 511(b) of this title.
(b) All provisions of law relating to -
(1) the seizure and condemnation of vessels, vehicles,
merchandise, and baggage for violation of customs laws, and
procedures for summary and judicial forfeiture applicable to such
violations;
(2) the disposition of such vessels, vehicles, merchandise, and
baggage or the proceeds from such disposition;
(3) the remission or mitigation of such forfeiture; and
(4) the compromise of claims and the award of compensation to
informers with respect to such forfeiture;
shall apply to seizures and forfeitures under this section, to the
extent that such provisions are not inconsistent with this
section. The duties of the collector of customs or any other
person with respect to seizure and forfeiture under such provisions
shall be performed under this section by such persons as may be
designated by the Attorney General.
(c) As used in this section, the terms ''identification number'',
''motor vehicle'', and ''motor vehicle scrap processor'' have the
meanings given those terms in section 511 of this title.
-SOURCE-
(Added Pub. L. 98-547, title II, Sec. 201(a), Oct. 25, 1984, 98
Stat. 2769; amended Pub. L. 103-272, Sec. 5(e)(4), July 5, 1994,
108 Stat. 1373.)
-REFTEXT-
REFERENCES IN TEXT
The customs laws, referred to in subsec. (b)(1), are classified
generally to Title 19, Customs Duties.
-MISC2-
AMENDMENTS
1994 - Subsec. (a)(2)(A). Pub. L. 103-272 substituted ''chapter
301 title 49'' for ''the National Traffic and Motor Vehicle Safety
Act of 1966''.
-CITE-
18 USC Sec. 513 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 513. Securities of the States and private entities
-STATUTE-
(a) Whoever makes, utters or possesses a counterfeited security
of a State or a political subdivision thereof or of an
organization, or whoever makes, utters or possesses a forged
security of a State or political subdivision thereof or of an
organization, with intent to deceive another person, organization,
or government shall be fined under this title (FOOTNOTE 1) or
imprisoned for not more than ten years, or both.
(FOOTNOTE 1) See 1994 Amendment note below.
(b) Whoever makes, receives, possesses, sells or otherwise
transfers an implement designed for or particularly suited for
making a counterfeit or forged security with the intent that it be
so used shall be punished by a fine under this title or by
imprisonment for not more than ten years, or both.
(c) For purposes of this section -
(1) the term ''counterfeited'' means a document that purports
to be genuine but is not, because it has been falsely made or
manufactured in its entirety;
(2) the term ''forged'' means a document that purports to be
genuine but is not because it has been falsely altered,
completed, signed, or endorsed, or contains a false addition
thereto or insertion therein, or is a combination of parts of two
or more genuine documents;
(3) the term ''security'' means -
(A) a note, stock certificate, treasury stock certificate,
bond, treasury bond, debenture, certificate of deposit,
interest coupon, bill, check, draft, warrant, debit instrument
as defined in section 916(c) of the Electronic Fund Transfer
Act, money order, traveler's check, letter of credit, warehouse
receipt, negotiable bill of lading, evidence of indebtedness,
certificate of interest in or participation in any
profit-sharing agreement, collateral-trust certificate,
pre-reorganization certificate of subscription, transferable
share, investment contract, voting trust certificate, or
certificate of interest in tangible or intangible property;
(B) an instrument evidencing ownership of goods, wares, or
merchandise;
(C) any other written instrument commonly known as a
security;
(D) a certificate of interest in, certificate of
participation in, certificate for, receipt for, or warrant or
option or other right to subscribe to or purchase, any of the
foregoing; or
(E) a blank form of any of the foregoing;
(4) the term ''organization'' means a legal entity, other than
a government, established or organized for any purpose, and
includes a corporation, company, association, firm, partnership,
joint stock company, foundation, institution, society, union, or
any other association of persons which operates in or the
activities of which affect interstate or foreign commerce; and
(5) the term ''State'' includes a State of the United States,
the District of Columbia, Puerto Rico, Guam, the Virgin Islands,
and any other territory or possession of the United States.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1105(a), Oct. 12, 1984, 98
Stat. 2144, Sec. 511; renumbered Sec. 513, Pub. L. 99-646, Sec.
31(a), Nov. 10, 1986, 100 Stat. 3598; amended Pub. L. 101-647,
title XXXV, Sec. 3515, Nov. 29, 1990, 104 Stat. 4923; Pub. L.
103-322, title XXXIII, Sec. 330008(1), 330016(2)(C), Sept. 13,
1994, 108 Stat. 2142, 2148.)
-REFTEXT-
REFERENCES IN TEXT
Section 916(c) of the Electronic Fund Transfer Act, referred to
in par. (3)(A), is classified to section 1693n(c) of Title 15,
Commerce and Trade.
-MISC2-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(2)(C), which
directed the amendment of this section by substituting ''under this
title'' for ''of not more than $250,000'', was executed by making
the substitution for ''not more than $250,000'', to reflect the
probable intent of Congress.
Subsec. (b). Pub. L. 103-322, Sec. 330016(2)(C), substituted
''fine under this title'' for ''fine of not more than $250,000''.
Subsec. (c)(4). Pub. L. 103-322, Sec. 330008(1), substituted
''association of persons'' for ''association or persons''.
1990 - Subsec. (c)(3)(A). Pub. L. 101-647 struck out ''(15 U.S.C.
1693(c))'' after ''Electronic Fund Transfer Act'' and inserted
comma after ''profit-sharing agreement''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 514, 1956 of this title.
-CITE-
18 USC Sec. 514 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
-HEAD-
Sec. 514. Fictitious obligations
-STATUTE-
(a) Whoever, with the intent to defraud -
(1) draws, prints, processes, produces, publishes, or otherwise
makes, or attempts or causes the same, within the United States;
(2) passes, utters, presents, offers, brokers, issues, sells,
or attempts or causes the same, or with like intent possesses,
within the United States; or
(3) utilizes interstate or foreign commerce, including the use
of the mails or wire, radio, or other electronic communication,
to transmit, transport, ship, move, transfer, or attempts or
causes the same, to, from, or through the United States,
any false or fictitious instrument, document, or other item
appearing, representing, purporting, or contriving through scheme
or artifice, to be an actual security or other financial instrument
issued under the authority of the United States, a foreign
government, a State or other political subdivision of the United
States, or an organization, shall be guilty of a class B felony.
(b) For purposes of this section, any term used in this section
that is defined in section 513(c) has the same meaning given such
term in section 513(c).
(c) The United States Secret Service, in addition to any other
agency having such authority, shall have authority to investigate
offenses under this section.
-SOURCE-
(Added Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI,
Sec. 648(b)(1)), title II, Sec. 2603(b)(1), Sept. 30, 1996, 110
Stat. 3009-314, 3009-367, 3009-470.)
-COD-
CODIFICATION
Sections 101(f) (title VI, Sec. 648(b)(1)) and 2603(b)(1) of
div. A of Pub. L. 104-208 added identical sections 514.
-MISC3-
EFFECTIVE DATE
Section effective Sept. 30, 1996, and to remain in effect for
each fiscal year following Sept. 30, 1996, see section 101(f)
(title VI, Sec. 648(c)) of Pub. L. 104-208, set out as an Effective
Date of 1996 Amendment note under section 474 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of the functions, personnel, assets, and obligations
of the United States Secret Service, including the functions of the
Secretary of the Treasury relating thereto, to the Secretary of
Homeland Security, and for treatment of related references, see
sections 381, 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.
-CITE-
Descargar
| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.