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18 USC CHAPTER 59 - LIQUOR TRAFFIC 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 59 - LIQUOR TRAFFIC

.

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CHAPTER 59 - LIQUOR TRAFFIC

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Sec.

1261. Enforcement, regulations, and scope.

1262. Transportation into State prohibiting sale.

1263. Marks and labels on packages.

1264. Delivery to consignee.

1265. C.O.D. shipments prohibited.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3615 of this title.

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18 USC Sec. 1261 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 59 - LIQUOR TRAFFIC

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Sec. 1261. Enforcement, regulations, and scope

-STATUTE-

(a) (FOOTNOTE 1) The Attorney General -

(FOOTNOTE 1) So in original. There is no subsec. (b).

(1) shall enforce the provisions of this chapter; and

(2) has the authority to issue regulations to carry out the

provisions of this chapter.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, Sec.

31, 63 Stat. 94; Pub. L. 107-273, div. B, title IV, Sec. 4004(b),

Nov. 2, 2002, 116 Stat. 1812; Pub. L. 107-296, title XI, Sec.

1112(g), Nov. 25, 2002, 116 Stat. 2276.)

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HISTORICAL AND REVISION NOTES

1948 ACT

Based on sections 222, 223(b), 225 and 226 of title 27, U.S.C.,

1940 ed., Intoxicating Liquors (June 25, 1936, ch. 815, Sec. 5, 10,

49 Stat. 1929, 1930).

Changes were made in phraseology and arrangement.

1949 ACT

This section (section 31) corrects a typographical error in

section 1261 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.

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AMENDMENTS

2002 - Pub. L. 107-296, which directed amendment of subsec. (a)

generally, was executed by amending text of section generally to

reflect the probable intent of Congress and the amendment by Pub.

L. 107-273, see below. Prior to amendment, text read as follows:

''The Secretary of the Treasury shall enforce the provisions of

this chapter. Regulations to carry out its provisions shall be

prescribed by the Commissioner of Internal Revenue with the

approval of the Secretary of the Treasury.''

Pub. L. 107-273 struck out subsec. (a) designation and subsec.

(b) which read as follows: ''This chapter shall not apply to the

Canal Zone.''.

1949 - Subsec. (b). Act May 24, 1949, substituted subsection

designation ''(b)'' for ''(d)''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3667 of this title.

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18 USC Sec. 1262 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 59 - LIQUOR TRAFFIC

-HEAD-

Sec. 1262. Transportation into State prohibiting sale

-STATUTE-

Whoever imports, brings, or transports any intoxicating liquor

into any State, Territory, District, or Possession in which all

sales, except for scientific, sacramental, medicinal, or mechanical

purposes, of intoxicating liquor containing more than 4 per centum

of alcohol by volume or 3.2 per centum of alcohol by weight are

prohibited, otherwise than in the course of continuous interstate

transportation through such State, Territory, District, or

Possession or attempts so to do, or assists in so doing,

Shall (1) If such liquor is not accompanied by such permits, or

licenses therefor as may be required by the laws of such State,

Territory, District, or Possession or (2) if all importation,

bringing, or transportation of intoxicating liquor into such State,

Territory, District, or Possession is prohibited by the laws

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

year, or both.

In the enforcement of this section, the definition of

intoxicating liquor contained in the laws of the respective States,

Territories, Districts, or Possessions shall be applied, but only

to the extent that sales of such intoxicating liquor (except for

scientific, sacramental, medicinal, and mechanical purposes) are

prohibited therein.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, Sec.

32, 63 Stat. 94; Pub. L. 101-647, title XXXV, Sec. 3540, Nov. 29,

1990, 104 Stat. 4925; Pub. L. 103-322, title XXXIII, Sec.

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

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HISTORICAL AND REVISION NOTES

1948 ACT

Based on sections 222, 223 of title 27, U.S.C., 1940 ed.,

Intoxicating Liquors (June 25, 1936, ch. 815, Sec. 2, 3, 49 Stat.

1928).

Section consolidates subsection (a) of section 222 with section

223, of title 27, U.S.C., 1940 ed.

Words ''or 3.2 per centum of alcohol by weight'' were inserted

after ''volume.'' Such words conform with Flippin v. U.S. (1941,

121 F. 2d 742, 744, certiorari denied, 62 S. Ct. 184, 314 U.S. 677,

86 L. Ed. 542); Robason v. U.S. (1941, 122 F. 2d 991); Dolloff v.

U.S. (1941, 121 F. 2d 157, certiorari denied, 62 S. Ct. 108, 314

U.S. 626, 86 L. Ed. 503, rehearing denied, 62 S. Ct. 178, 314 U.S.

710, 86 L. Ed. 566); and Tucker v. U.S. (1941, 123 F. 2d 280).

Those cases overruled Arnold v. U.S. (1940, 115 F. 2d 523) and

Gregg v. U.S. (1940, 116 F. 2d 609) and established that

preservation of the congressional intent which requires addition of

the inserted language.

Subsection (b) of section 223 of title 27, U.S.C., 1940 ed., has

been reworded to apply the definition of intoxicating liquor

contained in the laws of the respective States to this section

only, in accordance with administrative interpretation. Said

section 223 was derived from section 3 of the Liquor Enforcement

Act of 1936 (Act June 25, 1936, ch. 815, 49 Stat. 1928), which was

enacted for the protection of dry States. As originally enacted,

its provisions relating to such definition also embraced the

interstate commerce liquor laws from which sections 1263-1265 of

this title were derived. In the enforcement of the latter,

however, their own definitions have been applied and not the

definitions of the States into which or through which the liquor

was shipped.

Words ''Territory, District, or Possession'' were inserted after

''State'', to conform with the definition of ''State'' given in

said section 222 of title 27, U.S.C., 1940 ed. Such section,

including subsection (b) thereof, is also incorporated in section

3615 of this title.

Words ''be guilty of a misdemeanor and shall'' were omitted in

view of definitive section 1 of this title.

Minor changes were made throughout in arrangement and

phraseology.

1949 ACT

This section (section 32) corrects a typographical error in

section 1262 of title 18, U.S.C.

AMENDMENTS

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

''fined not more than $1,000'' in second par.

1990 - Pub. L. 101-647 substituted ''State'' for ''state'' in

section catchline.

1949 - Act May 24, 1949, substituted ''Districts'' for

''District'' in last par.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3667 of this title.

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18 USC Sec. 1263 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 59 - LIQUOR TRAFFIC

-HEAD-

Sec. 1263. Marks and labels on packages

-STATUTE-

Whoever knowingly ships into any place within the United States

any package containing any spirituous, vinous, malted, or other

fermented liquor, or any compound containing any spirituous,

vinous, malted, or other fermented liquor fit for use for beverage

purposes, unless such shipment is accompanied by copy of a bill of

lading, or other document showing the name of the consignee, the

nature of its contents, and the quantity contained therein, shall

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

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 761; Pub. L. 90-518, Sec. 1,

Sept. 26, 1968, 82 Stat. 872; 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. 390 (Mar. 4, 1909, ch.

321, Sec. 240, 35 Stat. 1137; June 25, 1936, ch. 815, Sec. 8, 49

Stat. 1930.)

Reference to persons causing or procuring was omitted as

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

this title.

References to Territory, District, etc., were revised and same

changes made as in section 1264 of this title.

The provision that ''such liquor shall be forfeited to the United

States'' was omitted as covered by section 3615 of this title,

which was derived from section 224 of title 27, U.S.C., 1940 ed.,

Intoxicating Liquors.

The provision that such liquor ''may be seized and condemned by

like proceedings as those provided by law for the seizure and

forfeiture of property imported into the United States contrary to

law'' was likewise omitted as covered by section 3615 of this

title, which provides for seizure and forfeiture under the internal

revenue laws rather than under provisions of law ''for the seizure

and forfeiture of property imported into the United States contrary

to law'' or, in other words, rather than under the customs laws.

Section 224 of title 27, U.S.C., 1940 ed., Intoxicating Liquors, on

which said section 3615 of this title is based, was derived from

the Liquor Enforcement Act of 1936 (Act June 25, 1936, ch. 815, 49

Stat. 1928). Said section 224 included, in its coverage, section

390 of title 18, U.S.C., 1940 ed., on which this revised section is

based, even though the Liquor Enforcement Act of 1936, in another

section thereof, in amending said section 390, retained the

provision that seizures and forfeitures thereunder should be under

the customs laws. By eliminating this conflicting provision, a

uniform procedure for seizures and forfeitures, under the internal

revenue laws, is established under said section 3615 of this title.

AMENDMENTS

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

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

1968 - Pub. L. 90-518 struck out ''of or package'' after ''any

package'' and substituted ''shipment is accompanied by copy of a

bill of lading, or other document showing'' for ''package is so

labeled on the outside cover as to plainly show''.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 3 of Pub. L. 90-518 provided that: ''This Act (amending

this section) shall become effective ninety days after the date of

its enactment (Sept. 26, 1968).''

CONGRESSIONAL DISCLAIMER OF INTENT TO PREEMPT STATE REGULATION OF

SHIPMENTS OF INTOXICATING LIQUOR

Section 2 of Pub. L. 90-518 provided that: ''Nothing contained in

this Act (amending this section) shall be construed as indicating

an intent on the part of Congress to deprive any State of the power

to enact additional prohibitions with respect to the shipment of

intoxicating liquors.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3667 of this title.

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18 USC Sec. 1264 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 59 - LIQUOR TRAFFIC

-HEAD-

Sec. 1264. Delivery to consignee

-STATUTE-

Whoever, being an officer, agent, or employee of any railroad

company, express company, or other common carrier, knowingly

delivers to any person other than the person to whom it has been

consigned, unless upon the written order in each instance of the

bona fide consignee, or to any fictitious person, or to any person

under a fictitious name, any spirituous, vinous, malted, or other

fermented liquor or any compound containing any spirituous, vinous,

malted, or other fermented liquor fit for use for beverage

purposes, which has been shipped into any place within the United

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

one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 761; 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. 388 (Mar. 4, 1909, ch.

321, Sec. 238, 35 Stat. 1136; June 25, 1936, ch. 815, Sec. 6, 49

Stat. 1929).

Reference to persons causing or procuring was omitted as

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

this title.

Words ''Territory, or District of the United States, or place

noncontiguous to but subject to the jurisdiction thereof,'' which

appeared twice, were omitted. See section 5 of this title defining

the ''United States.''

Minor changes were made in phraseology.

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 3667 of this title.

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18 USC Sec. 1265 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 59 - LIQUOR TRAFFIC

-HEAD-

Sec. 1265. C.O.D. shipments prohibited

-STATUTE-

Any railroad or express company, or other common carrier which,

or any person who, in connection with the transportation of any

spirituous, vinous, malted, or other fermented liquor, or any

compound containing any spirituous, vinous, malted, or other

fermented liquor fit for use for beverage purposes, into any State,

Territory, District or Possession of the United States, which

prohibits the delivery or sale therein of such liquor, collects the

purchase price or any part thereof, before, on, or after delivery,

from the consignee, or from any other person, or in any manner acts

as the agent of the buyer or seller of any such liquor, for the

purpose of buying or selling or completing the sale thereof, saving

only in the actual transportation and delivery of the same, shall

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

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 762; 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. 389 (Mar. 4, 1909, ch.

321, Sec. 239, 35 Stat. 1136; June 25, 1936, ch. 815, Sec. 7, 49

Stat. 1929).

Changes similar to those made in section 1264 of this title were

also made in this section.

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 3667 of this title.

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