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CITE

    18 USC Sec. 1361                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 65 - MALICIOUS MISCHIEF

HEAD

    Sec. 1361. Government property or contracts

STATUTE

      Whoever willfully injures or commits any depredation against any
    property of the United States, or of any department or agency
    thereof, or any property which has been or is being manufactured or
    constructed for the United States, or any department or agency
    thereof, or attempts to commit any of the foregoing offenses, shall
    be punished as follows:
      If the damage or attempted damage to such property exceeds the
    sum of $1,000, by a fine under this title or imprisonment for not
    more than ten years, or both; if the damage or attempted damage to
    such property does not exceed the sum of $1,000, by a fine under
    this title or by imprisonment for not more than one year, or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103-322, title
    XXXII, Sec. 320903(d)(1), title XXXIII, Sec. 330016(1)(H), (L),
    Sept. 13, 1994, 108 Stat. 2125, 2147; Pub. L. 104-294, title VI,
    Secs. 601(a)(3), 605(e), 606(a), Oct. 11, 1996, 110 Stat. 3498,
    3510, 3511.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 82 (Mar. 4, 1909, ch.
    321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;
    June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52
    Stat. 197).
      The embezzlement and theft provisions of section 82 of title 18,
    U.S.C., 1940 ed., are now incorporated in section 641 of this
    title.
      Words "or any corporation in which the United States of America
    is a stockholder" were omitted as unnecessary in view of definition
    of "agency" in section 6 of this title.
      Designation of the place of confinement as "in a jail" was
    omitted because section 4082 of this title commits all prisoners to
    the custody of the Attorney General or his authorized
    representative, who shall designate the place of confinement. (See
    reviser's note under section 1 of this title.)
      The smaller penalty for offenses involving $50 or less was
    extended to offenses involving $100 or less. The use of $50 as the
    dividing line between felonies and misdemeanors originated at a
    time when that sum was of much greater value than $100 is now.
      The word "damage" was substituted twice for the word "value", and
    the definition of "value" was omitted as inapplicable to this
    section. These words and definition, however, are retained in that
    part of said section 82 which is now section 641 of this title.
      Minor changes were made in phraseology.
                                AMENDMENTS
      1996 - Pub. L. 104-294, Sec. 605(e), inserted comma after
    "foregoing offenses" in first par.
      Pub. L. 104-294, Secs. 601(a)(3), 606(a), in second par.,
    substituted "fine under this title" for "fine of under this title"
    in two places and "$1,000" for "$100" in two places.
      1994 - Pub. L. 103-322, Sec. 320903(d)(1)(A), inserted "or
    attempts to commit any of the foregoing offenses" before "shall be
    punished" in first par.
      Pub. L. 103-322, Sec. 330016(1)(H), (L), in second par.,
    substituted "under this title" for "not more than $10,000" before
    "or imprisonment for not more than ten years" and for "not more
    than $1,000" before "or by imprisonment for not more than one
    year".
      Pub. L. 103-322, Sec. 320903(d)(1)(B), inserted "or attempted
    damage" after "damage" in two places in second par.
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