Title 18 — Crimes and Criminal Procedure
Part I · Chapter 53 — Indians
§ 1158. Counterfeiting Indian Arts and Crafts Board trade mark
Statutory text
Whoever counterfeits or colorably imitates any Government trade mark used or devised by the Indian Arts and Crafts Board in the Department of the Interior as provided in section 305a of Title 25, or, except as authorized by the Board, affixes any such Government trade mark, or knowingly, willfully, and corruptly affixes any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products; or
Whoever knowingly makes any false statement for the purpose of obtaining the use of any such Government trade mark—
Shall (1) in the case of a first violation, if an individual, be fined under this title or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and (2) in the case of subsequent violations, if an individual, be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if a person other than an individual, be fined not more than $5,000,000; and (3) shall be enjoined from further carrying on the act or acts complained of.
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. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 1158
June 25, 1948, ch. 645, 62 Stat. 759
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 759Indian Arts and Crafts Act of 1990
Pub. L. 101–644 title I § 106 · 104 Stat. 4662
Added · 18 U.S.C. § 1158
Pub. L. 101–644, in third par., added cls. (1) and (2)
Struck · 18 U.S.C. § 1158
Pub. L. 101–644, in third par., struck out “be fined not more than $500 or imprisoned not more than six months, or both; and” after “Shall”
Amended · 18 U.S.C. § 1158
Pub. L. 101–644, in third par., designated remaining provision at end as cl. (3)
Source evidence
Code amendment note
Pub. L. 101–644, in third par., added cls. (1) and (2), struck out “be fined not more than $500 or imprisoned not more than six months, or both; and” after “Shall”, and designated remaining provision at end as cl. (3).Enacted provision · exact public law section
SEC. 106. PENALTY FOR COUNTERFEITING INDIAN ARTS AND CRAFTS BOARD TRADEMARK. Section 1158 of title 18, United States Code, is amended by striking “be fined not more than $500 or imprisoned not more than six months, or both; and” and inserting “(1) in the case of a first violation, if an individual, be fined not more than $250,000 or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and (2) in the case of subsequent violations, if an individual, be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if a person other than an individual, be fined not more than $5,000,000; and (3)”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(U) · 108 Stat. 1796
Substituted · 18 U.S.C. § 1158
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $250,000” in third par
Source evidence
Code amendment note
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $250,000” in third par.Enacted provision · exact public law section
(U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320, and 2701 by striking “not more than $250,000” and inserting “under this title”;
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on section 305d of title 25, U.S.C., 1940 ed., Indians (Aug. 27, 1935, ch. 748, § 5, 49 Stat. 892).
The reference to the offense as a misdemeanor was omitted as unnecessary in view of the definition of misdemeanor in section 1 of this title.
The words “upon conviction thereof” were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured.
Maximum fine was changed from $2,000 to $500 to bring the offense within the category of petty offenses defined by section 1 of this title. (See reviser’s note under section 1157 of this title.)
Minor changes were made in phraseology.
Editorial Notes
Amendments1990–1994 · 2 rounds
1994
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $250,000” in third par.
1990
Pub. L. 101–644, in third par., added cls. (1) and (2), struck out “be fined not more than $500 or imprisoned not more than six months, or both; and” after “Shall”, and designated remaining provision at end as cl. (3).
Executive Documents
Transfer of Functions
Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 3 of 1950 §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
Credits
1948–1994 · 3 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 759
- 1990Pub. L. 101–644, title I, § 106, , 104 Stat. 4665
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(U), , 108 Stat. 2148.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101–644, title I, § 106, , 104 Stat. 4665; Pub. L. 103–322, title XXXIII, § 330016(1)(U), , 108 Stat. 2148.)