§ 2311. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2311]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113--STOLEN PROPERTY
Sec. 2311. Definitions
As used in this chapter:
``Aircraft'' means any contrivance now known or hereafter invented,
used, or designed for navigation of or for flight in the air;
``Cattle'' means one or more bulls, steers, oxen, cows, heifers, or
calves, or the carcass or carcasses thereof;
``Livestock'' means any domestic animals raised for home use,
consumption, or profit, such as horses, pigs, llamas, goats, fowl,
sheep, buffalo, and cattle, or the carcasses thereof;
``Money'' means the legal tender of the United States or of any
foreign country, or any counterfeit thereof;
``Motor vehicle'' includes an automobile, automobile truck,
automobile wagon, motorcycle, or any other self-propelled vehicle
designed for running on land but not on rails;
``Securities'' includes any note, stock certificate, bond,
debenture, check, draft, warrant, traveler's check, letter of credit,
warehouse receipt, negotiable bill of lading, evidence of indebtedness,
certificate of interest or participation in any profit-sharing
agreement, collateral-trust certificate, preorganization certificate or
subscription, transferable share, investment contract, voting-trust
certificate; valid or blank motor vehicle title; certificate of interest
in property, tangible or intangible; instrument or document or writing
evidencing ownership of goods, wares, and merchandise, or transferring
or assigning any right, title, or interest in or to goods, wares, and
merchandise; or, in general, any instrument commonly known as a
``security'', or any certificate of interest or participation in,
temporary or interim certificate for, receipt for, warrant, or right to
subscribe to or purchase any of the foregoing, or any forged,
counterfeited, or spurious representation of any of the foregoing;
``Tax stamp'' includes any tax stamp, tax token, tax meter imprint,
or any other form of evidence of an obligation running to a State, or
evidence of the discharge thereof;
``Value'' means the face, par, or market value, whichever is the
greatest, and the aggregate value of all goods, wares, and merchandise,
securities, and money referred to in a single indictment shall
constitute the value thereof.
(June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 87-371, Sec. 1, Oct. 4,
1961, 75 Stat. 802; Pub. L. 98-547, title II, Sec. 202, Oct. 25, 1984,
98 Stat. 2770; Pub. L. 103-322, title XXXII, Sec. 320912, Sept. 13,
1994, 108 Stat. 2128; Pub. L. 104-294, title VI, Sec. 604(b)(20), Oct.
11, 1996, 110 Stat. 3507; Pub. L. 107-273, div. B, title IV,
Sec. 4002(b)(8), Nov. 2, 2002, 116 Stat. 1808.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 408, 414(b), (c), 417,
419a(a) (Oct. 29, 1919, ch. 89, Sec. 2(a), 41 Stat. 324; May 22, 1934,
ch. 333, Secs. 2(b), (c), 5, 48 Stat. 794, 795; Aug. 3, 1939, ch. 413,
Sec. 3, 53 Stat. 1178; Aug. 18, 1941, ch. 366, Sec. 2(a), 55 Stat. 631;
Sept. 24, 1945, ch. 383, Sec. 1, 59 Stat. 536).
The definitive provisions in each of said sections were separated
therefrom and consolidated into this one section defining terms used in
this chapter.
The definitions of ``interstate or foreign commerce'', contained in
said section 408 and in sections 414(a) and 419a(b) of title 18, U.S.C.,
1940 ed., are incorporated in section 10 of this title.
Other provisions of section 408 of title 18, U.S.C., 1940 ed., are
incorporated in sections 2312 and 2313 of this title.
In the definition of ``motor vehicle'', words ``designed for running
on land but not on rails'' were substituted for ``not designed for
running on rails'' so as to conform with the ruling in the case of
McBoyle v. U.S. (1931, 51 S. Ct. 340, 283, U. S. 25, 75 L. Ed. 816), in
which the Supreme Court held that ``vehicle'' is limited to vehicles
running on land and that motor vehicle does not include an airplane.
In the paragraph defining ``value'' which came from said section 417
of title 18, U.S.C., 1940 ed., words ``In the event that a defendant is
charged in the same indictment with two or more violations of sections
413-419 of this title, then'' were omitted and the same meaning was
preserved by the substitution of the words ``a single'' for the word
``such.''
Minor changes were made in phraseology.
Amendments
2002--Pub. L. 107-273 substituted semicolon for period at end of
third par.
1996--Pub. L. 104-294 substituted ``Livestock'' for ``livestock'' in
third par.
1994--Pub. L. 103-322 inserted definition of ``livestock''.
1984--Pub. L. 98-547 inserted ``valid or blank motor vehicle
title;'' in definition of ``Securities''.
1961--Pub. L. 87-371 inserted definition of ``Tax stamp''.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
Short Title of 1997 Amendment
Pub. L. 105-147, Sec. 1, Dec. 16, 1997, 111 Stat. 2678, provided
that: ``This Act [amending sections 2319 to 2320 of this title, sections
101, 506, and 507 of Title 17, Copyrights, and section 1498 of Title 28,
Judiciary and Judicial Procedure, and enacting provisions set out as a
note under section 994 of Title 28] may be cited as the `No Electronic
Theft (NET) Act'.''
Short Title of 1996 Amendment
Pub. L. 104-153, Sec. 1, July 2, 1996, 110 Stat. 1386, provided
that: ``This Act [amending sections 1961, 2318, and 2320 of this title,
sections 1116 and 1117 of Title 15, Commerce and Trade, section 603 of
Title 17, Copyrights, sections 1431, 1484, and 1526 of Title 19, Customs
Duties, and section 80302 of Title 49, Transportation, and enacting
provisions set out as notes under this section and section 1431 of Title
19] may be cited as the `Anticounterfeiting Consumer Protection Act of
1996'.''
Short Title of 1992 Amendment
Pub. L. 102-519, Sec. 1, Oct. 25, 1992, 106 Stat. 3384, provided
that: ``This Act [enacting sections 2119 and 2322 of this title,
sections 2026a to 2026c and 2041 to 2044 of Title 15, Commerce and
Trade, sections 1646b and 1646c of Title 19, Customs Duties, and
sections 3750a to 3750d of Title 42, The Public Health and Welfare,
amending sections 553, 981, 982, 2312, and 2313 of this title, sections
2021 to 2023, 2025, 2027, and 2034 of Title 15, and enacting provisions
set out as notes under section 2119 of this title, sections 2026a,
2026b, and 2041 of Title 15, and section 1646b of Title 19] may be cited
as the `Anti Car Theft Act of 1992'.''
Short Title of 1984 Amendments
Section 1(a) of Pub. L. 98-547 provided that: ``This Act [enacting
sections 511, 512, 553, and 2320 [now 2321] of this title, sections 2021
to 2034 of Title 15, Commerce and Trade, and section 1627 of Title 19,
Customs Duties, amending this section, sections 1961 and 2313 of this
title, and section 1901 of Title 15, and enacting provisions set out as
a note under section 2021 of Title 15] may be cited as the `Motor
Vehicle Theft Law Enforcement Act of 1984'.''
Section 1501 of chapter XV (Secs. 1501-1503) of title II of Pub. L.
98-473 provided that: ``This chapter [enacting section 2320 of this
title and amending sections 1116, 1117, and 1118 of Title 15, Commerce
and Trade] may be cited as the `Trademark Counterfeiting Act of 1984'.''
Short Title of 1982 Amendment
Pub. L. 97-180, Sec. 1, May 24, 1982, 96 Stat. 91, provided: ``That
this Act [enacting section 2319 of this title and amending section 2318
of this title and section 506 of Title 17, Copyrights] may be cited as
the `Piracy and Counterfeiting Amendments Act of 1982'.''
Counterfeiting of Trademarked and Copyrighted Merchandise; Congressional
Statement of Findings
Pub. L. 104-153, Sec. 2, July 2, 1996, 110 Stat. 1386, provided
that: ``The counterfeiting of trademarked and copyrighted merchandise--
``(1) has been connected with organized crime;
``(2) deprives legitimate trademark and copyright owners of
substantial revenues and consumer goodwill;
``(3) poses health and safety threats to United States
consumers;
``(4) eliminates United States jobs; and
``(5) is a multibillion-dollar drain on the United States
economy.''
Congressional Declaration of Purpose of 1984 Amendment
Section 2 of Pub. L. 98-547 provided that: ``It is the purpose of
this Act [see Short Title of 1984 Amendments note above]--
``(1) to provide for the identification of certain motor
vehicles and their major replacement parts to impede motor vehicle
theft;
``(2) to augment the Federal criminal penalties imposed upon
persons trafficking in stolen motor vehicles;
``(3) to encourage decreases in premiums charged consumers for
motor vehicle theft insurance; and
``(4) to reduce opportunities for exporting or importing stolen
motor vehicles and off-highway mobile equipment.''
Section Referred to in Other Sections
This section is referred to in section 667 of this title.
