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TITLE 18.-CRIMES AND CRIMINAL PROCEDURE

This title was enacted by act June 25, 1948, ch. 645, 62 Stat. 683

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The Bureau of Narcotics and Dangerous Drugs, including the office of Director thereof, in the Department of Justice, referred to in Ex. Ord. No. 11534, was abolished by Reorg. Plan No. 2 of 1973, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. 2 of 1973 also created in the Department of Justice a single, comprehensive agency for the enforcement of drug laws to be known as the Drug Enforcement Administration, empowered the Attorney General to authorize the performance by officers, employees, and agencies of the Department of functions transferred to him, and directed the Attorney General to coordinate all drug law enforcement functions to assure maximum cooperation between the Drug Enforcement Administration, the Federal Bureau of Investigation, and the other units of the Department of Justice involved in drug law enforcement. § 1. Offenses classified.

SECTION REFERRED TO IN OTHER SECTIONS This section is refered to in sections 3156, 3172 of this title.

§ 2. Principals.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1962 of this title; title 49 section 1473.

Chapter 3.—ANIMALS, BIRDS, FISH, AND PLANTS § 44. Marking packages or containers.

Whoever ships, transports, carries, brings or conveys in interstate or foreign commerce any package containing any wild mammal, wild bird, amphibian, or reptile, or any mollusk or crustacean, or the dead body or parts or eggs thereof, without plainly marking, labeling, or tagging such package with the names and addresses of the shipper and consignee and with an accurate statement showing the contents by number and kind; or

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official guests" for "Assaulting certain foreign diplomatic and other official personnel" in item 112.

§ 112. Protection of foreign officials and official guests. (a) Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official or official guest shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

(b) Whoever willfully intimidates, coerces, threatens, or harasses a foreign official or an official guest, or willfully obstructs a foreign official in the performance of his duties, shall be fined not more than $500, or imprisoned not more than six months, or both.

(c) Whoever within the United States but outside the District of Columbia and within one hundred feet of any building or premises belonging to or used or occupied by a foreign government or by a foreign official for diplomatic or consular purposes, or as a mission to an international organization, or as a residence of a foreign official, or belonging to or used or occupied by an international organization for official business or residential purposes, publicly

(1) parades, pickets, displays any flag, banner, sign, placard, or device, or utters any word, phrase, sound, or noise, for the purpose of intimidating, coercing, threatening, or harassing any foreign official or obstructing him in the performance of his duties, or

(2) congregates with two or more other persons with the intent to perform any of the aforesaid acts or to violate subsection (a) or (b) of this section,

shall be fined not more than $500, or imprisoned not more than six months, or both.

(d) For the purpose of this section "foreign official", "foreign government", "international organization", and "official guest" shall have the same meanings as those provided in sections 1116 (b) and (c) of this title.

(e) Nothing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States. (As amended Oct. 24, 1972, Pub. L. 92-539, title III, § 301, 86 Stat. 1072.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-539 substituted "Protection of foreign officials and official guests" for "Assaulting certain foreign diplomatic and other official personnel" in the section catchline, designated existing provisions as subsec. (a) and, in subsec. (a) as so designated, substituted "a foreign official or official guest" for "the per

son of a head of foreign state or foreign government, foreign minister, ambassador or other public minister" and "act" for "acts".

Subsecs. (b)-(e). Pub. L. 92-539 added subsecs. (b)-(e).

SHORT TITLE

Section 1 of Pub. L. 92-539 provided: "That this Act [enacting sections 970, 1116 and 1117 of this title, amending this section and section 1201 of this title, and enacting provisions set out as notes under this section] may be cited as the 'Act for the Protection of Foreign Officials and Official Guests of the United States'."

CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY Section 2 of Pub. L. 92-539 provided that:

"The Congress recognizes that from the beginning of our history as a nation, the police power to investigate, prosecute, and punish common crimes such as murder, kidnaping, and assault has resided in the several States, and that such power should remain with the States.

"The Congress finds, however, that harassment, intimidation, obstruction, coercion, and acts of violence committed against foreign officials or their family members in the United States or against official guests of the United States adversely affect the foreign relations of the United States.

"Accordingly, this legislation is intended to afford the United States jurisdiction concurrent with that of the several States to proceed against those who by such acts interfere with its conduct of foreign affairs."

FEDERAL PREEMPTION

Section 3 of Pub. L. 92-539 provided: "Nothing contained in this Act [enacting sections 970, 1116 and 1117 of this title, amending this section and section 1201 of this title, and enacting provisions set out as notes under this section] shall be construed to indicate an intent on the part of Congress to occupy the field in which its provisions operate to the exclusion of the laws of any State, Commonwealth, territory, possession, or the District of Columbia on the same subject matter, nor to relieve any person of any obligation imposed by any law of any State, Commonwealth, territory, possession, or the District of Columbia."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 2667.

Chapter 11.-BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 1942. § 201. Bribery of public officials and witnesses. (a) For the purpose of this section:

"person who has been selected to be a public official" means any person who has been nominated or appointed to be a public official, or has been officially informed that he will be so nominated or appointed; and

CODIFICATION

Provisions of subsec. (a) of this section have been set out in this Supplement to correct a typographical error. Ex. ORD. No. 11222. STANDARDS OF ETHICAL CONDUCT FOR GOVERNMENT OFFICERS AND EMPLOYEES

Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469, as amended by Ex. Ord No. 11590, Apr. 23, 1971, 36 F.R. 7831, provided:

By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

SEC. 706. This Order shall be applicable to the United States Postal Service established by the Postal Reorganization Act of 1970 [Title 39, Postal Service].

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1961, 2516 of this title; title 12 section 1457.

§ 202. Definitions.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 984.

§§ 205, 207.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 25 section 4501.

§ 208. Acts affecting a personal financial interest.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 763.
SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 1-828 of the District of Columbia Code.

§ 224. Bribery in sporting contests.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1961 of this title.

Chapter 12.-CIVIL DISORDERS

§ 232. Definitions.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 sections 1472, 1806.

Chapter 18.-CONGRESSIONAL ASSASSINATION, KIDNAPING, AND ASSAULT

§ 351. Congressional assassination, kidnaping, and assault; penalties.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2516 of this title.

Chapter 19.-CONSPIRACY

§ 371. Conspiracy to commit offense or to defraud United States.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 42 section 3793.

Chapter 25.-COUNTERFEITING AND FORGERY §§ 471 to 473.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in section 1961 of this title.

§ 500. Money orders.

Whoever, with intent to defraud, falsely makes, forges, counterfeits, engraves, or prints any order in imitation of or purporting to be a blank money order or a money order issued by or under the direction of the Post Office Department or Postal Service; or

Whoever forges or counterfeits the signature or initials of any person authorized to issue money orders upon or to any money order, postal note, or blank therefor provided or issued by or under the direction of the Post Office Department or Postal Service, or post office department or corporation of any foreign country, and payable in the United States, or any material signature or indorsement thereon, or any material signature to any receipt or certificate of identification thereof; or

Whoever falsely alters, in any material respect, any such money order or postal note; or

Whoever, with intent to defraud, passes, utters or publishes or attempts to pass, utter or publish any

such forged or altered money order or postal note, knowing any material initials, signature, stamp impression or indorsement thereon to be false, forged, or counterfeited, or any material alteration therein to have been falsely made; or

Whoever issues any money order or postal note without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the United States or Postal Service, or any officer, employee, or agent thereof, any sum of money whatever; or Whoever embezzles, steals, or knowingly converts to his own use or to the use of another, or without authority converts or disposes of any blank money order form provided by or under the authority of the Post Office Department or Postal Service; or

Whoever receives or possesses any such money order form with the intent to convert it to his own use or gain or use or gain of another knowing it to have been embezzled, stolen or converted; or

Whoever, with intent to defraud the United States, the Postal Service, or any person, transmits, presents, or causes to be transmitted or presented, any money order or postal note knowing the same

(1) to contain any forged or counterfeited signature, initials, or any stamped impression, or (2) to contain any material alteration therein unlawfully made, or

(3) to have been unlawfully issued without previous payment of the amount required to be paid upon such issue, or

(4) to have been stamped without lawful authority; or

Whoever steals, or with intend to defraud or without being lawfully authorized by the Post Office Department or Postal Service, receives, possesses, disposes of or attempts to dispose of any postal money order machine or any stamp, tool, or instrument specifically designed to be used in preparing or filling out the blanks on postal money order forms—

Shall be fined not more than $5,000 or imprisoned not more than five years, or both. (As amended Sept. 23, 1972, Pub. L. 92-430, 86 Stat. 722.)

AMENDMENTS

1972-Pub. L. 92-430 substituted "a blank money order or a money order issued by or under the direction of" for "a money order issued by" and struck out ", or by any officer or employee thereof" in the first par.; substituted "or initials of any person authorized to issue money orders" for "of any officer or employee of the Postal Service," in the second par.; inserted "or attempts to pass, utter or publish" preceding "any such forged" and substituted "material initials, signature, stamp impression" for "material signature" in the fourth par.; inserted "or Postal Service" following "the United States" in the fifth par.; added sixth and seventh pars.; inserted “, the Postal Service" following "the United States", and substituted "presents, or causes to be transmitted or presented, any money order" for "or presents to any officer or employee, or at any office of the United States, any money order" and designated material following "knowing the same" as cls. (1)–(3) with minor changes and added cl. (4) in eighth par.; added ninth par., and enacted provisions of former seventh par. as tenth par.

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1974-Pub. L. 93-443, title I, § 101 (d) (4) (B), (f) (3), Oct. 15, 1974, 88 Stat. 1267, 1268, substituted in item 613 "Contributions by foreign nationals" for "Contributions by agents of foreign principals", and added items 614 to 617.

1972-Pub. L. 92–225, title II, § 207, Feb. 7, 1972, 86 Stat. 11, substituted "contributions and expenditures" for "political contributions and purchases" in item 608, "Repealed" for "Maximum contributions and expenditures" in item 609, and "Government contractors" for "firms or individuals contracting with the United States" in item 611.

CROSS REFERENCES

Penalties for violations, see section 441 of Title 2, The Congress.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 2 section 437g. § 591. Definitions.

Except as otherwise specifically provided, when used in this section and in sections 597, 599, 600, 602, 608, 610, 611, 614, 615, and 617 of this title—

(a) "election" means (1) a general, special, primary, or runoff election, (2) a convention or caucus of a political party held to nominate a candidate, (3) a primary election held for the selection of delegates to a national nominating convention of a political party, or (4) a primary election held for the expression of a preference for the nomination of persons for election to the office of President;

(b) "candidate" means an individual who seeks nomination for election, or election, to Federal office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal office, if he has (1) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, or (2) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office;

(c) "Federal office" means the office of PresiIdent or Vice President of the United States, or Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States;

(d) "political committee” means any committee, club, association, or other group of persons which

receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000;

(e) "contribution"

(1) means a gift, subscription, loan, advance, or deposit of money or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, which shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance thereof that each endorser or guarantor bears to the total number of endorsers or guarantors), made for the purpose of influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President of the United States:

(2) means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for such purposes;

(3) means funds received by a political committee which are transferred to such committee from another political committee or other source;

(4) means the payment, by any person other than a candidate or a political committee, of compensation for the personal services of another person which are rendered to such candidate or political committee without charge for any such purpose; but

(5) does not include—

(A) the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee;

(B) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for candidate-related activities;

(C) the sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor;

(D) any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate, or

(E) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee

is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; to the extent that the cumulative value of activities by any person on behalf of any candidate under each of clauses (B), (C), and (D) does not exceed $500 with respect to any election; (f) "expenditure”—

(1) means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business), made for the purpose of influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President of the United States;

(2) means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any expenditure; and

(3) means the transfer of funds by a political committee to another political committee; but (4) does not include

(A) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate;

(B) nonpartisan activity designed to encourage individuals to register to vote or to vote;

(C) any communication by any membership organization or corporation to its members or stockholders, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any person to Federal office;

(D) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a services on the individual's residential premises for candidate-related activities;

(E) any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate;

(F) any communication by any person which is not made for the purpose of influencing the nomination for election, or election, of any person to Federal office;

(G) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample

ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising;

(H) any costs incurred by a candidate in connection with the solicitation of contributions by such candidate, except that this clause shall not apply with respect to costs incurred by a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 608 (c) of this title; or

(I) any costs incurred by a political committee (as such term is defined by section 608 (b) (2) of this title) with respect to the solicitation of contributions to such political committee or to any general political fund controlled by such political committee, except that this clause shall not apply to exempt costs incurred with respect to the solicitation of contributions to any such political committee made through broadcasting stations, newspapers, magazines, outdoor advertising facilities, and other similar types of general public political advertising;

to the extent that the cumulative value of activities by any individual on behalf of any candidate under each of clauses (D) or (E) does not exceed $500 with respect to any election;

(g) "person" and "whoever" mean an individual, partnership, committee, association, corporation, or any other organization or group of persons;

(h) "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; and

(i) "political party" means any association, committee, or organization which nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization;

(j) "State committee” means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Federal Election Commission;

(k) "national committee" means the organization which, by virtue of the bylaws of the political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Federal Election Commission established under section 310(a) of the Federal Election Campaign Act of 1971; and

(1) "principal campaign committee" means the principal campaign committee designated by a

candidate under section 302(f) (1) of the Federal Election Campaign Act of 1971.

(As amended Feb. 7, 1972, Pub. L. 92-225, title II, § 201, 86 Stat. 8; Oct. 15, 1974, Pub. L. 93-443, title I, §§ 101(f) (2), 102, 88 Stat. 1268, 1269.)

REFERENCES IN TEXT

Section 310(a) of the Federal Election Campaign Act of 1971, referred to in subsec. (k), is classified to section 437c (a) of Title 2, The Congress.

Section 302(f) (1) of the Federal Elections Campaign Act of 1971, referred to in subsec. (1), is classified 432(f) (1) of Title 2.

AMENDMENTS

1974-Pub. L. 93-443, § 101(f) (2), in introductory text, inserted "Except as otherwise specifically provided," and references to sections 614, 615, and 617 of this title.

Subsec. (a). Pub. L. 93-443, § 102(a), deleted cl. (5) which included in the definition of "election", the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States.

Subsec. (d). Pub. L. 93-443, § 102(b), inserted reference to "club," preceding "association", deleted reference to "individual," preceding "committee" and substituted "other group of persons" and "receives" for "organization" and" accepts".

Subsec. (e). Pub. L. 93-443, § 102(c), transferred the word "means" following introductory word "contribution" to become the initial word in pars. (1) to (4); in par. (1), inserted parenthetical text ", which shafi be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance thereof that each endorser or guarantor bears to the total number of endorsers or guarantors" following "course of business", substituted "or for the purpose of influencing the results of a primary" for ", for the purpose of influencing the results of a primary" and "President of the United States" for "President" and deleted end text reading ", or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States"; substituted in par. (3) "funds received by a political committee which are transferred to such committee from another political committee or other source" for "transfer of funds between political committees"; substituted in par. (4) "but" for "and"; and incorporated existing par. (5) in provisions designated as subpar. (A) of par. (5) and added subpars. (B) to (D) thereto.

Subsec. (f). Pub. L. 93-443, § 102(d), transferred the word "means" following introductory word "expenditure" to become the initial word in pars. (1) to (3); in par. (1), substituted "or for the purpose of influencing the results of a primary" for ", for the purpose of influencing the result of a primary" and "President of the United States" for "President" and deleted end text reading ", or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States"; substituted in par. (3) "the transfer of funds by a political committee to another political committee; but" for "a transfer of funds between political committees;"; and added par. (4). Subsecs. (i) to (1). Pub. L. 93-443, § 102(e), added subsecs. (i) to (1).

1972-Pub. L. 92-225, in opening text, inserted reference to sections 600, 608, and 611, and eliminated reference to section 609 of this title.

Subsec. (a). Pub. L. 92-225 substituted provision redefining "election" and designated as subsec. (a) for prior provision stating that "'election' includes a general or special election, but does not include a primary election or convention of a political party".

Subsec. (b). Pub. L. 92-225 substituted provision redefining "candidate" and designated as subsec. (b) for prior provision stating that "'candidate' means an individual whose name is presented for election as Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected".

Subsec (c). Pub. L. 92-225 added provisions defining "Federal office".

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