18 U.S.C. § 1469 — Presumptions

submitted 38 years ago by Pub. L. 100-690 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 139 words · no verdicts yet

in plain englishAI-generated · not legal advice

In a prosecution under this chapter, evidence that matter was made in one State and later found in another State creates a rebuttable presumption that it traveled in interstate commerce when that travel is an element of the offense. Similarly, evidence that matter was made outside the United States and later found in the United States creates a rebuttable presumption that it traveled in foreign commerce.

(a) In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in interstate commerce, proof, by either circumstantial or direct evidence, that that matter was produced or manufactured in one State and is subsequently located in another State must raise a rebuttable presumption that that matter was transported, shipped, or carried in interstate commerce. (b) In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in foreign commerce, proof, by either circumstantial or direct evidence, that that matter was produced or manufactured outside of the United States and is subsequently located in the United States must raise a rebuttable presumption that that matter was transported, shipped, or carried in foreign commerce.

the actual law source: uscode.house.gov ↗public domain

(a)

In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in interstate commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured in one State and is subsequently located in another State shall raise a rebuttable presumption that such matter was transported, shipped, or carried in interstate commerce.

(b)

In any prosecution under this chapter in which an element of the offense is that the matter in question was transported, shipped, or carried in foreign commerce, proof, by either circumstantial or direct evidence, that such matter was produced or manufactured outside of the United States and is subsequently located in the United States shall raise a rebuttable presumption that such matter was transported, shipped, or carried in foreign commerce.

Source credit: (Added Pub. L. 100–690, title VII, § 7521(d), Nov. 18, 1988, 102 Stat. 4489.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 100-690 · 102 Stat. 4489

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-690 on 1988-11-18.

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