18 U.S.C. § 1386 — Keys and keyways used in security applications by the Department of Defense
submitted 35 years ago by Pub. L. 102-190 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 425 words · no verdicts yet
This section punishes theft, forgery, improper possession, or unauthorized delivery of Defense Department locks and keys used for specified security purposes. The maximum punishment is a fine, 10 years in prison, or both, and it defines “key.”
(a)(1) A person who steals, embezzles, takes by false pretense, or otherwise obtains a lock or key, knowing that a Department* of Defense component adopted it to protect conventional arms, ammunition or explosives, special weapons, classified information, or classified equipment, is punished under subsection (b).
(2) A person is punished under subsection (b) who:
(A) knowingly and unlawfully makes, forges, or counterfeits such a key; or
(B) knowing a Defense Department component adopted such a lock or key for those protections, possesses it intending to use, sell, or otherwise dispose of it unlawfully or improperly, or cause someone else to do so.
(3) A contractor or other lock or key manufacturer who knowingly delivers such a finished or unfinished lock or key to an unauthorized person is punished under subsection (b), unless the recipient is the contractor furnishing it, an authorized manufacturer under the contract, or that manufacturer’s agent.
(b) Punishment. An offender may be fined under title 18, imprisoned for up to 10 years, or both.
(c) Definition. “Key” means any key, key blank, or keyway adopted by a Defense Department component for protecting the listed arms, ammunition or explosives, special weapons, classified information, or classified equipment. This section does not otherwise define “keyway.”
Whoever steals, purloins, embezzles, or obtains by false pretense any lock or key to any lock, knowing that such lock or key has been adopted by any part of the Department* of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment shall be punished as provided in subsection (b).
Whoever—
knowingly and unlawfully makes, forges, or counterfeits any key, knowing that such key has been adopted by any part of the Department of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment; or
knowing that any lock or key has been adopted by any part of the Department of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment, possesses any such lock or key with the intent to unlawfully or improperly use, sell, or otherwise dispose of such lock or key or cause the same to be unlawfully or improperly used, sold, or otherwise disposed of,
shall be punished as provided in subsection (b).
Whoever, being engaged as a contractor or otherwise in the manufacture of any lock or key knowing that such lock or key has been adopted by any part of the Department of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment, delivers any such finished or unfinished lock or any such key to any person not duly authorized by the Secretary of Defense or his designated representative to receive the same, unless the person receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner authorized by the contract, or the agent of such manufacturer, shall be punished as provided in subsection (b).
Whoever commits an offense under subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both.
As used in this section, the term “key” means any key, keyblank, or keyway adopted by any part of the Department of Defense, including all Department of Defense agencies, military departments, and agencies thereof, for use in protecting conventional arms, ammunition or explosives, special weapons, and classified information or classified equipment.
Source credit: (Added Pub. L. 102–190, div. A, title X, § 1090(a), Dec. 5, 1991, 105 Stat. 1485.)
- 1991Enacted · Pub. L. 102-190 · 105 Stat. 1485
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-190 on 1991-12-05.
all 0 arguments · sorted by: best
no arguments yet — make the first case