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1 1 (February 20, 2025)

handle is hein.crs/govesmt0001 and id is 1 raw text is: Congressional Research Service Informing th~ Ieg~Iative debate s~nce 1914 February 20, 2025 Federal Criminal Theft Laws Stealing property likely violates numerous state laws criminalizing theft in various forms, and, depending on the circumstances, it may also run afoul of federal criminal law. Some of these federal laws are limited to specific contexts, such as theft by bank examiners, while others may have far broader reach assuming that jurisdictional requirements are satisfied. Given ongoing congressional interest in theft crimes, as indicated by bills and hearings on the topic in the 118th and 119th Congresses, this In Focus provides an overview of relevant terminology and selected federal theft statutes and their jurisdictional bases. Terminology This product uses the term theft broadly to refer to the unlawful taking of property, a definition which may overlap with a number of related concepts, such as the following: * Lorceny: traditionally, a trespassory taking and carrying away of another's property. * Robbery: at common law, robbery constituted larceny with the additional requirements that the property be taken from the person or presence of the other and that the taking be accomplished by means of force or putting in fear. * Embezzlement: a statutory crime which did not exist at common law, which generally entails (1) the fraudulent (2) conversion of (3) the property (4) of another (5) by one who is already in lawful possession of it. * Burgolry: defined by the common law to be the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony. The U.S. Code uses terms like larceny, embezzlement, robbey, and burglry in the titles of code chapters or statutory sections. Many of the underlying provisions do not actually use these terms, however, and instead use other language to describe the type of prohibited theft. Even when federal statutes use terms such as larceny, the terms do not always mean exactly what they did at common law. Therefore, this In Focus groups selected federal theft statutes thematically by their jurisdictional basis, the type of property at issue, or the prohibited conduct at issue. Maritime and Territorial ur sdict on Theft and robbery are both crimes if committed in the special maritime and territorial jurisdiction of the United States (SMTJ). As one federal appellate court has explained, the SMTJ generally includes areas where American citizens and property need protection, yet no other government effectively safeguards those interests. One quintessential example is the high seas, which are included in the definition of the SMTJ in 18 U.S.C. § 7, along with certain international waterways, federal lands, islands containing bird guano, and domestic aircrafts in flight. 18 U.S.C. § 661 authorizes various criminal penalties for theft occurring in the SMTJ. 18 U.S.C. § 2111 authorizes fines and up to 15 years of imprisonment for anyone in the SMTJ who by force and violence, or by intimidation, takes or attempts to take from the person or presence of another anything of value. .nterstate Shipments 18 U.S.C. § 659 authorizes criminal penalties for theft and various related conduct involving goods moving in interstate commerce (the precise penalties authorized in § 659 vary based on the value of the goods stolen). In general, to obtain a conviction under one of the key provisions of § 659, prosecutors must prove that (1) the defendant stole, took, or carried away the goods at issue from a list of covered locations, including railroad cars, trucks, and warehouses; (2) the goods were moving as, or were a part of, an interstate shipment; and (3) the defendant had the intent to convert them to his own use. As to the second element, goods are considered moving as part of an interstate shipment for § 659 purposes at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transshipment or otherwise. In other words, § 659 does not apply to the theft of goods that have been delivered. In practice, given § 659's focus on protecting interstate shipments of goods, federal prosecutors have used the statute to charge individuals in connection with theft of goods taken from places like warehouses and terminals or from trucks or trains. Iovernment Property Additional criminal laws may be applicable if a theft targets federal property. For example, 18 U.S.C. § 641 makes it a crime to steal any record, voucher, money, or thing of value of the United States or of any department or agency thereof. If the property stolen is worth less than $1,000, the statute authorizes fines and a maximum prison term of one year. Offenses involving property of greater value may be punished by fines and up to 10 years of imprisonment. Another statute, 18 U.S.C. § 2112, prohibits robbery of personal property belonging to the United States, and 18 U.S.C. § 648 bars embezzlement of public funds. Additional provisions, including 16 U.S.C. § 470ee, prohibit related conduct, such as unauthorized removal of archeological resources from public lands. Traffcking an Stolen Goods 18 U.S.C. §§ 2314 and 2315 are related statutes, which can be traced back at least as far as the 1934 enactment of the National Stolen Property Act. Neither statute criminalizes theft. Rather, each focuses on various activities, such as the transport of stolen property in interstate or foreign commerce and the sale of stolen property that has crossed

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