18-U.S.C.-2117
§2117 – Breaking Or Entering Carrier Facilities
Pathway
Title 18 > Part I > Chapter 103 > Section 2117
Details
- Reference: Section 2117
- Legend: §2117 – Breaking Or Entering Carrier Facilities
- USCode Year: 2013
Provision Content
Whoever breaks the seal or lock of any railroad car, vessel, aircraft, motortruck, wagon or other vehicle or of any pipeline system, containing interstate or foreign shipments of freight or express or other property, or enters any such vehicle or pipeline system with intent in either case to commit larceny therein, shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.
A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof.
(June 25, 1948, ch. 645, 62 Stat. 797; May 24, 1949, ch. 139, §44, 63 Stat. 96; Pub. L. 89–654, §2(a)–(c), Oct. 14, 1966, 80 Stat. 904; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 112–186, §4(c), Oct. 5, 2012, 126 Stat. 1429.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., §409 (Feb. 13, 1913, ch. 50, §1, 37 Stat. 670; Jan. 28, 1925, ch. 102, 43 Stat. 793; Jan. 21, 1933, ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656).
Other provisions of section 409 of title 18, U.S.C., 1940 ed., were incorporated in sections 659 and 660 of this title.
Minor changes were made in phraseology.
1949 Act
This section [section 44] conforms section 2117 of title 18, U.S.C., more closely with the original law from which it was derived, and with section 659 of such title.
Amendments
2012—Pub. L. 112–186 inserted at end of first par. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.
1994—Pub. L. 103–322, which directed the amendment of section 2217 of this title by substituting under this title for not more than $5,000, was executed by making the substitution in the first par. of this section, to reflect the probable intent of Congress, because this title does not contain a section 2217.
1966—Pub. L. 89–654 substituted Breaking or entering carrier facilities for Railroad car entered or seal broken as section catchline, inserted reference to pipeline system, substituted freight or express or other property for freight or express, and prohibited any construction which might indicate a Congressional intent to occupy the field or invalidate State law.
1949—Act May 24, 1949, inserted last par.
Executive Order No. 11836
Ex. Ord. No. 11836, Jan. 27, 1975, 40 F.R. 4255, which assigned responsibilities to Federal departments and agencies with respect to the National Cargo Security Program, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-2116 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-2116, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
18-U.S.C.-2073 in the Legal Encyclopedia: Crimes
In this entry about 18-U.S.C.-2073, find legal reference material, bibliographies and premiere content related to crimes in the American Encyclopedia of Law, presenting a comprehensive view of the United States crimes-specific issues, written by authorities in the field.
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