18 USC Sec. 2117                                            01/05/2009




    Sec. 2117. Breaking or entering carrier facilities


      Whoever breaks the seal or lock of any railroad car, vessel,
    aircraft, motortruck, wagon or other vehicle or of any pipeline
    system, containing interstate or foreign shipments of freight or
    express or other property, or enters any such vehicle or pipeline
    system with intent in either case to commit larceny therein, shall
    be fined under this title or imprisoned not more than ten years, or
      A judgment of conviction or acquittal on the merits under the
    laws of any State shall be a bar to any prosecution under this
    section for the same act or acts. Nothing contained in this section
    shall be construed as indicating an intent on the part of Congress
    to occupy the field in which provisions of this section operate to
    the exclusion of State laws on the same subject matter, nor shall
    any provision of this section be construed as invalidating any
    provision of State law unless such provision is inconsistent with
    any of the purposes of this section or any provision thereof.


    (June 25, 1948, ch. 645, 62 Stat. 797; May 24, 1949, ch. 139, Sec.
    44, 63 Stat. 96; Pub. L. 89-654, Sec. 2(a)-(c), Oct. 14, 1966, 80
    Stat. 904; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept.
    13, 1994, 108 Stat. 2147.)


                                 1948 ACT
      Based on title 18, U.S.C., 1940 ed., Sec. 409 (Feb. 13, 1913, ch.
    50, Sec. 1, 37 Stat. 670; Jan. 28, 1925, ch. 102, 43 Stat. 793;
    Jan. 21, 1933, ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60
    Stat. 656).
      Other provisions of section 409 of title 18, U.S.C., 1940 ed.,
    were incorporated in sections 659 and 660 of this title.
      Minor changes were made in phraseology.
                                 1949 ACT
      This section [section 44] conforms section 2117 of title 18,
    U.S.C., more closely with the original law from which it was
    derived, and with section 659 of such title.
      1994 - Pub. L. 103-322, which directed the amendment of section
    2217 of this title by substituting "under this title" for "not more
    than $5,000", was executed by making the substitution in the first
    par. of this section, to reflect the probable intent of Congress,
    because this title does not contain a section 2217.
      1966 - Pub. L. 89-654 substituted "Breaking or entering carrier
    facilities" for "Railroad car entered or seal broken" as section
    catchline, inserted reference to "pipeline system", substituted
    "freight or express or other property" for "freight or express",
    and prohibited any construction which might indicate a
    Congressional intent to occupy the field or invalidate State law.
      1949 - Act May 24, 1949, inserted last par.


                         EXECUTIVE ORDER NO. 11836
      Ex. Ord. No. 11836, Jan. 27, 1975, 40 F.R. 4255, which assigned
    responsibilities to Federal departments and agencies with respect
    to the National Cargo Security Program, was revoked by Ex. Ord. No.
    12553, Feb. 25, 1986, 51 F.R. 7237.
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