Laws: Cases and Codes : U.S. Code : Title 18 : Section 641
|
U.S. Code as of:
01/19/04
Section 641 - Notes
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 725; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147;
Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat.
3511.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 82, 87, 100, 101 (Mar.
4, 1909, ch. 321, Secs. 35, 36, 47, 48, 35 Stat. 1095, 1096-1098;
Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48
Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197; Nov. 22, 1943, ch.
302, 57 Stat. 591.)
Section consolidates sections 82, 87, 100, and 101 of title 18,
U.S.C., 1940 ed. Changes necessary to effect the consolidation were
made. Words "or shall willfully injure or commit any depredation
against" were taken from said section 82 so as to confine it to
embezzlement or theft.
The quoted language, rephrased in the present tense, appears in
section 1361 of this title.
Words "in a jail" which followed "imprisonment" and preceded "for
not more than one year" in said section 82, were omitted. (See
reviser's note under section 1 of this title.)
Language relating to receiving stolen property is from said
section 101.
Words "or aid in concealing" were omitted as unnecessary in view
of definitive section 2 of this title. Procedural language at end
of said section 101 "and such person may be tried either before or
after the conviction of the principal offender" was transferred to
and rephrased in section 3435 of this title.
Words "or any corporation in which the United States of America
is a stockholder" in said section 82 were omitted as unnecessary in
view of definition of "agency" in section 6 of this title.
The provisions for fine of not more than $1,000 or imprisonment
of not more than 1 year for an offense involving $100 or less and
for fine of not more than $10,000 or imprisonment of not more than
10 years, or both, for an offense involving a greater amount were
written into this section as more in conformity with the later
congressional policy expressed in sections 82 and 87 of title 18,
U.S.C., 1940 ed., than the nongraduated penalties of sections 100
and 101 of said title 18.
Since the purchasing power of the dollar is less than it was when
$50 was the figure which determined whether larceny was petit
larceny or grand larceny, the sum $100 was substituted as more
consistent with modern values.
The meaning of "value" in the last paragraph of the revised
section is written to conform with that provided in section 2311 of
this title by inserting the words "face, par, or".
This section incorporates the recommendation of Paul W. Hyatt,
president, board of commissioners of the Idaho State Bar
Association, that sections 82 and 100 of title 18, U.S.C., 1940
ed., be combined and simplified.
Also, with respect to section 101 of title 18, U.S.C., 1940 ed.,
this section meets the suggestion of P. F. Herrick, United States
attorney for Puerto Rico, that the punishment provision of said
section be amended to make the offense a misdemeanor where the
amount involved is $50 or less.
Changes were made in phraseology.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1956 of this title; title
22 section 3622; title 40 section 611.
|
Ads by FindLaw