18 U.S.C. § 2316 — Transportation of livestock

Page 573 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2316 1 So in original. The quotation mark probably should not ap- pear. taken, knowing the same to have been stolen, unlawfully converted, or taken; or Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any falsely made, forged, altered, or counterfeited securities or tax stamps, or pledges or accepts as security for a loan any falsely made, forged, altered, or counterfeited securities or tax stamps, moving as, or which are a part of, or which constitute interstate or foreign commerce, knowing the same to have been so falsely made, forged, al- tered, or counterfeited; or Whoever receives in interstate or foreign com- merce, or conceals, stores, barters, sells, or dis- poses of, any tool, implement, or thing used or intended to be used in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof, moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing that the same is fitted to be used, or has been used, in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof; or ‘Whoever 1 receives, possesses, conceals, stores, barters, sells, or disposes of any veterans’ me- morial object which has crossed a State or United States boundary after being stolen, un- lawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken—’ 1 Shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an of- fense under section 670 unless the punishment under this section is greater. If the offense in- volves the receipt, possession, concealment, storage, barter, sale, or disposal of veterans’ me- morial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of an obligation or other security of the United States or of an obligation, bond, certificate, security, treasury note, bill, promise to pay, or bank note, issued by any foreign gov- ernment. This section also shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of any bank note or bill issued by a bank or corporation of any for- eign country which is intended by the laws or usage of such country to circulate as money. For purposes of this section, the term ‘‘State’’ includes a State of the United States, the Dis- trict of Columbia, and any commonwealth, ter- ritory, or possession of the United States. For purposes of this section the term ‘‘veterans’ me- morial object’’ means a grave marker, head- stone, monument, or other object, intended to permanently honor a veteran or mark a vet- eran’s grave, or any monument that signifies an event of national military historical signifi- cance. (June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 87–371, § 3, Oct. 4, 1961, 75 Stat. 802; Pub. L. 99–646, § 76, Nov. 10, 1986, 100 Stat. 3618; Pub. L. 100–690, title VII, §§ 7048, 7057(b), Nov. 18, 1988, 102 Stat. 4401, 4402; Pub. L. 101–647, title XII, § 1205(m), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 112–186, § 4(d)(2), Oct. 5, 2012, 126 Stat. 1429; Pub. L. 112–239, div. A, title X, § 1084(b), Jan. 2, 2013, 126 Stat. 1963.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 416 (May 22, 1934, ch. 333, § 4, 48 Stat. 795; Aug. 3, 1939, ch. 413, § 2, 53 Stat. 1178). (See reviser’s notes under sections 10, 2311 and 2314 of this title for explanation of consolidation or omission of other sections of title 18, U.S.C., 1940 ed., which were derived from the National Stolen Property Act.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2013—Pub. L. 112–239, § 1084(b)(4), inserted at end ‘‘For purposes of this section the term ‘veterans’ memorial object’ means a grave marker, headstone, monument, or other object, intended to permanently honor a vet- eran or mark a veteran’s grave, or any monument that signifies an event of national military historical sig- nificance.’’ Pub. L. 112–239, § 1084(b)(3), inserted at end of fifth par. ‘‘If the offense involves the receipt, possession, concealment, storage, barter, sale, or disposal of vet- erans’ memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both.’’ Pub. L. 112–239, § 1084(b)(1), (2), inserted fourth par. re- lating to veterans’ memorial objects. 2012—Pub. L. 112–186 inserted at end of fourth par. ‘‘If the offense involves a pre-retail medical product (as de- fined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this sec- tion is greater.’’ 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in fourth par. 1990—Pub. L. 101–647 inserted par. at end defining ‘‘State’’. 1988—Pub. L. 100–690, § 7048, substituted ‘‘moving as, or which are a part of, or which constitute interstate or foreign commerce’’ for ‘‘which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken’’ in second par. Pub. L. 100–690, § 7057(b), struck out ‘‘or by a bank or corporation of any foreign country’’ after ‘‘foreign gov- ernment’’ in last par. and inserted at end ‘‘This section also shall not apply to any falsely made, forged, al- tered, counterfeited, or spurious representation of any bank note or bill issued by a bank or corporation of any foreign country which is intended by the laws or usage of such country to circulate as money.’’ 1986—Pub. L. 99–646 substituted ‘‘receives, possesses, conceals’’ for ‘‘receives, conceals’’ and ‘‘which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken’’ for ‘‘moving as, or which are part of, or which constitute interstate or foreign commerce’’ in first and second pars. 1961—Pub. L. 87–371 inserted ‘‘or tax stamps’’ after ‘‘securities’’, wherever appearing, in second par., and ‘‘or tax stamp’’ after ‘‘security’’, wherever appearing, in third par., and substituted ‘‘moneys, or fraudulent State tax stamps’’ for ‘‘or monies’’ in section catchline. § 2316. Transportation of livestock Whoever transports in interstate or foreign commerce any livestock, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than five years, or both. 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