18 U.S.C. § 2076 — Clerk of United States District Court

Page 497 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2076 cies, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 795; 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., § 215 (Mar. 4, 1909, ch. 321, § 124, 35 Stat. 1111). Words ‘‘or any of its agencies’’ were inserted after ‘‘United States’’ so as to eliminate any possible ambi- guity as to scope of section. (See definitive section 6 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’’. § 2073. False entries and reports of moneys or se- curities Whoever, being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of keeping accounts or records of any kind, with intent to deceive, mislead, injure, or defraud, makes in any such account or record any false or ficti- tious entry or record of any matter relating to or connected with his duties; or Whoever, being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of re- ceiving or holding in trust for any person any moneys or securities, with like intent, makes a false report of such moneys or securities— Shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 795; 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., § 189 (Mar. 4, 1911, ch. 270, 36 Stat. 1355). Words ‘‘or any of its agencies’’ were inserted after ‘‘United States’’ so as to eliminate any possible ambi- guity as to scope of section. (See definitive section 6 of this title.) References to persons aiding and abetting were omit- ted. Such persons are principals under section 2 of this title. Minor verbal changes were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in last par. § 2074. False weather reports Whoever knowingly issues or publishes any counterfeit weather forecast or warning of weather conditions falsely representing such forecast or warning to have been issued or pub- lished by the Weather Bureau, United States Signal Service, or other branch of the Govern- ment service, shall be fined under this title or imprisoned not more than ninety days, or both. (June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 117 (Mar. 4, 1909, ch. 321, § 61, 35 Stat. 1100). Minor verbal changes were made. Editorial Notes REFERENCES IN TEXT The United States Signal Service, referred to in text, is now the Signal Corps which is a branch of the Army, see section 3063 of Title 10, Armed Forces. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. Executive Documents TRANSFER OF FUNCTIONS Weather Bureau of Department of Commerce consoli- dated with Coast and Geodetic Survey to form a new agency in Department of Commerce to be known as En- vironmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Govern- ment Organization and Employees. All functions of Bu- reau transferred to Secretary of Commerce by the Plan. Environmental Science Services Administration abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees, which created National Oceanic and Atmospheric Ad- ministration in Department of Commerce. By Depart- ment Organization Order 25–5A, republished 39 F.R. 27486, Secretary of Commerce delegated to NOAA his functions relating to Weather Bureau. By order of Act- ing Associate Administrator of NOAA, the organization name of Weather Bureau was changed to National Weather Service. For further details, see Codification note under section 311 of Title 15, Commerce and Trade. § 2075. Officer failing to make returns or reports Every officer who neglects or refuses to make any return or report which he is required to make at stated times by any Act of Congress or regulation of the Department of the Treasury, other than his accounts, within the time pre- scribed by such Act or regulation, shall be fined under this title. (June 25, 1948, ch. 645, 62 Stat. 796; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(ii), Nov. 2, 2002, 116 Stat. 1809.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 188, (Mar. 4, 1909, ch. 321, § 101, 35 Stat. 1107). Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 substituted ‘‘under this title’’ for ‘‘not more than $1,000’’. § 2076. Clerk of United States District Court Whoever, being a clerk of a district court of the United States, willfully refuses or neglects to make or forward any report, certificate, statement, or document as required by law, shall be fined under this title or imprisoned not more than one year, or both. Page 498 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2101 1 So in original. Probably should be ‘‘paragraph (1), (2), (3), or (4) of this subsection—’’. 2 So in original. Probably should be ‘‘paragraph (1), (2), (3), or (4) of subsection (a)’’. (June 25, 1948, ch. 645, 62 Stat. 796; Pub. L. 104–294, title VI, § 601(a)(11), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Based on section 522 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (Feb. 22, 1875, ch. 95, § 6, 18 Stat. 334). The reference to the offense as a misdemeanor was omitted as unnecessary in view of the definition of ‘‘misdemeanor’’ in section 1 of this title. The last sentence providing that conviction should not be a condition precedent to removal from office was omitted as unnecessary. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘fined under this title or imprisoned not more than one year, or both’’ for ‘‘fined not more than $1,000 or imprisoned not more than one year’’ before period at end. CHAPTER 102—RIOTS Sec. 2101. Riots. 2102. Definitions. Editorial Notes AMENDMENTS 1968—Pub. L. 90–284, title I, § 104(a), Apr. 11, 1968, 82 Stat. 75, added chapter 102 and items 2101 and 2102. § 2101. Riots (a) Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including, but not limited to, the mail, telegraph, telephone, radio, or tele- vision, with intent— (1) to incite a riot; or (2) to organize, promote, encourage, partici- pate in, or carry on a riot; or (3) to commit any act of violence in further- ance of a riot; or (4) to aid or abet any person in inciting or participating in or carrying on a riot or com- mitting any act of violence in furtherance of a riot; and who either during the course of any such travel or use or thereafter performs or attempts to perform any other overt act for any purpose specified in subparagraph (A), (B), (C), or (D) of this paragraph— 1 Shall be fined under this title, or imprisoned not more than five years, or both. (b) In any prosecution under this section, proof that a defendant engaged or attempted to engage in one or more of the overt acts de- scribed in subparagraph (A), (B), (C), or (D) of paragraph (1) of subsection (a) 2 and (1) has trav- eled in interstate or foreign commerce, or (2) has use of or used any facility of interstate or foreign commerce, including but not limited to, mail, telegraph, telephone, radio, or television, to communicate with or broadcast to any person or group of persons prior to such overt acts, such travel or use shall be admissible proof to establish that such defendant traveled in or used such facility of interstate or foreign commerce. (c) A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts. (d) Whenever, in the opinion of the Attorney General or of the appropriate officer of the De- partment of Justice charged by law or under the instructions of the Attorney General with au- thority to act, any person shall have violated this chapter, the Department shall proceed as speedily as possible with a prosecution of such person hereunder and with any appeal which may lie from any decision adverse to the Gov- ernment resulting from such prosecution. (e) Nothing contained in this section shall be construed to make it unlawful for any person to travel in, or use any facility of, interstate or foreign commerce for the purpose of pursuing the legitimate objectives of organized labor, through orderly and lawful means. (f) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Com- monwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdic- tion in the absence of this section; nor shall anything in this section be construed as depriv- ing State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are viola- tions of State and local law. (Added Pub. L. 90–284, title I, § 104(a), Apr. 11, 1968, 82 Stat. 75; amended Pub. L. 99–386, title I, § 106, Aug. 22, 1986, 100 Stat. 822; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(15), Oct. 11, 1996, 110 Stat. 3500.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–294 struck out par. (1) designation and redesignated subpars. (A) to (D) as pars. (1) to (4), respectively. 1994—Subsec. (a)(1). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1986—Subsec. (d). Pub. L. 99–386 struck out ‘‘; or in the alternative shall report in writing, to the respec- tive Houses of the Congress, the Department’s reason for not so proceeding’’ after ‘‘such prosecution’’. § 2102. Definitions (a) As used in this chapter, the term ‘‘riot’’ means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an as- semblage of three or more persons having, indi- vidually or collectively, the ability of imme- diate execution of such threat or threats, where the performance of the threatened act or acts of