-CITE-
    18 USC CHAPTER 113 - STOLEN PROPERTY                        01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
                       CHAPTER 113 - STOLEN PROPERTY                   

-MISC1-
    Sec.                                                     
    2311.       Definitions.                                          
    2312.       Transportation of stolen vehicles.                    
    2313.       Sale or receipt of stolen vehicles.                   
    2314.       Transportation of stolen goods, securities, moneys,
                 fraudulent State tax stamps, or articles used in
                 counterfeiting.                                      
    2315.       Sale or receipt of stolen goods, securities, moneys,
                 or fraudulent State tax stamps.                      
    2316.       Transportation of livestock.                          
    2317.       Sale or receipt of livestock.                         
    2318.       Trafficking in counterfeit labels, illicit labels, or
                 counterfeit documentation or packaging.              
    2319.       Criminal infringement of a copyright.                 
    2319A.      Unauthorized fixation of and trafficking in sound
                 recordings and music videos of live musical
                 performances.                                        
    2319B.      Unauthorized recording of motion pictures in a motion
                 picture exhibition facility.(!1)                      
    2320.       Trafficking in counterfeit goods or services.         
    2321.       Trafficking in certain motor vehicles or motor vehicle
                 parts.                                               
    2322.       Chop shops.                                           

                                AMENDMENTS                            
      2005 - Pub. L. 109-9, title I, Sec. 102(b), Apr. 27, 2005, 119
    Stat. 220, added item 2319B.
      2004 - Pub. L. 108-482, title I, Sec. 102(c), Dec. 23, 2004, 118
    Stat. 3915, substituted "Trafficking in counterfeit labels, illicit
    labels, or counterfeit documentation or packaging" for "Trafficking
    in counterfeit labels for phonorecords, copies of computer programs
    or computer program documentation or packaging, and copies of
    motion pictures or other audio visual works, and trafficking in
    counterfeit computer program documentation or packaging" in item
    2318.
      1996 - Pub. L. 104-153, Sec. 4(b)(2), July 2, 1996, 110 Stat.
    1387, substituted "Trafficking in counterfeit labels for
    phonorecords, copies of computer programs or computer program
    documentation or packaging, and copies of motion pictures or other
    audio visual works, and trafficking in counterfeit computer program
    documentation or packaging" for "Trafficking in counterfeit labels
    for phonorecords and copies of motion pictures or other audiovisual
    works" in item 2318.
      1994 - Pub. L. 103-465, title V, Sec. 513(b), Dec. 8, 1994, 108
    Stat. 4976, added item 2319A.
      1992 - Pub. L. 102-519, title I, Sec. 105(b), Oct. 25, 1992, 106
    Stat. 3386, added item 2322.
      1986 - Pub. L. 99-646, Sec. 42(b), Nov. 10, 1986, 100 Stat. 3601,
    renumbered item 2320 relating to trafficking in certain motor
    vehicles or motor vehicle parts as item 2321.
      1984 - Pub. L. 98-547, title II, Sec. 204(b), Oct. 25, 1984, 98
    Stat. 2770, added item 2320 relating to trafficking in certain
    motor vehicles or motor vehicle parts.
      Pub. L. 98-473, title II, Secs. 1115, 1502(b), Oct. 12, 1984, 98
    Stat. 2149, 2179, substituted "livestock" for "cattle" in items
    2316 and 2317 and added item 2320 relating to trafficking in
    counterfeit goods or services.
      1982 - Pub. L. 97-180, Sec. 4, May 24, 1982, 96 Stat. 92,
    substituted "Trafficking in counterfeit labels for phonorecords and
    copies of motion pictures or other audiovisual works" for
    "Transportation, sale, or receipt of phonograph records bearing
    forged or counterfeit labels" in item 2318 and added item 2319.
      1962 - Pub. L. 87-773, Sec. 2, Oct. 9, 1962, 76 Stat. 775, added
    item 2318.
      1961 - Pub. L. 87-371, Sec. 4, Oct. 4, 1961, 75 Stat. 802,
    inserted "fraudulent State tax stamps," in item 2314, and
    substituted "moneys, or fraudulent State tax stamps" for "or
    monies" in item 2315.

-FOOTNOTE-
    (!1) So in original. Does not conform to section catchline.

-End-

-CITE-
    18 USC Sec. 2311                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2311. Definitions

-STATUTE-
      As used in this chapter:
      "Aircraft" means any contrivance now known or hereafter invented,
    used, or designed for navigation of or for flight in the air;
      "Cattle" means one or more bulls, steers, oxen, cows, heifers, or
    calves, or the carcass or carcasses thereof;
      "Livestock" means any domestic animals raised for home use,
    consumption, or profit, such as horses, pigs, llamas, goats, fowl,
    sheep, buffalo, and cattle, or the carcasses thereof;
      "Money" means the legal tender of the United States or of any
    foreign country, or any counterfeit thereof;
      "Motor vehicle" includes an automobile, automobile truck,
    automobile wagon, motorcycle, or any other self-propelled vehicle
    designed for running on land but not on rails;
      "Securities" includes any note, stock certificate, bond,
    debenture, check, draft, warrant, traveler's check, letter of
    credit, warehouse receipt, negotiable bill of lading, evidence of
    indebtedness, certificate of interest or participation in any
    profit-sharing agreement, collateral-trust certificate,
    preorganization certificate or subscription, transferable share,
    investment contract, voting-trust certificate; valid or blank motor
    vehicle title; certificate of interest in property, tangible or
    intangible; instrument or document or writing evidencing ownership
    of goods, wares, and merchandise, or transferring or assigning any
    right, title, or interest in or to goods, wares, and merchandise;
    or, in general, any instrument commonly known as a "security", or
    any certificate of interest or participation in, temporary or
    interim certificate for, receipt for, warrant, or right to
    subscribe to or purchase any of the foregoing, or any forged,
    counterfeited, or spurious representation of any of the foregoing;
      "Tax stamp" includes any tax stamp, tax token, tax meter imprint,
    or any other form of evidence of an obligation running to a State,
    or evidence of the discharge thereof;
      "Value" means the face, par, or market value, whichever is the
    greatest, and the aggregate value of all goods, wares, and
    merchandise, securities, and money referred to in a single
    indictment shall constitute the value thereof.
      "Vessel" means any watercraft or other contrivance used or
    designed for transportation or navigation on, under, or immediately
    above, water.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 87-371, Sec. 1, Oct.
    4, 1961, 75 Stat. 802; Pub. L. 98-547, title II, Sec. 202, Oct. 25,
    1984, 98 Stat. 2770; Pub. L. 103-322, title XXXII, Sec. 320912,
    Sept. 13, 1994, 108 Stat. 2128; Pub. L. 104-294, title VI, Sec.
    604(b)(20), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 107-273, div. B,
    title IV, Sec. 4002(b)(8), Nov. 2, 2002, 116 Stat. 1808; Pub. L.
    109-177, title III, Sec. 307(b)(1), Mar. 9, 2006, 120 Stat. 240.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Secs. 408, 414(b), (c), 417,
    419a(a) (Oct. 29, 1919, ch. 89, Sec. 2(a), 41 Stat. 324; May 22,
    1934, ch. 333, Secs. 2(b), (c), 5, 48 Stat. 794, 795; Aug. 3, 1939,
    ch. 413, Sec. 3, 53 Stat. 1178; Aug. 18, 1941, ch. 366, Sec. 2(a),
    55 Stat. 631; Sept. 24, 1945, ch. 383, Sec. 1, 59 Stat. 536).
      The definitive provisions in each of said sections were separated
    therefrom and consolidated into this one section defining terms
    used in this chapter.
      The definitions of "interstate or foreign commerce", contained in
    said section 408 and in sections 414(a) and 419a(b) of title 18,
    U.S.C., 1940 ed., are incorporated in section 10 of this title.
      Other provisions of section 408 of title 18, U.S.C., 1940 ed.,
    are incorporated in sections 2312 and 2313 of this title.
      In the definition of "motor vehicle", words "designed for running
    on land but not on rails" were substituted for "not designed for
    running on rails" so as to conform with the ruling in the case of
    McBoyle v. U.S. (1931, 51 S. Ct. 340, 283, U. S. 25, 75 L. Ed.
    816), in which the Supreme Court held that "vehicle" is limited to
    vehicles running on land and that motor vehicle does not include an
    airplane.
      In the paragraph defining "value" which came from said section
    417 of title 18, U.S.C., 1940 ed., words "In the event that a
    defendant is charged in the same indictment with two or more
    violations of sections 413-419 of this title, then" were omitted
    and the same meaning was preserved by the substitution of the words
    "a single" for the word "such."
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      2006 - Pub. L. 109-177 inserted definition of "Vessel".
      2002 - Pub. L. 107-273 substituted semicolon for period at end of
    third par.
      1996 - Pub. L. 104-294 substituted "Livestock" for "livestock" in
    third par.
      1994 - Pub. L. 103-322 inserted definition of "livestock".
      1984 - Pub. L. 98-547 inserted "valid or blank motor vehicle
    title;" in definition of "Securities".
      1961 - Pub. L. 87-371 inserted definition of "Tax stamp".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
    section 604(d) of Pub. L. 104-294, set out as a note under section
    13 of this title.

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-482, title I, Sec. 101, Dec. 23, 2004, 118 Stat.
    3912, provided that: "This title [amending section 2318 of this
    title and enacting provisions set out as a note under section 2318
    of this title] may be cited as the 'Anti-counterfeiting Amendments
    Act of 2004'."

                       SHORT TITLE OF 1997 AMENDMENT                   
      Pub. L. 105-147, Sec. 1, Dec. 16, 1997, 111 Stat. 2678, provided
    that: "This Act [amending sections 2319 to 2320 of this title,
    sections 101, 506, and 507 of Title 17, Copyrights, and section
    1498 of Title 28, Judiciary and Judicial Procedure, and enacting
    provisions set out as a note under section 994 of Title 28] may be
    cited as the 'No Electronic Theft (NET) Act'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-153, Sec. 1, July 2, 1996, 110 Stat. 1386, provided
    that: "This Act [amending sections 1961, 2318, and 2320 of this
    title, sections 1116 and 1117 of Title 15, Commerce and Trade,
    section 603 of Title 17, Copyrights, sections 1431, 1484, and 1526
    of Title 19, Customs Duties, and section 80302 of Title 49,
    Transportation, and enacting provisions set out as notes under this
    section and section 1431 of Title 19] may be cited as the
    'Anticounterfeiting Consumer Protection Act of 1996'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-519, Sec. 1, Oct. 25, 1992, 106 Stat. 3384, provided
    that: "This Act [enacting sections 2119 and 2322 of this title,
    sections 2026a to 2026c and 2041 to 2044 of Title 15, Commerce and
    Trade, sections 1646b and 1646c of Title 19, Customs Duties, and
    sections 3750a to 3750d of Title 42, The Public Health and Welfare,
    amending sections 553, 981, 982, 2312, and 2313 of this title,
    sections 2021 to 2023, 2025, 2027, and 2034 of Title 15, and
    enacting provisions set out as notes under section 2119 of this
    title, sections 2026a, 2026b, and 2041 of Title 15, and section
    1646b of Title 19] may be cited as the 'Anti Car Theft Act of
    1992'."

                      SHORT TITLE OF 1984 AMENDMENTS                  
      Section 1(a) of Pub. L. 98-547 provided that: "This Act [enacting
    sections 511, 512, 553, and 2320 [now 2321] of this title, sections
    2021 to 2034 of Title 15, Commerce and Trade, and section 1627 of
    Title 19, Customs Duties, amending this section, sections 1961 and
    2313 of this title, and section 1901 of Title 15, and enacting
    provisions set out as a note under section 2021 of Title 15] may be
    cited as the 'Motor Vehicle Theft Law Enforcement Act of 1984'."
      Section 1501 of chapter XV (Secs. 1501-1503) of title II of Pub.
    L. 98-473 provided that: "This chapter [enacting section 2320 of
    this title and amending sections 1116, 1117, and 1118 of Title 15,
    Commerce and Trade] may be cited as the 'Trademark Counterfeiting
    Act of 1984'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Pub. L. 97-180, Sec. 1, May 24, 1982, 96 Stat. 91, provided:
    "That this Act [enacting section 2319 of this title and amending
    section 2318 of this title and section 506 of Title 17, Copyrights]
    may be cited as the 'Piracy and Counterfeiting Amendments Act of
    1982'."

        COUNTERFEITING OF TRADEMARKED AND COPYRIGHTED MERCHANDISE;
                    CONGRESSIONAL STATEMENT OF FINDINGS
      Pub. L. 104-153, Sec. 2, July 2, 1996, 110 Stat. 1386, provided
    that: "The counterfeiting of trademarked and copyrighted
    merchandise - 
        "(1) has been connected with organized crime;
        "(2) deprives legitimate trademark and copyright owners of
      substantial revenues and consumer goodwill;
        "(3) poses health and safety threats to United States
      consumers;
        "(4) eliminates United States jobs; and
        "(5) is a multibillion-dollar drain on the United States
      economy."

          CONGRESSIONAL DECLARATION OF PURPOSE OF 1984 AMENDMENT      
      Section 2 of Pub. L. 98-547 provided that: "It is the purpose of
    this Act [see Short Title of 1984 Amendments note above] - 
        "(1) to provide for the identification of certain motor
      vehicles and their major replacement parts to impede motor
      vehicle theft;
        "(2) to augment the Federal criminal penalties imposed upon
      persons trafficking in stolen motor vehicles;
        "(3) to encourage decreases in premiums charged consumers for
      motor vehicle theft insurance; and
        "(4) to reduce opportunities for exporting or importing stolen
      motor vehicles and off-highway mobile equipment."

-End-

-CITE-
    18 USC Sec. 2312                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2312. Transportation of stolen vehicles

-STATUTE-
      Whoever transports in interstate or foreign commerce a motor
    vehicle, vessel, or aircraft, knowing the same to have been stolen,
    shall be fined under this title or imprisoned not more than 10
    years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 102-519, title I,
    Sec. 103, Oct. 25, 1992, 106 Stat. 3385; Pub. L. 109-177, title
    III, Sec. 307(b)(2)(A), Mar. 9, 2006, 120 Stat. 240.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 408 (Oct. 29, 1919, ch.
    89, Secs. 1, 3, 5, 41 Stat. 324, 325; Sept. 24, 1945, ch. 383,
    Secs. 2, 3, 59 Stat. 536).
      The first sentence of said section 408, providing the short title
    "An Act to punish the transportation of stolen motor vehicles or
    aircraft in interstate or foreign commerce," and derived from
    section 1 of said act of October 29, 1919, as amended, was omitted
    as not appropriate in a revision.
      Definitions of "aircraft," "motor vehicle," and "interstate or
    foreign commerce," which constituted the second sentence of said
    section 408 of title 18, U.S.C., 1940 ed., and were derived from
    section 2 of said act of October 29, 1919, as amended, are
    incorporated in sections 10 and 2311 of this title.
      Provision relating to receiving or selling stolen aircraft or
    motor vehicles, which was derived from section 4 of the act of
    October 29, 1919, as amended, is incorporated in section 2313 of
    this title.
      Venue provision, which was derived from section 5 of the act of
    October 29, 1919, was omitted as unnecessary, being covered by
    section 3237 of this title.
      Reference to persons causing or procuring was omitted as
    unnecessary in view of definition of "principal" in section 2 of
    this title.
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      2006 - Pub. L. 109-177 substituted "motor vehicle, vessel, or
    aircraft" for "motor vehicle or aircraft".
      1992 - Pub. L. 102-519 substituted "fined under this title or
    imprisoned not more than 10 years" for "fined not more than $5,000
    or imprisoned not more than five years".

-End-

-CITE-
    18 USC Sec. 2313                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2313. Sale or receipt of stolen vehicles

-STATUTE-
      (a) Whoever receives, possesses, conceals, stores, barters,
    sells, or disposes of any motor vehicle, vessel, or aircraft, which
    has crossed a State or United States boundary after being stolen,
    knowing the same to have been stolen, shall be fined under this
    title or imprisoned not more than 10 years, or both.
      (b) For purposes of this section, the term "State" includes a
    State of the United States, the District of Columbia, and any
    commonwealth, territory, or possession of the United States.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 98-547, title II,
    Sec. 203, Oct. 25, 1984, 98 Stat. 2770; Pub. L. 101-647, title XII,
    Sec. 1205(l), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 102-519, title
    I, Sec. 103, Oct. 25, 1992, 106 Stat. 3385; Pub. L. 109-177, title
    III, Sec. 307(b)(2)(B), Mar. 9, 2006, 120 Stat. 240.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 408 (Oct. 29, 1919, ch.
    89, Sec. 4, 41 Stat. 325; Sept. 24, 1945, ch. 383, Secs. 2, 3, 59
    Stat. 536).
      Section constitutes the fourth sentence of said section 408 of
    title 18, U.S.C., 1940 ed.
      Definitions of "aircraft," "motor vehicle," and "interstate or
    foreign commerce," which constituted the second sentence of said
    section 408, are incorporated in sections 10 and 2311 of this
    title.
      The third sentence of said section 408, relating to transporting
    stolen aircraft or motor vehicles, is incorporated in section 2312
    of this title.
      The first sentence of said section 408, providing the short
    title, and the fifth sentence thereof, relating to venue, were
    omitted. (See reviser's note under section 2312 of this title.)
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-177 substituted "motor vehicle,
    vessel, or aircraft" for "motor vehicle or aircraft".
      1992 - Subsec. (a). Pub. L. 102-519 substituted "fined under this
    title or imprisoned not more than 10 years" for "fined not more
    than $5,000 or imprisoned not more than five years".
      1990 - Pub. L. 101-647 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1984 - Pub. L. 98-547 inserted "possesses," after "receives," and
    substituted "which has crossed a State or United States boundary
    after being stolen," for "moving as, or which is a part of, or
    which constitutes interstate or foreign commerce,".

-End-

-CITE-
    18 USC Sec. 2314                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2314. Transportation of stolen goods, securities, moneys,
      fraudulent State tax stamps, or articles used in counterfeiting

-STATUTE-
      Whoever transports, transmits, or transfers in interstate or
    foreign commerce any goods, wares, merchandise, securities or
    money, of the value of $5,000 or more, knowing the same to have
    been stolen, converted or taken by fraud; or
      Whoever, having devised or intending to devise any scheme or
    artifice to defraud, or for obtaining money or property by means of
    false or fraudulent pretenses, representations, or promises,
    transports or causes to be transported, or induces any person or
    persons to travel in, or to be transported in interstate or foreign
    commerce in the execution or concealment of a scheme or artifice to
    defraud that person or those persons of money or property having a
    value of $5,000 or more; or
      Whoever, with unlawful or fraudulent intent, transports in
    interstate or foreign commerce any falsely made, forged, altered,
    or counterfeited securities or tax stamps, knowing the same to have
    been falsely made, forged, altered, or counterfeited; or
      Whoever, with unlawful or fraudulent intent, transports in
    interstate or foreign commerce any traveler's check bearing a
    forged countersignature; or
      Whoever, with unlawful or fraudulent intent, transports in
    interstate or foreign commerce, any tool, implement, or thing used
    or fitted to be used in falsely making, forging, altering, or
    counterfeiting any security or tax stamps, or any part thereof - 
      Shall be fined under this title or imprisoned not more than ten
    years, or both.
      This section shall not apply to any falsely made, forged,
    altered, counterfeited or spurious representation of an obligation
    or other security of the United States, or of an obligation, bond,
    certificate, security, treasury note, bill, promise to pay or bank
    note issued by any foreign government. This section also shall not
    apply to any falsely made, forged, altered, counterfeited, or
    spurious representation of any bank note or bill issued by a bank
    or corporation of any foreign country which is intended by the laws
    or usage of such country to circulate as money.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 806; May 24, 1949, ch. 139, Sec.
    45, 63 Stat. 96; July 9, 1956, ch. 519, 70 Stat. 507; Pub. L. 87-
    371, Sec. 2, Oct. 4, 1961, 75 Stat. 802; Pub. L. 90-535, Sept. 28,
    1968, 82 Stat. 885; Pub. L. 100-690, title VII, Secs. 7057, 7080,
    Nov. 18, 1988, 102 Stat. 4402, 4406; Pub. L. 101-647, title XII,
    Sec. 1208, Nov. 29, 1990, 104 Stat. 4832; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   

                                 1948 ACT                             
      Based on title 18, U.S.C., 1940 ed., Secs. 413, 415, 418, 418a,
    419 (May 22, 1934, ch. 333, Secs. 1, 3, 6, 48 Stat. 794, 795; May
    22, 1934, ch. 333, Sec. 7, as added Aug. 3, 1939, ch. 413, Sec. 5,
    53 Stat. 1179; May 22, 1934, ch. 333, Sec. 7, renumbered Sec. 8 by
    Aug. 3, 1939, ch. 413, Sec. 6, 53 Stat. 1179; Aug. 3, 1939, ch.
    413, Secs. 1, 4, 5, 53 Stat. 1178, 1179).
      Section consolidates sections 413, 415, 417, 418, 418a, and 419
    of title 18, U.S.C., 1940 ed.
      Words "or with intent to steal or purloin, knowing the same to
    have been so stolen, converted, or taken" were omitted as
    surplusage, since property so "taken" is "stolen," and insertion of
    word "knowingly" after "Whoever" at beginning of section renders
    such omission possible.
      Reference to persons causing or procuring was omitted as
    unnecessary in view of definition of "principal" in section 2 of
    this title.
      Section 413 of title 18, U.S.C., 1940 ed., providing the short
    title "National Stolen Property Act," was omitted as not
    appropriate in a revision.
      Section 414 of title 18, U.S.C., 1940 ed., containing definitions
    of "interstate or foreign commerce," "securities," and "money," is
    incorporated in sections 10 and 2311 of this title.
      Section 417 of title 18, U.S.C., 1940 ed., relating to
    indictments and determination of "value" of goods, wares,
    merchandise, securities, and money referred to in indictments, is
    also incorporated in section 2311 of this title.
      Section 418 of title 18, U.S.C., 1940 ed., relating to venue, was
    omitted as completely covered by section 3237 of this title.
      Section 418a of title 18, U.S.C., 1940 ed., relating to
    conspiracy, was omitted as covered by section 371 of this title,
    the general conspiracy section.
      Section 419 of title 18, U.S.C., 1940 ed., providing that nothing
    contained in the National Stolen Property Act should be construed
    to repeal, modify, or amend any part of the National Motor Vehicle
    Theft Act, was omitted as unnecessary, in view of this revision and
    reenactment of the provisions of the latter act (sections 10, 2311-
    2313 of this title).
      Changes were made in phraseology and arrangement.

                                 1949 ACT                             
      This amendment [see section 45] restates and clarifies the first
    paragraph of section 2314 of title 18, U.S.C., to conform to the
    original law upon which the section is based.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322, Sec. 330016(1)(L), substituted "fined
    under this title" for "fined not more than $10,000" in penultimate
    par.
      Pub. L. 103-322, Sec. 330016(1)(K), which directed the amendment
    of this section by striking "not more than $5,000" and inserting
    "under this title", could not be executed because the phrase "not
    more than $5,000" did not appear in text.
      1990 - Pub. L. 101-647 inserted "or foreign" after "interstate"
    in second par.
      1988 - Pub. L. 100-690, Sec. 7057(a), substituted "transports,
    transmits, or transfers" for "transports" in first par.
      Pub. L. 100-690, Sec. 7080, inserted "or persons" after "any
    person" and "or those persons" after "that person" in second par.
      Pub. L. 100-690, Sec. 7057(b), struck out "or by a bank or
    corporation of any foreign country" after "foreign government" in
    last par. and inserted at end "This section also shall not apply to
    any falsely made, forged, altered, counterfeited, or spurious
    representation of any bank note or bill issued by a bank or
    corporation of any foreign country which is intended by the laws or
    usage of such country to circulate as money."
      1968 - Pub. L. 90-535 prohibited transportation with unlawful or
    fraudulent intent in interstate or foreign commerce of traveler's
    checks bearing forged countersignatures.
      1961 - Pub. L. 87-371 inserted "or tax stamps" after "securities"
    in third par. and after "security" in fourth par., and "fraudulent
    State tax stamps," in section catchline.
      1956 - Act July 9, 1956, inserted par. relating to interstate
    transportation of persons in schemes to defraud.
      1949 - Act May 24, 1949, substituted "knowing the same to have
    been stolen, converted or taken by fraud" for "theretofore stolen,
    converted, or taken by fraud" in first par.

-End-

-CITE-
    18 USC Sec. 2315                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2315. Sale or receipt of stolen goods, securities, moneys, or
      fraudulent State tax stamps

-STATUTE-
      Whoever receives, possesses, conceals, stores, barters, sells, or
    disposes of any goods, wares, or merchandise, securities, or money
    of the value of $5,000 or more, or pledges or accepts as security
    for a loan any goods, wares, or merchandise, or securities, of the
    value of $500 or more, which have crossed a State or United States
    boundary after being stolen, unlawfully converted, or taken,
    knowing the same to have been stolen, unlawfully converted, or
    taken; or
      Whoever receives, possesses, conceals, stores, barters, sells, or
    disposes of any falsely made, forged, altered, or counterfeited
    securities or tax stamps, or pledges or accepts as security for a
    loan any falsely made, forged, altered, or counterfeited securities
    or tax stamps, moving as, or which are a part of, or which
    constitute interstate or foreign commerce, knowing the same to have
    been so falsely made, forged, altered, or counterfeited; or
      Whoever receives in interstate or foreign commerce, or conceals,
    stores, barters, sells, or disposes of, any tool, implement, or
    thing used or intended to be used in falsely making, forging,
    altering, or counterfeiting any security or tax stamp, or any part
    thereof, moving as, or which is a part of, or which constitutes
    interstate or foreign commerce, knowing that the same is fitted to
    be used, or has been used, in falsely making, forging, altering, or
    counterfeiting any security or tax stamp, or any part thereof - 
      Shall be fined under this title or imprisoned not more than ten
    years, or both.
      This section shall not apply to any falsely made, forged,
    altered, counterfeited, or spurious representation of an obligation
    or other security of the United States or of an obligation, bond,
    certificate, security, treasury note, bill, promise to pay, or bank
    note, issued by any foreign government. This section also shall not
    apply to any falsely made, forged, altered, counterfeited, or
    spurious representation of any bank note or bill issued by a bank
    or corporation of any foreign country which is intended by the laws
    or usage of such country to circulate as money.
      For purposes of this section, the term "State" includes a State
    of the United States, the District of Columbia, and any
    commonwealth, territory, or possession of the United States.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 87-371, Sec. 3, Oct.
    4, 1961, 75 Stat. 802; Pub. L. 99-646, Sec. 76, Nov. 10, 1986, 100
    Stat. 3618; Pub. L. 100-690, title VII, Secs. 7048, 7057(b), Nov.
    18, 1988, 102 Stat. 4401, 4402; Pub. L. 101-647, title XII, Sec.
    1205(m), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 416 (May 22, 1934, ch.
    333, Sec. 4, 48 Stat. 795; Aug. 3, 1939, ch. 413, Sec. 2, 53 Stat.
    1178).
      (See reviser's notes under sections 10, 2311 and 2314 of this
    title for explanation of consolidation or omission of other
    sections of title 18, U.S.C., 1940 ed., which were derived from the
    National Stolen Property Act.)
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000" in fourth par.
      1990 - Pub. L. 101-647 inserted par. at end defining "State".
      1988 - Pub. L. 100-690, Sec. 7048, substituted "moving as, or
    which are a part of, or which constitute interstate or foreign
    commerce" for "which have crossed a State or United States boundary
    after being stolen, unlawfully converted, or taken" in second par.
      Pub. L. 100-690, Sec. 7057(b), struck out "or by a bank or
    corporation of any foreign country" after "foreign government" in
    last par. and inserted at end "This section also shall not apply to
    any falsely made, forged, altered, counterfeited, or spurious
    representation of any bank note or bill issued by a bank or
    corporation of any foreign country which is intended by the laws or
    usage of such country to circulate as money."
      1986 - Pub. L. 99-646 substituted "receives, possesses, conceals"
    for "receives, conceals" and "which have crossed a State or United
    States boundary after being stolen, unlawfully converted, or taken"
    for "moving as, or which are part of, or which constitute
    interstate or foreign commerce" in first and second pars.
      1961 - Pub. L. 87-371 inserted "or tax stamps" after
    "securities", wherever appearing, in second par., and "or tax
    stamp" after "security", wherever appearing, in third par., and
    substituted "moneys, or fraudulent State tax stamps" for "or
    monies" in section catchline.

-End-

-CITE-
    18 USC Sec. 2316                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2316. Transportation of livestock

-STATUTE-
      Whoever transports in interstate or foreign commerce any
    livestock, knowing the same to have been stolen, shall be fined
    under this title or imprisoned not more than five years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98-473, title II,
    Sec. 1113, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Secs. 419b, 419d (Aug. 18,
    1941, ch. 366, Secs. 3, 5, 55 Stat. 631).
      This section consolidates sections 419b and 419d of title 18,
    U.S.C., 1940 ed.
      Definition of "cattle", contained in section 419a(a) of title 18,
    U.S.C., 1940 ed., is incorporated in section 2311 of this title.
      Definition of "interstate or foreign commerce", constituting
    section 419a(b) of title 18, U.S.C., 1940 ed., is incorporated in
    section 10 of this title.
      The venue provision of said section 419d of title 18, U.S.C.,
    1940 ed., was omitted as completely covered by section 3237 of this
    title.
      Reference to persons causing or procuring was omitted as
    unnecessary in view of definition of "principal" in section 2 of
    this title.
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000".
      1984 - Pub. L. 98-473 substituted "livestock" for "cattle" in
    section catchline and text.

-End-

-CITE-
    18 USC Sec. 2317                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2317. Sale or receipt of livestock

-STATUTE-
      Whoever receives, conceals, stores, barters, buys, sells, or
    disposes of any livestock, moving in or constituting a part of
    interstate or foreign commerce, knowing the same to have been
    stolen, shall be fined under this title or imprisoned not more than
    five years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 98-473, title II,
    Sec. 1114, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Secs. 419c, 419d (Aug. 18,
    1941, ch. 366, Secs. 4, 5, 55 Stat. 632).
      Definitions of "cattle" and "interstate or foreign commerce",
    contained in section 419a of title 18, U.S.C., 1940 ed., are
    incorporated in sections 10 and 2311 of this title.
      Venue provision of said section 419d of title 18, U.S.C., 1940
    ed., was omitted as completely covered by section 3237 of this
    title.
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000".
      1984 - Pub. L. 98-473 substituted "livestock" for "cattle" in
    section catchline and text.

-End-

-CITE-
    18 USC Sec. 2318                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2318. Trafficking in counterfeit labels, illicit labels, or
      counterfeit documentation or packaging

-STATUTE-
      (a) Whoever, in any of the circumstances described in subsection
    (c), knowingly traffics in - 
        (1) a counterfeit label or illicit label affixed to, enclosing,
      or accompanying, or designed to be affixed to, enclose, or
      accompany - 
          (A) a phonorecord;
          (B) a copy of a computer program;
          (C) a copy of a motion picture or other audiovisual work;
          (D) a copy of a literary work;
          (E) a copy of a pictorial, graphic, or sculptural work;
          (F) a work of visual art; or
          (G) documentation or packaging; or

        (2) counterfeit documentation or packaging,

    shall be fined under this title or imprisoned for not more than 5
    years, or both.
      (b) As used in this section - 
        (1) the term "counterfeit label" means an identifying label or
      container that appears to be genuine, but is not;
        (2) the term "traffic" has the same meaning as in section
      2320(e) of this title;
        (3) the terms "copy", "phonorecord", "motion picture",
      "computer program", "audiovisual work", "literary work",
      "pictorial, graphic, or sculptural work", "sound recording",
      "work of visual art", and "copyright owner" have, respectively,
      the meanings given those terms in section 101 (relating to
      definitions) of title 17;
        (4) the term "illicit label" means a genuine certificate,
      licensing document, registration card, or similar labeling
      component - 
          (A) that is used by the copyright owner to verify that a
        phonorecord, a copy of a computer program, a copy of a motion
        picture or other audiovisual work, a copy of a literary work, a
        copy of a pictorial, graphic, or sculptural work, a work of
        visual art, or documentation or packaging is not counterfeit or
        infringing of any copyright; and
          (B) that is, without the authorization of the copyright owner
        - 
            (i) distributed or intended for distribution not in
          connection with the copy, phonorecord, or work of visual art
          to which such labeling component was intended to be affixed
          by the respective copyright owner; or
            (ii) in connection with a genuine certificate or licensing
          document, knowingly falsified in order to designate a higher
          number of licensed users or copies than authorized by the
          copyright owner, unless that certificate or document is used
          by the copyright owner solely for the purpose of monitoring
          or tracking the copyright owner's distribution channel and
          not for the purpose of verifying that a copy or phonorecord
          is noninfringing;

        (5) the term "documentation or packaging" means documentation
      or packaging, in physical form, for a phonorecord, copy of a
      computer program, copy of a motion picture or other audiovisual
      work, copy of a literary work, copy of a pictorial, graphic, or
      sculptural work, or work of visual art; and
        (6) the term "counterfeit documentation or packaging" means
      documentation or packaging that appears to be genuine, but is
      not.

      (c) The circumstances referred to in subsection (a) of this
    section are - 
        (1) the offense is committed within the special maritime and
      territorial jurisdiction of the United States; or within the
      special aircraft jurisdiction of the United States (as defined in
      section 46501 of title 49);
        (2) the mail or a facility of interstate or foreign commerce is
      used or intended to be used in the commission of the offense;
        (3) the counterfeit label or illicit label is affixed to,
      encloses, or accompanies, or is designed to be affixed to,
      enclose, or accompany - 
          (A) a phonorecord of a copyrighted sound recording or
        copyrighted musical work;
          (B) a copy of a copyrighted computer program;
          (C) a copy of a copyrighted motion picture or other
        audiovisual work;
          (D) a copy of a literary work;
          (E) a copy of a pictorial, graphic, or sculptural work;
          (F) a work of visual art; or
          (G) copyrighted documentation or packaging; or

        (4) the counterfeited documentation or packaging is
      copyrighted.

      (d) When any person is convicted of any violation of subsection
    (a), the court in its judgment of conviction shall in addition to
    the penalty therein prescribed, order the forfeiture and
    destruction or other disposition of all counterfeit labels or
    illicit labels and all articles to which counterfeit labels or
    illicit labels have been affixed or which were intended to have had
    such labels affixed, and of any equipment, device, or material used
    to manufacture, reproduce, or assemble the counterfeit labels or
    illicit labels.
      (e) Except to the extent they are inconsistent with the
    provisions of this title, all provisions of section 509, title 17,
    United States Code, are applicable to violations of subsection (a).
      (f) Civil Remedies. - 
        (1) In general. - Any copyright owner who is injured, or is
      threatened with injury, by a violation of subsection (a) may
      bring a civil action in an appropriate United States district
      court.
        (2) Discretion of court. - In any action brought under
      paragraph (1), the court - 
          (A) may grant 1 or more temporary or permanent injunctions on
        such terms as the court determines to be reasonable to prevent
        or restrain a violation of subsection (a);
          (B) at any time while the action is pending, may order the
        impounding, on such terms as the court determines to be
        reasonable, of any article that is in the custody or control of
        the alleged violator and that the court has reasonable cause to
        believe was involved in a violation of subsection (a); and
          (C) may award to the injured party - 
            (i) reasonable attorney fees and costs; and
            (ii)(I) actual damages and any additional profits of the
          violator, as provided in paragraph (3); or
            (II) statutory damages, as provided in paragraph (4).

        (3) Actual damages and profits. - 
          (A) In general. - The injured party is entitled to recover - 
            (i) the actual damages suffered by the injured party as a
          result of a violation of subsection (a), as provided in
          subparagraph (B) of this paragraph; and
            (ii) any profits of the violator that are attributable to a
          violation of subsection (a) and are not taken into account in
          computing the actual damages.

          (B) Calculation of damages. - The court shall calculate
        actual damages by multiplying - 
            (i) the value of the phonorecords, copies, or works of
          visual art which are, or are intended to be, affixed with,
          enclosed in, or accompanied by any counterfeit labels,
          illicit labels, or counterfeit documentation or packaging, by
            (ii) the number of phonorecords, copies, or works of visual
          art which are, or are intended to be, affixed with, enclosed
          in, or accompanied by any counterfeit labels, illicit labels,
          or counterfeit documentation or packaging.

          (C) Definition. - For purposes of this paragraph, the "value"
        of a phonorecord, copy, or work of visual art is - 
            (i) in the case of a copyrighted sound recording or
          copyrighted musical work, the retail value of an authorized
          phonorecord of that sound recording or musical work;
            (ii) in the case of a copyrighted computer program, the
          retail value of an authorized copy of that computer program;
            (iii) in the case of a copyrighted motion picture or other
          audiovisual work, the retail value of an authorized copy of
          that motion picture or audiovisual work;
            (iv) in the case of a copyrighted literary work, the retail
          value of an authorized copy of that literary work;
            (v) in the case of a pictorial, graphic, or sculptural
          work, the retail value of an authorized copy of that work;
          and
            (vi) in the case of a work of visual art, the retail value
          of that work.

        (4) Statutory damages. - The injured party may elect, at any
      time before final judgment is rendered, to recover, instead of
      actual damages and profits, an award of statutory damages for
      each violation of subsection (a) in a sum of not less than $2,500
      or more than $25,000, as the court considers appropriate.
        (5) Subsequent violation. - The court may increase an award of
      damages under this subsection by 3 times the amount that would
      otherwise be awarded, as the court considers appropriate, if the
      court finds that a person has subsequently violated subsection
      (a) within 3 years after a final judgment was entered against
      that person for a violation of that subsection.
        (6) Limitation on actions. - A civil action may not be
      commenced under section (!1) unless it is commenced within 3
      years after the date on which the claimant discovers the
      violation of subsection (a).

-SOURCE-
    (Added Pub. L. 87-773, Sec. 1, Oct. 9, 1962, 76 Stat. 775; amended
    Pub. L. 93-573, title I, Sec. 103, Dec. 31, 1974, 88 Stat. 1873;
    Pub. L. 94-553, title I, Sec. 111, Oct. 19, 1976, 90 Stat. 2600;
    Pub. L. 97-180, Sec. 2, May 24, 1982, 96 Stat. 91; Pub. L. 101-647,
    title XXXV, Sec. 3567, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 103-
    272, Sec. 5(e)(10), July 5, 1994, 108 Stat. 1374; Pub. L. 103-322,
    title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2148;
    Pub. L. 104-153, Sec. 4(a), (b)(1), July 2, 1996, 110 Stat. 1386,
    1387; Pub. L. 108-482, title I, Sec. 102(a), (b), Dec. 23, 2004,
    118 Stat. 3912, 3914; Pub. L. 109-181, Sec. 2(c)(2), Mar. 16, 2006,
    120 Stat. 288.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b)(2). Pub. L. 109-181 added par. (2) and struck
    out former par. (2) which read as follows: "the term 'traffic'
    means to transport, transfer or otherwise dispose of, to another,
    as consideration for anything of value or to make or obtain control
    of with intent to so transport, transfer or dispose of;".
      2004 - Pub. L. 108-482, Sec. 102(a)(1), substituted "Trafficking
    in counterfeit labels, illicit labels, or counterfeit documentation
    or packaging" for "Trafficking in counterfeit labels for
    phonorecords, copies of computer programs or computer program
    documentation or packaging, and copies of motion pictures or other
    audio visual works, and trafficking in counterfeit computer program
    documentation or packaging" in section catchline.
      Subsec. (a). Pub. L. 108-482, Sec. 102(a)(2), added subsec. (a)
    and struck out former subsec. (a) which read as follows: "Whoever,
    in any of the circumstances described in subsection (c) of this
    section, knowingly traffics in a counterfeit label affixed or
    designed to be affixed to a phonorecord, or a copy of a computer
    program or documentation or packaging for a computer program, or a
    copy of a motion picture or other audiovisual work, and whoever, in
    any of the circumstances described in subsection (c) of this
    section, knowingly traffics in counterfeit documentation or
    packaging for a computer program, shall be fined under this title
    or imprisoned for not more than five years, or both."
      Subsec. (b)(2). Pub. L. 108-482, Sec. 102(a)(3)(A), struck out
    "and" after the semicolon at end.
      Subsec. (b)(3). Pub. L. 108-482, Sec. 102(a)(3)(B), substituted "
    'audiovisual work', 'literary work', 'pictorial, graphic, or
    sculptural work', 'sound recording', 'work of visual art', and
    'copyright owner' have" for "and 'audiovisual work' have" and a
    semicolon for the period at end.
      Subsec. (b)(4) to (6). Pub. L. 108-482, Sec. 102(a)(3)(C), added
    pars. (4) to (6).
      Subsec. (c)(3). Pub. L. 108-482, Sec. 102(a)(4)(A), added par.
    (3) and struck former par. (3) which read as follows: "the
    counterfeit label is affixed to or encloses, or is designed to be
    affixed to or enclose, a copy of a copyrighted computer program or
    copyrighted documentation or packaging for a computer program, a
    copyrighted motion picture or other audiovisual work, or a
    phonorecord of a copyrighted sound recording; or".
      Subsec. (c)(4). Pub. L. 108-482, Sec. 102(a)(4)(B), struck out
    "for a computer program" after "packaging".
      Subsec. (d). Pub. L. 108-482, Sec. 102(a)(5), inserted "or
    illicit labels" after "counterfeit labels" in two places and
    inserted ", and of any equipment, device, or material used to
    manufacture, reproduce, or assemble the counterfeit labels or
    illicit labels" before period at end.
      Subsec. (f). Pub. L. 108-482, Sec. 102(b), added subsec. (f).
      1996 - Pub. L. 104-153, Sec. 4(b)(1), substituted "Trafficking in
    counterfeit labels for phonorecords, copies of computer programs or
    computer program documentation or packaging, and copies of motion
    pictures or other audio visual works, and trafficking in
    counterfeit computer program documentation or packaging" for
    "Trafficking in counterfeit labels for phonorecords and copies of
    motion pictures or other audiovisual works" in section catchline.
      Subsec. (a). Pub. L. 104-153, Sec. 4(a)(1), substituted "a
    computer program or documentation or packaging for a computer
    program, or a copy of a motion picture or other audiovisual work,
    and whoever, in any of the circumstances described in subsection
    (c) of this section, knowingly traffics in counterfeit
    documentation or packaging for a computer program," for "a motion
    picture or other audiovisual work,".
      Subsec. (b)(3). Pub. L. 104-153, Sec. 4(a)(2), inserted "
    'computer program'," after " 'motion picture',".
      Subsec. (c)(2). Pub. L. 104-153, Sec. 4(a)(3)(A), struck out "or"
    at end.
      Subsec. (c)(3). Pub. L. 104-153, Sec. 4(a)(3)(B), inserted "a
    copy of a copyrighted computer program or copyrighted documentation
    or packaging for a computer program," after "enclose," and
    substituted "; or" for period at end.
      Subsec. (c)(4). Pub. L. 104-153, Sec. 4(a)(3)(C), added par. (4).
      1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
    title" for "fined not more than $250,000".
      Subsec. (c)(1). Pub. L. 103-272 substituted "section 46501 of
    title 49" for "section 101 of the Federal Aviation Act of 1958".
      1990 - Pub. L. 101-647 struck out comma after "phonorecords" in
    section catchline.
      1982 - Pub. L. 97-180 substituted "Trafficking in counterfeit
    labels for phonorecords, and copies of motion pictures or other
    audiovisual works" for "Transportation, sale or receipt of
    phonograph records bearing forged or counterfeit labels" in section
    catchline.
      Subsec. (a). Pub. L. 97-180 substituted provision that violators
    of this section shall be fined not more than $250,000 or imprisoned
    for not more than five years or both for provision that whoever
    knowingly and with fraudulent intent transported, caused to be
    transported, received, sold, or offered for sale in interstate or
    foreign commerce any phonograph record, disk, wire, tape, film, or
    other article on which sounds were recorded, to which or upon which
    was stamped, pasted, or affixed any forged or counterfeited label,
    knowing the label to have been falsely made, forged, or
    counterfeited would be fined not more than $10,000 or imprisoned
    for not more than one year, or both, for the first such offense and
    would be fined not more than $25,000 or imprisoned for not more
    than two years, or both, for any subsequent offense.
      Subsecs. (b) to (e). Pub. L. 97-180 added subsecs. (b) and (c),
    redesignated former subsecs. (b) and (c) as (d) and (e),
    respectively, and in subsec. (d) as so redesignated struck out the
    comma after "judgment of conviction shall".
      1976 - Pub. L. 94-553 designated existing provisions as subsec.
    (a) and substituted "$10,000" for "$25,000" and "$25,000" for
    "$50,000", and added subsecs. (b) and (c).
      1974 - Pub. L. 93-573 substituted "not more than $25,000 or
    imprisoned for not more than one year, or both, for the first
    offense and shall be fined not more than $50,000 or imprisoned not
    more than 2 years, or both, for any subsequent offense" for "not
    more than $1,000 or imprisoned not more than one year or both".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section
    102 of Pub. L. 94-553, set out as a note preceding section 101 of
    Title 17, Copyrights.

        OTHER RIGHTS NOT AFFECTED BY ANTI-COUNTERFEITING PROVISIONS    
      Pub. L. 108-482, title I, Sec. 103, Dec. 23, 2004, 118 Stat.
    3915, provided that:
      "(a) Chapters 5 and 12 of Title 17; Electronic Transmissions. -
    The amendments made by this title [amending this section] - 
        "(1) shall not enlarge, diminish, or otherwise affect any
      liability or limitations on liability under sections 512, 1201 or
      1202 of title 17, United States Code; and
        "(2) shall not be construed to apply - 
          "(A) in any case, to the electronic transmission of a genuine
        certificate, licensing document, registration card, similar
        labeling component, or documentation or packaging described in
        paragraph (4) or (5) of section 2318(b) of title 18, United
        States Code, as amended by this title; and
          "(B) in the case of a civil action under section 2318(f) of
        title 18, United States Code, to the electronic transmission of
        a counterfeit label or counterfeit documentation or packaging
        defined in paragraph (1) or (6) of section 2318(b) of title 18,
        United States Code.
      "(b) Fair Use. - The amendments made by this title shall not
    affect the fair use, under section 107 of title 17, United States
    Code, of a genuine certificate, licensing document, registration
    card, similar labeling component, or documentation or packaging
    described in paragraph (4) or (5) of section 2318(b) of title 18,
    United States Code, as amended by this title."

-FOOTNOTE-
    (!1) So in original. Probably should be "this subsection".

-End-

-CITE-
    18 USC Sec. 2319                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2319. Criminal infringement of a copyright

-STATUTE-
      (a) Any person who violates section 506(a) (relating to criminal
    offenses) of title 17 shall be punished as provided in subsections
    (b), (c), and (d) and such penalties shall be in addition to any
    other provisions of title 17 or any other law.
      (b) Any person who commits an offense under section 506(a)(1)(A)
    of title 17 - 
        (1) shall be imprisoned not more than 5 years, or fined in the
      amount set forth in this title, or both, if the offense consists
      of the reproduction or distribution, including by electronic
      means, during any 180-day period, of at least 10 copies or
      phonorecords, of 1 or more copyrighted works, which have a total
      retail value of more than $2,500;
        (2) shall be imprisoned not more than 10 years, or fined in the
      amount set forth in this title, or both, if the offense is a
      second or subsequent offense under paragraph (1); and
        (3) shall be imprisoned not more than 1 year, or fined in the
      amount set forth in this title, or both, in any other case.

      (c) Any person who commits an offense under section 506(a)(1)(B)
    of title 17 - 
        (1) shall be imprisoned not more than 3 years, or fined in the
      amount set forth in this title, or both, if the offense consists
      of the reproduction or distribution of 10 or more copies or
      phonorecords of 1 or more copyrighted works, which have a total
      retail value of $2,500 or more;
        (2) shall be imprisoned not more than 6 years, or fined in the
      amount set forth in this title, or both, if the offense is a
      second or subsequent offense under paragraph (1); and
        (3) shall be imprisoned not more than 1 year, or fined in the
      amount set forth in this title, or both, if the offense consists
      of the reproduction or distribution of 1 or more copies or
      phonorecords of 1 or more copyrighted works, which have a total
      retail value of more than $1,000.

      (d) Any person who commits an offense under section 506(a)(1)(C)
    of title 17 - 
        (1) shall be imprisoned not more than 3 years, fined under this
      title, or both;
        (2) shall be imprisoned not more than 5 years, fined under this
      title, or both, if the offense was committed for purposes of
      commercial advantage or private financial gain;
        (3) shall be imprisoned not more than 6 years, fined under this
      title, or both, if the offense is a second or subsequent offense;
      and
        (4) shall be imprisoned not more than 10 years, fined under
      this title, or both, if the offense is a second or subsequent
      offense under paragraph (2).

      (e)(1) During preparation of the presentence report pursuant to
    Rule 32(c) of the Federal Rules of Criminal Procedure, victims of
    the offense shall be permitted to submit, and the probation officer
    shall receive, a victim impact statement that identifies the victim
    of the offense and the extent and scope of the injury and loss
    suffered by the victim, including the estimated economic impact of
    the offense on that victim.
      (2) Persons permitted to submit victim impact statements shall
    include - 
        (A) producers and sellers of legitimate works affected by
      conduct involved in the offense;
        (B) holders of intellectual property rights in such works; and
        (C) the legal representatives of such producers, sellers, and
      holders.

      (f) As used in this section - 
        (1) the terms "phonorecord" and "copies" have, respectively,
      the meanings set forth in section 101 (relating to definitions)
      of title 17;
        (2) the terms "reproduction" and "distribution" refer to the
      exclusive rights of a copyright owner under clauses (1) and (3)
      respectively of section 106 (relating to exclusive rights in
      copyrighted works), as limited by sections 107 through 122, of
      title 17;
        (3) the term "financial gain" has the meaning given the term in
      section 101 of title 17; and
        (4) the term "work being prepared for commercial distribution"
      has the meaning given the term in section 506(a) of title 17.

-SOURCE-
    (Added Pub. L. 97-180, Sec. 3, May 24, 1982, 96 Stat. 92; amended
    Pub. L. 102-561, Oct. 28, 1992, 106 Stat. 4233; Pub. L. 105-80,
    Sec. 12(b)(2), Nov. 13, 1997, 111 Stat. 1536; Pub. L. 105-147, Sec.
    2(d), Dec. 16, 1997, 111 Stat. 2678; Pub. L. 107-273, div. C, title
    III, Sec. 13211(a), Nov. 2, 2002, 116 Stat. 1910; Pub. L. 109-9,
    title I, Sec. 103(b), Apr. 27, 2005, 119 Stat. 220.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (e)(1), are set out in the Appendix to this title.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-9, Sec. 103(b)(1), substituted
    "Any person who" for "Whoever" and ", (c), and (d)" for "and (c) of
    this section".
      Subsec. (b). Pub. L. 109-9, Sec. 103(b)(2), substituted "section
    506(a)(1)(A)" for "section 506(a)(1)" in introductory provisions.
      Subsec. (c). Pub. L. 109-9, Sec. 103(b)(3), substituted "section
    506(a)(1)(B) of title 17" for "section 506(a)(2) of title 17,
    United States Code" in introductory provisions.
      Subsecs. (d), (e). Pub. L. 109-9, Sec. 103(b)(4), (5), added
    subsec. (d) and redesignated former subsec. (d) as (e). Former
    subsec. (e) redesignated (f).
      Subsec. (f). Pub. L. 109-9, Sec. 103(b)(4), (6), redesignated
    subsec. (e) as (f) and added pars. (3) and (4).
      2002 - Subsec. (e)(2). Pub. L. 107-273 substituted "107 through
    122" for "107 through 120".
      1997 - Subsec. (a). Pub. L. 105-147, Sec. 2(d)(1), substituted
    "subsections (b) and (c)" for "subsection (b)".
      Subsec. (b). Pub. L. 105-147, Sec. 2(d)(2)(A), substituted
    "section 506(a)(1) of title 17" for "subsection (a) of this
    section" in introductory provisions.
      Subsec. (b)(1). Pub. L. 105-147, Sec. 2(d)(2)(B), inserted
    "including by electronic means," after "if the offense consists of
    the reproduction or distribution," and substituted "which have a
    total retail value of more than $2,500" for "with a retail value of
    more than $2,500".
      Pub. L. 105-80, substituted "at least 10 copies" for "at last 10
    copies".
      Subsecs. (c) to (e). Pub. L. 105-147, Sec. 2(d)(3), added
    subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
      1992 - Subsec. (b). Pub. L. 102-561, Sec. 1, amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Any
    person who commits an offense under subsection (a) of this section -
     
        "(1) shall be fined not more than $250,000 or imprisoned for
      not more than five years, or both, if the offense - 
          "(A) involves the reproduction or distribution, during any
        one-hundred-and-eighty-day period, of at least one thousand
        phonorecords or copies infringing the copyright in one or more
        sound recordings;
          "(B) involves the reproduction or distribution, during any
        one-hundred-and-eighty-day period, of at least sixty-five
        copies infringing the copyright in one or more motion pictures
        or other audiovisual works; or
          "(C) is a second or subsequent offense under either of
        subsection (b)(1) or (b)(2) of this section, where a prior
        offense involved a sound recording, or a motion picture or
        other audiovisual work;
        "(2) shall be fined not more than $250,000 or imprisoned for
      not more than two years, or both, if the offense - 
          "(A) involves the reproduction or distribution, during any
        one-hundred-and-eighty-day period, of more than one hundred but
        less than one thousand phonorecords or copies infringing the
        copyright in one or more sound recordings; or
          "(B) involves the reproduction or distribution, during any
        one-hundred-and-eighty-day period, of more than seven but less
        than sixty-five copies infringing the copyright in one or more
        motion pictures or other audiovisual works; and
        "(3) shall be fined not more than $25,000 or imprisoned for not
      more than one year, or both, in any other case."
      Subsec. (c). Pub. L. 102-561, Sec. 2, substituted " 'phonorecord'
    " for " 'sound recording', 'motion picture', 'audiovisual work',
    'phonorecord'," in par. (1) and "120" for "118" in par. (2).

-End-

-CITE-
    18 USC Sec. 2319A                                           01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2319A. Unauthorized fixation of and trafficking in sound
      recordings and music videos of live musical performances

-STATUTE-
      (a) Offense. - Whoever, without the consent of the performer or
    performers involved, knowingly and for purposes of commercial
    advantage or private financial gain - 
        (1) fixes the sounds or sounds and images of a live musical
      performance in a copy or phonorecord, or reproduces copies or
      phonorecords of such a performance from an unauthorized fixation;
        (2) transmits or otherwise communicates to the public the
      sounds or sounds and images of a live musical performance; or
        (3) distributes or offers to distribute, sells or offers to
      sell, rents or offers to rent, or traffics in any copy or
      phonorecord fixed as described in paragraph (1), regardless of
      whether the fixations occurred in the United States;

    shall be imprisoned for not more than 5 years or fined in the
    amount set forth in this title, or both, or if the offense is a
    second or subsequent offense, shall be imprisoned for not more than
    10 years or fined in the amount set forth in this title, or both.
      (b) Forfeiture and Destruction. - When a person is convicted of a
    violation of subsection (a), the court shall order the forfeiture
    and destruction of any copies or phonorecords created in violation
    thereof, as well as any plates, molds, matrices, masters, tapes,
    and film negatives by means of which such copies or phonorecords
    may be made. The court may also, in its discretion, order the
    forfeiture and destruction of any other equipment by means of which
    such copies or phonorecords may be reproduced, taking into account
    the nature, scope, and proportionality of the use of the equipment
    in the offense.
      (c) Seizure and Forfeiture. - If copies or phonorecords of sounds
    or sounds and images of a live musical performance are fixed
    outside of the United States without the consent of the performer
    or performers involved, such copies or phonorecords are subject to
    seizure and forfeiture in the United States in the same manner as
    property imported in violation of the customs laws. The Secretary
    of the Treasury shall, not later than 60 days after the date of the
    enactment of the Uruguay Round Agreements Act, issue regulations to
    carry out this subsection, including regulations by which any
    performer may, upon payment of a specified fee, be entitled to
    notification by the United States Customs Service of the
    importation of copies or phonorecords that appear to consist of
    unauthorized fixations of the sounds or sounds and images of a live
    musical performance.
      (d) Victim Impact Statement. - (1) During preparation of the
    presentence report pursuant to Rule 32(c) of the Federal Rules of
    Criminal Procedure, victims of the offense shall be permitted to
    submit, and the probation officer shall receive, a victim impact
    statement that identifies the victim of the offense and the extent
    and scope of the injury and loss suffered by the victim, including
    the estimated economic impact of the offense on that victim.
      (2) Persons permitted to submit victim impact statements shall
    include - 
        (A) producers and sellers of legitimate works affected by
      conduct involved in the offense;
        (B) holders of intellectual property rights in such works; and
        (C) the legal representatives of such producers, sellers, and
      holders.

      (e) Definitions. - As used in this section - 
        (1) the terms "copy", "fixed", "musical work", "phonorecord",
      "reproduce", "sound recordings", and "transmit" mean those terms
      within the meaning of title 17; and
        (2) the term "traffic" has the same meaning as in section
      2320(e) of this title.

      (f) Applicability. - This section shall apply to any Act or Acts
    that occur on or after the date of the enactment of the Uruguay
    Round Agreements Act.

-SOURCE-
    (Added Pub. L. 103-465, title V, Sec. 513(a), Dec. 8, 1994, 108
    Stat. 4974; amended Pub. L. 105-147, Sec. 2(e), Dec. 16, 1997, 111
    Stat. 2679; Pub. L. 109-181, Sec. 2(c)(1), Mar. 16, 2006, 120 Stat.
    288.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the Uruguay Round Agreements Act,
    referred to in subsecs. (c) and (f), is the date of enactment of
    Pub. L. 103-465, which was approved Dec. 8, 1994.
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (d)(1), are set out in the Appendix to this title.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (e)(2). Pub. L. 109-181 added par. (2) and struck
    out former par. (2) which read as follows: "the term 'traffic in'
    means transport, transfer, or otherwise dispose of, to another, as
    consideration for anything of value, or make or obtain control of
    with intent to transport, transfer, or dispose of."
      1997 - Subsecs. (d) to (f). Pub. L. 105-147 added subsec. (d) and
    redesignated former subsecs. (d) and (e) as (e) and (f),
    respectively.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-

-CITE-
    18 USC Sec. 2319B                                           01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2319B. Unauthorized recording of Motion pictures in a Motion
      picture exhibition facility

-STATUTE-
      (a) Offense. - Any person who, without the authorization of the
    copyright owner, knowingly uses or attempts to use an audiovisual
    recording device to transmit or make a copy of a motion picture or
    other audiovisual work protected under title 17, or any part
    thereof, from a performance of such work in a motion picture
    exhibition facility, shall - 
        (1) be imprisoned for not more than 3 years, fined under this
      title, or both; or
        (2) if the offense is a second or subsequent offense, be
      imprisoned for no more than 6 years, fined under this title, or
      both.

    The possession by a person of an audiovisual recording device in a
    motion picture exhibition facility may be considered as evidence in
    any proceeding to determine whether that person committed an
    offense under this subsection, but shall not, by itself, be
    sufficient to support a conviction of that person for such offense.
      (b) Forfeiture and Destruction. - When a person is convicted of a
    violation of subsection (a), the court in its judgment of
    conviction shall, in addition to any penalty provided, order the
    forfeiture and destruction or other disposition of all unauthorized
    copies of motion pictures or other audiovisual works protected
    under title 17, or parts thereof, and any audiovisual recording
    devices or other equipment used in connection with the offense.
      (c) Authorized Activities. - This section does not prevent any
    lawfully authorized investigative, protective, or intelligence
    activity by an officer, agent, or employee of the United States, a
    State, or a political subdivision of a State, or by a person acting
    under a contract with the United States, a State, or a political
    subdivision of a State.
      (d) Immunity for Theaters. - With reasonable cause, the owner or
    lessee of a motion picture exhibition facility where a motion
    picture or other audiovisual work is being exhibited, the
    authorized agent or employee of such owner or lessee, the licensor
    of the motion picture or other audiovisual work being exhibited, or
    the agent or employee of such licensor - 
        (1) may detain, in a reasonable manner and for a reasonable
      time, any person suspected of a violation of this section with
      respect to that motion picture or audiovisual work for the
      purpose of questioning or summoning a law enforcement officer;
      and
        (2) shall not be held liable in any civil or criminal action
      arising out of a detention under paragraph (1).

      (e) Victim Impact Statement. - 
        (1) In general. - During the preparation of the presentence
      report under rule 32(c) of the Federal Rules of Criminal
      Procedure, victims of an offense under this section shall be
      permitted to submit to the probation officer a victim impact
      statement that identifies the victim of the offense and the
      extent and scope of the injury and loss suffered by the victim,
      including the estimated economic impact of the offense on that
      victim.
        (2) Contents. - A victim impact statement submitted under this
      subsection shall include - 
          (A) producers and sellers of legitimate works affected by
        conduct involved in the offense;
          (B) holders of intellectual property rights in the works
        described in subparagraph (A); and
          (C) the legal representatives of such producers, sellers, and
        holders.

      (f) State Law Not Preempted. - Nothing in this section may be
    construed to annul or limit any rights or remedies under the laws
    of any State.
      (g) Definitions. - In this section, the following definitions
    shall apply:
        (1) Title 17 definitions. - The terms "audiovisual work",
      "copy", "copyright owner", "motion picture", "motion picture
      exhibition facility", and "transmit" have, respectively, the
      meanings given those terms in section 101 of title 17.
        (2) Audiovisual recording device. - The term "audiovisual
      recording device" means a digital or analog photographic or video
      camera, or any other technology or device capable of enabling the
      recording or transmission of a copyrighted motion picture or
      other audiovisual work, or any part thereof, regardless of
      whether audiovisual recording is the sole or primary purpose of
      the device.

-SOURCE-
    (Added Pub. L. 109-9, title I, Sec. 102(a), Apr. 27, 2005, 119
    Stat. 218.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (e)(1), are set out in the Appendix to this title.

-End-

-CITE-
    18 USC Sec. 2320                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2320. Trafficking in counterfeit goods or services

-STATUTE-
      (a) Whoever intentionally traffics or attempts to traffic in
    goods or services and knowingly uses a counterfeit mark on or in
    connection with such goods or services, or intentionally traffics
    or attempts to traffic in labels, patches, stickers, wrappers,
    badges, emblems, medallions, charms, boxes, containers, cans,
    cases, hangtags, documentation, or packaging of any type or nature,
    knowing that a counterfeit mark has been applied thereto, the use
    of which is likely to cause confusion, to cause mistake, or to
    deceive, shall, if an individual, be fined not more than $2,000,000
    or imprisoned not more than 10 years, or both, and, if a person
    other than an individual, be fined not more than $5,000,000. In the
    case of an offense by a person under this section that occurs after
    that person is convicted of another offense under this section, the
    person convicted, if an individual, shall be fined not more than
    $5,000,000 or imprisoned not more than 20 years, or both, and if
    other than an individual, shall be fined not more than $15,000,000.
      (b)(1) The following property shall be subject to forfeiture to
    the United States and no property right shall exist in such
    property:
        (A) Any article bearing or consisting of a counterfeit mark
      used in committing a violation of subsection (a).
        (B) Any property used, in any manner or part, to commit or to
      facilitate the commission of a violation of subsection (a).

      (2) The provisions of chapter 46 of this title relating to civil
    forfeitures, including section 983 of this title, shall extend to
    any seizure or civil forfeiture under this section. At the
    conclusion of the forfeiture proceedings, the court, unless
    otherwise requested by an agency of the United States, shall order
    that any forfeited article bearing or consisting of a counterfeit
    mark be destroyed or otherwise disposed of according to law.
      (3)(A) The court, in imposing sentence on a person convicted of
    an offense under this section, shall order, in addition to any
    other sentence imposed, that the person forfeit to the United
    States - 
        (i) any property constituting or derived from any proceeds the
      person obtained, directly or indirectly, as the result of the
      offense;
        (ii) any of the person's property used, or intended to be used,
      in any manner or part, to commit, facilitate, aid, or abet the
      commission of the offense; and
        (iii) any article that bears or consists of a counterfeit mark
      used in committing the offense.

      (B) The forfeiture of property under subparagraph (A), including
    any seizure and disposition of the property and any related
    judicial or administrative proceeding, shall be governed by the
    procedures set forth in section 413 of the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 (21 U.S.C. 853), other than
    subsection (d) of that section. Notwithstanding section 413(h) of
    that Act, at the conclusion of the forfeiture proceedings, the
    court shall order that any forfeited article or component of an
    article bearing or consisting of a counterfeit mark be destroyed.
      (4) When a person is convicted of an offense under this section,
    the court, pursuant to sections 3556, 3663A, and 3664, shall order
    the person to pay restitution to the owner of the mark and any
    other victim of the offense as an offense against property referred
    to in section 3663A(c)(1)(A)(ii).
      (5) The term "victim", as used in paragraph (4), has the meaning
    given that term in section 3663A(a)(2).
      (c) All defenses, affirmative defenses, and limitations on
    remedies that would be applicable in an action under the Lanham Act
    shall be applicable in a prosecution under this section. In a
    prosecution under this section, the defendant shall have the burden
    of proof, by a preponderance of the evidence, of any such
    affirmative defense.
      (d)(1) During preparation of the presentence report pursuant to
    Rule 32(c) of the Federal Rules of Criminal Procedure, victims of
    the offense shall be permitted to submit, and the probation officer
    shall receive, a victim impact statement that identifies the victim
    of the offense and the extent and scope of the injury and loss
    suffered by the victim, including the estimated economic impact of
    the offense on that victim.
      (2) Persons permitted to submit victim impact statements shall
    include - 
        (A) producers and sellers of legitimate goods or services
      affected by conduct involved in the offense;
        (B) holders of intellectual property rights in such goods or
      services; and
        (C) the legal representatives of such producers, sellers, and
      holders.

      (e) For the purposes of this section - 
        (1) the term "counterfeit mark" means - 
          (A) a spurious mark - 
            (i) that is used in connection with trafficking in any
          goods, services, labels, patches, stickers, wrappers, badges,
          emblems, medallions, charms, boxes, containers, cans, cases,
          hangtags, documentation, or packaging of any type or nature;
            (ii) that is identical with, or substantially
          indistinguishable from, a mark registered on the principal
          register in the United States Patent and Trademark Office and
          in use, whether or not the defendant knew such mark was so
          registered;
            (iii) that is applied to or used in connection with the
          goods or services for which the mark is registered with the
          United States Patent and Trademark Office, or is applied to
          or consists of a label, patch, sticker, wrapper, badge,
          emblem, medallion, charm, box, container, can, case, hangtag,
          documentation, or packaging of any type or nature that is
          designed, marketed, or otherwise intended to be used on or in
          connection with the goods or services for which the mark is
          registered in the United States Patent and Trademark Office;
          and
            (iv) the use of which is likely to cause confusion, to
          cause mistake, or to deceive; or

          (B) a spurious designation that is identical with, or
        substantially indistinguishable from, a designation as to which
        the remedies of the Lanham Act are made available by reason of
        section 220506 of title 36;

      but such term does not include any mark or designation used in
      connection with goods or services, or a mark or designation
      applied to labels, patches, stickers, wrappers, badges, emblems,
      medallions, charms, boxes, containers, cans, cases, hangtags,
      documentation, or packaging of any type or nature used in
      connection with such goods or services, of which the manufacturer
      or producer was, at the time of the manufacture or production in
      question, authorized to use the mark or designation for the type
      of goods or services so manufactured or produced, by the holder
      of the right to use such mark or designation.(!1)

        (2) the term "traffic" means to transport, transfer, or
      otherwise dispose of, to another, for purposes of commercial
      advantage or private financial gain, or to make, import, export,
      obtain control of, or possess, with intent to so transport,
      transfer, or otherwise dispose of;
        (3) the term "financial gain" includes the receipt, or expected
      receipt, of anything of value; and
        (4) the term "Lanham Act" means the Act entitled "An Act to
      provide for the registration and protection of trademarks used in
      commerce, to carry out the provisions of certain international
      conventions, and for other purposes", approved July 5, 1946 (15
      U.S.C. 1051 et seq.).

      (f) Nothing in this section shall entitle the United States to
    bring a criminal cause of action under this section for the
    repackaging of genuine goods or services not intended to deceive or
    confuse.
      (g)(1) Beginning with the first year after the date of enactment
    of this subsection, the Attorney General shall include in the
    report of the Attorney General to Congress on the business of the
    Department of Justice prepared pursuant to section 522 of title 28,
    an accounting, on a district by district basis, of the following
    with respect to all actions taken by the Department of Justice that
    involve trafficking in counterfeit labels for phonorecords, copies
    of computer programs or computer program documentation or
    packaging, copies of motion pictures or other audiovisual works (as
    defined in section 2318 of this title), criminal infringement of
    copyrights (as defined in section 2319 of this title), unauthorized
    fixation of and trafficking in sound recordings and music videos of
    live musical performances (as defined in section 2319A of this
    title), or trafficking in goods or services bearing counterfeit
    marks (as defined in section 2320 of this title):
        (A) The number of open investigations.
        (B) The number of cases referred by the United States Customs
      Service.
        (C) The number of cases referred by other agencies or sources.
        (D) The number and outcome, including settlements, sentences,
      recoveries, and penalties, of all prosecutions brought under
      sections 2318, 2319, 2319A, and 2320 of this title.

      (2)(A) The report under paragraph (1), with respect to criminal
    infringement of copyright, shall include the following:
        (i) The number of infringement cases in these categories:
      audiovisual (videos and films); audio (sound recordings);
      literary works (books and musical compositions); computer
      programs; video games; and, others.
        (ii) The number of online infringement cases.
        (iii) The number and dollar amounts of fines assessed in
      specific categories of dollar amounts. These categories shall be:
      no fines ordered; fines under $500; fines from $500 to $1,000;
      fines from $1,000 to $5,000; fines from $5,000 to $10,000; and
      fines over $10,000.
        (iv) The total amount of restitution ordered in all copyright
      infringement cases.

      (B) In this paragraph, the term "online infringement cases" as
    used in paragraph (2) means those cases where the infringer - 
        (i) advertised or publicized the infringing work on the
      Internet; or
        (ii) made the infringing work available on the Internet for
      download, reproduction, performance, or distribution by other
      persons.

      (C) The information required under subparagraph (A) shall be
    submitted in the report required in fiscal year 2005 and
    thereafter.

-SOURCE-
    (Added Pub. L. 98-473, title II, Sec. 1502(a), Oct. 12, 1984, 98
    Stat. 2178; amended Pub. L. 103-322, title XXXII, Sec. 320104(a),
    title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2110,
    2148; Pub. L. 104-153, Sec. 5, July 2, 1996, 110 Stat. 1387; Pub.
    L. 105-147, Sec. 2(f), Dec. 16, 1997, 111 Stat. 2679; Pub. L. 105-
    225, Sec. 4(b), Aug. 12, 1998, 112 Stat. 1499; Pub. L. 105-354,
    Sec. 2(c)(1), Nov. 3, 1998, 112 Stat. 3244; Pub. L. 107-140, Sec.
    1, Feb. 8, 2002, 116 Stat. 12; Pub. L. 107-273, div. A, title II,
    Sec. 205(e), Nov. 2, 2002, 116 Stat. 1778; Pub. L. 109-181, Secs.
    1(b), 2(b), Mar. 16, 2006, 120 Stat. 285, 288.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Lanham Act, referred to in subsecs. (c) and (e)(1)(B), (4),
    also known as the Trademark Act of 1946, is act July 5, 1946, ch.
    540, 60 Stat. 427, as amended, which is classified generally to
    chapter 22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1051 of Title 15 and Tables.
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (d)(1), are set out in the Appendix to this title.
      The date of enactment of this subsection, referred to in subsec.
    (g)(1), is date of enactment of Pub. L. 104-153, which was approved
    July 2, 1996.

-COD-
                               CODIFICATION                           
      Another section 2320 was renumbered section 2321 of this title.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-181, Sec. 1(b)(1), inserted ", or
    intentionally traffics or attempts to traffic in labels, patches,
    stickers, wrappers, badges, emblems, medallions, charms, boxes,
    containers, cans, cases, hangtags, documentation, or packaging of
    any type or nature, knowing that a counterfeit mark has been
    applied thereto, the use of which is likely to cause confusion, to
    cause mistake, or to deceive," after "such goods or services".
      Subsec. (b). Pub. L. 109-181, Sec. 1(b)(2), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Upon a
    determination by a preponderance of the evidence that any articles
    in the possession of a defendant in a prosecution under this
    section bear counterfeit marks, the United States may obtain an
    order for the destruction of such articles."
      Subsec. (e)(1). Pub. L. 109-181, Sec. 1(b)(3)(B), amended
    concluding provisions generally. Prior to amendment, concluding
    provisions read as follows: "but such term does not include any
    mark or designation used in connection with goods or services of
    which the manufacturer or producer was, at the time of the
    manufacture or production in question authorized to use the mark or
    designation for the type of goods or services so manufactured or
    produced, by the holder of the right to use such mark or
    designation;".
      Subsec. (e)(1)(A). Pub. L. 109-181, Sec. 1(b)(3)(A), added
    subpar. (A) and struck out former subpar. (A) which read as
    follows: "a spurious mark - 
        "(i) that is used in connection with trafficking in goods or
      services;
        "(ii) that is identical with, or substantially
      indistinguishable from, a mark registered for those goods or
      services on the principal register in the United States Patent
      and Trademark Office and in use, whether or not the defendant
      knew such mark was so registered; and
        "(iii) the use of which is likely to cause confusion, to cause
      mistake, or to deceive; or".
      Subsec. (e)(2). Pub. L. 109-181, Sec. 2(b)(1), added par. (2) and
    struck out former par. (2) which read as follows: "the term
    'traffic' means transport, transfer, or otherwise dispose of, to
    another, as consideration for anything of value, or make or obtain
    control of with intent so to transport, transfer, or dispose of;
    and".
      Subsec. (e)(3), (4). Pub. L. 109-181, Sec. 2(b)(2), (3), added
    par. (3) and redesignated former par. (3) as (4).
      Subsecs. (f), (g). Pub. L. 109-181, Sec. 1(b)(4), added subsec.
    (f) and redesignated former subsec. (f) as (g).
      2002 - Subsec. (e)(1)(B). Pub. L. 107-140 substituted "section
    220506 of title 36" for "section 220706 of title 36".
      Subsec. (f). Pub. L. 107-273, Sec. 205(e), designated existing
    provisions as par. (1), substituted "this title" for "title 18"
    wherever appearing, redesignated former pars. (1) to (4) as
    subpars. (A) to (D), respectively, of par. (1), and added par. (2).
      1998 - Subsec. (e)(1)(B). Pub. L. 105-225, Sec. 4(b)(1), as
    amended by Pub. L. 105-354, Sec. 2(c)(1), substituted "section
    220706 of title 36" for "section 110 of the Olympic Charter Act".
      Subsec. (e)(2). Pub. L. 105-225, Sec. 4(b)(2), as amended by Pub.
    L. 105-354, Sec. 2(c)(1), inserted "and" after semicolon at end.
      Subsec. (e)(3). Pub. L. 105-225, Sec. 4(b)(3), as amended by Pub.
    L. 105-354, Sec. 2(c)(1), substituted a period for "; and" at end.
      Subsec. (e)(4). Pub. L. 105-225, Sec. 4(b)(4), as amended by Pub.
    L. 105-354, Sec. 2(c)(1), struck out par. (4) which read as
    follows: "the term 'Olympic Charter Act' means the Act entitled 'An
    Act to incorporate the United States Olympic Association', approved
    September 21, 1950 (36 U.S.C. 371 et seq.)."
      1997 - Subsecs. (d) to (f). Pub. L. 105-147 added subsec. (d) and
    redesignated former subsecs. (d) and (e) as (e) and (f),
    respectively.
      1996 - Subsec. (e). Pub. L. 104-153 added subsec. (e).
      1994 - Pub. L. 103-322, Sec. 330016(1)(U), which directed the
    amendment of this section by striking "not more than $250,000" and
    inserting "under this title", could not be executed because the
    phrase "not more than $250,000" did not appear in text subsequent
    to amendment of subsec. (a) by Pub. L. 103-322, Sec. 320104(a). See
    below.
      Subsec. (a). Pub. L. 103-322, Sec. 320104(a), in first sentence,
    substituted "$2,000,000 or imprisoned not more than 10 years" for
    "$250,000 or imprisoned not more than five years" and "$5,000,000"
    for "$1,000,000", and in second sentence, substituted "$5,000,000
    or imprisoned not more than 20 years" for "$1,000,000 or imprisoned
    not more than fifteen years" and "$15,000,000" for "$5,000,000".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-354, Sec. 2(c), Nov. 3, 1998, 112 Stat. 3244,
    provided that the amendment made by section 2(c) is effective Aug.
    12, 1998.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-MISC2-
                                 FINDINGS                             
      Pub. L. 109-181, Sec. 1(a)(2), Mar. 16, 2006, 120 Stat. 285,
    provided that: "The Congress finds that - 
        "(A) the United States economy is losing millions of dollars in
      tax revenue and tens of thousands of jobs because of the
      manufacture, distribution, and sale of counterfeit goods;
        "(B) the Bureau of Customs and Border Protection estimates that
      counterfeiting costs the United States $200 billion annually;
        "(C) counterfeit automobile parts, including brake pads, cost
      the auto industry alone billions of dollars in lost sales each
      year;
        "(D) counterfeit products have invaded numerous industries,
      including those producing auto parts, electrical appliances,
      medicines, tools, toys, office equipment, clothing, and many
      other products;
        "(E) ties have been established between counterfeiting and
      terrorist organizations that use the sale of counterfeit goods to
      raise and launder money;
        "(F) ongoing counterfeiting of manufactured goods poses a
      widespread threat to public health and safety; and
        "(G) strong domestic criminal remedies against counterfeiting
      will permit the United States to seek stronger anticounterfeiting
      provisions in bilateral and international agreements with trading
      partners."

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

-End-

-CITE-
    18 USC Sec. 2321                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2321. Trafficking in certain motor vehicles or motor vehicle
      parts

-STATUTE-
      (a) Whoever buys, receives, possesses, or obtains control of,
    with intent to sell or otherwise dispose of, a motor vehicle or
    motor vehicle part, knowing that an identification number for such
    motor vehicle or part has been removed, obliterated, tampered with,
    or altered, shall be fined under this title or imprisoned not more
    than ten years, or both.
      (b) Subsection (a) does not apply if the removal, obliteration,
    tampering, or alteration - 
        (1) is caused by collision or fire; or
        (2) is not a violation of section 511 of this title.

      (c) As used in this section, the terms "identification number"
    and "motor vehicle" have the meaning given those terms in section
    511 of this title.

-SOURCE-
    (Added Pub. L. 98-547, title II, Sec. 204(a), Oct. 25, 1984, 98
    Stat. 2770, Sec. 2320; renumbered Sec. 2321, Pub. L. 99-646, Sec.
    42(a), Nov. 10, 1986, 100 Stat. 3601; amended Pub. L. 103-322,
    title XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
    title" for "fined not more than $20,000".

-End-

-CITE-
    18 USC Sec. 2322                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

-HEAD-
    Sec. 2322. Chop shops

-STATUTE-
      (a) In General. - 
        (1) Unlawful action. - Any person who knowingly owns, operates,
      maintains, or controls a chop shop or conducts operations in a
      chop shop shall be punished by a fine under this title or by
      imprisonment for not more than 15 years, or both. If a conviction
      of a person under this paragraph is for a violation committed
      after the first conviction of such person under this paragraph,
      the maximum punishment shall be doubled with respect to any fine
      and imprisonment.
        (2) Injunctions. - The Attorney General shall, as appropriate,
      in the case of any person who violates paragraph (1), commence a
      civil action for permanent or temporary injunction to restrain
      such violation.

      (b) Definition. - For purposes of this section, the term "chop
    shop" means any building, lot, facility, or other structure or
    premise where one or more persons engage in receiving, concealing,
    destroying, disassembling, dismantling, reassembling, or storing
    any passenger motor vehicle or passenger motor vehicle part which
    has been unlawfully obtained in order to alter, counterfeit,
    deface, destroy, disguise, falsify, forge, obliterate, or remove
    the identity, including the vehicle identification number or
    derivative thereof, of such vehicle or vehicle part and to
    distribute, sell, or dispose of such vehicle or vehicle part in
    interstate or foreign commerce.

-SOURCE-
    (Added Pub. L. 102-519, title I, Sec. 105(a), Oct. 25, 1992, 106
    Stat. 3385.)

-End-