TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109 - SEARCHES AND SEIZURES
HEAD
Sec. 2232. Destruction or removal of property to prevent seizure
STATUTE
(a) Destruction or Removal of Property To Prevent Seizure. -
Whoever, before, during, or after any search for or seizure of
property by any person authorized to make such search or seizure,
knowingly destroys, damages, wastes, disposes of, transfers, or
otherwise takes any action, or knowingly attempts to destroy,
damage, waste, dispose of, transfer, or otherwise take any action,
for the purpose of preventing or impairing the Government's lawful
authority to take such property into its custody or control or to
continue holding such property under its lawful custody and
control, shall be fined under this title or imprisoned not more
than 5 years, or both.
(b) Impairment of In Rem Jurisdiction. - Whoever, knowing that
property is subject to the in rem jurisdiction of a United States
court for purposes of civil forfeiture under Federal law, knowingly
and without authority from that court, destroys, damages, wastes,
disposes of, transfers, or otherwise takes any action, or knowingly
attempts to destroy, damage, waste, dispose of, transfer, or
otherwise take any action, for the purpose of impairing or
defeating the court's continuing in rem jurisdiction over the
property, shall be fined under this title or imprisoned not more
than 5 years, or both.
(c) Notice of Search or Execution of Seizure Warrant or Warrant
of Arrest In Rem. - Whoever, having knowledge that any person
authorized to make searches and seizures, or to execute a seizure
warrant or warrant of arrest in rem, in order to prevent the
authorized seizing or securing of any person or property, gives
notice or attempts to give notice in advance of the search,
seizure, or execution of a seizure warrant or warrant of arrest in
rem, to any person shall be fined under this title or imprisoned
not more than 5 years, or both.
(d) Notice of Certain Electronic Surveillance. - Whoever, having
knowledge that a Federal investigative or law enforcement officer
has been authorized or has applied for authorization under chapter
119 to intercept a wire, oral, or electronic communication, in
order to obstruct, impede, or prevent such interception, gives
notice or attempts to give notice of the possible interception to
any person shall be fined under this title or imprisoned not more
than five years, or both.
(e) Foreign Intelligence Surveillance. - Whoever, having
knowledge that a Federal officer has been authorized or has applied
for authorization to conduct electronic surveillance under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et
seq.), in order to obstruct, impede, or prevent such activity,
gives notice or attempts to give notice of the possible activity to
any person shall be fined under this title or imprisoned not more
than five years, or both.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 98-473, title II,
Sec. 1103, Oct. 12, 1984, 98 Stat. 2143; Pub. L. 99-508, title I,
Sec. 109, Oct. 21, 1986, 100 Stat. 1858; Pub. L. 99-646, Sec. 33,
Nov. 10, 1986, 100 Stat. 3598; Pub. L. 100-690, title VII, Sec.
7066, Nov. 18, 1988, 102 Stat. 4404; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 106-185,
Sec. 12, Apr. 25, 2000, 114 Stat. 218.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 121 (Mar. 4, 1909, ch.
321, Sec. 65, 35 Stat. 1100).
Section was formed from the words following the first semicolon
and ending with the second semicolon, in section 121 of title 18,
U.S.C., 1940 ed.
The remaining provisions of section 121 of title 18, U.S.C., 1940
ed., relating to assaulting, resisting, or interfering with customs
officers, revenue officers, or other persons, and to the rescue of
seized property, constitute, along with provisions from other
sections, sections 2231 and 2233 of this title.
Minor changes were made in phraseology.
REFERENCES IN TEXT
The Foreign Intelligence Surveillance Act of 1978, referred to in
subsec. (e), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
amended, which is classified principally to chapter 36 (Sec. 1801
et seq.) of Title 50, War and National Defense. For complete
classification of this Act to the Code, see Short Title note set
out under section 1801 of Title 50 and Tables.
AMENDMENTS
2000 - Pub. L. 106-185 added subsecs. (a) to (c), redesignated
first and second pars. of former subsec. (c) as subsecs. (d) and
(e), respectively, inserted subsec. (e) heading, and struck out
former subsecs. (a) and (b) which related to physical interference
with search and notice of search, respectively.
1994 - Subsecs. (a), (b). Pub. L. 103-322 substituted "fined
under this title" for "fined not more than $10,000".
1988 - Subsec. (c). Pub. L. 100-690 inserted "of 1978" after
"Surveillance Act".
1986 - Pub. L. 99-646 directed the designation of first and
second pars. as subsecs. (a) and (b), respectively, which had been
previously so designated by Pub. L. 99-508, and substituted
"imprisoned not" for "imprisoned" in subsec. (a).
Pub. L. 99-508 designated first and second pars. as subsecs. (a)
and (b), respectively, and inserted headings, and added subsec.
(c).
1984 - Pub. L. 98-473, Sec. 1103(a), substituted provisions
raising the maximum fine from $2,000 to $10,000 and raising the
maximum term of imprisonment from two years to five years.
Pub. L. 98-473, Sec. 1103(b), inserted paragraph relating to the
penalties for warning the subject of a search.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-185 applicable to any forfeiture
proceeding commenced on or after the date that is 120 days after
Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note
under section 1324 of Title 8, Aliens and Nationality.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,
1986, and, in case of conduct pursuant to court order or extension,
applicable only with respect to court orders and extensions made
after such date, with special rule for State authorizations of
interceptions, see section 111 of Pub. L. 99-508, set out as a note
under section 2510 of this title.
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