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Words "shall be guilty of a felony" were omitted. See Reviser's Note under section 550 of this title.

Words "and upon conviction thereof" were omitted as unnecessary since punishment cannot be imposed until a conviction is secured.

CROSS REFERENCES Laws of states adopted for areas within Federal jurisdiction, see section 13 of this title.

Provisions relating to larceny committed within Indian country, see sections 1151, 1153, 3242 of this title.

Special maritime and territorial jurisdiction of the United States defined, see section 7 of this title. 8662. Receiving stolen property within special mari.

time and territorial jurisdiction. Whoever, within the special maritime and territorial jurisdiction of the United States, buys, receives, or conceals any money, goods, bank notes, or other thing which may be the subject of larceny. which has been feloniously taken, stolen, or embezzled, from any other person, knowing the same to have been so taken, stolen, or embezzled, shall be fined not more than $1,000 or imprisoned not more than three years, or both; but if the amount or value of thing so taken, stolen or embezzled does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 731.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 467 (Mar. 4, 1909, ch. 821, § 288, 35 Stat. 1145).

Same language was inserted as in section 661 of this title for the same reason.

Mandatory punishment provision was rephrased in the alternative. (See reviser's note under section 201 of this title.)

The smaller punishment for an offense involving $100 or less was added. (See reviser's notes under sections 641 and 645 of this title.)

This accords with the recommendation of United States Attorney P. F. Herrick of Puerto Rico.

Language as to order of trial was omitted and incorporated in section 3435 of this title.

CROSS REFERENCES Laws of States adopted for areas within Federal jurisdiction, see section 13 of this title. Receiving

Articles stolen from the mails, see section 1708 of this title.

Goods stolen from Interstate or foreign shipments, see section 659 of this title. Special maritime and territorial jurisdiction of the United States defined, see section 7 of this title.

Chapter 33.—EMBLEMS, INSIGNIA AND NAMES Sec. 701. Official badges, identification cards, other insignia. 702. Uniform of armed forces and Public Health Service. 703. Uniform of friendly nation. 704. Military medals or decorations. 705. Badge or medal of veterans' organizations.

Red Cross. 707. 4-H Club emblem fraudulently used. 708. Swiss Confederation coat of arms. 709. False advertising or misuse of names to indicate

Federal agency. 710. Cremation urns for military use. 711. "Smokey Bear" character or name.

AMENDMENTS 1952-Act May 23, 1952, ch. 327, § 2, 66 Stat. 92, amended analysis by adding "item 711".

1950—Act Sept. 28, 1950, ch. 1092, $ 1 (a), 64 Stat. 1077, amended analysis by adding item "710. Cremation urns for military uses."

1949—Act May 24, 1949, ch. 139, $ 14, 63 Stat. 91, amended analysis by inserting "Uniform of armed forces and Public Health Service" in lieu of enumerating the specific branches for section 702. 8701. Official badges, identification cards, other in

signia. Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department 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 engraving, 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 not more than $250 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 731.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 76a, 76 (June 29, 1932, ch. 306, $$ 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 ambiguity as to scope of section.

Minor changes were made in phraseology. 8702. Uniform of armed forces and Public Health

Service. Whoever, in any place within the jurisdiction of the United States or in the Canal Zone, without authority, wears the uniform or a distinctive part thereof or anything similar to a distinctive part of the uniform of any of the armed forces of the United States, Public Health Service or any auxiliary of such, shall be fined not more than $250 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 732; May 24, 1949, ch. 139, $ 15 (a), 63 Stat. 91.)

8 663. Solicitation or use of gifts.

Whoever solicits any gift of money or other property, and represents that such gift is being solicited for the use of the United States, with the intention of embezzling, stealing, or purloining such gift, or converting the same to any other use or purpose, or whoever, having come into possession of any money or property which has been donated by the owner thereof for the use of the United States, embezzles, steals or purloins such money or property, or converts the same to any other use or purpose, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 731.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 641e of title 50, App. U. S. C., 1940 ed., War and National Defense (Mar. 27, 1942, 3 p. m., E. W. T., c. 199, Title XI, $ 1106, 56 Stat. 184).

This section was taken from the Second War Powers Act of 1942, which was temporary legislation. However, the subject matter was so independent of the war effort as to warrant its inclusion in this title as a permanent provision.

LEGISLATIVE HISTORY Reviser's Note.-Based on section 1425 of title 10, U. S. C., 1940 ed., Army and Air Force (Feb. 24, 1923, ch. 110, 42 Stat. 1286; Apr. 21, 1928, ch. 392, 45 Stat. 437).

Section was made to cover the decorations and medals of the Navy Department as well as the War Department. Minor changes were made in phraseology.

AMENDMENTS 1949—Act May 24, 1949 amended section to cover all service decorations awarded members of the armed forces by any of the armed services.

LEGISLATIVE HISTORY Reviser's Note.-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.. 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 established.

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.

AMENDMENTS 1949—Act May 24, 1949 amended section by inserting "armed forces" in lieu of enumerating specific branches in catchline and text of section, and by inserting "in any place within the jurisdiction of the United States or in the Canal Zone".

CROSS REFERENCES Authority to wear uniform of officers or enlisted men of armed forces, see Title 10, $$ 1028b and 1393.

Uniforms by Foreign Service of United States permitted in theatre of military operations, see section 803 of Title 22, Foreign Relations and Intercourse.

Wearing of uniforms and insignia of Public Health Service, see section 228 of Title 42, The Public Health and Welfare.

$ 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 uniform, decoration, or regalia of any foreign state, nation, or government with which the United States is at peace, or anything so nearly resembling the same as to be calculated to deceive, shall be fined not more than $250 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 732.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 246 of title 22, U.S.C., 1940 ed., Foreign 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 jurisdiction of the United States was omitted in view of section 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.

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. 8704. Military medals or decorations.

Whoever knowingly wears, manufactures, or sells 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 regulations made pursuant to law, shall be fined not more than $250 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 732; May 24, 1949, ch. 139, § 16, 63 Stat. 92.)

$ 705. Badge or medal of veterans' organizations.

Whoever knowingly manufactures, reproduces, sells or purchases for resale, either separately or on or appended to, any article of merchandise manufactured or sold, any badge, medal, emblem, or other insignia or any colorable imitation thereof, of any veterans' organization incorporated by enactment of Congress, or of any organization formally recognized by any such veterans' organization as an auxiliary of such veterans' organization or knowingly prints, lithographs, engraves or otherwise reproduces on any poster, circular, periodical, magazine, newspaper, or other publication, or circulates or distributes any such printed matter bearing a reproduction of such badge, medal, emblem, or other insignia or any colorable imitation thereof, except when authorized under rules and regulations prescribed by any such organization, shall be fined not more than $250 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 732; Aug. 4, 1950, ch. 578, 64 Stat. 413.)

LEGISLATIVE HISTORY Reviser's Note. Based on title 18, U. S. C., 1940 ed., $ 76e (June 25, 1940, ch. 426, 54 Stat. 571).

Words beginning the section are from the punishment provision of last sentence which was itself rewritten without surplusage. Changes were made in phraseology.

AMENDMENTS 1950—Act Aug. 4, 1950 amended section to bring within the protection of this section emblems, badges, or insignia of auxiliary organizations of veterans' organizations incorporated by an act of Congress. $706. Red Cross.

Whoever wears or displays the sign of the Red Cross or any insignia colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of or an agent for the American National Red Cross; or

Whoever, whether a corporation, association or person, other than the American National Red Cross and its duly authorized employees and agents and the sanitary and hospital authorities of the armed forces of the United States, uses the emblem of the Greek red cross on a white ground, or any sign or insignia made or colored in imitation thereof or the words “Red Cross" or "Geneva Cross" or any combination of these words

Shall be fined not more than $250 or imprisoned not more than six months, or both.

This section shall not make unlawful the use of any such emblem, sign, insignia or words which was lawful on the date of enactment of this title. (June 25, 1948, ch. 645, § 1, 62 Stat. 732; May 24, 1949, ch. 139, § 17, 63 Stat. 92.)

LEGISLATIVE HISTORY Reviser's Note.—Based on section 4 of title 36, Patriotic Societies and Observances (Jan. 5, 1905, ch. 23, $ 4, 38 Stat. 600; June 23, 1910, ch. 372, § 1, 36 Stat. 604).

False personation provision in first part of section was omitted here and incorporated in section 917 of this title.

Words of punishment "$250" and "six months" were substituted for "$500" and "one year" respectively as more consonant with penalties provided for similar offenses in this chapter. (See sections 701, 704, 705 of this title.)

Punishment provisions were also changed to omit reference to "misdemeanor” in view of definitive section 1 of this title. (See reviser's note under section 212 of this title.)

Words "upon conviction thereof" were omitted as surplusage, because punishment can only be imposed after conviction. Changes were made in phraseology.

AMENDMENTS 1949—Act May 24, 1949 amended section to embrace all service sanitary units.

CROSS REFERENCES Fraudulent use of certain insignia, see section 701 of this title. 8 707. 4-H club emblem fraudulently used.

Whoever, with intent to defraud, wears or displays the sign or emblem of the 4-H clubs, consisting of a green four-leaf clover with stem, and the letter H in white or gold on each leaflet, or any insignia in colorable imitation thereof, for the purpose of inducing the belief that he is a member of, associated with, or an agent or representative for the 4-H clubs; or

Whoever, whether an individual, partnership, corporation or association, other than the 4-H clubs and

se duly authorized by them the representatives of the United States Department of Agriculture, the land grant colleges, and persons authorized by the Secretary of Agriculture, uses, within the United States, such emblem or any sign, insignia, or symbol in colorable imitation thereof, or the words “4-H Club” or “4-H Clubs" or any combination of these or other words or characters in colorable imitation thereof

Shall be fined not more than $250 or imprisoned not more than six months, or both.

This section shall not make unlawful the use of any such emblem, sign, insignia or words which was lawful on the date of enactment of this title. (June 25, 1948, ch. 645, § 1, 62 Stat. 733.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 76c and 76d (June 5, 1939, ch. 184, $$ 1, 2, 53 Stat. 809).

The first provision of section 76c of title 18, U. S. C., 1940 ed., relating to fraudulently pretending to be a member of a 4H Club was incorporated in section 916 of this title.

The language describing the emblem was transposed. Unnecessary words were omitted from punishment provision, and "$250" was substituted for “$300" to make the punishment consonant with the penalties provided for similar offenses. (See sections 701, 704, 705 of this title for similar offenses.)

The language of section 76d of title 18, U. S. O., 1940 ed., was rephrased and inserted after “whoever," in the second paragraph.

Minor changes were made in phraseology.

8 708. Swiss Confederation coat of arms.

Whoever, whether a corporation, partnership, unincorporated company, association, or person within the United States, willfully uses as a trade mark, commercial label, or portion thereof, or as an advertisement or insignia for any business or organization or for any trade or commercial purpose, the coat of arms of the Swiss Confederation, consisting of an upright white cross with equal arms and lines on a red ground, or any simulation thereof, shall be fined not more than $250 or imprisoned not more than six months, or both.

This section shall not make unlawful the use of any such design or insignia which was lawful on August 31, 1948. (June 25, 1948, ch. 645, § 1, 62 Stat. 733; Oct. 31, 1951, ch. 655, $ 21a, 65 Stat. 719.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 248 of title 22, U. S. C., 1940 ed., Foreign Relations and Intercourse (June 20, 1936, ch. 635, $$ 1, 2, 49 Stat. 1557).

Reference to "jurisdiction" of the United States was omitted as unnecessary in view of definition of "United States" in section 5 of this title.

Words of punishment “$250" and "six months" were substituted for "$500" and "one year” respectively, as more consonant with penalties for similar offenses in this chapter. (See sections 701, 704, 705 of this title.)

Punishment provision was also changed to omit reference to "misdemeanor" in view of definitive section 1 of this title. (See reviser's note under section 212 of t this title.)

Words "upon conviction” were omitted as surplusage, because punishment can only be imposed after conviction. Minor changes were made in phraseology.

AMENDMENTS 1951-Act Oct. 31, 1951, amended section by adding second paragraph. 8709. False advertising or misuse of names to indicate

Federal agency. Whoever, except as permitted by the laws of the United States, uses the words “national”, “Federal", "United States”, “reserve", or "Deposit Insurance" as part of the business or firm name of a person, corporation, partnership, business trust, association or other business entity engaged in the banking, loan, building and loan, brokerage, factorage, insurance, indemnity, savings or trust business; or

Whoever falsely advertises or represents, or publishes or displays any sign, symbol or advertisement reasonably calculated to convey the impression that a nonmember bank, banking association, firm or partnership is a member of the Federal reserve system; or

Whoever, except as expressly authorized by Federal law, uses the words "Federal Deposit”, “Federal Deposit Insurance", or "Federal Deposit Insurance Corporation” or a combination of any three of these words, as the name or a part thereof under which he or it does business, or advertises or otherwise represents falsely by any device whatsoever that his or its deposit liabilities, obligations, certificates, or shares are insured or guaranteed by the Federal Deposit Insurance Corporation, or by the United States or by any instrumentality thereof, or whoever advertises that his or its deposits, shares, or accounts are federally insured, or falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which the deposit liabilities of an insured bank or banks are insured by the Federal Deposit Insurance Corporation; or

Whoever, not being organized under chapter 7 of Title 12, advertises or represents that it makes Federal Farm loans or advertises or offers for sale as Federal Farm loan bonds any bond not issued under chapter 7 of Title 12, or uses the word “Federal" or the words "United States" or any other words implying Government ownership, obligation or supervision in advertising or offering for sale any bond, note, mortgage or other security not issued by the Government of the United States under the provisions of said chapter 7 or some other Act of Congress; or

Whoever uses the words "Federal Home Loan Bank” or any combination or variation of these words alone or with other words as a business name or part of a business name, or falsely publishes, advertises or represents by any device or symbol or other means reasonably calculated to convey the impression that he or it is a Federal Home Loan Bank or member of or subscriber for the stock of a Federal Home Loan Bank; or

Whoever uses the words “National Agricultural Credit Corporation" as part of the business or firm name of a person, corporation, partnership, business trust, association or other business entity not organized under the laws of the United States as a National Agricultural Credit Corporation; or

Whoever uses the words "Federal intermediate credit bank" as part of the business or firm name for any person, corporation, partnership, business trust, association or other business entity not organized as an intermediate credit bank under the laws of the United States; or

Whoever uses as a firm or business name the words “Federal Housing,” “National Housing” or “Public Housing Administration” or any combination or variation of those words alone or with other words reasonably calculated to convey the false impression that such name or business has some connection with, or authorization from the Federal Housing Administration, the Public Housing Administration, the Government of the United States or any agency thereof, which does not in fact exist, or falsely advertises by any device whatsoever that any project, business or product has been in any way indorsed, authorized or approved by the Federal Housing Administration, the Public Housing Administration, the Government of the United States or any agency thereof; or

Whoever uses as a firm or business name the words "Reconstruction Finance Corporation" or any combination or variation of these words

Shall be punished as follows: a corporation, partnership, business trust, association, or other business entity, by a fine of not more than $1,000; an officer or member thereof participating or knowingly acquiescing in such violation or any individual violating this section, by a fine of not more than $1,000 or imprisonment for not more than one year, or both.

This section shall not make unlawful the use of any name or title which was lawful on the date of enactment of this title.

This section shall not make unlawful the use of the word "national" as part of the name of any business or firm engaged in the insurance or indemnity business, whether such firm was engaged in the insurance or indemnity business prior or subsequent to the date of enactment of this paragraph.

A violation of this section may be enjoined at the suit of the United States Attorney, upon complaint by any duly authorized representative of any department or agency of the United States. (June 25, 1948, ch. 645, § 1, 62 Stat. 733; Sept. 21, 1950, ch. 967, 83 (a), 64 Stat. 894; Oct. 31, 1951, ch. 655, $ 22, 65 Stat. 719; July 3, 1952, ch. 547, 66 Stat. 321.)

LEGISLATIVE HISTORY Reviser's Note.-Based on sections 264 (v) (1), 583, 584, 585, 586, 587, 1128, 1318, 1441 (d), 1731 (d) of title 12, U. S. C., 1940 ed., Banks and Banking, section 616 (d) of title 15, U. S. C., 1940 ed., Commerce and Trade, and section 1426 of title 42, U. S. C., 1940 ed., The Public Health and Welfare (R. S. § 5243; Dec. 23, 1913, ch. 6, § 12B (v), as added June 16, 1933, ch. 89, § 8, 48 Stat. 178; July 17, 1916, ch. 245, § 211h, as added Mar. 4, 1923, ch. 252, $ 2, 42 Stat. 1461; Mar. 4, 1923, ch. 252, title II, § 216, 42 Stat. 1471; May 24, 1926, ch. 377, $$ 144, 44 Stat. 628; Jan. 22, 1932, ch. 8, § 16 (d), 47 Stat. 12; July 22, 1932, ch. 522, § 21, 47 Stat. 738; June 27, 1934, ch. 847, $ 512, 48 Stat. 1265; Aug. 23, 1935, ch. 614, $$ 101, 203a, 318, 332, 49 Stat. 684, 704, 712, 719; Apr. 21, 1936, ch. 244, 49 Stat. 1237; Sept. 1, 1937, ch. 896, § 26, 50 Stat. 899; Feb. 3, 1938, ch. 13, $$ 9, 10, 52 Stat. 24, 25; June 28, 1941, ch. 261, § 10, 55 Stat. 365).

Numerous sections were consolidated with changes both of phraseology and substance necessary to effect consolidation.

The proviso of section 585 of sald title 12 was omitted, since the consolidated section obviously cannot be construed as forbidding Federal agencies, boards, and corporations from using their legal names. The right to continue the use of a name, lawful on the effective date of this section, is preserved.

Last paragraph is based upon section 587 of said title 12. Words "At the suit of" were substituted for “at the instance of". United States Attorneys are the chief law officers of the districts. United States v. Smith, 1895, 15 S. Ct. 846, 158 U. S. 346, 39 L. Ed. 1011; McKay v. Rogers, C. C. A. Okl. 1936, 82 F. 2d 795. Federal courts will not recognize suits on behalf of the United States unless the Government is represented by a United States Attorney. Confiscation cases, La. 1868, 7 Wall. 454, 19 L. Ed. 196.

The words "any duly authorized representative of any department or agency of the United States" were substituted for the enumeration of agencies which may make complaint thus making the provision more flexible and less cumbersome.

This consolidated section reconciles the disparities and inconsistencies of 12 sections; thus providing a harmonious scheme for the punishment of similar offenses.

The punishment provision was drawn from section 587 of title 12, U. S. C., 1940 ed., Banks and Banking, but is in substance and effect the same as in sections 264v (1), 1441 (d) and 1731 (d) of said title 12, but the civil penalty of $50 per day which was in sections 583, 1128, and 1318 of said title 12, was omitted as inconsistent with later acts dealing with similar offenses. Too often actions to recover civil penalties result in judgments which cannot be collected, and yet as long as they remain uncollected they clog the administration of justice.

It was necessary to substitute a fine in place of a $50 per diem penalty for business entities embraced in sections 583, 1128, and 1318 of said title 12, and fine and imprisonment for individuals responsible for such violaDEPOSIT OF FEES; AVAILABILITY Deposit of fees collected under regulations governing “Smokey Bear" and availability for use, see section 488a of Title 31, Money and Finance.

tions. Similarly the penalty of $1,000 fine in section 1426 of title 42, The Public Health and Welfare, was changed to permit alternative fine or imprisonment for individuals responsible for violation.

REFERENCES IN TEXT "Prior or subsequent to the enactment of this paragraph,” referred to in the text of the next to last paragraph, refers to act July 3, 1952.

AMENDMENTS 1952-Act July 3, 1952, amended section to permit the use of the word "national" as a part of the name of an Insurance or indemnity company in next to last paragraph.

1951—Act Oct. 31, 1951, amended eighth paragraph by substituting “Public Housing Administration" in lieu of "United States Housing Authority", and inserting "Public Housing Administration," after “Federal Housing Administration".

1950_Act Sept. 21, 1950, amended third paragraph to also make subject to the provisions of this section whoever advertises that his or its deposit liabilities, obligations, certificates, or shares are Federally insured.

EFFECTIVE DATE OF 1950 AMENDMENT Section 3 (b) of act Sept. 21, 1950, provided that the amendment by section 3 (a) of said act Sept. 21, 1950, should become effective on Jan. 1, 1951.

$710. Cremation urns for military use.

Whoever knowingly uses, manufactures, or sells any cremation urn of a design approved by the Secretary of Defense for use to retain the cremated remains of deceased members of the armed forces or an urn which is a colorable imitation of the approved design, except when authorized under regulation made pursuant to law, shall be fined not more than $250 or imprisoned for not more than six months, or both. (Added Sept. 28, 1950, ch. 1092, § 1 (b), 64 Stat. 1077.) 8711. “Smokey Bear” character or name.

Whoever, except as authorized under rules and regulations issued by the Secretary of Agriculture after consultation with the Association of State Foresters and the Advertising Council, knowingly manufactures, reproduces, or uses the character “Smokey Bear”, originated by the Forest Service, United States Department of Agriculture, in cooperation with the Association of State Foresters and the Advertising Council for use in public information concerning the prevention of forest fires, or any facsimile thereof, or the name "Smokey Bear" as a trade name or in such manner as suggests the character “Smokey Bear" shall be fined not more than $250 or imprisoned not more than six months, or both.

The Secretary of Agriculture may specially authorize the manufacture, reproduction, or use of the character “Smokey Bear" for a period not to exceed one hundred and eighty days, expiring no later than one year after the enactment hereof, by any person who, because of plans or commitments made prior to the enactment of this Act, would suffer substantial loss if denied such authorization. (Added May 23, 1952, ch. 327, § 1, 66 Stat. 92.)

Chapter 35.-ESCAPE AND RESCUE Sec. 751. Prisoners in custody of institution or officer. 752. Instigating or assisting escape. 753. Rescue to prevent execution. 754. Rescue of body of executed offender. 755. Officer permitting escape. 756. Internee of belligerent nation. 757. Prisoners of war or enemy aliens. 8 751. Prisoners in custody of institution or officer.

Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or commissioner, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined not more than $5,000 or imprisoned not more than five years, or both; or if the custody or confinement is for extradition or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, $ 1, 62 Stat. 734.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 753h, 909 (May 14, 1930, ch. 274, $ 9, 46 Stat. 327; May 27, 1930, ch. 339, § 9, 46 Stat. 390; Aug. 3, 1935, ch. 432, 49 Stat. 513).

Sections 753h and 909 of title 18, U. S. C., 1940 ed., were consolidated. Section 753h is later and more comprehensive. The substance of its provisions was adopted.

References to offenses as felonies or misdemeanors were omitted in view of definitive section 1 of this title. (See also reviser's notes under sections 212 and 550 of this title.)

Mandatory provision as to separate sentences and order of service was omitted in order to permit court to exercise discretion as to whether sentences should be concurrent or consecutive and to obviate administration problems in enforcement of section.

Words "or employee" were inserted to remove ambiguity as to scope of section.

Reference to "custody or confinement is for extradition" was inserted to avoid possible ambiguity. Changes were made in phraseology and arrangement.

CROSS REFERENCES Arrests by Bureau of Prisons employees, see section 3050 of this title.

Bureau of Prisons employees, power to arrest without warrant for violations of this section, see section 3050 of this title.

$ 752. Instigating or assisting escape.

Whoever rescues or attempts to rescue or instigates, aids or assists the escape of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution by his direction, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined not more

REFERENCES IN TEXT Words "no later than one year after the enactment hereof” and “prior to the enactment of this Act" referred to in the text, refer to one year from May 23, 1952.

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