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USCODE 2011 Title18 PartI Chap101 Sec2076

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Page 457

TITLE 18CRIMES AND CRIMINAL PROCEDURE

2076

HISTORICAL AND REVISION NOTES

AMENDMENTS

Based on title 18, U.S.C., 1940 ed., 215 (Mar. 4, 1909,


ch. 321, 124, 35 Stat. 1111).
Words or any of its agencies were inserted after
United States so as to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of
this title.)
Minor changes were made in phraseology.

1994Pub. L. 103322 substituted fined under this


title for fined not more than $500.

AMENDMENTS
1994Pub. L. 103322 substituted fined under this
title for fined not more than $5,000.

2073. False entries and reports of moneys or securities


Whoever, being an officer, clerk, agent, or
other employee of the United States or any of
its agencies, charged with the duty of keeping
accounts or records of any kind, with intent to
deceive, mislead, injure, or defraud, makes in
any such account or record any false or fictitious entry or record of any matter relating to
or connected with his duties; or
Whoever, being an officer, clerk, agent, or
other employee of the United States or any of
its agencies, charged with the duty of receiving,
holding, or paying over moneys or securities to,
for, or on behalf of the United States, or of receiving or holding in trust for any person any
moneys or securities, with like intent, makes a
false report of such moneys or securities
Shall be fined under this title or imprisoned
not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L.
103322, title XXXIII, 330016(1)(K), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., 189 (Mar. 4, 1911,
ch. 270, 36 Stat. 1355).
Words or any of its agencies were inserted after
United States so as to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of
this title.)
References to persons aiding and abetting were omitted. Such persons are principals under section 2 of this
title.
Minor verbal changes were made.
AMENDMENTS
1994Pub. L. 103322 substituted fined under this
title for fined not more than $5,000 in last par.

2074. False weather reports


Whoever knowingly issues or publishes any
counterfeit weather forecast or warning of
weather conditions falsely representing such
forecast or warning to have been issued or published by the Weather Bureau, United States
Signal Service, or other branch of the Government service, shall be fined under this title or
imprisoned not more than ninety days, or both.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L.
103322, title XXXIII, 330016(1)(G), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., 117 (Mar. 4, 1909,
ch. 321, 61, 35 Stat. 1100).
Minor verbal changes were made.

TRANSFER OF FUNCTIONS
Weather Bureau of Department of Commerce consolidated with Coast and Geodetic Survey to form a new
agency in Department of Commerce to be known as Environmental Science Services Administration by
Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. All functions of Bureau transferred to Secretary of Commerce by the Plan.
Environmental Science Services Administration
abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970,
35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to
Title 5, Government Organization and Employees,
which created National Oceanic and Atmospheric Administration in Department of Commerce. By Department Organization Order 255A, republished 39 F.R.
27486, Secretary of Commerce delegated to NOAA his
functions relating to Weather Bureau. By order of Acting Associate Administrator of NOAA, the organization
name of Weather Bureau was changed to National
Weather Service. For further details, see Codification
note under section 311 of Title 15, Commerce and Trade.

2075. Officer failing to make returns or reports


Every officer who neglects or refuses to make
any return or report which he is required to
make at stated times by any Act of Congress or
regulation of the Department of the Treasury,
other than his accounts, within the time prescribed by such Act or regulation, shall be fined
under this title.
(June 25, 1948, ch. 645, 62 Stat. 796; Pub. L.
107273, div. B, title IV, 4002(d)(1)(C)(ii), Nov. 2,
2002, 116 Stat. 1809.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., 188, (Mar. 4, 1909,
ch. 321, 101, 35 Stat. 1107).
AMENDMENTS
2002Pub. L. 107273 substituted under this title
for not more than $1,000.

2076. Clerk of United States District Court


Whoever, being a clerk of a district court of
the United States, willfully refuses or neglects
to make or forward any report, certificate,
statement, or document as required by law,
shall be fined under this title or imprisoned not
more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 796; Pub. L.
104294, title VI, 601(a)(11), Oct. 11, 1996, 110
Stat. 3498.)
HISTORICAL AND REVISION NOTES
Based on section 522 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Feb. 22, 1875, ch. 95, 6, 18 Stat.
334).
The reference to the offense as a misdemeanor was
omitted as unnecessary in view of the definition of
misdemeanor in section 1 of this title.
The last sentence providing that conviction should
not be a condition precedent to removal from office was
omitted as unnecessary.
Minor changes were made in phraseology.

REFERENCES IN TEXT
The United States Signal Service, referred to in text,
is now the Signal Corps which is a branch of the Army,
see section 3063 of Title 10, Armed Forces.

AMENDMENTS
1996Pub. L. 104294 substituted fined under this
title or imprisoned not more than one year, or both

2101

TITLE 18CRIMES AND CRIMINAL PROCEDURE

for fined not more than $1,000 or imprisoned not more


than one year before period at end.

CHAPTER 102RIOTS
Sec.

2101.
2102.

Riots.
Definitions.
AMENDMENTS

1968Pub. L. 90284, title I, 104(a), Apr. 11, 1968, 82


Stat. 75, added chapter 102 and items 2101 and 2102.

2101. Riots
(a) Whoever travels in interstate or foreign
commerce or uses any facility of interstate or
foreign commerce, including, but not limited to,
the mail, telegraph, telephone, radio, or television, with intent
(1) to incite a riot; or
(2) to organize, promote, encourage, participate in, or carry on a riot; or
(3) to commit any act of violence in furtherance of a riot; or
(4) to aid or abet any person in inciting or
participating in or carrying on a riot or committing any act of violence in furtherance of a
riot;
and who either during the course of any such
travel or use or thereafter performs or attempts
to perform any other overt act for any purpose
specified in subparagraph (A), (B), (C), or (D) of
this paragraph 1
Shall be fined under this title, or imprisoned
not more than five years, or both.
(b) In any prosecution under this section,
proof that a defendant engaged or attempted to
engage in one or more of the overt acts described in subparagraph (A), (B), (C), or (D) of
paragraph (1) of subsection (a) 2 and (1) has traveled in interstate or foreign commerce, or (2)
has use of or used any facility of interstate or
foreign commerce, including but not limited to,
mail, telegraph, telephone, radio, or television,
to communicate with or broadcast to any person
or group of persons prior to such overt acts,
such travel or use shall be admissible proof to
establish that such defendant traveled in or used
such facility of interstate or foreign commerce.
(c) A judgment of conviction or acquittal on
the merits under the laws of any State shall be
a bar to any prosecution hereunder for the same
act or acts.
(d) Whenever, in the opinion of the Attorney
General or of the appropriate officer of the Department of Justice charged by law or under the
instructions of the Attorney General with authority to act, any person shall have violated
this chapter, the Department shall proceed as
speedily as possible with a prosecution of such
person hereunder and with any appeal which
may lie from any decision adverse to the Government resulting from such prosecution.
(e) Nothing contained in this section shall be
construed to make it unlawful for any person to
travel in, or use any facility of, interstate or
foreign commerce for the purpose of pursuing
1 So

in original. Probably should be paragraph (1), (2), (3), or


(4) of this subsection.
2 So in original. Probably should be paragraph (1), (2), (3), or
(4) of subsection (a).

Page 458

the legitimate objectives of organized labor,


through orderly and lawful means.
(f) Nothing in this section shall be construed
as indicating an intent on the part of Congress
to prevent any State, any possession or Commonwealth of the United States, or the District
of Columbia, from exercising jurisdiction over
any offense over which it would have jurisdiction in the absence of this section; nor shall
anything in this section be construed as depriving State and local law enforcement authorities
of responsibility for prosecuting acts that may
be violations of this section and that are violations of State and local law.
(Added Pub. L. 90284, title I, 104(a), Apr. 11,
1968, 82 Stat. 75; amended Pub. L. 99386, title I,
106, Aug. 22, 1986, 100 Stat. 822; Pub. L. 103322,
title XXXIII, 330016(1)(L), Sept. 13, 1994, 108
Stat. 2147; Pub. L. 104294, title VI, 601(f)(15),
Oct. 11, 1996, 110 Stat. 3500.)
AMENDMENTS
1996Subsec. (a). Pub. L. 104294 struck out par. (1)
designation and redesignated subpars. (A) to (D) as
pars. (1) to (4), respectively.
1994Subsec. (a)(1). Pub. L. 103322 substituted fined
under this title for fined not more than $10,000.
1986Subsec. (d). Pub. L. 99386 struck out ; or in
the alternative shall report in writing, to the respective Houses of the Congress, the Departments reason
for not so proceeding after such prosecution.

2102. Definitions
(a) As used in this chapter, the term riot
means a public disturbance involving (1) an act
or acts of violence by one or more persons part
of an assemblage of three or more persons,
which act or acts shall constitute a clear and
present danger of, or shall result in, damage or
injury to the property of any other person or to
the person of any other individual or (2) a threat
or threats of the commission of an act or acts of
violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where
the performance of the threatened act or acts of
violence would constitute a clear and present
danger of, or would result in, damage or injury
to the property of any other person or to the
person of any other individual.
(b) As used in this chapter, the term to incite
a riot, or to organize, promote, encourage,
participate in, or carry on a riot, includes, but
is not limited to, urging or instigating other
persons to riot, but shall not be deemed to mean
the mere oral or written (1) advocacy of ideas or
(2) expression of belief, not involving advocacy
of any act or acts of violence or assertion of the
rightness of, or the right to commit, any such
act or acts.
(Added Pub. L. 90284, title I, 104(a), Apr. 11,
1968, 82 Stat. 76.)
CHAPTER 103ROBBERY AND BURGLARY
Sec.

2111.
2112.
2113.
2114.

Special maritime and territorial jurisdiction.


Personal property of United States.
Bank robbery and incidental crimes.
Mail, money, or other property of United
States.

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