REF ID:A40491 

§ 791 TITLE 18 -CRIMINAL CODE AND CRIMINAL PROCEDURE Page 2396 

the escape of any person apprehended or interned as 

an enemy alien by the United States or any of its 

allies, or advises connives at SJ.ds or assists in such 

escape or aids relieves transports, harbors conceals, 

shelters protects, holds correspondence with, gives 

intelligence to, or otherwise asslSts any such prisoner of war or enemy alien after his escape from 

custody knowing him to be such prisoner of war 

or enemy alien or attempts to commit or conspll'es 

to commit any of the above acts shall be fined not 

more than $10,000 or imprisoned not more than ten 

years or both 

The provisions of this section shall be in addition 

to and not m substitution for any other provision 

of law CJune 25 1948 ch 645 § 1 62 Stat 735 > 

LEGISLATIVE HISTORY 

Beviser's Note -Based on title 18 U S C 1940 ed 

§ 97b (Apr 30 1945 ch 103 59 Stat 101) 

The second sentence o! section 97b of title 18 U s C 

1940 ed was made a separate paragraph 

Chapter 37.-ESPIONAGE AND CENSORbHIP 

Sec 

791 Scope of chapter 

792 Harboring or concealing persons 

793 Gathering transmitting or losing defense information 

794 Gathering or delivering defense information to aid 

foreign government 

795 Photographing and sketching defense installations 

796 Use of aircraft for photographing defense installations 

797 Publication and sale of photographs of defense 

installations 

798 Disclosure o! classified information 

AKENmmm! 

1951-Analysls amended by act Oct 31 1951 ch. 655 

I 23 65 Stat 719 Which added item 798 

§ 791 Srope of chapter 

'Ibis chapter shall apply within the admiralty and 

ma1itime jur1sd1ct1on of the United States and on 

the high seas as well as withm the United States 

CJune 25 1948 ch 645 § 1, 62 Stat 736 > 

LEGISLATIVE HlsTORY 

Bevuer s Note -Based on sections 37 40 and 45d of 

title 50 U S c 1940 ed War and National Defense (June 

15 1917 ch 30 title I § 8 title xm § l 40 Stat 219 

231 Jan 12 1938 ch 2 § 5 52 Stat 4) 

Bection consolidates sections 37 40 and 45d o! title 

50 U S c 1940 ed War and National Defense with 

necessary minor omissions and changes in phraseology 

Provisions of this section are also incorporated In sec- tion 2388 o! this title 

CANAL ZONE 

Applicablllty of section to Canal Zone see section 14 of 

this title 

CROSS REFERENCES 

Activities affecting armed forces during war see sec- tion 388 of this title 

§ 792 Harboring or concealing persons 

Whoever harbors or conceals any person who he 

knows or has reasonable grounds to believe or suspect has committed, or 1s about to commit an offense under sections 793 or 794 of this title, shall be 

fined not more than $10 000 or imprisoned not more 

than ten years or both (June 25, 1948, ch 645 

§ 1, 62 Stat 736 ) 

LEGISLATIVE HlsTOKY 

.RetJfser's Note -Based on section 35 o! title 50 U S c 

1940 ed war and National Defense (June 15 1917 ch 

30 title I § 6 40 Stat 219 Mar 28 1940 ch 72 § 2 54 

Stat 79) 

Similar harboring and concealing language was added 

to section 2388 of this title 

Mandatory punishment provision was rephrased in the 

alternative (See revisers note under section 201 of this 

title) 

!NDICTM.EN'l' FOK 'VIOLATING THIS SECTION AND SECTIONS '193 

794 LIMITATION Pl!:llIOD 

Act Sept 23 1950 ch 1024 § 19 64 Stat 1005 provides 

that an indictment for any violation of this section and 

sections 793 and 794 o! this title other than a violation 

constituting a capital offense may be found at any time 

within ten years next after such violation shall have been 

committed but that such section 19 shall not authorize 

prosecution trial or punishment for any otrense 'nnW" 

barred by the provisions of existing 11<.W 

CANAL ZONl!l 

Applicabll1ty o! section to canal zone see section 14 Of 

this title CROSS REFEHNCES 

Harboring and concealing generally see section 1071 

et seq o! this title 

Jurisdiction of offenses see section 3241 of this title 

Misprision o! felony see section 4 of this title 

§ 793 Gathering, transm1ttmg, or losing defense m 

formation 

ca> Whoever for the purpose of obtaming information respectmg the national defense with intent 

or reason to beheve that the information 1s to be 

used to the mJury of the Uruted States or to the 

advantage of any foreign nation goes upon enters 

files over or otherwise obtains mformation concerning any vessel aircraft work of defense navy yard 

naval station submarme base, fuelmg station fort 

battery torpedo station dockyard canal railroad 

arsenal camp factory mine telegraph telephone 

wireless or signal station building office research 

laboratory or station or other place connected with 

the national defense owned or constructed or m 

progress of construction by the United States or 

under the control of the United States or of any of 

its omcers departments or agencies or w1thm 

the exclUSive JUr1sd1ction of the Umted States or 

any place in which any vessel SJ.rcraft arms mumt1ons or other materials or instruments for use in 

time of war are bemg made prepared repaired 

stored or a.re the subJect of research or development 

under any contract or agreement with the United 

States or any department or agency thereof or 

with any person on behalf of the United States or 

otherwISe on behalf of the Umted States or any 

proh1b1ted place so designated by the President by 

nroclam.atlon m tune of war or l'l case of natton.al 

emergency in which anythmg for the use of the 

Army Navy or .Alr Force 1s being prepared or constructed or stored information as to which proh1b1ted place the President has deterlD.lned would 

be pre3ud1c1al to the national defense, or 

Cb> Whoever for the purpose aforesaid, and with 

like intent or reason to believe, copies takes makes, 

or obtains or attempts to copy take make, or obtain any sketch photograph photographic negative 

blueprint plan, map model instrument appbance. 

page 2397 TITLE 18-CRIMINAL CODE AND CRIMINAL PROCEDURE § '194 

document wntmg or note of anything connected 

with the national defense or 

Cc> Whoever for the purpose aforesaid receives 

or obtains or agrees or attempts to receive or obtain 

from any person or from any source whatever any 

document writing code book signal book sketch 

photograph photographic negative blueprint, plan 

map model instrument appliance, or note of anyttung connected with the national defense, knowing 

or having reason to believe at the tune he receives 

or obtams or agrees or attempts to receive or obtain 

it that it has been or will be obtained taken made 

or disposed of by any person contrary to the proviSJons of this chapter or 

Cd> Whoeve1 lawfully having possession of access 

to, cont1ol over or being entrusted with any document wr1tmg code book signal book sketch photograph photographic negative blueprmt plan map 

model instrument appliance or note relatmg to 

the national defense, or information relating to the 

national defense which information the possessor 

has reason to believe could be used to the imury of 

the United States or to the advantage of any foreign 

nation willfully commurucates dehvers transinits 

or causes to be communicated delivered, or transIIlltted or attempts to communicate dehver transmit or cause to be commumcated dehvered or transJllltted the same to any person not entitled to receive 

1t or willfully retains the same and fails to dehver 

1t on demand to the omcer or .employee of the 

Umted States entitled to receive it or 

Ce> Whoever having unauthorized possession of, 

access to or control over any document, writing 

code book signal book sketch photograph photographic negative blueprint, plan, map model instrument appliance or note relating to the national 

defense or mformat1on relating to the national defense which information the possessor has reason to 

believe could be used to the in.Jury of the United 

States or to the advantage of any foreign nation 

willfully communicates delivers transmits or causes 

to be commumcated dellvered or transmitted or 

attempts to communicate dehver transmit or cause 

to be communicated dellvered or translDltted the 

same to any person not entitled to receive it or willfully retains the same and fails to dellver 1t to the 

officer or employee of the United States entitled to 

receive it or 

Cf> Whoever, being entrusted with or having lawful possession or control of any document, writing 

code book signal book sketch photograph photographic negative blueprint plan map mod.el instrument apphance note or information relating 

to the national defense Cl> through gross neghgence permits the same to be removed from its 

Proper place of custody or delivered to anyone in 

violation of his trust or to be lost stolen abstracted, 

or destroyed or C2> havmg knowledge that the same 

has been illegally removed from its proper place of 

custody or dehvered to anyone in violation of its 

trust or lost or stolen abstracted or destioyed and 

fails to make prompt report of such loss theft abstraction, or destruction to his superior omcerShall be fined not more than $10 000 or 1mpr1soned 

not more than ten years, or both 

Cg> If two or more persons conspll'e to violate 

any of the foregoing proVlSions of thls section, a.nd 

one or more of such persons do any act to effect the 

obJect of the conspiracy, each of the parties to such 

conspiracy shall be subJect to the punishment provided for the offense which is the object of such 

conspiracy CJune 25 1948 ch 645, § 1 62 Stat 736 

Sept 23, 1950 ch 1024 title I, § 18, 64 Stat 1003 ) 

LEGISLATIVE HISTORY 

Bevzser's Note -Based on sections 31 and 36 o! title 50 

U S C 1940 ed, War and National Defense (June 16 

1917 ch 30 title I §§ 1 6 40 Stat 217, 219, Mar 28 

1940 ch 72 § 1 54 Stat 79) 

Section consolidated sections 31 and 36 o! title 50 

U S c 1940 ed War and National Defense 

Words departments or agencies were inserted twice 

in conformity with defimtive section 6 o! this title to 

eliminate any possible ambiguity as to scope o! section 

The words or induces or aids another were omitted 

wherever occurring as unnecessary in view of definition 

of principal in section 2 o! this title 

Mandatory punishment provision was rephrased in the 

alternative (See revisers note under section 201 or th1s 

title) 

Ml.nor changes were made in phraseology 

AlllENDlllIENTS 

1950-Act Sept 23 1950 amended generally by dividing 

section into subdivisions adding laboratories and stations 

and places where material or instruments for use in time 

of war are the subject of research or development to the 

list of facilities and places to which subsection (a) applies, 

making subsection (d) applicable only in cases in which 

possession access or control is lawful adding subsection 

( e) to take care of cases in which possession access or 

control Is unlawful making subsection (f) applicable to 

instruments and appliances as well as to documents 

records etc and providing by subsection (g) a separat.e 

penalty for conspiracy to violate any provisions o! this 

section 

!NDICTlllIEMT FOR V'IoLATING 'I'Bis Sll:CT.ION LlMITATION 

PDIOD 

Limitation period in connection with indictments for 

violating this section see note under section 792 of this 

title 

CANAL ZONE 

Applicability of section to canal Zone see section 14 of 

this title 

Activities affecting armed forces--

Generally see section 2387 of this title 

During war see section 2388 of this title 

Classified information disclosure by Government om.-

cial or other person penalty for, see section 783 (b), (d) 

o! Title 50 War and National Defense and section '198 of 

this title 

JUrisdiction of otrenses see section 3241 of this title 

Letters writings etc in violation of this section as non• 

mailable see section 1717 of this title 

Mf.litary or civ111an censorship prohibited and preservation of certain Constitutional rights see section 798 of 

Title 8 Allens and Nationality 

Nonmaila.ble letters and writings, see section 1717 of 

this titlP 

§ 794 Gathenng or debvenng defense 1nformat1on to 

aid foreign government 

Ca> Whoever, with intent or reason to believe that 

it is to be used to the inJury of the Umted States or 

to the advantage of a foreign nation, communicates, 

delivers, or transmits or attempts to communicate 

deliver or transinJ.t to any foreign government, or 

to any faction or party or military or naval force 

within a foreign country, whether recognized or 

unrecognized by the Umted States, or to any repre-
REF ID:A40491 

§ '195 TITLE 18-CRIMINAL CODE AND CRIMINAL PROCEDURE Page 2398 

sentative officer agent employee subJect or citizen 

thereof either directly or mdirectly any document 

writing code book signal book sketch photograph, 

photographic negative blueprint plan map model 

note mstrument appliance or mformation relating 

to the national defense, shall be unprisoned not more 

than twenty years 

<b> Whoever violates subsection ca> m tune of war 

shall be pumshed by death or by imprisonment for 

not more than thirty years 

Cc> Whoever m time of war with intent that the 

same shall be communicated to the enemy collects 

records publishes or communicates or attempts to 

elicit any information with respect to the movement 

numbers descriptl()n condition or disposition of any 

of the armed forces ships, aircraft or war materials 

of the United States or with respect to the plans or 

conduct or suppased plans or conduct of any naval 

or mihtary operations, or with respect to any works 

or measures undertaken for or connected with or 

mtended for the fortification or defense of any place 

or any other information relating to the publlc 

defense which might be useful to the enemy shall be 

punished by death or by imprisonment for not more 

than thirty years 

CdJ If tv.o or more persons conspire to violate th.ls 

section and one or more of such persons do any act 

to e:ffect the obJect of the conspiracy each of the 

parties to such conspiracy shall be subJect to the punishment provided for the ofiense which IS the object 

of such conspiracy <June 25 1948 ch 645 § 1, 62 

Stat '137) LEGISLATIVE :HlsTOllY 

Bevi.er a Note -Based on sections 82 and 84 of title 60 

U S c 1940 ed War and National Defense (June 16 

1917 ch 30 title I §§ 2 4 40 Stat 218 219) 

Section consolidates sections 32 and 34 of title 50 

U S C 1940 ed War and National Defense 

The words or induces or aids another were omitted as unnecessary In view of deflnitlon of principal 1I1 

sectio':l 2 of this title 

The conspiracy provision of said section 84 was also mcorporated In section 2888 of this title 

Minor changes were made in phraseology 

CO'n'IN'O'ATIO?. OF WAii-TIME P!IOVISIO?.S UNTIL 

APRIL 1 1953 

SecUon 1 (al (29l of Joint Res JUly 3 1952 ch 570 

66 Stat 833 prouded that the force and effect of the 

war-time provisions of this section should continue in 

force unt 1 six months after the termination of the 

ni.tlonal emergency proclaimed by the President on Dec 

16 1950 by 1950 Proc No 2914 15 F R 9029 set out as a note preceding section 1 or Appendix to Title 50 War and 

llational Defense or such earlier date or dates as may be 

provided for by Congress but In no event beyond Apr 1 

1953 Section 7 or said Joint P.es July 3 1952 provided 

that it should become e:ffective June 16 1952 

REPEAL OF PRIOR ExTENSIONS OF WAR-'IIME PllOVISIONS 

Section 6 of Joint Res July a, 1952 ,.epea1ed Joint Res- - Apr 14 1952 ch 204 66 Stat 54 as amended by Joint Res 

May 28 1952 ch 339 66 Stat 96 Intermediate extensions 

by Joint Res June 14 1952 ch 487 66 Stat 187 and 

Joint Res June SO 1952 ch 528 88 Stat 298 which con- tinued provisions until J'Uly 3 1952 expired by their own terms 

INDICTKBN'l' J'Oll 'VIOLATING THIS SEC'l'ION LIMITATION 

PERIOD 

Limitation perlpd In connection with indictments for 

vlo1atlng this section, see note under section 792 of this 

title 

CANAL ZONE 

Applicab1lity of section to Canal Zone see section u, 

of this title CROSS REFERENCES 

Classified information disclosure by Government om 

cial or other person penalty for see section 783 (b) (d) 

of Title oO War and National Defense and section 798 

of this title 

Consp1racy to commit o:ffense generally see section 

371 of this title 

Jurisdiction of offenses see section 8241 of this title 

Letters writings etc In violation of this section as 

nonmallable see section 1717 of this title 

Nonmailable letters and writings see section 1717 o! 

this title 

§ 795 Photographmg and sketching defense mstalla 

tions 

Cal Whenever in the interests of national defense the President defines certam vital military 

and naval mstallations or equipment as requiring 

protection agamst the general dissemination of information relative thereto it shall be unlawfUl to 

make any photograph sketch picture drawmg map 

or graphical representation of such vital military 

and naval installations or eqwpment without first 

obtammg permission of the comm.anding officer of 

the military or naval post camp or station or naval 

vessels milltary and naval aircraft and any separate 

milltary or naval command concerned or higher 

authority and promptly subnuttlng the product obtained to such commanding officer or h.lgher authority for censorship or such other action as he may 

deem necessary 

Cb) Whoever violates th1s section shall be fined 

not more than $1 000 or imp1 isoned not more than 

one year or both <June 25 1948 ch. 645 § 1 62 

Stat 737 > LEGISLATIVJ: HISTORY 

Beviser s Note -Based on sections 45 and 45c of title 

60 U S C 1940 ed War and National Defense (Jan 12 

1938 ch 2 § § 1 4 52 Stat S 4) 

Section consolidated sect10ns 45 and 45c of title 50 

U S C 1940 ed War and National Defense 

Minor changes were made In phraseology 

CANAL Zom: 

Appllcablllty of section to Canal Zone see section 14 of 

this title 

CROSS REn:RENCES 

Photobraphlng sketching mapping etc military or naval properties as unlawful for duration of World War 

II see section '781 of Appendix to Title 50 War and 

National Defense 

Ex Olm No 10104 DEFINITIONS OF VITAL MILrl'A!!Y ANJJ 

NAVAL INSTALLATIONS AND EQ'OJPMENT 

Ex Ord No 10104 Feb 1 1960 15 P' R 597 provided 

Now therefore by virtue of the authority vested 1n me 

by the foregoing statutory prov!s!o".& and 1n the Interests 

Of national defense I hereby define the following as vital 

military and naval lnstahatlons or equipment requiring 

protection against the general dissemination of informs 

tion relative thereto 

1 All milltary naval or air-force installations and 

equipment v.hich are now classified designated or marked 

under the authority or at the direction of the President 

the Secretary of Defense the Secretary of the Army the 

Secretary of the Navy or the Secretary of the Air Force as top secret secret confiden tlal or restricted 

and all m1lltary naval or air-force Installations and 

equipment which may hereafter be so classified deslg 

page 2399 TITLE 18 --cRIMINAL CODE AND CRIMINAL PROCEDURE §798 

nated or marked with the approval or at the direction of 

the PreSldcnt and located within 

{a) Any mllltary naval or air-force reservation post 

arsenal proving ground range mine field camp base 

111rfl.eld fort yard station district or area 

(bl Any defensive sea area heretofore established by 

i::xecut1ve order and not subsequently discontinued by 

Executive order and any defensive sea area hereafter 

established under authority of section 2152 of title 18 

of the United States Code 

(c) Any airspace reservation heretofore or hereafter 

established under authority of section 4 of the Air Com- merce Act of 1926 (44 Stat 570 49 U S C 174l except 

the airspace reservation established by Executive Order 

'lo 10092 of December 17 1949 

(d) Any naval harbor closed to foreign vessels 

(el Any area required for fleet purposes 

tf) Any commercial establishment engaged In the development or manufacture of classified military or naval arms munitions equipment designs ships aircraft or 

vessels for the United States Axmy Navy or Air Force 

2 All mll1tary naval or air-force aircraft weapons ammunition vehicles ships vessels Instruments engines 

manu'acturlng machinery tools devices or any other 

equipment whatsoever In the possession of the Mmy 

Navy or Air Force or in tbe course of experimentation 

development manufacture or delivery for the Army 

Navy or Air Force which are now classified designated or marked under the authority or at the direction of the 

President the Secretary of Defense the Secretary of the 

Army the Secretary of the Navy or the Secretary of the 

o\ir Force as top secret secret confidential or re- stricted and all such articles materials or equipment 

which may hereafter be so classified designated or marked with the approval or at the direction of the 

President 

3 All omclal military naval or air-force books pamphlets documents reports maps charts plans designs 

models drawings photographs contracts or soec11ications 

which are now marked under the authority or at the 

direction of the President the Secretary of Defense the 

Secretary of the Army the Secretary of the Navy or the 

Secretary of the Air Force as top secret secret conildentlal or restricted and all such articles or equipment which may hereafter be so marked with the approval 

or at the direction of the President 

This order supersedes Executive Order No 8381 of March 

22 1940 entitled Defining Certain Vital :Military and 

Naval Installations and Equipment 

§796 Ui.e of aircraft for photographing defense mstallat.J.ons 

Whoever uses or permits !.he use of an aircraft or 

any contrivance used or designed for navigation or 

:flight in the a1r for the purpose of makmg a photograph sketch picture drawmg map or graphical 

representation of vital military or naval mstallat1ons 

or equipment m v10lat1on of section '195 of this title 

shall be fined not more than $1 000 or imprisoned not 

more than one year or both <June 25, 1948, ch 645. 

§ 1, 62 Stat '138 ) 

LEGISLATIVll: IDs'l'Oln' 

.Retnser 11 Note--Based on sectl.ons 45 45a and 46c of 

title 60 U s C 1940 ed War and National Defense (Jan 

12 1938 ch 2 §§ 1 2 4 52 Stat S 4) 

Reference to persons causing or procuring was omitted 

as unnecessary in view of definition of principal ' in section 2 of this title 

Punishment provided by section 795 of this title ls repeated and is f'rom said section 45 of title 60 'O' S 0 

1940 ed 

Minor cllanges were made 1I1 phraseology 

CANAL Zom: 

Applicabllity of section to Canal Zone, see section 14 of 

this title 

§ 797 Pubhcation and sale of photographs of defense 

installations 

On and after thirty days from the date upon which 

the President defines any v1tal mihtary or naval installation or equipment as bemg withm the category contemplated under section '195 of trus title 

whoever reproduces publishes sells, or gives away 

any photograph sketch picture drawing map or 

graphlcal representation of the v1tal nul1tary or 

naval mstallations or equipment so defined, without first obta1mng permission of the commanding 

officer of the nnlitary or naval post camp or station concerned or higher authority, unless such 

photograph, sketch, picture drawing map or graphical representation has clearly mdicated thereon that 

it has been censored by the proper nulitary or naval 

authority shall be fined not more than $1,000 or 

imprisoned not more than one year, or both (June 

25, 1948 ch 645 § 1 62 Stat 738 ) 

LEGISLATIVE Hls'l'ORY 

BevSBer'a Note -Based on sections 46 and 45b of title 

50, 'O' S Cl 1940 ed War and National Defense (Jan 12 

1938 ch 2 §§ 1 S 52 Stat 3) 

Punishment provision of section 45 of title 50 U s C 

1940 ed War and National Defense is repeated Words 

upon conviction were deleted as surplusage since punishment cannot be Imposed until a conviction Is secured 

Ml.nor changes were made ln ph1aseology 

CANAL ZoNE 

Appllcabll1ty of section to Canal Zone see section 14 of 

this title 

§ 798 Disclosure of Classified Information 

Ca) Whoever know.mgly and willfully communicates furnishes transmits, or otherwise makes 

available to a.n unauthorized person or publishes or 

uses m any manner preJudlciaI to the safety or interest of the Umted States or for the benefit of any 

foreign government to the detrunent of the United 

States any classified informationCl) concerning the nature preparation or use of 

any code cipher, or cryptographic system of the 

United States or any foreign government, or 

<2> concerning the deSlgn construction use 

maintenance or repair of any device, apparatus or 

apphance used or prepared or planned for use by lihe 

United States or any foreign government for cryptographic or commumcat1on intell!gence purposes, or 

C3) concermng the commumcation mtelhgence 

activities of the United States or any foreign government, or 

<4> obtamed by the process of communication 

mtell1gence from the commumcations of any foreign 

government knowing the same to have been ob-

- tain.ed by suc1l processes--

Shall be fined not more than $10 000 or unprisoned 

not more than ten years or both 

Cb> As used m subsection <a> of thIS sectionThe term "classified information means information which at the time of a violation of this section, 

IS for reasons of national security specifically designated by a Umted States Government Agency for 

hmited or restncted dissemination or distribution, 

The terms "code " "cipher • and "cryptographic 

system include in their meanings in addition to 

thell' usual meamngs, any method of secret writinS 
§ 831 

REF ID:A40491 

TITLE 18 -CRIMINAL CODE AND CRIMINAL PROCEDURE Page 2400 

and any mechamcal or electrical device or method 

used for the purpose of disguising or concealing the 

contents Slgnificance or mearungs of communications 

'The term "fo1elgn government includes in its 

mearung any person or persons acting or purportmg to act for or on behalf of any faction party 

department agency bureau or military force of or 

within a foreign country or for or on behalf of any 

government or any person or persons purporting to 

act as a government within a foreign country 

whether or not such government ls recognized by the 

Uruted States 

The term communication intelligence means all 

procedures and methods used in the interception 

of communications and the obtairung of information from such communications by other than the 

intended recipients 

The term unauthorized person" means any person who or agency which ls not authorized to receive information of the categories set forth in subsection <a> of this section by the President or by 

the head of a department or agency of the United 

States Government which is expressly designated 

by the President to engage in communication intelllgence activities for the United States 

<c> Nothmg in this section shall prohibit the 

furnishing upon lawful demand of information to 

any regularly constituted committee of the Senate 

or House of Representatives of the Umted States of 

America or Joint committee thereof <Added Oct 

31 1951, ch 655 § 24 ca> 65 Stat 719 > 

CROSS REFERENCES 

Disclosure of classifl.ed information by Government om- cer or employee see section '783 (b) (d) of Title 50 War 

and National Defense 

Chapter 39.-EXPLOSIVES AND COMBUSTIBLES 

Sec 

831 Detlnltlons 

832 Transportation of dynamite powder nnd :ruses. 

833 Transportation of nitroglycerin 

834 Marking packages containing explosives 

835 Regulations by Interstate Commerce Commission 

§ 831 Defimt1ons 

A1s used in this chapterDetonating fUZes' means fuzes used in naval or 

military service to detonate the high-explosive bursting charges of projectiles mines bombs, or torpedoes 

'Fuzesh means devices used in igruting the bursting charges of projectiles, 

' Primers means devices used m lgruting the propelling powder charges of ammunition, 

'Fuses ' means the slow-burrung fuses used commercially -to convey fire to an explosive combustible 

mass slowly or without danger to the person lighting 

same, 

"Fusees ' means the fusees ordinarily used on 

steamboats and railroads as night signals <June 

25 1948 ch 645 § 1 62 Stat 738 > 

LEGISLATIVE llisToKY 

Reviser's Nate -Based on title 18 U S C 1940 ed , 

1.382 (Mar 4, 1909, ch 321 I 232 35 Stat 1134, Mar 4 1921, 

ch 172 41 Stat 1444 Oct 9 1940 ch 'lTl § 6 (a) 6! 

Stat 1028) 

Ml.nor changes In phraseology were made 

Caoss REFERENCES 

carrying explosives on passenger vessels see section 

1'70 of Title 46 Shipping 

Explosives or dangerous weapons aboard vessels see 

sections 22'7'7 and 22'78 of this title 

§ 832 Transportation of dynamite, powder and fuses. 

Whoever knowingly transports, carries or conveys 

witlun the lmuts of the Jurisdiction of the United 

States any high explosive such as and including 

dynamite blasting caps detonating fuzes black 

powder gunpowder or other llke explosive on any 

car or vehicle of any descriptaon operated in the 

transportation of passengers by a common carrier 

engaged in interstate or foreign commerce which 

car or velucle is cariying pasc:engers for hire shall 

be fined not more than $1 000 or lmpnsoned not 

more than one year or both and if the death or 

bodily inJury of any person results from a violation 

of this section shall be fined not more than $10 000 

or Imprisoned not more than ten ~ears or both 

However under this section it shall be lawful 

to transport on any such car or vehicle smokeless 

powder primers fuses not mcludmg detonating 

fuzes :fireworks or other similar explosives, and 

properly packed and marked samples of explosives 

for laboratory examination not exceeding a net 

weight of one-half pound each and not exceeding 

twenty samples at one time m a single car or ve 

hicle, but such explosives shall not be carried m 

that part of a car or velucle which ls bemg used for 

the transportation of passengers for bile Also it 

shall be lawful to transport on any such car or velucle small-arms ammurutlon m any quantity and 

such fusees torpedoes rockets or other signal de 

vices as may be essential to promote safety in opera.· 

tlon This section shall not prevent the transportation of military or naval forces with their accompanying munitions of war on passenger-equipment 

cars or vehicles <June 25 1948 ch 645, § 1, 62 

Stat 738) 

LEGISLATIVE HlsToaY 

Revisers Note -Based on title 18 U S C 1940 ed 

§§ 882 885 and 888 (Mar 4 1909 ch 821 §§ 232 285 

and 286 85 Stat 1134-1136 Mar 4 1921 ch 172 41 Stat 

1445 OCt 9 1940 ch '7'77 § 6 (a) (c) 54 Stat 1028) 

Reference to persons causing or procuring was omitted 

as unnecessary In view of defl.nltlon of • principal In section 2 of this title 

Section consolidates last sentence of said section 885 

with said section 886 a! title 18 U S C 1940 ed 

The punishment provision for the lesser offense not 

Involving death or bodily Injury was reduced from 12 000 

fl.ne or 18 months Imprisonment or both to $1 000 fl.ne 

or 1-year Imprisonment or both so as to render the pun 

lshment more in consoJ].ance wJth thP Qffense d,eftned 

and with other sections In this title which defl.ne com 

parable misdemeanors The former provision for maJI 

mum imprisonment of 18 months with the consequent 

requirement for prosecution by Indictment and the stigma 

of commission of a felony upon conviction appeared out 

of all proportion to the gravity of the offense 

Changes were made In phraseology and arrangement 

Caoss REl'DENCES 

Appropriations see section 1'70b of Title 46 Shipping 

Carrying explosives on board vessel, see section 112'1'7 

of this title 

pgge 2401 TITLE 18 -CRIMINAL CODE AND CRIMINAL PROCEDURE § 835 

Carrying explosives on passenger vessels see section 

1'70 of Title 46 Shipping 

Transportation by vessels of gasoline or other Inflammables see section 170 of Title 46 Shipping 

§ 833 Transportation of mtroglycenn 

Whoever knowingly transports carries or conveys within the Jurisdiction of the United States, 

l!qwd nitroglycerin fulminate m bulk in dry condition, or other like explosive, on any car or vehicle 

of any description operated in the transportation of 

passengers or property by land or water by a common carrier engaged in interstate or foreign commerce shall be fined not more than $1 000 or imprisoned not more than one year or both and if 

the death or bodily mJury of any person results 

from a violation of this section shall be fined not 

more than $10 000 or imprisoned not more than ten 

years or both <June 25 1948 ch 645 § 1 62 Stat 

739) LEGISLATIVE HISTORY 

Rei.iser s Note -Based on title 18 U S C 1940 ed 

§§ 384 385 and 886 (Mar 4 1909 ch 821 §§ 284 285 

and 236 35 Stat 1135 1186 Mar 4 1921 ch 1'72 41 Stat 

1445 Oct 9 1940 ch '1'7'7 § 6 (a) (c) 54 Stat 1028) 

Section consolidates last sentence of said section 885 

with said sections 884 and 386 of title 18 U S C 1940 ed 

Reference to persons causing or procuring was omitted 

as unnecessary In view of definition of principal In 

section 2 of this title 

The punishment provision for the lesser offense not 

mvolvlng death or bodily Injury was reduced from $2 000 

fl.ne or 18 months lmprlSOnment or both to 11 000 fl.ne 

or 1-year imprisonment or both (See revisers note under section 832 of this title ) 

Minor changes were made In phraseology 

CKoss REFEK!:NCES 

Appropriations see section 1'70b of Title 46 Shipping 

Carrying explosives on board vessel see section 22'7'7 

of this title 

Carrying explosives on passenger vessels see section 

170 of Title 46 Shipping 

§ 834 Marlang packages contammg explosives 

Whoever knowingly delivers t.o any common carrier engaged in interstate or foreign commerce by 

land or water or carnes upon any car or vehicle 

operated by any common earner engaged in interstate or foreign commerce by land any explosive 

or other dangerous article specrlled in section 832 

of this title under any false or deceptive marklng 

description invoice shipping order or other declaration or without informing the agent of such carrier 

in writing of the true character thereof at or before 

the time such delivery or carriage ls made or Without plainly markl.ng on the outside of every package 

containing explosives or other dangerous articles 

the contents thereof shall be fined not more than 

$1 000 or imprisoned not more than one year or 

both and, if the death or bodily injury of any person resul&s 1rom a viola&ion 01 &nis sec&ion, snail be 

fined not more than $10 000 or imprisoned not more 

than ten years or both <June 25, 1948, ch 645, 

§ 1 62 Stat 739 > 

LEGISLATIVE HISTORY 

Reviser's Note -Based on title 18 U S C 1940 ed 

§§ 885 and 386 (Mar 4 1909 ch 321 II 235 and 286 35 

Stat 1185 1136 Mar 4 1921 ch 1'72 U Stat 1445 Oct 

9 1940 ch '7'7'7 § 6 (a) (c) 54 Stat 1028 ) 

Section consolidates sections 385 and 386 of title 18 

us c 1940ed 

24626°-53-vol 2--52 

Reference to persons causing or procuring was omitted 

as unnecessary In view of defl.nltlon of principal In 

section 2 of this title 

The punishment provision for the lesser offense not 

Involving death or bodily Injury was reduced from $2 ooo 

fl.ne or 18 months Imprisonment or both to $1 ooo fl.ne or 1-year Imprisonment or both (See revisers note un- der section 832 of this title ) 

Changes were made In phraseology 

§ 835 Regulations by Interstate Commerce Commission 

The Interstate Commerce Commission shall formulate regulations for the safe transportation witlun 

the limlts of the Jurisdiction of the Umted States of 

explosives and other dangerous articles including 

fiammable liquids, fiammable sollds oxidlZlng materials corrosive liqUids, compressed gases and poisonous substances which shall be binding upon all 

common carriers engaged in interstate or foreign 

commerce wluch transport explosives or other dangerous articles by land, and upon all sluppers making shipments of explosives or other dangerous articles via any common carrier engaged in interstate 

or foreign commerce by land or water 

The commission ol lts own motion or upon appllcation made by any interested party may make 

changes or modifications in such regulations made 

desirable by new information or altered conditions 

Such regulations shall be in accord with the bestknown practicable means for securing safety in 

transit, covering the pa.eking marking loading 

handling while m transit and the precautions necessary to determine whether the material when offered 

is in proper condition to transport 

Such regulations as well as all changes or modifications thereof shall unless a shorter time is authorized by the commission, take effect mnety days 

after their formulation and publication by said commission and shall be in effect until reversed, set asiae, 

or modified 

In the execution of sections 831--835 of this title 

the Interstate Commerce Commission may utiliZe 

the services of the Bureau for the Safe Transportation of Explosives and Other Dangerous Articles 

and may avail itself of the advice and asslStance of 

any department commission or board of the Government, but no oflicial or employee of the United 

States shall receive any additional compensation for 

such service except as now permitted by law 

Whoever knowingly violates any such regulation 

shall be fined not more than $1000 or imprisoned not 

more than one year or both, and if the death or 

bodily inJury of any person results from such violation shall be fined not more than $10 000 or 

lDlprlsoned not more than ten years or both (June 

25 1948 ch 645, § 1, 62 Stat 739 > 

LEGISLATIVE HISTORY 

Reviser s Note -Based on title 18 U S C 1940 ed 

§§ 383 385 and 386 (Mar 4 1909 ch 821 §§ 283 235 and 

286 85 Stat 1185 1136 Mar 4 1921 ch 1'72 41 Stat 

1445 Oct 9 1940 ch '7'77 § 6 54 Stat 1028) 

Section consolidates last sentence of section 885 with 

sections 383 and 386 of title 18 U S C 1940 ed 

Reference to persons causing or procuring was omitted 

as unnecessary In view of defl.nltlon of principal In 

section 2 of this title 

The punishment for the lesser offense not Involving 

death or bodily Injury was reduced from $2 000 :llne or 
§ 199.:! 

passes upon or enters upon any railroad train rBJ.1-

road car or railroad locomotive with the intent to 

commit murder or robbery shall be fined not more 

than $5 000 or imprisoned not more than twenty 

years, or both 

Whoever within such jurisdiction willfully and 

mallciously trespasses upon or enters upon any railroad tram rallroad car or railroad locomotive with 

intent to coml?llt any unlawful violence upon or 

against any passenger on said tram or car or upon 

or against any engineer conductor fireman brakeman or any omcer or employee connected with said 

locomotive tram or car or upon or against any express messenger or mail agent on said tram or in any 

car thereof or to commit any crime or offense 

against any person or property thereon shall be 

fined not more than $1 000 or imprisoned not more 

than one year or both 

Upon the trial of any person charged with any 

offense set forth in this section it shall not be necessary to set forth or prove the particular person 

against whom it was intended to comnut the offense 

or that it was intended to commit such offense against 

any particular person <June 25, 1948, ch 645, § 1, 

62 Stat 794 > LEGISLA'l'IVE HlsTORY 

Revisers Note -Based on title 18 U S C 1940 ed 

t 522 (Mar 4 1909 ch 321 § 322 35 Stat 1150) 

After the word Whoever the following was inserted 

in any Territory or District or within or upon any place 

within the exclusive jurisdiction of the United States as 

based upon the express provisions of title 18 U S C 

1940 ed § 511 wherein this section is made applicable 

only in any Territory or District or within or upon any 

place withm the ezclusive jurisdiction of the United 

States 

Words whoever shall counsel aid abet or assist in the 

perpetration of any of the offenses set forth in this section 

shall be deemed to be a principal therein were omitted as unnecessary Such persons are made principals by 

section 2 of this title 

Minor changes also were made in phraseology 

CROSS B.!:n:BENCES 

Larceny etc of goods from railroad car or station see 

section 659 of this title 

Railroad car entered or seal broken see section 2117 of 

this title 

§ 1992 Wreclang trams 

Whoever wlllfully derails disables or wrecks any 

train engine motor unJt or car used operated or 

employed in interstate or foreign commerce by any 

railroad, or 

Whoever w11lfully sets fire to or places any explOSive substance on or near or undermines any 

tunnel bridge viaduct trestle track signal station 

depot warehouse terminal or any other way structure property or appurtenance used m the operation 

of any such rallroad m mterstate or foreign commerce or otherwise makes any such tunnel, bridge 

viaduct trestle track signal station depot, warehouse terminal or any other way structure, property or appurtenance unworkable or unusable or 

hazardous to work or use with the intent to derail 

disable or wreck a tram, engine, motor umt or car 

used operated or employed m interstate or foreign 

commerce, or 

REF ID:A40491 

Whoever w111fully attempts to do any of the afore 

said acts or thmgsShall be fined not more than $10 000 or imprlSoned 

not more than twenty years or both 

Whoever is convicted of any such crime which has 

resulted m the death of any person shall be subJect 

also to the death penalty or to imprisonment for life 

if the Jury shall in its discietion so direct or in the 

case of a plea of gullty, if the court ln its discretion 

shall so order 

A Judgment of conviction or acquittal on the ment.s 

under the laws of any State shall be a bar to any 

prosecution hereunder for the same act or act.s 

(June 25 1948 ch 645, § 1, 62 Stat 794 > 

LEGISLATIVE HISTOKY 

Reinser s Note -Based on title 18 U S C 1940 ed 

§ 412a (June 8 1940 ch 286 54 Stat 256) 

First clause in second paragraph of said section 412a 

of title 18 U S C 1940 ed was omitted as covered by 

section 3231 of this title 

Words and on conviction thereof' were omitted a. surplusage since punishment cannot be imposed until 

a conviction ls secured 

Chapter 99 -RAPE 

sec 

2031 Special maritime and territorial j'Urisdlctlon 

2032 Carnal knowledge of female under 16 

§ 2031 Special mar1bme and terntor1al JUrisd1ction. 

Whoever, within the spemal maritime and terntorial jurisdiction of the United States commit.s 

rape shall suffer death or nnpnsonment for any 

term of years or for life CJune 25 1948 ch 645 

§ 1, 62 Stat '195 > 

LEGISLATIVE HISTORY 

Beviser s Note -Based on title 18 lJ' S C 1940 ed 

§ 457 (Mar 4 1909 ch 321 § 278 35 Stat 1143) 

Words within the special maritime and territorl.al 

jurisdiction of the United States were added to restrict 

the place of the offense to those places described In 

section 451 of title 18 U S C 1940 ed now section 7 

of this title 

Minor changes were made. in phraseology 

Cnoss REFERZNCES 

Rape by or upon Indians see sections 1153 and 3:142 Of 

this title 

§ 2032 Carnal knowledge of female under 16 

Whoever withm the special maritime and territorial jurisdiction of the United States carnally 

knows any female not hls wife '1tho has not attained 

the age of sixteen years shall for a :first offense be 

imprisoned not more than fifteen years and for a 

subsequent offense be imprJSoned not more than 

thirty years <June 25 1948 ch 645 § 1, 62 Stat. 

795) 

LEGISLATIVE HlS'rORY 

Revisers Note -Based on title 18 U S C 1940 ed. 

§ 458 (Mar 4 1909 cb, 321 § 279 35 Stat 1143) 

Wo•.d.& within the specl&l marltl.Ine and territorial 

jurisdiction of the United States were added to restnc' 

the place of the offense to those places described In 

section 451 of title 18 U S c 1940 ed now section 'I 

of this title 

Words not his wife were inserted and word unl.aW 

fully was deleted to make section more exphcit 

Words or shall be accessory to such carnal and UD 

lawful knowledge before the fact were delet.ed as unnec 

essary in view of section 2 of this title defining prinoipal& 

Minor changes were also made 1n phraseology 

Uiapter !Ul ----tt.l!.\.UltIJ:::, AN lJ K.M'UH.TS 

Sec 

2071 Concealment removal or mutilation generally 

2072 False crop reports 

2073 False entries and reports Of moneys or securities 

2074 False weather reports 

2070 omcer fa1llng to make returns or reports 

2076 Clerk of United States District Court 

Caoss REn:1tzNCES 

War contract records see section 443 of this tltie 

§ 2071 Concealment, removal, or muhlatJ.on generally 

Ca) Whoever wlllfully and unlawfUlly conceals 

removes mutilates obhterates or destroys or attemr.ts to do so or with mtent to do so takes 

and carries a way any record proceeding map book 

paper document or other thing :flled or deposited 

with any clerk or ofll.cer of any court of the Umted 

states or m any pubhc ofll.ce or with any Judicial or 

publlc ofll.cer of the United States shall be :fined not 

more than $2 000 or imprJSoned not more than three 

years or both 

Cb) Whoever having the custody of any such 

record proceedmg map book document paper or 

other thing willfUlly and unlawfUlly conceals removes mutilates obliterates falslfies or destroys 

the same shall be fined not more than $2 000 or 

imprisoned not more than three years or both, and 

shall forfeit his ofll.ce and be disqualified from holding any ofi.ce under the United States <June 25, 

1948, ch 645, § 1, 62 Stat 795 > 

LEGISLATIVE HlsTORY 

Betiser a Note -Based on title 18 U S C 1940 ed 

I§ 234 235 (Mar 4 1909 ch 821 §§ 128 129 35 Stat 1111 

1112) 

Section consolidates sections 234 and 235 of title 18 

Us c 1940ed 

Reference In subsection (a) to Intent to steal was 

omitted as covered by section 641 of this title 

Minor changes were made In phraseology 

CRoss REFJ:aENCES 

Disqualifl.catlon from holding any oftl.ce Of honor trust 

or profit additional grounds for see sections 202 205 206 

207 216 281 282 592 593 1901 2381 2385 and 2387 Of 

this title 

Theft ofCourt record or process see section 1506 of this title 

Records see section 641 of this title 

War contract records see section 443 Of this title 

§ 2072. False crop reports 

Whoever, being an ofll.cer or employee of the United 

States or any of its agencies, whose duties reqwre 

the compilation or report of statistics or information relating to the products of the sell knowingly 

compiles for issuance or issues any false statistics 

or information as a report of the United States or 

any of its agencies shall be fined not more than 

$5 000 or unprJSoned not more than five years, or 

both ,June 25 1948, ch 645, § 1, 52 Stat '795 > 

LEGISLATIVE lnsTORY 

BeVlser B Note -Based on title 18 U s C 1940 ed. 

§ 215 (Mar 4 1909 ch 821 § 124 35 Stat 1111) 

Words or any of its agencies were Inserted after 

United States so as to ehminate any possible ambiguity as to scope of section (See defl.nitive section 6 of 

this title) 

Minor changes were made in phraseology 

.!4626 -113-\ ol 2--116 

§ 2073 False entries and reports of moneys or securities 

Whoever bemg an officer clerk agent or other 

employee of the Umted States or any of its agencies 

charged with the duty of keeping accounts or records 

of any kind, with intent to deceive mislead, mJure or 

defraud makes m any such account or recoid any 

false or fictitious entry or record of any matter relating to or connected with his duties, or 

Whoever being an ofll.cer clerk agent or other 

employee of the Umted States or any of its agencies 

charged with the duty of receiving holding or paying over moneys or securities to for or on behalf 

of the United States or of recemng or holding m 

trust for any person any moneys or securities with 

like mtent makes a false report of such moneys or 

securitiesShall be fined not more than $5 000 or imprisoned 

not more than ten years or both <June 25 1948 

ch 645 § 1, 62 Stat 795 > 

LEGJSLATIVI: HISTOKY 

Reviser's Note.-Based on title 18 U S C 1940 ed 

§ 189 (Mar 4 1911 ch 270 36 Stat 1355) 

Words or any of Its agencies were Inserted after 

United States so as to ellmlnate any possible ambiguity 

as to scope Of section (See definitive section 6 of this 

title) 

References to persons aiding and abetting were omitted 

Such persons are principals under section :.ii of this title 

Minor verbal changes were made 

§ 2074 False weather reports 

Whoever knowingly issues or publishes any counterfeit weather forecast or warning of weather conditions falsely representing such forecast or warning to have been issued or published by the Weather 

Bureau United States Signal Sei-vice or other branch 

of the Government service shall be fined not more 

than $500 or imprisoned not more than ninety days 

or both CJune 25 1948 ch 645 § 1 62 Stat 795 l 

LEGISLA'l'IY.t HISTORY 

Beviser's Note-Based on title 18 U S C 1940 ed 

f 117 (M:ar 4 1909 ch 321 I 61 35 Stat 1100) 

Minor verbal changes were made 

Ta.ufSJD OF F't1NCTIONS 

The !unctions of all other omcers of the Department 

of Commerce and all :functions of all agencies and em- ployees of such Department were with a few ezceptlons 

transferred to the Secretary of Commerce with power 

vested in him to authorize their performance or the J)el'-

formance of any of his functions by any of such omcera 

agencies and employees by 1950 Reorg Plan No 5 H 1 

2 eff :May 24 1950 15 F R 8174 64 Stat 1263 set out In 

note under section 591 of Title 5 Ezecutive Departments 

and Government 0111.cers and Employees The Weather 

Bureau referred to in this section ls a bureau of the Department of Commerce 

§ 2Al75 Officer fading to make returns or reports 

Every ofll.cer who neglects or refuses to make any 

return or report which he is reqw1ed to make at 

stated t ires bJ any Act of Corigr.ess or reguiation 

of the Department of the Treasury other than hls 

accounts within the time prescribed by such Act or 

regulation shall be fined not more than $1 000 

<June 25, 1948 ch 645 § 1 62 Stat 796 > 

LEGISLATIV!: HISTORY 

Bevt!er s Note -Based on title 18 U S C 1940 ed , 

1188 (Mar 4 1909 ch 821 i 101 85 Stat 1107)