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18 U.S.C. § 474A — Deterrents to counterfeiting of obliga-

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 474A — Deterrents to counterfeiting of obliga-

Page 119 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 476 1996—Subsec. (a). Pub. L. 104–208, §§ 101(f) [title VI, § 648(a)] and 2603(a), amended subsec. (a) identically, substituting ‘‘class B felony’’ for ‘‘class C felony’’ in last par. 1992—Subsec. (a). Pub. L. 102–550, § 1552(1)–(4), des- ignated existing provisions as subsec. (a), in sixth un- designated par., substituted ‘‘United States—’’ for ‘‘United States; or’’ at end, struck out seventh undesig- nated par. which read as follows: ‘‘Whoever has or re- tains in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treas- ury for the obligations and other securities of the United States, any similar paper adapted to the mak- ing of any such obligation or other security, except under the authority of the Secretary of the Treasury or some other proper officer of the United States—’’, and amended last undesignated par. generally. Prior to amendment, last par. read as follows: ‘‘Shall be fined not more than $5,000 or imprisoned not more than fif- teen years, or both.’’ Subsec. (b). Pub. L. 102–550, § 1552(5), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 648(c)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–368, pro- vided that: ‘‘This section [enacting section 514 of this title and amending this section and section 474A of this title] and the amendments made by this section shall become effective on the date of enactment of this Act [Sept. 30, 1996] and shall remain in effect during each fiscal year following that date of enactment.’’ § 474A. Deterrents to counterfeiting of obliga- tions and securities (a) Whoever has in his control or possession, after a distinc

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Page 119 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 476 1996—Subsec. (a). Pub. L. 104–208, §§ 101(f) [title VI, § 648(a)] and 2603(a), amended subsec. (a) identically, substituting ‘‘class B felony’’ for ‘‘class C felony’’ in last par. 1992—Subsec. (a). Pub. L. 102–550, § 1552(1)–(4), des- ignated existing provisions as subsec. (a), in sixth un- designated par., substituted ‘‘United States—’’ for ‘‘United States; or’’ at end, struck out seventh undesig- nated par. which read as follows: ‘‘Whoever has or re- tains in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treas- ury for the obligations and other securities of the United States, any similar paper adapted to the mak- ing of any such obligation or other security, except under the authority of the Secretary of the Treasury or some other proper officer of the United States—’’, and amended last undesignated par. generally. Prior to amendment, last par. read as follows: ‘‘Shall be fined not more than $5,000 or imprisoned not more than fif- teen years, or both.’’ Subsec. (b). Pub. L. 102–550, § 1552(5), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 648(c)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–368, pro- vided that: ‘‘This section [enacting section 514 of this title and amending this section and section 474A of this title] and the amendments made by this section shall become effective on the date of enactment of this Act [Sept. 30, 1996] and shall remain in effect during each fiscal year following that date of enactment.’’ § 474A. Deterrents to counterfeiting of obliga- tions and securities (a) Whoever has in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury, is guilty of a class B felony. (b) Whoever has in his control or possession, after a distinctive counterfeit deterrent has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States by publication in the Federal Reg- ister, any essentially identical feature or device adapted to the making of any such obligation or security, except under the authority of the Sec- retary of the Treasury, is guilty of a class B fel- ony. (c) As used in this section— (1) the term ‘‘distinctive paper’’ includes any distinctive medium of which currency is made, whether of wood pulp, rag, plastic substrate, or other natural or artificial fibers or mate- rials; and (2) the term ‘‘distinctive counterfeit deter- rent’’ includes any ink, watermark, seal, secu- rity thread, optically variable device, or other feature or device; (A) in which the United States has an ex- clusive property interest; or (B) which is not otherwise in commercial use or in the public domain and which the Secretary designates as being necessary in preventing the counterfeiting of obligations or other securities of the United States. (Added Pub. L. 102–550, title XV, § 1553(a), Oct. 28, 1992, 106 Stat. 4070; amended Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 648(a)], title II, § 2603(a), Sept. 30, 1996, 110 Stat. 3009–314, 3009–367, 3009–470.) Editorial Notes AMENDMENTS 1996—Subsecs. (a), (b). Pub. L. 104–208, §§ 101(f) [title VI, § 648(a)] and 2603(a), amended section identically, substituting ‘‘class B felony’’ for ‘‘class C felony’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective Sept. 30, 1996, and to remain in effect for each fiscal year following Sept. 30, 1996, see section 101(f) [title VI, § 648(c)] of Pub. L. 104–208, set out as a note under section 474 of this title. § 475. Imitating obligations or securities; adver- tisements Whoever designs, engraves, prints, makes, or executes, or utters, issues, distributes, cir- culates, or uses any business or professional card, notice, placard, circular, handbill, or ad- vertisement in the likeness or similitude of any obligation or security of the United States issued under or authorized by any Act of Con- gress or writes, prints, or otherwise impresses upon or attaches to any such instrument, obli- gation, or security, or any coin of the United States, any business or professional card, notice, or advertisement, or any notice or advertise- ment whatever, shall be fined under this title. Nothing in this section applies to evidence of postage payment approved by the United States Postal Service. (June 25, 1948, ch. 645, 62 Stat. 706; July 16, 1951, ch. 226, § 2, 65 Stat. 122; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–162, title XI, § 1192, Jan. 5, 2006, 119 Stat. 3129.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 292 (Mar. 4, 1909, ch. 321, § 177, 35 Stat. 1122). Enumeration of obligations of the United States was omitted in view of definition in section 8 of this title. Changes in phraseology were also made. Editorial Notes AMENDMENTS 2006—Pub. L. 109–162 inserted at end ‘‘Nothing in this section applies to evidence of postage payment ap- proved by the United States Postal Service.’’ 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. 1951—Act July 16, 1951, prohibited use of notices or advertising prints or labels on United States coins. § 476. Taking impressions of tools used for obli- gations or securities Whoever, without authority from the United States, takes, procures, or makes an impression, stamp, analog, digital, or electronic image, or imprint of, from or by the use of any tool, im- plement, instrument, or thing used or fitted or intended to be used in printing, stamping, or im- pressing, or in making other tools, implements, instruments, or things to be used or fitted or in-

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 474A — Deterrents to counterfeiting of obligations and securities

**(a)** Whoever has in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury, is guilty of a class B felony. **(b)** Whoever has in his control or possession, after a distinctive counterfeit deterrent has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States by publication in the Federal Register, any essentially identical feature or device adapted to the making of any such obligation or security, except under the authority of the Secretary of the Treasury, is guilty of a class B felony. **(c)** As used in this section— (1) the term “distinctive paper” includes any distinctive medium of which currency is made, whether of wood pulp, rag, plastic substrate, or other natural or artificial fibers or materials; and (2) the term “distinctive counterfeit deterrent” includes any ink, watermark, seal, security thread, optically variable device, or other feature or device; (A) in which the United States has an exclusive property interest; or (B) which is not otherwise in commercial use or in the public domain and which the Secretary designates as being necessary in preventing the counterfeiting of obligations or other securities of the United States.

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