18 U.S.C. § 702 — Uniform of armed forces and Public Health

Page 170 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 700 1952—Act May 23, 1952, ch. 327, § 2, 66 Stat. 92, added item 711. 1950—Act Sept. 28, 1950, ch. 1092, § 1(a), 64 Stat. 1077, added item 710. 1949—Act May 24, 1949, ch. 139, § 14, 63 Stat. 91, in- serted ‘‘Uniform of armed forces and Public Health Service’’ in lieu of enumerating the specific branches in item 702. § 700. Desecration of the flag of the United States; penalties (a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both. (2) This subsection does not prohibit any con- duct consisting of the disposal of a flag when it has become worn or soiled. (b) As used in this section, the term ‘‘flag of the United States’’ means any flag of the United States, or any part thereof, made of any sub- stance, of any size, in a form that is commonly displayed. (c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdic- tion over any offense over which it would have jurisdiction in the absence of this section. (d)(1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a). (2) The Supreme Court shall, if it has not pre- viously ruled on the question, accept jurisdic- tion over the appeal and advance on the docket and expedite to the greatest extent possible. (Added Pub. L. 90–381, § 1, July 5, 1968, 82 Stat. 291; amended Pub. L. 101–131, §§ 2, 3, Oct. 28, 1989, 103 Stat. 777.) Editorial Notes CONSTITUTIONALITY For information regarding the constitutionality of this section as amended by Pub. L. 101–131, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Anno- tated website, constitution.congress.gov. AMENDMENTS 1989—Subsec. (a). Pub. L. 101–131, § 2(a), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.’’ Subsec. (b). Pub. L. 101–131, § 2(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The term ‘flag of the United States’ as used in this section, shall include any flag, standard colors, en- sign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, color, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without de- liberation may believe the same to represent the flag, standards, colors, or ensign of the United States of America.’’ Subsec. (d). Pub. L. 101–131, § 3, added subsec. (d). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–547, § 1, Dec. 19, 2000, 114 Stat. 2738, pro- vided that: ‘‘This Act [enacting sections 716 and 1036 of this title] may be cited as the ‘Enhanced Federal Secu- rity Act of 2000’.’’ SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–131, § 1, Oct. 28, 1989, 103 Stat. 777, provided that: ‘‘This Act [amending this section] may be cited as the ‘Flag Protection Act of 1989’.’’ § 701. Official badges, identification cards, other insignia Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any depart- ment or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any en- graving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 731; 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., §§ 76a, 76b (June 29, 1932, ch. 306, §§ 1, 2, 47 Stat. 342; May 22, 1939, ch. 141, 53 Stat. 752). Sections were consolidated. The term ‘‘department or agency’’ was substituted for ‘‘department or independent office’’ in two places to embrace all properly constituted agencies as defined in section 6 of this title and to eliminate any possible am- biguity as to scope of section. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $250’’. § 702. Uniform of armed forces and Public Health Service Whoever, in any place within the jurisdiction of the United States or in the Canal Zone, with- out authority, wears the uniform or a distinc- tive part thereof or anything similar to a dis- tinctive part of the uniform of any of the armed forces of the United States, Public Health Serv- ice or any auxiliary of such, shall be fined under this title or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, § 15(a), 63 Stat. 91; Pub. L. 103–322, title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES 1948 ACT Based on section 1393 of title 10, U.S.C., 1940 ed., Army and Air Force, and section 228 of title 42, U.S.C., Page 171 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 704 1 See References in Text note below. 1940 ed., The Public Health and Welfare (June 3, 1916, ch. 134, § 125, 39 Stat. 216 (2d paragraph); July 1, 1944, ch. 373, § 510, 58 Stat. 711). ‘‘Auxiliary of such’’ was inserted to extend protection to the uniforms of any auxiliary corps that may be es- tablished. Fine of ‘‘$250’’ was substituted for ‘‘$300’’ as being more consonant with the penalties provided for similar offenses in this chapter. Minor changes of phraseology also were made. 1949 ACT This section [section 15] inserts ‘‘armed forces’’ in the catch line and text of section 702 of title 18, U.S.C., and thereby includes the Air Force which was formerly part of the Army. (See note to sec. 5 [of 1949 Act, set out in Legislative History note under section 244 of title 18]). Also, it incorporates in such section the provisions of act of April 15, 1948 (ch. 188, 62 Stat. 172), which relates to this section as well as to section 1393 of title 10, U.S.C. (one of the sources of such sec. 701), as it existed at the time of the enactment of the revision of title 18 and which was not incorporated in title 18 when the re- vision was enacted. In this connection specific ref- erence to the Canal Zone, Guam, American Samoa, and the Virgin Islands, as contained in such act of April 15, 1948, were omitted as covered by the phrase, ‘‘in any place within the jurisdiction of the United States,’’ as used in this amendment of such section 702 of title 18, U.S.C. Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Inter- course. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $250’’. 1949—Act May 24, 1949, inserted ‘‘armed forces’’ in lieu of enumerating specific branches in section catch- line and text, and inserted ‘‘in any place within the ju- risdiction of the United States or in the Canal Zone’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Secretary of Health, Education, and Welfare redesig- nated Secretary of Health and Human Services by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Education. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Or- ganization and Employees. § 703. Uniform of friendly nation Whoever, within the jurisdiction of the United States, with intent to deceive or mislead, wears any naval, military, police, or other official uni- form, decoration, or regalia of any foreign state, nation, or government with which the United States is at peace, or anything so nearly resem- bling the same as to be calculated to deceive, shall be fined under this title or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 732; Pub. L. 103–322, title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on section 246 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (July 8, 1918, ch. 138, 40 Stat. 821). Words ‘‘upon conviction’’ were deleted as surplusage, since punishment cannot be imposed until a conviction is secured. Reference to territories or places subject to jurisdic- tion of the United States was omitted in view of sec- tion 5 of this title defining the term ‘‘United States.’’ Fine of ‘‘$250’’ was substituted for ‘‘$300’’ as being more consonant with the penalties provided for similar offenses in this chapter. Words ‘‘unless such wearing thereof be authorized by such state, nation, or government’’ were deleted as un- necessary and undesirable since it is unthinkable that a friendly power would authorize such deceit. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $250’’. § 704. Military medals or decorations (a) IN GENERAL.—Whoever knowingly pur- chases, attempts to purchase, solicits for pur- chase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regula- tions made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both. (b) FRAUDULENT REPRESENTATIONS ABOUT RE- CEIPT OF MILITARY DECORATIONS OR MEDALS.— Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, or both. (c) ENHANCED PENALTY FOR OFFENSES INVOLV- ING CONGRESSIONAL MEDAL OF HONOR.— (1) IN GENERAL.—If a decoration or medal in- volved in an offense under subsection (a) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, impris- oned not more than 1 year, or both. (2) CONGRESSIONAL MEDAL OF HONOR DE- FINED.—In this subsection, the term ‘‘Congres- sional Medal of Honor’’ means— (A) a medal of honor awarded under sec- tion 7271, 8291, or 9271 of title 10 or section 491 1 of title 14; (B) a duplicate medal of honor issued under section 7284, 8306, or 9284 of title 10 or section 504 1 of title 14; or