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Online Attorney
catchline.
1956 - Act July 9, 1956, inserted par. relating to interstate
transportation of persons in schemes to defraud.
1949 - Act May 24, 1949, substituted "knowing the same to have
been stolen, converted or taken by fraud" for "theretofore stolen,
converted, or taken by fraud" in first par.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2516 of this title;
title 7 section 12a.
-End-
-CITE-
18 USC Sec. 2315 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113 - STOLEN PROPERTY
-HEAD-
Sec. 2315. Sale or receipt of stolen goods, securities, moneys, or
fraudulent State tax stamps
-STATUTE-
Whoever receives, possesses, conceals, stores, barters, sells, or
disposes of any goods, wares, or merchandise, securities, or money
of the value of $5,000 or more, or pledges or accepts as security
for a loan any goods, wares, or merchandise, or securities, of the
value of $500 or more, which have crossed a State or United States
boundary after being stolen, unlawfully converted, or taken,
knowing the same to have been stolen, unlawfully converted, or
taken; or
Whoever receives, possesses, conceals, stores, barters, sells, or
disposes of any falsely made, forged, altered, or counterfeited
securities or tax stamps, or pledges or accepts as security for a
loan any falsely made, forged, altered, or counterfeited securities
or tax stamps, moving as, or which are a part of, or which
constitute interstate or foreign commerce, knowing the same to have
been so falsely made, forged, altered, or counterfeited; or
Whoever receives in interstate or foreign commerce, or conceals,
stores, barters, sells, or disposes of, any tool, implement, or
thing used or intended to be used in falsely making, forging,
altering, or counterfeiting any security or tax stamp, or any part
thereof, moving as, or which is a part of, or which constitutes
interstate or foreign commerce, knowing that the same is fitted to
be used, or has been used, in falsely making, forging, altering, or
counterfeiting any security or tax stamp, or any part thereof -
Shall be fined under this title or imprisoned not more than ten
years, or both.
This section shall not apply to any falsely made, forged,
altered, counterfeited, or spurious representation of an obligation
or other security of the United States or of an obligation, bond,
certificate, security, treasury note, bill, promise to pay, or bank
note, issued by any foreign government. This section also shall not
apply to any falsely made, forged, altered, counterfeited, or
spurious representation of any bank note or bill issued by a bank
or corporation of any foreign country which is intended by the laws
or usage of such country to circulate as money.
For purposes of this section, the term "State" includes a State
of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 87-371, Sec. 3, Oct.
4, 1961, 75 Stat. 802; Pub. L. 99-646, Sec. 76, Nov. 10, 1986, 100
Stat. 3618; Pub. L. 100-690, title VII, Secs. 7048, 7057(b), Nov.
18, 1988, 102 Stat. 4401, 4402; Pub. L. 101-647, title XII, Sec.
1205(m), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 416 (May 22, 1934, ch.
333, Sec. 4, 48 Stat. 795; Aug. 3, 1939, ch. 413, Sec. 2, 53 Stat.
1178).
(See reviser's notes under sections 10, 2311 and 2314 of this
title for explanation of consolidation or omission of other
sections of title 18, U.S.C., 1940 ed., which were derived from the
National Stolen Property Act.)
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $10,000" in fourth par.
1990 - Pub. L. 101-647 inserted par. at end defining "State".
1988 - Pub. L. 100-690, Sec. 7048, substituted "moving as, or
which are a part of, or which constitute interstate or foreign
commerce" for "which have crossed a State or United States boundary
after being stolen, unlawfully converted, or taken" in second par.
Pub. L. 100-690, Sec. 7057(b), struck out "or by a bank or
corporation of any foreign country" after "foreign government" in
last par. and inserted at end "This section also shall not apply to
any falsely made, forged, altered, counterfeited, or spurious
representation of any bank note or bill issued by a bank or
corporation of any foreign country which is intended by the laws or
usage of such country to circulate as money."
1986 - Pub. L. 99-646 substituted "receives, possesses, conceals"
for "receives, conceals" and "which have crossed a State or United
States boundary after being stolen, unlawfully converted, or taken"
for "moving as, or which are part of, or which constitute
interstate or foreign commerce" in first and second pars.
1961 - Pub. L. 87-371 inserted "or tax stamps" after
"securities", wherever appearing, in second par., and "or tax
stamp" after "security", wherever appearing, in third par., and
substituted "moneys, or fraudulent State tax stamps" for "or
monies" in section catchline.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2516 of this title.
-End-
-CITE-
18 USC Sec. 2316 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113 - STOLEN PROPERTY
-HEAD-
Sec. 2316. Transportation of livestock
-STATUTE-
Whoever transports in interstate or foreign commerce any
livestock, knowing the same to have been stolen, shall be fined
under this title or imprisoned not more than five years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98-473, title II,
Sec. 1113, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 419b, 419d (Aug. 18,
1941, ch. 366, Secs. 3, 5, 55 Stat. 631).
This section consolidates sections 419b and 419d of title 18,
U.S.C., 1940 ed.
Definition of "cattle", contained in section 419a(a) of title 18,
U.S.C., 1940 ed., is incorporated in section 2311 of this title.
Definition of "interstate or foreign commerce", constituting
section 419a(b) of title 18, U.S.C., 1940 ed., is incorporated in
section 10 of this title.
The venue provision of said section 419d of title 18, U.S.C.,
1940 ed., was omitted as completely covered by section 3237 of this
title.
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of "principal" in section 2 of
this title.
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $5,000".
1984 - Pub. L. 98-473 substituted "livestock" for "cattle" in
section catchline and text.
-End-
-CITE-
18 USC Sec. 2317 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113 - STOLEN PROPERTY
-HEAD-
Sec. 2317. Sale or receipt of livestock
-STATUTE-
Whoever receives, conceals, stores, barters, buys, sells, or
disposes of any livestock, moving in or constituting a part of
interstate or foreign commerce, knowing the same to have been
stolen, shall be fined under this title or imprisoned not more than
five years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98-473, title II,
Sec. 1114, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 419c, 419d (Aug. 18,
1941, ch. 366, Secs. 4, 5, 55 Stat. 632).
Definitions of "cattle" and "interstate or foreign commerce",
contained in section 419a of title 18, U.S.C., 1940 ed., are
incorporated in sections 10 and 2311 of this title.
Venue provision of said section 419d of title 18, U.S.C., 1940
ed., was omitted as completely covered by section 3237 of this
title.
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $5,000".
1984 - Pub. L. 98-473 substituted "livestock" for "cattle" in
section catchline and text.
-End-
-CITE-
18 USC Sec. 2318 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113 - STOLEN PROPERTY
-HEAD-
Sec. 2318. Trafficking in counterfeit labels for phonorecords,
copies of computer programs or computer program documentation or
packaging, and copies of motion pictures or other audio visual
works, and trafficking in counterfeit computer program
documentation or packaging
-STATUTE-
(a) Whoever, in any of the circumstances described in subsection
(c) of this section, knowingly traffics in a counterfeit label
affixed or designed to be affixed to a phonorecord, or a copy of a
computer program or documentation or packaging for a computer
program, or a copy of a motion picture or other audiovisual work,
and whoever, in any of the circumstances described in subsection
(c) of this section, knowingly traffics in counterfeit
documentation or packaging for a computer program, shall be fined
under this title or imprisoned for not more than five years, or
both.
(b) As used in this section -
(1) the term "counterfeit label" means an identifying label or
container that appears to be genuine, but is not;
(2) the term "traffic" means to transport, transfer or
otherwise dispose of, to another, as consideration for anything
of value or to make or obtain control of with intent to so
transport, transfer or dispose of; and
(3) the terms "copy", "phonorecord", "motion picture",
"computer program", and "audiovisual work" have, respectively,
the meanings given those terms in section 101 (relating to
definitions) of title 17.
(c) The circumstances referred to in subsection (a) of this
section are -
(1) the offense is committed within the special maritime and
territorial jurisdiction of the United States; or within the
special aircraft jurisdiction of the United States (as defined in
section 46501 of title 49);
(2) the mail or a facility of interstate or foreign commerce is
used or intended to be used in the commission of the offense;
(3) the counterfeit label is affixed to or encloses, or is
designed to be affixed to or enclose, a copy of a copyrighted
computer program or copyrighted documentation or packaging for a
computer program, a copyrighted motion picture or other
audiovisual work, or a phonorecord of a copyrighted sound
recording; or
(4) the counterfeited documentation or packaging for a computer
program is copyrighted.
(d) When any person is convicted of any violation of subsection
(a), the court in its judgment of conviction shall in addition to
the penalty therein prescribed, order the forfeiture and
destruction or other disposition of all counterfeit labels and all
articles to which counterfeit labels have been affixed or which
were intended to have had such labels affixed.
(e) Except to the extent they are inconsistent with the
provisions of this title, all provisions of section 509, title 17,
United States Code, are applicable to violations of subsection (a).
-SOURCE-
(Added Pub. L. 87-773, Sec. 1, Oct. 9, 1962, 76 Stat. 775; amended
Pub. L. 93-573, title I, Sec. 103, Dec. 31, 1974, 88 Stat. 1873;
Pub. L. 94-553, title I, Sec. 111, Oct. 19, 1976, 90 Stat. 2600;
Pub. L. 97-180, Sec. 2, May 24, 1982, 96 Stat. 91; Pub. L. 101-647,
title XXXV, Sec. 3567, Nov. 29, 1990, 104 Stat. 4928; Pub. L.
103-272, Sec. 5(e)(10), July 5, 1994, 108 Stat. 1374; Pub. L.
103-322, title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat.
2148; Pub. L. 104-153, Sec. 4(a), (b)(1), July 2, 1996, 110 Stat.
1386, 1387.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-153, Sec. 4(b)(1), substituted "Trafficking in
counterfeit labels for phonorecords, copies of computer programs or
computer program documentation or packaging, and copies of motion
pictures or other audio visual works, and trafficking in
counterfeit computer program documentation or packaging" for
"Trafficking in counterfeit labels for phonorecords and copies of
motion pictures or other audiovisual works" in section catchline.
Subsec. (a). Pub. L. 104-153, Sec. 4(a)(1), substituted "a
computer program or documentation or packaging for a computer
program, or a copy of a motion picture or other audiovisual work,
and whoever, in any of the circumstances described in subsection
(c) of this section, knowingly traffics in counterfeit
documentation or packaging for a computer program," for "a motion
picture or other audiovisual work,".
Subsec. (b)(3). Pub. L. 104-153, Sec. 4(a)(2), inserted "
'computer program'," after " 'motion picture',".
Subsec. (c)(2). Pub. L. 104-153, Sec. 4(a)(3)(A), struck out "or"
at end.
Subsec. (c)(3). Pub. L. 104-153, Sec. 4(a)(3)(B), inserted "a
copy of a copyrighted computer program or copyrighted documentation
or packaging for a computer program," after "enclose," and
substituted "; or" for period at end.
Subsec. (c)(4). Pub. L. 104-153, Sec. 4(a)(3)(C), added par. (4).
1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
title" for "fined not more than $250,000".
Subsec. (c)(1). Pub. L. 103-272 substituted "section 46501 of
title 49" for "section 101 of the Federal Aviation Act of 1958".
1990 - Pub. L. 101-647 struck out comma after "phonorecords" in
section catchline.
1982 - Pub. L. 97-180 substituted "Trafficking in counterfeit
labels for phonorecords, and copies of motion pictures or other
audiovisual works" for "Transportation, sale or receipt of
phonograph records bearing forged or counterfeit labels" in section
catchline.
Subsec. (a). Pub. L. 97-180 substituted provision that violators
of this section shall be fined not more than $250,000 or imprisoned
for not more than five years or both for provision that whoever
knowingly and with fraudulent intent transported, caused to be
transported, received, sold, or offered for sale in interstate or
foreign commerce any phonograph record, disk, wire, tape, film, or
other article on which sounds were recorded, to which or upon which
was stamped, pasted, or affixed any forged or counterfeited label,
knowing the label to have been falsely made, forged, or
counterfeited would be fined not more than $10,000 or imprisoned
for not more than one year, or both, for the first such offense and
would be fined not more than $25,000 or imprisoned for not more
than two years, or both, for any subsequent offense.
Subsecs. (b) to (e). Pub. L. 97-180 added subsecs. (b) and (c),
redesignated former subsecs. (b) and (c) as (d) and (e),
respectively, and in subsec. (d) as so redesignated struck out the
comma after "judgment of conviction shall".
1976 - Pub. L. 94-553 designated existing provisions as subsec.
(a) and substituted "$10,000" for "$25,000" and "$25,000" for
"$50,000", and added subsecs. (b) and (c).
1974 - Pub. L. 93-573 substituted "not more than $25,000 or
imprisoned for not more than one year, or both, for the first
offense and shall be fined not more than $50,000 or imprisoned not
more than 2 years, or both, for any subsequent offense" for "not
more than $1,000 or imprisoned not more than one year or both".
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section
102 of Pub. L. 94-553, set out as a note preceding section 101 of
Title 17, Copyrights.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2320 of this title;
title 19 section 1595a; title 49 section 80302.
-End-
-CITE-
18 USC Sec. 2319 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113 - STOLEN PROPERTY
-HEAD-
Sec. 2319. Criminal infringement of a copyright
-STATUTE-
(a) Whoever violates section 506(a) (relating to criminal
offenses) of title 17 shall be punished as provided in subsections
(b) and (c) of this section and such penalties shall be in addition
to any other provisions of title 17 or any other law.
(b) Any person who commits an offense under section 506(a)(1) of
title 17 -
(1) shall be imprisoned not more than 5 years, or fined in the
amount set forth in this title, or both, if the offense consists
of the reproduction or distribution, including by electronic
means, during any 180-day period, of at least 10 copies or
phonorecords, of 1 or more copyrighted works, which have a total
retail value of more than $2,500;
(2) shall be imprisoned not more than 10 years, or fined in the
amount set forth in this title, or both, if the offense is a
second or subsequent offense under paragraph (1); and
(3) shall be imprisoned not more than 1 year, or fined in the
amount set forth in this title, or both, in any other case.
(c) Any person who commits an offense under section 506(a)(2) of
title 17, United States Code -
(1) shall be imprisoned not more than 3 years, or fined in the
amount set forth in this title, or both, if the offense consists
of the reproduction or distribution of 10 or more copies or
phonorecords of 1 or more copyrighted works, which have a total
retail value of $2,500 or more;
(2) shall be imprisoned not more than 6 years, or fined in the
amount set forth in this title, or both, if the offense is a
second or subsequent offense under paragraph (1); and
(3) shall be imprisoned not more than 1 year, or fined in the
amount set forth in this title, or both, if the offense consists
of the reproduction or distribution of 1 or more copies or
phonorecords of 1 or more copyrighted works, which have a total
retail value of more than $1,000.
(d)(1) During preparation of the presentence report pursuant to
Rule 32(c) of the Federal Rules of Criminal Procedure, victims of
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