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18 USC CHAPTER 43 - FALSE PERSONATION 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 43 - FALSE PERSONATION

.

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CHAPTER 43 - FALSE PERSONATION

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Sec.

911. Citizen of the United States.

912. Officer or employee of the United States.

913. Impersonator making arrest or search.

914. Creditors of the United States.

915. Foreign diplomats, consuls or officers.

916. 4-H Club members or agents.

917. Red Cross members or agents.

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18 USC Sec. 911 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 43 - FALSE PERSONATION

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Sec. 911. Citizen of the United States

-STATUTE-

Whoever falsely and willfully represents himself to be a citizen

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

not more than three years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 742; Pub. L. 103-322, title

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

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HISTORICAL AND REVISION NOTES

Based on subsection (a), paragraph (18) and subsection (d), of

section 746, title 8, U.S.C., 1940 ed., Aliens and Nationality

(Oct. 14, 1940, ch. 876, Sec. 346(a), par. (18), and (d), 54 Stat.

1165, 1167).

Section consolidates said provisions of section 746, title 8,

U.S.C., 1940 ed., Aliens and Nationality. The word ''willfully''

was substituted for ''knowingly'', ''$1,000'' for ''$5,000'', and

''three years'' for ''five years'', to harmonize with congressional

intent evidenced by the other sections of this chapter.

Minor changes were made in phraseology and unnecessary words were

omitted.

AMENDMENTS

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

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

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18 USC Sec. 912 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 43 - FALSE PERSONATION

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Sec. 912. Officer or employee of the United States

-STATUTE-

Whoever falsely assumes or pretends to be an officer or employee

acting under the authority of the United States or any department,

agency or officer thereof, and acts as such, or in such pretended

character demands or obtains any money, paper, document, or thing

of value, shall be fined under this title or imprisoned not more

than three years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 742; Pub. L. 103-322, title

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

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 76 and 123 (Mar. 4,

1909, ch. 321, Sec. 32 and 66, 35 Stat. 1095, 1100; Feb. 28, 1938,

ch. 37, 52 Stat. 82).

Section consolidates sections 76 and 123 of title 18, U.S.C.,

1940 ed. The effect of this consolidation was to increase the

punishment for revenue officers from $500 to $1,000 and from 2

years to 3 years, and to rephrase in the alternative the mandatory

punishment provision.

This section now applies the same punishment to all officers and

agents of the United States found guilty of false personation.

Words ''agency or'' were inserted to eliminate any possible

ambiguity as to scope of section. (See definitive section 6 of this

title.) Other words referring to ''authority of any corporation

owned or controlled by the United States'' were omitted for the

same reason. (See Pierce v. U.S., 1941, 62 S. Ct. 237, 314 U.S.

306, 86 L. Ed. 226.)

The words ''with the intent to defraud the United States or any

person'', contained in said section 76 of title 18, U.S.C., 1940

ed., were omitted as meaningless in view of United States v.

Lapowich, 63 S. Ct. 914.

Changes were made in phraseology.

AMENDMENTS

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

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

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18 USC Sec. 913 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 43 - FALSE PERSONATION

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Sec. 913. Impersonator making arrest or search

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Whoever falsely represents himself to be an officer, agent, or

employee of the United States, and in such assumed character

arrests or detains any person or in any manner searches the person,

buildings, or other property of 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. 742; Pub. L. 103-322, title

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

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 77a (Aug. 27, 1935,

ch. 740, Sec. 201, 49 Stat. 877).

Words ''shall be deemed guilty of a misdemeanor'' were omitted.

(See definitive section 1 of this title.) Words ''and upon

conviction thereof'' preceding ''shall be'' were omitted as

surplusage since punishment cannot be imposed until conviction is

secured.

Maximum imprisonment provision was changed from 1 year to 3 years

so as to be consistent with sections 911 and 912 of this title, the

latter having also been changed to 3 years. There is no sound

reason why a uniform punishment should not be prescribed for the

offenses defined in these three sections.

Changes were made in phraseology.

AMENDMENTS

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

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

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18 USC Sec. 914 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 43 - FALSE PERSONATION

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Sec. 914. Creditors of the United States

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Whoever falsely personates any true and lawful holder of any

share or sum in the public stocks or debt of the United States, or

any person entitled to any annuity, dividend, pension, wages, or

other debt due from the United States, and, under color of such

false personation, transfers or endeavors to transfer such public

stock or any part thereof, or receives or endeavors to receive the

money of such true and lawful holder thereof, or the money of any

person really entitled to receive such annuity, dividend, pension,

wages, or other debt, shall be fined under this title or imprisoned

not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 742; Pub. L. 103-322, title

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

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 78 (Mar. 4, 1909, ch.

321, Sec. 33, 35 Stat. 1095).

Words ''prize money'' after ''pension'' were deleted as repealed

by act Mar. 3, 1899, ch. 413, 30 Stat. 1007, repealing all laws

authorizing prize money distribution.

Mandatory punishment was rephrased in the alternative.

In the punishment provision the words ''five years'' were

substituted for ''ten years'' to harmonize it with the punishment

provisions in sections 287 and 1001 of this title, covering similar

offenses. (See reviser's note under section 287 of this title.)

AMENDMENTS

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

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

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18 USC Sec. 915 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 43 - FALSE PERSONATION

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Sec. 915. Foreign diplomats, consuls or officers

-STATUTE-

Whoever, with intent to defraud within the United States, falsely

assumes or pretends to be a diplomatic, consular or other official

of a foreign government duly accredited as such to the United

States and acts as such, or in such pretended character, demands or

obtains or attempts to obtain any money, paper, document, or other

thing of value, shall be fined under this title or imprisoned not

more than ten years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103-322, title

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

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HISTORICAL AND REVISION NOTES

Based on section 232 of title 22, U.S.C., 1940 ed., Foreign

Relations and Intercourse (June 15, 1917, ch. 30, title VIII, Sec.

2, 40 Stat. 226; Mar. 28, 1940, ch. 72, Sec. 6, 54 Stat. 80).

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

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

of this title.

Mandatory punishment provision was rephrased in the alternative.

Minor changes were made in phraseology.

AMENDMENTS

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

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

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1717 of this title.

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18 USC Sec. 916 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 43 - FALSE PERSONATION

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Sec. 916. 4-H Club members or agents

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Whoever, falsely and with intent to defraud, holds himself out as

or represents or pretends himself to be a member of, associated

with, or an agent or representative for the 4-H clubs, an

organization established by the Extension Service of the United

States Department of Agriculture and the land grant colleges, shall

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

or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103-322, title

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

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 76c (June 5, 1939, ch.

184, Sec. 1, 53 Stat. 809).

Section 76c of title 18, U.S.C., 1940 ed., was incorporated in

this section and section 707 of this title.

Reference to offense as a misdemeanor was omitted in view of

definitive section 1 of this title. Words ''upon conviction

thereof'' were omitted, since criminal punishment can follow only

after conviction.

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $300''.

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18 USC Sec. 917 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 43 - FALSE PERSONATION

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Sec. 917. Red Cross members or agents

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Whoever, within the United States, falsely or fraudulently holds

himself out as or represents or pretends himself to be a member of

or an agent for the American National Red Cross for the purpose of

soliciting, collecting, or receiving money or material, shall be

fined under this title or imprisoned not more than 5 years, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103-322, title

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

107-56, title X, Sec. 1011(c), Oct. 26, 2001, 115 Stat. 396.)

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HISTORICAL AND REVISION NOTES

Based on section 4 of title 36, U.S.C., 1940 ed., Patriotic

Societies and Observances (Jan. 5, 1905, ch. 23, Sec. 4, 33 Stat.

600; June 23, 1910, ch. 372, Sec. 1, 36 Stat. 604).

Section 4 of title 36, U.S.C., 1940 ed., Patriotic Societies and

Observances, was divided into this section and section 706 of this

title.

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

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

of this title.

Reference to offense as a misdemeanor was omitted in view of

definitive section 1 of this title.

Words ''upon conviction thereof'' were omitted as punishment

cannot be imposed until conviction is secured.

Minor changes were made in phraseology.

AMENDMENTS

2001 - Pub. L. 107-56 substituted ''5 years'' for ''one year''.

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

''fined not more than $500''.

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