18USC641
- CITE
- 18USC Sec. 641 01/03/95
- EXPCITE
- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
- PART I - CRIMES
- CHAPTER 31 - EMBEZZLEMENT AND THEFT
- HEAD
- Sec. 641. Public money, property or records
- STATUTE
- Whoever embezzles, steals, purloins, or knowingly converts to his
use or the use of another, or without authority, sells, conveys or
disposes of any record, voucher, money, or thing of value of the
United States or of any department or agency thereof, or any
property made or being made under contract for the United States or
any department or agency thereof; or
- Whoever receives, conceals, or retains the same with intent to
convert it to his use or gain, knowing it to have been embezzled,
stolen, purloined or converted -
- Shall be fined under this title or imprisoned not more than ten
years, or both; but if the value of such property does not exceed
the sum of $100, he shall be fined under this title or imprisoned
not more than one year, or both.
- The word ''value'' means face, par, or market value, or cost
price, either wholesale or retail, whichever is greater.
- SOURCE
- (June 25, 1948, ch. 645, 62 Stat. 725; Sept. 13, 1994, Pub. L.
103-322, title XXXIII, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
- MISC1 HISTORICAL AND REVISION NOTES
- Based on title 18, U.S.C., 1940 ed., Sec. 82, 87, 100, 101 (Mar.
4, 1909, ch. 321, Sec. 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.
- AMENDMENTS
- 1994 - Pub. L. 103-322, in third par., substituted ''fined under
this title'' for ''fined not more than $10,000'' after ''Shall be''
and for ''fined not more than $1,000'' after ''he shall be''.
- SHORT TITLE OF 1984 AMENDMENT
- Pub. L. 98-473, title II, chapter XI, part I (Sec. 1110-1115),
Sec. 1110, Oct. 12, 1984, 98 Stat. 2148, provided that: ''This Part
(enacting section 667 of this title and amending sections 2316 and
2317 of this title) may be cited as the 'Livestock Fraud Protection
Act'.''
- CROSS CROSS REFERENCES
- Concealment, removal or destruction of records, see section 2071
of this title.
- Court records or process, theft of, see section 1506 of this
title.
- Mail matter or postal service equipment, embezzlement or theft,
see section 1702 et seq. of this title.
- Misappropriation of postal funds, see section 1711 of this title.
- Receiver triable before or after principal, see section 3435 of
this title.
- SECREF SECTION REFERRED TO IN OTHER SECTIONS
- This section is referred to in section 1956 of this title; title
22 section 3622; title 40 section 491.