§ 653. — Disbursing officer misusing public funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC653]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 653. Disbursing officer misusing public funds
Whoever, being a disbursing officer of the United States, or any
department or agency thereof, or a person acting as such, in any manner
converts to his own use, or loans with or without interest, or deposits
in any place or in any manner, except as authorized by law, any public
money intrusted to him; or, for any purpose not prescribed by law,
withdraws from the Treasury or any authorized depositary, or transfers,
or applies, any portion of the public money intrusted to him, is guilty
of embezzlement of the money so converted, loaned, deposited, withdrawn,
transferred, or applied, and shall be fined under this title or not more
than the amount embezzled, whichever is greater, or imprisoned not more
than ten years, or both; but if the amount embezzled is $1,000 or less,
he shall be fined under this title or imprisoned not more than one year,
or both.
(June 25, 1948, ch. 645, 62 Stat. 728; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147, 2148; 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., Sec. 173 (Mar. 4, 1909, ch.
321, Sec. 87, 35 Stat. 1105; May 29, 1920, ch. 214, Sec. 1, 41 Stat.
654).
Words ``or any department or agency thereof,'' were inserted after
``United States'' so as to eliminate any possible ambiguity as to scope
of section. (See definitive section 6 of this title.)
The smaller punishment for an offense involving $100 or less was
added. (See reviser's note under sections 641, 645 of this title.)
Minor changes were made in phraseology.
Amendments
1996--Pub. L. 104-294 substituted ``$1,000'' for ``$100''.
1994--Pub. L. 103-322, Sec. 330016(2)(G), substituted ``shall be
fined under this title or not more than the amount embezzled, whichever
is greater, or imprisoned'' for ``shall be fined not more than the
amount embezzled or imprisoned''.
Pub. L. 103-322, Sec. 330016(1)(H), substituted ``fined under this
title'' for ``fined not more than $1,000'' after ``he shall be''.
Section Referred to in Other Sections
This section is referred to in section 649 of this title.