18 U.S.C. § 21 — Stolen or counterfeit nature of property for certain crimes defined
submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 124 words · no verdicts yet
This law explains how prosecutors can prove a crime element about stolen or counterfeit property. They can show the defendant believed the property was stolen or counterfeit, based on an official's representation. An "official representation" means one made by, or approved by, a federal law enforcement officer.
(a) This section applies whenever a federal crime in this title requires proving two things: (1) that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated; and (2) that the defendant knew the property had that character. Prosecutors can establish that second element by proving that the defendant, after or as a result of an official representation about the nature of the property, believed the property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated.
(b) In this section, "official representation" means a representation made by a federal law enforcement officer, as defined in section 115, or by another person acting at that officer's direction or with that officer's approval.
Wherever in this title it is an element of an offense that—
any property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated; and
the defendant knew that the property was of such character;
such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated.
For purposes of this section, the term “official representation” means any representation made by a Federal law enforcement officer (as defined in section 115) or by another person at the direction or with the approval of such an officer.
Source credit: (Added Pub. L. 103–322, title XXXII, § 320910(a), Sept. 13, 1994, 108 Stat. 2127.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 2127
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
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