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heading and "Kidnapping" for "Kidnaping" in item 1201, to reflect the probable intent of Congress.

1993-Pub. L. 103-173, §2(c), Dec. 2, 1993, 107 Stat. 1999, added item 1204.

1984 -Pub. L. 98-473, title II, §2002(b), Oct. 12, 1984, 98 Stat. 2186, added item 1203.

1972 Pub. L. 92-539, title II, §202, Oct. 24, 1972, 86 Stat. 1072, substituted "Kidnaping" for "Transportation” in item 1201.

§ 1201. Kidnapping

(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when

(1) the person is willfully transported in interstate or foreign commerce, regardless of whether the person was alive when transported across a State boundary if the person was alive when the transportation began;

(2) any such act against the person is done within the special maritime and territorial jurisdiction of the United States;

(3) any such act against the person is done within the special aircraft jurisdiction of the United States as defined in section 46501 of title 49;

(4) the person is a foreign official, an internationally protected person, or an official guest as those terms are defined in section 1116(b) of this title; or

(5) the person is among those officers and employees described in section 1114 of this title and any such act against the person is done while the person is engaged in, or on account of, the performance of official duties, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.

(b) With respect to subsection (a)(1), above, the failure to release the victim within twentyfour hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported to interstate or foreign commerce. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended.

(c) If two or more persons conspire to violate this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.

(d) Whoever attempts to violate subsection (a) shall be punished by imprisonment for not more than twenty years.

(e) If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the

United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501(2) of title 49. For purposes of this subsection, the term "national of the United States" has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(f) In the course of enforcement of subsection (a)(4) and any other sections prohibiting a conspiracy or attempt to violate subsection (a)(4), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

(g) SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING CHILDREN.—

(1) TO WHOM APPLICABLE.—If—

(A) the victim of an offense under this section has not attained the age of eighteen years; and

(B) the offender

(i) has attained such age; and

(ii) is not

(I) a parent;

(II) a grandparent;

(III) a brother:

(IV) a sister;

(V) an aunt;

(VI) an uncle; or

(VII) an individual having legal custody of the victim;

the sentence under this section for such offense shall be subject to paragraph (2) of this subsection.

(2) GUIDELINES.-The United States Sentencing Commission is directed to amend the existing guidelines for the offense of "kidnapping, abduction, or unlawful restraint," by including the following additional specific offense characteristics: If the victim was intentionally maltreated (i.e., denied either food or medical care) to a life-threatening degree, increase by 4 levels; if the victim was sexually exploited (i.e., abused, used involuntarily for pornographic purposes) increase by 3 levels; if the victim was placed in the care or custody of another person who does not have a legal right to such care or custody of the child either in exchange for money or other consideration, increase by 3 levels; if the defendant allowed the child to be subjected to any of the conduct specified in this section by another person, then increase by 2 levels.

(h) As used in this section, the term "parent" does not include a person whose parental rights with respect to the victim of an offense under this section have been terminated by a final court order.

(June 25, 1948, ch. 645, 62 Stat. 760; Aug. 6, 1956, ch. 971, 70 Stat. 1043; Pub. L. 92-539, title II, §201, Oct. 24, 1972, 86 Stat. 1072; Pub. L. 94-467, §4, Oct. 8, 1976, 90 Stat. 1998; Pub. L. 95-163, §17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95-504, §2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 98-473, title II, §1007, Oct. 12, 1984, 98 Stat. 2139; Pub. L. 99-646, §§ 36, 37(b), Nov. 10, 1986, 100 Stat. 3599; Pub. L. 101-647, title IV, § 401, title XXXV, §3538, Nov. 29, 1990, 104 Stat. 4819, 4925; Pub. L. 103-272, §5(e)(2), (8), July 5, 1994, 108 Stat. 1373, 1374; Pub. L.

103-322, title VI, §60003(a)(6), title XXXII, §§ 320903(b), 320924, title XXXIII, §330021, Sept. 13, 1994, 108 Stat. 1969, 2124, 2131, 2150; Pub. L. 104-132, title VII, §721(f), Apr. 24, 1996, 110 Stat. 1299; Pub. L. 105-314, title VII, §702, Oct. 30, 1998, 112 Stat. 2987.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., §§ 408a, 408c (June 22, 1932, ch. 271, §§ 1, 3, 47 Stat. 326; May 18, 1934, ch. 301, 48 Stat. 781, 782).

Section consolidates sections 408a and 408c of title 18 U.S.C., 1940 ed.

Reference to persons aiding, abetting or causing was omitted as unnecessary because such persons are made principals by section 22 of this title.

Words "upon conviction" were omitted as surplusage, because punishment cannot be imposed until a conviction is secured.

Direction as to confinement "in the penitentiary" was omitted because of section 4082 of this title which commits all prisoners to the custody of the Attorney General. (See reviser's note under section 1 of this title.)

The phrase "for any term of years or for life" was substituted for the words "for such term of years as the court in its discretion shall determine" which appeared in said section 408a of Title 18, U.S.C., 1940 ed. This change was made in order to remove all doubt as to whether "term of years" includes life imprisonment. Minor changes were made in phraseology.

AMENDMENTS

1998 Subsec. (a)(1). Pub. L. 105-314, §702(a), inserted ", regardless of whether the person was alive when transported across a State boundary if the person was alive when the transportation began" before semicolon at end.

Subsec. (a)(5). Pub. L. 105-314, §702(b), substituted "described" for "designated".

Subsec. (b). Pub. L. 105-314, §702(c), inserted at end "Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended."

1996 Subsec. (e). Pub. L. 104-132 substituted "If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States." for "If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender." and inserted at end "For purposes of this subsection, the term 'national of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”

1994-Pub. L. 103-322, $330021(1), which directed the amendment of this title "by striking 'kidnaping' each place it appears and inserting 'kidnapping'", was executed by substituting "Kidnapping" for "Kidnaping" as section catchline, to reflect the probable intent of Congress.

Subsec. (a). Pub. L. 103-322, § 60003(a)(6), in concluding provisions, inserted "and, if the death of any person results, shall be punished by death or life imprisonment" after "or for life".

Subsec. (a)(3). Pub. L. 103-272, §5(e)(8), substituted "section 46501 of title 49" for "section 101(38) of the Federal Aviation Act of 1958".

Subsec. (b). Pub. L. 103-322, §330021(2), substituted "kidnapped" for "kidnaped".

Subsec. (d). Pub. L. 103-322, §320903(b), substituted "(a)" for "(a)(4) or (a)(5)".

Subsec. (e). Pub. L. 103-272, §5(e)(2), substituted "section 46501(2) of title 49" for "section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))".

Subsec. (h). Pub. L. 103-322, §320924, added subsec. (h). 1990 Subsec. (a)(3). Pub. L. 101-647, § 3538, substituted "101(38)" for "101(36)" and struck out ", as amended (49 U.S.C. 1301(36))" after "Federal Aviation Act of 1958". Subsec. (g). Pub. L. 101-647, § 401, added subsec. (g). 1986 Subsec. (a). Pub. L. 99-646, $36, substituted "when" for "when:" in introductory text, substituted "the person" for "The person" and "official duties" for "his official duties" in par. (5), and aligned the margin of par. (5) with the margins of pars. (1) to (4).

Subsec. (d). Pub. L. 99-646, §37(b), inserted "or (a)(5)” after "subsection (a)(4)”.

1984 Subsec. (a)(5). Pub. L. 98-473 added par. (5). 1978-Subsec. (a)(3). Pub. L. 95-504 substituted reference to section 101(36) of the Federal Aviation Act of 1958 for reference to section 101(33) of such Act. See References in Text note above.

Subsec. (e). Pub. L. 95-504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for section 101(35) of such Act.

1977-Subsec. (a)(3). Pub. L. 95-163 substituted reference to section 101(33) of the Federal Aviation Act of 1958 for reference to section 101(32) of such Act. See References in Text note above.

Subsec. (e). Pub. L. 95-163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act.

1976-Subsec. (a)(4). Pub. L. 94-467, §4(a), substituted provision which includes acts committed against an internationally protected person and an official guest as defined in section 1116(b) of this title for provision which included acts committed against an official guest as defined in section 1116(c) of this title.

Subsecs. (d) to (f). Pub. L. 94-467, § 4(b), added subsecs. (d) to (f).

1972 Subsec. (a). Pub. L. 92-539 substituted "Kidnaping" for "Transportation" in section catchline and, in subsec. (a), extended the jurisdictional base to include acts committed within the special maritime, territorial, and aircraft jurisdiction of the United States, and to include acts committed against foreign officials and official guests, and struck out provisions relating to death penalty.

Subsec. (b). Pub. L. 92-539 inserted reference to subsec. (a)(1).

Subsec. (c). Pub. L. 92-539 substituted "by imprisonment for any term of years or for life" for "as provided in subsection (a)”. 1956 Subsec. (b). Act Aug. 6, 1956, substituted "twenty-four hours" for "seven days".

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-173, §1, Dec. 2, 1993, 107 Stat. 1998, provided that: "This Act [enacting section 1204 of this title and provisions set out as a note under section 1204 of this title] may be cited as the 'International Parental Kidnapping Crime Act of 1993'."

SHORT TITLE OF 1984 AMENDMENT

Section 2001 of part A (§§ 2001-2003) of chapter XX of title II of Pub. L. 98-473 provided that: "This part [enacting section 1203 of this title and provisions set out as a note under section 1203 of this title] may be cited as the 'Act for the Prevention and Punishment of the Crime of Hostage-Taking'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11, 115, 878, 1202, 1956, 2333, 3486, 3592, 4042 of this title.

§ 1202. Ransom money

(a) Whoever receives, possesses, or disposes of any money or other property, or any portion

thereof, which has at any time been delivered as ransom or reward in connection with a violation of section 1201 of this title, knowing the same to be money or property which has been at any time delivered as such ransom or reward, shall be fined under this title or imprisoned not more than ten years, or both.

(b) A person who transports, transmits, or transfers in interstate or foreign commerce any proceeds of a kidnapping punishable under State law by imprisonment for more than 1 year, or receives, possesses, conceals, or disposes of any such proceeds after they have crossed a State or United States boundary, knowing the proceeds to have been unlawfully obtained, shall be imprisoned not more than 10 years, fined under this title, or both.

(c) For purposes of this section, the term "State" has the meaning set forth in section 245(d) of this title.

(June 25, 1948, ch. 645, 62 Stat. 760; Pub. L. 103-322, title XXXII, §320601(b), title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2115, 2147.) HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., §408c-1 (June 22, 1932, ch. 271, §4, as added Jan. 24, 1936, ch. 29, 49 Stat. 1099).

Words "in the penitentiary" after "imprisoned" were omitted in view of section 4082 of this title committing prisoners to the custody of the Attorney General. (See reviser's note under section 1 of this title.) Minor changes were made in phraseology.

AMENDMENTS

1994-Pub. L. 103-322, §320601(b), designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Subsec. (a). Pub. L. 103–322, § 330016(1)(L), substituted "fined under this title" for "fined not more than $10,000".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 8 section 1101.

§ 1203. Hostage taking

(a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment. (b)(1) It is not an offense under this section if the conduct required for the offense occurred outside the United States unless

(A) the offender or the person seized or detained is a national of the United States;

(B) the offender is found in the United States; or

(C) the governmental organization sought to be compelled is the Government of the United States.

(2) It is not an offense under this section if the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of

the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States.

(c) As used in this section, the term "national of the United States" has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). (Added Pub. L. 98-473, title II, §2002(a), Oct. 12, 1984, 98 Stat. 2186; amended Pub. L. 100-690, title VII, §7028, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 103-322, title VI, § 60003(a)(10), Sept. 13, 1994, 108 Stat. 1969; Pub. L. 104-132, title VII, §723(a)(1), Apr. 24, 1996, 110 Stat. 1300.)

AMENDMENTS

1996 Subsec. (a). Pub. L. 104-132 inserted "or conspires" after "attempts".

1994 Subsec. (a). Pub. L. 103-322 inserted before period at end "and, if the death of any person results, shall be punished by death or life imprisonment". 1988-Subsec. (c). Pub. L. 100-690 substituted "(c) As” for "(C) As".

EFFECTIVE DATE

Section 2003 of part A (§§ 2001-2003) of chapter XX of title II of Pub. L. 98-473 provided that: "This part and the amendments made by this part [enacting this section and provisions set out as a note under section 1201 of this title] shall take effect on the later of—

"(1) the date of the enactment of this joint resolution [Oct. 12, 1984]; or

"(2) the date the International Convention Against the Taking of Hostages has come into force and the United States has become a party to that convention [the convention entered into force June 6, 1983; and entered into force for the United States Jan. 6, 1985]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1956, 2332b, 2333, 2339A, 2516, 3286, 3592 of this title.

§ 1204. International parental kidnapping

(a) Whoever removes a child from the United States or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both.

(b) As used in this section

(1) the term "child" means a person who has not attained the age of 16 years; and

(2) the term "parental rights", with respect to a child, means the right to physical custody of the child

(A) whether joint or sole (and includes visiting rights); and

(B) whether arising by operation of law, court order, or legally binding agreement of the parties.

(c) It shall be an affirmative defense under this section that

(1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense;

(2) the defendant was fleeing an incidence or pattern of domestic violence:

(3) the defendant had physical custody of the child pursuant to a court order granting legal

custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.

(d) This section does not detract from The Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The Hague on October 25, 1980.

(Added Pub. L. 103-173, §2(a), Dec. 2, 1993, 107 Stat. 1998.)

SENSE OF CONGRESS REGARDING USE OF PROCEDURES UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL PARENTAL CHILD ABDUCTION

Section 2(b) of Pub. L. 103-173 provided that: "It is the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention on the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures, in circumstances in which they are applicable, should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent."

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§ 1231. Transportation of strikebreakers

Whoever willfully transports in interstate or foreign commerce any person who is employed or is to be employed for the purpose of obstructing or interfering by force or threats with (1) peaceful picketing by employees during any labor controversy affecting wages, hours, or conditions of labor, or (2) the exercise by employees of any of the rights of self-organization or collective bargaining; or

Whoever is knowingly transported or travels in interstate or foreign commerce for any of the purposes enumerated in this section

Shall be fined under this title or imprisoned not more than two years, or both.

This section shall not apply to common carriers.

(June 25, 1948, ch. 645, 62 Stat. 760; May 24, 1949, ch. 139, §30, 63 Stat. 94; Pub. L. 103-322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

HISTORICAL AND REVISION NOTES
1948 ACT

Based on title 18, U.S.C., 1940 ed., §407a (June 24, 1936, ch. 746, 49 Stat. 1899; June 29, 1938, ch. 813, 52 Stat. 1242). Language designating offense as felony was omitted in uniformity with definitive section 1 of this title. (See reviser's note under section 550 of this title.)

Words "and shall, upon conviction" were omitted as surplusage since punishment cannot be imposed until a conviction is secured.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3615 of this title.

§ 1261. Enforcement, regulations, and scope

(a) The Secretary of the Treasury shall enforce the provisions of this chapter. Regulations to carry out its provisions shall be prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury.

(b) This chapter shall not apply to the Canal Zone.

(June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, §31, 63 Stat. 94.)

HISTORICAL AND REVISION NOTES
1948 ACT

Based on sections 222, 223(b), 225 and 226 of title 27,
U.S.C., 1940 ed., Intoxicating Liquors (June 25, 1936, ch.
815, §§5, 10, 49 Stat. 1929, 1930).
Changes were made in phraseology and arrangement.

1949 ACT

This section [section 31] corrects a typographical error in section 1261 of title 18, U.S.C.

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Inter

course.

AMENDMENTS

1949 Subsec. (b). Act May 24, 1949, substituted subsection designation “(b)” for “(d)”.

TRANSFER OF FUNCTIONS

Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Em

ployees. Commissioner of Internal Revenue, referred to in this section, is an officer of Department of the Treasury.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3667 of this title. § 1262. Transportation into State prohibiting sale Whoever imports, brings, or transports any intoxicating liquor into any State, Territory, District, or Possession in which all sales, except for scientific, sacramental, medicinal, or mechanical purposes, of intoxicating liquor containing more than 4 per centum of alcohol by volume or 3.2 per centum of alcohol by weight are prohibited, otherwise than in the course of continuous interstate transportation through such State, Territory, District, or Possession or attempts so to do, or assists in so doing,

Shall (1) If such liquor is not accompanied by such permits, or licenses therefor as may be required by the laws of such State, Territory, District, or Possession or (2) if all importation, bringing, or transportation of intoxicating liquor into such State, Territory, District, or Possession is prohibited by the laws thereof, be fined under this title or imprisoned not more than one year, or both.

In the enforcement of this section, the definition of intoxicating liquor contained in the laws of the respective States, Territories, Districts, or Possessions shall be applied, but only to the extent that sales of such intoxicating liquor (except for scientific, sacramental, medicinal, and mechanical purposes) are prohibited therein. (June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, § 32, 63 Stat. 94; Pub. L. 101-647, title XXXV, § 3540, Nov. 29, 1990, 104 Stat. 4925; Pub. L. 103-322, title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

HISTORICAL AND REVISION NOTES
1948 ACT

Based on sections 222, 223 of title 27, U.S.C., 1940 ed., Intoxicating Liquors (June 25, 1936, ch. 815, §§ 2, 3, 49 Stat. 1928).

Section consolidates subsection (a) of section 222 with section 223, of title 27, U.S.C., 1940 ed.

Words "or 3.2 per centum of alcohol by weight" were inserted after "volume." Such words conform with Flippin v. U.S. (1941, 121 F. 2d 742, 744, certiorari denied, 62 S. Ct. 184, 314 U.S. 677, 86 L. Ed. 542); Robason v. U.S. (1941, 122 F. 2d 991); Dolloff v. U.S. (1941, 121 F. 2d 157, certiorari denied, 62 S. Ct. 108, 314 U.S. 626, 86 L. Ed. 503, rehearing denied, 62 S. Ct. 178, 314 U.S. 710, 86 L. Ed. 566); and Tucker v. U.S. (1941, 123 F. 2d 280).

Those cases overruled Arnold v. U.S. (1940, 115 F. 2d 523) and Gregg v. U.S. (1940, 116 F. 2d 609) and established that preservation of the congressional intent which requires addition of the inserted language.

Subsection (b) of section 223 of title 27, U.S.C., 1940 ed., has been reworded to apply the definition of intoxicating liquor contained in the laws of the respective States to this section only, in accordance with administrative interpretation. Said section 223 was derived from section 3 of the Liquor Enforcement Act of 1936 (Act June 25, 1936, ch. 815, 49 Stat. 1928), which was enacted for the protection of dry States. As originally enacted, its provisions relating to such definition also embraced the interstate commerce liquor laws from which sections 1263-1265 of this title were derived. In the enforcement of the latter, however, their own definitions have been applied and not the definitions of the States into which or through which the liquor was shipped.

Words "Territory, District, or Possession" were inserted after "State", to conform with the definition of "State" given in said section 222 of title 27, U.S.C., 1940 ed. Such section, including subsection (b) thereof, is also incorporated in section 3615 of this title.

Words "be guilty of a misdemeanor and shall" were omitted in view of definitive section 1 of this title. Minor changes were made throughout in arrangement and phraseology.

1949 ACT

This section [section 32] corrects a typographical error in section 1262 of title 18, U.S.C.

AMENDMENTS

1994 Pub. L. 103-322 substituted "fined under this title" for "fined not more than $1,000" in second par. 1990-Pub. L. 101-647 substituted "State" for "state" in section catchline.

1949-Act May 24, 1949, substituted "Districts" for "District" in last par.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3667 of this title. § 1263. Marks and labels on packages

Whoever knowingly ships into any place within the United States any package containing any spirituous, vinous, malted, or other fermented liquor, or any compound containing any spirituous, vinous, malted, or other fermented liquor fit for use for beverage purposes, unless such shipment is accompanied by copy of a bill of lading, or other document showing the name of the consignee, the nature of its contents, and the quantity contained therein, shall be fined under this title or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 761; Pub. L. 90-518, §1, Sept. 26, 1968, 82 Stat. 872; Pub. L. 103-322, title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 390 (Mar. 4, 1909, ch. 321, §240, 35 Stat. 1137; June 25, 1936, ch. 815, §8, 49 Stat. 1930.)

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

References to Territory, District, etc., were revised and same changes made as in section 1264 of this title. The provision that "such liquor shall be forfeited to the United States" was omitted as covered by section 3615 of this title, which was derived from section 224 of title 27, U.S.C., 1940 ed., Intoxicating Liquors.

The provision that such liquor "may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law" was likewise omitted as covered by section 3615 of this title, which provides for seizure and forfeiture under the internal revenue laws rather than under provisions of law "for the seizure and forfeiture of property imported into the United States contrary to law" or, in other words, rather than under the customs laws. Section 224 of title 27, U.S.C., 1940 ed., Intoxicating Liquors, on which said section 3615 of this title is based, was derived from the Liquor Enforcement Act of 1936 (Act June 25, 1936, ch. 815, 49 Stat. 1928). Said section 224 included, in its coverage, section 390 of title 18, U.S.C., 1940 ed., on which this revised section is based, even though the Liquor Enforcement Act of 1936, in another section thereof, in amending said section 390, retained the provision that seizures and forfeitures thereunder should be under the customs laws. By eliminating this conflicting provi

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