Title 18 — Crimes and Criminal Procedure
Part I · Chapter 47 — Fraud and False Statements
§ 1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport
Statutory text
Whoever, by any fraud or false pretense, enters or attempts to enter—
any real property belonging in whole or in part to, or leased by, the United States;
any vessel or aircraft belonging in whole or in part to, or leased by, the United States;
any secure or restricted area of any seaport, designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section; or
any secure area of any airport,
shall be punished as provided in subsection (b) of this section.
The punishment for an offense under subsection (a) of this section is—
a fine under this title or imprisonment for not more than 10 years, or both, if the offense is committed with the intent to commit a felony; or
a fine under this title or imprisonment for not more than 6 months, or both, in any other case.
As used in this section—
the term “secure area” means an area access to which is restricted by the airport authority, captain of the seaport, or a public agency; and
the term “airport” has the meaning given such term in section 47102 of title 49.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 106–547 § 2(a) · 114 Stat. 2738
Enacted · 18 U.S.C. § 1036
Added Pub. L. 106–547, § 2(a), Dec. 19, 2000, 114 Stat. 2738
Source evidence
Code source credit
Added Pub. L. 106–547, § 2(a), Dec. 19, 2000, 114 Stat. 2738Enacted provision · exact public law section
(a) In General.— Chapter 47 of title 18, United States Code, is amended by adding at the end the following: “§ 1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport “(a) Whoever, by any fraud or false pretense, enters or attempts to enter— “(1) any real property belonging in whole or in part to, or leased by, the United States; “(2) any vessel or aircraft belonging in whole or in part to, or leased by, the United States; or “(3) any secure area of any airport, shall be punished as provided in subsection (b) of this section. “(b) The punishment for an offense under subsection (a) of this section is— “(1) a fine under this title or imprisonment for not more than 5 years, or both, if the offense is committed with the intent to commit a felony; or “(2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case. “(c) As used in this section— “(1) the term ‘secure area’ means an area access to which is restricted by the airport authority or a public agency; and “(2) the term ‘airport’ has the meaning given such term in section 47102 of title 49.”.Reducing Crime and Terrorism at America’s Seaports Act of 2005
Pub. L. 109–177 § 302(a)(4) · 120 Stat. 192
Substituted · 18 U.S.C. § 1036
Pub. L. 109–177, § 302(a)(4), substituted “any airport or seaport” for “any airport” in section catchline
Source evidence
Code amendment note
Pub. L. 109–177, § 302(a)(4), substituted “any airport or seaport” for “any airport” in section catchline.Enacted provision · exact public law section
(4) by striking the section heading and inserting the following: “§ 1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport” .Reducing Crime and Terrorism at America’s Seaports Act of 2005
Pub. L. 109–177 § 302(a)(1) · 120 Stat. 192
Added · 18 U.S.C. § 1036(a)(3); 18 U.S.C. § 1036(a)(4)
Pub. L. 109–177, § 302(a)(1), added par. (3)
Redesignated · 18 U.S.C. § 1036(a)(3); 18 U.S.C. § 1036(a)(4)
Pub. L. 109–177, § 302(a)(1), redesignated former par. (3) as (4)
Source evidence
Code amendment note
Subsec. (a)(3), (4). Pub. L. 109–177, § 302(a)(1), added par. (3) and redesignated former par. (3) as (4).Enacted provision · exact public law section
(1) in subsection (a)— (A) in paragraph (2), by striking “or” at the end; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: “(3) any secure or restricted area of any seaport, designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section; or” ;Reducing Crime and Terrorism at America’s Seaports Act of 2005
Pub. L. 109–177 § 302(a)(2) · 120 Stat. 192
Substituted · 18 U.S.C. § 1036(b)(1)
Pub. L. 109–177, § 302(a)(2), substituted “10 years” for “5 years”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 109–177, § 302(a)(2), substituted “10 years” for “5 years”.Enacted provision · exact public law section
(2) in subsection (b)(1), by striking “5 years” and inserting “10 years”;Reducing Crime and Terrorism at America’s Seaports Act of 2005
Pub. L. 109–177 § 302(a)(3) · 120 Stat. 192
Inserted · 18 U.S.C. § 1036(c)(1)
Pub. L. 109–177, § 302(a)(3), inserted “, captain of the seaport,” after “airport authority”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 109–177, § 302(a)(3), inserted “, captain of the seaport,” after “airport authority”.Enacted provision · exact public law section
(3) in subsection (c)(1), by inserting “, captain of the seaport,” after “airport authority”; and
6 of 6 references resolved to an enrolled provision
Editorial Notes
Amendments
2006—Pub. L. 109–177, § 302(a)(4), substituted “any airport or seaport” for “any airport” in section catchline.
Subsec. (a)(3), (4). Pub. L. 109–177, § 302(a)(1), added par. (3) and redesignated former par. (3) as (4).
Subsec. (b)(1). Pub. L. 109–177, § 302(a)(2), substituted “10 years” for “5 years”.
Subsec. (c)(1). Pub. L. 109–177, § 302(a)(3), inserted “, captain of the seaport,” after “airport authority”.
Credits
2000–2006 · 2 acts
- 2000Added Pub. L. 106–547, § 2(a), , 114 Stat. 2738
- 2006amended Pub. L. 109–177, title III, § 302(a), , 120 Stat. 233.
Show as published
(Added Pub. L. 106–547, § 2(a), , 114 Stat. 2738; amended Pub. L. 109–177, title III, § 302(a), , 120 Stat. 233.)