-CITE-

18 USC CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

.

-HEAD-

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-MISC1-

Sec.

700. Desecration of the flag of the United States; penalties.

701. Official badges, identification cards, other insignia.

702. Uniform of armed forces and Public Health Service.

703. Uniform of friendly nation.

704. Military medals or decorations.

705. Badge or medal of veterans' organizations.

706. Red Cross.

707. 4-H Club emblem fraudulently used. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

708. Swiss Confederation coat of arms.

709. False advertising or misuse of names to indicate Federal

agency.

710. Cremation urns for military use.

711. ''Smokey Bear'' character or name.

711a. ''Woodsy Owl'' character, name, or slogan.

712. Misuse of names, words, emblems, or insignia.

713. Use of likenesses of the great seal of the United States, the

seals of the President and Vice President, the seal of the United

States Senate, the seal of the United States House of

Representatives, and the seal of the United States Congress.

(714. Repealed.)

715. ''The Golden Eagle Insignia''.

716. Police badges.

AMENDMENTS

2000 - Pub. L. 106-547, Sec. 3(b), Dec. 19, 2000, 114 Stat. 2740,

added item 716.

1997 - Pub. L. 105-55, title III, Sec. 308(e), Oct. 7, 1997, 111

Stat. 1198, substituted ''Use of likenesses of the great seal of

the United States, the seals of the President and Vice President,

the seal of the United States Senate, the seal of the United States

House of Representatives, and the seal of the United States

Congress'' for ''Use of likenesses of the great seal of the United

States, the seals of the President and Vice President, and the seal

of the United States Senate'' in item 713.

1991 - Pub. L. 102-229, title II, Sec. 210(e), Dec. 12, 1991, 105

Stat. 1717, substituted ''Use of likenesses of the great seal of

the United States, the seals of the President and Vice President,

and the seal of the United States Senate.'' for ''Use of likenesses

of the great seal of the United States, and of the seals of the

President and Vice President.'' in item 713.

1990 - Pub. L. 101-647, title XXXV, Sec. 3518, Nov. 29, 1990, 104

Stat. 4923, inserted a comma after ''INSIGNIA'' in chapter heading.

1982 - Pub. L. 97-258, Sec. 2(d)(1)(A), Sept. 13, 1982, 96 Stat.

1058, struck out item 714 relating to ''Johnny Horizon'' character

or name.

1974 - Pub. L. 93-318, Sec. 8, June 22, 1974, 88 Stat. 245, added

item 711a.

1973 - Pub. L. 93-147, Sec. 1(b), Nov. 3, 1973, 87 Stat. 555,

substituted ''Misuse of names, words, emblems, or insignia'' for

''Misuse of names by collecting agencies to indicate Federal

agency'' in item 712.

1972 - Pub. L. 92-347, Sec. 3(c), July 11, 1972, 86 Stat. 462,

added item 715.

1971 - Pub. L. 91-651, Sec. 2, Jan. 5, 1971, 84 Stat. 1941,

inserted '', and of the seals of the President and Vice President''

after ''United States'' in item 713.

1970 - Pub. L. 91-419, Sec. 4, Sept. 25, 1970, 84 Stat. 871,

added item 714.

1968 - Pub. L. 90-381, Sec. 2, July 5, 1968, 82 Stat. 291, added

item 700.

1966 - Pub. L. 89-807, Sec. 1(b), Nov. 11, 1966, 80 Stat. 1525,

added item 713.

1959 - Pub. L. 86-291, Sec. 3, Sept. 21, 1959, 73 Stat. 570,

added item 712.

1952 - Act May 23, 1952, ch. 327, Sec. 2, 66 Stat. 92, added item

711.

1950 - Act Sept. 28, 1950, ch. 1092, Sec. 1(a), 64 Stat. 1077,

added item 710.

1949 - Act May 24, 1949, ch. 139, Sec. 14, 63 Stat. 91, inserted

''Uniform of armed forces and Public Health Service'' in lieu of

enumerating the specific branches in item 702.

-CITE-

18 USC Sec. 700 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 700. Desecration of the flag of the United States; penalties

-STATUTE-

(a)(1) Whoever knowingly mutilates, defaces, physically defiles,

burns, maintains on the floor or ground, or tramples upon any flag

of the United States shall be fined under this title or imprisoned

for not more than one year, or both.

(2) This subsection does not prohibit any conduct consisting of

the disposal of a flag when it has become worn or soiled.

(b) As used in this section, the term ''flag of the United

States'' means any flag of the United States, or any part thereof,

made of any substance, of any size, in a form that is commonly

displayed.

(c) Nothing in this section shall be construed as indicating an

intent on the part of Congress to deprive any State, territory,

possession, or the Commonwealth of Puerto Rico of jurisdiction over

any offense over which it would have jurisdiction in the absence of

this section.

(d)(1) An appeal may be taken directly to the Supreme Court of

the United States from any interlocutory or final judgment, decree,

or order issued by a United States district court ruling upon the

constitutionality of subsection (a).

(2) The Supreme Court shall, if it has not previously ruled on

the question, accept jurisdiction over the appeal and advance on

the docket and expedite to the greatest extent possible.

-SOURCE-

(Added Pub. L. 90-381, Sec. 1, July 5, 1968, 82 Stat. 291; amended

Pub. L. 101-131, Sec. 2, 3, Oct. 28, 1989, 103 Stat. 777.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-131, Sec. 2(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

''Whoever knowingly casts contempt upon any flag of the United

States by publicly mutilating, defacing, defiling, burning, or

trampling upon it shall be fined not more than $1,000 or imprisoned

for not more than one year, or both.''

Subsec. (b). Pub. L. 101-131, Sec. 2(b), amended subsec. (b)

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

term 'flag of the United States' as used in this section, shall

include any flag, standard colors, ensign, or any picture or

representation of either, or of any part or parts of either, made

of any substance or represented on any substance, of any size

evidently purporting to be either of said flag, standard, color, or

ensign of the United States of America, or a picture or a

representation of either, upon which shall be shown the colors, the

stars and the stripes, in any number of either thereof, or of any

part or parts of either, by which the average person seeing the

same without deliberation may believe the same to represent the

flag, standards, colors, or ensign of the United States of

America.''

Subsec. (d). Pub. L. 101-131, Sec. 3, added subsec. (d).

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-547, Sec. 1, Dec. 19, 2000, 114 Stat. 2738, provided

that: ''This Act (enacting sections 716 and 1036 of this title) may

be cited as the 'Enhanced Federal Security Act of 2000'.''

SHORT TITLE OF 1989 AMENDMENT

Section 1 of Pub. L. 101-131 provided that: ''This Act (amending

this section) may be cited as the 'Flag Protection Act of 1989'.''

-CITE-

18 USC Sec. 701 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 701. Official badges, identification cards, other insignia

-STATUTE-

Whoever manufactures, sells, or possesses any badge,

identification card, or other insignia, of the design prescribed by

the head of any department or agency of the United States for use

by any officer or employee thereof, or any colorable imitation

thereof, or photographs, prints, or in any other manner makes or

executes any engraving, photograph, print, or impression in the

likeness of any such badge, identification card, or other insignia,

or any colorable imitation thereof, except as authorized under

regulations made pursuant to law, shall be fined under this title

or imprisoned not more than six months, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 731; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 76a, 76b (June 29,

1932, ch. 306, Sec. 1, 2, 47 Stat. 342; May 22, 1939, ch. 141, 53

Stat. 752).

Sections were consolidated.

The term ''department or agency'' was substituted for

''department or independent office'' in two places to embrace all

properly constituted agencies as defined in section 6 of this title

and to eliminate any possible ambiguity as to scope of section.

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $250''.

-CITE-

18 USC Sec. 702 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 702. Uniform of armed forces and Public Health Service

-STATUTE-

Whoever, in any place within the jurisdiction of the United

States or in the Canal Zone, without authority, wears the uniform

or a distinctive part thereof or anything similar to a distinctive

part of the uniform of any of the armed forces of the United

States, Public Health Service or any auxiliary of such, shall be

fined under this title or imprisoned not more than six months, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, Sec.

15(a), 63 Stat. 91; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on section 1393 of title 10, U.S.C., 1940 ed., Army and Air

Force, and section 228 of title 42, U.S.C., 1940 ed., The Public

Health and Welfare (June 3, 1916, ch. 134, Sec. 125, 39 Stat. 216

(2d paragraph); July 1, 1944, ch. 373, Sec. 510, 58 Stat. 711).

''Auxiliary of such'' was inserted to extend protection to the

uniforms of any auxiliary corps that may be established.

Fine of ''$250'' was substituted for ''$300'' as being more

consonant with the penalties provided for similar offenses in this

chapter.

Minor changes of phraseology also were made.

1949 ACT

This section (section 15) inserts ''armed forces'' in the catch

line and text of section 702 of title 18, U.S.C., and thereby

includes the Air Force which was formerly part of the Army. (See

note to sec. 5 (of 1949 Act, set out in Legislative History note

under section 244 of title 18)). Also, it incorporates in such

section the provisions of act of April 15, 1948 (ch. 188, 62 Stat.

172), which relates to this section as well as to section 1393 of

title 10, U.S.C. (one of the sources of such sec. 701), as it

existed at the time of the enactment of the revision of title 18

and which was not incorporated in title 18 when the revision was

enacted. In this connection specific reference to the Canal Zone,

Guam, American Samoa, and the Virgin Islands, as contained in such

act of April 15, 1948, were omitted as covered by the phrase, ''in

any place within the jurisdiction of the United States,'' as used

in this amendment of such section 702 of title 18, U.S.C.

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section

3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC2-

AMENDMENTS

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

''fined not more than $250''.

1949 - Act May 24, 1949, inserted ''armed forces'' in lieu of

enumerating specific branches in section catchline and text, and

inserted ''in any place within the jurisdiction of the United

States or in the Canal Zone''.

-TRANS-

TRANSFER OF FUNCTIONS

Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by Pub. L. 96-88, title V,

Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to

section 3508(b) of Title 20, Education.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

18 USC Sec. 703 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 703. Uniform of friendly nation

-STATUTE-

Whoever, within the jurisdiction of the United States, with

intent to deceive or mislead, wears any naval, military, police, or

other official uniform, decoration, or regalia of any foreign

state, nation, or government with which the United States is at

peace, or anything so nearly resembling the same as to be

calculated to deceive, shall be fined under this title or

imprisoned not more than six months, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 732; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 246 of title 22, U.S.C., 1940 ed., Foreign

Relations and Intercourse (July 8, 1918, ch. 138, 40 Stat. 821).

Words ''upon conviction'' were deleted as surplusage, since

punishment cannot be imposed until a conviction is secured.

Reference to territories or places subject to jurisdiction of the

United States was omitted in view of section 5 of this title

defining the term ''United States.''

Fine of ''$250'' was substituted for ''$300'' as being more

consonant with the penalties provided for similar offenses in this

chapter.

Words ''unless such wearing thereof be authorized by such state,

nation, or government'' were deleted as unnecessary and undesirable

since it is unthinkable that a friendly power would authorize such

deceit.

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $250''.

-CITE-

18 USC Sec. 704 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 704. Military medals or decorations

-STATUTE-

(a) In General. - Whoever knowingly wears, manufactures, or sells

any decoration or medal authorized by Congress for the armed forces

of the United States, or any of the service medals or badges

awarded to the members of such forces, or the ribbon, button, or

rosette of any such badge, decoration or medal, or any colorable

imitation thereof, except when authorized under regulations made

pursuant to law, shall be fined under this title or imprisoned not

more than six months, or both.

(b) Congressional Medal of Honor. -

(1) In general. - If a decoration or medal involved in an

offense under subsection (a) is a Congressional Medal of Honor,

in lieu of the punishment provided in that subsection, the

offender shall be fined under this title, imprisoned not more

than 1 year, or both.

(2) Definitions. - (A) As used in subsection (a) with respect

to a Congressional Medal of Honor, ''sells'' includes trades,

barters, or exchanges for anything of value.

(B) As used in this subsection, ''Congressional Medal of

Honor'' means -

(i) a medal of honor awarded under section 3741, 6241, or

8741 of title 10 or section 491 of title 14;

(ii) a duplicate medal of honor issued under section 3754,

6256, or 8754 of title 10 or section 504 of title 14; or

(iii) a replacement of a medal of honor provided under

section 3747, 6253, or 8747 of title 10 or section 501 of title

14.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, Sec.

16, 63 Stat. 92; Pub. L. 103-322, title XXXII, Sec. 320109, title

XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2113, 2146;

Pub. L. 103-442, Nov. 2, 1994, 108 Stat. 4630; Pub. L. 104-294,

title VI, Sec. 604(b)(16), Oct. 11, 1996, 110 Stat. 3507; Pub. L.

107-107, div. A, title V, Sec. 553(e), Dec. 28, 2001, 115 Stat.

1117.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on section 1425 of title 10, U.S.C., 1940 ed., Army and Air

Force (Feb. 24, 1923, ch. 110, 42 Stat. 1286; Apr. 21, 1928, ch.

392, 45 Stat. 437).

Section was made to cover the decorations and medals of the Navy

Department as well as the War Department.

Minor changes were made in phraseology.

1949 ACT

This section (section 16) clarifies the wording of section 704 of

title 18, U.S.C., to embrace all service decorations awarded to

members of the armed forces whether by the Army, Navy, Air Force,

or other branch of such forces. (See note to sec. 5 (of 1949 Act,

set out in Legislative History note under section 244 of title

18)).

AMENDMENTS

2001 - Subsec. (b)(2)(B). Pub. L. 107-107 amended subpar. (B)

generally. Prior to amendment, subpar. (B) read as follows: ''As

used in this subsection, 'Congressional Medal of Honor' means a

medal awarded under section 3741, 6241, or 8741 of title 10.''

1996 - Subsec. (a). Pub. L. 104-294 amended Pub. L. 103-322, Sec.

320109(1). See 1994 Amendment note below.

1994 - Subsec. (a). Pub. L. 103-322, Sec. 320109(2),

330016(1)(E), amended subsec. (a) identically, substituting ''fined

under this title'' for ''fined not more than $250''.

Pub. L. 103-322, Sec. 320109(1), as amended by Pub. L. 104-294,

Sec. 604(b)(16), designated existing provisions as subsec. (a) and

inserted heading.

Subsec. (b). Pub. L. 103-322, Sec. 320109(3), added subsec. (b).

Subsec. (b)(2)(B). Pub. L. 103-442 inserted '', 6241, or 8741''

after ''3741''.

1949 - Act May 24, 1949, covered all service decorations awarded

members of the armed forces by any of the armed services.

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.

-CITE-

18 USC Sec. 705 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 705. Badge or medal of veterans' organizations

-STATUTE-

Whoever knowingly manufactures, reproduces, sells or purchases

for resale, either separately or on or appended to, any article of

merchandise manufactured or sold, any badge, medal, emblem, or

other insignia or any colorable imitation thereof, of any veterans'

organization incorporated by enactment of Congress, or of any

organization formally recognized by any such veterans' organization

as an auxiliary of such veterans' organization, or knowingly

prints, lithographs, engraves or otherwise reproduces on any

poster, circular, periodical, magazine, newspaper, or other

publication, or circulates or distributes any such printed matter

bearing a reproduction of such badge, medal, emblem, or other

insignia or any colorable imitation thereof, except when authorized

under rules and regulations prescribed by any such organization,

shall be fined under this title or imprisoned not more than six

months, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 732; Aug. 4, 1950, ch. 578, 64

Stat. 413; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept.

13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 76e (June 25, 1940, ch.

426, 54 Stat. 571).

Words beginning the section are from the punishment provision of

last sentence which was itself rewritten without surplusage.

Changes were made in phraseology.

AMENDMENTS

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

''fined not more than $250''.

1950 - Act Aug. 4, 1950, brought within the protection of this

section emblems, badges, or insignia of auxiliary organizations of

veteran's organizations incorporated by an act of Congress.

-CITE-

18 USC Sec. 706 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 706. Red Cross

-STATUTE-

Whoever wears or displays the sign of the Red Cross or any

insignia colored in imitation thereof for the fraudulent purpose of

inducing the belief that he is a member of or an agent for the

American National Red Cross; or

Whoever, whether a corporation, association or person, other than

the American National Red Cross and its duly authorized employees

and agents and the sanitary and hospital authorities of the armed

forces of the United States, uses the emblem of the Greek red cross

on a white ground, or any sign or insignia made or colored in

imitation thereof or the words ''Red Cross'' or ''Geneva Cross'' or

any combination of these words -

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

months, or both.

This section shall not make unlawful the use of any such emblem,

sign, insignia or words which was lawful on the date of enactment

of this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, Sec.

17, 63 Stat. 92; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E),

Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on section 4 of title 36, Patriotic Societies and

Observances (Jan. 5, 1905, ch. 23, Sec. 4, 33 Stat. 600; June 23,

1910, ch. 372, Sec. 1, 36 Stat. 604).

False personation provision in first part of section was omitted

here and incorporated in section 917 of this title.

Words of punishment ''$250'' and ''six months'' were substituted

for ''$500'' and ''one year'' respectively as more consonant with

penalties provided for similar offenses in this chapter. (See

sections 701, 704, 705 of this title.)

Punishment provisions were also changed to omit reference to

''misdemeanor'' in view of definitive section 1 of this title.

Words ''upon conviction thereof'' were omitted as surplusage,

because punishment can only be imposed after conviction.

Changes were made in phraseology.

1949 ACT

This section (section 17) clarifies the wording of section 706 of

title 18, U.S.C., to embrace all service sanitary units whether

belonging to the Army, Navy, Air Force, or other branches of the

Armed services. (See note to sec. 5 (of 1949 Act, set out in

Legislative History note under section 244 of title 18)).

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this title, referred to in text, means

June 25, 1948.

-MISC2-

AMENDMENTS

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

''fined not more than $250'' in third par.

1949 - Act May 24, 1949, included all service sanitary units.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 1125.

-CITE-

18 USC Sec. 707 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 707. 4-H club emblem fraudulently used

-STATUTE-

Whoever, with intent to defraud, wears or displays the sign or

emblem of the 4-H clubs, consisting of a green four-leaf clover

with stem, and the letter H in white or gold on each leaflet, or

any insignia in colorable imitation thereof, for the purpose of

inducing the belief that he is a member of, associated with, or an

agent or representative for the 4-H clubs; or

Whoever, whether an individual, partnership, corporation or

association, other than the 4-H clubs and those duly authorized by

them, the representatives of the United States Department of

Agriculture, the land grant colleges, and persons authorized by the

Secretary of Agriculture, uses, within the United States, such

emblem or any sign, insignia, or symbol in colorable imitation

thereof, or the words ''4-H Club'' or ''4-H Clubs'' or any

combination of these or other words or characters in colorable

imitation thereof -

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

months, or both.

This section shall not make unlawful the use of any such emblem,

sign, insignia or words which was lawful on the date of enactment

of this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 733; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 76c and 76d (June 5,

1939, ch. 184, Sec. 1, 2, 53 Stat. 809).

The first provision of section 76c of title 18, U.S.C., 1940 ed.,

relating to fraudulently pretending to be a member of a 4-H Club

was incorporated in section 916 of this title.

The language describing the emblem was transposed.

Unnecessary words were omitted from punishment provision, and

''$250'' was substituted for ''$300'' to make the punishment

consonant with the penalties provided for similar offenses. (See

sections 701, 704, 705 of this title for similar offenses.)

The language of section 76d of title 18, U.S.C., 1940 ed., was

rephrased and inserted after ''whoever,'' in the second paragraph.

Minor changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this title, referred to in text, means

June 25, 1948.

-MISC2-

AMENDMENTS

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

''fined not more than $250'' in third par.

-CITE-

18 USC Sec. 708 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 708. Swiss Confederation coat of arms

-STATUTE-

Whoever, whether a corporation, partnership, unincorporated

company, association, or person within the United States, willfully

uses as a trade mark, commercial label, or portion thereof, or as

an advertisement or insignia for any business or organization or

for any trade or commercial purpose, the coat of arms of the Swiss

Confederation, consisting of an upright white cross with equal arms

and lines on a red ground, or any simulation thereof, shall be

fined under this title or imprisoned not more than six months, or

both.

This section shall not make unlawful the use of any such design

or insignia which was lawful on August 31, 1948.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 733; Oct. 31, 1951, ch. 655, Sec.

21a, 65 Stat. 719; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 248 of title 22, U.S.C., 1940 ed., Foreign

Relations and Intercourse (June 20, 1936, ch. 635, Sec. 1, 2, 49

Stat. 1557).

Reference to ''jurisdiction'' of the United States was omitted as

unnecessary in view of definition of ''United States'' in section 5

of this title.

Words of punishment ''$250'' and ''six months'' were substituted

for ''$500'' and ''one year'' respectively, as more consonant with

penalties for similar offenses in this chapter. (See sections 701,

704, 705 of this title.)

Punishment provision was also changed to omit reference to

''misdemeanor'' in view of definitive section 1 of this title.

Words ''upon conviction'' were omitted as surplusage, because

punishment can only be imposed after conviction.

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $250'' in first par.

1951 - Act Oct. 31, 1951, added second par.

-CITE-

18 USC Sec. 709 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 709. False advertising or misuse of names to indicate Federal

agency

-STATUTE-

Whoever, except as permitted by the laws of the United States,

uses the words ''national'', ''Federal'', ''United States'',

''reserve'', or ''Deposit Insurance'' as part of the business or

firm name of a person, corporation, partnership, business trust,

association or other business entity engaged in the banking, loan,

building and loan, brokerage, factorage, insurance, indemnity,

savings or trust business; or

Whoever falsely advertises or represents, or publishes or

displays any sign, symbol or advertisement reasonably calculated to

convey the impression that a nonmember bank, banking association,

firm or partnership is a member of the Federal reserve system; or

Whoever, except as expressly authorized by Federal law, uses the

words ''Federal Deposit'', ''Federal Deposit Insurance'', or

''Federal Deposit Insurance Corporation'' or a combination of any

three of these words, as the name or a part thereof under which he

or it does business, or advertises or otherwise represents falsely

by any device whatsoever that his or its deposit liabilities,

obligations, certificates, or shares are insured or guaranteed by

the Federal Deposit Insurance Corporation, or by the United States

or by any instrumentality thereof, or whoever advertises that his

or its deposits, shares, or accounts are federally insured, or

falsely advertises or otherwise represents by any device whatsoever

the extent to which or the manner in which the deposit liabilities

of an insured bank or banks are insured by the Federal Deposit

Insurance Corporation; or

Whoever, other than a bona fide organization or association of

Federal or State credit unions or except as permitted by the laws

of the United States, uses as a firm or business name or transacts

business using the words ''National Credit Union'', ''National

Credit Union Administration'', ''National Credit Union Board'',

''National Credit Union Share Insurance Fund'', ''Share

Insurance'', or ''Central Liquidity Facility'', or the letters

''NCUA'', ''NCUSIF'', or ''CLF'', or any other combination or

variation of those words or letters alone or with other words or

letters, or any device or symbol or other means, reasonably

calculated to convey the false impression that such name or

business has some connection with, or authorization from, the

National Credit Union Administration, the Government of the United

States, or any agency thereof, which does not in fact exist, or

falsely advertises or otherwise represents by any device whatsoever

that his or its business, product, or service has been in any way

endorsed, authorized, or approved by the National Credit Union

Administration, the Government of the United States, or any agency

thereof, or falsely advertises or otherwise represents by any

device whatsoever that his or its deposit liabilities, obligations,

certificates, shares, or accounts are insured under the Federal

Credit Union Act or by the United States or any instrumentality

thereof, or being an insured credit union as defined in that Act

falsely advertises or otherwise represents by any device whatsoever

the extent to which or the manner in which share holdings in such

credit union are insured under such Act; or

Whoever, not being organized under chapter 7 of Title 12,

advertises or represents that it makes Federal Farm loans or

advertises or offers for sale as Federal Farm loan bonds any bond

not issued under chapter 7 of Title 12, or uses the word

''Federal'' or the words ''United States'' or any other words

implying Government ownership, obligation or supervision in

advertising or offering for sale any bond, note, mortgage or other

security not issued by the Government of the United States under

the provisions of said chapter 7 or some other Act of Congress; or

Whoever uses the words ''Federal Home Loan Bank'' or any

combination or variation of these words alone or with other words

as a business name or part of a business name, or falsely

publishes, advertises or represents by any device or symbol or

other means reasonably calculated to convey the impression that he

or it is a Federal Home Loan Bank or member of or subscriber for

the stock of a Federal Home Loan Bank; or

Whoever uses the words ''Federal intermediate credit bank'' as

part of the business or firm name for any person, corporation,

partnership, business trust, association or other business entity

not organized as an intermediate credit bank under the laws of the

United States; or

Whoever uses as a firm or business name the words ''Department of

Housing and Urban Development'', ''Housing and Home Finance

Agency'', ''Federal Housing Administration'', ''Government National

Mortgage Association'', ''United States Housing Authority'', or

''Public Housing Administration'' or the letters ''HUD'', ''FHA'',

''PHA'', or ''USHA'', or any combination or variation of those

words or the letters ''HUD'', ''FHA'', ''PHA'', or ''USHA'' alone

or with other words or letters reasonably calculated to convey the

false impression that such name or business has some connection

with, or authorization from, the Department of Housing and Urban

Development, the Housing and Home Finance Agency, the Federal

Housing Administration, the Government National Mortgage

Association, the United States Housing Authority, the Public

Housing Administration, the Government of the United States, or any

agency thereof, which does not in fact exist, or falsely claims

that any repair, improvement, or alteration of any existing

structure is required or recommended by the Department of Housing

and Urban Development, the Housing and Home Finance Agency, the

Federal Housing Administration, the Government National Mortgage

Association, the United States Housing Authority, the Public

Housing Administration, the Government of the United States, or any

agency thereof, for the purpose of inducing any person to enter

into a contract for the making of such repairs, alterations, or

improvements, or falsely advertises or falsely represents by any

device whatsoever that any housing unit, project, business, or

product has been in any way endorsed, authorized, inspected,

appraised, or approved by the Department of Housing and Urban

Development, the Housing and Home Finance Agency, the Federal

Housing Administration, the Government National Mortgage

Association, the United States Housing Authority, the Public

Housing Administration, the Government of the United States, or any

agency thereof; or

Whoever, except with the written permission of the Director of

the Federal Bureau of Investigation, knowingly uses the words

''Federal Bureau of Investigation'' or the initials ''F.B.I.'', or

any colorable imitation of such words or initials, in connection

with any advertisement, circular, book, pamphlet or other

publication, play, motion picture, broadcast, telecast, or other

production, in a manner reasonably calculated to convey the

impression that such advertisement, circular, book, pamphlet or

other publication, play, motion picture, broadcast, telecast, or

other production, is approved, endorsed, or authorized by the

Federal Bureau of Investigation; or

Whoever, except with written permission of the Director of the

United States Secret Service, knowingly uses the words ''Secret

Service'', ''Secret Service Uniformed Division'', the initials

''U.S.S.S.'', ''U.D.'', or any colorable imitation of such words or

initials, in connection with, or as a part of any advertisement,

circular, book, pamphlet or other publication, play, motion

picture, broadcast, telecast, other production, product, or item,

in a manner reasonably calculated to convey the impression that

such advertisement, circular, book, pamphlet or other publication,

product, or item, is approved, endorsed, or authorized by or

associated in any manner with, the United States Secret Service, or

the United States Secret Service Uniformed Division; or

Whoever, except with the written permission of the Director of

the United States Mint, knowingly uses the words ''United States

Mint'' or ''U.S. Mint'' or any colorable imitation of such words,

in connection with any advertisement, circular, book, pamphlet, or

other publication, play, motion picture, broadcast, telecast, or

other production, in a manner reasonably calculated to convey the

impression that such advertisement, circular, book, pamphlet, or

other publication, play, motion picture, broadcast, telecast, or

other production, is approved, endorsed, or authorized by or

associated in any manner with, the United States Mint; or

Whoever uses the words ''Overseas Private Investment'',

''Overseas Private Investment Corporation'', or ''OPIC'', as part

of the business or firm name of a person, corporation, partnership,

business trust, association, or business entity; or

Whoever, except with the written permission of the Administrator

of the Drug Enforcement Administration, knowingly uses the words

''Drug Enforcement Administration'' or the initials ''DEA'' or any

colorable imitation of such words or initials, in connection with

any advertisement, circular, book, pamphlet, software or other

publication, play, motion picture, broadcast, telecast, or other

production, in a manner reasonably calculated to convey the

impression that such advertisement, circular, book, pamphlet,

software or other publication, play, motion picture, broadcast,

telecast, or other production is approved, endorsed, or authorized

by the Drug Enforcement Administration; or

Whoever, except with the written permission of the Director of

the United States Marshals Service, knowingly uses the words

''United States Marshals Service'', ''U.S. Marshals Service'',

''United States Marshal'', ''U.S. Marshal'', ''U.S.M.S.'', or any

colorable imitation of any such words, or the likeness of a United

States Marshals Service badge, logo, or insignia on any item of

apparel, in connection with any advertisement, circular, book,

pamphlet, software, or other publication, or any play, motion

picture, broadcast, telecast, or other production, in a manner that

is reasonably calculated to convey the impression that the wearer

of the item of apparel is acting pursuant to the legal authority of

the United States Marshals Service, or to convey the impression

that such advertisement, circular, book, pamphlet, software, or

other publication, or such play, motion picture, broadcast,

telecast, or other production, is approved, endorsed, or authorized

by the United States Marshals Service;

Shall be punished as follows: a corporation, partnership,

business trust, association, or other business entity, by a fine

under this title; an officer or member thereof participating or

knowingly acquiescing in such violation or any individual violating

this section, by a fine under this title or imprisonment for not

more than one year, or both.

This section shall not make unlawful the use of any name or title

which was lawful on the date of enactment of this title.

This section shall not make unlawful the use of the word

''national'' as part of the name of any business or firm engaged in

the insurance or indemnity business, whether such firm was engaged

in the insurance or indemnity business prior or subsequent to the

date of enactment of this paragraph.

A violation of this section may be enjoined at the suit of the

United States Attorney, upon complaint by any duly authorized

representative of any department or agency of the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 733; Sept. 21, 1950, ch. 967,

Sec. 3(a), 64 Stat. 894; Oct. 31, 1951, ch. 655, Sec. 22, 65 Stat.

719; July 3, 1952, ch. 547, 66 Stat. 321; Aug. 2, 1954, ch. 649,

title I, Sec. 131, 68 Stat. 609; Aug. 27, 1954, ch. 1008, 68 Stat.

867; Pub. L. 90-19, Sec. 24(b), May 25, 1967, 81 Stat. 27; Pub. L.

90-448, title VIII, Sec. 807(i), Aug. 1, 1968, 82 Stat. 545; Pub.

L. 91-468, Sec. 5, Oct. 19, 1970, 84 Stat. 1016; Pub. L. 95-630,

title XVIII, Sec. 1804, Nov. 10, 1978, 92 Stat. 3723; Pub. L.

99-204, Sec. 16, Dec. 23, 1985, 99 Stat. 1676; Pub. L. 100-690,

title VII, Sec. 7079(a), Nov. 18, 1988, 102 Stat. 4406; Pub. L.

102-390, title II, Sec. 223, Oct. 6, 1992, 106 Stat. 1629; Pub. L.

103-322, title XXXII, Sec. 320911(a), title XXXIII, Sec. 330004(3),

330016(2)(C), Sept. 13, 1994, 108 Stat. 2127, 2141, 2148; Pub. L.

104-294, title VI, Sec. 602(a), 604(b)(19), (41), Oct. 11, 1996,

110 Stat. 3503, 3507, 3509; Pub. L. 105-184, Sec. 7, June 23, 1998,

112 Stat. 522; Pub. L. 107-273, div. B, title IV, Sec.

4002(a)(10), Nov. 2, 2002, 116 Stat. 1807.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 264(v)(1), 583, 584, 585, 586, 587, 1128, 1318,

1441(d), 1731(d) of title 12, U.S.C., 1940 ed., Banks and Banking,

section 616(d) of title 15, U.S.C., 1940 ed., Commerce and Trade,

and section 1426 of title 42, U.S.C., 1940 ed., The Public Health

and Welfare (R.S. Sec. 5243; Dec. 23, 1913, ch. 6, Sec. 12B(v), as

added June 16, 1933, ch. 89, Sec. 8, 48 Stat. 178; July 17, 1916,

ch. 245, Sec. 211h, as added Mar. 4, 1923, ch. 252, Sec. 2, 42

Stat. 1461; Mar. 4, 1923, ch. 252, title II, Sec. 216, 42 Stat.

1471; May 24, 1926, ch. 377, Sec. 1-4, 44 Stat. 628; Jan. 22, 1932,

ch. 8, Sec. 16(d), 47 Stat. 12; July 22, 1932, ch. 522, Sec. 21, 47

Stat. 738; June 27, 1934, ch. 847, Sec. 512, 48 Stat. 1265; Aug.

23, 1935, ch. 614, Sec. 101, 203a, 318, 332, 49 Stat. 684, 704,

712, 719; Apr. 21, 1936, ch. 244, 49 Stat. 1237; Sept. 1, 1937, ch.

896, Sec. 26, 50 Stat. 899; Feb. 3, 1938, ch. 13, Sec. 9, 10, 52

Stat. 24, 25; June 28, 1941, ch. 261, Sec. 10, 55 Stat. 365).

Numerous sections were consolidated with changes both of

phraseology and substance necessary to effect consolidation.

The proviso of section 585 of said title 12 was omitted, since

the consolidated section obviously cannot be construed as

forbidding Federal agencies, boards, and corporations from using

their legal names. The right to continue the use of a name, lawful

on the effective date of this section, is preserved.

Last paragraph is based upon section 587 of said title 12. Words

''At the suit of'' were substituted for ''at the instance of''.

United States Attorneys are the chief law officers of the

districts. United States v. Smith, 1895, 15 S. Ct. 846, 158 U.S.

346, 39 L. Ed. 1011; McKay v. Rogers, C. C. A. Okl. 1936, 82 F. 2d

795. Federal courts will not recognize suits on behalf of the

United States unless the Government is represented by a United

States Attorney. Confiscation cases, La. 1868, 7 Wall. 454, 19 L.

Ed. 196.

The words ''any duly authorized representative of any department

or agency of the United States'' were substituted for the

enumeration of agencies which may make complaint thus making the

provision more flexible and less cumbersome.

This consolidated section reconciles the disparities and

inconsistencies of 12 sections; thus providing a harmonious scheme

for the punishment of similar offenses.

The punishment provision was drawn from section 587 of title 12,

U.S.C., 1940 ed., Banks and Banking, but is in substance and effect

the same as in sections 264v(1), 1441(d) and 1731(d) of said title

12, but the civil penalty of $50 per day which was in sections 583,

1128, and 1318 of said title 12, was omitted as inconsistent with

later acts dealing with similar offenses. Too often actions to

recover civil penalties result in judgments which cannot be

collected, and yet as long as they remain uncollected they clog the

administration of justice.

It was necessary to substitute a fine in place of a $50 per diem

penalty for business entities embraced in sections 583, 1128, and

1318 of said title 12, and fine and imprisonment for individuals

responsible for such violations. Similarly the penalty of $1,000

fine in section 1426 of title 42, The Public Health and Welfare,

was changed to permit alternative fine or imprisonment for

individuals responsible for violation.

-REFTEXT-

REFERENCES IN TEXT

The Federal Credit Union Act, referred to in text, is act June

26, 1934, ch. 750, 48 Stat. 1216, as amended, which is classified

generally to chapter 14 (Sec. 1751 et seq.) of Title 12, Banks and

Banking. For complete classification of this Act to the Code, see

section 1751 of Title 12 and Tables.

Chapter 7 of Title 12, referred to in text, which contained the

Federal Farm Loan Act (act July 17, 1916, ch. 245, 39 Stat. 360) as

amended, was classified principally to section 641 et seq. of Title

12. The Federal Farm Loan Act, as amended, was repealed by section

5.26(a) of the Farm Credit Act of 1971, Pub. L. 92-181, Dec. 10,

1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act of 1971

also provided that all references in other legislation to the Acts

repealed thereby ''shall be deemed to refer to comparable

provisions of this Act''. For further details, see notes under

section 2001 of Title 12. For complete classification of the

Federal Farm Loan Act to the Code prior to such repeal, see Tables.

The date of enactment of this title, referred to in fifteenth

par., means June 25, 1948.

The date of enactment of this paragraph, referred to in

penultimate par., means July 3, 1952.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-273, in thirteenth par., substituted

''Whoever'' for ''A person who'' and inserted ''or'' at end.

1998 - Pub. L. 105-184 inserted fourteenth par. that extended

prohibitions of section to unauthorized use of term ''United States

Marshals Service'' or any colorable imitation, or likeness of a

United States Marshals Service badge, logo, or insignia on any item

of apparel.

1996 - Pub. L. 104-294, Sec. 604(b)(41), amended directory

language of Pub. L. 103-322, Sec. 330004(3). See 1994 Amendment

note below.

Pub. L. 104-294, Sec. 604(b)(19), amended directory language of

Pub. L. 103-322, Sec. 320911(a). See 1994 Amendment notes below.

Pub. L. 104-294, Sec. 602(a), which directed amendment of this

section by striking out ''Whoever uses as a firm or business name

the words 'Reconstruction Finance Corporation' or any combination

or variation of these words - '', could not be executed because

that language did not appear in text subsequent to amendment by

Pub. L. 103-322, Sec. 330004(3), as amended. See 1994 Amendment

note below.

1994 - Pub. L. 103-322, Sec. 330016(2)(C), substituted ''fine

under this title'' for ''fine of not more than $1,000'' in two

places in par. relating to punishment.

Pub. L. 103-322, Sec. 330004(3), struck out seventh par. which

read as follows: ''Whoever uses the words 'National Agricultural

Credit Corporation' as part of the business or firm name of a

person, corporation, partnership, business trust, association or

other business entity not organized under the laws of the United

States as a National Agricultural Credit Corporation; or''.

Pub. L. 103-322, Sec. 330004(3), as amended by Pub. L. 104-294,

Sec. 604(b)(41), struck out fourteenth par. which read as follows:

''Whoever uses as a firm or business name the words 'Reconstruction

Finance Corporation' or any combination or variation of these words

- ''.

Pub. L. 103-322, Sec. 320911(a)(2), as amended by Pub. L.

104-294, Sec. 604(b)(19), which directed the insertion of a new

par. relating to use of the words ''Drug Enforcement

Administration'' or the initials ''DEA'' after the fourteenth

unnumbered par. was executed by inserting such par. after the

twelfth par. relating to the Overseas Private Investment

Corporation, to reflect the probable intent of Congress and

amendments by Pub. L. 103-322, Sec. 330004(3). See above.

Pub. L. 103-322, Sec. 320911(a)(1), as amended by Pub. L.

104-294, Sec. 604(b)(19), which directed the substitution of

''words; or'' for ''words - '' in the fourteenth unnumbered par.,

could not be executed because that par. was struck out by Pub. L.

103-322, Sec. 330004(3). See above.

1992 - Pub. L. 102-390 inserted par. prohibiting unauthorized use

of the terms ''United States Mint'' or ''U.S. Mint''.

1988 - Pub. L. 100-690 inserted provision prohibiting

unauthorized use of words ''Secret Service'' or ''Secret Service

Uniformed Division'', the initials ''U.S.S.S.'' or ''U.D.'', or

other colorable imitation of such words or initials.

1985 - Pub. L. 99-204 extended prohibitions of this section to

use of ''Overseas Private Investment'', ''Overseas Private

Investment Corporation'' and ''OPIC''.

1978 - Pub. L. 95-630 in fourth par., inserted provisions

expanding the scope of the prohibition to include anyone, other

than a bona fide organization or association of Federal or State

credit unions or except as permitted by the laws of the United

States, who misuses a firm or business name or transacts business

using ''National Credit Union'', ''National Credit Union

Administration'', ''National Credit Union Board'', ''National

Credit Union Share Insurance Fund'', ''Share Insurance'', or

''Central Liquidity Facility'', or ''NCUA'', ''NCUSIF'', or

''CLF'', or any other combination or variation of those words or

letters reasonably calculated to convey the false impression that

such name or business has some connection with or authorization

from the National Credit Union Administration, the Government of

the United States, or any agency thereof or represents by any

device whatsoever that his business, product, or service is in any

way endorsed, authorized, or approved or that he is in any way

insured by the National Credit Union Administration, the Government

of the United States, or any agency thereof.

1970 - Pub. L. 91-468 extended prohibition of this section to

include practices which would falsely represent that assets are

insured by the Federal Credit Union Act.

1968 - Pub. L. 90-448, in ninth par., substituted ''Government

National Mortgage Association'' for ''Federal National Mortgage

Association'' wherever appearing.

1967 - Pub. L. 90-19 extended prohibition of ninth par. to misuse

of names ''Department of Housing and Urban Development'' and

''United States Housing Authority'' and symbols ''HUD'', ''PHA'',

and ''USHA''.

1954 - Act Aug. 27, 1954, brought the use of the name or initials

of the Federal Bureau of Investigation within the ban of the

section.

Act Aug. 2, 1954, in ninth par., inserted references to the

Housing and Home Finance Agency, the Federal National Mortgage

Association, and FHA, and inserted provisions relating to false

claims made with respect to repairs, alterations, or improvements.

1952 - Act July 3, 1952, permitted use of ''national'' as a part

of the name of an insurance or indemnity company in penultimate

par.

1951 - Act Oct. 31, 1951, in ninth par., inserted ''Public

Housing Administration'' in lieu of ''United States Housing

Authority'', and inserted ''Public Housing Administration,'' after

''Federal Housing Administration''.

1950 - Act Sept. 21, 1950, in third par., made subject to

provisions of this section whoever advertises that his or its

deposit liabilities, obligations, certificates, or shares are

federally insured.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604(b)(19), (41) of Pub. L. 104-294

effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294,

set out as a note under section 13 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 320911(b) of Pub. L. 103-322 provided that: ''The

amendment made by subsection (a) (amending this section) shall

become effective on the date that is 90 days after the date of

enactment of this Act (Sept. 13, 1994).''

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7079(b) of Pub. L. 100-690 provided that: ''This section

(amending this section) shall take effect 90 days after the date of

enactment of this Act (Nov. 18, 1988).''

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-630 effective Oct. 1, 1979, see section

1806 of Pub. L. 95-630, set out as an Effective Date note under

section 1795 of Title 12, Banks and Banking.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-448 effective from and after a date, no

more than 120 days following Aug. 1, 1968, as established by the

Secretary of Housing and Urban Development, see section 808 of Pub.

L. 90-448, set out as an Effective Date note under section 1716b of

Title 12, Banks and Banking.

EFFECTIVE DATE OF 1950 AMENDMENT

Section 3(b) of act Sept. 21, 1950, provided that: ''The

amendment made by subsection (a) of this section (amending this

section) shall become effective on January 1, 1951.''

-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.

Functions, powers, and duties of Housing and Home Finance Agency,

Federal Housing Administration, and Public Housing Authority

transferred to Secretary of Housing and Urban Development who was

authorized to delegate such functions, powers, and duties to such

officers and employees of Department of Housing and Urban

Development as the Secretary may designate, see sections 3534 and

3535 of Title 42, The Public Health and Welfare.

United States Housing Authority consolidated with other agencies

into Housing and Home Finance Agency and name of Authority changed

to Public Housing Administration by Reorg. Plan No. 3 of 1947,

eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the

Appendix to Title 5, Government Organization and Employees.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

For creation, succession, and principal office, see section 1717

of Title 12, Banks and Banking.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3056 of this title.

-CITE-

18 USC Sec. 710 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 710. Cremation urns for military use

-STATUTE-

Whoever knowingly uses, manufactures, or sells any cremation urn

of a design approved by the Secretary of Defense for use to retain

the cremated remains of deceased members of the armed forces or an

urn which is a colorable imitation of the approved design, except

when authorized under regulation made pursuant to law, shall be

fined under this title or imprisoned for not more than six months,

or both.

-SOURCE-

(Added Sept. 28, 1950, ch. 1092, Sec. 1(b), 64 Stat. 1077; amended

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13, 1994,

108 Stat. 2146.)

-MISC1-

AMENDMENTS

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

''fined not more than $250''.

-CITE-

18 USC Sec. 711 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 711. ''Smokey Bear'' character or name

-STATUTE-

Whoever, except as authorized under rules and regulations issued

by the Secretary of Agriculture after consultation with the

Association of State Foresters and the Advertising Council,

knowingly and for profit manufactures, reproduces, or uses the

character ''Smokey Bear'', originated by the Forest Service, United

States Department of Agriculture, in cooperation with the

Association of State Foresters and the Advertising Council for use

in public information concerning the prevention of forest fires, or

any facsimile thereof, or the name ''Smokey Bear'' shall be fined

under this title or imprisoned not more than six months, or both.

-SOURCE-

(Added May 23, 1952, ch. 327, Sec. 1, 66 Stat. 92; amended Pub. L.

93-318, Sec. 5, June 22, 1974, 88 Stat. 245; Pub. L. 103-322, title

XXXIII, Sec. 330004(4), 330016(1)(E), Sept. 13, 1994, 108 Stat.

2141, 2146.)

-MISC1-

AMENDMENTS

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

under this title'' for ''fined not more than $250''.

Pub. L. 103-322, Sec. 330004(4), struck out last par. which read

as follows: ''The Secretary of Agriculture may specially authorize

the manufacture, reproduction, or use of the character 'Smokey

Bear' for a period not to exceed one hundred and eighty days,

expiring no later than one year after the enactment hereof, by any

person who, because of plans or commitments made prior to the

enactment of this Act, would suffer substantial loss if denied such

authorization.''

1974 - Pub. L. 93-318 inserted ''and for profit'' after

''knowingly'' and struck out ''as a trade name or in such manner as

suggests the character 'Smokey Bear' '' after ''facsimile thereof,

or the name 'Smokey Bear' ''.

DEPOSIT OF FEES; AVAILABILITY

Deposit of fees collected under regulations governing ''Smokey

Bear'' and availability for use, see section 580p-2 of Title 16,

Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 580p, 580p-3.

-CITE-

18 USC Sec. 711a 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 711a. ''Woodsy Owl'' character, name, or slogan

-STATUTE-

Whoever, except as authorized under rules and regulations issued

by the Secretary, knowingly and for profit manufactures,

reproduces, or uses the character ''Woodsy Owl'', the name ''Woodsy

Owl'', or the associated slogan, ''Give a Hoot, Don't Pollute''

shall be fined under this title or imprisoned not more than six

months, or both.

-SOURCE-

(Added Pub. L. 93-318, Sec. 6, June 22, 1974, 88 Stat. 245; amended

Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13, 1994,

108 Stat. 2146.)

-MISC1-

AMENDMENTS

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

''fined not more than $250''.

DESCRIPTION OF ''WOODSY OWL'' CHARACTER

For description of character of ''Woodsy Owl'' as referred to in

this section, see section 580p of Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 580p, 580p-3.

-CITE-

18 USC Sec. 712 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 712. Misuse of names, words, emblems, or insignia

-STATUTE-

Whoever, in the course of collecting or aiding in the collection

of private debts or obligations, or being engaged in furnishing

private police, investigation, or other private detective services,

uses or employs in any communication, correspondence, notice,

advertisement, or circular the words ''national'', ''Federal'', or

''United States'', the initials ''U.S.'', or any emblem, insignia,

or name, for the purpose of conveying and in a manner reasonably

calculated to convey the false impression that such communication

is from a department, agency, bureau, or instrumentality of the

United States or in any manner represents the United States, shall

be fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(Added Pub. L. 86-291, Sec. 1, Sept. 21, 1959, 73 Stat. 570;

amended Pub. L. 93-147, Sec. 1(a), Nov. 3, 1973, 87 Stat. 554; Pub.

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

Stat. 2147.)

-MISC1-

AMENDMENTS

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

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

1973 - Pub. L. 93-147 substituted ''Misuse of names, words,

emblems, or insignia'' for ''Misuse of names by collecting agencies

or private detective agencies to indicate Federal agency'' in

section catchline and substituted ''in the course'' and ''such

communication is from a department'' for ''being engaged in the

business'' and ''such business is a department'' respectively, and

struck out ''as part of the firm name of such business,'' after

''detective services, uses''.

EFFECTIVE DATE

Section 2 of Pub. L. 86-291 provided that: ''The provisions of

this section (enacting this section) shall become effective sixty

days from the enactment thereof (Sept. 21, 1959).''

-CITE-

18 USC Sec. 713 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 713. Use of likenesses of the great seal of the United States,

the seals of the President and Vice President, the seal of the

United States Senate, the seal of the United States House of

Representatives, and the seal of the United States Congress

-STATUTE-

(a) Whoever knowingly displays any printed or other likeness of

the great seal of the United States, or of the seals of the

President or the Vice President of the United States, or the seal

of the United States Senate, or the seal of the United States House

of Representatives, or the seal of the United States Congress, or

any facsimile thereof, in, or in connection with, any

advertisement, poster, circular, book, pamphlet, or other

publication, public meeting, play, motion picture, telecast, or

other production, or on any building, monument, or stationery, for

the purpose of conveying, or in a manner reasonably calculated to

convey, a false impression of sponsorship or approval by the

Government of the United States or by any department, agency, or

instrumentality thereof, shall be fined under this title or

imprisoned not more than six months, or both.

(b) Whoever, except as authorized under regulations promulgated

by the President and published in the Federal Register, knowingly

manufactures, reproduces, sells, or purchases for resale, either

separately or appended to any article manufactured or sold, any

likeness of the seals of the President or Vice President, or any

substantial part thereof, except for manufacture or sale of the

article for the official use of the Government of the United

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

six months, or both.

(c) Whoever, except as directed by the United States Senate, or

the Secretary of the Senate on its behalf, knowingly uses,

manufactures, reproduces, sells or purchases for resale, either

separately or appended to any article manufactured or sold, any

likeness of the seal of the United States Senate, or any

substantial part thereof, except for manufacture or sale of the

article for the official use of the Government of the United

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

six months, or both.

(d) Whoever, except as directed by the United States House of

Representatives, or the Clerk of the House of Representatives on

its behalf, knowingly uses, manufactures, reproduces, sells or

purchases for resale, either separately or appended to any article

manufactured or sold, any likeness of the seal of the United States

House of Representatives, or any substantial part thereof, except

for manufacture or sale of the article for the official use of the

Government of the United States, shall be fined under this title or

imprisoned not more than six months, or both.

(e) Whoever, except as directed by the United States Congress, or

the Secretary of the Senate and the Clerk of the House of

Representatives, acting jointly on its behalf, knowingly uses,

manufactures, reproduces, sells or purchases for resale, either

separately or appended to any article manufactured or sold, any

likeness of the seal of the United States Congress, or any

substantial part thereof, except for manufacture or sale of the

article for the official use of the Government of the United

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

six months, or both.

(f) A violation of the provisions of this section may be enjoined

at the suit of the Attorney General,

(1) in the case of the great seal of the United States and the

seals of the President and Vice President, upon complaint by any

authorized representative of any department or agency of the

United States;

(2) in the case of the seal of the United States Senate, upon

complaint by the Secretary of the Senate;

(3) in the case of the seal of the United States House of

Representatives, upon complaint by the Clerk of the House of

Representatives; and

(4) in the case of the seal of the United States Congress, upon

complaint by the Secretary of the Senate and the Clerk of the

House of Representatives, acting jointly.

-SOURCE-

(Added Pub. L. 89-807, Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525;

amended Pub. L. 91-651, Sec. 1, Jan. 5, 1971, 84 Stat. 1940; Pub.

L. 102-229, title II, Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat.

1717; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13,

1994, 108 Stat. 2146; Pub. L. 105-55, title III, Sec. 308(a)-(d),

Oct. 7, 1997, 111 Stat. 1198.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-55, Sec. 308(d), substituted ''the seal of the

United States Senate, the seal of the United States House of

Representatives, and the seal of the United States Congress'' for

''and the seal of the United States Senate'' in section catchline.

Subsec. (a). Pub. L. 105-55, Sec. 308(a), inserted ''or the seal

of the United States House of Representatives, or the seal of the

United States Congress,'' after ''Senate,''.

Subsecs. (d), (e). Pub. L. 105-55, Sec. 308(b), added subsecs.

(d) and (e). Former subsec. (d) redesignated (f).

Subsec. (f). Pub. L. 105-55, Sec. 308(b)(1), redesignated subsec.

(d) as (f).

Subsec. (f)(3), (4). Pub. L. 105-55, Sec. 308(c), added pars. (3)

and (4).

1994 - Subsecs. (a) to (c). Pub. L. 103-322 substituted ''fined

under this title'' for ''fined not more than $250''.

1991 - Pub. L. 102-229, Sec. 210(a), substituted ''the seals of

the President and Vice President, and the seal of the United States

Senate'' for ''and of the seals of the President and Vice

President'' in section catchline.

Subsec. (a). Pub. L. 102-229, Sec. 210(b), inserted ''or the seal

of the United States Senate,'' after ''Vice President of the United

States,''.

Subsecs. (c), (d). Pub. L. 102-229, Sec. 210(c), (d), added

subsec. (c), amended former subsec. (c) generally, and redesignated

former subsec. (c) as (d). Prior to amendment and redesignation,

former subsec. (c) read as follows: ''A violation of subsection (a)

or (b) of this section may be enjoined at the suit of the Attorney

General upon complaint by any authorized representative of any

department or agency of the United States.''

1971 - Pub. L. 91-651 substituted ''Use of likenesses of the

great seal of the United States, and of the seals of the President

and Vice President'' for ''Use of the great seal of the United

States'' in section catchline.

Subsec. (a). Pub. L. 91-651 redesignated existing provisions as

subsec. (a), expanded prohibition to include likenesses of the

seals of the President and Vice President, and added to the

enumerated list of prohibited uses for likenesses of the great seal

of the United States and for the seals of the President and Vice

President, use in posters, public meetings, or on any building,

monument, or stationery.

Subsecs. (b), (c). Pub. L. 91-651 added subsecs. (b) and (c).

EFFECTIVE DATE OF 1971 AMENDMENT

Section 3 of Pub. L. 91-651 provided that: The amendments made by

this Act (amending this section) shall not make unlawful any

preexisting use of the design of the great seal of the United

States or of the seals of the President or Vice President of the

United States that was lawful on the date of enactment of this Act

(Jan. 5, 1971), until one year after the date of such enactment.''

-EXEC-

EX. ORD. NO. 11649. REGULATIONS GOVERNING SEALS OF PRESIDENT AND

VICE PRESIDENT OF UNITED STATES

Ex. Ord. No. 11649, Feb. 16, 1972, 37 F.R. 3625, as amended by

Ex. Ord. No. 11916, May 28, 1976, 41 F.R. 22031, provided:

By virtue to the authority vested in me by section 713(b) of

title 18, United States Code, I hereby prescribe the following

regulations governing the use of the Seals of the President and the

Vice President of the United States:

Section 1. Except as otherwise provided by law, the knowing

manufacture, reproduction, sale, or purchase for resale of the

Seals or Coats of Arms of the President or the Vice President of

the United States, or any likeness or substantial part thereof,

shall be permitted only for the following uses:

(a) Use by the President or Vice President of the United States;

(b) Use in encyclopedias, dictionaries, books, journals,

pamphlets, periodicals, or magazines incident to a description or

history of seals, coats of arms, heraldry, or the Presidency or

Vice Presidency;

(c) Use in libraries, museums, or educational facilities incident

to descriptions or exhibits relating to seals, coats of arms,

heraldry, or the Presidency or Vice Presidency;

(d) Use as an architectural embellishment in libraries, museums,

or archives established to house the papers or effects of former

Presidents or Vice Presidents;

(e) Use on a monument to a former President or Vice President;

(f) Use by way of photographic or electronic visual reproduction

in pictures, moving pictures, or telecasts of bona fide news

content;

(g) Such other uses for exceptional historical, educational, or

newsworthy purposes as may be authorized in writing by the Counsel

to the President.

Sec. 2. The manufacture, reproduction, sale, or purchase for

resale, either separately or appended to any article manufactured

or sold, of the Seals of the President or Vice President, or any

likeness or substantial part thereof, except as provided in this

Order or as otherwise provided by law, is prohibited.

Richard Nixon.

-CITE-

18 USC Sec. 714 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

(Sec. 714. Repealed. Pub. L. 97-258, Sec. 2(d)(1)(B), Sept. 13,

1982, 96 Stat. 1058)

-MISC1-

Section, added Pub. L. 91-419, Sec. 3, Sept. 25, 1970, 84 Stat.

870, defined ''Johnny Horizon'' for purposes of Pub. L. 91-419.

-CITE-

18 USC Sec. 715 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 715. ''The Golden Eagle Insignia''

-STATUTE-

As used in this section, ''The Golden Eagle Insignia'' means the

words ''The Golden Eagle'' and the representation of an American

Golden Eagle (colored gold) and a family group (colored midnight

blue) enclosed within a circle (colored white with a midnight blue

border) framed by a rounded triangle (colored gold with a midnight

blue border) which was originated by the Department of the Interior

as the official symbol for Federal recreation fee areas.

Whoever, except as authorized under rules and regulations issued

by the Secretary of the Interior, knowingly manufactures,

reproduces, or uses ''The Golden Eagle Insignia'', or any facsimile

thereof, in such a manner as is likely to cause confusion, or to

cause mistake, or to deceive, shall be fined under this title or

imprisoned not more than six months, or both.

The use of any such emblem, sign, insignia, or words which was

lawful on the date of enactment of this Act shall not be a

violation of this section.

A violation of this section may be enjoined at the suit of the

Attorney General, upon complaint by the Secretary of the Interior.

-SOURCE-

(Added Pub. L. 92-347, Sec. 3(b), July 11, 1972, 86 Stat. 461;

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

1994, 108 Stat. 2146.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this Act, referred to in text, means the

date of enactment of Pub. L. 92-347, which was approved July 11,

1972.

-MISC2-

AMENDMENTS

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

''fined not more than $250'' in second par.

-CITE-

18 USC Sec. 716 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

-HEAD-

Sec. 716. Police badges

-STATUTE-

(a) Whoever -

(1) knowingly transfers, transports, or receives, in interstate

or foreign commerce, a counterfeit police badge;

(2) knowingly transfers, in interstate or foreign commerce, a

genuine police badge to an individual, knowing that such

individual is not authorized to possess it under the law of the

place in which the badge is the official badge of the police;

(3) knowingly receives a genuine police badge in a transfer

prohibited by paragraph (2); or

(4) being a person not authorized to possess a genuine police

badge under the law of the place in which the badge is the

official badge of the police, knowingly transports that badge in

interstate or foreign commerce,

shall be fined under this title or imprisoned not more than 6

months, or both.

(b) It is a defense to a prosecution under this section that the

badge is used or is intended to be used exclusively -

(1) as a memento, or in a collection or exhibit;

(2) for decorative purposes;

(3) for a dramatic presentation, such as a theatrical, film, or

television production; or

(4) for any other recreational purpose.

(c) As used in this section -

(1) the term ''genuine police badge'' means an official badge

issued by public authority to identify an individual as a law

enforcement officer having police powers; and

(2) the term ''counterfeit police badge'' means an item that so

resembles a police badge that it would deceive an ordinary

individual into believing it was a genuine police badge.

-SOURCE-

(Added Pub. L. 106-547, Sec. 3(a), Dec. 19, 2000, 114 Stat. 2739.)

-CITE-