§ 602. — Solicitation of political contributions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC602]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES
Sec. 602. Solicitation of political contributions
(a) It shall be unlawful for--
(1) a candidate for the Congress;
(2) an individual elected to or serving in the office of Senator
or Representative in, or Delegate or Resident Commissioner to, the
Congress;
(3) an officer or employee of the United States or any
department or agency thereof; or
(4) a person receiving any salary or compensation for services
from money derived from the Treasury of the United States; to
knowingly solicit any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 from any other
such officer, employee, or person. Any person who violates this
section shall be fined under this title or imprisoned not more than
3 years, or both.
(b) The prohibition in subsection (a) shall not apply to any
activity of an employee (as defined in section 7322(1) of title 5) or
any individual employed in or under the United States Postal Service or
the Postal Rate Commission, unless that activity is prohibited by
section 7323 or 7324 of such title.
(June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 96-187, title II,
Sec. 201(a)(3), Jan. 8, 1980, 93 Stat. 1367; Pub. L. 103-94, Sec. 4(a),
Oct. 6, 1993, 107 Stat. 1004; 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. 208, 212 (Mar. 4, 1909,
ch. 321, Secs. 118, 122, 35 Stat. 1110; Feb. 28, 1925, ch. 368,
Sec. 312, 43 Stat. 1073).
This section consolidates sections 208 and 212 of title 18, U.S.C.,
1940 ed.
This section, like section 201 of this title, was expanded to
embrace all officers or persons acting on behalf of any independent
agencies or Government-owned or controlled corporations by inserting
words ``or any department or agency thereof.'' (See definitive section 6
of this title.)
The punishment provision was taken from section 212 of title 18,
U.S.C., 1940 ed., which, by reference, made the punishment applicable to
the crime described in this section.
Changes were made in phraseology.
References in Text
Section 301(8) of the Federal Election Campaign Act of 1971,
referred to in subsec. (a)(4), is classified to section 431(8) of Title
2, The Congress.
Amendments
1994--Pub. L. 103-322, which directed the amendment of this section
by substituting ``under this title'' for ``not more than $5,000'', could
not be executed because the phrase ``not more than $5,000'' does not
appear in text. See 1993 Amendment note below.
1993--Pub. L. 103-94 designated existing provisions as subsec. (a),
substituted ``; to knowingly solicit any contribution within the meaning
of section 301(8) of the Federal Election Campaign Act of 1971 from any
other such officer, employee, or person. Any person who violates this
section shall be fined under this title or imprisoned not more than 3
years, or both'' for ``to knowingly solicit, any contribution within the
meaning of section 301(8) of the Federal Election Campaign Act of 1971
from any other such officer, employee, or person. Any person who
violates this section shall be fined not more than $5,000 or imprisoned
not more than three years, or both'' in par. (4), and added subsec. (b).
1980--Pub. L. 96-187 amended section generally to conform its terms
to revision of the Federal Election Campaign Act of 1971 by title I of
Pub. L. 96-187.
Effective Date of 1993 Amendment; Savings Provision
Amendment by Pub. L. 103-94 effective 120 days after Oct. 6, 1993,
but not to release or extinguish any penalty, forfeiture, or liability
incurred under amended provision, which is to be treated as remaining in
force for purpose of sustaining any proper proceeding or action for
enforcement of that penalty, forfeiture, or liability, and no provision
of Pub. L. 103-94 to affect any proceedings with respect to which
charges were filed on or before 120 days after Oct. 6, 1993, with orders
to be issued in such proceedings and appeals taken therefrom as if Pub.
L. 103-94 had not been enacted, see section 12 of Pub. L. 103-94, set
out as an Effective Date; Savings Provision note under section 7321 of
Title 5, Government Organization and Employees.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section
301(a) of Pub. L. 96-187, set out as a note under section 431 of Title
2, The Congress.
Section Referred to in Other Sections
This section is referred to in section 606 of this title; title 5
section 3374.
