18 U.S.C. § 513

Current through P.L. 118-82 (published on www.congress.gov on 09/20/2024)
Section 513 - Securities of the States and private entities
(a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title 1 or imprisoned for not more than ten years, or both.
(b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.
(c) For purposes of this section-
(1) the term "counterfeited" means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;
(2) the term "forged" means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents;
(3) the term "security" means-
(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) 2 of the Electronic Fund Transfer Act, money order, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property;
(B) an instrument evidencing ownership of goods, wares, or merchandise;
(C) any other written instrument commonly known as a security;
(D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or
(E) a blank form of any of the foregoing;
(4) the term "organization" means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce; and
(5) the term "State" includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.

1 See 1994 Amendment note below.

2 See References in Text note below.

18 U.S.C. § 513

Added Pub. L. 98-473, title II, §1105(a), Oct. 12, 1984, 98 Stat. 2144, §511; renumbered §513, Pub. L. 99-646, §31(a), Nov. 10, 1986, 100 Stat. 3598; amended Pub. L. 101-647, §3515, 104 Stat. 4923; Pub. L. 103-322, §§330008, 330016, 108 Stat. 2142, 2148.

EDITORIAL NOTES

REFERENCES IN TEXTSection 916 of the Electronic Fund Transfer Act, referred to in subsec. (c)(3)(A), was renumbered section 917 by Pub. L. 111-24, §401, 123 Stat. 1751, and is classified to section 1693n of Title 15, Commerce and Trade.

AMENDMENTS1994-Subsec. (a). Pub. L. 103-322, §330016(2)(C), which directed the amendment of this section by substituting "under this title" for "of not more than $250,000", was executed by making the substitution for "not more than $250,000", to reflect the probable intent of Congress. Subsec. (b). Pub. L. 103-322, §330016(2)(C), substituted "fine under this title" for "fine of not more than $250,000".Subsec. (c)(4). Pub. L. 103-322, §330008(1), substituted "association of persons" for "association or persons".1990-Subsec. (c)(3)(A). Pub. L. 101-647 struck out "(15 U.S.C. 1693(c))" after "Electronic Fund Transfer Act" and inserted comma after "profit-sharing agreement".