Notes on 18 U.S.C. § 2233 : US Code - Notes

Search Notes on 18 U.S.C. § 2233 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 121, 128 (Mar. 4,
1909, ch. 321, Secs. 65, 71, 35 Stat. 1100, 1101).
Section consolidates that portion of section 121 of title 18,
U.S.C., 1940 ed., relating to rescue of seized property, with
section 128 of title 18, U.S.C., 1940 ed.
The remaining provisions of section 121 of present title 18,
U.S.C., 1940 ed., relating to assaulting, resisting, or interfering
with customs officers, revenue officers, or other persons, and to
the destruction or removal of property to prevent seizure,
constitute sections 2231 and 2232 of this title, the former
provisions being consolidated with certain provisions of other
sections.
Said section 121 of present title 18, U.S.C., 1940 ed., provided
for punishment by fine of not more than $2,000 or imprisonment of
not more than 1 year, or both, of persons rescuing, attempting to
rescue, or causing to be rescued, "any property" which has been
seized by "any person" authorized to make searches and seizures.
Said section 128 of present title 18, U.S.C., 1940 ed., provided
for punishment by fine of not more than $300 and imprisonment for
not more than 1 year of persons dispossessing, rescuing, or
attempting to dispossess or rescue, or aiding or assisting in
dispossessing or rescuing, "any property taken or detained by any
officer or other person under the authority of any revenue law of
the United States."
This revised section adopts the maximum fine provisions of
section 121 of title 18, U.S.C., 1940 ed., and extends the maximum
term of imprisonment to 2 years. This was deemed advisable so that
uniformity of punishment would be established and the provisions
would be sufficiently broad to impose punishment commensurate with
the gravity of the offense. (See section 3601(c)(2) of title 26,
U.S.C., 1940 ed., Internal Revenue Code.)
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary in view of definition of "principal" in
section 2 of this title.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $2,000".