son 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 or defense activities, 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."

Section 7 of said Joint Res. July 3, 1952, provided that the 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.

§ 2154. Production of defective 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 makes or causes to be made in a defective manner, or attempts to make or cause to be made in a defective manner any war material, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such war material, 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 103 of title 50, U. S. C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 8, 40 Stat. 534).

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 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 or defense activities, willfully makes or causes to be made in a defective manner, or attempts to make or cause to be made in a defective manner any war material, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such war material, shall be fined not more than $10,000 or imprisoned not more than thirty years, or both."

Section 7 of said Joint Res. July 3, 1952, provided that the 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

Conspiracy to commit offense generally, see section 371 of this title.

Production of defective national-defense material, see section 2156 of this title.

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

§ 2155. Destruction of national-defense materials. Whoever, with intent to injure, interfere with, or obstruct the national defense of the United States, willfully injures or destroys, or attempts to so injure or destroy, any national-defense material, nationaldefense premises, or national-defense utilities, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 799.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 105 of title 50, U. S. C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59, § 5, as added Nov. 30, 1940, ch. 926, 54 Stat. 1221). Words "upon conviction thereof" were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured.

Minor changes were made in phraseology.

CANAL ZONE

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

§ 2156. Production of defective national-defense material.

Whoever, with intent to injure, interfere with, or obstruct the national defense of the United States, willfully makes or attempts to make in a defective manner, any national-defense material, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such national-defense material, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 800.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 106 of title 50, U. S. C., 1940 ed., War and National Defense (Apr. 20, 1918, ch. 59. § 6, as added Nov. 30, 1940, ch. 926, 54 Stat. 1221). Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

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

Minor changes were made in phraseology.

Sec.

2193. Revolt or mutiny of seamen.

2194. Shanghaiing sailors.

2195. Abandonment of sailors.

2196. Drunkenness or neglect of duty by seamen.

2197. Misuse of Federal certificate, license or document. 2198. Seduction of female passenger. 2199. Stowaways on vessels or aircraft.

§ 2191. Cruelty to seamen.

Whoever, being the master or officer of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, flogs, beats, wounds, or without justifiable cause, imprisons any of the crew of such vessel, or withholds from them suitable food and nourishment, or inflicts upon them any corporal or other cruel and unusual punishment, 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. 800.).

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 482 and section 712 of title 46, U. S. C., 1940 ed., Shipping (Dec. 21, 1898, ch. 28, § 22, 30 Stat. 761; Mar. 4, 1909, ch. 321, § 291, 35 Stat. 1145).

Section consolidates section 482 of title 18, U. S. C., 1940 ed., and the following language from section 712 of title 46, U. S. C., 1940 ed., Shipping, prohibiting flogging and corporal punishment: "and any master or other offcer thereof who shall violate the aforesaid provisions of this section, or either thereof, shall be deemed guilty of a misdemeanor, punishable by imprisonment for not less than three months nor more than two years." That language was the basis for the addition of the word "flogs" and the words "any corporal or other" for the word “any." The punishment imposed by section 482 was adopted as that was the later statute as incorporated in 1909 Criminal Code.

Words "shall be deemed guilty of a misdemeanor," contained in said section 712 of title 46, were omitted in view of definitive section 1 of this title. (See reviser's note under section 212 of this title.)

Minor changes were made in phraseology.

CROSS REFERENCES

Complaint as to provisions or water, see sections 662— 664 of Title 46, Shipping.

Corporal punishment prohibited; duty to surrender guilty officer; civil liability, see section 712 of Title 46, Shipping.

Neglect to provide sufficient stores, penalty for, see sections 661, 665 of Title 46, Shipping.

Penalty for failure to keep medicines, see sections 666, 667 of Title 46, Shipping.

Recovery for injury to or death of seaman, see section 688 of Title 46, Shipping.

Scale of provisions to be allowed and served out to the crew during the voyage, see section 713 of Title 46, Shipping.

Surrendering officer inflicting corporal punishment, llability of master, see section 712 of Title 46, Shipping. Wages on justifiable complaint of seaman, see section 685 of Title 46, Shipping.

§ 2192. Incitation of seamen to revolt or mutiny. Whoever, being of the crew of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, endeavors to make a revolt or mutiny on board such vessel, or combines, conspires, or confederates with any other person on board to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master or other

officer of such vessel, or to refuse or neglect his proper duty on board thereof, or to betray his proper trust, or assembles with others in a tumultuous and mutinous manner, or makes a riot on board thereof, or unlawfully confines the master or other commanding officer thereof, 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. 800.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 483 (Mar. 4, 1909, ch. 321, § 292, 35 Stat. 1146). Minor changes were made in phraseology.

§ 2193. Revolt or mutiny of seamen.

Whoever, being of the crew of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command thereof, or deprives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, is guilty of a revolt and mutiny, and shall be fined not more than $2,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 800.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 484 (Mar. 4, 1909, ch. 321, § 203, 35 Stat. 1146). Punishment provision for mandatory fine and imprisonment was rephrased in the alternative so as to vest power in the court to impose either a fine, or imprisonment, or both, in its discretion. (See reviser's note under section 201 of this title.)

CROSS REFERENCES

Willful disobedience to lawful command at sea and assault upon master or mate, see section 701 of Title 46, Shipping.

§ 2194. Shanghaiing sailors.

Whoever, with intent that any person shall perform service or labor of any kind on board of any vessel engaged in trade and commerce among the several States or with foreign nations, or on board of any vessel of the United States engaged in navigating the high seas or any navigable water of the United States, procures or induces, or attempts to procure or induce, another, by force or threats or by representations which he knows or believes to be untrue, or while the person so procured or induced is intoxicated or under the influence of any drug, to go on board of any such vessel, or to sign or in anywise enter into any agreement to go on board of any such vessel to perform service or labor thereon; or

Whoever knowingly detains on board of any such vessel any person so procured or induced to go on board, or to enter into any agreement to go on board, by any means herein defined

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. 800.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 144 (Mar. 4, 1909, ch. 321, § 82, 35 Stat. 1103).

Reference to persons aiding or abetting was omitted as unnecessary as such persons are made principals by section 2 of this title.

Minor changes were made in phraseology and arrangement.

§2195. Abandonment of sailors.

Whoever, being master or commander of a vessel of the United States, while abroad, maliciously and without justifiable cause forces any officer or mariner of such vessel on shore, in order to leave him behind in any foreign port or place, or refuses to bring home again all such officers and mariners of such vessel whom he carried out with him, as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be fined not more than $500 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 801.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 486 (Mar. 4, 1909, ch. 321, § 295, 35 Stat. 1146).

CROSS REFERENCES

Discharge of crews in coast trade, see section 646 of Title 46, Shipping.

Penalty for neglect of consular officer to collect wages, see section 683 of Title 46, Shipping.

Wages on

Discharge by consular officer, see section 682 of Title 46, Shipping.

Justifiable complaint of seaman, see section 685 of Title 46, Shipping.

§ 2196. Drunkenness or neglect of duty by seamen.

Whoever, being a master, officer, radio operator, seaman, apprentice or other person employed on any merchant vessel, by willful breach of duty, or by reason of drunkenness, does any act tending to the immediate loss or destruction of, or serious damage to, such vessel, or tending immediately to endanger the life or limb of any person belonging to or on board of such vessel; or, by willful breach of duty or by neglect of duty or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such vessel from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or limb, shall be imprisoned not more than one year. (June 25, 1948, ch. 645, § 1, 62 Stat. 801.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 704 of title 46, U. S. C., 1940 ed., Shipping (R. S. § 4602).

Words "officer, radio operator," and "or other person employed on" were inserted at beginning of section to insure clarity and scope of section. Section 701 of title 46, U. S. C., 1940 ed., Shipping, is very similar to this section as revised, and has been applied to mates [Morris v. Cornell, D. C. Mass. 1843, Fed. Cas. No. 9,829; Gladding v. Constant, D. C. Mass. 1844, Fed. Cas. No. 5,468; Foye v. Dabney, D. C. Mass. 1853, Fed. Cas. No. 5,022; Foye v. Lickie, D. C. Mass. 1853, Fed. Cas. No. 5,023; The Sylvia De Grasse, D. C. N. Y. 1843, Fed. Cas. No. 12,676; The Sadie C. Sumner, D. C. Mass. 1905, 142 F. 611], as well as engineers, assistant engineers and cooks. (See notes of decisions under section 701, of title 46, U. S. C., Shipping.)

Words "be guilty of a misdemeanor" were omitted as unnecessary in view of general definition of "misdemeanor" in section 1 of this title. (See reviser's note under section 212 of this title.)

Minor changes were made in phraseology including substitution of "one year" for "twelve months" at end of section.

CROSS REFERENCES

Application of section to vessels in certain coastwise trade, and to seamen entitled to participate in profits, see section 544 of Title 46, Shipping.

§ 2197. Misuse of Federal certificate, license or document.

Whoever, not being lawfully entitled thereto, uses, exhibits, or attempts to use or exhibit, or, with intent unlawfully to use the same, receives or possesses any certificate, license, or document issued to vessels, or officers or seamen by any officer or employee of the United States authorized by law to issue the same; or

Whoever, without authority, alters or attempts to alter any such certificate, license, or document by addition, interpolation, deletion, or erasure; or

Whoever forges, counterfeits, or steals, or attempts to forge, counterfeit, or steal, any such certificate, license, or document; or unlawfully possesses or knowingly uses any such altered, changed, forged, counterfeit, or stolen certificate, license, or document; or

Whoever, without authority, prints or manufactures any blank form of such certificate, license, or document, or

Whoever possesses without lawful excuse, and with intent unlawfully to use the same, any blank form of such certificate, license, or document; or

Whoever, in any manner, transfers, or negotiates such transfer of, any blank form of such certificate, license, or document, or any such altered, forged, counterfeit, or stolen certificate, license, or document, or any such certificate, license, or document to which the party transferring or receiving the same is not lawfully entitled

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. 801.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 710a of Title 46. U. S. C., 1940 ed., Shipping (June 25, 1936, ch. 816, § 6, 49 Stat. 1936).

The phrase "the Bureau of Marine Inspection and Navigation," identifying the agency issuing the certificate, license or document, was omitted without change of substance. The functions of the Bureau of Marine Inspection and Navigation were transferred to the Bureau of Customs and the Coast Guard by Executive Order 9083 Feb. 28, 1942, title 50, App. U. S. C., 1940 ed., following § 601. Such transfer is temporary under section 621 of Title 50, App. U. S. C., 1940 ed. (First War Powers Act).

As revised the section is broad enough to embrace certificates, licenses and documents issued by the officers or employees of the Coast Guard and Customs Service, as the case may be.

Reference to persons causing, procuring, aiding or abetting was omitted as such persons are principals under section 2 of this title.

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

Changes were made in phraseology and arrangement.

CROSS REFERENCES

Application of section to fishing or whaling vessels or yachts, see section 690 of Title 46, Shipping.

Appropriation to carry out provisions of section, see section 692 of Title 46, Shipping.

Enforcement and regulations by Secretary of Commerce, see section 689 of Title 46, Shipping.

§ 2198. Seduction of female passenger.

Whoever, being a master, officer, seaman, or other person employed on board of any American vessel, during the voyage, under promise of marriage, or by threats, or the exercise of authority, or solicitation, or the making of gifts or presents, seduces and has illicit connection with any female passenger, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

Subsequent intermarriage of the parties may be pleaded in bar of conviction and no conviction shall be had on the testimony of the female seduced without other evidence. (June 25, 1948, ch. 645, § 1, 62 Stat. 802.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 459, 460 (Mar. 4, 1909, ch. 321, §§ 280, 281, 35 Stat. 1143, 1144).

Section 459 of title 18, U. S. C., 1940 ed., and a part of section 460 of title 18, U. S. C., 1940 ed., were combined to form this section.

Provision in section 460 of title 18, U. S. C., 1940 ed., relating to disposal of the fine, was incorporated in section 3614 of this title; the provision limiting prosecutions was incorporated in section 3286 of this title; and the remainder retained in this section.

Minor changes were made in phraseology.

CROSS REFERENCES

Disposition of fine, see section 3614 of this title. Limitation period for prosecutions, see section 3286 of this title.

§ 2199. Stowaways on vessels or aircraft.

Whoever, without the consent of the owner, charterer, master, or person in command of any vessel, or aircraft, with intent to obtain transportation, boards, enters or secretes himself aboard such vessel or aircraft and is thereon at the time of departure of said vessel or aircraft from a port, harbor, wharf, airport or other place within the jurisdiction of the United States; or

Whoever, with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States; or

Whoever, with intent to obtain a ride or transportation, boards or enters any aircraft owned or operated by the United States without the consent of the person in command or other duly authorized officer or agent

Shall be fined not more than $1,000 or imprisoned not more than one year, or both.

The word "aircraft" as used in this section includes any contrivance for navigation or flight in the air. (June 25, 1948, ch. 645, § 1, 62 Stat. 802.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 469-474 (June 11, 1940, ch. 326, §§ 1-3, 54 Stat. 306; Mar. 4, 1944, ch. 82, §§ 1-4, 58 Stat. 111; Apr. 10, 1944, ch. 162, 58 Stat. 188).

Sections consolidated and rewritten with changes of phraseology and substance.

In section 469 of title 18, U. S. C., 1940 ed., the element of intent not to pay for transportation was omitted as unnecessary since the payment of transportation will invariably remove the stowaway from the operation of the section by purchasing the master's "consent".

In section 472 of title 18, U. S. C., 1940 ed., the enumerations of State, Territory, Possession, District of Columbia, and The Canal Zone, was omitted as adequately covered by "place within the jurisdiction of the United States."

The punishment provision is the same as in sections 470, 472, and 473 of title 18, U. S. C., 1940 ed., but the fine is $500 more than the maximum fine provided by said section 469. There seemed no point, however, in preserving a differential in favor of the stowaway as against the aider and abettor of $500. The court can be trusted to exercise a wise discretion within the slightly larger limits provided by the revised section.

The provision for punishment of aiders and abettors in section 470 of title 18, U. S. C., 1940 ed., was omitted as unnecessary since they are punishable as principals by section 2 of this title.

Sections 471 and 474 of title 18, U. S. C., 1940 ed., were omitted as obviously unnecessary.

Procedure relating to searches and seizures, see sections 3101-3116 of this title and rule 41 of the Federal Rules of Criminal Procedure, following section 3771 of this title. § 2231. Assault or resistance.

(a) Whoever forcibly assaults, resists, opposes, prevents, impedes, intimidates, or interferes with any person authorized to serve or execute search warrants or to make searches and seizures while engaged in the performance of his duties with regard thereto or on account of the performance of such duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both; and—

(b) Whoever, in committing any act in violation of this section, uses any deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 802.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on Title 18, U. S. C., 1940 ed., §§ 121, 253, 254, 628 (Mar. 4, 1909, ch. 321, § 65, 35 Stat. 1100; June 15, 1917, ch. 30, title XI, § 18, 40 Stat. 230; May 18, 1934, ch. 299, §§ 1, 2, 48 Stat. 780, 781; Feb. 8, 1936, ch. 40, 49 Stat. 1105; June 26, 1936, ch. 830, title I, § 3, 49 Stat. 1940; Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1433; June 13, 1940, ch. 359, 54 Stat. 391).

Section consolidates section 628 of title 18, U. S. C., 1940 ed., and the portion of section 121 of said title relating to resistance of persons authorized to make searches.

Punishment provided by section 121 of title 18, U. S. C., 1940 ed., was $2,000 fine and imprisonment for 1 year. Section 628 of said title was part of Espionage Act of June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231, prescribing fine of not more than $1,000 and imprisonment not exceeding 2 years for resisting service, execution of search warrant, or assaulting an officer.

Section 253 of title 18, U. S. C., 1940 ed., enumerated United States marshals, deputies, and assistants, Federal Bureau of Investigation agents, and numerous other offcers, the killing of whom is denounced as a Federal offense.

Section 254 of title 18, U. S. C., 1940 ed., denounced the assaulting of such officers and prescribed punishment therefor without regard to nature of duties involved or performed.

In other words sections 253 and 254 of title 18, U. S. C., 1940 ed., were not limited to officers executing search warrants.

Officers enumerated in section 253 of title 18, U. S. C., 1940 ed., were substantially all those who serve or execute search warrants. Therefore, the language and punishment under section 254 of said title constitute basis of this revised section. No change in legislative intent is involved, as the amendments of sections 253 and 254 of said title are the latest enactments.

The provisions of section 121 of title 18, U. S. C., 1940 ed., relating to rescue of property from seizing officer or its destruction to prevent seizure, are incorporated in sections 2232 and 2233 of this title.

Minor changes were made in translation phraseology.

CANAL ZONE

and

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

CROSS REFERENCES

Assaulting or resisting certain officers or employees, see section 111 of this title.

Jurisdiction of offenses, see section 3241 of this title. Protection of officers and employees of United States, see section 1114 of this title.

§ 2232. Destruction or removal of property to prevent seizure.

Whoever, before, during, or after seizure of any property by any person authorized to make searches and seizures, in order to prevent the seizure or securing of any goods, wares, or merchandise by such person, staves, breaks, throws overboard, destroys, or removes the same, shall be fined not more than $2,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 802.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 121 (Mar. 4, 1909, ch. 321, § 65, 35 Stat. 1100).

Section was formed from the words following the first semicolon and ending with the second semicolon, in section 121 of title 18, U. S. C., 1940 ed.

The remaining provisions of section 121 of title 18, U. S. C., 1940 ed., relating to assaulting, resisting, or interfering with customs officers, revenue officers, or other persons, and to the rescue of seized property, constitute, along with provisions from other sections, sections 2231 and 2233 of this title.

Minor changes were made in phraseology.

§ 2233. Rescue of seized property.

Whoever forcibly rescues, dispossesses, or attempts to rescue or dispossess any property, articles, or objects after the same shall have been taken, detained, or seized by any officer or other person under the authority of any revenue law of the United States, or by any person authorized to make searches and seizures, shall be fined not more than $2,000 or imprisoned not more than two years, or both. 25, 1948, ch. 645, § 1, 62 Stat. 802.)

LEGISLATIVE HISTORY

(June

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 121, 128 (Mar. 4, 1909, ch. 321, §§ 65, 71, 35 Stat. 1100, 1101).

Section consolidates that portion of section 121 of title 18, U. S. C., 1940 ed., relating to rescue of seized property, with section 128 of title 18, U. S. C., 1940 ed.

The remaining provisions of section 121 of present title 18, U. S. C., 1940 ed., relating to assaulting, resisting, or interfering with customs officers, revenue officers, or other persons, and to the destruction or removal of property to prevent seizure, constitute sections 2231 and 2232 of this title, the former provisions being consolidated with certain provisions of other sections.

Said section 121 of present title 18, U. S. C., 1940 ed., provided for punishment by fine of not more than $2,000 or imprisonment of not more than 1 year, or both, of persons rescuing, attempting to rescue, or causing to be rescued, "any property" which has been seized by "any person" authorized to make searches and seizures.

Said section 128 of present title 18, U. S. C., 1940 ed., provided for punishment by fine of not more than $300 and imprisonment for not more than 1 year of persons dispossessing, rescuing, or attempting to dispossess or rescue, or aiding or assisting in dispossessing or rescuing, "any property taken or detained by any officer or other person under the authority of any revenue law of the United States."

This revised section adopts the maximum fine provisions of section 121 of title 18, U. S. C., 1940 ed., and extends the maximum term of imprisonment to 2 years. This was deemed advisable so that uniformity of punishment would be established and the provisions would be sufficiently broad to impose punishment commensurate with the gravity of the offense. (See section 3601 (c) (2) of title 26, U. S. C., 1940 ed., Internal Revenue Code.)

Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary in view of definition of "principal” in section 2 of this title. Changes were made in phraseology.

CROSS REFERENCES

Jurisdiction of offenses, see section 3241 of this title. § 2234. Authority exceeded in executing warrant.

Whoever, in executing a search warrant, willfully exceeds his authority or exercises it with unnecessary severity, shall be fined not more than $1,000 or imprisoned not more than one year. (June 25, 1948, ch. 645, § 1, 62 Stat. 803.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 631 (June 15, 1917, ch. 30, title XI, § 21, 40 Stat. 230). Minor changes were made in phraseology.

CANAL ZONE

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

CROSS REFERENCES

Breaking doors or windows to execute warrant, see section 3109 of this title.

Jurisdiction of offenses, see section 3241 of this title.

§ 2235. Search warrant procured maliciously.

Whoever maliciously and without probable cause procures a search warrant to be issued and executed, shall be fined not more than $1,000 or imprisoned not more than one year. (June 25, 1948, ch. 645, § 1, 62 Stat. 803.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 630 (June 15, 1917, ch. 30, title XI, § 20, 40 Stat. 230). Minor changes were made in phraseology.

CANAL ZONE

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

CROSS REFERENCES

Jurisdiction of offenses, see section 3241 of this title.