§2117 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Breaking a seal or lock, or entering a railroad car, ship, airplane, truck, wagon, other vehicle, or pipeline that holds goods sent between states or from other countries, with the intent to steal, is a federal crime. The punishment can be a fine, up to ten years in prison, or both. If the item is a pre-retail medical product (see section 670), the sentence follows section 670 unless this law gives a longer term. A state conviction or acquittal for the same acts blocks federal prosecution for those acts. This law does not replace state laws or cancel them unless they conflict with its purposes.

Title 18, §2117

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever breaks the seal or lock of any railroad car, vessel, aircraft, motortruck, wagon or other vehicle or of any pipeline system, containing interstate or foreign shipments of freight or express or other property, or enters any such vehicle or pipeline system with intent in either case to commit larceny therein, shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof.

Notes & Related Subsidiaries

Historical and Revision Notes

1948 ActBased on title 18, U.S.C., 1940 ed., § 409 (Feb. 13, 1913, ch. 50, § 1, 37 Stat. 670; Jan. 28, 1925, ch. 102, 43 Stat. 793; Jan. 21, 1933, ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656). Other provisions of section 409 of title 18, U.S.C., 1940 ed., were incorporated in section 659 and 660 of this title. Minor changes were made in phraseology. 1949 ActThis section [section 44] conforms section 2117 of title 18, U.S.C., more closely with the original law from which it was derived, and with section 659 of such title.

Editorial Notes

Amendments

2012—Pub. L. 112–186 inserted at end of first par. “If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.” 1994—Pub. L. 103–322, which directed the amendment of section 2217 of this title by substituting “under this title” for “not more than $5,000”, was executed by making the substitution in the first par. of this section, to reflect the probable intent of Congress, because this title does not contain a section 2217. 1966—Pub. L. 89–654 substituted “Breaking or entering carrier facilities” for “Railroad car entered or seal broken” as section catchline, inserted reference to “pipeline system”, substituted “freight or express or other property” for “freight or express”, and prohibited any

Construction

which might indicate a Congressional intent to occupy the field or invalidate State law. 1949—Act May 24, 1949, inserted last par.

Executive Documents

Executive Order No. 11836 Ex. Ord. No. 11836, Jan. 27, 1975, 40 F.R. 4255, which assigned responsibilities to Federal departments and agencies with respect to the National Cargo Security Program, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

§2117 Breaking or entering carrier facilities