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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