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National Stolen Property Act

National Stolen Property Act

U.S. Code Title 18--Crimes and Criminal Procedure 

Sections 2314 and 2315        

Sec. 2314. Transportation of stolen goods, securities, moneys,
        fraudulent State tax stamps, or articles used in counterfeiting
    Whoever transports, transmits, or transfers in interstate or foreign
commerce any goods, wares, merchandise, securities or money, of the
value of $5,000 or more, knowing the same to have been stolen, converted
or taken by fraud; or
    Whoever, having devised or intending to devise any scheme or
artifice to defraud, or for obtaining money or property by means of
false or fraudulent pretenses, representations, or promises, transports
or causes to be transported, or induces any person or persons to travel
in, or to be transported in interstate or foreign commerce in the
execution or concealment of a scheme or artifice to defraud that person
or those persons of money or property having a value of $5,000 or more;
or
    Whoever, with unlawful or fraudulent intent, transports in
interstate or foreign commerce any falsely made, forged, altered, or
counterfeited securities or tax stamps, knowing the same to have been
falsely made, forged, altered, or counterfeited; or
    Whoever, with unlawful or fraudulent intent, transports in
interstate or foreign commerce any traveler's check bearing a forged
countersignature; or
    Whoever, with unlawful or fraudulent intent, transports in
interstate or foreign commerce, any tool, implement, or thing used or
fitted to be used in falsely making, forging, altering, or
counterfeiting any security or tax stamps, 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.
 
(June 25, 1948, ch. 645, 62 Stat. 806; May 24, 1949, ch. 139, Sec. 45,
63 Stat. 96; July 9, 1956, ch. 519, 70 Stat. 507; Oct. 4, 1961, Pub. L.
87-371, Sec. 2, 75 Stat. 802; Sept. 28, 1968, Pub. L. 90-535, 82 Stat.
885; Nov. 18, 1988, Pub. L. 100-690, title VII, Secs. 7057, 7080, 102
Stat. 4402, 4406; Nov. 29, 1990, Pub. L. 101-647, title XII, Sec. 1208,
104 Stat. 4832; Sept. 13, 1994, Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(K), (L), 108 Stat. 2147.)
                      Historical and Revision Notes
                            1948 Act
    Based on title 18, U.S.C., 1940 ed., Secs. 413, 415, 418, 418a, 419
(May 22, 1934, ch. 333, Secs. 1, 3, 6, 48 Stat. 794, 795; May 22, 1934,
ch. 333, Sec. 7, as added Aug. 3, 1939, ch. 413, Sec. 5, 53 Stat. 1179;
May 22, 1934, ch. 333, Sec. 7, renumbered Sec. 8 by Aug. 3, 1939, ch.
413, Sec. 6, 53 Stat. 1179; Aug. 3, 1939, ch. 413, Secs. 1, 4, 5, 53
Stat. 1178, 1179).
    Section consolidates sections 413, 415, 417, 418, 418a, and 419 of
title 18, U.S.C., 1940 ed.
    Words ``or with intent to steal or purloin, knowing the same to have
been so stolen, converted, or taken'' were omitted as surplusage, since
property so ``taken'' is ``stolen,'' and insertion of word ``knowingly''
after ``Whoever'' at beginning of section renders such omission
possible.
    Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ``principal'' in section 2 of this title.
    Section 413 of title 18, U.S.C., 1940 ed., providing the short title
``National Stolen Property Act,'' was omitted as not appropriate in a
revision.
    Section 414 of title 18, U.S.C., 1940 ed., containing definitions of
``interstate or foreign commerce,'' ``securities,'' and ``money,'' is
incorporated in sections 10 and 2311 of this title.
    Section 417 of title 18, U.S.C., 1940 ed., relating to indictments
and determination of ``value'' of goods, wares, merchandise, securities,
and money referred to in indictments, is also incorporated in section
2311 of this title.
    Section 418 of title 18, U.S.C., 1940 ed., relating to venue, was
omitted as completely covered by section 3237 of this title.
    Section 418a of title 18, U.S.C., 1940 ed., relating to conspiracy,
was omitted as covered by section 371 of this title, the general
conspiracy section.
    Section 419 of title 18, U.S.C., 1940 ed., providing that nothing
contained in the National Stolen Property Act should be construed to
repeal, modify, or amend any part of the National Motor Vehicle Theft
Act, was omitted as unnecessary, in view of this revision and
reenactment of the provisions of the latter act (sections 10, 2311-2313
of this title).
    Changes were made in phraseology and arrangement.
                            1949 Act
    This amendment [see section 45] restates and clarifies the first
paragraph of section 2314 of title 18, U.S.C., to conform to the
original law upon which the section is based.
                               Amendments
    1994--Pub. L. 103-322, Sec. 330016(1)(L), substituted ``fined under
this title'' for ``fined not more than $10,000'' in penultimate par.
    Pub. L. 103-322, Sec. 330016(1)(K), which directed the amendment of
this section by striking ``not more than $5,000'' and inserting ``under
this title'', could not be executed because the phrase ``not more than
$5,000'' did not appear in text.
    1990--Pub. L. 101-647 inserted ``or foreign'' after ``interstate''
in second par.
    1988--Pub. L. 100-690, Sec. 7057(a), substituted ``transports,
transmits, or transfers'' for ``transports'' in first par.
    Pub. L. 100-690, Sec. 7080, inserted ``or persons'' after ``any
person'' and ``or those persons'' after ``that person'' 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.''
    1968--Pub. L. 90-535 prohibited transportation with unlawful or
fraudulent intent in interstate or foreign commerce of traveler's checks
bearing forged countersignatures.
    1961--Pub. L. 87-371 inserted ``or tax stamps'' after ``securities''
in third par. and after ``security'' in fourth par., and ``fraudulent
State tax stamps,'' in section 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.
                            Cross References
    Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
                  Section Referred to in Other Sections
    This section is referred to in sections 1961, 2516 of this title;
title 7 section 12a.
Sec. 2315. Sale or receipt of stolen goods, securities, moneys,
        or fraudulent State tax stamps
    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.
(June 25, 1948, ch. 645, 62 Stat. 806; Oct. 4, 1961, Pub. L. 87-371,
Sec. 3, 75 Stat. 802; Nov. 10, 1986, Pub. L. 99-646, Sec. 76, 100 Stat.
3618; Nov. 18, 1988, Pub. L. 100-690, title VII, Secs. 7048, 7057(b),
102 Stat. 4401, 4402; Nov. 29, 1990, Pub. L. 101-647, title XII,
Sec. 1205(m), 104 Stat. 4831; Sept. 13, 1994, Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(L), 108 Stat. 2147.)
                      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.
                            Cross References
    Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
                  Section Referred to in Other Sections
    This section is referred to in sections 1961, 2516 of this title.
  

 

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