ing any government in the United States by force or violence, or attempts to do so; or Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof— Shall be fined not more than $20,000 or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. If two or more persons conspire to commit any offense named in this section, each shall be fined not more than $20,000 or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. As used in this section, the terms "organizes" and "organize", with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons. June 25, 1948, c. 645, 62 Stat. 808; July 24, 1956, c. 678, § 2, 70 Stat. 623; June 19, 1962, Pub.L. 87-486, 76 Stat. 103. HISTORICAL AND REVISION NOTES Reviser's Note. Based on Title 18, U.S.C., 1940 ed., §§ 10, 11, 13 (June 28, 1940, c. 19, Title I, §§ 2, 3, 5, 54 Stat. 670, 671). Section consolidates sections 10, 11, and 13 of Title 18, U.S.C.,1940 ed. Section 13 of Title 18, U.S.C., 1940 ed., which contained the punishment provisions applicable to sections 10 and 11 of Title 18, U.S.C., 1940 ed., was combined with section 11 of Title 18, U.S.C., 1940 ed., and added to this section. In first paragraph, words "the Government of the United States or the government of any State, Territory, District or possession thereof, or the government of any political subdivision therein" were substituted for "any government in the United States". In second and third paragraphs, word "such" was inserted after "any" and before "government", and words "in the United States" which followed "government" were omitted. In view of these changes, the provisions of subsection (b) of section 10 of Title 18. U.S.C., 1940 ed., which defined the term "government in the United States" were omitted as unnecessary. Reference to conspiracy to commit any of the prohibited acts was omitted as covered by the general conspiracy provision, incorporated in section 371 of this title. (See reviser's note under that section.) Words "upon conviction thereof" which preceded "be fined" were omitted as surplusage. as punishment cannot be imposed until a conviction is secured. The phraseology was considerably changed to effect consolidation but without any change of substance. 80th Congress House Report No. 304. 1962 Amendment. Pub.L. 87-480 defined the terms "organizes" and "organize." Legislative History With the exception of the amendments, the legislative history of this section is the same as that of 18 U.S. Code 43. Judicial Interpretation of this Statute In Dennis v. United States, 341 U.S. 494 (1951), when speaking of this statute the Court said: "Section 2(a)(1) makes it unlawful 'to knowingly or willfully advocate.. or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence . . Section 2(a) (3), 'to organize or help to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow Because of the fact that § 2(a) (2) expressly requires a specific intent to overthrow the Government, and because of the absence of precise language in the foregoing subsections, it is claimed that Congress deliberately omitted any such requirement. We do not agree. It would require a far greater indication of congressional desire that intent not be made an element of the crime than the use of the disjunctive intent not be made an element of the crime than the use of the disjunctive 'knowingly or willfully' in § 2(a) (1), or the omission of exact language in § 2(a) (3). The structure and purpose of the statute demand the inclusion of intent as an element of the crime. Congress was concerned with those who advocate and organize for the overthrow of the Government. Certainly those who recruit and combine for the purpose of advocating overthrow intend to bring about that overthrow. We hold that the statute requires as an essential element of the crime proof of the intent of those who are charged with its violation to overthrow the Government by force and violence" at 499. CHAPTER 117-WHITE SLAVE TRAFFIC § 2421 TRANSPORTATION GENERALLY Whoever knowingly transports in interstate or foreign commerce, or in the District of Columbia or in any Territory or Possession of the United States. any woman or girl for the purpose of prostitution of debauchery, or for any other immoral purpose, or with the intent and purpose to induce, entice, or compel such woman or girl to become a prostitute or to give herself up to debauchery, or to engage in any other immoral practice; or Whoever knowingly procures or obtains any ticket or tickets, or any form of transportation or evidence of the right thereto, to be used by any woman or girl in interstate or foreign commerce, or in the Distirct of Columbia or any Territory or Possession of the United States, in going to any place for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent or purpose on the part of such person to induce, entice, or compel her to give herself up to the practice of prostitution, or to give herself up to debauchery, or any other immoral practices, whereby any such woman or girl shall be transported in interstate or foreign commerce. or in the District of Columbia or any Territory or Possession of the United States Shall be fined not more than $5,000 or imprisoned not more than five years. or both. June 25, 1948, c. 645, 62 Stat. 812; May 24, 1949, c. 139, § 47, 63 Stat. 96. HISTORICAL AND REVISION NOTES Reviser's Note. Based on Title 18, U.S.C., 1940 ed., §§ 397, 398, 401, 404 (June 25, 1910, c. 395, §§ 1, 2, 5, 8, 36 Stat. 825-827). Section consolidates sections 397, 398, 401, and 404 of Title 18, U.S.C., 1940 ed. Section 397 of Title 18, U.S.C., 1940 ed., containing a definition of the terms "interstate commerce" and "foreign commerce" was omitted as unnecessary in view of the definition of those terms in section 10 of this title. Section 401 of Title 18, U.S.C., 1940 ed., prescribing venue was omitted as unnecessary in view of section 3237 of this title. Section 403 of Title 18, U.S.C., 1940 ed., was omitted. No definition of "Territory" is necessary to the revised section as it is phrased. Construction therein of "person" is covered by section 1 of Title 1, U.S.C., 1940 ed., General Provisions, as amended. Last paragraph of said section relating to construction of this chapter was omitted as surplusage. Words "Possession of the United States" were inserted in three places in view of omission of said section 403 of Title 18, U.S.C., 1940 ed., and reference in that section to the Canal Zone is covered by those words. This chapter applies to the Territory of Hawail. (See Sun Chong Lee v. United States, C.C.A.Hawaii 1942, 123 F.2d 95.) Section 404 of Title 18. U.S.C., 1940 ed., containing the short title was omitted as not appropriate in a revision. Reference to persons causing, procuring, aiding or assisting was deleted as unnecessary because such persons are made principals by section 2 of this title. Words "and upon conviction thereof" were also deleted as surplusage since punishment cannot be imposed until a conviction is secured. Words "deemed guilty of a felony" were deleted as unnecessary in view of the def nition of a felony in section 1 of this title. (See reviser's note under section 550 of this title.) Minor changes were also made in translations and phraseology. 80th Congress House Report No. 304. 1949 Amendment. Act May 24, 1949, corrected spelling of "induce". Canal Zone. Applicability of section to Canal Zone, see section 14 of this title. Legislative History. For legislative history and purpose of Act May 24, 1949, see 1949 U.S.Code Cong.Service, p. 1248. Legislative History With the exception of the 1949 amendment the legislative history of this section is the same as that of 18 U.S. Code 43. Judicial Interpretation of this Statute In Reamer v. United States, 318 F. 2nd 43 (8th Cir. 1963), Circuit Judge Blackman, speaking for the Court, said: "We think that, so far as the interstate feature is concerned, consummation of intercourse and its Minnesota or Wisconsin situs are of no ultimate legal significance here. What is significant is the knowing transportation of the girl from St. Paul in Minnesota to Hudson in Wisconsin. If the necessary intent is present and there is knowing interstate transportation, it is im material whether the immoral act took place or whether there was consum- PAUL L. MORGAN, NOVEMBER 22, 1971. We found no relevant annotations for the following sections of Title 18: 481, 482, 483, 484, 488, 489, 490, 492, 493, 496, 497, 498, 499, 500, 501, 502, 598, 599, 600, 601, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 642, 701, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 753, 754, 755, 893, 894, 911, 913, 914, 915, 916, 917, 922, 924, 951, 952, 953, 954, 955, 956, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1021, 1022, 1023, 1263, 1264, 1265, 1302, 1303, 1304, 1306, 1342, 1362, 1363, 1364, 1382, 1383, 1510, 1511, 1541, 1542, 1543, 1544, 1545, 1546, 1581, 1582, 1583, 1584, 1586, 1700, 1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1712, 1713, 1714, 1761, 1762, 1791, 1792, 1821, 1851, 1854, 1855, 1856, 1857, 1858, 1859, 1860, 1922, 1923, 1954, 1955, 1991, 1992, 2031, 2032, 2072, 2073, 2074, 2075, 2076, 2234, 2235, 2236, 2271, 2272, 2273, 2274, 2275, 2276, 2277, 2278, 2279, 2316, CHARLES DOYLE American Law Division. NOVEMBER 22, 1971. |