18 U.S.C. § 2317 — Sale or receipt of livestock

Page 574 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2317 1 So in original. No par. (2) has been enacted. (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98–473, title II, § 1113, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 419b, 419d (Aug. 18, 1941, ch. 366, §§ 3, 5, 55 Stat. 631). This section consolidates sections 419b and 419d of title 18, U.S.C., 1940 ed. Definition of ‘‘cattle’’, contained in section 419a(a) of title 18, U.S.C., 1940 ed., is incorporated in section 2311 of this title. Definition of ‘‘interstate or foreign commerce’’, con- stituting section 419a(b) of title 18, U.S.C., 1940 ed., is incorporated in section 10 of this title. The venue provision of said section 419d of title 18, U.S.C., 1940 ed., was omitted as completely 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 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1984—Pub. L. 98–473 substituted ‘‘livestock’’ for ‘‘cat- tle’’ in section catchline and text. § 2317. Sale or receipt of livestock Whoever receives, conceals, stores, barters, buys, sells, or disposes of any livestock, moving in or constituting a part of interstate or foreign commerce, knowing the same to have been sto- len, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98–473, title II, § 1114, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 419c, 419d (Aug. 18, 1941, ch. 366, §§ 4, 5, 55 Stat. 632). Definitions of ‘‘cattle’’ and ‘‘interstate or foreign commerce’’, contained in section 419a of title 18, U.S.C., 1940 ed., are incorporated in sections 10 and 2311 of this title. Venue provision of said section 419d of title 18, U.S.C., 1940 ed., was omitted as completely covered by section 3237 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1984—Pub. L. 98–473 substituted ‘‘livestock’’ for ‘‘cat- tle’’ in section catchline and text. § 2318. Trafficking in counterfeit labels, illicit la- bels, or counterfeit documentation or pack- aging (a)(1) 1 Whoever, in any of the circumstances described in subsection (c), knowingly traffics in— (A) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany— (i) a phonorecord; (ii) a copy of a computer program; (iii) a copy of a motion picture or other audiovisual work; (iv) a copy of a literary work; (v) a copy of a pictorial, graphic, or sculp- tural work; (vi) a work of visual art; or (vii) documentation or packaging; or (B) counterfeit documentation or packaging, shall be fined under this title or imprisoned for not more than 5 years, or both. (b) As used in this section— (1) the term ‘‘counterfeit label’’ means an identifying label or container that appears to be genuine, but is not; (2) the term ‘‘traffic’’ has the same meaning as in section 2320(f) of this title; (3) the terms ‘‘copy’’, ‘‘phonorecord’’, ‘‘mo- tion picture’’, ‘‘computer program’’, ‘‘audio- visual work’’, ‘‘literary work’’, ‘‘pictorial, graphic, or sculptural work’’, ‘‘sound record- ing’’, ‘‘work of visual art’’, and ‘‘copyright owner’’ have, respectively, the meanings given those terms in section 101 (relating to defini- tions) of title 17; (4) the term ‘‘illicit label’’ means a genuine certificate, licensing document, registration card, or similar labeling component— (A) that is used by the copyright owner to verify that a phonorecord, a copy of a com- puter program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculp- tural work, a work of visual art, or docu- mentation or packaging is not counterfeit or infringing of any copyright; and (B) that is, without the authorization of the copyright owner— (i) distributed or intended for distribu- tion not in connection with the copy, pho- norecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner; or (ii) in connection with a genuine certifi- cate or licensing document, knowingly fal- sified in order to designate a higher num- ber of licensed users or copies than author- ized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright own- er’s distribution channel and not for the purpose of verifying that a copy or phono- record is noninfringing; (5) the term ‘‘documentation or packaging’’ means documentation or packaging, in phys- ical form, for a phonorecord, copy of a com- puter program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculp- tural work, or work of visual art; and (6) the term ‘‘counterfeit documentation or packaging’’ means documentation or pack- aging that appears to be genuine, but is not. (c) The circumstances referred to in sub- section (a) of this section are— (1) the offense is committed within the spe- cial maritime and territorial jurisdiction of