THE CRIMINAL CODE

The Criminal Code was enacted by Act March 4, 1909, c. 321, 35 Stat. 1088, entitled "An act to codify, revise, and amend the penal laws of the United States," the enacting clause of which was as follows:

"Be it enacted, etc., That the penal laws of the United States be, and they hereby are, codified, revised, and amended, with title, chapters, headnotes, and sections, entitled, numbered, and to read as follows."

Said act took effect January 1, 1910, by section 345 thereof, post, § 10519. This Title of this compilation includes said Criminal Code and specific amendments thereof incorporated in the several sections amended, and subsequent provisions relating to subjects embraced in the Code, each such provision inserted in connection with the provisions of the Code of the same nature.

Many sections of Title LXX of the Revised Statutes, "Crimes," and subsequent acts and parts of acts relating to the subjects thereof, were incorporated in the Criminal Code and repealed or superseded thereby. Such repeals, etc.. are indicated specifically, post, under the several chapters of said Title LXX affected thereby.

Acts and parts of acts subsequent to the Revised Statutes relating to subjects included in Title LXII thereof, but not within the scope of the Criminal Code, which remain in force, are set forth, post, under the several chapters of said Title LXX.

3. Offenses against the elective franchise and civil rights of citizens.... 10183

10. The slave trade and peonage..

10419

11. Offenses within the admiralty and maritime and the territorial jurisdiction of the United States.

10445

12. Piracy and other offenses upon the Seas.

10463

13. Certain offenses in the Territories.

14. General and special provisions.

15. Repealing provisions..

§ 10165. (Crim. Code, § 1.) Treason defined.

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason.

R. S. § 5331. Act March 4, 1909, c. 321, § 1, 35 Stat. 1088.

§ 10166. (Crim. Code, § 2.) Punishment for.

Whoever is convicted of treason shall suffer death; or, at the discretion of the court, shall be imprisoned not less than five years and fined not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States.

R. S. § 5332. Act March 4, 1909, c. 321, § 2, 35 Stat. 1088.

§ 10167. (Crim. Code, § 3.) Misprision of treason defined; punishment for.

Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than seven years and fined not more than one thousand dollars.

R. S. § 5333. Act March 4, 1909, c. 321, § 3, 35 Stat. 1088.

§ 10168. (Crim. Code, § 4.) Inciting, etc., rebellion or insurrection; punishment for.

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States. or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both; and shall, moreover, be incapable of holding any office under the United States.

R. S. § 5334. Act March 4, 1909, c. 321, § 4, 35 Stat. 1088.

§ 10169. (Crim. Code, § 5.) Criminal correspondence with foreign governments; punishment for; redress of private injuries. Every citizen of the United States, whether actually resident or abiding within the same, or in any place subject to the jurisdiction thereof, or in any foreign country, without the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government

or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States; and every person, being a citizen of or resident within the United States or in any place subject to the jurisdiction thereof, and not duly authorized, counsels, advises, or assists in any such correspondence with such intent, shall be fined not more than five thousand dollars and imprisoned not more than three years; but nothing in this section shall be construed to abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.

R. S. & 5335. Act March 4, 1909, c. 321, § 5, 35 Stat. 1088.

§ 10170. (Crim. Code, § 6.) Seditious conspiracy; punishment

for.

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than five thousand dollars, or imprisoned not more than six years, or both.

R. S. § 5336. Act March 4, 1909, c. 321, § 6, 35 Stat. 1089.

Provisions defining and punishing conspiracies to prevent the acceptance or holding of an office under the United States were made by Crim. Code, § 21, post, 10185.

§ 10171. (Crim. Code, § 7.) Recruiting for service against United States; punishment for.

Whoever recruits soldiers or sailors within the United States. or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same, or opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States, shall be fined not more than one thousand dollars and imprisoned not more than five years.

R. S. § 5337. Act March 4, 1909, c. 321, § 7, 35 Stat. 1089.

§ 10172. (Crim. Code, § 8.) Enlisting to serve against United States; punishment for.

Every person enlisted or engaged within the United States or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility against the United States, shall be fined one hundred dollars and imprisoned not more than three years.

R. S. § 5338. Act March 4, 1909, c. 321, § 8, 35 Stat. 1089.

(4683)

§ 10173. (Crim. Code, § 9.) Accepting foreign commission to serve against friendly power; punishment for.

Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than two thousand dollars and imprisoned not more than three years.

R. S. § 5281. Act March 4, 1909, c. 321, § 9, 35 Stat. 1089.

§ 10174. (Crim. Code, § 10.) Enlisting in foreign service; punishment for.

Whoever, within the territory or jurisdiction of the United States, enlists, or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, shall be fined not more than one thousand dollars and imprisoned not more than three years.

R. S. § 5282. Act March 4, 1909, c. 321, § 10, 35 Stat. 1089.

§ 10175. (Crim. Code, § 11.) Arming vessels against friendly powers; punishment; forfeiture of vessel, etc.

Whoever, within the territory or jurisdiction of the United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming of any vessel, with intent that such vessel shall be employed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, or whoever issues or delivers a commission within the territory or jurisdiction of the United States for any vessel, to the intent that she

may be so employed, shall be fined not more than ten thousand dollars and imprisoned not more than three years. And every such vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer and the other half to the use of the United States.

R. S. § 5283. Act March 4, 1909, c. 321, § 11, 35 Stat. 1090.

§ 10176. (Crim. Code, § 12.) Augmenting force of foreign armed vessel; punishment for.

Whoever, within the territory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be fined not more than one thousand dollars and imprisoned not more than one year.

R. S. § 5285. Act March 4, 1909, c. 321, § 12, 35 Stat. 1090.

§ 10177. (Crim. Code, § 13.) Organizing military expedition against friendly power; punishment for.

Whoever, within the territory or jurisdiction of the United States, begins, or sets on foot, or provides or prepares the means for, any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, shall be fined not more than three thousand dollars and imprisoned not more than three years.

R. S. § 5286. Act March 4, 1909, c. 321, § 13, 35 Stat. 1090.

§ 10178. (Crim. Code, § 14.) Enforcement by courts; employment of land or naval forces.

The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this chapter; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of