Notes on 18 U.S.C. § 2314 : US Code - Notes

Search Notes on 18 U.S.C. § 2314 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 806; May 24, 1949, ch. 139, Sec.
45, 63 Stat. 96; July 9, 1956, ch. 519, 70 Stat. 507; Pub. L. 87-
371, Sec. 2, Oct. 4, 1961, 75 Stat. 802; Pub. L. 90-535, Sept. 28,
1968, 82 Stat. 885; Pub. L. 100-690, title VII, Secs. 7057, 7080,
Nov. 18, 1988, 102 Stat. 4402, 4406; Pub. L. 101-647, title XII,
Sec. 1208, Nov. 29, 1990, 104 Stat. 4832; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., Secs. 413, 415, 418, 418a,
419 (May 22, 1934, ch. 333, Secs. 1, 3, 6, 48 Stat. 794, 795; May
22, 1934, ch. 333, Sec. 7, as added Aug. 3, 1939, ch. 413, Sec. 5,
53 Stat. 1179; May 22, 1934, ch. 333, Sec. 7, renumbered Sec. 8 by
Aug. 3, 1939, ch. 413, Sec. 6, 53 Stat. 1179; Aug. 3, 1939, ch.
413, Secs. 1, 4, 5, 53 Stat. 1178, 1179).
Section consolidates sections 413, 415, 417, 418, 418a, and 419
of title 18, U.S.C., 1940 ed.
Words "or with intent to steal or purloin, knowing the same to
have been so stolen, converted, or taken" were omitted as
surplusage, since property so "taken" is "stolen," and insertion of
word "knowingly" after "Whoever" at beginning of section renders
such omission possible.
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of "principal" in section 2 of
this title.
Section 413 of title 18, U.S.C., 1940 ed., providing the short
title "National Stolen Property Act," was omitted as not
appropriate in a revision.
Section 414 of title 18, U.S.C., 1940 ed., containing definitions
of "interstate or foreign commerce," "securities," and "money," is
incorporated in sections 10 and 2311 of this title.
Section 417 of title 18, U.S.C., 1940 ed., relating to
indictments and determination of "value" of goods, wares,
merchandise, securities, and money referred to in indictments, is
also incorporated in section 2311 of this title.
Section 418 of title 18, U.S.C., 1940 ed., relating to venue, was
omitted as completely covered by section 3237 of this title.
Section 418a of title 18, U.S.C., 1940 ed., relating to
conspiracy, was omitted as covered by section 371 of this title,
the general conspiracy section.
Section 419 of title 18, U.S.C., 1940 ed., providing that nothing
contained in the National Stolen Property Act should be construed
to repeal, modify, or amend any part of the National Motor Vehicle
Theft Act, was omitted as unnecessary, in view of this revision and
reenactment of the provisions of the latter act (sections 10, 2311-
2313 of this title).
Changes were made in phraseology and arrangement.
1949 ACT
This amendment [see section 45] restates and clarifies the first
paragraph of section 2314 of title 18, U.S.C., to conform to the
original law upon which the section is based.
AMENDMENTS
1994 - Pub. L. 103-322, Sec. 330016(1)(L), substituted "fined
under this title" for "fined not more than $10,000" in penultimate
par.
Pub. L. 103-322, Sec. 330016(1)(K), which directed the amendment
of this section by striking "not more than $5,000" and inserting
"under this title", could not be executed because the phrase "not
more than $5,000" did not appear in text.
1990 - Pub. L. 101-647 inserted "or foreign" after "interstate"
in second par.
1988 - Pub. L. 100-690, Sec. 7057(a), substituted "transports,
transmits, or transfers" for "transports" in first par.
Pub. L. 100-690, Sec. 7080, inserted "or persons" after "any
person" and "or those persons" after "that person" in second par.
Pub. L. 100-690, Sec. 7057(b), struck out "or by a bank or
corporation of any foreign country" after "foreign government" in
last par. and inserted at end "This section also shall not apply to
any falsely made, forged, altered, counterfeited, or spurious
representation of any bank note or bill issued by a bank or
corporation of any foreign country which is intended by the laws or
usage of such country to circulate as money."
1968 - Pub. L. 90-535 prohibited transportation with unlawful or
fraudulent intent in interstate or foreign commerce of traveler's
checks bearing forged countersignatures.
1961 - Pub. L. 87-371 inserted "or tax stamps" after "securities"
in third par. and after "security" in fourth par., and "fraudulent
State tax stamps," in section catchline.
1956 - Act July 9, 1956, inserted par. relating to interstate
transportation of persons in schemes to defraud.
1949 - Act May 24, 1949, substituted "knowing the same to have
been stolen, converted or taken by fraud" for "theretofore stolen,
converted, or taken by fraud" in first par.