[PUBLIC LAW 534-79TH CONGRESS] [CHAPTER 606-2D SESSION] (H. R. 4180] AN ACT To amend the law relating to larceny in interstate or foreign commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of February 13, 1913, as amended (47 Stat. 773; U. S. C., title 18, secs. 409 to 411), be, and it is hereby, amended to read as follows: "(a) Whoever shall "(1) unlawfully break the seal or lock of or enter any railroad car, vessel, aircraft, motortruck, wagon, or other vehicle containing interstate or foreign shipments of freight or express, with intent to commit larceny therein; or "(2) embezzle, steal, or unlawfully take, carry away, or conceal, or by fraud or deception obtain from any railroad car, motortruck, wagon, or other vehicle, (ii) station house, platform, depot, or terminal, (iii) steamboat, vessel, or wharf, (iv) aircraft, airport, aircraft terminal or air navigation facility, any goods or property moving as or which are a part of or which constitute an interstate or foreign shipment of freight or express, with intent to convert such goods or property to his own use, or shall buy, receive, or have in his possession any such goods or property, knowing the same to have been embezzled or stolen; or "73) embezzle, steal, or unlawfully take, carry away, or by fraud or deception obtain any baggage which shall have come into the possession of any carrier for transportation in interstate or foreign commerce, or shall break into, steal, take, carry away, or conceal any of the contents thereof, with intent to convert the same or any part thereof to his own use, or shall buy, receive, or have in his possession any such baggage or any article therefrom, of whatever nature, knowing the same to have been embezzled or stolen; or "(4) embezzle, steal, or unlawfully take by any fraudulent device, scheme, or game, from any railroad car, motortruck, steamboat, vessel, aircraft, or other vehicle operated by any car. rier, or from any passenger or employee thereon, when such railroad car, or the train of which it is a part, motortruck, steamboat, vessel, aircraft, or other vehicle is moving in interstate or foreign commerce, any money, baggage, goods, or property, with intent to convert the same or any part thereof to his own use, or shall buy, receive, or have in his possession any such money, baggage, goods, or property, knowing the same to have been embezzled or stolen; or "(5) being an employee of any carrier riding in, on or upon any railroad car, motortruck, steamboat, vessel, aircraft, or other vehicle of such carrier transporting passengers or property in interstate or foreign commerce and having in his custody funds arising out of or accruing from such transportation, embezzle or unlawfully convert to his own use any such funds; shall in each case be fined not more than $5,000 or imprisoned not more than ten years, or both. "(b) The carrying or transporting of any such money, freight, express, baggage, goods, or property from one State or Territory or the District of Columbia into another State or Territory or the District of Columbia, knowing the same to have been embezzled or stolen, shall constitute a separate offense and subject the offender to the penalties prescribed in subsection (a). "(c) The term 'interstate or foreign commerce' shall include transportation from one State, Territory, or the District of Columbia to another State, Territory, or the District of Columbia, or to a foreign country, or from a foreign country to any State, Territory, or the District of Columbia. "(d) The term 'aircraft' shall mean airplane, glider, blimp, balloon, dirigible, helicopter, rocket ship, parachute, or any contrivance used or designed for navigation of or flight in the air. "(e) The term 'motortruck' shall mean truck, truck-tractor, trailer, semitrailer, automobile, bus, or other vehicle used upon or designed for use upon roads, highways, or streets. "(f) The term 'wharf' shall mean dock, quay, pier, or any structure or contrivance designed for the loading or unloading of water craft. "(g) Prosecutions under this Act may be instituted in any district wherein the crime shall have been committed, or in which the offender may have taken, removed, brought or been in possession of said money, freight, express, baggage, goods, property. "SEC. 2. Nothing herein shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof; and a judgment of conviction or acquittal on the meritsder the laws of any State shall be a bar to any prosecution hereunder to the same act or acts. "SEC. 3. To establish the interstate or foreign commerce character of any shipment in any prosecution under this Act the waybill, or other shipping document, of such shipment shall be prima facie evidence of the place from which such shipment was made." Approved July 24, 1946. [PUBLIC LAW 534-79TH CONGRESS] (CHAPTER 606-2D SESSION] [H. R. 4180] AN ACT To amend the law relating to larceny in interstate or foreign commerce. Be it enacted by the Senate and House of Representatives of United States of America in Congress assembled, That the Act of F ruary 13, 1913, as amended (47 Stat. 773; U. S. C., title 18, secs. 409 411), be, and it is hereby, amended to read as follows: "(a) Whoever shall "(1) unlawfully break the seal or lock of or enter any rail car, vessel, aircraft, motortruck, wagon, or other vehicle taining interstate or foreign shipments of freight or express, intent to commit larceny therein; or "(2) embezzle, steal, or unlawfully take, carry away, or ceal, or by fraud or deception obtain from any railroad car, motortruck, wagon, or other veh (ii) station house, platform, depot, or terminal, (iii) steamboat, vessel, or wharf, (iv) aircraft, airport, aircraft terminal or air navi facility, any goods or property moving as or which are a part of or constitute an interstate or foreign shipment of freight or with intent to convert such goods or property to his own shall buy, receive, or have in his possession any such g property, knowing the same to have been embezzled or st "73) embezzle, steal, or unlawfully take, carry awa fraud or deception obtain any baggage which shall he into the possession of any carrier for transportation in i or foreign commerce, or shall break into, steal, take, car or conceal any of the contents thereof, with intent to co same or any part thereof to his own use, or shall buy, r have in his possession any such baggage or any article t of whatever nature, knowing the same to have been em stolen; or "(4) embezzle, steal, or unlawfully take by any f device, scheme, or game, from any railroad car, m steamboat, vessel, aircraft, or other vehicle operated b rier, or from any passenger or employee thereon, railroad car, or the train of which it is a part, motortr boat, vessel, aircraft, or other vehicle is moving in ir foreign commerce, any money, baggage, goods, or pro intent to convert the same or any part thereof to h or shall buy, receive, or have in his possession any s baggage, goods, or property, knowing the same to embezzled or stolen; or the penalties pectine an (c) The tawnee portation from one State T other State, Territory, or untry, or from a foregre strict of Columine. d) The term aircraft' shalis gible, helicopter, rocket ship, peracione signed for navigation of or flight in the railer, automobile, bus, or other vehicle read non er e upon roads, highways, or streets. The term "wharf shall mean dock, quay, pier, or any Strestere trivance designed for the loading or unloading of water t Prosecutions under this Act may be instituted in any de Therein the crime shall have been committed, or in which t may have taken, removed, brought or been in possession off ney, freight, express, baggage, goods, & property. 2 Nothing herein shall be held to take ay or inte on of the courts of the several States under the laws threadt dgment of conviction or acquittal on the merits any State shall be a bar to any prosecution heremiebe [PUBLIC LAW 37-80TH CONGRESS] [CHAPTER 39-1ST SESSION] [S. 363] AN ACT To amend section 3 of the Act of July 24, 1946 (Public Law 534, Seventy-ninth Congress). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act of July 24, 1946 (Public Law 534, Seventy-ninth Congress, be, and it is hereby, amended to read as follows: "To establish the interstate or foreign commerce character of any shipment in any prosecution under this Act the waybill, or other shipping document, of such shipment shall be prima facie evidence of the place from which and to which such shipment was made.” Approved April 16, 1947. (396) |