§ 2233. — Rescue of seized property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2233]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 109--SEARCHES AND SEIZURES
Sec. 2233. Rescue of seized property
Whoever forcibly rescues, dispossesses, or attempts to rescue or
dispossess any property, articles, or objects after the same shall have
been taken, detained, or seized by any officer or other person under the
authority of any revenue law of the United States, or by any person
authorized to make searches and seizures, shall be fined under this
title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 121, 128 (Mar. 4, 1909,
ch. 321, Secs. 65, 71, 35 Stat. 1100, 1101).
Section consolidates that portion of section 121 of title 18,
U.S.C., 1940 ed., relating to rescue of seized property, with section
128 of title 18, U.S.C., 1940 ed.
The remaining provisions of section 121 of present title 18, U.S.C.,
1940 ed., relating to assaulting, resisting, or interfering with customs
officers, revenue officers, or other persons, and to the destruction or
removal of property to prevent seizure, constitute sections 2231 and
2232 of this title, the former provisions being consolidated with
certain provisions of other sections.
Said section 121 of present title 18, U.S.C., 1940 ed., provided for
punishment by fine of not more than $2,000 or imprisonment of not more
than 1 year, or both, of persons rescuing, attempting to rescue, or
causing to be rescued, ``any property'' which has been seized by ``any
person'' authorized to make searches and seizures.
Said section 128 of present title 18, U.S.C., 1940 ed., provided for
punishment by fine of not more than $300 and imprisonment for not more
than 1 year of persons dispossessing, rescuing, or attempting to
dispossess or rescue, or aiding or assisting in dispossessing or
rescuing, ``any property taken or detained by any officer or other
person under the authority of any revenue law of the United States.''
This revised section adopts the maximum fine provisions of section
121 of title 18, U.S.C., 1940 ed., and extends the maximum term of
imprisonment to 2 years. This was deemed advisable so that uniformity of
punishment would be established and the provisions would be sufficiently
broad to impose punishment commensurate with the gravity of the offense.
(See section 3601(c)(2) of title 26, U.S.C., 1940 ed., Internal Revenue
Code.)
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary in view of definition of ``principal'' in section
2 of this title.
Changes were made in phraseology.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $2,000''.
