18 U.S.C. § 706 — Red Cross

Page 173 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 706a section 123(b)(1) of Pub. L. 115–282, set out as a note pre- ceding section 101 of Title 14, Coast Guard. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. 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. FINDINGS Pub. L. 109–437, § 2, Dec. 20, 2006, 120 Stat. 3266, pro- vided that: ‘‘Congress makes the following findings: ‘‘(1) Fraudulent claims surrounding the receipt of the Medal of Honor, the distinguished-service cross, the Navy cross, the Air Force cross, the Purple Heart, and other decorations and medals awarded by the President or the Armed Forces of the United States damage the reputation and meaning of such decora- tions and medals. ‘‘(2) Federal law enforcement officers have limited ability to prosecute fraudulent claims of receipt of military decorations and medals. ‘‘(3) Legislative action is necessary to permit law enforcement officers to protect the reputation and meaning of military decorations and medals.’’ § 705. Badge or medal of veterans’ organizations Whoever knowingly manufactures, reproduces, sells or purchases for resale, either separately or on or appended to, any article of merchandise manufactured or sold, any badge, medal, em- blem, or other insignia or any colorable imita- tion thereof, of any veterans’ organization in- corporated by enactment of Congress, or of any organization formally recognized by any such veterans’ organization as an auxiliary of such veterans’ organization, or knowingly prints, lithographs, engraves or otherwise reproduces on any poster, circular, periodical, magazine, newspaper, or other publication, or circulates or distributes any such printed matter bearing a reproduction of such badge, medal, emblem, or other insignia or any colorable imitation there- of, except when authorized under rules and regu- lations prescribed by any such organization, shall be fined under this title or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 732; Aug. 4, 1950, ch. 578, 64 Stat. 413; Pub. L. 103–322, title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 76e (June 25, 1940, ch. 426, 54 Stat. 571). Words beginning the section are from the punishment provision of last sentence which was itself rewritten without surplusage. Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $250’’. 1950—Act Aug. 4, 1950, brought within the protection of this section emblems, badges, or insignia of auxil- iary organizations of veteran’s organizations incor- porated by an act of Congress. § 706. Red Cross Whoever wears or displays the sign of the Red Cross or any insignia colored in imitation there- of for the fraudulent purpose of inducing the be- lief that he is a member of or an agent for the American National Red Cross; or Whoever, whether a corporation, association or person, other than the American National Red Cross and its duly authorized employees and agents and the sanitary and hospital authorities of the armed forces of the United States, uses the emblem of the Greek red cross on a white ground, or any sign or insignia made or colored in imitation thereof or the words ‘‘Red Cross’’ or ‘‘Geneva Cross’’ or any combination of these words— Shall be fined under this title or imprisoned not more than six months, or both. This section shall not make unlawful the use of any such emblem, sign, insignia or words which was lawful on the date of enactment of this title. (June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, § 17, 63 Stat. 92; Pub. L. 103–322, title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES 1948 ACT Based on section 4 of title 36, Patriotic Societies and Observances (Jan. 5, 1905, ch. 23, § 4, 33 Stat. 600; June 23, 1910, ch. 372, § 1, 36 Stat. 604). False personation provision in first part of section was omitted here and incorporated in section 917 of this title. Words of punishment ‘‘$250’’ and ‘‘six months’’ were substituted for ‘‘$500’’ and ‘‘one year’’ respectively as more consonant with penalties provided for similar of- fenses in this chapter. (See sections 701, 704, 705 of this title.) Punishment provisions were also changed to omit ref- erence to ‘‘misdemeanor’’ in view of definitive section 1 of this title. Words ‘‘upon conviction thereof’’ were omitted as surplusage, because punishment can only be imposed after conviction. Changes were made in phraseology. 1949 ACT This section [section 17] clarifies the wording of sec- tion 706 of title 18, U.S.C., to embrace all service sani- tary units whether belonging to the Army, Navy, Air Force, or other branches of the Armed services. (See note to sec. 5 [of 1949 Act, set out in Legislative History note under section 244 of title 18]). Editorial Notes REFERENCES IN TEXT The date of enactment of this title, referred to in text, means June 25, 1948. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $250’’ in third par. 1949—Act May 24, 1949, included all service sanitary units. § 706a. Geneva distinctive emblems (a) Whoever wears or displays the sign of the Red Crescent or the Third Protocol Emblem (the Red Crystal), or any insignia colored in imita- tion thereof for the fraudulent purpose of induc-