Page images
PDF
EPUB

1221-18. Savings clause for State and local officers and employees.Nothing in the second sentence of section 12 (a) of this Act shall be construed to prevent or prohibit any officer or employee of a State or local agency (as defined in section 12 (f) from continuing, until the election in connection with which he was nominated, to be a bona fide candidate for election to any public office and from engaging in any political activity in furtherance of his candidacy for such public office, if (1) he was nominated before the date of the enactment of this Act, and (2) upon his election to such public office he resigns from the office or employment in which he was employed prior to his election, in a State or local agency (as defined in section 12 (f)). (Aug. 2, 1939, 53 Stat. 1147; sec. 17, as added by act of July 19, 1940, sec. 4, 54 Stat. 767.)

1221-19. Permissible activity.Nothing in the second sentence of section 9 (a) or in the second sentence of section 12 (a) of this Act shall be construed to prevent or prohibit any person subject to the provisions of this Act from engaging in any political activity (1) in connection with any election and the preceding campaign if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected, or (2) in connection with any question which is not specifically identified with any National or State political party. For the purposes of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, shall not be deemed to be specifically identified with any National or State political party. (Aug. 2, 1939, 53 Stat. 1147; sec. 18, as added by act of July 19, 1940, sec. 4, 54 Stat. 767.)

1221–20. Definition of State. As used in this Act, the term "State" means any State, Territory, or possession of the United States. (Aug. 2, 1939, 53 Stat. 1147; sec. 19, as added by act of July 19, 1910, sec. 4, 54 Stat. 767.)

1221-21. Limitation on contributions and expenditures of political committee.-No political committee shall receive contributions aggregating more than $3,000,000, or make expenditures aggregating more than $3,000,000, during any calendar year. For the purposes of this section, any contributions received and any expenditures made on behalf of any political committee with the knowledge and consent of the chairman or treasurer of such committee shall be deemed to be received or made by such committee. Any violation of this section by any political committee shall be deemed also to be a violation of this section by the chairman and the treasurer of such committee and by any other person responsible for such violation. Terms used in this section shall have the meaning assigned to them in section 302 of the Federal Corrupt Practices Act, 1925, and the penalties provided in such Act shall apply to violations of this section. (Aug. 2, 1939, 53 Stat. 1147; sec. 20, as added by act of July 19, 1940, sec. 6, 54 Stat. 772.)

[ocr errors]

OFFENSES AGAINST OPERATIONS OF GOVERNMENT

[ocr errors]

1226a. Falsely pretending to be United States Officer.—Whoever, with intent to defraud either the United States or any person, shall falsely assume or pretend to be an officer or employee acting under the authority of the United States, or any department, or any officer of the Government thereof, or under the authority of any corporation owned or controlled by the United States, and shall take upon himself to act as such, or shall in such pretended character demand or obtain from any person or from the United States, or any department, or any officer of the Government thereof, or any corporation owned or controlled by the United States, any money, paper, document, or other valuable thing, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (Mar. 4, 1909, sec. 32, 35 Stat. 1095; Feb. 28, 1938, 52 Stat. 83, 18 U. S. C., sec. 76.)

1227. Prohibition of reproduction of official badges, identification cards, and other insignia.—That hereafter the manufacture, sale, or possession of any badge, identification card, or other insignia, of the design prescribed by the head of any department or independent office of the United States for use by any officer or subordinate thereof, or of any colorable imitation thereof, or the photographing, printing, or in any other manner making or executing any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or of any colorạble imitation thereof, is prohibited, except when and as authorized under such regulations as may be prescribed by the head of the department or independent office of which such insignia indicates the wearer is an officer or subordinate. (June 29, 1932, 47 Stat. 342; as amended May 22, 1939, 53 Stat. 752; 18 U. S. C., sec. 76a.)

1231. To amend section 35 of the Criminal Code, as amended, relating to purloining, stealing, or injuring property of the United States.-(A) Whoever shall make or cause to be made or present or cause to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, any claim upon or against the Government of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stockholder, knowing such claim to be false, fictitious, or fraudulent; or whoever shall knowingly or willfully falisify or conceal or cover up by any trick, scheme, or device a material fact, or make or cause to be made any false or fraudulent statements or representations, or make or use or cause to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry in any matter within the jurisdiction of any department or agency of the United States or of any corporation in which the United States of America is a stockholder; or whoever shall enter into any agreement, combination, or conspiracy to defraud the Government of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stockholder, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim; and whoever, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, with intent to defraud the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, or willfully to conceal such money or other

[ocr errors]

a

a

property, shall deliver or cause to be delivered to any person having authority to receive the same any amount of such money or other property less than that for which he received a certificate or took a receipt; or whoever, being authorized to make or deliver

any

certifi. cate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, shall make or deliver the same to any other person without a full knowledge of the truth of the facts stated therein and with intent to defraud the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, shall be fined not more than $10,000 or imprisoned not more than ten years,

Penalties.—(C) And whoever shall take and carry away or take for his use, or for the use of another, with intent to steal or purloin, or shall willfully injure or commit any depredation against, any property of the United States, or any branch or department thereof, or any corporation in which the United States of America is a stockholder, or any property which has been or is being made, manufactured, or constructed under contract for the War or Navy Departments of the United States, shall be punished as follows: If the value of such property exceeds the sum of $50, by a fine of not more than $10,000 or imprisonment for not more than ten years, or both; if the value of such property does not exceed the sum of $50, by a fine of not more than $1,000 or by imprisonment in a jail for not more than one year, or both. Value, as used in this section, shall mean market value or cost price, either wholesale or retail, whichever shall be the greater. (May 30, 1908, 35 Stat. 555; Mar. 4, 1909, sec. 35, 35 Stat. 1095; Oct. 23, 1918, 40 Stat. 1015; June 18, 1934, 48 Stat. 996; Apr. 4, 1938, 52 Stat. 197; 18 U. S. C., secs. 80 note, 82 and 83 to 86 notes.)

1254. Hunting or taking eggs on bird breeding grounds.—[Functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of Interior by Reorganization Plan No. II, sec. 4 (f) effective July 1, 1939, set out in paragraph 115–31 of this volume.] (June 28, 1906, 34 Stat. 537; Mar. 4, 1909, sec. 84, 35 Stat. 1104; Apr. 15, 1924, 43 Stat. 98; 18 U. S.C., sec. 145 note.)

1260–1. Falsely pretending to be member or agent of 4-H clubs; fraudulent use of insignia or emblems. That it shall be unlawful for any person falsely and with intent to defraud to hold himself out as or represent or pretend himself to be a member of, associated with, or an agent or representative for the 4-H clubs, an organization established by the Extension Service of the United States Department of Agriculture and the land grant colleges, for any purpose whatsoever; or for any person with intent to defraud to wear or display the sign or emblem of said 4-H clubs or any insignia in colorable imitation thereof for the purpose of inducing the belief that he is a member of, associated with, or an agent or representative for said 4-H clubs. It shall be unlawful for any person other than said 4-H clubs and those duly authorized by them, the representatives of the United States Department of Agriculture, the land grant colleges, and persons authorized by the Secretary of Agriculture, to use within the territory of the United States of America and its exterior possessions, for the purpose of trade or as an advertisement to induce the sale of any article whatsoever or for any business or charitable purpose, the recognized emblem of said 4-8 clubs, consisting of a green four-leaf clover with stem and the letter H in white or gold on each leaflet, or any sign, insignia, or symbol in colorable imitation thereof, or the words "4H Club” or 4-H Clubs” or any combination of these or other words or characters in colorable imitation thereof. If any person violates any provision of this Act, he shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $300 or imprisoned not more than six months, or both, for each and every offense. (June 5, 1939, sec. 1, 53 Stat. 809; 18 U. S. C., sec. 76c.)

1260–2. Same; "person” defined.—The term “person” includes individuals partnerships, corporations, and associations. (June 5, 1939, sec. 2, 53 Stat. 809; 18 U. S.C., sec. 76d.)

1260-3. Impersonating officer, agent, or employee of the United States and making arrest or search.-Any officer, agent, or employee of the United States engaged in the enforcement of any law of the United States who shall search any private dwelling used and occupied as such dwelling without a warrant directing such search, or who, while engaged in such enforcement, shall without a search warrant maliciously and without reasonable cause search any other building or property, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for a first offense not more than $1,000, and for a subsequent offense not more than $1,000, or imprisoned not more than one year, or both such fine and imprisonment: Provided, That nothing herein contained shall apply to any officer, agent, or employee of the United States serving a warrant of arrest, or arresting or attempting to arrest any person committing or attempting to commit an offense in the presence of such officer, agent, or employee, or who has committed, or who is suspected on reasonable grounds of having committed, a felony.

Whoever not being an officer, agent, or employee of the United States shall falsely represent himself to be such officer, agent, or employee, and in such assumed character shall arrest or detain any person or shall in any manner search the person, buildings, or other property of any person, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not m than $1,000 or imprisoned for not more than one year, or by both such fine and imprisonment. (Aug. 27, 1935, Title II, sec. 201, 49 Stat. 877; 18 U. S. C., sec. 77a.)

OFFENSES AGAINST PUBLIC JUSTICE

1299-1. Killing Federal officer; penalty.—That whoever shall kill, as defined in sections 273 and 274 of the Criminal Code, any United States Marshal or deputy of the United States marshal or person employed to assist a United States marshal or deputy United States marshal, any officer or employee of the Federal Bureau of Investigation of the Department of Justice, post-office inspector, Secret Service operative, any officer or enlisted man of the Coast Guard, any employee of any United States penal or correctional institution, any officer, employee, agent, or other person in the service of the customs or of the internal revenue, any immigrant inspector or any immigration patrol inspector, any officer or employee of the Department of Agriculture or of the Department of the Interior designated by the Secretary of Agriculture or the Secretary of the Interior to enforce any Act of Congress for the protection, preservation, or restoration of game and other wild birds and animals, any officer or employee of the National Park Service, any officer or employee of, or assigned to duty in, the field service of the Division of Grazing of the Department of the Interior, or any officer or employee of the Indian field service of the United States, while engaged in the performance of his official duties, or on account of the performance of his official duties, shall be punished as provided under section 275 of the Criminal Code. (May 18, 1934, 48 Stat. 780, as amended Feb. 8, 1936, 49 Stat. 1105; June 26, 1936, Title V, sec. 3, 49 Stat. 1940; June 13, 1940, 54 Stat. 391; 18 U. S. C., sec. 253.)

OFFENSES AGAINST FOREIGN AND INTERSTATE COMMERCE

1303. Importing injurious birds and animals; permits for foreign wild animals; specimens for museums.--[Functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of Interior by Reorganization Plan No. II, sec. 4(f) effective July 1, 1939, set out in paragraph 115–31 of this volume.] (Mar. 4, 1909, sec. 241, 35 Stat. 1137; 18 U.S.C., sec. 391 note.)

1307. Arrests and execution of search warrants; forfeiture of animals or birds unlawfully possessed.—[Functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of Interior by Reorganization Plan No. II, sec. 4(f) effective July 1, 1939, set out in paragraph 115–31 of this volume.] (June 15, 1935, sec. 202, Title II, sec. 202, 49 Stat. 391; 18 U.S. C., sec. 393a note.)

JUVENILE DELINQUENCY 1312-1. Juvenile delinquents; definition.—That for the purposes of this Act a “juvenile” is a person seventeen years of age or under, "juvenile delinquency” is an offense against the laws of the United States committed by a juvenile and not punishable by death or life imprisonment. (June 16, 1938, sec. 1, 52 Stat. 764; 18 U. S. C., sec. 921.)

1312-2. Prosecution as juvenile delinquent; consent of accused.-Whenever any juvenile is charged with the commission of any offense against the laws of the United States, other than an offense punishable by death or life imprisonment, and such juvenile is not surrendered to the authorities of any State, pursuant to the provisions of the Act of June 11, 1932 (47 Stat. 301; U. S. C., title 18, sec. 662a), he shall be prosecuted as a juvenile delinquent if the Attorney General in his discretion so directs and the accused consents to such procedure. In such event such person shall be prosecuted by information on the charge of juvenile delinquency, and no prosecution shall be instituted for the specific offense alleged to have been committed by him. The said consent required to be given by such juvenile shall be given by him in writing before a judge of the

« PreviousContinue »