§ 436. — Convict labor contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC436]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 23--CONTRACTS
Sec. 436. Convict labor contracts
Whoever, being an officer, employee, or agent of the United States
or any department or agency thereof, contracts with any person or
corporation, or permits any warden, agent, or official of any penal or
correctional institution, to hire out the labor of any prisoners
confined for violation of any laws of the United States, shall be fined
under this title \1\ or imprisoned not more than three years, or both.
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\1\ See 1994 Amendment note below.
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(June 25, 1948, ch. 645, 62 Stat. 703; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 708, 709 (Feb. 23, 1887,
ch. 213, Secs. 1, 2, 24 Stat. 411).
This section consolidates sections 708 and 709 of title 18, U.S.C.,
1940 ed., as the offense and penalty provisions, respectively.
Words ``department or agency thereof'' were inserted to clarify
scope of section. See definition of department and agency in section 6
of this title.
To retain uniformity words ``shall be deemed guilty of a
misdemeanor, and,'' were omitted. The reference to misdemeanor is now
covered by the definition in section 1 of this title.
Words ``on conviction thereof'' were omitted as unnecessary since
punishment can follow only upon conviction.
The minimum punishment provisions ``less than one year nor'' and
``less than $500 nor'' were deleted to conform to the policy followed by
codifiers of 1909 Criminal Code. (See reviser's note under section 203
of this title.)
Changes were also made in phraseology.
Amendments
1994--Pub. L. 103-322, which directed the amendment of this section
by substituting ``fined under this title'' for ``fined not more than
$5,000'', was executed by making the substitution for ``fined not more
than $1,000'', to reflect the probable intent of Congress.
