Notes on 18 U.S.C. § 491 : US Code - Notes

Search Notes on 18 U.S.C. § 491 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 710; Pub. L. 87-667, Sept. 19,
1962, 76 Stat. 555; Pub. L. 103-322, title XXXIII, Sec.
330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 282, 282a (Mar. 4,
1909, ch. 321, Sec. 168, 35 Stat. 1120, and Sec. 168a as added Apr.
1, 1944, ch. 151, 58 Stat. 149).
Mandatory punishment provision in subsection (a) was rephrased in
the alternative.
Sections were consolidated and changes were made in phraseology.
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of "principal" in section 2 of
this title.
Punishment provision in paragraph (a) of 5 years was changed to 1
year to make the offense a misdemeanor as was done in paragraph (b)
of this section, which represents the latest expression of the
intention of Congress. See definition of felony and misdemeanor in
section 1 of this title and note thereunder.
In paragraph (b) the $3,000 fine was reduced to $1,000 to conform
to paragraph (a) and as more in keeping with the gravity of
offense.
AMENDMENTS
1994 - Subsecs. (a), (b). Pub. L. 103-322 substituted "fined
under this title" for "fined not more than $1,000".
1962 - Subsec. (a). Pub. L. 87-667 inserted "being 18 years of
age or over," before "not lawfully authorized", and "or whoever,
being 18 years of age or over, with intent to defraud, makes,
utters, inserts, or uses any card, token, slug, disk, device,
paper, or other thing similar in size and shape to any of the
lawful coins or other currency of the United States or any coin or
other currency not legal tender in the United States, to procure
anything of value, or the use or enjoyment of any property or
service from any automatic merchandise vending machine, postage-
stamp machine, turnstile, fare box, coinbox telephone, parking
meter or other lawful receptacle, depository, or contrivance
designed to receive or to be operated by lawful coins or other
currency of the United States," and deleted "for any 1-cent, 2-
cent, 3-cent, or 5-cent piece, authorized by law, or for coins of
equal value" after "intended to be used as money".
Subsec. (b). Pub. L. 87-667 substituted "device, paper, or other
thing similar" for "device similar", "paper, or other device issued
or authorized in connection with rationing or food and fiber
distribution" for "or other device issued or authorized in
connection with rationing", and "devices, papers, or other things
are intended to be used unlawfully" for "or other devices may be
used unlawfully", inserted "or other currency" before "of the
United States" in two places, and "lawful" before "receptacle,
depository", and provided that nothing in this section shall create
immunity from criminal prosecution under the laws of any State,
Commonwealth of Puerto Rico, territory, possession, or the District
of Columbia.