Sec. 205. Using, selling, etc., canceled stamps; removing cancellation marks from stamps, etc. 206. False returns to increase compensation. 207. Collection of unlawful postage forbidden. 208. Unlawful pledging or sale of stamps. 209. Failure to account for postage and to cancel stamps, etc., by officials. 210. Issuing money order without payment. 211. Obscene, etc., matter nonmailable. 212. Libelous and indecent wrappers and envelopes. 213. Lottery, gift enterprise, etc., circulars, etc., not mailable. 214. Postmasters not to be lottery agents. 215. Use of mails to promote frauds. 216. Fraudulently assuming fictitious address. 217. Poisons and explosives nonmailable. Sec. CHAPTER NINE. OFFENSES AGAINST FOREIGN AND INTERSTATE COMMERCE. Sec. 232. Dynamite, etc., not to be carried on vessels or 239. Common carrier, etc., not to collect purchase vehicles carrying passengers for hire. price of interstate shipment of intoxicating liquors. Packages containing intoxicating liquors shipped in interstate commerce to be marked as such. Importation of certain wild animals and birds forbidden. 242. Transportation of prohibited animals. 243. Marking of packages. 244. Penalty for violation of three preceding sections. 245. Importation and transportation of obscene, etc., books, etc. CHAPTER TEN. THE SLAVE TRADE AND PEONAGE. 246. Confining or detaining slaves on board vessel. 247. Seizing slaves on foreign shores. 248. Bringing slaves into the United States. 249. Equipping vessels for slave trade. 250. Transporting persons to be held as slaves. 251. Hovering on coast with slaves on board. 252. Serving in vessels engaged in the slave trade. 253. Receiving or carrying away any person to be sold or held as a slave. 254. Equipping, etc., vessel for slave trade. 255. Penalty on persons building, equipping, etc. 256. Forfeiture of vessel transporting slaves. 257. Receiving persons on board to be sold as slaves. 258. Vessels found hovering on coast. 259. Forfeiture of interest in vessels transporting slaves. Sec. 260. Seizure of vessels engaged in the slave trade. 261. Proceeds of condemned vessels, how distributed. 262. Disposal of persons found on board seized vessel. 263. Apprehension of officers and crew. 264. Removal of persons delivered from seized vessels. 265. To what port captured vessels sent. 266. When owners of foreign vessels shall give bond. 267. Instructions to commanders of armed vessels. 268. Kidnaping. 269. Holding or returning persons to peonage. 270. Obstructing enforcement of preceding section. 271. Bringing kidnaped persons into United States. CHAPTER ELEVEN. OFFENSES WITHIN THE ADMIRALTY AND MARITIME AND THE TERRITORIAL JURISDICTION OF THE UNITED STATES. 272. Places within or waters upon which sections 281. Payment of fine to female seduced; evidence of this chapter shall apply. 273. Murder. 274. Manslaughter. 275. Punishment for murder; for manslaughter. 276. Assault with intent to commit murder, rape, robbery, etc. 277. Attempt to commit murder or manslaughter. 278. Rape. 279. Having carnal knowledge of female under sixteen. 280. Seduction of female passenger on vessel. 311. Places within which sections of this chapter 317. Incest. shall apply. 318. Fornication. 312. Circulation of obscene literature; promoting 319. Certificates of marriage; penalty for failure to abortion. 313. Polygamy. 314. Unlawful cohabitation. 315. Joinder of counts. 316. Adultery. Sec. record. 320. Prize fights, bull fights, etc. 321. Definition of Pugilistic encounter." CHAPTER FOURTEEN. GENERAL AND SPECIAL PROVISIONS. 323. Punishment of death by hanging. Sec. 332. Who are principals. 324. No conviction to work corruption of blood or 333. Punishment of accessories. forfeiture of estate. 325. Whipping and the pillory abolished. 326. Jurisdiction of State courts. 327. Pardoning power. 334. Accessories to robbery or piracy. 336. Murder and manslaughter; place where crime 328. Indians committing certain crimes; how pun- 337. Construction of certain words. ished. 329. Crimes committed on Indian reservations in South Dakota. 330. Qualified verdicts in certain cases. 331. Body of executed offender may be delivered to surgeon for dissection. Sec. 338. Omission of words "hard labor" not to deprive court of power to impose. 339. Arrangement and classification of sections. 340. Jurisdiction of circuit and district courts. CHAPTER FIFTEEN. REPEALING PROVISIONS. 341. Sections, acts, and parts of acts repealed. States. [Act of March 4, 1909; 35 Stat., 1088.] An Act To codify, revise, and amend the penal laws of the United Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the penal laws of the United States be, and they hereby are, codified, revised, and amended, with title, chapters, headnotes, and sections, entitled, numbered, and to read as follows: SEC. 1. Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason. Treason. R. S., s. 5331. U. S. v. Vilato, 2 Dall., 370; The Insurgents, 2 Dall., 385; Ex Parte Bolman & Swartout, 4 Cranch, 75; U. S. v. Burr, 4 Cranch, 469; Hanauer v. Doane, 12 Wall., 342; Carlisle v. U. S., 16 Wall., 147; Case of Fries, Wharton St. Tr., 458, 610, 9 Fed. Cas., 826, 924; Shortridge . Macon, Chase, 136, 22 Fed. Cas., 20; U. S. v. Burr, 1 Burr's Trial, 14, 16, 2 Burr's Trial, 402, 405, 417, 25 Fed. Cas., 2, 52, 55, 210; U. S. . Cathcart, 1 Bond, 556, 25 Fed. Cas., 344; U. S. v. Greathouse, 2 Ab. C. C., 364, 26 Fed. Cas., 18; U. S. v. Hodges, Brun. Col. Cas., 465, 26 Fed. Cas., 332: U. S. v. Hoxie, 1 Paine, 265, 26 Fed. Cas., 397; U. S. v. Mitchell, 2 Dall., 348, 26 Fed. Cas., 1277; U. S. v. Vigol, 2 Dall., 346 28 Fed. Cas., 376; U. S. v. Pryor, 3 Wash., 234, 27 Fed. Cas., 628; Charges to Grand Jury, 2 Curt., 630, 30 Fed. Cas., 1024; 4 Blatch., 518, 30 Fed. Cas., 1032; 5 Blatch., 549, 30 Fed. Cas., 1034; 1 Bond, 609, 30 Fed. Cas., 1036; 1 Spr., 602, 30 Fed. Cas., 1039; 2 Spr., 292, 30 Fed. Cas., 1042; 1 Story, 614, 30 Fed. Cas., 1046; 2 Wall., jr., 134, 30 Fed. Cas., 1047; 2 Spr., 285, 30 Fed. Cas., 1049. Punishment of trea son. R. S., s. 5332. Cases, 20 Wall., 92; Wallack SEC. 2. Whoever is convicted of treason shall suffer death; or, at the discretion of the court, shall be imprisoned not less than five years and fined not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such trea-et al. v. Van Riswick, son, any sale or conveyance to the contrary notwithstanding; and . McVeigh, 93 U. 2, every person so convicted of treason shall, moreover, be incapable of 274. holding any office under the United States. 92 U. S., 202; Windsor son. R. S., s. 5333. U. S. r. Wiltberger, 5 SEC. 3. Whoever, owing allegiance to the United States and hav- Misprision of treaing knowledge of the commission of any treason against them, conceals, and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than seven years and fined not more than one thousand dollars. Wheat., 97; Confisca 221, 6 Fed. Cas, 270; S. v. Tract of Land, tion Cases, 1 Woods, 1 Woods, 475, 28 Fed. Cas., 203. Inciting ing in rebellion or in R. S., s. 5334. SEC. 4. Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States surrection. or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both; and shall, moreover, be incapable of holding any office under the United States. Criminal correspondence with foreign governments. R. S., s. 5335. Seditious conspiracy. Wall., 163. SEC. 5. Every citizen of the United States, whether actually resident or abiding within the same, or in any place subject to the jurisdiction thereof, or in any foreign country, without the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States; and every person, being a citizen of or resident within the United States or in any place subject to the jurisdiction thereof, and not duly authorized, counsels, advises, or assists in any such correspondence with such intent, shall be fined not more than five thousand dollars and imprisoned not more than three years: but nothing in this section shall be construed to abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects. SEC. 6. If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conEx parte Lange, 18 Spire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than five thousand dollars, or imprisoned not more than six years, or both. Recruiting or sailors to against the States. R. S., s. 5337. soldiers United SEC. 7. Whoever recruits soldiers or sailors within the United serve States, or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same, or opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States, shall be fined not more than one thousand dollars and imprisoned not more than five years. Enlistment to serve against the United States. R. S., s. 5338. Accepting a foreign commission. SEC. 8. Every person enlisted or engaged within the United States or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility against the United States, shall be fined one hundred dollars and imprisoned not more than three years. SEC. 9. Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to R. S., s. 5281. serve a foreign prince, state, colony, district, or people, in war, by land U. S. v. Williams, 3 or by sea, against any prince, state, colony, district, or people, with nois, 119 U. S., 436; Wi- whom the United States are at peace, shall be fined not more than two borg v. U. S., 163 U. S., thousand dollars and imprisoned not more than three years. (ranch, 83: Kere. Illi 632, 73 Fed. Rep., 159; John Bassett Moore upon The Case of the Salvadorean Refugees, 29 Am. L. Rev., 1; The Ambrose Light,5 Fed. Rep., 408. |