18 U.S.C. § 667 — Theft of livestock

Page 167 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 667 1982—Subsec. (a). Pub. L. 97–300 inserted ‘‘or organiza- tion’’ after ‘‘any agency’’, ‘‘or any funds’’ after ‘‘finan- cial assistance’’, ‘‘or Job Training Partnership Act’’ after ‘‘Comprehensive Employment and Training Act’’, substituted ‘‘participant’’ for ‘‘individual or individ- uals’’, and ‘‘financial assistance agreement or con- tract’’ for ‘‘grant or contract of assistance’’. Subsec. (b). Pub. L. 97–300 substituted ‘‘financial as- sistance agreement or contract’’ for ‘‘grant or contract of assistance’’, inserted ‘‘or the Job Training Partner- ship Act’’ after ‘‘Comprehensive Employment and Training Act’’, substituted ‘‘any person’’ for ‘‘any per- sons’’ after ‘‘induces’’, and substituted ‘‘organization or agency receiving funds’’ for ‘‘grantee agency’’. Subsec. (c). Pub. L. 97–300 inserted ‘‘willfully’’ before ‘‘endeavors to obstruct’’, and ‘‘or the Job Training Partnership Act’’ after ‘‘Comprehensive Employment and Training Act’’. 1978—Pub. L. 95–524 substituted ‘‘employment and training funds:’’ for ‘‘manpower funds;’’ and inserted ‘‘: obstruction of investigations’’ after ‘‘improper in- ducement’’ in section catchline. Subsec. (a). Pub. L. 95–524 substituted ‘‘Comprehen- sive Employment and Training Act knowingly hires an ineligible individual or individuals,’’ for ‘‘Comprehen- sive Employment and Training Act of 1973’’. Subsec. (b). Pub. L. 95–524 substituted ‘‘Comprehen- sive Employment and Training Act’’ for ‘‘Comprehen- sive Employment and Training Act of 1973’’. Subsec. (c). Pub. L. 95–524 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. § 666. Theft or bribery concerning programs re- ceiving Federal funds (a) Whoever, if the circumstance described in subsection (b) of this section exists— (1) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof— (A) embezzles, steals, obtains by fraud, or otherwise without authority knowingly con- verts to the use of any person other than the rightful owner or intentionally misapplies, property that— (i) is valued at $5,000 or more, and (ii) is owned by, or is under the care, cus- tody, or control of such organization, gov- ernment, or agency; or (B) corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organiza- tion, government, or agency involving any thing of value of $5,000 or more; or (2) corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organiza- tion or of a State, local or Indian tribal gov- ernment, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, govern- ment, or agency involving anything of value of $5,000 or more; shall be fined under this title, imprisoned not more than 10 years, or both. (b) The circumstance referred to in subsection (a) of this section is that the organization, gov- ernment, or agency receives, in any one year pe- riod, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance. (c) This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business. (d) As used in this section— (1) the term ‘‘agent’’ means a person author- ized to act on behalf of another person or a government and, in the case of an organiza- tion or government, includes a servant or em- ployee, and a partner, director, officer, man- ager, and representative; (2) the term ‘‘government agency’’ means a subdivision of the executive, legislative, judi- cial, or other branch of government, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government or governments for the execution of a governmental or intergovernmental pro- gram; (3) the term ‘‘local’’ means of or pertaining to a political subdivision within a State; (4) the term ‘‘State’’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (5) the term ‘‘in any one-year period’’ means a continuous period that commences no ear- lier than twelve months before the commis- sion of the offense or that ends no later than twelve months after the commission of the of- fense. Such period may include time both be- fore and after the commission of the offense. (Added Pub. L. 98–473, title II, § 1104(a), Oct. 12, 1984, 98 Stat. 2143; amended Pub. L. 99–646, § 59(a), Nov. 10, 1986, 100 Stat. 3612; Pub. L. 101–647, title XII, §§ 1205(d), 1209, Nov. 29, 1990, 104 Stat. 4831, 4832; Pub. L. 103–322, title XXXIII, § 330003(c), Sept. 13, 1994, 108 Stat. 2140.) Editorial Notes AMENDMENTS 1994—Subsec. (d)(3) to (5). Pub. L. 103–322 struck out ‘‘and’’ at end of par. (3), substituted ‘‘; and’’ for the pe- riod at end of par. (4), and redesignated second par. (4) defining ‘‘in any one-year period’’ as (5). 1990—Subsec. (d)(4). Pub. L. 101–647, § 1209, added par. (4) defining ‘‘in any one-year period’’. Pub. L. 101–647, § 1205(d), added par. (4) defining ‘‘State’’. 1986—Pub. L. 99–646, in amending section generally, made specific reference to applicability of section to agent of Indian tribal government or agency thereof, inserted provision that section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in usual course of busi- ness, struck out definition of term ‘‘organization’’, and otherwise revised structure of section. § 667. Theft of livestock Whoever obtains or uses the property of an- other which has a value of $10,000 or more in connection with the marketing of livestock in Page 168 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 668 interstate or foreign commerce with intent to deprive the other of a right to the property or a benefit of the property or to appropriate the property to his own use or the use of another shall be fined under this title or imprisoned not more than five years, or both. The term ‘‘live- stock’’ has the meaning set forth in section 2311 of this title. (Added Pub. L. 98–473, title II, § 1111, Oct. 12, 1984, 98 Stat. 2149; amended Pub. L. 103–322, title XXXIII, §§ 330009(b), 330016(1)(L), Sept. 13, 1994, 108 Stat. 2143, 2147.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ and inserted at end ‘‘The term ‘livestock’ has the meaning set forth in section 2311 of this title.’’ § 668. Theft of major artwork (a) DEFINITIONS.—In this section— (1) ‘‘museum’’ means an organized and per- manent institution, the activities of which af- fect interstate or foreign commerce, that— (A) is situated in the United States; (B) is established for an essentially edu- cational or aesthetic purpose; (C) has a professional staff; and (D) owns, utilizes, and cares for tangible objects that are exhibited to the public on a regular schedule. (2) ‘‘object of cultural heritage’’ means an object that is— (A) over 100 years old and worth in excess of $5,000; or (B) worth at least $100,000. (b) OFFENSES.—A person who— (1) steals or obtains by fraud from the care, custody, or control of a museum any object of cultural heritage; or (2) knowing that an object of cultural herit- age has been stolen or obtained by fraud, if in fact the object was stolen or obtained from the care, custody, or control of a museum (wheth- er or not that fact is known to the person), re- ceives, conceals, exhibits, or disposes of the object, shall be fined under this title, imprisoned not more than 10 years, or both. (Added Pub. L. 103–322, title XXXII, § 320902(a), Sept. 13, 1994, 108 Stat. 2123; amended Pub. L. 104–294, title VI, § 604(b)(18), Oct. 11, 1996, 110 Stat. 3507.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–294 designated first and second pars. beginning with quotation mark as pars. (1) and (2), respectively, and made technical amendment to provisions appearing in original. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. § 669. Theft or embezzlement in connection with health care (a) Whoever knowingly and willfully embez- zles, steals, or otherwise without authority con- verts to the use of any person other than the rightful owner, or intentionally misapplies any of the moneys, funds, securities, premiums, credits, property, or other assets of a health care benefit program, shall be fined under this title or imprisoned not more than 10 years, or both; but if the value of such property does not exceed the sum of $100 the defendant shall be fined under this title or imprisoned not more than one year, or both. (b) As used in this section, the term ‘‘health care benefit program’’ has the meaning given such term in section 24(b) of this title. (Added Pub. L. 104–191, title II, § 243(a), Aug. 21, 1996, 110 Stat. 2017.) § 670. Theft of medical products (a) PROHIBITED CONDUCT.—Whoever, in, or using any means or facility of, interstate or for- eign commerce— (1) embezzles, steals, or by fraud or decep- tion obtains, or knowingly and unlawfully takes, carries away, or conceals a pre-retail medical product; (2) knowingly and falsely makes, alters, forges, or counterfeits the labeling or docu- mentation (including documentation relating to origination or shipping) of a pre-retail med- ical product; (3) knowingly possesses, transports, or traf- fics in a pre-retail medical product that was involved in a violation of paragraph (1) or (2); (4) with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen; (5) with intent to defraud, sells, or distrib- utes, a pre-retail medical product that is ex- pired or stolen; or (6) attempts or conspires to violate any of paragraphs (1) through (5); shall be punished as provided in subsection (c) and subject to the other sanctions provided in this section. (b) AGGRAVATED OFFENSES.—An offense under this section is an aggravated offense if— (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the pre-retail medical product; or (2) the violation— (A) involves the use of violence, force, or a threat of violence or force; (B) involves the use of a deadly weapon; (C) results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; or (D) is subsequent to a prior conviction for an offense under this section. (c) CRIMINAL PENALTIES.—Whoever violates subsection (a)— (1) if the offense is an aggravated offense under subsection (b)(2)(C), shall be fined under this title or imprisoned not more than 30 years, or both; (2) if the value of the medical products in- volved in the offense is $5,000 or greater, shall