TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 103 - ROBBERY AND BURGLARY
HEAD
Sec. 2117. Breaking or entering carrier facilities
STATUTE
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
both.
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.
SOURCE
(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.)
HISTORICAL AND REVISION NOTES
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.
AMENDMENTS
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
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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