18 U.S.C. § 1381 — Enticing desertion and harboring desert-

Page 372 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1368 1 So in original. Probably should be followed by a period. (b) This section does not prohibit any lawfully authorized investigative, protective, or intel- ligence activity of a law enforcement agency or of an intelligence agency of the United States. (Added Pub. L. 99–508, title III, § 303(a), Oct. 21, 1986, 100 Stat. 1872.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and exten- sions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title. § 1368. Harming animals used in law enforcement (a) Whoever willfully and maliciously harms any police animal, or attempts or conspires to do so, shall be fined under this title and impris- oned not more than 1 year. If the offense perma- nently disables or disfigures the animal, or causes serious bodily injury to or the death of the animal, the maximum term of imprisonment shall be 10 years. (b) In this section, the term ‘‘police animal’’ means a dog or horse employed by a Federal agency (whether in the executive, legislative, or judicial branch) for the principal purpose of aid- ing in the detection of criminal activity, en- forcement of laws, or apprehension of criminal offenders. (Added Pub. L. 106–254, § 2(a), Aug. 2, 2000, 114 Stat. 638; amended Pub. L. 107–273, div. B, title IV, § 4003(a)(4), Nov. 2, 2002, 116 Stat. 1811.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–273 inserted ‘‘to’’ after ‘‘serious bodily injury’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–254, § 1, Aug. 2, 2000, 114 Stat. 638, provided that: ‘‘This Act [enacting this section] may be cited as the ‘Federal Law Enforcement Animal Protection Act of 2000’.’’ § 1369. Destruction of veterans’ memorials (a) Whoever, in a circumstance described in subsection (b), willfully injures or destroys, or attempts to injure or destroy, any structure, plaque, statue, or other monument on public property commemorating the service of any per- son or persons in the armed forces of the United States shall be fined under this title, imprisoned not more than 10 years, or both. (b) A circumstance described in this sub- section is that— (1) in committing the offense described in subsection (a), the defendant travels or causes another to travel in interstate or foreign com- merce, or uses the mail or an instrumentality of interstate or foreign commerce; or (2) the structure, plaque, statue, or other monument described in subsection (a) is lo- cated on property owned by, or under the ju- risdiction of, the Federal Government. (Added Pub. L. 108–29, § 2(a), May 29, 2003, 117 Stat. 772.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–29, § 1, May 29, 2003, 117 Stat. 772, provided that: ‘‘This Act [enacting this section and provisions set out as a note under section 109 of Title 23, High- ways] may be cited as the ‘Veterans’ Memorial Preser- vation and Recognition Act of 2003’.’’ CHAPTER 67—MILITARY AND NAVY Sec. 1381. Enticing desertion and harboring deserters. 1382. Entering military, naval, or Coast Guard property. [1383. Repealed.] 1384. Prostitution near military and naval estab- lishments. 1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus 1 1386. Keys and keyways used in security applica- tions by the Department of Defense. 1387. Demonstrations at cemeteries under the con- trol of the National Cemetery Administra- tion and at Arlington National Cemetery. 1388. Prohibition on disruptions of funerals of members or former members of the Armed Forces. 1389. Prohibition on attacks on United States serv- icemen on account of service. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title X, § 1045(b), Dec. 27, 2021, 135 Stat. 1905, substituted ‘‘Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse com- itatus’’ for ‘‘Use of Army and Air Force as posse com- itatus’’ in item 1385. 2009—Pub. L. 111–84, div. E, § 4712(b), Oct. 28, 2009, 123 Stat. 2843, added item 1389. 2006—Pub. L. 109–464, § 1(b), Dec. 22, 2006, 120 Stat. 3481, added item 1388. Pub. L. 109–228, § 3(b), May 29, 2006, 120 Stat. 389, added item 1387. 1991—Pub. L. 102–190, div. A, title X, § 1090(b), Dec. 5, 1991, 105 Stat. 1486, added item 1386. 1990—Pub. L. 101–647, title XXXV, § 3547, Nov. 29, 1990, 104 Stat. 4926, struck out item 1383 ‘‘Restrictions in military areas and zones’’. 1956—Act Aug. 10, 1956, ch. 1041, § 18(b), 70A Stat. 626, added item 1385. § 1381. Enticing desertion and harboring desert- ers Whoever entices or procures, or attempts or endeavors to entice or procure any person in the Armed Forces of the United States, or who has been recruited for service therein, to desert therefrom, or aids any such person in deserting or in attempting to desert from such service; or Whoever harbors, conceals, protects, or assists any such person who may have deserted from such service, knowing him to have deserted therefrom, or refuses to give up and deliver such person on the demand of any officer authorized to receive him— Shall be fined under this title or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) Page 373 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1384 HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 94 (Mar. 4, 1909, ch. 321, § 42, 35 Stat. 1097). Mandatory punishment provisions were changed to alternative. Words ‘‘armed forces’’ were substituted for repeated references to military service, naval service, soldier and seamen. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $2,000’’ in last par. § 1382. Entering military, naval, or Coast Guard property Whoever, within the jurisdiction of the United States, goes upon any military, naval, or Coast Guard reservation, post, fort, arsenal, yard, sta- tion, or installation, for any purpose prohibited by law or lawful regulation; or Whoever reenters or is found within any such reservation, post, fort, arsenal, yard, station, or installation, after having been removed there- from or ordered not to reenter by any officer or person in command or charge thereof— Shall be fined under this title or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 765; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 97 (Mar. 4, 1909, ch. 321, § 45, 35 Stat. 1097; Mar. 28, 1940, ch. 73, 54 Stat. 80). Reference to territory, Canal Zone, Puerto Rico and the Philippine Islands was omitted as covered by defi- nition of United States in section 5 of this title. Words ‘‘naval or Coast Guard’’ were inserted before ‘‘reservation’’ and words ‘‘yard, station, or installa- tion’’ were inserted after ‘‘arsenal’’ in two places, so as to extend section to naval or Coast Guard property. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’ in last par. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transpor- tation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which created the De- partment of Transportation. See section 108 of Title 49, Transportation. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treas- ury, and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Em- ployees. Coast Guard, referred to in this section, was generally a service in Department of the Treasury, but such Plan excepted from transfer functions of Coast Guard and Commandant thereof when Coast Guard was operating as a part of the Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard. [§ 1383. Repealed. Pub. L. 94–412, title V, § 501(e), Sept. 14, 1976, 90 Stat. 1258] Section, act June 25, 1948, ch. 645, 62 Stat. 765, dealt with criminal penalties for persons entering, remaining in, leaving, or committing any act in a military area or zone contrary to restrictions imposed by Executive Order or Secretary of the Army. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Repeal of this section by Pub. L. 94–412 not to affect any action taken or proceeding pending at the time of repeal, see section 501(h) of Pub. L. 94–412, set out as a note under section 1601 of Title 50, War and National Defense. § 1384. Prostitution near military and naval es- tablishments Within such reasonable distance of any mili- tary or naval camp, station, fort, post, yard, base, cantonment, training or mobilization place as the Secretary of the Army, the Sec- retary of the Navy, the Secretary of the Air Force, or any two or all of them shall determine to be needful to the efficiency, health, and wel- fare of the Army, the Navy, or the Air Force, and shall designate and publish in general orders or bulletins, whoever engages in prostitution or aids or abets prostitution or procures or solicits for purposes of prostitution, or keeps or sets up a house of ill fame, brothel, or bawdy house, or receives any person for purposes of lewdness, as- signation, or prostitution into any vehicle, con- veyance, place, structure, or building, or per- mits any person to remain for the purpose of lewdness, assignation, or prostitution in any ve- hicle, conveyance, place, structure, or building or leases or rents or contracts to lease or rent any vehicle, conveyance, place, structure or building, or part thereof, knowing or with good reason to know that it is intended to be used for any of the purposes herein prohibited shall be fined under this title or imprisoned not more than one year, or both. The Secretaries of the Army, Navy, and Air Force and the Federal Security Administrator shall take such steps as they deem necessary to suppress and prevent such violations thereof, and shall accept the cooperation of the authori- ties of States and their counties, districts, and other political subdivisions in carrying out the purpose of this section. This section shall not be construed as confer- ring on the personnel of the Departments of the Army, Navy, or Air Force or the Federal Secu- rity Agency any authority to make criminal in- vestigations, searches, seizures, or arrests of ci- vilians charged with violations of this section.