§2071 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a crime to purposely and illegally hide, take away, damage, erase, or destroy records or similar items that are filed with federal courts, public offices, or federal officers, or to try to do those things. The punishment can be a fine, up to 3 years in prison, or both. If a person who has custody of those records does this on purpose, they face the same fine and up to 3 years in prison, and they will lose their office and be barred from holding any U.S. office. "Office" does not include a retired U.S. Armed Forces officer's position.

Title 18, §2071

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b)Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 234, 235 (Mar. 4, 1909, ch. 321, §§ 128, 129, 35 Stat. 1111, 1112). Section consolidates section 234 and 235 of title 18, U.S.C., 1940 ed. Reference in subsection (a) to intent to steal was omitted as covered by section 641 of this title. Minor changes were made in phraseology.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000” in subsecs. (a) and (b). 1990—Subsec. (b). Pub. L. 101–510 inserted at end “As used in this subsection, the term ‘office’ does not include the office held by any person as a retired officer of the Armed Forces of the United States.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 Amendment Pub. L. 101–510, div. A, title V, § 552(b), Nov. 5, 1990, 104 Stat. 1567, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of January 1, 1989.”

§2071 Concealment, removal, or mutilation generally