Title 18 — Crimes and Criminal Procedure
Part I · Chapter 31 — Embezzlement and Theft
§ 652. Disbursing officer paying lesser in lieu of lawful amount
Statutory text
Whoever, being an officer, clerk, agent, employee, or other person charged with the payment of any appropriation made by Congress, pays to any clerk or other employee of the United States, or of any department or agency thereof, a sum less than that provided by law, and requires such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined under this title or in double the amount so withheld, whichever is greater, or imprisoned not more than two years, or both; but if the amount embezzled is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both.
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. § 652
June 25, 1948, ch. 645, 62 Stat. 727
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 727Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(2)(G) · 108 Stat. 1796
Substituted · 18 U.S.C. § 652
Pub. L. 103–322, § 330016(2)(G), substituted “shall be fined under this title or in double the amount so withheld, whichever is greater, or imprisoned” for “shall be fined in double the amount so withheld or imprisoned”
Source evidence
Code amendment note
Pub. L. 103–322, § 330016(2)(G), substituted “shall be fined under this title or in double the amount so withheld, whichever is greater, or imprisoned” for “shall be fined in double the amount so withheld 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;Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(1)(H) · 108 Stat. 1796
Substituted · 18 U.S.C. § 652
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”;Economic Espionage Act of 1996
Pub. L. 104–294 title VI § 606(a) · 110 Stat. 3488
Substituted · 18 U.S.C. § 652
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., § 172 (Mar. 4, 1909, ch. 321, § 86, 35 Stat. 1105).
Words “or of any department or agency thereof,” were inserted after “United States” so as to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title.)
Mandatory punishment provision made in alternative.
The smaller punishment for an offense involving $100 or less was added. (See reviser’s note under sections 641, 645 of this title.)
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 “shall be fined under this title or in double the amount so withheld, whichever is greater, or imprisoned” for “shall be fined in double the amount so withheld 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
- 1948June 25, 1948, ch. 645, 62 Stat. 727
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(G), , 108 Stat. 2147, 2148
- 1996Pub. L. 104–294, title VI, § 606(a), , 110 Stat. 3511.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 727; 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.)