18 U.S.C. § 915 — Foreign diplomats, consuls or officers

Page 216 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 914 Words ‘‘and upon conviction thereof’’ preceding ‘‘shall be’’ were omitted as surplusage since punishment can- not be imposed until conviction is secured. Maximum imprisonment provision was changed from 1 year to 3 years so as to be consistent with sections 911 and 912 of this title, the latter having also been changed to 3 years. There is no sound reason why a uni- form punishment should not be prescribed for the of- fenses defined in these three sections. Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 914. Creditors of the United States Whoever falsely personates any true and law- ful holder of any share or sum in the public stocks or debt of the United States, or any per- son entitled to any annuity, dividend, pension, wages, or other debt due from the United States, and, under color of such false personation, trans- fers or endeavors to transfer such public stock or any part thereof, or receives or endeavors to receive the money of such true and lawful holder thereof, or the money of any person really enti- tled to receive such annuity, dividend, pension, wages, or other debt, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 742; 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., § 78 (Mar. 4, 1909, ch. 321, § 33, 35 Stat. 1095). Words ‘‘prize money’’ after ‘‘pension’’ were deleted as repealed by act Mar. 3, 1899, ch. 413, 30 Stat. 1007, re- pealing all laws authorizing prize money distribution. Mandatory punishment was rephrased in the alter- native. In the punishment provision the words ‘‘five years’’ were substituted for ‘‘ten years’’ to harmonize it with the punishment provisions in sections 287 and 1001 of this title, covering similar offenses. (See reviser’s note under section 287 of this title.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 915. Foreign diplomats, consuls or officers Whoever, with intent to defraud within the United States, falsely assumes or pretends to be a diplomatic, consular or other official of a for- eign government duly accredited as such to the United States and acts as such, or in such pre- tended character, demands or obtains or at- tempts to obtain any money, paper, document, or other thing of value, shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 232 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (June 15, 1917, ch. 30, title VIII, § 2, 40 Stat. 226; Mar. 28, 1940, ch. 72, § 6, 54 Stat. 80). Reference to ‘‘jurisdiction’’ of the United States was omitted as unnecessary in view of definition of ‘‘United States’’ in section 5 of this title. Mandatory punishment provision was rephrased in the alternative. 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’’. § 916. 4–H Club members or agents Whoever, falsely and with intent to defraud, holds himself out as or represents or pretends himself to be a member of, associated with, or an agent or representative for the 4–H clubs, an organization established by the Extension Serv- ice of the United States Department of Agri- culture and the land grant colleges, shall be fined under this title or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103–322, title XXXIII, § 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 76c (June 5, 1939, ch. 184, § 1, 53 Stat. 809). Section 76c of title 18, U.S.C., 1940 ed., was incor- porated in this section and section 707 of this title. Reference to offense as a misdemeanor was omitted in view of definitive section 1 of this title. Words ‘‘upon conviction thereof’’ were omitted, since criminal pun- ishment can follow only after conviction. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $300’’. § 917. Red Cross members or agents Whoever, within the United States, falsely or fraudulently holds himself out as or represents or pretends himself to be a member of or an agent for the American National Red Cross for the purpose of soliciting, collecting, or receiving money or material, shall be fined under this title or imprisoned not more than 5 years, or both. (June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–56, title X, § 1011(c), Oct. 26, 2001, 115 Stat. 396.) HISTORICAL AND REVISION NOTES Based on section 4 of title 36, U.S.C., 1940 ed., Patri- otic Societies and Observances (Jan. 5, 1905, ch. 23, § 4, 33 Stat. 600; June 23, 1910, ch. 372, § 1, 36 Stat. 604). Section 4 of title 36, U.S.C., 1940 ed., Patriotic Soci- eties and Observances, was divided into this section and section 706 of this title. Reference to ‘‘jurisdiction’’ of the United States was omitted as unnecessary in view of definition of ‘‘United States’’ in section 5 of this title. Reference to offense as a misdemeanor was omitted in view of definitive section 1 of this title. Words ‘‘upon conviction thereof’’ were omitted as punishment cannot be imposed until conviction is se- cured.