June 25, 1948, ch. 645 62 Stat. 684 Oct. 31, 1951, ch. 655, § 17b 65 Stat. 717 (, ; , .)
Historical and Revision Notes
Mar. 4, 1909, ch. 321, § 332 35 Stat. 1152 Based on title 18, U.S.C., 1940 ed., § 550 (, ).
section 550 of title 18Section 2(a) comprises , U.S.C., 1940 ed., without change except in minor matters of phraseology.
Section 2(b) is added to permit the deletion from many sections throughout the revision of such phrases as “causes or procures”.
The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who “aids, abets, counsels, commands, induces or procures” another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States.
It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.
Rothenburg v. United StatesUnited States v. HodorowiczUnited States v. GilesThis accords with the following decisions: , 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and , C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. , 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888.
Editorial Notes
Amendments
1951—Subsec. (a). Act , inserted “punishable as”.
Subsec. (b). Act , inserted “willfully” before “causes”, and “or another” after “him”, and substituted “is punishable as a principal” for “is also a principal and punishable as such”.