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; or
Whoever transports, transmits, or transfers in interstate or foreign commerce any veterans’ memorial object, knowing the same to have been stolen, converted or taken by fraud—
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. If the offense involves the transportation, transmission, or transfer in interstate or foreign commerce of veterans’ memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, 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 “veterans’ memorial object” means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance.
June 25, 1948, ch. 645 62 Stat. 806 May 24, 1949, ch. 139, § 45 63 Stat. 96 July 9, 1956, ch. 519 70 Stat. 507 Pub. L. 87–371, § 275 Stat. 802 Pub. L. 90–53582 Stat. 885 Pub. L. 100–690, title VII102 Stat. 4402 Pub. L. 101–647, title XII, § 1208104 Stat. 4832 Pub. L. 103–322, title XXXIII, § 330016(1)(K)108 Stat. 2147 Pub. L. 112–186, § 4(d)(1)126 Stat. 1429 Pub. L. 112–239, div. A, title X, § 1084(a)126 Stat. 1963 (, ; , ; , ; , , ; , , ; , §§ 7057, 7080, , , 4406; , , ; , (L), , ; , , ; , , .)
Historical and Revision Notes
Act1948
May 22, 1934, ch. 333 48 Stat. 794 May 22, 1934, ch. 333, § 7 Aug. 3, 1939, ch. 413, § 5 53 Stat. 1179 May 22, 1934, ch. 333, § 7 Aug. 3, 1939, ch. 413, § 6 53 Stat. 1179 Aug. 3, 1939, ch. 413 53 Stat. 1178 Based on title 18, U.S.C., 1940 ed., §§ 413, 415, 418, 418a, 419 (, §§ 1, 3, 6, , 795; , as added , ; , renumbered § 8 by , ; , §§ 1, 4, 5, , 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.
section 2 of this titleReference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in .
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 18section 2311 of this title, 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 418 of title 18section 3237 of this title, U.S.C., 1940 ed., relating to venue, was omitted as completely covered by .
Section 418a of title 18section 371 of this title, U.S.C., 1940 ed., relating to conspiracy, was omitted as covered by , 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.
Act1949
section 2314 of title 18This amendment [see section 45] restates and clarifies the first paragraph of , U.S.C., to conform to the original law upon which the section is based.
Editorial Notes
Amendments
Pub. L. 112–239, § 1084(a)(4)2013—, inserted par. at end defining “veterans’ memorial object”.
Pub. L. 112–239, § 1084(a)(3), inserted at end of seventh par. “If the offense involves the transportation, transmission, or transfer in interstate or foreign commerce of veterans’ memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both.”
Pub. L. 112–239, § 1084(a)(1), (2), inserted sixth par. relating to veterans’ memorial objects.
Pub. L. 112–1862012— inserted at end of sixth 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. 103–322, § 330016(1)(L)1994—, substituted “fined under this title” for “fined not more than $10,000” in sixth par.
Pub. L. 103–322, § 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.
Pub. L. 101–6471990— inserted “or foreign” after “interstate” in second par.
Pub. L. 100–690, § 7057(a)1988—, substituted “transports, transmits, or transfers” for “transports” in first par.
Pub. L. 100–690, § 7080, inserted “or persons” after “any person” and “or those persons” after “that person” in second par.
Pub. L. 100–690, § 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.”
Pub. L. 90–5351968— prohibited transportation with unlawful or fraudulent intent in interstate or foreign commerce of traveler’s checks bearing forged countersignatures.
Pub. L. 87–3711961— 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 , inserted par. relating to interstate transportation of persons in schemes to defraud.
1949—Act , substituted “knowing the same to have been stolen, converted or taken by fraud” for “theretofore stolen, converted, or taken by fraud” in first par.