18 U.S.C. § 1387 — Demonstrations at cemeteries under the

Page 375 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1388 (A) knowingly and unlawfully makes, forges, or counterfeits any key, knowing that such key has been adopted by any part of the De- partment of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment; or (B) knowing that any lock or key has been adopted by any part of the Department of De- fense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weap- ons, and classified information or classified equipment, possesses any such lock or key with the intent to unlawfully or improperly use, sell, or otherwise dispose of such lock or key or cause the same to be unlawfully or im- properly used, sold, or otherwise disposed of, shall be punished as provided in subsection (b). (3) Whoever, being engaged as a contractor or otherwise in the manufacture of any lock or key knowing that such lock or key has been adopted by any part of the Department of Defense, in- cluding all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammuni- tion or explosives, special weapons, and classi- fied information or classified equipment, deliv- ers any such finished or unfinished lock or any such key to any person not duly authorized by the Secretary of Defense or his designated rep- resentative to receive the same, unless the per- son receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner authorized by the contract, or the agent of such manufacturer, shall be punished as provided in subsection (b). (b) Whoever commits an offense under sub- section (a) shall be fined under this title or im- prisoned not more than 10 years, or both. (c) As used in this section, the term ‘‘key’’ means any key, keyblank, or keyway adopted by any part of the Department of Defense, includ- ing all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified infor- mation or classified equipment. (Added Pub. L. 102–190, div. A, title X, § 1090(a), Dec. 5, 1991, 105 Stat. 1485.) § 1387. Demonstrations at cemeteries under the control of the National Cemetery Administra- tion and at Arlington National Cemetery Whoever violates section 2413 of title 38 shall be fined under this title, imprisoned for not more than one year, or both. (Added Pub. L. 109–228, § 3(a), May 29, 2006, 120 Stat. 388.) § 1388. Prohibition on disruptions of funerals of members or former members of the Armed Forces (a) PROHIBITION.—For any funeral of a member or former member of the Armed Forces that is not located at a cemetery under the control of the National Cemetery Administration or part of Arlington National Cemetery, it shall be un- lawful for any person to engage in an activity during the period beginning 120 minutes before and ending 120 minutes after such funeral, any part of which activity— (1)(A) takes place within the boundaries of the location of such funeral or takes place within 300 feet of the point of the intersection between— (i) the boundary of the location of such fu- neral; and (ii) a road, pathway, or other route of in- gress to or egress from the location of such funeral; and (B) includes any individual willfully making or assisting in the making of any noise or di- version— (i) that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral; and (ii) with the intent of disturbing the peace or good order of such funeral; (2)(A) is within 500 feet of the boundary of the location of such funeral; and (B) includes any individual— (i) willfully and without proper authoriza- tion impeding or tending to impede the ac- cess to or egress from such location; and (ii) with the intent to impede the access to or egress from such location; or (3) is on or near the boundary of the resi- dence, home, or domicile of any surviving member of the deceased person’s immediate family and includes any individual willfully making or assisting in the making of any noise or diversion— (A) that disturbs or tends to disturb the peace of the persons located at such loca- tion; and (B) with the intent of disturbing such peace. (b) PENALTY.—Any person who violates sub- section (a) shall be fined under this title or im- prisoned for not more than 1 year, or both. (c) CIVIL REMEDIES.— (1) DISTRICT COURTS.—The district courts of the United States shall have jurisdiction— (A) to prevent and restrain violations of this section; and (B) for the adjudication of any claims for relief under this section. (2) ATTORNEY GENERAL.—The Attorney Gen- eral may institute proceedings under this sec- tion. (3) CLAIMS.—Any person, including a sur- viving member of the deceased person’s imme- diate family, who suffers injury as a result of conduct that violates this section may— (A) sue therefor in any appropriate United States district court or in any court of com- petent jurisdiction; and (B) recover damages as provided in sub- section (d) and the cost of the suit, including reasonable attorneys’ fees. (4) ESTOPPEL.—A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United