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."
Transactional Records Access
Clearinghouse, Syracuse University
Copyright 2010