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18 USC CHAPTER 67 - MILITARY AND NAVY 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 67 - MILITARY AND NAVY

.

-HEAD-

CHAPTER 67 - MILITARY AND NAVY

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Sec.

1381. Enticing desertion and harboring deserters.

1382. Entering military, naval, or Coast Guard property.

(1383. Repealed.)

1384. Prostitution near military and naval establishments.

1385. Use of Army and Air Force as posse comitatus.

1386. Keys and keyways used in security applications by the

Department of Defense.

AMENDMENTS

1991 - Pub. L. 102-190, div. A, title X, Sec. 1090(b), Dec. 5,

1991, 105 Stat. 1486, added item 1386.

1990 - Pub. L. 101-647, title XXXV, Sec. 3547, Nov. 29, 1990, 104

Stat. 4926, struck out item 1383 ''Restrictions in military areas

and zones''.

1956 - Act Aug. 10, 1956, ch. 1041, Sec. 18(b), 70A Stat. 626,

inserted item 1385.

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18 USC Sec. 1381 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 67 - MILITARY AND NAVY

-HEAD-

Sec. 1381. Enticing desertion and harboring deserters

-STATUTE-

Whoever entices or procures, or attempts or endeavors to entice

or procure any person in the Armed Forces of the United States, or

who has been recruited for service therein, to desert therefrom, or

aids any such person in deserting or in attempting to desert from

such service; or

Whoever harbors, conceals, protects, or assists any such person

who may have deserted from such service, knowing him to have

deserted therefrom, or refuses to give up and deliver such person

on the demand of any officer authorized to receive him -

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

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103-322, title

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

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 94 (Mar. 4, 1909, ch.

321, Sec. 42, 35 Stat. 1097).

Mandatory punishment provisions were changed to alternative.

Words ''armed forces'' were substituted for repeated references

to military service, naval service, soldier and seamen.

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $2,000'' in last par.

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18 USC Sec. 1382 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 67 - MILITARY AND NAVY

-HEAD-

Sec. 1382. Entering military, naval, or Coast Guard property

-STATUTE-

Whoever, within the jurisdiction of the United States, goes upon

any military, naval, or Coast Guard reservation, post, fort,

arsenal, yard, station, or installation, for any purpose prohibited

by law or lawful regulation; or

Whoever reenters or is found within any such reservation, post,

fort, arsenal, yard, station, or installation, after having been

removed therefrom or ordered not to reenter by any officer or

person in command or charge thereof -

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

months, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 765; Pub. L. 103-322, title

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

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 97 (Mar. 4, 1909, ch.

321, Sec. 45, 35 Stat. 1097; Mar. 28, 1940, ch. 73, 54 Stat. 80).

Reference to territory, Canal Zone, Puerto Rico and the

Philippine Islands was omitted as covered by definition of United

States in section 5 of this title.

Words ''naval or Coast Guard'' were inserted before

''reservation'' and words ''yard, station, or installation'' were

inserted after ''arsenal'' in two places, so as to extend section

to naval or Coast Guard property.

Minor changes were made in phraseology.

AMENDMENTS

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

''fined not more than $500'' in last par.

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TRANSFER OF FUNCTIONS

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

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 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.

Coast Guard transferred to Department of Transportation and all

functions, powers, and duties, relating to Coast Guard, of

Secretary of the Treasury and of other offices and officers of

Department of the Treasury transferred to Secretary of

Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931,

which created the Department of Transportation. See section 108 of

Title 49, Transportation.

Functions of all officers of Department of the Treasury, and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees.

Coast Guard, referred to in this section, was generally a service

in Department of the Treasury, but such Plan excepted from transfer

functions of Coast Guard and Commandant thereof when Coast Guard

was operating as a part of the Navy under sections 1 and 3 of Title

14, Coast Guard.

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18 USC Sec. 1383 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 67 - MILITARY AND NAVY

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(Sec. 1383. Repealed. Pub. L. 94-412, title V, Sec. 501(e), Sept.

14, 1976, 90 Stat. 1258)

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Section, act June 25, 1948, ch. 645, 62 Stat. 765, dealt with

criminal penalties for persons entering, remaining in, leaving, or

committing any act in a military area or zone contrary to

restrictions imposed by Executive Order or Secretary of the Army.

SAVINGS PROVISION

Repeal of this section by Pub. L. 94-412 not to affect any action

taken or proceeding pending at the time of repeal, see section

501(h) of Pub. L. 94-412, set out as a note under section 1601 of

Title 50, War and National Defense.

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18 USC Sec. 1384 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 67 - MILITARY AND NAVY

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Sec. 1384. Prostitution near military and naval establishments

-STATUTE-

Within such reasonable distance of any military or naval camp,

station, fort, post, yard, base, cantonment, training or

mobilization place as the Secretary of the Army, the Secretary of

the Navy, the Secretary of the Air Force, or any two or all of them

shall determine to be needful to the efficiency, health, and

welfare of the Army, the Navy, or the Air Force, and shall

designate and publish in general orders or bulletins, whoever

engages in prostitution or aids or abets prostitution or procures

or solicits for purposes of prostitution, or keeps or sets up a

house of ill fame, brothel, or bawdy house, or receives any person

for purposes of lewdness, assignation, or prostitution into any

vehicle, conveyance, place, structure, or building, or permits any

person to remain for the purpose of lewdness, assignation, or

prostitution in any vehicle, conveyance, place, structure, or

building or leases or rents or contracts to lease or rent any

vehicle, conveyance, place, structure or building, or part thereof,

knowing or with good reason to know that it is intended to be used

for any of the purposes herein prohibited shall be fined under this

title or imprisoned not more than one year, or both.

The Secretaries of the Army, Navy, and Air Force and the Federal

Security Administrator shall take such steps as they deem necessary

to suppress and prevent such violations thereof, and shall accept

the cooperation of the authorities of States and their counties,

districts, and other political subdivisions in carrying out the

purpose of this section.

This section shall not be construed as conferring on the

personnel of the Departments of the Army, Navy, or Air Force or the

Federal Security Agency any authority to make criminal

investigations, searches, seizures, or arrests of civilians charged

with violations of this section.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 765; May 24, 1949, ch. 139, Sec.

35, 63 Stat. 94; 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 title 18, U.S.C., 1940 ed., Sec. 518a (July 11, 1941,

ch. 287, 55 Stat. 583; May 15, 1945, ch. 126, 59 Stat. 168; May 15,

1946, ch. 258, 60 Stat. 182).

The word ''whoever'' was substituted for the words ''person,

corporation, partnership, or association'' in conformity with

section 1 of title 1, U.S.C., 1940 ed., General Provisions, as

amended and without change of substance.

The provisions with reference to punishment of persons subject to

military or naval law as provided in the Articles of War and the

Articles for the Government of the Navy were omitted, as was the

exception of such persons from the punishment provisions of this

section. The Articles of War and Articles for the Government of

the Navy are sufficiently complete in themselves to authorize the

adequate punishment of military or naval personnel for violations

of general criminal statutes as well as for disobedience of

orders. See Articles of War, Article 96, section 1568 of title 10,

U.S.C., 1940 ed., Army, and Articles for the Government of the

Navy, Articles 1, 4, 22, 23, section 1200, of title 34, U.S.C.,

1940 ed., Navy.

The revised section, in this respect, places violations on the

same basis as other misdemeanors in violation of the general

statutes of the United States and authorizes punishment of persons

subject to military or naval law under such law, or in case the

military or naval authorities turn the violator over to the civil

authorities, the trial and punishment may be under the general law.

The phrase ''and/or'' appearing twice in section 581a of title

18, U.S.C., 1940 ed., was deleted to avoid uncertainty and

ambiguity.

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

because of definition of misdemeanor in section 1 of this title.

Changes were made in phraseology.

1949 ACT

This section (section 35) makes the following changes in section

1384 of title 18, U.S.C.:

1. In the first paragraph, substitutes ''Secretary of the Army,

the Secretary of the Navy, the Secretary of the Air Force, and any

two or all of them'' for ''Secretary of the Army or the Secretary

of the Navy, or both'', and substitutes ''Army, the Navy, or the

Air Force,'' for ''Army or the Navy, or both,'', in view of the

establishment in 1947 of the Department of the Air Force, headed by

a Secretary.

2. In the second paragraph, substitutes ''The Secretaries of the

Army, Navy, and Air Force'' for ''The Secretaries of the Army, and

Navy'', for the same reason given in item 1 above.

3. In the third paragraph, substitutes ''Department of the Army,

Navy, or Air Force'' for ''War or Navy Department'' for the same

reason given in item 1 above.

AMENDMENTS

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

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

1949 - Act May 24, 1949, made section applicable to the Air Force

which was established as a separate department in 1947, headed by a

Secretary.

-TRANS-

TRANSFER OF FUNCTIONS

Secretary and Department of Health, Education, and Welfare

redesignated Secretary and Department of Health and Human Services

by section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the

Appendix to Title 5, Government Organization and Employees. Federal

Security Agency and office of Administrator were abolished by

section 8 of Reorg. Plan No. 1 of 1953.

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18 USC Sec. 1385 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 67 - MILITARY AND NAVY

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Sec. 1385. Use of Army and Air Force as posse comitatus

-STATUTE-

Whoever, except in cases and under circumstances expressly

authorized by the Constitution or Act of Congress, willfully uses

any part of the Army or the Air Force as a posse comitatus or

otherwise to execute the laws shall be fined under this title or

imprisoned not more than two years, or both.

-SOURCE-

(Added Aug. 10, 1956, ch. 1041, Sec. 18(a), 70A Stat. 626; amended

Pub. L. 86-70, Sec. 17(d), June 25, 1959, 73 Stat. 144; Pub. L.

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

2147.)

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Historical and Revision Note

---------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1385 10:15. June 18, 1878, ch.

263, Sec. 15, 20

Stat. 152; Mar. 3,

1899, ch. 429, Sec.

363 (proviso);

added June 6, 1900,

ch. 786, Sec. 29

(less last

proviso), 31 Stat.

330.

-------------------------------

This section is revised to conform to the style and terminology

used in title 18. It is not enacted as a part of title 10, United

States Code, since it is more properly allocated to title 18.

AMENDMENTS

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

''fined not more than $10,000''.

1959 - Pub. L. 86-70 struck out provisions which made section

inapplicable in Alaska.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 831 of this title; title 6

section 466.

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18 USC Sec. 1386 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 67 - MILITARY AND NAVY

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Sec. 1386. Keys and keyways used in security applications by the

Department of Defense

-STATUTE-

(a)(1) Whoever steals, purloins, embezzles, or obtains by false

pretense any lock or key to any lock, knowing that such lock or key

has been adopted by any part of the Department of Defense,

including all Department of Defense agencies, military departments,

and agencies thereof, for use in protecting conventional arms,

ammunition or explosives, special weapons, and classified

information or classified equipment shall be punished as provided

in subsection (b).

(2) Whoever -

(A) knowingly and unlawfully makes, forges, or counterfeits any

key, knowing that such key has been adopted by any part of the

Department of Defense, including all Department of Defense

agencies, military departments, and agencies thereof, for use in

protecting conventional arms, ammunition or explosives, special

weapons, and classified information or classified equipment; or

(B) knowing that any lock or key has been adopted by any part

of the Department of Defense, including all Department of Defense

agencies, military departments, and agencies thereof, for use in

protecting conventional arms, ammunition or explosives, special

weapons, and classified information or classified equipment,

possesses any such lock or key with the intent to unlawfully or

improperly use, sell, or otherwise dispose of such lock or key or

cause the same to be unlawfully or improperly used, sold, or

otherwise disposed of,

shall be punished as provided in subsection (b).

(3) Whoever, being engaged as a contractor or otherwise in the

manufacture of any lock or key knowing that such lock or key has

been adopted by any part of the Department of Defense, including

all Department of Defense agencies, military departments, and

agencies thereof, for use in protecting conventional arms,

ammunition or explosives, special weapons, and classified

information or classified equipment, delivers any such finished or

unfinished lock or any such key to any person not duly authorized

by the Secretary of Defense or his designated representative to

receive the same, unless the person receiving it is the contractor

for furnishing the same or engaged in the manufacture thereof in

the manner authorized by the contract, or the agent of such

manufacturer, shall be punished as provided in subsection (b).

(b) Whoever commits an offense under subsection (a) shall be

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

both.

(c) As used in this section, the term ''key'' means any key,

keyblank, or keyway adopted by any part of the Department of

Defense, including all Department of Defense agencies, military

departments, and agencies thereof, for use in protecting

conventional arms, ammunition or explosives, special weapons, and

classified information or classified equipment.

-SOURCE-

(Added Pub. L. 102-190, div. A, title X, Sec. 1090(a), Dec. 5,

1991, 105 Stat. 1485.)

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