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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 29 — Elections and Political Activities

§ 602. Solicitation of political contributions

Statutory text

(a)

It shall be unlawful for—

(1)

a candidate for the Congress;

(2)

an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;

(3)

an officer or employee of the United States or any department or agency thereof; or

(4)

a person receiving any salary or compensation for services from money derived from the Treasury of the United States; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both.

(b)

The prohibition in subsection (a) shall not apply to any activity of an employee (as defined in section 7322(1) of title 5) or any individual employed in or under the United States Postal Service or the Postal Regulatory Commission, unless that activity is prohibited by section 7323 or 7324 of such title.

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.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 602

    June 25, 1948, ch. 645, 62 Stat. 722

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 722

  2. Federal Election Campaign Act Amendments of 1979

    Pub. L. 96–187 title II § 201(a)(3) · 93 Stat. 1339

    Amended · 18 U.S.C. § 602

    Pub. L. 96–187 amended section generally to conform its terms to revision of the Federal Election Campaign Act of 1971 by title I of Pub. L. 96–187

    Source evidence

    Code amendment note
    Pub. L. 96–187 amended section generally to conform its terms to revision of the Federal Election Campaign Act of 1971 by title I of Pub. L. 96–187.

    Enacted provision · exact public law section
    (3) Section 602 of such title is amended to read as follows: “Sec. 602. “solicitation of political contributions It shall be unlawful for— 18 USC 602. “(1) a candidate for the Congress; “(2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; “(3) an officer or employee of the United States or any department or agency thereof; or “(4) a person receiving any salary or compensation for services from money derived from the Treasury of the United States to knowingly solicit, any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any Ante, p. 1339. other such officer, employee, or person. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both.”.

  3. Pub. L. 103–94 § 4(a) · 107 Stat. 1001

    1. Amended · 18 U.S.C. § 602

      Pub. L. 103–94 designated existing provisions as subsec. (a)

    2. Substituted · 18 U.S.C. § 602

      Pub. L. 103–94 substituted “; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both” for “to knowingly solicit, any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both” in par. (4)

    3. Added · 18 U.S.C. § 602

      Pub. L. 103–94 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 103–94 designated existing provisions as subsec. (a), substituted “; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both” for “to knowingly solicit, any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both” in par. (4), and added subsec. (b).

    Enacted provision · exact public law section
    (a) Section 602 of title 18, United States Code, relating to solicitation of political contributions, is amended— (1) by inserting “(a)” before “It”; (2) in paragraph (4) by striking out all that follows “Treasury of the United States” and inserting in lieu thereof a semi-colon and “to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both.”; and (3) by adding at the end thereof the following new subsection:

    Effective date note
    Amendment by Pub. L. 103–94 effective 120 days after Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, and no provision of Pub. L. 103–94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been enacted, see section 12 of Pub. L. 103–94, set out as an Effective Date; Savings Provision note under section 7321 of Title 5, Government Organization and Employees.

  4. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 602

    Pub. L. 103–322, which directed the amendment of this section by substituting “under this title” for “not more than $5,000”, could not be executed because the phrase “not more than $5,000” does not appear in text. See 1993 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 103–322, which directed the amendment of this section by substituting “under this title” for “not more than $5,000”, could not be executed because the phrase “not more than $5,000” does not appear in text. See 1993 Amendment note below.

    Enacted provision · exact public law section
    (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

  5. Pub. L. 109–435 title VI § 604(f) · 120 Stat. 3198

    Substituted · 18 U.S.C. § 602(b)

    Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

    Enacted provision · exact public law section
    (f) Other References.— Whenever a reference is made in any provision of law (other than this Act or a provision of law amended by this Act), regulation, rule, document, or other record of the United States to the Postal Rate Commission, such reference shall be considered a reference to the Postal Regulatory Commission.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 208, 212 (Mar. 4, 1909, ch. 321, §§ 118, 122, 35 Stat. 1110; Feb. 28, 1925, ch. 368, § 312, 43 Stat. 1073).

This section consolidates sections 208 and 212 of title 18, U.S.C., 1940 ed.

This section, like section 201 of this title, was expanded to embrace all officers or persons acting on behalf of any independent agencies or Government-owned or controlled corporations by inserting words “or any department or agency thereof.” (See definitive section 6 of this title.)

The punishment provision was taken from section 212 of title 18, U.S.C., 1940 ed., which, by reference, made the punishment applicable to the crime described in this section.

Changes were made in phraseology.

Editorial Notes

References in Text

Section 301(8) of the Federal Election Campaign Act of 1971, referred to in subsec. (a)(4), is classified to section 30101(8) of Title 52, Voting and Elections.

Amendments1980–2006 · 4 rounds

2006

Subsec. (b). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

1994

Pub. L. 103–322, which directed the amendment of this section by substituting “under this title” for “not more than $5,000”, could not be executed because the phrase “not more than $5,000” does not appear in text. See 1993 Amendment note below.

1993

Pub. L. 103–94 designated existing provisions as subsec. (a), substituted “; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both” for “to knowingly solicit, any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both” in par. (4), and added subsec. (b).

1980

Pub. L. 96–187 amended section generally to conform its terms to revision of the Federal Election Campaign Act of 1971 by title I of Pub. L. 96–187.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment; Savings Provision

Amendment by Pub. L. 103–94 effective 120 days after , but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, and no provision of Pub. L. 103–94 to affect any proceedings with respect to which charges were filed on or before 120 days after , with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been enacted, see section 12 of Pub. L. 103–94, set out as an Effective Date; Savings Provision note under section 7321 of Title 5, Government Organization and Employees.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–187 effective , see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of Title 52, Voting and Elections.

Credits

1948–2006 · 5 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 722
  2. 1980Pub. L. 96–187, title II, § 201(a)(3), , 93 Stat. 1367
  3. 1993Pub. L. 103–94, § 4(a), , 107 Stat. 1004
  4. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147
  5. 2006Pub. L. 109–435, title VI, § 604(f), , 120 Stat. 3242.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 96–187, title II, § 201(a)(3), , 93 Stat. 1367; Pub. L. 103–94, § 4(a), , 107 Stat. 1004; Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147; Pub. L. 109–435, title VI, § 604(f), , 120 Stat. 3242.)

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