§ 641. — Public money, property or records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC641]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 641. Public money, property or records
Whoever embezzles, steals, purloins, or knowingly converts to his
use or the use of another, or without authority, sells, conveys or
disposes of any record, voucher, money, or thing of value of the United
States or of any department or agency thereof, or any property made or
being made under contract for the United States or any department or
agency thereof; or
Whoever receives, conceals, or retains the same with intent to
convert it to his use or gain, knowing it to have been embezzled,
stolen, purloined or converted--
Shall be fined under this title or imprisoned not more than ten
years, or both; but if the value of such property does not exceed the
sum of $1,000, he shall be fined under this title or imprisoned not more
than one year, or both.
The word ``value'' means face, par, or market value, or cost price,
either wholesale or retail, whichever is greater.
(June 25, 1948, ch. 645, 62 Stat. 725; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294,
title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat. 3511.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 82, 87, 100, 101 (Mar. 4,
1909, ch. 321, Secs. 35, 36, 47, 48, 35 Stat. 1095, 1096-1098; Oct. 23,
1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr.
4, 1938, ch. 69, 52 Stat. 197; Nov. 22, 1943, ch. 302, 57 Stat. 591.)
Section consolidates sections 82, 87, 100, and 101 of title 18,
U.S.C., 1940 ed. Changes necessary to effect the consolidation were
made. Words ``or shall willfully injure or commit any depredation
against'' were taken from said section 82 so as to confine it to
embezzlement or theft.
The quoted language, rephrased in the present tense, appears in
section 1361 of this title.
Words ``in a jail'' which followed ``imprisonment'' and preceded
``for not more than one year'' in said section 82, were omitted. (See
reviser's note under section 1 of this title.)
Language relating to receiving stolen property is from said section
101.
Words ``or aid in concealing'' were omitted as unnecessary in view
of definitive section 2 of this title. Procedural language at end of
said section 101 ``and such person may be tried either before or after
the conviction of the principal offender'' was transferred to and
rephrased in section 3435 of this title.
Words ``or any corporation in which the United States of America is
a stockholder'' in said section 82 were omitted as unnecessary in view
of definition of ``agency'' in section 6 of this title.
The provisions for fine of not more than $1,000 or imprisonment of
not more than 1 year for an offense involving $100 or less and for fine
of not more than $10,000 or imprisonment of not more than 10 years, or
both, for an offense involving a greater amount were written into this
section as more in conformity with the later congressional policy
expressed in sections 82 and 87 of title 18, U.S.C., 1940 ed., than the
nongraduated penalties of sections 100 and 101 of said title 18.
Since the purchasing power of the dollar is less than it was when
$50 was the figure which determined whether larceny was petit larceny or
grand larceny, the sum $100 was substituted as more consistent with
modern values.
The meaning of ``value'' in the last paragraph of the revised
section is written to conform with that provided in section 2311 of this
title by inserting the words ``face, par, or''.
This section incorporates the recommendation of Paul W. Hyatt,
president, board of commissioners of the Idaho State Bar Association,
that sections 82 and 100 of title 18, U.S.C., 1940 ed., be combined and
simplified.
Also, with respect to section 101 of title 18, U.S.C., 1940 ed.,
this section meets the suggestion of P. F. Herrick, United States
attorney for Puerto Rico, that the punishment provision of said section
be amended to make the offense a misdemeanor where the amount involved
is $50 or less.
Changes were made in phraseology.
Amendments
1996--Pub. L. 104-294 substituted ``$1,000'' for ``$100'' in third
par.
1994--Pub. L. 103-322, in third par., substituted ``fined under this
title'' for ``fined not more than $10,000'' after ``Shall be'' and for
``fined not more than $1,000'' after ``he shall be''.
Short Title of 1984 Amendment
Pub. L. 98-473, title II, chapter XI, part I (Secs. 1110-1115),
Sec. 1110, Oct. 12, 1984, 98 Stat. 2148, provided that: ``This Part
[enacting section 667 of this title and amending sections 2316 and 2317
of this title] may be cited as the `Livestock Fraud Protection Act'.''
Section Referred to in Other Sections
This section is referred to in section 1956 of this title; title 22
section 3622; title 40 section 611.
