Federal Stolen Property Act

The Federal Stolen Property Act — Title 18 U.S.C., Chapter 113 — gives the federal government jurisdiction over several categories of stolen-property, trafficking, and counterfeit-goods offenses when interstate or foreign commerce is involved. A theft that might otherwise be handled solely under state law can become a federal case when the stolen property crosses state lines, is transported in interstate commerce, or is knowingly received after such movement. Chapter 113 covers stolen vehicles, stolen goods or money above statutory thresholds, stolen livestock, counterfeit labels and packaging, criminal copyright infringement, counterfeit trademark goods, and certain vehicle-identification-number offenses. The chapter is broad, but it is not a single universal theft code: each section has its own elements, monetary thresholds, and commerce hooks.

Current Law (2026)

Legal Authority

• 18 U.S.C. § 2311 — Definitions: "aircraft" means any contrivance for air navigation or flight; "cattle" means bulls, steers, cows, heifers, or calves; "livestock" means horses, pigs, llamas, goats, fowl, sheep, buffalo, cattle; "money" means U.S. legal tender or foreign equivalents; "motor vehicle" includes road vehicles and watercraft; "securities" includes any paper of value issued by a government or corporate entity
• 18 U.S.C. § 2312 — Transportation of stolen vehicles (Dyer Act): transporting a stolen motor vehicle, vessel, or aircraft in interstate or foreign commerce — up to 10 years imprisonment
• 18 U.S.C. § 2313 — Sale or receipt of stolen vehicles: receiving, possessing, concealing, storing, bartering, selling, or disposing of a stolen motor vehicle, vessel, or aircraft that crossed a state or U.S. boundary — up to 10 years; "State" includes D.C. and territories
• 18 U.S.C. § 2314 — Transportation of stolen goods, securities, or money: transporting goods, wares, merchandise, securities, or money worth $5,000 or more across state lines knowing them to be stolen; also covers wire fraud and fraudulent check schemes using interstate commerce — up to 10 years
• 18 U.S.C. § 2315 — Sale or receipt of stolen goods: receiving, concealing, storing, bartering, or disposing of goods, securities, or money worth $5,000 or more (or pledging goods worth $500 or more as loan collateral) that crossed a state line after being stolen — up to 10 years
• 18 U.S.C. § 2316 — Transportation of stolen livestock: transporting stolen livestock in interstate or foreign commerce — up to 5 years
• 18 U.S.C. § 2317 — Sale or receipt of stolen livestock: receiving, concealing, storing, buying, or disposing of stolen livestock moving in interstate commerce — up to 5 years
• 18 U.S.C. § 2318 — Trafficking in counterfeit labels or illicit labels: trafficking in counterfeit or unauthorized labels affixed to phonorecords, computer programs, motion pictures, literary works, pictorial works, or audiovisual works — up to 5 years
• 18 U.S.C. § 2319 — Criminal copyright infringement: criminal penalties for violating 17 U.S.C. § 506(a); up to 5 years for reproduction/distribution of 10+ copies with retail value of $2,500+ within 180 days; up to 10 years for repeat offenders
• 18 U.S.C. § 2319A — Unauthorized fixation and trafficking of live musical performance recordings: "bootlegging" live concerts — recording, transmitting, or distributing without performer consent and for commercial advantage — up to 5 years
• 18 U.S.C. § 2320 — Trafficking in counterfeit goods or services: intentionally trafficking in goods or services using a counterfeit trademark likely to cause confusion; also covers counterfeit military goods, medicines, or products that cause serious injury — up to 10 years ($2 million fine) first offense; up to 20 years ($5 million fine) if counterfeit product causes serious bodily injury or death
• 18 U.S.C. § 2321 — Trafficking in vehicles with altered VINs: buying, possessing, or controlling a motor vehicle knowing the vehicle identification number has been removed, obliterated, or altered, with intent to sell — up to 10 years; exceptions for collision/fire damage or non-violating alterations

How It Works

Chapter 113's federal jurisdiction rests on the interstate or foreign commerce nexus: these offenses apply because property crossed a state or national border, not simply because something was stolen. Different sections target different roles in a scheme — the transporter, receiver, fence, counterfeiter, or downstream reseller may each trigger a distinct offense. The core stolen-goods provisions (18 U.S.C. §§ 2314–2315) use a $5,000 threshold for most stolen-property cases, while vehicle, livestock, and counterfeit-goods provisions use different structures. Knowledge is central across these offenses — prosecutors must prove the defendant knew the goods were stolen, counterfeit, or unlawfully altered. In practice, Chapter 113 charges rarely stand alone: indictments typically pair them with wire fraud and mail fraud, money laundering, RICO, identity theft, or Hobbs Act counts, with the specific stolen-property sections establishing the factual nexus within the broader federal criminal law framework. The dedicated offense structures below cover the major categories.

The Stolen Vehicle Law (Dyer Act)

The National Motor Vehicle Theft Act — commonly called the Dyer Act — is the oldest provision in this chapter, enacted in 1919 before there was federal general criminal jurisdiction. Congress used the Commerce Clause to target car thieves who routinely transported stolen vehicles across state lines to escape state law enforcement. Sections 2312 and 2313 together close the loop: § 2312 covers the transporter, and § 2313 covers the person who receives, stores, or sells the vehicle on the other end, as long as the vehicle has crossed a state or U.S. boundary.

The "knowing" requirement is central to both sections. The government must prove you knew the vehicle was stolen — not just that it was stolen. This is why federal prosecutors often target the network (the "chop shop," the exporter, the dealer with fraudulent titles) rather than the individual car thief. In auto theft rings, the same car may generate multiple federal charges: transport (§ 2312), VIN alteration (§ 2321), wire fraud in obtaining false titles (§ 2314), and conspiracy.

The $5,000 Threshold for General Goods

Sections 2314 and 2315 are the workhorse provisions for stolen property cases involving merchandise, money, and securities. The $5,000 threshold is an aggregation threshold — the government can aggregate multiple thefts within a single scheme to reach the $5,000 figure. Courts have repeatedly held that a single defendant who shipped stolen goods worth $4,000 in one trip and $1,500 in another may be charged under § 2314 if the shipments are part of a single scheme.

Section 2314 is broad, but it is still text-specific. It reaches the interstate or foreign transportation of certain stolen or fraudulently obtained goods, securities, money, and related items meeting the statutory threshold, and it also includes separate provisions dealing with forged, altered, or fraudulently obtained securities and tax stamps. The key point is not simply that the defendant committed theft, but that the defendant transported or caused qualifying property or instruments to move in interstate or foreign commerce with the required knowledge. In modern indictments, prosecutors often charge § 2314 alongside wire or mail fraud rather than treating it as a substitute for those statutes.

Counterfeit Goods and Intellectual Property Crimes

The Federal Stolen Property Act has been extended over decades to cover modern intellectual property crimes. Sections 2318, 2319, 2319A, and 2320 together create a comprehensive federal regime for criminal IP enforcement:

Counterfeit labels (§ 2318) targets the physical packaging and authentication markings. You do not need to infringe the underlying copyright to violate § 2318 — trafficking in counterfeit or illicit labels for movies, software, music, or artwork is independently criminal.

Criminal copyright infringement (§ 2319) applies the penalties of Title 17 (the Copyright Act) through the criminal justice system. It requires proving willful infringement for commercial advantage or private financial gain, or reproduction/distribution of 10 or more copies with retail value exceeding $2,500 within any 180-day period. Digital piracy operations, large-scale counterfeiting rings, and commercial bootleggers are the primary targets. Penalties escalate sharply for repeat offenders: a second conviction can result in up to 10 years imprisonment.

Live concert bootlegging (§ 2319A) protects performers against unauthorized recording and distribution of their live performances. The consent required is the performer's — not the venue's. This section is distinct from copyright because a live performance may not be "fixed" in a medium before it is bootlegged, meaning traditional copyright protections do not automatically apply.

Counterfeit trademark goods (§ 2320) is the broadest commercial counterfeiting provision. The law covers not just fake luxury goods but also — critically — counterfeit military goods, counterfeit pharmaceutical products, counterfeit automobile parts, and any counterfeit product that causes or could cause serious bodily injury. When a counterfeit product actually kills or seriously injures someone, the maximum penalty jumps from 10 to 20 years. Homeland Security Investigations (HSI) is the lead federal agency for counterfeit goods enforcement, often in partnership with Customs and Border Protection at ports of entry.

How It Affects You

If you're a consumer: Buying counterfeit goods — even knowingly purchasing fake designer items for personal use — creates demand for criminal networks. Federal prosecutors generally do not target individual consumers, but knowing purchasers in the supply chain (retailers, resellers) can face § 2315 charges if goods are worth $5,000 or more in aggregate.

If you're a business: Protect yourself from receiving stolen merchandise by conducting due diligence on suppliers. Receiving stolen goods that have crossed state lines worth $5,000 or more — even if you are not the thief — violates § 2315 if you knew or should have known the goods were stolen. Implement purchase records and vendor verification processes. Auto dealers face particular exposure under § 2313 and § 2321 for vehicles with questionable titles or altered VINs.

If you're a content creator or rights holder: Sections 2318–2320 give federal law enforcement tools to combat commercial piracy and counterfeiting of your work. File formal complaints with FBI or HSI for large-scale commercial infringement; civil remedies under Title 17 and the Lanham Act are also available and often run in parallel.

If you're a livestock owner or rancher: Cattle rustling is a federal crime under §§ 2316–2317 when animals cross state lines. For theft of natural resources like timber from federal land, see Federal Public Lands Crimes. The FBI and state livestock enforcement agencies coordinate on livestock theft investigations. Federal charges carry up to 5 years; when combined with wire fraud or fraud in livestock records, the sentencing exposure grows.

If you're charged: The "knowing" scienter element is the key battleground in stolen property cases. Defendants often argue they did not know the property was stolen. Federal prosecutors use circumstantial evidence — below-market purchase prices, lack of documentation, suspicious transaction patterns — to establish knowledge. Consult federal criminal defense counsel immediately.

State Variations

This chapter is exclusively federal law based on the Commerce Clause — the jurisdictional hook is interstate or foreign commerce. However:

• All 50 states have their own receiving-stolen-property and vehicle theft statutes that cover purely intrastate thefts (property that never crosses a state line)
• State and federal charges are frequently filed simultaneously for the same conduct ("dual sovereignty doctrine") — there is no double jeopardy bar between state and federal prosecution
• State trademark and counterfeiting laws supplement federal law; states like California and New York have particularly aggressive anti-counterfeiting enforcement
• Vehicle theft databases (NCIC) are shared between federal and state law enforcement, making it easier to track stolen vehicles that cross state lines

Implementing Regulations

• These offenses are principally statute-driven: Chapter 113 is implemented primarily through the statutory text, DOJ charging practice, and investigative coordination rather than a single dedicated CFR part.
• Customs and IP enforcement rules still matter operationally: CBP seizure rules, trademark-recordation systems, and copyright-enforcement procedures often supply the factual pipeline for §§ 2318-2320 cases even though the criminal elements remain in Title 18.

Pending Legislation (119th Congress)

As of April 8, 2026, no enacted federal law has materially restructured the core Federal Stolen Property Act provisions summarized here. Congress continues to debate e-commerce counterfeiting, online piracy, and supply-chain theft, but this page should be read against the current Chapter 113 structure unless Congress enacts a change.

Recent Developments

• Counterfeit-goods enforcement remains a major practical driver: CBP and HSI continue to emphasize counterfeit consumer goods, electronics, pharmaceuticals, and safety-sensitive products, which keeps § 2320 central in modern Chapter 113 enforcement.
• Organized vehicle-theft cases continue to rely on the classic vehicle statutes: Multi-state theft rings still make §§ 2312-2313 and VIN-related charges under § 2321 operationally important.
• Digital piracy and online resale markets keep the IP provisions relevant: Criminal copyright and counterfeit-label provisions remain focused on commercial-scale conduct rather than ordinary end users.
• As of April 8, 2026: The chapter's main evolution is in the kinds of schemes charged — e-commerce, supply-chain theft, organized auto theft, and digital piracy — rather than in major statutory amendments.