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Bankruptcy Act of 1898

June 1948 amendment of the Bankruptcy Act of 1898 (ch. 645)

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Act of June 25, 1948, ch. 645, 62 Stat. 683

An Act To revise, codify, and enact into positive law, Title 18 of the United States Code, entitled “Crimes and Criminal Procedure”

Eightieth Congress, Session II · Approved June 25, 1948

This is an unofficial transcription, prepared by Robert J. Pfister for ease of reading and copying. The authoritative text is the United States Statutes at Large.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Title 18 of the United States Code, entitled “Crimes and Criminal Procedure”, is hereby revised, codified, and enacted into positive law, and may be cited as “Title 18, U. S. C., § ——”, as follows:

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

Part Sec.
I.Crimes1
II.Criminal Procedure3001
III.Prisons and Prisoners4001
IV.Correction of Youthful Offenders5001

Part I—Crimes

Chapter Sec.
1.General provisions1
3.Animals, birds and fish41
5.Arson81
7.Assault111
9.Bankruptcy151
11.Bribery and graft201
13.Civil rights241
15.Claims and services in matters affecting government281
17.Coins and currency331
19.Conspiracy371
21.Contempts constituting crimes401
23.Contracts431
25.Counterfeiting and forgery471
27.Customs541
29.Elections and political activities591
31.Embezzlement and theft641
33.Emblems, insignia, and names701
35.Escape and rescue751
37.Espionage and censorship791
39.Explosives and combustibles831
41.Extortion and threats871
43.False personation911
45.Foreign relations951
47.Fraud and false statements1001
49.Fugitives from justice1071
51.Homicide1111
53.Indians1151
55.Kidnaping1201
57.Labor1231
59.Liquor traffic1261
61.Lotteries1301
63.Mail fraud1341
65.Malicious mischief1361
67.Military and Navy1381
69.Nationality and citizenship1421
71.Obscenity1461
73.Obstruction of justice1501
75.Passports and visas1541
77.Peonage and slavery1581
79.Perjury1621
81.Piracy and privateering1651
83.Postal service1691
85.Prison-made goods1761
87.Prisons1791
89.Professions and occupations1821
91.Public lands1851
93.Public officers and employees1901
95.Racketeering1951

[62 Stat. 684–688 omitted (5 pages)]

Whoever, in the commission of any such acts uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

§ 113. Assaults within maritime and territorial jurisdiction

Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:

(a) Assault with intent to commit murder or rape, by imprisonment for not more than twenty years.

(b) Assault with intent to commit any felony, except murder or rape, by fine of not more than $3,000 or imprisonment for not more than ten years, or both.

(c) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by fine of not more than $1,000 or imprisonment for not more than five years, or both.

(d) Assault by striking, beating, or wounding, by fine of not more than $500 or imprisonment for not more than six months, or both.

(e) Simple assault, by fine of not more than $300 or imprisonment for not more than three months, or both.

§ 114. Maiming within maritime and territorial jurisdiction

Whoever, within the special maritime and territorial jurisdiction of the United States, and with intent to main or disfigure, cuts, bites, or slits the nose, ear, or lip, or cuts out or disables the tongue, or puts out or destroys an eye, or cuts off or disables a limb or any member of another person; or

Whoever, within the special maritime and territorial jurisdiction of the United States, and with like intent, throws or pours upon another person, any scalding water, corrosive acid, or caustic substance—

Shall be fined not more than $1,000 or imprisoned not more than seven years, or both.

Chapter 9.—Bankruptcy

Sec.

151. Definitions.

152. Concealment of assets; false oaths and claims; bribery.

153. Embezzlement by trustee, receiver or officer.

154. Adverse interest and conduct of referees and other officers.

155. Fee agreements in bankruptcy proceedings.

§ 151. Definitions

As used in this chapter:

The term “bankrupt” means a debtor by or against whom a petition has been filed under Title 11.

The term “bankruptcy” includes any proceeding, arrangement, or plan pursuant to Title 11.

§ 152. Concealment of assets; false oaths and claims; bribery

Whoever knowingly and fraudulently conceals from the receiver, custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or from creditors in any bankruptcy proceeding, any property belonging to the estate of a bankrupt; or

Whoever knowingly and fraudulently makes a false oath or account in or in relation to any bankruptcy proceeding; or

Whoever knowingly and fraudulently presents under oath any false claim for proof against the estate of a bankrupt, or uses any such claim in any bankruptcy proceeding, personally, or by agent, proxy, or attorney, or as agent, proxy, or attorney; or

Whoever knowingly and fraudulently receives any material amount of property from a bankrupt after the filing of a bankruptcy proceeding, with intent to defeat the bankruptcy law; or

Whoever knowingly and fraudulently gives, offers, receives or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof, for acting or forbearing to act in any bankruptcy proceeding; or

Whoever, while an agent or officer of any person or corporation, and in contemplation of a bankruptcy proceeding by or against such person or corporation, or with intent to defeat the bankruptcy law, knowingly and fraudulently transfers or conceals any of the property of such person or corporation; or

Whoever, after the filing of a bankruptcy proceeding or in contemplation thereof, knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in any document affecting or relating to the property or affairs of a bankrupt; or

Whoever, after the filing of a bankruptcy proceeding, knowingly and fraudulently withholds from the receiver, custodian, trustee, marshal, or other officer of the court entitled to its possession, any document affecting or relating to the property or affairs of a bankrupt.

Shall be fined not more than $5,000 or imprisoned not more than five years, or both.

§ 153. Embezzlement by trustee, receiver or officer

Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a bankrupt which came into his charge as trustee, receiver, custodian, marshal, or other officer of the court, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

§ 154. Adverse interest and conduct of referees and other officers

Whoever knowingly acts as a referee in a case in which he is directly or indirectly interested; or

Whoever, being a referee, receiver, custodian, trustee, marshal, or other officer of the court, knowingly purchases, directly or indirectly, any property of the estate of which he is such officer in a bankruptcy proceeding; or

Whoever being such officer, knowingly refuses to permit a reasonable opportunity for the inspection of the documents and accounts relating to the affairs of estates in his charge by parties in interest when directed by the court to do so—

Shall be fined not more than $500, and shall forfeit his office, which shall thereupon become vacant.

§ 155. Fee agreements in bankruptcy proceedings

Whoever, being a party in interest, whether as a debtor, creditor, receiver or trustee or a representative of any of them, in any receivership, bankruptcy, or reorganization proceeding, in or under the supervision of any court of the United States, enters into any agreement, express or implied, with another such party in interest, for the purpose of fixing the fees or other compensation to be paid, to any party in interest for services rendered in connection therewith, from the assets of the estate in excess of the compensation allowed by law; or

Whoever, being a judge of a court of the United States knowingly approves the payment of any fees or compensation so fixed—

Shall be fined not more than $5,000 or imprisoned not more than one year, or both.

Chapter 11.—Bribery and Graft

Sec.

201. Offer to officer or other person.

202. Acceptance or solicitation by officer or other person.

203. Acceptance or demand by district attorneys or marshals or their assistants.

[62 Stat. 691–817 omitted (127 pages)]

of Indian Affairs or the Secretary of the Interior may execute all warrants of arrest and other lawful precepts issued under the authority of the United States and in the execution of his duty he may command all necessary assistance.

§ 3056. Secret Service powers

The Secretary of the Treasury is authorized to direct and use the Secret Service Division of the Treasury Department to detect, arrest, and deliver into custody any person violating any of the provisions of sections 508 and 509 of this title and, insofar as the Federal Deposit Insurance Corporation, Federal land banks, joint-stock land banks and national farm loan associations are concerned, of sections 218, 221, 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907 and 1909 of this title.

§ 3057. Bankruptcy investigations

(a) Any referee, receiver, or trustee having reasonable grounds for believing that any violations of the bankruptcy laws or laws relating to insolvent debtors, receiverships or reorganization plans has been committed, or that an investigation should be had in connection therewith, shall report to the appropriate United States attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed. Where one of such officers has made such report, the others need not do so.

(b) The United States attorney thereupon shall inquire into the facts and report thereon to the referee, and if it appears probable that any such offense has been committed, shall without delay, present the matter to the grand jury, unless upon inquiry and examination he decides that the ends of public justice do not require investigation or prosecution, in which case he shall report the facts to the Attorney General for his direction.

§ 3058. Interned belligerent nationals

Whoever, belonging to the armed land or naval forces of a belligerent nation or belligerent faction and being interned in the United States, in accordance with the law of nations, leaves or attempts to leave said jurisdiction, or leaves or attempts to leave the limits of internment without permission from the proper official of the United States in charge, or willfully overstays a leave of absence granted by such official, shall be subject to arrest by any marshal or deputy marshal of the United States, or by the military or naval authorities thereof, and shall be returned to the place of internment and there confined and safely kept for such period of time as the official of the United States in charge shall direct.

§ 3059. Rewards and appropriations therefor

There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $25,000 as a reward or rewards for the capture of anyone who is charged with violation of criminal laws of the United States or any State or of the District of Columbia, and an equal amount as a reward or rewards for information leading to the arrest of any such person, to be apportioned and expended in the discretion of, and upon such conditions as may be imposed by, the Attorney General of the United States. Not more than $25,000 shall be expended for information or capture of any one person.

If any of the said persons shall be killed in resisting lawful arrest, the Attorney General may pay any part of the reward money in his discretion to the person or persons whom he shall adjudge to be entitled thereto but no reward money shall be paid to any official or employee of the Department of Justice of the United States.

[62 Stat. 819–827 omitted (9 pages)]

§ 3282. Offenses not capital

Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within three years next after such offense shall have been committed.

§ 3283. Customs and slave trade violations

No person shall be prosecuted, tried or punished for any violation of the customs laws or the slave trade laws of the United States unless the indictment is found or the information is instituted within five years next after the commission of the offense.

§ 3284. Concealment of bankrupt’s assets

The concealment of assets of a bankrupt or other debtor shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge.

§ 3285. Criminal contempt

No proceeding for criminal contempt within section 402 of this title shall be instituted against any person, corporation or association unless begun within one year from the date of the act complained of; nor shall any such proceeding be a bar to any criminal prosecution for the same act.

§ 3286. Seduction on vessel of United States

No person shall be prosecuted, tried, or punished for seduction in violation of section 2198 of this title unless indictment is found or the information is filed within one year after the vessel on which the offense was committed arrives at its port of destination.

§ 3287. Wartime suspension of limitations

When the United States is at war the running of any statute of limitations applicable to any offense (1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not, or (2) committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States, or (3) committed in connection with the negotiation, procurement, award, performance, payment for, interim financing, cancelation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency, shall be suspended until three years after the termination of hostilities as proclaimed by the President or by a concurrent resolution of Congress.

Definitions of terms in section 103 of Title 41 shall apply to similar terms used in this section.

§ 3288. Reindictment where defect found after period of limitations

Whenever an indictment is dismissed for any error, defect or irregularity with respect to the grand jury, or is found otherwise defective or insufficient for any cause, after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned not later than the end of the next succeeding regular term of such court, following the term at which such indictment was found defective or insufficient, during which a grand jury shall be in session which new indictment shall not be barred by any statute of limitations.

[62 Stat. 829–862 omitted (34 pages)]

 Statutes at LargeU. S. Code
DateChapterSectionVolumePageTitleSection
1872—May 21178 1713731100
     38130
     4384
1874—June 2238910181772587
1875—Feb. 1880(¹)1831825218
Feb. 229561833428522
Mar. 11143, 418336, 337844, 45
Mar. 31451, 218479, 48018700, 710, 713
1876—Apr. 1356 193218582
July 12183 198818696–698
1877—Feb. 2769(²)1924425241, 243
1878—Mar. 1637 203028632
     341200, Art. 42 (a)
June 31514209018103
June 19317 2017118102
1879—Mar. 1125920341, 34218593
1882—July 12290132216612591
Aug. 33781–522215, 21618655, 656, 657, 667, 668
1884—July 41801 (part)23³ 9425249
July 522512312218585
1886—Aug. 490132422139172
1887—Feb. 232131, 22441118708, 709
Mar. 339722463528660
1889—Feb. 611362565618681
1891—Mar. 35291, 2, 4–926839, 84018710, 713, 741–744, 745, 746, 747, 748
1892—July 23234 27260, 26125241, 243
1894–Aug. 27349⁴ 342855718216
1895—Jan. 122333, 34286054438, 53
Mar. 114582869725241a
Mar. 21891 (part)28⁵ 95718763, 764
Do1891 (part)28⁶ 95718765
1896—May 282521829183, 18428590
Do252⁷ 192918418594
June 1040012938018761, 762, 766
Do4002, 3, 429380, 38118761, note
1898—May 17340 3041718749
July 154129305541152
July 7578 307181881
     38126
     43787
1900—June 6793 3165618651, 652
1901—Mar. 16701 (part)31⁸ 84418198a
Mar. 2⁹ 814 3195618594
Mar. 38531 (part)31¹⁰ 118518791, 792, 793
Do873 31145018696–698
1902—Apr. 215631 (part)32¹¹ 11318321
June 14108833238622219
June 2111401–332397, 39818710, 711, 712, 712a
June 2813011 (part)32¹² 47518668
1903—Feb. 95291, 232806, 80718592, 666
1905—Jan. 523433600364
Feb. 64541, 23369818244, 664, 665
Mar. 31405 33¹³ 86418117
Do14061 (part)33¹⁴ 91118198a
1906—Apr. 271997 3414918712, 712a
June 2835651, 234536, 53718145, note
1907—Mar. 12285 34¹⁵ 101725248
Mar. 22564 34124618682
1909—Mar. 43211–13, 18–37, 39–73, 82, 84–101, 103–253, 268–340, 342–344351088–1101, 1103–1139, 1141–1153, 1159181–8, 21–25, 30, 51, 52, 54–59, 71–76, 78–80, 82–88, 91, 97, 99–101, 103–113, 116–121, 123–129, 135, 144, 145, 172–185, 187, 188, 192–196, 198–200, 202–212, 214, 215, 231–

¹ Only the part amending R. S. § 2146.

² Only the part amending R. S. § 2139.

³ Second sentence, only, of the seventh paragraph appearing on this page.

⁴ Only the provisions amending R. S. § 3167.

⁵ First and third provisos appearing on this page.

⁶ Fourth proviso commencing on this page and ending on p. 958.

⁷ Second sentence of proviso, only.

⁸ Second proviso, commencing on this page and ending on p. 845.

⁹ Only the provisions amending second sentence of proviso in Act, May 28, 1896, ch. 252, § 19, 29 Stat. 184.

¹⁰ First, second, and third provisos, only, appearing on this page.

¹¹ Only the sixth full paragraph appearing on this page.

¹² First proviso, only, appearing on this page.

¹³ Only the second full paragraph appearing on this page.

¹⁴ First proviso in the fifth paragraph appearing on this page.

¹⁵ All following the semicolon in the fourth full paragraph appearing on this page.

[62 Stat. 864–866 omitted (3 pages)]

 Statutes at LargeU. S. Code
DateChapterSectionVolumePageTitleSection
1935—Continued      
Aug. 23614⁵² 10149684 (700–703)12264 (s)–264 (u), 264 (w), 264 (x)
Do⁵³ 61410149684 (701)12264 (B) (v) (1)
Do614316, 318, 326 (a) (b), 332, 33349712, 715, 716, 719, 72012583, 585, 587, 588a, 592–594
Aug. 26692 4986618349a
Do693 4986718317
Do694 4986718320
Aug. 27740201, 20449877, 8781853a, 77a, 646
Do748549892, 89325305d
Do748⁵⁴ 64989325305e
1936—Jan. 2429 49109918408c-1
Feb. 840 49110518253
June 206351, 249155722248
Do6402–5, 7, 8491562, 1563, 156428695a–695d, 695f, 695g
June 24746 491899, 190018407a
June 258151–8, 10–12491928–193018388–390
     27221–228
Do816649193646710a
June 26830349194018253
1937—June 19367 5030418542
July 225175250531, 53271026
Aug. 24746 50748, 74928421
Do747 5074912588b
Aug. 25777 5081028531, 572a
Sept. 189623–2650899421423–1426
1938—Jan. 1221–5523, 45045, 45a–45d
Jan. 27102–4526, 718261, 286, 350
Do11252815176b
Feb. 3139, 105224–26121731 (a), 1731 (d–f)
Feb. 11241, 2522818754
Feb. 1630514 (a), (b), (c) (d), (e)5276, 7771514 (a), (b), (c), (d), (e)
Feb. 2837 5282, 831876
Apr. 469 52197, 1981880, 82–86
June 154351, 252696, 69725241, note, 241, 243
June 164861–7, 952764–76618921–927, 929
June 22575⁵⁵ 152855–8571152
Do⁵⁶ 594 5294328634
June 2567926521089191598
June 29813 521242, 124318407a
1939—May 61151 (part)53⁵⁷ 66318647
May 151331, 253742–74418338a, 338b, 408d
Do134 53744, 74518361
May 22141 537521876a
June 51841, 2538091876c, 76d
June 13197 53814, 81518645
June 19209 5384018393
Aug. 24101–8, 10, 11531147–11491861–61g, 61j, 61k
Do410⁵⁸ 13  1861m
Do410⁵⁹ 17  1861q
Aug. 34131–6531178, 117918415–418a, 419
Aug. 44191, 253119818581a, 581b
Aug. 5429 53120318354
Do434 53120518467a
Aug. 7557 531256, 125718317
Aug. 106381, 253134118338c, 338d
1940—Jan. 131 541318241a
Mar. 2571 54⁶⁰ 6318647
Mar. 28721, 2, 3 (b), 4–95479, 801836, 98, 345, 381
     22220–222, 231, 232, 601
     5031, 35, 193
Mar. 2873 54801897
Apr. 17101 5411028421
Apr. 30164 541711886
Do1761–354175, 17618733, 733a, 733b
June 6241 5423418468
June 8276 5424925217a
Do286 54255, 25618412a
June 11323 5430418451
Do3261–35430618469–471
June 13359 5439118253
June 25426 54571, 5721876e
June 284391–554670, 671189–13

⁵² The part amending sec. 12 B (s–u), (w, x) of Act, Dec. 23, 1913, ch. 6, as added by Act, June 16, 1933, ch. 89, § 8 (part), 48 Stat. 168 (177, 178).

⁵³ The part amending sec. 12 B (v) of Act of Dec. 23, 1913, ch. 6, as added by Act, June 16, 1933, ch. 89, § 8 (part), 48 Stat. 168 (178), being specifically the provisions which, in said Act of Aug. 23, 1935, ch. 614, § 101, 49 Stat. 684 (701), were re-designated as sec. 12 B (v) (1).

⁵⁴ First paragraph, only.

⁵⁵ All provisions amending Act, July 1, 1898, ch. 541, § 29, 30 Stat. 554.

⁵⁶ All provisions amending R. S. § 859.

⁵⁷ First proviso, only, appearing on this page.

⁵⁸ As added by Act, July 19, 1940, ch. 640, § 4 (part), 54 Stat. 770.

⁵⁹ As added by Act, July 19, 1940, ch. 640, § 4 (part), 54 Stat. 771.

⁶⁰ First proviso, only, appearing on this page.

 Statutes at LargeU. S. Code
DateChapterSectionVolumePageTitleSection
1940—Continued      
June 29445 5468818687
Do4491–554692, 69318641, 718, 719, 723c, 753k
Do455 5469512588b
July 10567 5474718587
July 196401, 3, 5, 654767, 7721861a, 61j, 61m-1, 61t
Oct 8762 54102118203
Oct. 9777654102818382–385
Do7851–5541058, 105918576, 576a–576d
Oct. 14872 54113418396a
Do876346 (a–h), (l), 347541163–11688746 (a–h), (l), 747
Oct. 178971–6541201–12041814, 14 note 15–17
Nov. 30926 541220, 122150101, 104–106
1941—May 311561 (part)55⁶¹ 22018647
June 14204 5525218753f
June 21212 55254, 25518746a, 746b
June 282611055365121731 (d)
July 9283 5558118396a
July 11287 5558318518a
Aug. 183661–655631, 63218419a, 419b, 419c, 419d
Aug. 21388 5565550104
Oct. 21453 55743, 74418753f
Nov. 154721, 255763, 76418106, 107
Nov. 21492 5577918689
Dec. 22618 5585318521
Dec. 316421–355876, 87718503, 503, note, 504
1942—Mar. 7160 5614118361
Mar. 101781 (part)56⁶² 15818647
Mar. 21191 561731897a
Mar. 2719911065618450 App.641e
May 9295156271, 27218682
Aug. 245551, 256747, 74818590a
Sept. 16561⁶³ 314  50344
Dec. 248231, 2, 356108718420f, 420g, 420h
Do824 561087, 108850101
1943—June 301791 (part)57⁶⁴ 25818647
Nov. 22302 575911887
1944—Mar. 4821, 2, 3, 45811118472, 473, 474
Apr. 1151 58149, 15018282a
Apr. 4162 5818818469
July 135819 (a), (d), (e),58667, 66841⁶⁵ 119
Do35819 (b)5866718590a
Sept. 27425 5875218294
Oct. 3479285878118590a
Dec. 20623458837121150c
Dec. 237061, 2, 358914, 9151862, 62a, 62b
1945—Apr. 30103 591011897b
May 15126 5916818518a
June 81781, 2, 359234, 23518241, 241a, 242
July 3133995951631804b
Sept. 243831, 2, 35953618408
1946—May 15258 6018218518a
July 3537 604201517 note
     18420a–420e-1
     2952 note, 101 note, 151 note
July 10547 60524, 52518641
July 24606 6065618409–411
Aug. 2735 6078918408e
Aug. 14964⁶⁶ 3601,06471,026
1947—Apr. 1639 615218411
May 1673 619718744h-1
June 21111 6113418244
June 23120304611592251

⁶¹ First proviso, only, appearing on this page.

⁶² First proviso, only, appearing on this page.

⁶³ As added by Act, Apr. 1, 1944, ch. 150 (part), 58 Stat. 146.

⁶⁴ Second proviso, only, appearing on this page.

⁶⁵ First, second, third, and sixth paragraphs, only, of this section of title 41 of the United States Code, 1940 edition.

⁶⁶ Only the provisions amending section 52 of Act, July 22, 1937, ch. 517, title IV, 50 Stat. 531, 532.

Approved June 25, 1948, 12:23 p. m., E. D. T.