18 U.S.C. § 1231 — Transportation of strikebreakers

Page 357 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1261 1 So in original. There is no subsec. (b). (1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the of- fense; (2) the defendant was fleeing an incidence or pattern of domestic violence; or (3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to re- turn the child as a result of circumstances be- yond the defendant’s control, and the defend- ant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. (d) This section does not detract from The Hague Convention on the Civil Aspects of Inter- national Parental Child Abduction, done at The Hague on October 25, 1980. (Added Pub. L. 103–173, § 2(a), Dec. 2, 1993, 107 Stat. 1998; amended Pub. L. 108–21, title I, § 107, Apr. 30, 2003, 117 Stat. 655.) Editorial Notes AMENDMENTS 2003—Subsec. (a). Pub. L. 108–21, § 107(1), inserted ‘‘, or attempts to do so,’’ before ‘‘or retains’’. Subsec. (c)(1). Pub. L. 108–21, § 107(2)(A), inserted ‘‘or the Uniform Child Custody Jurisdiction and Enforce- ment Act’’ before ‘‘and was’’. Subsec. (c)(2). Pub. L. 108–21, § 107(2)(B), inserted ‘‘or’’ after semicolon at end. Statutory Notes and Related Subsidiaries SENSE OF CONGRESS REGARDING USE OF PROCEDURES UNDER THE HAGUE CONVENTION ON THE CIVIL AS- PECTS OF INTERNATIONAL PARENTAL CHILD ABDUC- TION Pub. L. 103–173, § 2(b), Dec. 2, 1993, 107 Stat. 1999, pro- vided that: ‘‘It is the sense of the Congress that, inas- much as use of the procedures under the Hague Conven- tion on the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures, in circumstances in which they are applicable, should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent.’’ CHAPTER 57—LABOR Sec. 1231. Transportation of strikebreakers. [1232. Repealed.] Editorial Notes AMENDMENTS 1990—Pub. L. 101–647, title XXXV, § 3539, Nov. 29, 1990, 104 Stat. 4925, struck out item 1232 ‘‘Enticement of workman from armory or arsenal’’. § 1231. Transportation of strikebreakers Whoever willfully transports in interstate or foreign commerce any person who is employed or is to be employed for the purpose of obstruct- ing or interfering by force or threats with (1) peaceful picketing by employees during any labor controversy affecting wages, hours, or con- ditions of labor, or (2) the exercise by employees of any of the rights of self-organization or col- lective bargaining; or Whoever is knowingly transported or travels in interstate or foreign commerce for any of the purposes enumerated in this section— Shall be fined under this title or imprisoned not more than two years, or both. This section shall not apply to common car- riers. (June 25, 1948, ch. 645, 62 Stat. 760; May 24, 1949, ch. 139, § 30, 63 Stat. 94; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 407a (June 24, 1936, ch. 746, 49 Stat. 1899; June 29, 1938, ch. 813, 52 Stat. 1242). Language designating offense as felony was omitted in uniformity with definitive section 1 of this title. (See reviser’s note under section 550 of this title.) Words ‘‘and shall, upon conviction’’ were omitted as surplusage since punishment cannot be imposed until a conviction is secured. Reference to persons aiding, abetting or causing was omitted as such persons are made principals by section 2 of this title. Changes were made in phraseology and arrangement, but without change of substance. 1949 ACT This section [section 30] corrects a typographical error in section 1231 of title 18, U.S.C. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in third par. 1949—Act May 24, 1949, substituted ‘‘or travels in’’ for ‘‘in or travels’’ in second par. [§ 1232. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641] Section, act June 25, 1948, ch. 645, 62 Stat. 761, prohib- ited enticement of workman from armory or arsenal. CHAPTER 59—LIQUOR TRAFFIC Sec. 1261. Enforcement, regulations, and scope. 1262. Transportation into State prohibiting sale. 1263. Marks and labels on packages. 1264. Delivery to consignee. 1265. C.O.D. shipments prohibited. § 1261. Enforcement, regulations, and scope (a) 1 The Attorney General— (1) shall enforce the provisions of this chap- ter; and (2) has the authority to issue regulations to carry out the provisions of this chapter. (June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, § 31, 63 Stat. 94; Pub. L. 107–273, div. B, title IV, § 4004(b), Nov. 2, 2002, 116 Stat. 1812; Pub. L. 107–296, title XI, § 1112(g), Nov. 25, 2002, 116 Stat. 2276.)