§ 2117. — Breaking or entering carrier facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2117]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 103--ROBBERY AND BURGLARY
Sec. 2117. Breaking or entering carrier facilities
Whoever breaks the seal or lock of any railroad car, vessel,
aircraft, motortruck, wagon or other vehicle or of any pipeline system,
containing interstate or foreign shipments of freight or express or
other property, or enters any such vehicle or pipeline system with
intent in either case to commit larceny therein, shall be fined under
this title or imprisoned not more than ten years, or both.
A judgment of conviction or acquittal on the merits under the laws
of any State shall be a bar to any prosecution under this section for
the same act or acts. Nothing contained in this section shall be
construed as indicating an intent on the part of Congress to occupy the
field in which provisions of this section operate to the exclusion of
State laws on the same subject matter, nor shall any provision of this
section be construed as invalidating any provision of State law unless
such provision is inconsistent with any of the purposes of this section
or any provision thereof.
(June 25, 1948, ch. 645, 62 Stat. 797; May 24, 1949, ch. 139, Sec. 44,
63 Stat. 96; Pub. L. 89-654, Sec. 2(a)-(c), Oct. 14, 1966, 80 Stat. 904;
Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108
Stat. 2147.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., Sec. 409 (Feb. 13, 1913, ch.
50, Sec. 1, 37 Stat. 670; Jan. 28, 1925, ch. 102, 43 Stat. 793; Jan. 21,
1933, ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656).
Other provisions of section 409 of title 18, U.S.C., 1940 ed., were
incorporated in sections 659 and 660 of this title.
Minor changes were made in phraseology.
1949 Act
This section [section 44] conforms section 2117 of title 18, U.S.C.,
more closely with the original law from which it was derived, and with
section 659 of such title.
Amendments
1994--Pub. L. 103-322, which directed the amendment of section 2217
of this title by substituting ``under this title'' for ``not more than
$5,000'', was executed by making the substitution in the first par. of
this section, to reflect the probable intent of Congress, because this
title does not contain a section 2217.
1966--Pub. L. 89-654 substituted ``Breaking or entering carrier
facilities'' for ``Railroad car entered or seal broken'' as section
catchline, inserted reference to ``pipeline system'', substituted
``freight or express or other property'' for ``freight or express'', and
prohibited any construction which might indicate a Congressional intent
to occupy the field or invalidate State law.
1949--Act May 24, 1949, inserted last par.
Executive Order No. 11836
Ex. Ord. No. 11836, Jan. 27, 1975, 40 F.R. 4255, which assigned
responsibilities to Federal departments and agencies with respect to the
National Cargo Security Program, was revoked by Ex. Ord. No. 12553, Feb.
25, 1986, 51 F.R. 7237.
