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Interstate Transportation of Stolen Property 18 U.S.C. Sec. 2314 (First Paragraph)

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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Interstate Transportation of Stolen Property 18 U.S.C. Sec. 2314 (First Paragraph) is a federal law that prohibits the transportation of stolen property from one state to another. The law applies to any kind of stolen property, including money, goods, securities, and other forms of property. Specifically, the law states that it is a federal crime for any person or business to transport, receive, possess, or conceal any stolen property when the property has crossed state lines or been transported/received in interstate or foreign commerce. This includes even if the person or business didn’t know the property was stolen, or if they believed the property was legitimately acquired. Penalties for violating this law can include fines and up to 10 years in prison. There are two types of Interstate Transportation of Stolen Property 18 U.S.C. Sec. 2314 (First Paragraph): transporting stolen property and receiving stolen property.

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FAQ

Sale or Receipt of Stolen Goods ? 18 U.S.C. 18 U.S.C. §2315 makes it unlawful to knowingly receive, possess, conceal, sell, or dispose of stolen property which has a value of $5,000 or more and which is a part of interstate commerce.

Examples are thefts of bicycles, thefts of motor vehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud. Attempted larcenies are included. Embezzlement, confidence games, forgery, check fraud, etc., are excluded.

Penalties for 18 U.S.C. A violation of Section 641 subjects the defendant to a potential maximum of 10 years in federal prison and a fine, though if the property is valued at less than $1,000, the maximum term of imprisonment decreases to one year plus a fine.

18 U.S.C. § 2314 makes it a crime to transport stolen goods over state lines if you knew the property was stolen. Receiving, possessing, selling, concealing, or disposing of the stolen goods, knowing they were stolen, is a related federal crime and punishable under 18 U.S.C. § 2315.

Misprision of felony is a crime committed when a person knows that someone has been involved in a felony but fails to report it to law enforcement authorities. The crime of misprision of felony originated in the common law of Great Britain. In the U.S., however, it has never been adopted as a crime by most states.

But Section 641 also states that, if the value of the stolen property is $1000 or less, that person shall be fined and imprisoned for no longer than 1 year. The $1000 threshold, therefore, is necessary to make a Section 641 offense into a felony; smaller theft from the government is only a misdemeanor.

Section 641 protects "any record, voucher, money, or thing of value of the United States or any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof."

18 U.S. Code § 2314 - Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting. Shall be fined under this title or imprisoned not more than ten years, or both.

More info

§ 2314 makes it a crime to transport stolen goods over state lines if you knew the property was stolen. Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting.Crimes and Criminal Procedure § 2314. Section 2314 creates several distinct crimes. This instruction only applies to interstate or foreign movement of stolen property. Section 2314 of Title 18 proscribes six categories of transportation-related conduct. The Supreme Court granted certiorari only as to Dowling's convictions for interstate transportation of stolen property. 4 demonstrates the deficiencies of section 2314 of the criminal code dealing with the interstate transportation of stolen goods and fraudulent documents. 69 Prior to 1986, the first paragraph of 18 U.S.C. § 2315. While Section VI looks at patents and Section VII at art crimes.

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Interstate Transportation of Stolen Property 18 U.S.C. Sec. 2314 (First Paragraph)