SECTION E - OFFENSES AGAINST POSTAL SERVICE
27. Obstruction of Correspondence. Whoever takes any letter,
postal card or package out of any post office or any authorized
depository for mail matter, or from any letter or mail carrier, or which
has been in any post office or authorized depository, or in the custody
of any letter or mail carrier, before it has been delivered to the
person to whom it was directed, with design to obstruct the
correspondence, or to pry into the business or secrets of another, or
opens, secretes, embezzles, or destroys the same, shall be fined not
more than $2,000 or imprisoned not more than five years, or both. (See
Act of June 25, 1948 (62 Stat. 778); 18 U.S.C. 1702.)
28. Theft or Receipt of Stolen Mail Matter
Generally:
a. Whoever steals, takes, or abstracts, or by fraud or
deception obtains, or attempts so to obtain, from or out of any mail,
post office, or station thereof, letter box, mail receptacle, or any
mail route or other authorized depository for mail matter or from a
letter or mail carrier, any letter, postal card, package, bag, or mail,
or abstracts or removes from any such letter, package, bag, or mail any
article or thing contained therein or secretes, embezzles, or destroys
any such letter, postal card, package, bag, or mail, or any article or
thing contained therein; or
b. Whoever steals, takes, or abstracts, or by fraud or
deception obtains any letter, postal card, package, bag, or mail, or any
article or thing contained therein which has been left for collection
upon or adjacent to a collection box or other authorized depository of
mail matter; or
c. Whoever buys, receives, or conceals, or unlawfully
has in his possession, any letter, postal card, package, bag, or mail,
or any article or thing contained therein, which has been so stolen,
taken, embezzled or abstracted, as herein described, knowing the same to
have been stolen, taken, embezzled or abstracted-
d. Shall be fined not more than $2,000 or imprisoned not
more than five years, or both.
(See Act of June 25, 1948 (62 Stat. 779); 18 U.S.C.
1708.)
29. Letters and Writings as Nonmailable; Opening
Letters:
a. Every letter, writing, circular, postal card,
picture, print, engraving, photograph, newspaper, pamphlet, book, or
other publication, matter or thing, in violation of sections 499, 506,
793, 794, 915, 954, 956, 957, 960, 964, 1017, 1542, 1543, 1544, or 2388
of title 18, United States Code, or which contains any matter advocating
or urging treason, insurrection, or forcible resistance to any law of
the United States, is nonmailable and shall not be conveyed in the mails
or delivered from any post office or by any letter carrier.
b. Whoever uses or attempts to use the mails or Postal
Service of the United States for the transmission of any matter declared
by this paragraph to be nonmailable, shall be fined not more than $5,000
or imprisoned not more than ten years, or both.
c. No person other than a duly authorized employee of
the Dead Letter Office, or other person upon a search warrant authorized
by law, shall open any letter not addressed to himself.
(See Act of June 25, 1948 (62 Stat. 782); 18 U.S.C.
1717.)
30. Offenses Begun in One District and Completed in
Another:
a. Except as otherwise expressly provided by enactment
of Congress, any offense against the United States begun in one district
and completed in another, or committed in more than one district, may be
inquired of and prosecuted in any district in which such offense was
begun, continued or completed.
b. Any offense involving the use of the mails, or
transportation in interstate or foreign commerce, is a continuing
offense and, except as otherwise expressly provided by enactment of
Congress, may be inquired of and prosecuted in any district from,
through, or into which such commerce or mail matter moves.
(See Act of June 25, 1948 (62 Stat. 826); 18 U.S.C.
3237.)
SECTION F-TRADING WITH THE ENEMY ACT OF 1917
31. Acts Prohibited. It shall be unlawful:
a. For any person in the United States, except with the
license of the President, granted to such person, or to the enemy, or
ally of enemy, as provided in this Act, to trade, or attempt to trade,
either directly or indirectly, with, to, or from, or for, or on account
of, on behalf of, or for the benefit of, any other person, with
knowledge or reasonable cause to believe that such other person is an
enemy or ally of enemy, or is conducting or taking part in such trade,
directly or indirectly, for, or on account of, or on behalf of, or for
the benefit of, an enemy or ally of enemy.
b. For any person, except with the license of the
President, to transport or attempt to transport into or from the United
States, or for any owner, master, or other person in charge of a vessel
of American registry to transport or attempt to transport from any place
to any other place, any subject or citizen of an enemy or ally of enemy
nation, with knowledge or reasonable cause to believe that the person
transported or attempted to be transported is such subject or citizen.
c. For any person (other than a person in the service of
the United States Government or of the Government of any nation, except
that of an enemy or ally of enemy nation, and other than such persons or
classes of persons as may be exempted hereunder by the President or by
such person as he may direct), to send, or take out of, or bring into
the United States, any letter or other writing or tangible form of
communication, except in the regular course of the mail; and it shall be
unlawful for any person to send, take or transmit out of the United
States, any letter or other writing, book, map, plan, or other paper,
picture, or any telegram, cablegram, or wireless message, or other form
of communication intended for or to be delivered, directly or
indirectly, to an enemy, or ally of enemy: Provided, however, that
any person may send, take, or transmit out of the United States anything
herein forbidden if he shall first submit the same to the President, or
to such officer as the President may direct, and shall obtain the
license or consent of the President, under such rules and regulations,
and with such exemptions, as shall be prescribed by the President.
d. Whenever, during the present war, the President shall
deem that the public safety demands it, he may cause to be censored
under such rules and regulations as he may from time to time establish,
communications by mail, cable, radio, or other means of transmission
passing between the United States and any foreign country he may from
time to time specify, or which may be carried by any vessel or other
means of transportation touching at any port, place, or territory of the
United States and bound to or from any foreign country. Any person who
willfully evades or attempts to evade the submission of any such
communication to such censorship or willfully uses or attempts to use
any code or other device for the purpose of concealing from such
censorship the intended meaning of such communication shall be punished
as provided in Section 16 of this Act.
(See section 3, Act of October 6, 1917 (40 Stat. 412);
50 U.S.C. App. 3.)
SECTION G - COORDINATION OF FEDERAL REPORTING SERVICES
32. Unlawful Disclosure of Information;
Penalties;
Release of Information to Other Agencies:
a. In the event that any information obtained in
confidence by a Federal agency is released by that agency to another
Federal agency, all the provisions of law, (including penalties) which
relate to the unlawful disclosure of any such information shall apply to
the officers and employees of the agency to which such information is
released to the same extent and in the same manner as such provisions
apply to the officers and employees of the agency which originally
obtained such information; and to the officers and employees of the
agency to which the in formation is released shall in addition be
subjected to the same provisions of law (including penalties) relating
to the unlawful disclosure of such information as if the information had
been collected directly by such agency.
b. Information obtained by a Federal agency from any
person or persons may, pursuant to this paragraph, be released to any
other Federal agency only if:
(1) The information shall be released in the
form of statistical totals or summaries; or
(2) The information as supplied by persons to a
Federal agency shall not, at the time of collection, have been
declared by that agency or by any superior authority to be
"Confidential"; or
(3) The persons supplying the information shall
consent to the release of it to a second agency by the agency to
which the information was originally supplied; or
(4) The Federal agency to which another Federal
agency shall release the information has authority to collect
the information itself and such authority is supported by legal
provision for criminal penalties against persons failing to
supply such information.
(See section 4, Act of December 24, 1942 (56 Stat. 1079);
5 U.S.C. 139b.)
SECTION H - OFFENSES AGAINST OPERATIONS OF GOVERNMENT
32. False Personation; Officer or Employee
of United
States. Whoever falsely assumes or pretends to be an officer or
employee acting under the authority of the United States or any
department, agency, or officer thereof, and acts as such, or in such
pretended character demands or obtains any money, paper, document, or
thing of value, shall be fined not more than $1,000 or imprisoned not
more than three years, or both. (See Act of June 25, 1948 (62 Stat.
742); 18 U.S.C. 912.)
34. Embezzlement and Theft; Public Money, Property,
or Records:
a. Whoever embezzles, steals, purloins, or knowingly
converts to his use or the use of another, or without authority sells,
conveys, or disposes of any record, voucher, money, or thing of value of
the United States or of any department or agency thereof, or any
property made or being made under contract for the United States or any
department or agency thereof; or
b. Whoever receives, conceals, or retains the same with
intent to convert it to his use or gain, knowing it to have been
embezzled, stolen, purloined or converted
Shall be fined not more than $10,000 or
imprisoned not more than ten years, or both; but if the value of such
property does not exceed the sum of $100, he shall be fined not more
than $1,000 or imprisoned not more than one year, or both.
c. The word "value" means face, par, or market
value, or cost price, either wholesale or retail, whichever is greater.
(See Act of June 25, 1948 (62 Stat. 725); 18 U.S.C. 641.)
d. A person charged with receiving or concealing stolen
property may be tried either before or after the trial of the principal
offender.
(See Act of June 25, 1948 (62 Stat. 831); 18 U.S.C.
3435.)
35. Malicious Mischief; Government Property or
Contracts. Whoever willfully injures or commits any depredation
against any property of the United States, or of any department or
agency thereof, or any property which has been or is being manufactured
or constructed for the United States, or any department or agency
thereof, shall be punished as follows: If the damage to such property
exceeds the sum of $100, by a fine of not more than $10,000 or
imprisonment for not more than ten years, or both, if the damage to such
property does not exceed the sum of $100, by a fine of not more than
$1,000 or by imprisonment for not more than one year, or both. (See Act
of June 25, 1948 (62 Stat. 764); 18 U.S.C. 1361.)
36. Sabotage; Fortifications, Harbor Defenses, or
Defensive Sea Areas:
a. Whoever willfully trespasses upon, injures, or
destroys any of the works or property or material of any submarine mine
or torpedo or fortification or harbor defense system owned or
constructed or in process of construction by the United States; or
b. Whoever willfully interferes with the operation or
use of any such submarine mine, torpedo, fortification, or harbor
defense system; or
c. Whoever knowingly, willfully, or wantonly violates
any duly authorized and promulgated order or regulation of the President
governing persons or vessels within the limits of defensive sea areas,
which the President, for purposes of national defense, may from time to
time establish by Executive order
Shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
(See Act of June 25, 1948 (62 Stat. 799); 18 U.S.C.
2152.)
37. Entering Military, Naval, or Coast Guard
Property:
a. Whoever, within the jurisdiction of the United
States, goes upon any military, naval, or Coast Guard reservation, post,
fort, arsenal, yard, station, or installation, for any purposes
prohibited by law or lawful regulation; or
b. Whoever reenters or is found within any such
reservation, post, fort, arsenal, yard, station, or installation, after
having been removed therefrom or ordered not to reenter by any office or
person in command or charge thereof
Shall be fined not more than $500 or imprisoned not more
than six months or both.
(See Act of June 25, 1948 (62 Stat. 765); 18 U.S.C.
1382.)
38. Restrictions in Military Areas and Zones.
Whoever, contrary to the restrictions applicable thereto, enters,
remains in, leaves, or commits any act in any military area or military
zone prescribed under the authority of an Executive order of the
President, by the Secretary of the Army, or by any military commander
designated by the Secretary of the Army, shall, if it appears that he
knew or should have known of the existence and extent of the
restrictions or order and that his act was in violation thereof, be
fined not more than $5,000 or imprisoned not more than one year, or
both. (See Act of June 25, 1948 (62 Stat. 765); 18 U.S.C. 1383.)
NOTE: Functions and powers provided herein are vested
solely in the Secretary of the Army.
39. Security Regulations and Orders and Penalty for
Violation Thereof:
a. Whoever willfully shall violate any such regulation
or order as, pursuant to lawful authority, shall be or has been
promulgated or approved by the Secretary of Defense, or by any military
commander designated by the Secretary of Defense, or by the Director of
the National Advisory Committee for Aeronautics, for the protection or
security of military or naval aircraft, airports, airport facilities,
vessels, harbors, ports, piers, waterfront facilities, bases, forts,
posts, laboratories, stations, vehicles, equipment, explosives, or other
property or places subject to the jurisdiction, administration, or in
the custody of the Department of Defense, any Department or agency of
which said Department consists, or any officer or employee of said
Department or agency, or of the National Advisory Committee for
Aeronautics or any officer or employee thereof, relating to fire
hazards, fire protection, lighting, machinery, guard service, disrepair,
disuse or other unsatisfactory conditions thereon, or the ingress
thereto or egress or removal of persons therefrom, or otherwise
providing for safeguarding the same against destruction, loss, or injury
by accident or by enemy action, sabotage or other subversive actions,
shall be guilty of a misdemeanor and upon conviction thereof shall be
liable to a fine of not to exceed $5,000 or to imprisonment for not more
than one year, or both. Every such regulation or order shall be posted
in conspicuous and appropriate places. (See section 21, Subversive
Activities Control Act of 1950, Act of September 23, 1950 (64 Stat.
1005); 50 U.S.C. 797 as amended by Communist Control Act of 1954, Act of
August 24, 1954, Public Law 637 - 83rd Congress.)
b. The following is quoted from Department of Defense
Directive No.5200.8, dated 20 August 1954, signed by the Secretary of
Defense:
AUTHORITY OF MILITARY COMMANDERS UNDER THE INTERNAL
SECURITY ACT OF 1950 TO ISSUE SECURITY ORDERS AND REGULATIONS FOR THE
PROTECTION OF PROPERTY OR PLACES UNDER THEIR COMMAND.
a. "The following military commanders are hereby
designated as having the authority to promulgate the necessary
regulations pursuant to subparagraph a above:
"Commanding officers of all military
reservations, posts, camps, stations, or installations subject to
the jurisdiction, administration, or in the custody of the
Department of the Army; commanding officers of all naval ships,
stations, activities and installations; and commanding officers of
all Marine Corps posts, stations, and supply activities,, subject to
the jurisdiction, administration, or in the custody of the
Department of the Navy; and commanders of major air commands,
numbered air forces, air divisions, wings, groups and installations,
subject to the jurisdiction, administration, or in the custody of
the Department of the Air Force.
b. "Regulations promulgated by military commanders
designated hereby shall be in accordance with policies and procedures
relative thereto established by the Secretary of the Military Department
concerned.
c. "Regulations issued pursuant hereto shall be
posted in a conspicuous and appropriate place, and shall make
appropriate citation of this designation and the Public Law under which
the designation is made."
40. Possession of Property in Aid of Foreign
Government:
a. Whoever, in aid of any foreign government, knowingly
and willingly possesses or controls any property or papers used or
designed or intended for use in violating any penal statute, or any of
the rights or obligations of the United States under any treaty or the
law of nations, shall be fined not more than $1,000 or imprisoned not
more than ten years, or both.
(See Act of June 25, 1948 (62 Stat. 745); 18 U.S.C.
957.)
b. The term "foreign government" as used in
this paragraph includes any government, faction, or body of insurgents
within a country with which the United States is at peace, irrespective
of recognition by the United States.
(See Act of June 25, 1948 (62 Stat. 686); 18 U.S.C. 11.)
41. Robbery; Personal Property of the United States:
Whoever
robs another of any kind or description of personal property belonging
to the United States, shall be imprisoned not more than fifteen years.
(See Act of June 25, 1948 (62 Stat. 796); 18 U.S.C. 2112.)
42. Malicious Mischief; Communication Lines,
Stations, or Systems. Whoever willfully or maliciously injures or
destroys any of the works, property, or material of any radio,
telegraph, telephone, or cable line, station, or system, or other means
of communication, operated or controlled by the United States, whether
constructed or in process of construction, or willfully or maliciously
interferes in any way with the working or use of any such line, or
system, or willfully or maliciously obstructs, hinders, or delays the
transmission of any communication over any such line, or system, shall
be fined not more than $1,000 or imprisoned not more than three years,
or both. (See Act of June 25, 1948. (62 Stat. 764); 18 U.S.C. 1362.)
43. Forgery; Military, Naval, or Official Passes.
Whoever falsely makes, forges, counterfeits, alters, or tampers with any
naval, military, or official pass or permit, issued by or under the
authority of the United States, or with intent to defraud uses or
possesses any such pass or permit, or personates or falsely represents
himself to be or not to be a person to whom such pass or permit has been
duly issued, or willfully allows any other person to have or use any
such pass or permit, issued for his use alone, shall be fined not more
than $2,000 or imprisoned not more than five years, or both. (See Act of
June 25, 1948 (62 Stat. 712); 18 U.S.C. 499.)
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