§ 1361. — Government property or contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1361]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 65--MALICIOUS MISCHIEF
Sec. 1361. 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, or attempts
to commit any of the foregoing offenses, shall be punished as follows:
If the damage or attempted damage to such property exceeds the sum
of $1,000, by a fine under this title or imprisonment for not more than
ten years, or both; if the damage or attempted damage to such property
does not exceed the sum of $1,000, by a fine under this title or by
imprisonment for not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103-322, title XXXII,
Sec. 320903(d)(1), title XXXIII, Sec. 330016(1)(H), (L), Sept. 13, 1994,
108 Stat. 2125, 2147; Pub. L. 104-294, title VI, Secs. 601(a)(3),
605(e), 606(a), Oct. 11, 1996, 110 Stat. 3498, 3510, 3511.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 82 (Mar. 4, 1909, ch. 321,
Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18,
1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197).
The embezzlement and theft provisions of section 82 of title 18,
U.S.C., 1940 ed., are now incorporated in section 641 of this title.
Words ``or any corporation in which the United States of America is
a stockholder'' were omitted as unnecessary in view of definition of
``agency'' in section 6 of this title.
Designation of the place of confinement as ``in a jail'' was omitted
because section 4082 of this title commits all prisoners to the custody
of the Attorney General or his authorized representative, who shall
designate the place of confinement. (See reviser's note under section 1
of this title.)
The smaller penalty for offenses involving $50 or less was extended
to offenses involving $100 or less. The use of $50 as the dividing line
between felonies and misdemeanors originated at a time when that sum was
of much greater value than $100 is now.
The word ``damage'' was substituted twice for the word ``value'',
and the definition of ``value'' was omitted as inapplicable to this
section. These words and definition, however, are retained in that part
of said section 82 which is now section 641 of this title.
Minor changes were made in phraseology.
Amendments
1996--Pub. L. 104-294, Sec. 605(e), inserted comma after ``foregoing
offenses'' in first par.
Pub. L. 104-294, Secs. 601(a)(3), 606(a), in second par.,
substituted ``fine under this title'' for ``fine of under this title''
in two places and ``$1,000'' for ``$100'' in two places.
1994--Pub. L. 103-322, Sec. 320903(d)(1)(A), inserted ``or attempts
to commit any of the foregoing offenses'' before ``shall be punished''
in first par.
Pub. L. 103-322, Sec. 330016(1)(H), (L), in second par., substituted
``under this title'' for ``not more than $10,000'' before ``or
imprisonment for not more than ten years'' and for ``not more than
$1,000'' before ``or by imprisonment for not more than one year''.
Pub. L. 103-322, Sec. 320903(d)(1)(B), inserted ``or attempted
damage'' after ``damage'' in two places in second par.
Section Referred to in Other Sections
This section is referred to in sections 1956, 2332b, 2339A, 3050,
3286 of this title.
