Whoever breaks the seal or lock of any railroad car, vessel, aircraft, motortruck, wagon or other vehicle or of any pipeline system, containing interstate or foreign shipments of freight or express or other property, or enters any such vehicle or pipeline system with intent in either case to commit larceny therein, shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.
A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof.
June 25, 1948, ch. 645 62 Stat. 797 May 24, 1949, ch. 139, § 44 63 Stat. 96 Pub. L. 89–654, § 2(a)80 Stat. 904 Pub. L. 103–322, title XXXIII, § 330016(1)(K)108 Stat. 2147 Pub. L. 112–186, § 4(c)126 Stat. 1429 (, ; , ; –(c), , ; , , ; , , .)
Historical and Revision Notes
Act1948
Feb. 13, 1913, ch. 50, § 1 37 Stat. 670 Jan. 28, 1925, ch. 102 43 Stat. 793 Jan. 21, 1933, ch. 16 47 Stat. 773 July 24, 1946, ch. 606 60 Stat. 656 Based on title 18, U.S.C., 1940 ed., § 409 (, ; , ; , ; , ).
section 409 of title 18Other provisions of , U.S.C., 1940 ed., were incorporated in sections 659 and 660 of this title.
Minor changes were made in phraseology.
Act1949
section 2117 of title 18This section [section 44] conforms , U.S.C., more closely with the original law from which it was derived, and with section 659 of such title.
Editorial Notes
Amendments
Pub. L. 112–1862012— inserted at end of first par. “If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.”
Pub. L. 103–322section 2217 of this title1994—, which directed the amendment of by substituting “under this title” for “not more than $5,000”, was executed by making the substitution in the first par. of this section, to reflect the probable intent of Congress, because this title does not contain a section 2217.
Pub. L. 89–6541966— substituted “Breaking or entering carrier facilities” for “Railroad car entered or seal broken” as section catchline, inserted reference to “pipeline system”, substituted “freight or express or other property” for “freight or express”, and prohibited any construction which might indicate a Congressional intent to occupy the field or invalidate State law.
1949—Act , inserted last par.
Executive Documents
Executive Order No. 11836
Ex. Ord. No. 11836, , 40 F.R. 4255, which assigned responsibilities to Federal departments and agencies with respect to the National Cargo Security Program, was revoked by Ex. Ord. No. 12553, , 51 F.R. 7237.