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2 Prosecutions
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4 Convictions
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CITE

    18 USC Sec. 506                                             01/05/2009

EXPCITE

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

HEAD

    Sec. 506. Seals of departments or agencies

STATUTE

      (a) Whoever -
        (1) falsely makes, forges, counterfeits, mutilates, or alters
      the seal of any department or agency of the United States, or any
      facsimile thereof;
        (2) knowingly uses, affixes, or impresses any such fraudulently
      made, forged, counterfeited, mutilated, or altered seal or
      facsimile thereof to or upon any certificate, instrument,
      commission, document, or paper of any description; or
        (3) with fraudulent intent, possesses, sells, offers for sale,
      furnishes, offers to furnish, gives away, offers to give away,
      transports, offers to transport, imports, or offers to import any
      such seal or facsimile thereof, knowing the same to have been so
      falsely made, forged, counterfeited, mutilated, or altered,
    shall be fined under this title, or imprisoned not more than 5
    years, or both.
      (b) Notwithstanding subsection (a) or any other provision of law,
    if a forged, counterfeited, mutilated, or altered seal of a
    department or agency of the United States, or any facsimile
    thereof, is -
        (1) so forged, counterfeited, mutilated, or altered;
        (2) used, affixed, or impressed to or upon any certificate,
      instrument, commission, document, or paper of any description; or
        (3) with fraudulent intent, possessed, sold, offered for sale,
      furnished, offered to furnish, given away, offered to give away,
      transported, offered to transport, imported, or offered to
      import,
    with the intent or effect of facilitating an alien's application
    for, or receipt of, a Federal benefit to which the alien is not
    entitled, the penalties which may be imposed for each offense under
    subsection (a) shall be two times the maximum fine, and 3 times the
    maximum term of imprisonment, or both, that would otherwise be
    imposed for an offense under subsection (a).
      (c) For purposes of this section -
        (1) the term "Federal benefit" means -
          (A) the issuance of any grant, contract, loan, professional
        license, or commercial license provided by any agency of the
        United States or by appropriated funds of the United States;
        and
          (B) any retirement, welfare, Social Security, health
        (including treatment of an emergency medical condition in
        accordance with section 1903(v) of the Social Security Act (19
        (!1) U.S.C. 1396b(v))), disability, veterans, public housing,
        education, supplemental nutrition assistance program
        benefits,(!2) or unemployment benefit, or any similar benefit
        for which payments or assistance are provided by an agency of
        the United States or by appropriated funds of the United
        States; and
        (2) each instance of forgery, counterfeiting, mutilation, or
      alteration shall constitute a separate offense under this
      section.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 714; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
    104-208, div. C, title V, Sec. 561, Sept. 30, 1996, 110 Stat. 3009-
    681; Pub. L. 110-234, title IV, Sec. 4002(b)(1)(E), (2)(M), May
    22, 2008, 122 Stat. 1096, 1097; Pub. L. 110-246, Sec. 4(a), title
    IV, Sec. 4002(b)(1)(E), (2)(M), June 18, 2008, 122 Stat. 1664,
    1857, 1858.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 131 (June 15, 1917, ch.
    30, title X, Sec. 2, 40 Stat. 228).
      Reference to persons causing, procuring, aiding or assisting was
    omitted as unnecessary as such persons are made principals by
    section 2 of this title.
      In view of definitions of department and agency in section 6 of
    this title, words "department or agency" in first paragraph were
    substituted for "executive department, or any bureau, commission,
    or office".
      Provision for 10 years' imprisonment was reduced to 5 years to
    conform to punishment provision in section 505 of this title,
    covering an offense of like gravity.
      Minor changes in phraseology were also made.

CODIFICATION

      Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
    this section. The amendments by Pub. L. 110-234 were repealed by
    section 4(a) of Pub. L. 110-246.

AMENDMENTS

      2008 - Subsec. (c)(1)(B). Pub. L. 110-246, Sec. 4002(b)(1)(E),
    (2)(M), substituted "supplemental nutrition assistance program
    benefits" for "food stamps".
      1996 - Pub. L. 104-208 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows:
      "Whoever falsely makes, forges, counterfeits, mutilates, or
    alters the seal of any department or agency of the United States;
    or
      "Whoever knowingly uses, affixes, or impresses any such
    fraudulently made, forged, counterfeited, mutilated, or altered
    seal to or upon any certificate, instrument, commission, document,
    or paper, of any description; or
      "Whoever, with fraudulent intent, possesses any such seal,
    knowing the same to have been so falsely made, forged,
    counterfeited, mutilated, or altered -
      "Shall be fined under this title or imprisoned not more than five
    years, or both."
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000".
                     EFFECTIVE DATE OF 2008 AMENDMENT
      Amendment of this section and repeal of Pub. L. 110-234 by Pub.
    L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
    110-234, except as otherwise provided, see section 4 of Pub. L. 110-
    246, set out as an Effective Date note under section 8701 of Title
    7, Agriculture.
      Amendment by section 4002(b)(1)(E), (2)(M) of Pub. L. 110-246
    effective Oct. 1, 2008, see section 4407 of Pub. L. 110-246, set
    out as a note under section 1161 of Title 2, The Congress.

FOOTNOTE

    (!1) So in original. Probably should be "42".
    (!2) So in original. The word "benefits" probably should not
         appear.
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