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CHAPTER 15

CRIMINAL CODE

Enlistment in foreign armies, 791a. (Crimi- , Unlawfully entering military reservation, nal Code, sec. 10.)

816. (Criminal Code, sec. 45.) Use of armed forces; enterprises against for- Robbery or larceny of personal property of

eign states, 792. (Criminal Code, sec. the United States, 817. (Criminal Code, 14.)

sec. 46.) Expulsion or detention of foreign vessels, Embezzling public moneys or other property, 793. (Criminal Code, sec. 15.)

818. (Criminal Code, sec. 47.) Presence of troops at polls, 794. (Criminal

Receiving stolen public property, 819. Code, sec. 22.)

(Criminal Code, sec. 48.) Coercion of voters, 795. (Criminal Code,

Timber depredations on public lands, 820. sec. 23.)

(Criminal Code, sec. 50.) Prescribing qualification of voters, 796.

Boxing trees for turpentine, 821. (Criminal (Criminal Code, sec. 24.)

Code, sec. 51.) Coercion of an election official, 797. (Criminal Code, sec. 25.)

Breaking inclosure of reserved lands, 822.

(Criminal Code, sec. 56.) Additional penalty for interference with elections, 798. (Criminal Code, sec. 26.)

Removal of marks of survey, 823. (Criminal Forging, or altering public records, 799.

Code, sec. 57.) (Criminal Code, sec. 28.)

Injury to telegraph systems, 824. (Criminal Forging or altering deeds or powers of attor- Code, sec. 60.)

ney, 800. (Criminal Code, sec. 29.) Forging or counterfeiting Government transPossession of false papers, 801. (Criminal portation requests, 824a. Code, sec. 30.)

Extortion, 825. (Criminal Code, sec. 85.) Oficer making false acknowledgments, 802. Requiring receipt for a sum larger than paid, (Criminal Code, sec. 31.)

826. (Criminal Code, sec. 86.) Impersonating an officer, 803. (Criminal Conversion by a disbursing officer, 827. Code, sec. 32.)

(Criminal Code, sec. 87.) Impersonating the holder of public stocks or Unlawful use of public moneys by custodians,

pensioner, 804. (Criminal Code, sec. 33.) 828. (Criminal Code, sec. 89.) False demand on fraudulent power of attor- Failure to render accounts, 829. (Criminal ney, 805. (Criminal Code, sec. 34.)

Code, sec. 90.) False claims against the United States, 806. Failure to deposit public money, 830. (Criminal Code, sec. 35.)

(Criminal Code, sec. 91.) Purchase or receipt in pledge of property is- General liability for public money, 831.

sued to a soldier, 807. (Criminal Code, (Criminal Code, sec. 92.) sec. 35.)

Record evidence of embezzlement, 832. Embezzlement of military stores, 808. (Criminal Code, sec. 93.) (Criminal Code, sec. 36.)

Prima facie evidence of embezzlement, 833. Conspiring to commit offense against United (Criminal Code, sec. 94.)

States, 809. (Criminal Code, sec. 37.) Evidence of conversion, 834. (Criminal Code, Bribery, 810. (Criminal Code, sec. 39.)

sec. 95.) Culawfully taking or using papers pertaining Embezzlement by internal revenue officer, 835.

to claims, 811. (Criminal Code, sec. 40.) (Criminal Code, sec. 97.) Interested persons acting as

Government Officer contracting beyond specific appropriaagents, 812. (Criminal Code, sec. 41.) tions, 836.

(Criminal Code, sec. 98.) Enticing, persuading, or aiding to desert, 813. Failure to make returns or reports, 837, (Criminal Code, sec. 42.)

(Criminal Code, sec. 101.) Esticing workmen, 814.

(Criminal Code, False entries in public records, 837a. sec. 43.)

Trading in public funds or property, 838. Injuries to fortifications or harbor defenses ; (Criminal Code, sec. 103.)

areas, 815. (Criminal Making false certificate, 839. (Criminal Code, sec. 44.)

Code, sec. 106.)

defensive sea

Prosecution of claims against the United | Political contributions Continued.

States, 840. (Criminal Code, sec. 109.) Changing official status for making or Member of Congress or officer aiding in ob

withholding, 849. (Criminal Code, taining contract, 841. (Criminal Code,

sec. 120.) sec. 112.)

Making to officials, 850. (Criminal Code, Member of Congress or officer receiving pay sec. 121.)

in matters affecting United States, 842. Penalty, 851. (Criminal Code, sec. 122.) (Criminal Code, sec. 113.)

Destroying public records, 852. (Criminal Member of Congress interested in contracts, Code, sec. 128.) 843. (Criminal Code, sec, 114.)

Destruction of public records by custodian, Making official contract with Member of Con- 853. (Criminal Code, sec. 129.) gress, 844.

(Criminal Code, sec. 115.) Transportation of high explosives, 854, Contracts not affected, 845. (Criminal Code, (Criminal Code, sec. 232.) sec. 116.)

Jurisdiction of Federal courts over crimes, Accepting a bribe, 846. (Criminal Code, sec. 855. (Criminal Code, sec. 272.) 117.)

Arson or injury of arsenals, etc. 856, Political contributions :

(Criminal Code, sec. 286.) Solicitation, 847. (Criminal Code, sec. Laws of States adopted for punishing criminal 118.)

acts, 857. (Criminal Code, sec. 289.) Receipt, 848. (Criminal Code, sec. 119.)

791a. Enlistment in foreign armies (Criminal Code, sec. 10).—Whoever, within the territory or jurisdiction of the United States, enlists or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, State, colony, district, or people as a soldier or as a marine or seaman on board of any vessel of war, letter of marque, or privateer, shall be fined not more than $1,000 and imprisoned not more than three years: Provided, That this section shall not apply to citizens or subjects of any country engaged in war with a country with which the United States is at war, unless such citizen or subject of such foreign country shall hire or solicit a citizen of the United States to enlist or go beyond the jurisdiction of the United States with intent to enlist or enter the service of a foreign country. Enlistments under this proviso shall be under regulations prescribed by the Secretary of War. Sec. 10, act of Mar. 4, 1909 (35 Stat. 1089); act of May 7, 1917 (40 Stat, 39); 18 U. S. C. 22.

792. Use of armed forces; enterprises against foreign states (Criminal Code, sec. 14).-The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this chapter; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this chapter, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or

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of any colony, district, or people with whom the United States are at peace. Sec. 14, act of Mar. 4, 1909 (35 Stat. 1090); 18 U.S. C. 26.

793. Expulsion or detention of foreign vessels (Criminal Code, sec. 15).--It shall be lawful for the President to employ such part of the land or naval forces of the United States, or of the militia thereof, as he may deem necessary to compel any foreign vessel to depart from the United States or any of its possessions in all cases in which, by the law of nations or the treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases in which, by the law of nations or the treaties of the United States, it is not entitled to depart. Sec. 15, act of Mar. 4, 1909 (35 Stat. 1091); sec. 10, Title V, act of June 15, 1917 (40 Stat. 223); 18 U. 8. O. 27.

794. Presence of troops at polls (Criminal Code, sec. 22).-Every officer of the
Army or Navy, or other person in the civil, military, or naval service of the United
States, who orders, brings, keeps, or has under his authority or control any troops
or armed men at any place where a general or special election is held in any State,
unless such force be necessary to repel armed enemies of the United States, shall
be fined not more than five thousand dollars and imprisoned not more than five
years. Sec. 22, act of Mar. 1, 1909 (35 Stat. 1092); 18 U. S. C. 55.

795. Coercion of voters (Criminal Code, sec. 23).-Every officer or other per-
son in the military or naval service of the United States who, by force, threat,
intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any
qualified voter of any State from freely exercising the right of suffrage at any
general or special election in such State shall be fined not more than five thousand
dollars and imprisoned not more than five years. Scc. 23, act of Mar. 4, 1909
(35 Stat. 1092); 18 U. S. C. 56.

796. Prescribing qualification of voters (Criminal Code, sec. 24).—Every officer
of the Army or Navy who prescribes or fixes, or attempts to prescribe or fix,
whether by proclamation, order, or otherwise, the qualifications of voters at any
election in any State shall be punished as provided in the preceding section,
Sec. 24, act of Mar. 4, 1909 (35 Stat. 1092); 18 U. 8. C. 57.

797. Coercion of an election official (Criminal Code, sec. 25).-Every officer or
other person in the military or naval service of the United States who, by force,
threat, intimidation, order, or otherwise, compels, or attempts to compel, any
officer holding an election in any State to receive a vote from a person not legally
qualified to vote, or who imposes, or attempts to impose, any regulations for con-
ducting any general or special election in a State different from those prescribed
hy law, or who interferes in any manner with any officer of an election in the dis-
charge of his duty, shall be punished as provided in section twenty-three. Sec. 25,
act of blar. 4, 1909 (35 Stat. 1092); 18 U. 8. C. 58.
798. Additional penalty for interference with elections (Criminal Code, sec.
26).-Every person convicted of any offense defined in the four preceding sections
shall, in addition to the punishment therein prescribed, be disqualified from hold-
ing any office of honor, profit, or trust under the United States; but nothing therein
shall be construed to prevent any officer, soldier, sailor, or marine from exercising
the right of suffrage in any election district to which he may belong, if otherwise
qualified according to the laws of the State in which he offers to vote. Sec. 26,
act of Mar. 4, 1909 (35 Stat. 1093); 18 U. S. C. 59.
799. Forging or altering public records (Criminal Code, sec. 28).—Whoever
shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely
made, altered, forged, or counterfeited, or willingly aid, or assist in the false

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making, altering, forging, or counterfeiting, any bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or shall utter or publish as true, or cause to be uttered or published as true, or have in his possession with the intent to utter or publish as true, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States, knowing the same to be false, forged, altered, or counterfeited; or shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, the office of any officer of the United States, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited for the purpose of defrauding the United States, shall be fined not more than one thousand dollars, or imprisoned not more than ten years, or both. Sec. 28, act of Mar. 4, 1909 (35 Stat. 1094); 18 U. 8. C. 72.

Notes of Decisions

False or forged affidavits.--Acquittal on Application to Civil Service Commission.count charging falsely making affidavit held The making of false statements in written consistent with conviction for uttering and application for civil service examination is publishing and presenting it to clerk of court. not within this section. U. S, ex rel. Starr Martin v. U. S. (C. C. A., 1927), 22 F. (20) v. Mulligan (C. C. A., 1932), 59 F. (20) 200. 410.

Evidence.--Evidence regarding conversaLetters facilitating fraud against immigration between alien and American consul in tion laws.-Defendant's acts in sending which alien used misstatements defendant forged letter to the American consul offering advised, through letter, to defraud United alien employment to cause him to authenti. States, held admissible. Goldsmith v. U. S., cate passport for alien held within condem- (C. C. A., 1930), 42 F. (20) 133, certiorari nation of this section relating to defrauding denied (1930), 282 U. S. 837. United States. Goldsmith v. U. S. (C. C. A., Evidence held sufficient to sustain convic1930), 42 F. (20) 133, certiorari denied tion for transmitting forged letter to Ameri(1930), 282 U. S. 837.

can consul to cause him to authenticate pass

port and thereby defrauding. Id. 800. Forging or altering deeds or powers of attorney (Criminal Code, sec. 29).Whoever shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid or assist in the false making, altering, forging, or counterfeiting, any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive, from the United States, or any of their officers or agents, any sum of money; or whoever shall utter or publish as true, or cause to be uttered or published as true, any such false, forged, altered, or counterfeited deed, power of attorney, order, certificate, receipt, contract, or other writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or whoever shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, any oflice or officer of the Government of the United States, any deed, power of attorney, order, certificate, receipt, contract, or other writing, in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited, shall be fined not more than one thousand dollars and imprisoned not more than ten years. Sec. 29, act of Mar. 1, 1909 (35 Stat. 109.1); 18 U, S. C. 73.

801. Possession of false papers (Criminal Code, sec. 30).-Whoever, knowingly and with intent to defraud the United States, shall have in his possession any false, altered, forged, or counterfeited deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of enabling another to obtain from the United States, or from any officer or agent thereof, any sum of money, shall be fined not more than five hundred dollars, or imprisoned not more than five years, or both. Sec. 30, act of Mar. 4, 1909 (35 Stat. 1094); 18 U. 8. C. 74.

802. Officer making false acknowledgments (Criminal Code, sec. 31).-Whoever, being an officer authorized to administer oaths or to take and certify acknowledgments, shall knowingly make any false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter, submitted to, made with, or taken on behalf of, the United States, and concerning which an oath or affirmation is required by law or regulation made in pursuance of law, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both. Sec. 31, act of Mar. 4, 1909 (35 Stat, 1094); 18 U. 8. C. 75.

803. Impersonating an officer (Criminal Code, sec. 32).--Whoever, with intent to defraud either the United States or any person, shall falsely assume or pretend to be an officer or employee acting under the authority of the United States, or any department, or any officer of the Government thereof, or under the authority of any corporation owned or controlled by the United States, and shall take upon himself to act as such, or shall in such pretended character demand or obtain from any person or from the United States, or any department, or any officer of the Government thereof, or any corporation owned or controlled by the United States, any money, paper, document, or other valuable thing, shall be fined not more than $1,000 or imprisoned not more than three years, or both. Sec. 32, act of Mar. 4, 1909 (35 Stat. 1095); act of Feb. 28, 1938 (52 Stat, 82); 18 U. 8. C. 76.

Whoever not being an officer, agent, or employee of the United States shall falsely represent himself to be such officer, agent, or employee, and in such assumed character shall arrest or detain any person, or shall in any manner search the person, buildings, or other property of any person, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000, or imprisoned for not more than one year, or by both such fine and imprisonment. Sec. 6, act of Nov. 23, 1921 (42 Stat. 224); 18 U.S. C. 77.

804. Impersonating the holder of public stocks or pensioner (Criminal Code, sec. 33);-Whoever shall falsely personate 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, prize money, wages, or other debt due from the United States, and, under color of such false personation, shall transfer or endeavor to transfer such public stock or any part thereof, or shall receive or endeavor 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, prize money, wages, or other debt, shall be fined not more than five thousand dollars and imprisoned not more than ten years. Sec. 33, act of Mar. 4, 1909 (35 Stat. 1095); 18 U. S. 0. 78.

805. False demand on fraudulent power of attorney (Criminal Code, sec. 34).Whoever shall knowingly or fraudulently demand or endeavor to obtain any sbare or sum in the public stocks of the United States, or to have any part thereof transferred, assigned, sold, or conveyed, or to have any annuity, dividend, pension, prize money, wages, or other debt due from the United States,

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