Sidebilder
PDF
ePub

Chapter 101.-RECORDS AND REPORTS Sec. 2071. Concealment, removal, or mutilation generally. 2072. False crop reports. 2073. False entries and reports of moneys or securities, 2074. False weather reports. 2075. Officer failing to make returns or reports. 2076. Clerk of United States District Court.

CROSS REFERENCES
War contract records, see section 443 of this title.

82071. Concealment, removal, or mutilation generally.

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filled or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined not more than $2,000 or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined not more than $2,000 or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.

(June 25, 1948, ch. 645, § 1, 62 Stat. 795.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 234, 235 (Mar. 4, 1909, ch. 321, $ $ 128, 129, 35 Stat. 1111, 1112).

Section consolidates sections 234 and 235 of title 18, U. S. C., 1940 ed.

Reference in subsection (a) to intent to steal was omitted as covered by section 641 of this title. Minor changes were made in phraseology.

CROSS REFERENCES Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 202, 205, 206, 207, 216, 281, 282, 592, 593, 1901, 2381, 2385, and 2387 of this title. Theft of—

Court record or process, see section 1506 of this title,

Records, see section 641 of this title. War contract records, see section 443 of this title.

8 2073. False entries and reports of moneys or securi

ties. 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 fictitious entry or record of any matter relating to or connected with his duties; or

Whoever, being an oficer, 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 receiving 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 not more than $5,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 795.)

LEGISLATIVE HISTORY Reviser's Note.--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 ambiguity as to scope of section. (See definitive section 6 of this title.)

References to persons aiding and abetting were omitted. Such persons are principals under section 2 of this title.

Minor verbal changes were made. 8 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 published by the Weather Bureau, United States Signal Service, or other branch of the Government service, shall be fined not more than $500 or imprisoned not more than ninety days, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 795.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 117 (Mar. 4, 1909, ch. 321, $ 61, 35 Stat. 1100). Minor verbal changes were made.

TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, $f 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees. The Weather Bureau, referred to in this section, is a bureau of the Department of Commerce. 8 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 prescribed by such Act or regulation, shall be fined not more than $1,000. (June 25, 1948, ch. 645, § 1, 62 Stat. 796.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 188 (Mar. 4, 1909, ch. 321, $ 101, 35 Stat. 1107).

8 2072. False crop reports.

Whoever, being an oficer or employee of the United States or any of its agencies, whose duties require the compilation or report of statistics or information relating to the products of the soil, knowingly compiles for issuance, or issues, any false statistics or information as a report of the United States or any of its agencies, 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. 795.)

LEGISLATIVE HISTORY Reviser's Note.-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 ambiguity as to scope of section. (See definitive section 6 of this title.)

Minor changes were made in phraseology.

24626-53-vol. 2—56

8 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 not more than $1,000 or imprisoned not more than one year. (June 25, 1948, ch. 645, § 1, 62 Stat. 796.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 522 of title 28, U. 8. C., 1940 ed., Judicial 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. (See reviser's note under section 212 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.

CROSS REFERENCES Removal of clerk from office, see section 751 of Title 28, Judiciary and Judicial Procedure.

Chapter 103.-ROBBERY AND BURGLARY Sec. 2111. Special maritime and territorial Jurisdiction. 2112. Personal property of United States. 2113. Bank robbery and incidental crimes. 2114. Mail, money, or other property of United States. 2115. Post office. 2116. Railway or steamboat post office. 2117. Railroad car entered or seal broken.

$2111. Special maritime and territorial jurisdiction.

Whoever, within the special maritime and territorial jurisdiction of the United States, by force and violence, or by intimidation, takes from the person or presence of another anything of value, shall be imprisoned not more than fifteen years. (June 25, 1948, ch. 645, § 1, 62 Stat. 796.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 463 (Mar. 4, 1909, ch. 321, $ 284, 35 Stat. 1144).

Words "within the special maritime and territorial Jurisdiction of the United States" were added to restrict the place of the offense to those places described in section 451 of title 18, U. S. C., 1940 ed., now section 7 of this title. Minor changes were made in phraseology.

CROSS REFERENCES Definition, see section 7 of this title.

High seas, citizen committing as pirate, see section 1652 of this title.

8 2113. Bank robbery and incidental crimes.

(a) Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, or any savings and loan association; or

Whoever enters or attempts to enter any bank, or any savings and loan association, or any building used in whole or in part as a bank, or as a savings and loan association, with intent to commit in such bank, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank or such savings and loan association and in violation of any statute of the United States, or any larceny

Shall be fined not more than $5,000 or imprisoned not more than twenty years, or both.

(b) Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value exceeding $100 belonging to, or in the care, custody, control, management, or possession of any bank, or any savings and loan association, shall be fined not more than $5,000 or imprisoned not more than ten years, or both; or

Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value not exceeding $100 belonging to, or in the care, custody, control, management, or possession of any bank, or any savings and loan association, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(c) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value knowing the same to have been taken from a bank, or a savings and loan association, in violation of subsection (b) of this section shall be subject to the punishment provided by said subsection (b) for the taker.

(d) Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined not more than $10,000 or imprisoned not more than twentyfive years, or both.

(e) Whoever, in committing any offense defined in this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than ten years, or punished by death if the verdict of the jury shall so direct.

(f) As used in this section the term “bank" means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

(g) As used in this section the term "savings and loan association" means any Federal savings and

$ 2112. Personal property of United States.

Whoever robs another of any kind or description of personal property belonging to the United States, shall be imprisoned not more than fifteen years. (June 25, 1948, ch. 645, § 1, 62 Stat. 796.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 99 (Mar. 4, 1909, ch. 321, $ 46, 35 Stat. 1097).

That portion of said section 99 relating to felonious taking was omitted as covered by section 641 of this title.

The punishment by fine of not more than $5,000 or imprisoned not more than 10 years, or both, was changed to harmonize with section 2111 of this title. The 15-year penalty is not excessive for an offense of this type. Minor verbal change was made.

CROSS REFERENCES Embezzlement and theft of public property, see section 641 of this title.

for the first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robbery he wounds the person having custody of such mail, money, or other property of the United States, or puts his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned twenty-five years. (June 25, 1948, ch. 645, § 1, 62 Stat. 797.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. 8. O., 1940 ed., $ 320 (Mar. 4, 1909, ch. 321, § 197, 35 Stat. 1126; Aug. 26, 1935, ch. 694, 49 Stat. 867).

The attention of Congress is directed to the mandatory minimum punishment provisions of sections 2113 (e) and 2114 of this title. These were left unchanged because of the controversial question involved. Such legislative attempts to control the discretion of the sentencing judge are contrary to the opinions of experienced criminologists and criminal law experts. They are calculated to work manifest injustice in many cases. Minor changes were made in phraseology.

CROSS REFERENCES
Theft of mall matter, see section 1708 of this title.

loan association and any "insured institution” as defined in section 401 of the National Housing Act, as amended. (June 25, 1948, ch. 645, § 1, 62 Stat. 796; Aug. 3, 1950, ch. 516, 64 Stat. 394; Apr. 8, 1952, ch. 164, 66 Stat. 46.)

LEGISLATIVE HISTORY Reviser's Note.-Based on sections 5888, 588b, 688c, of title 12, U. S. C., 1940 ed., Banks and Banking (May 18, 1934, ch. 304, $$ 1, 2, 3, 48 Stat. 783; Aug. 23, 1935, ch. 614, $ 333, 49 Stat. 720; Aug. 24, 1937, ch. 747, 50 Stat. 749; June 29, 1940, ch. 455, 54 Stat. 695).

Section consolidates sections 588a, 588b, and 588c of title 12, U. S. C., 1940 ed., Banks and Banking, as suggested by United States Attorney Clyde 0. Eastus, of Fort Worth, Tex.

Words "felony or larceny" in subsection (a) were changed to “felony affecting such bank and in violation of any statute of the United States, or any larceny".

Use of term “felony" without limitation caused confusion as to whether a common law, State, or Federal felony was intended. Change conforms with Jerome v. U. S. (1943, 63 8. Ct. 483, 318 U. S. 101, 87 L. Ed. 640): "§ 2 (a) ($ 588b (a) of title 12, U. 8. C., 1940 ed., Banks and Banking) is not deprived of vitality if it is interpreted to exclude State felonies and to include only those Federal felonies which affect banks protected by the Act."

Minimum punishment provisions were omitted from subsection (c). (See reviser's note under section 203 of this title.) Also the provisions of subsection (b) measuring the punishment by the amount involved were extended and made applicable to the receiver as well as the thief. There seems no good reason why the thief of less than $100 should be liable to a maximum of imprisonment for one year and the receiver subject to 10 years.

The figures “100” were substituted for “50” in view of the fact that the present worth of $100 is less than the value of $50 when that sum was fixed as the dividing line between petit larceny and grand larceny.

The attention of Congress is directed to the mandatory minimum punishment provisions of sections 2113 (e) and 2114 of this title. These were left unchanged because of the controversial question involved. Such legislative attempts to control the discretion of the sentencing judge are contrary to the opinions of experienced criminologists and criminal law experts. They are calculated to work manifest injustice in many cases.

Necessary minor translations of section references, and changes in phraseology, were made.

REFERENCES IN TEXT Section 401 of the National Housing Act, referred to in the text of subsection (g), is classified to section 1724 of Title 12, Banks and Banking.

AMENDMENTS 1952—Subsec. (g) amended by act Apr. 8, 1952 to broaden the definition of "savings and loan association" by including any institution insured by the Federal Sayings and Loan Insurance Corporation under title IV of the National Housing Act, sections 1724_1730 of Title 12, Banks and Banking.

1950—Act Aug. 3, 1950 amended section to bring within its provisions State-chartered savings and loan associations whose accounts are insured by the Federal Savings and Loan Insurance Corporation.

CROSS REFERENCES Embezzlement by bank officer or employee, see section 656 of this title.

8 2115. Post office.

Whoever forcibly breaks into or attempts to break into any post office, or any building used in whole or in part as a post ofice, with intent to commit in such post office, or building or part thereof, so used, any larceny or other depredation, shall be fined not more than $1,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 797.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 315 (Mar, 4, 1909, ch. 321, $ 192, 35 Stat. 1125).

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

Minor change in phraseology was made. 8 2116. Railway or steamboat post office.

Whoever, by violence, enters a post-office car, or any part of any car, steamboat, or vessel, assigned to the use of the mail service, or willfully or maliciously assaults or interferes with any postal clerk in the discharge of his duties in connection with such car, steamboat, vessel, or apartment thereof, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, $ 1, 62 Stat. 797.)

LEGISLATIVE HISTORY Reviser's Note.--Based on title 18, U. S. C., 1940 ed., $ 316 (Mar. 4, 1909, ch. 321, $ 193, 35 Stat. 1125).

Reference to persons aiding or assisting was deleted as unnecessary because such persons are made principals by section 2 of this title.

Minor changes were made in phraseology.

2114. Mail, money or other property of United States.

Whoever assaults any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, with intent to rob, steal, or purloin such mail matter, money, or other property of the United States, or robs any such person of mail matter, or of any money, or other property of the United States, shall,

82117. Railroad car entered or seal broken.

Whoever breaks the seal or lock of any railroad car, vessel, aircraft, motortruck, wagon or other vehicle, containing interstate or foreign shipments of freight or express, or enters any such vehicle with intent in either case to commit larceny therein, shall be fined not more than $5,000 or imprisoned not more than ten years, or both.

A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. (June 25, 1948, ch. 645, § 1, 62 Stat. 797; May 24, 1949, ch. 139, § 44, 63 Stat. 96.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 409 (Feb. 13, 1913, ch. 50, § 1, 37 Stat. 670; Jan, 28, 1925, ch. 102, 43 Stat. 793; Jan. 21, 1933, ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656).

Other provisions of section 409 of title 18, U. S. C., 1940 ed., were incorporated in sections 659 and 660 of this title. Minor changes were made in phraseology.

AMENDMENTS 1949—Act May 24, 1949 amended section by adding last par.

CROSS REFERENCES Entering train to commit murder or robbery, see section 1991 of this title.

Chapter 105.-SABOTAGE Sec. 2151. Definitions. 2152. Fortifications, harbor defenses, or defensive sea

areas. 2153. Destruction of war material. 2154. Production of defective war material. 2155. Destruction of national-defense materials. 2156. Production of defective national-defense material.

CROSS REFERENCES Security regulations and orders, penalty for violation of, see section 797 of Title 50, War and National Defense.

$ 2151. Definitions.

As used in this chapter:

The words “war material” include arms, armament, ammunition, livestock, forage, forest products and standing timber, stores of clothing, food, foodstuffs, fuel, supplies, munitions, and all articles, parts or ingredients, intended for, adapted to, or suitable for the use of the United States or any associate nation, in connection with the conduct of war.

The words "war premises" include all buildings, grounds, mines, or other places wherein such war material is being produced, manufactured, repaired, stored, mined, extracted, distributed, loaded, unloaded, or transported, together with all machinery and appliances therein contained; and all forts, arsenals, navy yards, camps, prisons, or other military or naval stations of the United States, or any associate nation.

The words “war utilities" include all railroads, railways, electric lines, roads of whatever description, any railroad or railway fixture, canal, lock, dam, wharf, pier, dock, bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle, boat, or aircraft, or any other means of transportation whatsoever, whereon or whereby such war material or any troops of the United States, or of any associate nation, are being or may be transported either within the limits of the United States or upon the high seas; and all dams, reservoirs, aqueducts, water and gas mains and pipes, structures and buildings, whereby or in connection with which water or gas is being furnished, or may be furnished, to any war premises or to the military or naval forces of the United States, or any associate nation, and all electric light and power, steam or

pneumatic power, telephone and telegraph plants, poles, wires, and fixtures and wireless stations, and the buildings connected with the maintenance and operation thereof used to supply water, light, heat, power, or facilities of communication to any war premises or to the military or naval forces of the United States, or any associate nation.

The words "associate nation" mean any nation at war with any nation with which the United States is at war.

The words "national-defense material" include arms, armament, ammunition, livestock, stores of clothing, food, foodstuffs, fuel, supplies, munitions, and all other articles of whatever description and any part or ingredient thereof, intended for the use of the United States in connection with the national defense or for use in or in connection with the producing, manufacturing, repairing, storing, mining, extracting, distributing, loading, unloading, or transporting of any of the materials or other articles hereinbefore mentioned or any part or ingredient thereof.

The words “national-defense premises" include all buildings, grounds, mines, or other places wherein such national-defense material is being produced, manufactured, repaired, stored, mined, extracted, distributed, loaded, unloaded, or transported, together with all machinery and appliances therein contained; and all forts, arsenals, navy yards, camps, prisons, or other military or naval stations of the United States.

The words "national-defense utilities" include all railroads, railways, electric lines, roads of whatever description, railroad or railway fixture, canal, lock, dam, wharf, pier, dock, bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle, boat, or aircraft, or any other means of transportation whatsoever, whereon or whereby such national-defense material, or any troops of the United States, are being or may be transported either within the limits of the United States or upon the high seas; and all dams, reservoirs, aqueducts, water and gas mains and pipes, structures, and buildings, whereby or in connection with which water or gas may be furnished to any national-defense premises or to the military or naval forces of the United States, and all electric light and power, steam or pneumatic power, telephone and telegraph plants, poles, wires, and fixtures and wireless stations, and the buildings connected with the maintenance and operation thereof used to supply water, light, heat. power, or facilities of communication to any national-defense premises or to the military or naval forces of the United States. (June 25, 1948, ch. 645, $ 1, 62 Stat. 798.)

LEGISLATIVE HISTORY Reviser's Note.--Based on sections 101, 104 of title 50, U. S. C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, $f 1, 4, 40 Stat, 533; Nov. 30, 1940, ch. 926, 54 Stat. 1220; Aug. 21, 1941, ch. 388, 55 Stat. 655; Dec. 24, 1942, ch. 824, 56 Stat. 1087).

Section consolidated definitive sections 101 and 104 of title 50, U. S. C., 1940 ed., War and National Defense.

Words "As used in this chapter" were inserted at beginning for brevity.

Definition of "United States”, was omitted as covered by section 5 of this title.

Minor changes were made in phraseology and translations. AMENDMENT OF SECTION BY JOINT RES. JULY 3, 1952;

EFFECTIVE AND TERMINATION DATE Section 1 (a) (29) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 333, amended first paragraph of this section as follows: "The words 'war material' include arms, armament, ammunition, livestock, forage, forest products and standing timber, stores of clothing, food, foodstuffs, fuel, supplies, munitions, and all articles, parts or ingredients, intended for, adapted to, or suitable for the use of the United States or any associate nation, in connection with the conduct of war or defense activities."

Section 7 of said Joint Res. July 3, 1952, provided that this amendment should take effect as of June 16, 1952, and section 1 (a) provided that it should terminate not later than Apr. 1, 1953.

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES Repeal of Prior Extensions of War-time Provisions, see note under section 794 of this title.

82152. Fortifications, harbor defenses, or defensive sea

areas. Whoever willfully trespasses upon, injures, or destroys any of the works or property or material of any submarine mine or torpedo or fortification or harbor-defense system owned or constructed or in process of construction by the United States; or

Whoever willfully interferes with the operation or use of any such submarine mine, torpedo, fortifcation, or harbor-defense system; or

Whoever knowingly, willfully, or wantonly violates any duly authorized and promulgated order or regulation of the President governing persons or vessels within the limits of defensive sea areas, which the President, for purposes of national defense, may from time to time establish by executive order

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. 799.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 96 (Mar. 4, 1909, ch. 321, $ 44, 35 Stat. 1097; Mar. 4, 1917, ch. 180, 39 Stat. 1194; May 22, 1917, ch. 20, § 19, 40 Stat. 89).

Jurisdiction and venue provisions were omitted as unnecessary and inconsistent with Rule 18 of the Federal Rules of Criminal Procedure providing for prosecution where the offense is committed, and section 3238 of this title providing that trial of offenses committed outside any district shall be in the district where the offender is found, or into which he is first brought.

Words "on conviction thereof" were omitted as surplusage as punishment cannot be imposed until conviction is had. Minor changes were made in phraseology.

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. Ex. ORD. No. 10361, WHITTIER DEFENSIVE SEA AREA,

ALASKA Ex. Ord. No. 10361, June 12, 1952, 17 F. R. 5357, provided :

By virtue of the authority vested in me by section 2152 of Title 18 of the United States Code (this section), and as President of the United States, the following-described area is established and reserved for purposes of national

defense as a defensive sea area to be known as "Whittier Defensive Sea Area":

All territorial waters of Passage Canal, Alaska, lying westward of a line extending from Decision Point true north to the north shore of Passage Canal east of Poe Bay.

1. No persons, other than persons on public vessels of the United States, shall enter the Whittier Defensive Sea Area, and no vessels or other craft, other than public vessels of the United States, shall be navigated into that area, unless authorized by the Secretary of Defense, or such officer as he may designate.

2. While in this defensive sea area vessels or other craft shall obey such instructions as may be issued by the Secretary of Defense, or such officer as he may designate. Movement of vessels or other craft within this area shall be at their own risk and shall be subject to supervision by controlling surface craft or aircraft. Controlling surface craft or aircraft shall be identified by a prominent, display of the Union Jack.

3. The Secretary of Defense, or such officer as he may designate, with the cooperation of the local law-enforcement officers of the United States, including the Territory of Alaska, shall enforce the foregoing provisions of this order.

4. The Secretary of Defense, or such officer as he may designate, is hereby authorized to prescribe such regulations as he may consider necessary to carry out the provisions of this order.

5. Any person violating any of the provisions of this order shall be subject to the penalties provided by section 2152 of Title 18 of the United States Code (this section). 82153. Destruction of war material.

(a) Whoever, when the United States is at war, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, or, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, willfully injures or destroys, or attempts to so injure or destroy, any war material, war premises, or war utilities, shall be fined not more than $10,000 or imprisoned not more than thirty years, or both.

(b) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in subsection (a) of this section. (June 25, 1948, ch. 645, § 1, 62 Stat. 799.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 102 of title 50, U.S. C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, $ 2, 40 Stat. 534).

“As herein defined" was deleted as surplusage.

The conspiracy provisions are new. Their addition to the section was strongly urged by the Criminal Division of the Department of Justice, considering the gravity of the substantive offense as evidenced by the prescribed punishment therefor. The punishment provisions of the general conspiracy statute, section 371 of this title, are inadequate.

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

Minor changes were made in phraseology. AMENDMENT OF SUBSECTION (A) BY JOINT RES. JULY 3,

1952; EFFECTIVE AND TERMINATION DATE Section 1 (a) (29) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 333, amended subsection (a) of this section as follows: "Whoever, when the United States is at war, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war or defense activities, or, with rea

« ForrigeFortsett »