§ 1384. — Prostitution near military and naval establishments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1384]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 67--MILITARY AND NAVY
Sec. 1384. Prostitution near military and naval establishments
Within such reasonable distance of any military or naval camp,
station, fort, post, yard, base, cantonment, training or mobilization
place as the Secretary of the Army, the Secretary of the Navy, the
Secretary of the Air Force, or any two or all of them shall determine to
be needful to the efficiency, health, and welfare of the Army, the Navy,
or the Air Force, and shall designate and publish in general orders or
bulletins, whoever engages in prostitution or aids or abets prostitution
or procures or solicits for purposes of prostitution, or keeps or sets
up a house of ill fame, brothel, or bawdy house, or receives any person
for purposes of lewdness, assignation, or prostitution into any vehicle,
conveyance, place, structure, or building, or permits any person to
remain for the purpose of lewdness, assignation, or prostitution in any
vehicle, conveyance, place, structure, or building or leases or rents or
contracts to lease or rent any vehicle, conveyance, place, structure or
building, or part thereof, knowing or with good reason to know that it
is intended to be used for any of the purposes herein prohibited shall
be fined under this title or imprisoned not more than one year, or both.
The Secretaries of the Army, Navy, and Air Force and the Federal
Security Administrator shall take such steps as they deem necessary to
suppress and prevent such violations thereof, and shall accept the
cooperation of the authorities of States and their counties, districts,
and other political subdivisions in carrying out the purpose of this
section.
This section shall not be construed as conferring on the personnel
of the Departments of the Army, Navy, or Air Force or the Federal
Security Agency any authority to make criminal investigations, searches,
seizures, or arrests of civilians charged with violations of this
section.
(June 25, 1948, ch. 645, 62 Stat. 765; May 24, 1949, ch. 139, Sec. 35,
63 Stat. 94; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13,
1994, 108 Stat. 2147.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., Sec. 518a (July 11, 1941, ch.
287, 55 Stat. 583; May 15, 1945, ch. 126, 59 Stat. 168; May 15, 1946,
ch. 258, 60 Stat. 182).
The word ``whoever'' was substituted for the words ``person,
corporation, partnership, or association'' in conformity with section 1
of title 1, U.S.C., 1940 ed., General Provisions, as amended and without
change of substance.
The provisions with reference to punishment of persons subject to
military or naval law as provided in the Articles of War and the
Articles for the Government of the Navy were omitted, as was the
exception of such persons from the punishment provisions of this
section. The Articles of War and Articles for the Government of the Navy
are sufficiently complete in themselves to authorize the adequate
punishment of military or naval personnel for violations of general
criminal statutes as well as for disobedience of orders. See Articles of
War, Article 96, section 1568 of title 10, U.S.C., 1940 ed., Army, and
Articles for the Government of the Navy, Articles 1, 4, 22, 23, section
1200, of title 34, U.S.C., 1940 ed., Navy.
The revised section, in this respect, places violations on the same
basis as other misdemeanors in violation of the general statutes of the
United States and authorizes punishment of persons subject to military
or naval law under such law, or in case the military or naval
authorities turn the violator over to the civil authorities, the trial
and punishment may be under the general law.
The phrase ``and/or'' appearing twice in section 581a of title 18,
U.S.C., 1940 ed., was deleted to avoid uncertainty and ambiguity.
Words ``shall be deemed guilty of a misdemeanor'' were omitted
because of definition of misdemeanor in section 1 of this title.
Changes were made in phraseology.
1949 Act
This section [section 35] makes the following changes in section
1384 of title 18, U.S.C.:
1. In the first paragraph, substitutes ``Secretary of the Army, the
Secretary of the Navy, the Secretary of the Air Force, and any two or
all of them'' for ``Secretary of the Army or the Secretary of the Navy,
or both'', and substitutes ``Army, the Navy, or the Air Force,'' for
``Army or the Navy, or both,'', in view of the establishment in 1947 of
the Department of the Air Force, headed by a Secretary.
2. In the second paragraph, substitutes ``The Secretaries of the
Army, Navy, and Air Force'' for ``The Secretaries of the Army, and
Navy'', for the same reason given in item 1 above.
3. In the third paragraph, substitutes ``Department of the Army,
Navy, or Air Force'' for ``War or Navy Department'' for the same reason
given in item 1 above.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $1,000'' in first par.
1949--Act May 24, 1949, made section applicable to the Air Force
which was established as a separate department in 1947, headed by a
Secretary.
Transfer of Functions
Secretary and Department of Health, Education, and Welfare
redesignated Secretary and Department of Health and Human Services by
section 3508(b) of Title 20, Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631, set out in the Appendix to Title 5, Government
Organization and Employees. Federal Security Agency and office of
Administrator were abolished by section 8 of Reorg. Plan No. 1 of 1953.
