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CITE

    18 USC Sec. 474                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 25 - COUNTERFEITING AND FORGERY

HEAD

    Sec. 474. Plates, stones, or analog, digital, or electronic images
      for counterfeiting obligations or securities

STATUTE

      (a) Whoever, having control, custody, or possession of any plate,
    stone, or other thing, or any part thereof, from which has been
    printed, or which may be prepared by direction of the Secretary of
    the Treasury for the purpose of printing, any obligation or other
    security of the United States, uses such plate, stone, or other
    thing, or any part thereof, or knowingly suffers the same to be
    used for the purpose of printing any such or similar obligation or
    other security, or any part thereof, except as may be printed for
    the use of the United States by order of the proper officer
    thereof; or
      Whoever makes or executes any plate, stone, or other thing in the
    likeness of any plate designated for the printing of such
    obligation or other security; or
      Whoever, with intent to defraud, makes, executes, acquires,
    scans, captures, records, receives, transmits, reproduces, sells,
    or has in such person's control, custody, or possession, an analog,
    digital, or electronic image of any obligation or other security of
    the United States; or
      Whoever sells any such plate, stone, or other thing, or brings
    into the United States any such plate, stone, or other thing,
    except under the direction of the Secretary of the Treasury or
    other proper officer, or with any other intent, in either case,
    than that such plate, stone, or other thing be used for the
    printing of the obligations or other securities of the United
    States; or
      Whoever has in his control, custody, or possession any plate,
    stone, or other thing in any manner made after or in the similitude
    of any plate, stone, or other thing, from which any such obligation
    or other security has been printed, with intent to use such plate,
    stone, or other thing, or to suffer the same to be used in forging
    or counterfeiting any such obligation or other security, or any
    part thereof; or
      Whoever has in his possession or custody, except under authority
    from the Secretary of the Treasury or other proper officer, any
    obligation or other security made or executed, in whole or in part,
    after the similitude of any obligation or other security issued
    under the authority of the United States, with intent to sell or
    otherwise use the same; or
      Whoever prints, photographs, or in any other manner makes or
    executes any engraving, photograph, print, or impression in the
    likeness of any such obligation or other security, or any part
    thereof, or sells any such engraving, photograph, print, or
    impression, except to the United States, or brings into the United
    States, any such engraving, photograph, print, or impression,
    except by direction of some proper officer of the United States -
      Is guilty of a class B felony.
      (b) For purposes of this section, the term "analog, digital, or
    electronic image" includes any analog, digital, or electronic
    method used for the making, execution, acquisition, scanning,
    capturing, recording, retrieval, transmission, or reproduction of
    any obligation or security, unless such use is authorized by the
    Secretary of the Treasury. The Secretary shall establish a system
    (pursuant to section 504) to ensure that the legitimate use of such
    electronic methods and retention of such reproductions by
    businesses, hobbyists, press and others shall not be unduly
    restricted.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 706; Pub. L. 102-550, title XV,
    Sec. 1552, Oct. 28, 1992, 106 Stat. 4070; Pub. L. 104-208, div. A,
    title I, Sec. 101(f) [title VI, Sec. 648(a)], title II, Sec.
    2603(a), Sept. 30, 1996, 110 Stat. 3009-314, 3009-367, 3009-470;
    Pub. L. 107-56, title III, Sec. 374(e)(1)-(3), Oct. 26, 2001, 115
    Stat. 340.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 264 (Mar. 4, 1909, ch.
    321, Sec. 150, 35 Stat. 1116).
      References to persons causing, procuring, assisting or aiding
    were omitted as unnecessary as such persons are made principals by
    section 2 of this title.
      Changes in phraseology were made.
                                AMENDMENTS
      2001 - Pub. L. 107-56, Sec. 374(e)(3), substituted ", stones, or
    analog, digital, or electronic images" for "or stones" in section
    catchline.
      Subsec. (a). Pub. L. 107-56, Sec. 374(e)(1), inserted after
    second par. "Whoever, with intent to defraud, makes, executes,
    acquires, scans, captures, records, receives, transmits,
    reproduces, sells, or has in such person's control, custody, or
    possession, an analog, digital, or electronic image of any
    obligation or other security of the United States; or".
      Subsec. (b). Pub. L. 107-56, Sec. 374(e)(2), inserted first
    sentence and struck out former first sentence which read as
    follows: "For purposes of this section, the terms 'plate', 'stone',
    'thing', or 'other thing' includes any electronic method used for
    the acquisition, recording, retrieval, transmission, or
    reproduction of any obligation or other security, unless such use
    is authorized by the Secretary of the Treasury."
      1996 - Subsec. (a). Pub. L. 104-208, Secs. 101(f) [title VI, Sec.
    648(a)] and 2603(a), amended subsec. (a) identically, substituting
    "class B felony" for "class C felony" in last par.
      1992 - Subsec. (a). Pub. L. 102-550, Sec. 1552(1)-(4), designated
    existing provisions as subsec. (a), in sixth undesignated par.,
    substituted "United States - " for "United States; or" at end,
    struck out seventh undesignated par. which read as follows:
    "Whoever has or retains in his control or possession, after a
    distinctive paper has been adopted by the Secretary of the Treasury
    for the obligations and other securities of the United States, any
    similar paper adapted to the making of any such obligation or other
    security, except under the authority of the Secretary of the
    Treasury or some other proper officer of the United States - ", and
    amended last undesignated par. generally. Prior to amendment, last
    par. read as follows: "Shall be fined not more than $5,000 or
    imprisoned not more than fifteen years, or both."
      Subsec. (b). Pub. L. 102-550, Sec. 1552(5), added subsec. (b).
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 101(f) [title VI, Sec. 648(c)] of div. A of Pub. L. 104-
    208 provided that: "This section [enacting section 514 of this
    title and amending this section and section 474A of this title] and
    the amendments made by this section shall become effective on the
    date of enactment of this Act [Sept. 30, 1996] and shall remain in
    effect during each fiscal year following that date of enactment."
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