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[PUBLIC LAW 534-79TH CONGRESS]

[CHAPTER 606-2D SESSION]

(H. R. 4180]

AN ACT

To amend the law relating to larceny in interstate or foreign commerce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of February 13, 1913, as amended (47 Stat. 773; U. S. C., title 18, secs. 409 to 411), be, and it is hereby, amended to read as follows:

"(a) Whoever shall

"(1) unlawfully break the seal or lock of or enter any railroad car, vessel, aircraft, motortruck, wagon, or other vehicle containing interstate or foreign shipments of freight or express, with intent to commit larceny therein; or

"(2) embezzle, steal, or unlawfully take, carry away, or conceal, or by fraud or deception obtain from any

railroad car, motortruck, wagon, or other vehicle,

(ii) station house, platform, depot, or terminal,

(iii) steamboat, vessel, or wharf,

(iv) aircraft, airport, aircraft terminal or air navigation facility,

any goods or property moving as or which are a part of or which constitute an interstate or foreign shipment of freight or express, with intent to convert such goods or property to his own use, or shall buy, receive, or have in his possession any such goods or property, knowing the same to have been embezzled or stolen; or "73) embezzle, steal, or unlawfully take, carry away, or by fraud or deception obtain any baggage which shall have come into the possession of any carrier for transportation in interstate or foreign commerce, or shall break into, steal, take, carry away, or conceal any of the contents thereof, with intent to convert the same or any part thereof to his own use, or shall buy, receive, or have in his possession any such baggage or any article therefrom, of whatever nature, knowing the same to have been embezzled or stolen; or

"(4) embezzle, steal, or unlawfully take by any fraudulent device, scheme, or game, from any railroad car, motortruck, steamboat, vessel, aircraft, or other vehicle operated by any car. rier, or from any passenger or employee thereon, when such railroad car, or the train of which it is a part, motortruck, steamboat, vessel, aircraft, or other vehicle is moving in interstate or foreign commerce, any money, baggage, goods, or property, with intent to convert the same or any part thereof to his own use, or shall buy, receive, or have in his possession any such money, baggage, goods, or property, knowing the same to have been embezzled or stolen; or

"(5) being an employee of any carrier riding in, on or upon any railroad car, motortruck, steamboat, vessel, aircraft, or other vehicle of such carrier transporting passengers or property in interstate or foreign commerce and having in his custody funds arising out of or accruing from such transportation, embezzle or unlawfully convert to his own use any such funds; shall in each case be fined not more than $5,000 or imprisoned not more than ten years, or both.

“(b) The carrying or transporting of any such money, freight, express, baggage, goods, or property from one State or Territory or the District of Columbia into another State or Territory or the District of Columbia, knowing the same to have been embezzled or stolen, shall constitute a separate offense and subject the offender to the penalties prescribed in subsection (a).

"(c) The term 'interstate or foreign commerce' shall include transportation from one State, Territory, or the District of Columbia to another State, Territory, or the District of Columbia, or to a foreign country, or from a foreign country to any State, Territory, or the District of Columbia.

"(d) The term 'aircraft' shall mean airplane, glider, blimp, balloon, dirigible, helicopter, rocket ship, parachute, or any contrivance used or designed for navigation of or flight in the air.

"(e) The term 'motortruck' shall mean truck, truck-tractor, trailer, semitrailer, automobile, bus, or other vehicle used upon or designed for use upon roads, highways, or streets.

"(f) The term 'wharf' shall mean dock, quay, pier, or any structure or contrivance designed for the loading or unloading of water craft. "(g) Prosecutions under this Act may be instituted in any district wherein the crime shall have been committed, or in which the offender may have taken, removed, brought or been in possession of said money, freight, express, baggage, goods, property.

"SEC. 2. Nothing herein shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof; and a judgment of conviction or acquittal on the merits der the laws of any State shall be a bar to any prosecution hereunder to the

same act or acts.

"SEC. 3. To establish the interstate or foreign commerce character of any shipment in any prosecution under this Act the waybill, or other shipping document, of such shipment shall be prima facie evidence of the place from which such shipment was made." Approved July 24, 1946.

[PUBLIC LAW 534-79TH CONGRESS]

[CHAPTER 606-2D SESSION]

(H. R. 4180]

AN ACT

To amend the law relating to larceny in interstate or foreign commerce.

Be it enacted by the Senate and House of Representatives of United States of America in Congress assembled, That the Act of F ruary 13, 1913, as amended (47 Stat. 773; U. S. C., title 18, secs. 409 411), be, and it is hereby, amended to read as follows:

"(a) Whoever shall

"(1) unlawfully break the seal or lock of or enter any rail car, vessel, aircraft, motortruck, wagon, or other vehicle taining interstate or foreign shipments of freight or express, intent to commit larceny therein; or

"(2) embezzle, steal, or unlawfully take, carry away, or ceal, or by fraud or deception obtain from any

railroad car, motortruck, wagon, or other veh (ii) station house, platform, depot, or terminal, (iii) steamboat, vessel, or wharf,

(iv) aircraft, airport, aircraft terminal or air navi facility,

any goods or property moving as or which are a part of or
constitute an interstate or foreign shipment of freight or
with intent to convert such goods or property to his own
shall buy, receive, or have in his possession any such g
property, knowing the same to have been embezzled or st

73) embezzle, steal, or unlawfully take, carry awa
fraud or deception obtain any baggage which shall ha

into the possession of any carrier for transportation in E:

or foreign commerce, or shall break into, steal, take, car
or conceal any of the contents thereof, with intent to co
same or any part thereof to his own use, or shall buy, r
have in his possession any such baggage or any article
t
of whatever nature, knowing the same to have been em'
stolen; or

"(4) embezzle, steal, or unlawfully take by any f
device, scheme, or game, from any railroad car, m
steamboat, vessel, aircraft, or other vehicle operated b
rier, or from any passenger or employee thereon,
railroad car, or the train of which it is a part, motortr
boat, vessel, aircraft, or other vehicle is moving in ir
foreign commerce, any money, baggage, goods, or pro
intent to convert the same or any part thereof to h
or shall buy, receive, or have in his possession any s
baggage, goods, or property, knowing the same to
embezzled or stolen; or

[graphic]

than ten years action (b) The crys express, bague arc the District of Otoman District of C

tolen, shall castin

to the penalties prescrib (c) The tawn inte rtation from me Sortantel nother State, Tensory atry, or from a foreren

Astrict of Cole.

(d) The team harrerait shall

gible, helicopter, rocket ship, pow

esigned for navigation of or flight in theme.

The term motortruck' shall mean trek, te

miler, automobile, bus, or other vehicle use pron
e upon roads, highways, or streets.

The term "wharf shall mean dock, quay, pier, or a stron
trivance designed for the loading or unloading of wate
Prosecutions under this Act may be instituted in a de
herein the crime shall have been committed, or in which the
may have taken, removed, brought or been in possession of
ey, freight, express, baggage, goods, property

Nothing herein shall be held to take away or impute tion of the courts of the several States under this thereft; dgment of conviction or acquittal on the merits-te uy State shall be a bar to any prosecution hereume

[PUBLIC LAW 37-80TH CONGRESS]

[CHAPTER 39-1ST SESSION]

[S. 363]

AN ACT

To amend section 3 of the Act of July 24, 1946 (Public Law 534, Seventy-ninth Congress).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act of July 24, 1946 (Public Law 534, Seventy-ninth Congress, be, and it is hereby, amended to read as follows:

"To establish the interstate or foreign commerce character of any shipment in any prosecution under this Act the waybill, or other shipping document, of such shipment shall be prima facie evidence of the place from which and to which such shipment was made.”

Approved April 16, 1947.

(396)

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