§ 2232. — Destruction or removal of property to prevent seizure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2232]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 109--SEARCHES AND SEIZURES
Sec. 2232. Destruction or removal of property to prevent seizure
(a) Destruction or Removal of Property To Prevent Seizure.--Whoever,
before, during, or after any search for or seizure of property by any
person authorized to make such search or seizure, knowingly destroys,
damages, wastes, disposes of, transfers, or otherwise takes any action,
or knowingly attempts to destroy, damage, waste, dispose of, transfer,
or otherwise take any action, for the purpose of preventing or impairing
the Government's lawful authority to take such property into its custody
or control or to continue holding such property under its lawful custody
and control, shall be fined under this title or imprisoned not more than
5 years, or both.
(b) Impairment of In Rem Jurisdiction.--Whoever, knowing that
property is subject to the in rem jurisdiction of a United States court
for purposes of civil forfeiture under Federal law, knowingly and
without authority from that court, destroys, damages, wastes, disposes
of, transfers, or otherwise takes any action, or knowingly attempts to
destroy, damage, waste, dispose of, transfer, or otherwise take any
action, for the purpose of impairing or defeating the court's continuing
in rem jurisdiction over the property, shall be fined under this title
or imprisoned not more than 5 years, or both.
(c) Notice of Search or Execution of Seizure Warrant or Warrant of
Arrest In Rem.--Whoever, having knowledge that any person authorized to
make searches and seizures, or to execute a seizure warrant or warrant
of arrest in rem, in order to prevent the authorized seizing or securing
of any person or property, gives notice or attempts to give notice in
advance of the search, seizure, or execution of a seizure warrant or
warrant of arrest in rem, to any person shall be fined under this title
or imprisoned not more than 5 years, or both.
(d) Notice of Certain Electronic Surveillance.--Whoever, having
knowledge that a Federal investigative or law enforcement officer has
been authorized or has applied for authorization under chapter 119 to
intercept a wire, oral, or electronic communication, in order to
obstruct, impede, or prevent such interception, gives notice or attempts
to give notice of the possible interception to any person shall be fined
under this title or imprisoned not more than five years, or both.
(e) Foreign Intelligence Surveillance.--Whoever, having knowledge
that a Federal officer has been authorized or has applied for
authorization to conduct electronic surveillance under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et seq.), in
order to obstruct, impede, or prevent such activity, gives notice or
attempts to give notice of the possible activity to any person shall be
fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 98-473, title II,
Sec. 1103, Oct. 12, 1984, 98 Stat. 2143; Pub. L. 99-508, title I,
Sec. 109, Oct. 21, 1986, 100 Stat. 1858; Pub. L. 99-646, Sec. 33, Nov.
10, 1986, 100 Stat. 3598; Pub. L. 100-690, title VII, Sec. 7066, Nov.
18, 1988, 102 Stat. 4404; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 106-185,
Sec. 12, Apr. 25, 2000, 114 Stat. 218.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 121 (Mar. 4, 1909, ch.
321, Sec. 65, 35 Stat. 1100).
Section was formed from the words following the first semicolon and
ending with the second semicolon, in section 121 of title 18, U.S.C.,
1940 ed.
The remaining provisions of section 121 of title 18, U.S.C., 1940
ed., relating to assaulting, resisting, or interfering with customs
officers, revenue officers, or other persons, and to the rescue of
seized property, constitute, along with provisions from other sections,
sections 2231 and 2233 of this title.
Minor changes were made in phraseology.
References in Text
The Foreign Intelligence Surveillance Act of 1978, referred to in
subsec. (e), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
amended, which is classified principally to chapter 36 (Sec. 1801 et
seq.) of Title 50, War and National Defense. For complete classification
of this Act to the Code, see Short Title note set out under section 1801
of Title 50 and Tables.
Amendments
2000--Pub. L. 106-185 added subsecs. (a) to (c), redesignated first
and second pars. of former subsec. (c) as subsecs. (d) and (e),
respectively, inserted subsec. (e) heading, and struck out former
subsecs. (a) and (b) which related to physical interference with search
and notice of search, respectively.
1994--Subsecs. (a), (b). Pub. L. 103-322 substituted ``fined under
this title'' for ``fined not more than $10,000''.
1988--Subsec. (c). Pub. L. 100-690 inserted ``of 1978'' after
``Surveillance Act''.
1986--Pub. L. 99-646 directed the designation of first and second
pars. as subsecs. (a) and (b), respectively, which had been previously
so designated by Pub. L. 99-508, and substituted ``imprisoned not'' for
``imprisoned'' in subsec. (a).
Pub. L. 99-508 designated first and second pars. as subsecs. (a) and
(b), respectively, and inserted headings, and added subsec. (c).
1984--Pub. L. 98-473, Sec. 1103(a), substituted provisions raising
the maximum fine from $2,000 to $10,000 and raising the maximum term of
imprisonment from two years to five years.
Pub. L. 98-473, Sec. 1103(b), inserted paragraph relating to the
penalties for warning the subject of a search.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-185 applicable to any forfeiture proceeding
commenced on or after the date that is 120 days after Apr. 25, 2000, see
section 21 of Pub. L. 106-185, set out as a note under section 1324 of
Title 8, Aliens and Nationality.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
