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rendering the infringer liable in accordance with all provisions of this title dealing with infringements of copyright and, in a case of willful infringement for profit, to criminal prosecution pursuant to section 104 of this title. Whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this title, he shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a duplicate of such notice. (As amended Oct. 15, 1971, Pub. L. 92140, 2, 85 Stat. 392.)

AMENDMENTS

1971-Subsec. (e). Pub. L. 92-140 substituted a new subsection which provides that any person engaging in the unauthorized use of copyrighted music in the mechanical reproduction of musical works shall be subject to all the provisions of this title dealing with copyright infringement and, where there is willful infringement for profit, to criminal prosecution pursuant to section 104 of this title, for provisions which limited the remedy for unauthorized use of musical works to the payment of a royalty as provided in section 1(e) of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-140 effective Oct. 15, 1971, see section 3 of Pub. L. 92-140, set out as a note under section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 26 of this title.

§ 106. Importation of article bearing false notice or piratical copies of copyrighted work.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 26, 101 of this title.

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§ 204. Repealed. Pub. L. 92-310, title II, § 205(a), June 6, 1972, 86 Stat. 203

Section, act July 30, 1947, ch. 391, 61 Stat. 652, required the Register of Copyrights to give a bond in the sum of $20,000.

§ 209. Certificate of registration; effect as evidence; receipt for copies deposited.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 26 of this title. § 215. Fees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 26 of this title.

TITLE 18.-CRIMES AND CRIMINAL PROCEDURE

This title was enacted by act June 25, 1948, ch. 645, 62 Stat. 683

Chapter 1.-GENERAL PROVISIONS

§ 2. Principals.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1962 of this title.

Chapter 3.-ANIMALS, BIRDS, FISH, AND PLANTS § 44. Marking packages or containers.

Whoever ships, transports, carries, brings or conveys in interstate or foreign commerce any package containing any wild mammal, wild bird, amphibian, or reptile, or any mollusk or crustacean, or the dead body or parts or eggs thereof, without plainly marking, labeling, or tagging such package with the names and addresses of the shipper and consignee and with an accurate statement showing the contents by number and kind; or

Sec.

Chapter 7.-ASSAULT

112. Protection of foreign officials and official guests.

AMENDMENTS

1972-Pub. L. 92-539, title III, § 302, Oct. 24, 1972, 86 Stat. 1073, substituted "Protection of foreign officials and official guests" for "Assaulting certain foreign diplomatic and other official personnel" in item 112.

§ 112. Protection of foreign officials and official guests. (a) Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official or official guest shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

(b) Whoever willfully intimidates, coerces, threatens, or harasses a foreign official or an official guest, or willfully obstructs a foreign official in the performance of his duties, shall be fined not more than $500, or imprisoned not more than six months, or both.

(c) Whoever within the United States but outside the District of Columbia and within one hundred feet of any building or premises belonging to or used or occupied by a foreign government or by a foreign official for diplomatic or consular purposes, or as a mission to an international organization, or as a residence of a foreign official, or belonging to or used or occupied by an international organization for official business or residential purposes, publicly

(1) parades, pickets, displays any flag, banner, sign, placard, or device, or utters any word, phrase, sound, or noise, for the purpose of intimidating, coercing, threatening, or harassing any foreign official or obstructing him in the performance of his duties, or

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(2) congregates with two or more other persons with the intent to perform any of the aforesaid acts or to violate subsection (a) or (b) of this section,

shall be fined not more than $500, or imprisoned not more than six months, or both.

(d) For the purpose of this section "foreign official", "foreign government", "international organization", and "official guest" shall have the same meanings as those provided in sections 1116 (b) and (c) of this title.

(e) Nothing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States. (As amended Oct. 24, 1972, Pub. L. 92-539, title III, § 301, 86 Stat. 1072.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-539 substituted "Protection of foreign officials and official guests" for "Assaulting certain foreign diplomatic and other official personnel" in the section catchline, designated existing provisions as subsec. (a) and, in subsec. (a) as so designated, substituted "a foreign official or official guest" for "the person of a head of foreign state or foreign government, foreign minister, ambassador or other public minister" and "act" for "acts".

Subsecs. (b)-(e). Pub. L. 92-539 added subsecs. (b)-(e).

SHORT TITLE

Section 1 of Pub. L. 92-539 provided: "That this Act [enacting sections 970, 1116 and 1117 of this title, amending this section and section 1201 of this title, and enacting provisions set out as notes under this section] may be cited as the 'Act for the Protection of Foreign Officials and Official Guests of the United States'."

CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY Section 2 of Pub. L. 92-539 provided that: "The Congress recognizes that from the beginning of our history as a nation, the police power to investigate, prosecute, and punish common crimes such as murder, kidnaping, and assault has resided in the several States, and that such power should remain with the States.

"The Congress finds, however, that harassment, intimidation, obstruction, coercion, and acts of violence committed against foreign officials or their family members in the United States or against official guests of the United States adversely affect the foreign relations of the United States.

"Accordingly, this legislation is intended to afford the United States jurisdiction concurrent with that of the several States to proceed against those who by such acts interfere with its conduct of foreign affairs."

FEDERAL PREEMPTION

Section 3 of Pub. L. 92-539 provided: "Nothing contained in this Act [enacting sections 970, 1116 and 1117 of this title, amending this section and section 1201 of this title, and enacting provisions set out as notes under this section] shall be construed to indicate an intent on the part of Congress to occupy the field in which its provisions operate to the exclusion of the laws of any State, Commonwealth, territory, possession, or the District of Columbia on the same subject matter, nor to relieve any person of any obligation imposed by any law of any State. Commonwealth, territory, possession, or the District of Columbia."

Chapter 11.-BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 1942. § 201. Bribery of public officials and witnesses. (a) For the purpose of this section:

"person who has been selected to be a public official" means any person who has been nominated or appointed to be a public official, or has been officially informed that he will be so nominated or appointed; and

Ex. ORD. No. 11222. STANDARDS OF ETHICAL CONDUCT FOR GOVERNMENT OFFICERS AND EMPLOYEES

Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469, as amended by Ex. Ord No. 11590, Apr. 23, 1971, 36 F.R. 7831, provided:

By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

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SEC. 706. This Order shall be applicable to the United States Postal Service established by the Postal Reorganization Act of 1970 [Title 39, Postal Service].

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

§ 202. Definitions.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 984.

§ 224. Bribery in sporting contests.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

Chapter 18.-CONGRESSIONAL ASSASSINATION, KIDNAPING, AND ASSAULT

§ 351. Congressional assassination, kidnaping, and assault; penalties.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2516 of this title.

Chapter 25.-COUNTERFEITING AND FORGERY §§ 471 to 473.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in section 1961 of this title. § 500. Money orders.

Whoever, with intent to defraud, falsely makes, forges, counterfeits, engraves, or prints any order in imitation of or purporting to be a blank money order or a money order issued by or under the direction of the Post Office Department or Postal Service; or

Whoever forges or counterfeits the signature or initials of any person authorized to issue money orders upon or to any money order, postal note, or blank therefor provided or issued by or under the direction of the Post Office Department or Postal Service, or post office department or corporation of any foreign country, and payable in the United States, or any material signature or indorsement thereon, or any material signature to any receipt or certificate of identification thereof; or

Whoever falsely alters, in any material respect, any such money order or postal note; or

Whoever, with intent to defraud, passes, utters or publishes or attempts to pass, utter or publish any such forged or altered money order or postal note, knowing any material initials, signature, stamp impression or indorsement thereon to be false, forged, or counterfeited, or any material alteration therein to have been falsely made; or

Whoever issues any money order or postal note without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the United States or Postal Service, or any officer, employee, or agent thereof, any sum of money whatever; or

Whoever embezzles, steals, or knowingly converts to his own use or to the use of another, or without authority converts or disposes of any blank money order form provided by or under the authority of the Post Office Department or Postal Service; or

Whoever receives or possesses any such money order form with the intent to convert it to his own use or gain or use or gain of another knowing it to have been embezzled, stolen or converted; or

Whoever, with intent to defraud the United States, the Postal Service, or any person, transmits, presents, or causes to be transmitted or presented, any money order or postal note knowing the same

(1) to contain any forged or counterfeited signature, initials, or any stamped impression, or

(2) to contain any material alteration therein unlawfully made, or

(3) to have been unlawfully issued without previous payment of the amount required to be paid upon such issue, or

(4) to have been stamped without lawful authority; or

Whoever steals, or with intend to defraud or without being lawfully authorized by the Post Office Department or Postal Service, receives, possesses, disposes of or attempts to dispose of any postal money order machine or any stamp, tool, or instrument specifically designed to be used in preparing or filling out the blanks on postal money order forms

Shall be fined not more than $5,000 or imprisoned not more than five years, or both. (As amended Sept. 23, 1972, Pub. L. 92-430, 86 Stat. 722.)

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1972-Pub. L. 92-430 substituted "a blank money order or a money order issued by or under the direction of" for "a money order issued by" and struck out ", or by any officer or employee thereof" in the first par.; substituted "or initials of any person authorized to issue money orders" for "of any officer or employee of the Postal Service," in the second par.; inserted "or attempts to pass, utter or publish" preceding "any such forged" and substituted "material initials, signature, stamp impression" for "material signature" in the fourth par.; inserted "or Postal Service" following "the United States" in the fifth par.; added sixth and seventh pars.; inserted ", the Postal Service" following "the United States", and substituted "presents, or causes to be transmitted or presented, any money order" for "or presents to any officer or employee, or at any office of the United States, any money order" and designated material following "knowing the same" as cls. (1)-(3) with minor changes and added cl. (4) in eighth par.; added ninth par., and enacted provisions of former seventh par. as tenth par.

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1972-Pub. L. 92-225, title II, § 207, Feb. 7, 1972, 86 Stat. 11, substituted "contributions and expenditures" for "political contributions and purchases" in item 608, "Repealed" for "Maximum contributions and expenditures" in item 609, and "Government contractors" for "firms or individuals contracting with the United States" in item 611.

DISCLOSURE OF FEDERAL CAMPAIGN FUNDS

Penalties for violations, see section 441 of Title 2, The Congress.

CAMPAIGN COMMUNICATIONS REFORM

Penalties for violations, see section 805 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.

§ 591. Definitions.

When used in sections 597, 599, 600, 602, 608, 610, and 611 of this title

(a) "election" means (1) a general, special, primary, or runoff election, (2) a convention or caucus of a political party held to nominate a candidate, (3) a primary election held for the selection of delegates to a national nominating convention of a political party, (4) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States;

(b) "candidate" means an individual who seeks nomination for election, or election, to Federal office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal office, if he has (1) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, or (2) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office;

(c) "Federal office" means the office of President or Vice President of the United States, or Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States;

(d) "political committee” means any individual, committee, association, or organization which accepts contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000;

(e) "contribution" means—

(1) a gift, subscription, loan, advance, or deposit of money or anything of value (except a loan of money by a national or State bank made

in accordance with the applicable banking laws and regulations and in the ordinary course of business) made for the purpose of influencing the nomination for election, or election, of any person to Federal office, for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States;

(2) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for such purposes;

(3) a transfer of funds between political committees;

(4) the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or political committee without charge for any such purpose; and

(5) notwithstanding the foregoing meanings of "contribution", the word shall not be construed to include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee;

(f) "expenditure" means

(1) a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business), made for the purpose of influencing the nomination for election, or election, of any person to Federal office, for the purpose of influencing the result of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States;

(2) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any expenditure; and

(3) a transfer of funds between political committees;

(g) "person" and "whoever" mean an individual, partnership, committee, association, corporation, or any other organization or group of persons; and

(h) "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

(As amended Feb. 7, 1972, Pub. L. 92-225, title II, § 201, 86 Stat. 8.)

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