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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 31 — Embezzlement and Theft

§ 645. Court officers generally

Statutory text

Whoever, being a United States marshal, clerk, receiver, referee, trustee, or other officer of a United States court, or any deputy, assistant, or employee of any such officer, retains or converts to his own use or to the use of another or after demand by the party entitled thereto, unlawfully retains any money coming into his hands by virtue of his official relation, position or employment, is guilty of embezzlement and shall, where the offense is not otherwise punishable by enactment of Congress, be fined under this title or not more than double the value of the money so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

It shall not be a defense that the accused person had any interest in such moneys or fund.

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. § 645

    June 25, 1948, ch. 645, 62 Stat. 726

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 726

  2. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(2)(G) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 645

    Pub. L. 103–322, § 330016(2)(G), substituted “be fined under this title or not more than double the value of the money so embezzled, whichever is greater, or imprisoned” for “be fined not more than double the value of the money so embezzled or imprisoned”

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(2)(G), substituted “be fined under this title or not more than double the value of the money so embezzled, whichever is greater, or imprisoned” for “be fined not more than double the value of the money so embezzled or imprisoned”.

    Enacted provision · exact public law section
    (G) in sections 643, 644, 645, 647, 648, 649, 650, 651, 652, 653, and 1711 by inserting “under this title or” after “be fined” the first place it appears; and by inserting “, whichever is greater,” before “or imprisoned” the first place it appears;

  3. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(H) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 645

    Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” after “he shall be”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” after “he shall be”.

    Enacted provision · exact public law section
    (H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;

  4. Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 606(a) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 645

    Pub. L. 104–294 substituted “$1,000” for “$100”

    Source evidence

    Code amendment note
    Pub. L. 104–294 substituted “$1,000” for “$100”.

    Enacted provision · exact public law section
    (a) Sections 215, 288, 641, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 872, 1003, 1025, 1163, 1361, 1707, 1711, and 2113 of title 18, United States Code, are amended by striking “$100” each place it appears and inserting “$1,000”.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 186 (May 29, 1920, ch. 212, 41 Stat. 630).

The smaller punishment for an offense involving $100 or less was inserted to conform to section 641 of this title which represents a later expression of congressional intent.

Minor changes were made in phraseology.

Editorial Notes

Amendments1994–1996 · 2 rounds

1996

Pub. L. 104–294 substituted “$1,000” for “$100”.

1994

Pub. L. 103–322, § 330016(2)(G), substituted “be fined under this title or not more than double the value of the money so embezzled, whichever is greater, or imprisoned” for “be fined not more than double the value of the money so embezzled or imprisoned”.

Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” after “he shall be”.

Credits

1948–1996 · 3 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 726
  2. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(G), , 108 Stat. 2147, 2148
  3. 1996Pub. L. 104–294, title VI, § 606(a), , 110 Stat. 3511.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 726; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(G), , 108 Stat. 2147, 2148; Pub. L. 104–294, title VI, § 606(a), , 110 Stat. 3511.)

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USLM identifier /us/usc/t18/s645