18 U.S.C. § 2312 — Transportation of stolen vehicles

Page 570 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2312 The definitions of ‘‘interstate or foreign commerce’’, contained in said section 408 and in sections 414(a) and 419a(b) of title 18, U.S.C., 1940 ed., are incorporated in section 10 of this title. Other provisions of section 408 of title 18, U.S.C., 1940 ed., are incorporated in sections 2312 and 2313 of this title. In the definition of ‘‘motor vehicle’’, words ‘‘designed for running on land but not on rails’’ were substituted for ‘‘not designed for running on rails’’ so as to conform with the ruling in the case of McBoyle v. U.S. (1931, 51 S. Ct. 340, 283, U. S. 25, 75 L. Ed. 816), in which the Su- preme Court held that ‘‘vehicle’’ is limited to vehicles running on land and that motor vehicle does not in- clude an airplane. In the paragraph defining ‘‘value’’ which came from said section 417 of title 18, U.S.C., 1940 ed., words ‘‘In the event that a defendant is charged in the same in- dictment with two or more violations of sections 413–419 of this title, then’’ were omitted and the same meaning was preserved by the substitution of the words ‘‘a single’’ for the word ‘‘such.’’ Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2006—Pub. L. 109–177 inserted definition of ‘‘Vessel’’. 2002—Pub. L. 107–273 substituted semicolon for period at end of third par. 1996—Pub. L. 104–294 substituted ‘‘Livestock’’ for ‘‘livestock’’ in third par. 1994—Pub. L. 103–322 inserted definition of ‘‘live- stock’’. 1984—Pub. L. 98–547 inserted ‘‘valid or blank motor vehicle title;’’ in definition of ‘‘Securities’’. 1961—Pub. L. 87–371 inserted definition of ‘‘Tax stamp’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–482, title I, § 101, Dec. 23, 2004, 118 Stat. 3912, provided that: ‘‘This title [amending section 2318 of this title and enacting provisions set out as a note under section 2318 of this title] may be cited as the ‘Anti-counterfeiting Amendments Act of 2004’.’’ SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–147, § 1, Dec. 16, 1997, 111 Stat. 2678, pro- vided that: ‘‘This Act [amending sections 2319 to 2320 of this title, sections 101, 506, and 507 of Title 17, Copy- rights, and section 1498 of Title 28, Judiciary and Judi- cial Procedure, and enacting provisions set out as a note under section 994 of Title 28] may be cited as the ‘No Electronic Theft (NET) Act’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–153, § 1, July 2, 1996, 110 Stat. 1386, pro- vided that: ‘‘This Act [amending sections 1961, 2318, and 2320 of this title, sections 1116 and 1117 of Title 15, Com- merce and Trade, section 603 of Title 17, Copyrights, sections 1431, 1484, and 1526 of Title 19, Customs Duties, and section 80302 of Title 49, Transportation, and enact- ing provisions set out as notes under this section and section 1431 of Title 19] may be cited as the ‘Anticounterfeiting Consumer Protection Act of 1996’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–519, § 1, Oct. 25, 1992, 106 Stat. 3384, pro- vided that: ‘‘This Act [enacting sections 2119 and 2322 of this title, sections 2026a to 2026c and 2041 to 2044 of Title 15, Commerce and Trade, sections 1646b and 1646c of Title 19, Customs Duties, and sections 3750a to 3750d of Title 42, The Public Health and Welfare, amending sections 553, 981, 982, 2312, and 2313 of this title, sections 2021 to 2023, 2025, 2027, and 2034 of Title 15, and enacting provisions set out as notes under section 2119 of this title, sections 2026a, 2026b, and 2041 of Title 15, and sec- tion 1646b of Title 19] may be cited as the ‘Anti Car Theft Act of 1992’.’’ SHORT TITLE OF 1984 AMENDMENTS Pub. L. 98–547, § 1(a), Oct. 25, 1984, 98 Stat. 2754, pro- vided that: ‘‘This Act [enacting sections 511, 512, 553, and 2320 [now 2321] of this title, sections 2021 to 2034 of Title 15, Commerce and Trade, and section 1627 of Title 19, Customs Duties, amending this section, sections 1961 and 2313 of this title, and section 1901 of Title 15, and enacting provisions set out as a note under section 2021 of Title 15] may be cited as the ‘Motor Vehicle Theft Law Enforcement Act of 1984’.’’ Pub. L. 98–473, title II, § 1501, Oct. 12, 1984, 98 Stat. 2178, provided that: ‘‘This chapter [chapter XV (§§ 1501–1503) of title II of Pub. L. 98–473, enacting sec- tion 2320 of this title and amending sections 1116, 1117, and 1118 of Title 15, Commerce and Trade] may be cited as the ‘Trademark Counterfeiting Act of 1984’.’’ SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–180, § 1, May 24, 1982, 96 Stat. 91, provided: ‘‘That this Act [enacting section 2319 of this title and amending section 2318 of this title and section 506 of Title 17, Copyrights] may be cited as the ‘Piracy and Counterfeiting Amendments Act of 1982’.’’ COUNTERFEITING OF TRADEMARKED AND COPYRIGHTED MERCHANDISE; CONGRESSIONAL STATEMENT OF FINDINGS Pub. L. 104–153, § 2, July 2, 1996, 110 Stat. 1386, pro- vided that: ‘‘The counterfeiting of trademarked and copyrighted merchandise— ‘‘(1) has been connected with organized crime; ‘‘(2) deprives legitimate trademark and copyright owners of substantial revenues and consumer good- will; ‘‘(3) poses health and safety threats to United States consumers; ‘‘(4) eliminates United States jobs; and ‘‘(5) is a multibillion-dollar drain on the United States economy.’’ CONGRESSIONAL DECLARATION OF PURPOSE OF 1984 AMENDMENT Pub. L. 98–547, § 2, Oct. 25, 1984, 98 Stat. 2754, provided that: ‘‘It is the purpose of this Act [see Short Title of 1984 Amendments note above]— ‘‘(1) to provide for the identification of certain motor vehicles and their major replacement parts to impede motor vehicle theft; ‘‘(2) to augment the Federal criminal penalties im- posed upon persons trafficking in stolen motor vehi- cles; ‘‘(3) to encourage decreases in premiums charged consumers for motor vehicle theft insurance; and ‘‘(4) to reduce opportunities for exporting or im- porting stolen motor vehicles and off-highway mobile equipment.’’ § 2312. Transportation of stolen vehicles Whoever transports in interstate or foreign commerce a motor vehicle, vessel, or aircraft, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both. (June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 102–519, title I, § 103, Oct. 25, 1992, 106 Stat. 3385; Pub. L. 109–177, title III, § 307(b)(2)(A), Mar. 9, 2006, 120 Stat. 240.) Page 571 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2314 HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 408 (Oct. 29, 1919, ch. 89, §§ 1, 3, 5, 41 Stat. 324, 325; Sept. 24, 1945, ch. 383, §§ 2, 3, 59 Stat. 536). The first sentence of said section 408, providing the short title ‘‘An Act to punish the transportation of sto- len motor vehicles or aircraft in interstate or foreign commerce,’’ and derived from section 1 of said act of October 29, 1919, as amended, was omitted as not appro- priate in a revision. Definitions of ‘‘aircraft,’’ ‘‘motor vehicle,’’ and ‘‘interstate or foreign commerce,’’ which constituted the second sentence of said section 408 of title 18, U.S.C., 1940 ed., and were derived from section 2 of said act of October 29, 1919, as amended, are incorporated in sections 10 and 2311 of this title. Provision relating to receiving or selling stolen air- craft or motor vehicles, which was derived from section 4 of the act of October 29, 1919, as amended, is incor- porated in section 2313 of this title. Venue provision, which was derived from section 5 of the act of October 29, 1919, was omitted as unnecessary, being covered by section 3237 of this title. Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2006—Pub. L. 109–177 substituted ‘‘motor vehicle, ves- sel, or aircraft’’ for ‘‘motor vehicle or aircraft’’. 1992—Pub. L. 102–519 substituted ‘‘fined under this title or imprisoned not more than 10 years’’ for ‘‘fined not more than $5,000 or imprisoned not more than five years’’. § 2313. Sale or receipt of stolen vehicles (a) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any motor vehicle, vessel, or aircraft, which has crossed a State or United States boundary after being sto- len, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both. (b) For purposes of this section, the term ‘‘State’’ includes a State of the United States, the District of Columbia, and any common- wealth, territory, or possession of the United States. (June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 98–547, title II, § 203, Oct. 25, 1984, 98 Stat. 2770; Pub. L. 101–647, title XII, § 1205(l), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 102–519, title I, § 103, Oct. 25, 1992, 106 Stat. 3385; Pub. L. 109–177, title III, § 307(b)(2)(B), Mar. 9, 2006, 120 Stat. 240.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 408 (Oct. 29, 1919, ch. 89, § 4, 41 Stat. 325; Sept. 24, 1945, ch. 383, §§ 2, 3, 59 Stat. 536). Section constitutes the fourth sentence of said sec- tion 408 of title 18, U.S.C., 1940 ed. Definitions of ‘‘aircraft,’’ ‘‘motor vehicle,’’ and ‘‘interstate or foreign commerce,’’ which constituted the second sentence of said section 408, are incor- porated in sections 10 and 2311 of this title. The third sentence of said section 408, relating to transporting stolen aircraft or motor vehicles, is incor- porated in section 2312 of this title. The first sentence of said section 408, providing the short title, and the fifth sentence thereof, relating to venue, were omitted. (See reviser’s note under section 2312 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–177 substituted ‘‘motor vehicle, vessel, or aircraft’’ for ‘‘motor vehicle or air- craft’’. 1992—Subsec. (a). Pub. L. 102–519 substituted ‘‘fined under this title or imprisoned not more than 10 years’’ for ‘‘fined not more than $5,000 or imprisoned not more than five years’’. 1990—Pub. L. 101–647 designated existing provisions as subsec. (a) and added subsec. (b). 1984—Pub. L. 98–547 inserted ‘‘possesses,’’ after ‘‘re- ceives,’’ and substituted ‘‘which has crossed a State or United States boundary after being stolen,’’ for ‘‘mov- ing as, or which is a part of, or which constitutes inter- state or foreign commerce,’’. § 2314. Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or arti- cles 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 obtain- ing money or property by means of false or fraudulent pretenses, representations, or prom- ises, transports or causes to be transported, or induces any person or persons to travel in, or to be transported in interstate or foreign com- merce 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 counter- feited 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 of- fense under section 670 unless the punishment under this section is greater. If the offense in- volves 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.