Title 18 -- Crimes and Criminal Procedure


-CITE-
    18 USC CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
    .
 
-HEAD-
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-MISC1-
    Sec.
    700. Desecration of the flag of the United States; penalties.
    701. Official badges, identification cards, other insignia.
    702. Uniform of armed forces and Public Health Service.
    703. Uniform of friendly nation.
    704. Military medals or decorations.
    705. Badge or medal of veterans' organizations.
    706. Red Cross.
    707. 4-H Club emblem fraudulently used. (FOOTNOTE 1)
       (FOOTNOTE 1) So in original.  Does not conform to section
    catchline.
    708. Swiss Confederation coat of arms.
    709. False advertising or misuse of names to indicate Federal
      agency.
    710. Cremation urns for military use.
    711. ''Smokey Bear'' character or name.
    711a. ''Woodsy Owl'' character, name, or slogan.
    712. Misuse of names, words, emblems, or insignia.
    713. Use of likenesses of the great seal of the United States, the
      seals of the President and Vice President, the seal of the United
      States Senate, the seal of the United States House of
      Representatives, and the seal of the United States Congress.
    (714. Repealed.)
    715. ''The Golden Eagle Insignia''.
                                 AMENDMENTS
      1997 - Pub. L. 105-55, title III, Sec. 308(e), Oct. 7, 1997, 111
    Stat. 1198, substituted ''Use of likenesses of the great seal of
    the United States, the seals of the President and Vice President,
    the seal of the United States Senate, the seal of the United States
    House of Representatives, and the seal of the United States
    Congress'' for ''Use of likenesses of the great seal of the United
    States, the seals of the President and Vice President, and the seal
    of the United States Senate'' in item 713.
      1991 - Pub. L. 102-229, title II, Sec. 210(e), Dec. 12, 1991, 105
    Stat. 1717, substituted ''Use of likenesses of the great seal of
    the United States, the seals of the President and Vice President,
    and the seal of the United States Senate.'' for ''Use of likenesses
    of the great seal of the United States, and of the seals of the
    President and Vice President.'' in item 713.
      1990 - Pub. L. 101-647, title XXXV, Sec. 3518, Nov. 29, 1990, 104
    Stat. 4923, inserted a comma after ''INSIGNIA'' in chapter heading.
      1982 - Pub. L. 97-258, Sec. 2(d)(1)(A), Sept. 13, 1982, 96 Stat.
    1058, struck out item 714 relating to ''Johnny Horizon'' character
    or name.
      1974 - Pub. L. 93-318, Sec. 8, June 22, 1974, 88 Stat. 245, added
    item 711a.
      1973 - Pub. L. 93-147, Sec. 1(b), Nov. 3, 1973, 87 Stat. 555,
    substituted ''Misuse of names, words, emblems, or insignia'' for
    ''Misuse of names by collecting agencies to indicate Federal
    agency'' in item 712.
      1972 - Pub. L. 92-347, Sec. 3(c), July 11, 1972, 86 Stat. 462,
    added item 715.
      1971 - Pub. L. 91-651, Sec. 2, Jan. 5, 1971, 84 Stat. 1941,
    inserted '', and of the seals of the President and Vice President''
    after ''United States'' in item 713.
      1970 - Pub. L. 91-419, Sec. 4, Sept. 25, 1970, 84 Stat. 871,
    added item 714.
      1968 - Pub. L. 90-381, Sec. 2, July 5, 1968, 82 Stat. 291, added
    item 700.
      1966 - Pub. L. 89-807, Sec. 1(b), Nov. 11, 1966, 80 Stat. 1525,
    added item 713.
      1959 - Pub. L. 86-291, Sec. 3, Sept. 21, 1959, 73 Stat. 570,
    added item 712.
      1952 - Act May 23, 1952, ch. 327, Sec. 2, 66 Stat. 92, added item
    711.
      1950 - Act Sept. 28, 1950, ch. 1092, Sec. 1(a), 64 Stat. 1077,
    added item 710.
      1949 - Act May 24, 1949, ch. 139, Sec. 14, 63 Stat. 91, inserted
    ''Uniform of armed forces and Public Health Service'' in lieu of
    enumerating the specific branches in item 702.
 
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    18 USC Sec. 700                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 700. Desecration of the flag of the United States; penalties
 
-STATUTE-
      (a)(1) Whoever knowingly mutilates, defaces, physically defiles,
    burns, maintains on the floor or ground, or tramples upon any flag
    of the United States shall be fined under this title or imprisoned
    for not more than one year, or both.
      (2) This subsection does not prohibit any conduct consisting of
    the disposal of a flag when it has become worn or soiled.
      (b) As used in this section, the term ''flag of the United
    States'' means any flag of the United States, or any part thereof,
    made of any substance, of any size, in a form that is commonly
    displayed.
      (c) Nothing in this section shall be construed as indicating an
    intent on the part of Congress to deprive any State, territory,
    possession, or the Commonwealth of Puerto Rico of jurisdiction over
    any offense over which it would have jurisdiction in the absence of
    this section.
      (d)(1) An appeal may be taken directly to the Supreme Court of
    the United States from any interlocutory or final judgment, decree,
    or order issued by a United States district court ruling upon the
    constitutionality of subsection (a).
      (2) The Supreme Court shall, if it has not previously ruled on
    the question, accept jurisdiction over the appeal and advance on
    the docket and expedite to the greatest extent possible.
 
-SOURCE-
    (Added Pub. L. 90-381, Sec. 1, July 5, 1968, 82 Stat. 291; amended
    Pub. L. 101-131, Sec. 2, 3, Oct. 28, 1989, 103 Stat. 777.)
 
-MISC1-
                                 AMENDMENTS
      1989 - Subsec. (a). Pub. L. 101-131, Sec. 2(a), amended subsec.
    (a) generally.  Prior to amendment, subsec. (a) read as follows:
    ''Whoever knowingly casts contempt upon any flag of the United
    States by publicly mutilating, defacing, defiling, burning, or
    trampling upon it shall be fined not more than $1,000 or imprisoned
    for not more than one year, or both.''
      Subsec. (b). Pub. L. 101-131, Sec. 2(b), amended subsec. (b)
    generally.  Prior to amendment, subsec. (b) read as follows: ''The
    term 'flag of the United States' as used in this section, shall
    include any flag, standard colors, ensign, or any picture or
    representation of either, or of any part or parts of either, made
    of any substance or represented on any substance, of any size
    evidently purporting to be either of said flag, standard, color, or
    ensign of the United States of America, or a picture or a
    representation of either, upon which shall be shown the colors, the
    stars and the stripes, in any number of either thereof, or of any
    part or parts of either, by which the average person seeing the
    same without deliberation may believe the same to represent the
    flag, standards, colors, or ensign of the United States of
    America.''
      Subsec. (d). Pub. L. 101-131, Sec. 3, added subsec. (d).
                       SHORT TITLE OF 1989 AMENDMENT
      Section 1 of Pub. L. 101-131 provided that: ''This Act (amending
    this section) may be cited as the 'Flag Protection Act of 1989'.''
 
-CROSS-
                              CROSS REFERENCES
      Penalty for mutilation or use of flag for advertising purposes,
    see section 3 of Title 4, Flag and Seal, Seat of Government, and
    the States.
 
-CITE-
    18 USC Sec. 701                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 701. Official badges, identification cards, other insignia
 
-STATUTE-
      Whoever manufactures, sells, or possesses any badge,
    identification card, or other insignia, of the design prescribed by
    the head of any department or agency of the United States for use
    by any officer or employee thereof, or any colorable imitation
    thereof, or photographs, prints, or in any other manner makes or
    executes any engraving, photograph, print, or impression in the
    likeness of any such badge, identification card, or other insignia,
    or any colorable imitation thereof, except as authorized under
    regulations made pursuant to law, shall be fined under this title
    or imprisoned not more than six months, or both.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 731; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 76a, 76b (June 29,
    1932, ch. 306, Sec. 1, 2, 47 Stat. 342; May 22, 1939, ch. 141, 53
    Stat. 752).
      Sections were consolidated.
      The term ''department or agency'' was substituted for
    ''department or independent office'' in two places to embrace all
    properly constituted agencies as defined in section 6 of this title
    and to eliminate any possible ambiguity as to scope of section.
      Minor changes were made in phraseology.
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250''.
 
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    18 USC Sec. 702                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 702. Uniform of armed forces and Public Health Service
 
-STATUTE-
      Whoever, in any place within the jurisdiction of the United
    States or in the Canal Zone, without authority, wears the uniform
    or a distinctive part thereof or anything similar to a distinctive
    part of the uniform of any of the armed forces of the United
    States, Public Health Service or any auxiliary of such, shall be
    fined under this title or imprisoned not more than six months, or
    both.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, Sec.
    15(a), 63 Stat. 91; Pub. L. 103-322, title XXXIII, Sec.
    330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
                                  1948 ACT
      Based on section 1393 of title 10, U.S.C., 1940 ed., Army and Air
    Force, and section 228 of title 42, U.S.C., 1940 ed., The Public
    Health and Welfare (June 3, 1916, ch. 134, Sec. 125, 39 Stat. 216
    (2d paragraph); July 1, 1944, ch. 373, Sec. 510, 58 Stat. 711).
      ''Auxiliary of such'' was inserted to extend protection to the
    uniforms of any auxiliary corps that may be established.
      Fine of ''$250'' was substituted for ''$300'' as being more
    consonant with the penalties provided for similar offenses in this
    chapter.
      Minor changes of phraseology also were made.
                                  1949 ACT
      This section (section 15) inserts ''armed forces'' in the catch
    line and text of section 702 of title 18, U.S.C., and thereby
    includes the Air Force which was formerly part of the Army. (See
    note to sec. 5 (of 1949 Act, set out in Legislative History note
    under section 244 of title 18)). Also, it incorporates in such
    section the provisions of act of April 15, 1948 (ch. 188, 62 Stat.
    172), which relates to this section as well as to section 1393 of
    title 10, U.S.C. (one of the sources of such sec. 701), as it
    existed at the time of the enactment of the revision of title 18
    and which was not incorporated in title 18 when the revision was
    enacted.  In this connection specific reference to the Canal Zone,
    Guam, American Samoa, and the Virgin Islands, as contained in such
    act of April 15, 1948, were omitted as covered by the phrase, ''in
    any place within the jurisdiction of the United States,'' as used
    in this amendment of such section 702 of title 18, U.S.C.
 
-REFTEXT-
                             REFERENCES IN TEXT
      For definition of Canal Zone, referred to in text, see section
    3602(b) of Title 22, Foreign Relations and Intercourse.
 
-MISC2-
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250''.
      1949 - Act May 24, 1949, inserted ''armed forces'' in lieu of
    enumerating specific branches in section catchline and text, and
    inserted ''in any place within the jurisdiction of the United
    States or in the Canal Zone''.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by Pub. L. 96-88, title V,
    Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to
    section 3508(b) of Title 20, Education.
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government
    Organization and Employees.
 
-CROSS-
                              CROSS REFERENCES
      Authority to wear uniform of officers or enlisted men of armed
    forces, see section 771 et seq. of Title 10, Armed Forces.
      Wearing of uniforms and insignia of Public Health Service, see
    section 238g of Title 42, The Public Health and Welfare.
 
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    18 USC Sec. 703                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 703. Uniform of friendly nation
 
-STATUTE-
      Whoever, within the jurisdiction of the United States, with
    intent to deceive or mislead, wears any naval, military, police, or
    other official uniform, decoration, or regalia of any foreign
    state, nation, or government with which the United States is at
    peace, or anything so nearly resembling the same as to be
    calculated to deceive, shall be fined under this title or
    imprisoned not more than six months, or both.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 732; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on section 246 of title 22, U.S.C., 1940 ed., Foreign
    Relations and Intercourse (July 8, 1918, ch. 138, 40 Stat. 821).
      Words ''upon conviction'' were deleted as surplusage, since
    punishment cannot be imposed until a conviction is secured.
      Reference to territories or places subject to jurisdiction of the
    United States was omitted in view of section 5 of this title
    defining the term ''United States.''
      Fine of ''$250'' was substituted for ''$300'' as being more
    consonant with the penalties provided for similar offenses in this
    chapter.
      Words ''unless such wearing thereof be authorized by such state,
    nation, or government'' were deleted as unnecessary and undesirable
    since it is unthinkable that a friendly power would authorize such
    deceit.
      Minor changes were made in phraseology.
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250''.
 
-CROSS-
                                 CANAL ZONE
      Applicability of section to Canal Zone, see section 14 of this
    title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 14 of this title.
 
-CITE-
    18 USC Sec. 704                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 704. Military medals or decorations
 
-STATUTE-
      (a) In General. - Whoever knowingly wears, manufactures, or sells
    any decoration or medal authorized by Congress for the armed forces
    of the United States, or any of the service medals or badges
    awarded to the members of such forces, or the ribbon, button, or
    rosette of any such badge, decoration or medal, or any colorable
    imitation thereof, except when authorized under regulations made
    pursuant to law, shall be fined under this title or imprisoned not
    more than six months, or both.
      (b) Congressional Medal of Honor. -
        (1) In general. - If a decoration or medal involved in an
      offense under subsection (a) is a Congressional Medal of Honor,
      in lieu of the punishment provided in that subsection, the
      offender shall be fined under this title, imprisoned not more
      than 1 year, or both.
        (2) Definitions. - (A) As used in subsection (a) with respect
      to a Congressional Medal of Honor, ''sells'' includes trades,
      barters, or exchanges for anything of value.
        (B) As used in this subsection, ''Congressional Medal of
      Honor'' means a medal awarded under section 3741, 6241, or 8741
      of title 10.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, Sec.
    16, 63 Stat. 92; Pub. L. 103-322, title XXXII, Sec. 320109, title
    XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2113, 2146;
    Pub. L. 103-442, Nov. 2, 1994, 108 Stat. 4630; Pub. L. 104-294,
    title VI, Sec. 604(b)(16), Oct. 11, 1996, 110 Stat. 3507.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
                                  1948 ACT
      Based on section 1425 of title 10, U.S.C., 1940 ed., Army and Air
    Force (Feb. 24, 1923, ch. 110, 42 Stat. 1286; Apr. 21, 1928, ch.
    392, 45 Stat. 437).
      Section was made to cover the decorations and medals of the Navy
    Department as well as the War Department.
      Minor changes were made in phraseology.
                                  1949 ACT
      This section (section 16) clarifies the wording of section 704 of
    title 18, U.S.C., to embrace all service decorations awarded to
    members of the armed forces whether by the Army, Navy, Air Force,
    or other branch of such forces. (See note to sec. 5 (of 1949 Act,
    set out in Legislative History note under section 244 of title
    18)).
                                 AMENDMENTS
      1996 - Subsec. (a). Pub. L. 104-294 amended Pub. L. 103-322, Sec.
    320109(1). See 1994 Amendment note below.
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 320109(2),
    330016(1)(E), amended subsec. (a) identically, substituting ''fined
    under this title'' for ''fined not more than $250''.
      Pub. L. 103-322, Sec. 320109(1), as amended by Pub. L. 104-294,
    Sec. 604(b)(16), designated existing provisions as subsec. (a) and
    inserted heading.
      Subsec. (b). Pub. L. 103-322, Sec. 320109(3), added subsec. (b).
      Subsec. (b)(2)(B). Pub. L. 103-442 inserted '', 6241, or 8741''
    after ''3741''.
      1949 - Act May 24, 1949, covered all service decorations awarded
    members of the armed forces by any of the armed services.
                      EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
    section 604(d) of Pub. L. 104-294, set out as a note under section
    13 of this title.
 
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    18 USC Sec. 705                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 705. Badge or medal of veterans' organizations
 
-STATUTE-
      Whoever knowingly manufactures, reproduces, sells or purchases
    for resale, either separately or on or appended to, any article of
    merchandise manufactured or sold, any badge, medal, emblem, or
    other insignia or any colorable imitation thereof, of any veterans'
    organization incorporated by enactment of Congress, or of any
    organization formally recognized by any such veterans' organization
    as an auxiliary of such veterans' organization, or knowingly
    prints, lithographs, engraves or otherwise reproduces on any
    poster, circular, periodical, magazine, newspaper, or other
    publication, or circulates or distributes any such printed matter
    bearing a reproduction of such badge, medal, emblem, or other
    insignia or any colorable imitation thereof, except when authorized
    under rules and regulations prescribed by any such organization,
    shall be fined under this title or imprisoned not more than six
    months, or both.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 732; Aug. 4, 1950, ch. 578, 64
    Stat. 413; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept.
    13, 1994, 108 Stat. 2146.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 76e (June 25, 1940, ch.
    426, 54 Stat. 571).
      Words beginning the section are from the punishment provision of
    last sentence which was itself rewritten without surplusage.
      Changes were made in phraseology.
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250''.
      1950 - Act Aug. 4, 1950, brought within the protection of this
    section emblems, badges, or insignia of auxiliary organizations of
    veteran's organizations incorporated by an act of Congress.
 
-CITE-
    18 USC Sec. 706                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 706. Red Cross
 
-STATUTE-
      Whoever wears or displays the sign of the Red Cross or any
    insignia colored in imitation thereof for the fraudulent purpose of
    inducing the belief that he is a member of or an agent for the
    American National Red Cross; or
      Whoever, whether a corporation, association or person, other than
    the American National Red Cross and its duly authorized employees
    and agents and the sanitary and hospital authorities of the armed
    forces of the United States, uses the emblem of the Greek red cross
    on a white ground, or any sign or insignia made or colored in
    imitation thereof or the words ''Red Cross'' or ''Geneva Cross'' or
    any combination of these words -
      Shall be fined under this title or imprisoned not more than six
    months, or both.
      This section shall not make unlawful the use of any such emblem,
    sign, insignia or words which was lawful on the date of enactment
    of this title.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, Sec.
    17, 63 Stat. 92; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E),
    Sept. 13, 1994, 108 Stat. 2146.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
                                  1948 ACT
      Based on section 4 of title 36, Patriotic Societies and
    Observances (Jan. 5, 1905, ch. 23, Sec. 4, 33 Stat. 600; June 23,
    1910, ch. 372, Sec. 1, 36 Stat. 604).
      False personation provision in first part of section was omitted
    here and incorporated in section 917 of this title.
      Words of punishment ''$250'' and ''six months'' were substituted
    for ''$500'' and ''one year'' respectively as more consonant with
    penalties provided for similar offenses in this chapter. (See
    sections 701, 704, 705 of this title.)
      Punishment provisions were also changed to omit reference to
    ''misdemeanor'' in view of definitive section 1 of this title.
      Words ''upon conviction thereof'' were omitted as surplusage,
    because punishment can only be imposed after conviction.
      Changes were made in phraseology.
                                  1949 ACT
      This section (section 17) clarifies the wording of section 706 of
    title 18, U.S.C., to embrace all service sanitary units whether
    belonging to the Army, Navy, Air Force, or other branches of the
    Armed services. (See note to sec. 5 (of 1949 Act, set out in
    Legislative History note under section 244 of title 18)).
 
-REFTEXT-
                             REFERENCES IN TEXT
      The date of enactment of this title, referred to in text, means
    June 25, 1948.
 
-MISC2-
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250'' in third par.
      1949 - Act May 24, 1949, included all service sanitary units.
 
-CROSS-
                              CROSS REFERENCES
      Fraudulent use of certain insignia, see section 701 of this
    title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 15 section 1125.
 
-CITE-
    18 USC Sec. 707                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 707. 4-H club emblem fraudulently used
 
-STATUTE-
      Whoever, with intent to defraud, wears or displays the sign or
    emblem of the 4-H clubs, consisting of a green four-leaf clover
    with stem, and the letter H in white or gold on each leaflet, or
    any insignia in colorable imitation thereof, for the purpose of
    inducing the belief that he is a member of, associated with, or an
    agent or representative for the 4-H clubs; or
      Whoever, whether an individual, partnership, corporation or
    association, other than the 4-H clubs and those duly authorized by
    them, the representatives of the United States Department of
    Agriculture, the land grant colleges, and persons authorized by the
    Secretary of Agriculture, uses, within the United States, such
    emblem or any sign, insignia, or symbol in colorable imitation
    thereof, or the words ''4-H Club'' or ''4-H Clubs'' or any
    combination of these or other words or characters in colorable
    imitation thereof -
      Shall be fined under this title or imprisoned not more than six
    months, or both.
      This section shall not make unlawful the use of any such emblem,
    sign, insignia or words which was lawful on the date of enactment
    of this title.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 733; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 76c and 76d (June 5,
    1939, ch. 184, Sec. 1, 2, 53 Stat. 809).
      The first provision of section 76c of title 18, U.S.C., 1940 ed.,
    relating to fraudulently pretending to be a member of a 4-H Club
    was incorporated in section 916 of this title.
      The language describing the emblem was transposed.
      Unnecessary words were omitted from punishment provision, and
    ''$250'' was substituted for ''$300'' to make the punishment
    consonant with the penalties provided for similar offenses. (See
    sections 701, 704, 705 of this title for similar offenses.)
      The language of section 76d of title 18, U.S.C., 1940 ed., was
    rephrased and inserted after ''whoever,'' in the second paragraph.
      Minor changes were made in phraseology.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The date of enactment of this title, referred to in text, means
    June 25, 1948.
 
-MISC2-
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250'' in third par.
 
-CITE-
    18 USC Sec. 708                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 708. Swiss Confederation coat of arms
 
-STATUTE-
      Whoever, whether a corporation, partnership, unincorporated
    company, association, or person within the United States, willfully
    uses as a trade mark, commercial label, or portion thereof, or as
    an advertisement or insignia for any business or organization or
    for any trade or commercial purpose, the coat of arms of the Swiss
    Confederation, consisting of an upright white cross with equal arms
    and lines on a red ground, or any simulation thereof, shall be
    fined under this title or imprisoned not more than six months, or
    both.
      This section shall not make unlawful the use of any such design
    or insignia which was lawful on August 31, 1948.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 733; Oct. 31, 1951, ch. 655, Sec.
    21a, 65 Stat. 719; Pub. L. 103-322, title XXXIII, Sec.
    330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on section 248 of title 22, U.S.C., 1940 ed., Foreign
    Relations and Intercourse (June 20, 1936, ch. 635, Sec. 1, 2, 49
    Stat. 1557).
      Reference to ''jurisdiction'' of the United States was omitted as
    unnecessary in view of definition of ''United States'' in section 5
    of this title.
      Words of punishment ''$250'' and ''six months'' were substituted
    for ''$500'' and ''one year'' respectively, as more consonant with
    penalties for similar offenses in this chapter. (See sections 701,
    704, 705 of this title.)
      Punishment provision was also changed to omit reference to
    ''misdemeanor'' in view of definitive section 1 of this title.
      Words ''upon conviction'' were omitted as surplusage, because
    punishment can only be imposed after conviction.
      Minor changes were made in phraseology.
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250'' in first par.
      1951 - Act Oct. 31, 1951, added second par.
 
-CITE-
    18 USC Sec. 709                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 709. False advertising or misuse of names to indicate Federal
        agency
 
-STATUTE-
      Whoever, except as permitted by the laws of the United States,
    uses the words ''national'', ''Federal'', ''United States'',
    ''reserve'', or ''Deposit Insurance'' as part of the business or
    firm name of a person, corporation, partnership, business trust,
    association or other business entity engaged in the banking, loan,
    building and loan, brokerage, factorage, insurance, indemnity,
    savings or trust business; or
      Whoever falsely advertises or represents, or publishes or
    displays any sign, symbol or advertisement reasonably calculated to
    convey the impression that a nonmember bank, banking association,
    firm or partnership is a member of the Federal reserve system; or
      Whoever, except as expressly authorized by Federal law, uses the
    words ''Federal Deposit'', ''Federal Deposit Insurance'', or
    ''Federal Deposit Insurance Corporation'' or a combination of any
    three of these words, as the name or a part thereof under which he
    or it does business, or advertises or otherwise represents falsely
    by any device whatsoever that his or its deposit liabilities,
    obligations, certificates, or shares are insured or guaranteed by
    the Federal Deposit Insurance Corporation, or by the United States
    or by any instrumentality thereof, or whoever advertises that his
    or its deposits, shares, or accounts are federally insured, or
    falsely advertises or otherwise represents by any device whatsoever
    the extent to which or the manner in which the deposit liabilities
    of an insured bank or banks are insured by the Federal Deposit
    Insurance Corporation; or
      Whoever, other than a bona fide organization or association of
    Federal or State credit unions or except as permitted by the laws
    of the United States, uses as a firm or business name or transacts
    business using the words ''National Credit Union'', ''National
    Credit Union Administration'', ''National Credit Union Board'',
    ''National Credit Union Share Insurance Fund'', ''Share
    Insurance'', or ''Central Liquidity Facility'', or the letters
    ''NCUA'', ''NCUSIF'', or ''CLF'', or any other combination or
    variation of those words or letters alone or with other words or
    letters, or any device or symbol or other means, reasonably
    calculated to convey the false impression that such name or
    business has some connection with, or authorization from, the
    National Credit Union Administration, the Government of the United
    States, or any agency thereof, which does not in fact exist, or
    falsely advertises or otherwise represents by any device whatsoever
    that his or its business, product, or service has been in any way
    endorsed, authorized, or approved by the National Credit Union
    Administration, the Government of the United States, or any agency
    thereof, or falsely advertises or otherwise represents by any
    device whatsoever that his or its deposit liabilities, obligations,
    certificates, shares, or accounts are insured under the Federal
    Credit Union Act or by the United States or any instrumentality
    thereof, or being an insured credit union as defined in that Act
    falsely advertises or otherwise represents by any device whatsoever
    the extent to which or the manner in which share holdings in such
    credit union are insured under such Act; or
      Whoever, not being organized under chapter 7 of Title 12,
    advertises or represents that it makes Federal Farm loans or
    advertises or offers for sale as Federal Farm loan bonds any bond
    not issued under chapter 7 of Title 12, or uses the word
    ''Federal'' or the words ''United States'' or any other words
    implying Government ownership, obligation or supervision in
    advertising or offering for sale any bond, note, mortgage or other
    security not issued by the Government of the United States under
    the provisions of said chapter 7 or some other Act of Congress; or
      Whoever uses the words ''Federal Home Loan Bank'' or any
    combination or variation of these words alone or with other words
    as a business name or part of a business name, or falsely
    publishes, advertises or represents by any device or symbol or
    other means reasonably calculated to convey the impression that he
    or it is a Federal Home Loan Bank or member of or subscriber for
    the stock of a Federal Home Loan Bank; or
      Whoever uses the words ''Federal intermediate credit bank'' as
    part of the business or firm name for any person, corporation,
    partnership, business trust, association or other business entity
    not organized as an intermediate credit bank under the laws of the
    United States; or
      Whoever uses as a firm or business name the words ''Department of
    Housing and Urban Development'', ''Housing and Home Finance
    Agency'', ''Federal Housing Administration'', ''Government National
    Mortgage Association'', ''United States Housing Authority'', or
    ''Public Housing Administration'' or the letters ''HUD'', ''FHA'',
    ''PHA'', or ''USHA'', or any combination or variation of those
    words or the letters ''HUD'', ''FHA'', ''PHA'', or ''USHA'' alone
    or with other words or letters reasonably calculated to convey the
    false impression that such name or business has some connection
    with, or authorization from, the Department of Housing and Urban
    Development, the Housing and Home Finance Agency, the Federal
    Housing Administration, the Government National Mortgage
    Association, the United States Housing Authority, the Public
    Housing Administration, the Government of the United States, or any
    agency thereof, which does not in fact exist, or falsely claims
    that any repair, improvement, or alteration of any existing
    structure is required or recommended by the Department of Housing
    and Urban Development, the Housing and Home Finance Agency, the
    Federal Housing Administration, the Government National Mortgage
    Association, the United States Housing Authority, the Public
    Housing Administration, the Government of the United States, or any
    agency thereof, for the purpose of inducing any person to enter
    into a contract for the making of such repairs, alterations, or
    improvements, or falsely advertises or falsely represents by any
    device whatsoever that any housing unit, project, business, or
    product has been in any way endorsed, authorized, inspected,
    appraised, or approved by the Department of Housing and Urban
    Development, the Housing and Home Finance Agency, the Federal
    Housing Administration, the Government National Mortgage
    Association, the United States Housing Authority, the Public
    Housing Administration, the Government of the United States, or any
    agency thereof; or
      Whoever, except with the written permission of the Director of
    the Federal Bureau of Investigation, knowingly uses the words
    ''Federal Bureau of Investigation'' or the initials ''F.B.I.'', or
    any colorable imitation of such words or initials, in connection
    with any advertisement, circular, book, pamphlet or other
    publication, play, motion picture, broadcast, telecast, or other
    production, in a manner reasonably calculated to convey the
    impression that such advertisement, circular, book, pamphlet or
    other publication, play, motion picture, broadcast, telecast, or
    other production, is approved, endorsed, or authorized by the
    Federal Bureau of Investigation; or
      Whoever, except with written permission of the Director of the
    United States Secret Service, knowingly uses the words ''Secret
    Service'', ''Secret Service Uniformed Division'', the initials
    ''U.S.S.S.'', ''U.D.'', or any colorable imitation of such words or
    initials, in connection with, or as a part of any advertisement,
    circular, book, pamphlet or other publication, play, motion
    picture, broadcast, telecast, other production, product, or item,
    in a manner reasonably calculated to convey the impression that
    such advertisement, circular, book, pamphlet or other publication,
    product, or item, is approved, endorsed, or authorized by or
    associated in any manner with, the United States Secret Service, or
    the United States Secret Service Uniformed Division; or
      Whoever, except with the written permission of the Director of
    the United States Mint, knowingly uses the words ''United States
    Mint'' or ''U.S. Mint'' or any colorable imitation of such words,
    in connection with any advertisement, circular, book, pamphlet, or
    other publication, play, motion picture, broadcast, telecast, or
    other production, in a manner reasonably calculated to convey the
    impression that such advertisement, circular, book, pamphlet, or
    other publication, play, motion picture, broadcast, telecast, or
    other production, is approved, endorsed, or authorized by or
    associated in any manner with, the United States Mint; or
      Whoever uses the words ''Overseas Private Investment'',
    ''Overseas Private Investment Corporation'', or ''OPIC'', as part
    of the business or firm name of a person, corporation, partnership,
    business trust, association, or business entity; or
      A person who, except with the written permission of the
    Administrator of the Drug Enforcement Administration, knowingly
    uses the words ''Drug Enforcement Administration'' or the initials
    ''DEA'' or any colorable imitation of such words or initials, in
    connection with any advertisement, circular, book, pamphlet,
    software or other publication, play, motion picture, broadcast,
    telecast, or other production, in a manner reasonably calculated to
    convey the impression that such advertisement, circular, book,
    pamphlet, software or other publication, play, motion picture,
    broadcast, telecast, or other production is approved, endorsed, or
    authorized by the Drug Enforcement Administration; (FOOTNOTE 1)
       (FOOTNOTE 1) So in original.  Probably should be followed by
    ''or''.
      Whoever, except with the written permission of the Director of
    the United States Marshals Service, knowingly uses the words
    ''United States Marshals Service'', ''U.S. Marshals Service'',
    ''United States Marshal'', ''U.S. Marshal'', ''U.S.M.S.'', or any
    colorable imitation of any such words, or the likeness of a United
    States Marshals Service badge, logo, or insignia on any item of
    apparel, in connection with any advertisement, circular, book,
    pamphlet, software, or other publication, or any play, motion
    picture, broadcast, telecast, or other production, in a manner that
    is reasonably calculated to convey the impression that the wearer
    of the item of apparel is acting pursuant to the legal authority of
    the United States Marshals Service, or to convey the impression
    that such advertisement, circular, book, pamphlet, software, or
    other publication, or such play, motion picture, broadcast,
    telecast, or other production, is approved, endorsed, or authorized
    by the United States Marshals Service;
      Shall be punished as follows: a corporation, partnership,
    business trust, association, or other business entity, by a fine
    under this title; an officer or member thereof participating or
    knowingly acquiescing in such violation or any individual violating
    this section, by a fine under this title or imprisonment for not
    more than one year, or both.
      This section shall not make unlawful the use of any name or title
    which was lawful on the date of enactment of this title.
      This section shall not make unlawful the use of the word
    ''national'' as part of the name of any business or firm engaged in
    the insurance or indemnity business, whether such firm was engaged
    in the insurance or indemnity business prior or subsequent to the
    date of enactment of this paragraph.
      A violation of this section may be enjoined at the suit of the
    United States Attorney, upon complaint by any duly authorized
    representative of any department or agency of the United States.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 733; Sept. 21, 1950, ch. 967,
    Sec. 3(a), 64 Stat. 894; Oct. 31, 1951, ch. 655, Sec. 22, 65 Stat.
    719; July 3, 1952, ch. 547, 66 Stat. 321; Aug. 2, 1954, ch. 649,
    title I, Sec. 131, 68 Stat. 609; Aug. 27, 1954, ch. 1008, 68 Stat.
    867; Pub. L. 90-19, Sec. 24(b), May 25, 1967, 81 Stat. 27; Pub. L.
    90-448, title VIII, Sec. 807(i), Aug. 1, 1968, 82 Stat. 545; Pub.
    L. 91-468, Sec. 5, Oct. 19, 1970, 84 Stat. 1016; Pub. L. 95-630,
    title XVIII, Sec. 1804, Nov. 10, 1978, 92 Stat. 3723; Pub. L.
    99-204, Sec. 16, Dec. 23, 1985, 99 Stat. 1676; Pub. L. 100-690,
    title VII, Sec. 7079(a), Nov. 18, 1988, 102 Stat. 4406; Pub. L.
    102-390, title II, Sec. 223, Oct. 6, 1992, 106 Stat. 1629; Pub. L.
    103-322, title XXXII, Sec. 320911(a), title XXXIII, Sec. 330004(3),
    330016(2)(C), Sept. 13, 1994, 108 Stat. 2127, 2141, 2148; Pub. L.
    104-294, title VI, Sec. 602(a), 604(b)(19), (41), Oct. 11, 1996,
    110 Stat. 3503, 3507, 3509; Pub. L. 105-184, Sec. 7, June 23, 1998,
    112 Stat. 522.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on sections 264(v)(1), 583, 584, 585, 586, 587, 1128, 1318,
    1441(d), 1731(d) of title 12, U.S.C., 1940 ed., Banks and Banking,
    section 616(d) of title 15, U.S.C., 1940 ed., Commerce and Trade,
    and section 1426 of title 42, U.S.C., 1940 ed., The Public Health
    and Welfare (R.S. Sec. 5243; Dec. 23, 1913, ch. 6, Sec. 12B(v), as
    added June 16, 1933, ch. 89, Sec. 8, 48 Stat. 178; July 17, 1916,
    ch. 245, Sec. 211h, as added Mar. 4, 1923, ch. 252, Sec. 2, 42
    Stat. 1461; Mar. 4, 1923, ch. 252, title II, Sec. 216, 42 Stat.
    1471; May 24, 1926, ch. 377, Sec. 1-4, 44 Stat. 628; Jan. 22, 1932,
    ch. 8, Sec. 16(d), 47 Stat. 12; July 22, 1932, ch. 522, Sec. 21, 47
    Stat. 738; June 27, 1934, ch. 847, Sec. 512, 48 Stat. 1265; Aug.
    23, 1935, ch. 614, Sec. 101, 203a, 318, 332, 49 Stat. 684, 704,
    712, 719; Apr. 21, 1936, ch. 244, 49 Stat. 1237; Sept. 1, 1937, ch.
    896, Sec. 26, 50 Stat. 899; Feb. 3, 1938, ch. 13, Sec. 9, 10, 52
    Stat. 24, 25; June 28, 1941, ch. 261, Sec. 10, 55 Stat. 365).
      Numerous sections were consolidated with changes both of
    phraseology and substance necessary to effect consolidation.
      The proviso of section 585 of said title 12 was omitted, since
    the consolidated section obviously cannot be construed as
    forbidding Federal agencies, boards, and corporations from using
    their legal names.  The right to continue the use of a name, lawful
    on the effective date of this section, is preserved.
      Last paragraph is based upon section 587 of said title 12. Words
    ''At the suit of'' were substituted for ''at the instance of''.
    United States Attorneys are the chief law officers of the
    districts.  United States v.  Smith, 1895, 15 S. Ct. 846, 158 U.S.
    346, 39 L. Ed. 1011; McKay v.  Rogers, C. C. A. Okl. 1936, 82 F. 2d
    795. Federal courts will not recognize suits on behalf of the
    United States unless the Government is represented by a United
    States Attorney. Confiscation cases, La. 1868, 7 Wall. 454, 19 L.
    Ed. 196.
      The words ''any duly authorized representative of any department
    or agency of the United States'' were substituted for the
    enumeration of agencies which may make complaint thus making the
    provision more flexible and less cumbersome.
      This consolidated section reconciles the disparities and
    inconsistencies of 12 sections; thus providing a harmonious scheme
    for the punishment of similar offenses.
      The punishment provision was drawn from section 587 of title 12,
    U.S.C., 1940 ed., Banks and Banking, but is in substance and effect
    the same as in sections 264v(1), 1441(d) and 1731(d) of said title
    12, but the civil penalty of $50 per day which was in sections 583,
    1128, and 1318 of said title 12, was omitted as inconsistent with
    later acts dealing with similar offenses.  Too often actions to
    recover civil penalties result in judgments which cannot be
    collected, and yet as long as they remain uncollected they clog the
    administration of justice.
      It was necessary to substitute a fine in place of a $50 per diem
    penalty for business entities embraced in sections 583, 1128, and
    1318 of said title 12, and fine and imprisonment for individuals
    responsible for such violations.  Similarly the penalty of $1,000
    fine in section 1426 of title 42, The Public Health and Welfare,
    was changed to permit alternative fine or imprisonment for
    individuals responsible for violation.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Credit Union Act, referred to in text, is act June
    26, 1934, ch. 750, 48 Stat. 1216, as amended, which is classified
    generally to chapter 14 (Sec. 1751 et seq.) of Title 12, Banks and
    Banking. For complete classification of this Act to the Code, see
    section 1751 of Title 12 and Tables.
      Chapter 7 of Title 12, referred to in text, which contained the
    Federal Farm Loan Act (act July 17, 1916, ch. 245, 39 Stat. 360) as
    amended, was classified principally to section 641 et seq. of Title
    12. The Federal Farm Loan Act, as amended, was repealed by section
    5.26(a) of the Farm Credit Act of 1971, Pub. L. 92-181, Dec. 10,
    1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act of 1971
    also provided that all references in other legislation to the Acts
    repealed thereby ''shall be deemed to refer to comparable
    provisions of this Act''. For further details, see notes under
    section 2001 of Title 12. For complete classification of the
    Federal Farm Loan Act to the Code prior to such repeal, see Tables.
      The date of enactment of this title, referred to in fifteenth
    par., means June 25, 1948.
      The date of enactment of this paragraph, referred to in
    penultimate par., means July 3, 1952.
 
-MISC2-
                                 AMENDMENTS
      1998 - Pub. L. 105-184 inserted fourteenth par. that extended
    prohibitions of section to unauthorized use of term ''United States
    Marshals Service'' or any colorable imitation, or likeness of a
    United States Marshals Service badge, logo, or insignia on any item
    of apparel.
      1996 - Pub. L. 104-294, Sec. 604(b)(41), amended directory
    language of Pub. L. 103-322, Sec. 330004(3). See 1994 Amendment
    note below.
      Pub. L. 104-294, Sec. 604(b)(19), amended directory language of
    Pub. L. 103-322, Sec. 320911(a). See 1994 Amendment notes below.
      Pub. L. 104-294, Sec. 602(a), which directed amendment of this
    section by striking out ''Whoever uses as a firm or business name
    the words 'Reconstruction Finance Corporation' or any combination
    or variation of these words - '', could not be executed because
    that language did not appear in text subsequent to amendment by
    Pub. L. 103-322, Sec. 330004(3), as amended.  See 1994 Amendment
    note below.
      1994 - Pub. L. 103-322, Sec. 330016(2)(C), substituted ''fine
    under this title'' for ''fine of not more than $1,000'' in two
    places in par. relating to punishment.
      Pub. L. 103-322, Sec. 330004(3), struck out seventh par. which
    read as follows: ''Whoever uses the words 'National Agricultural
    Credit Corporation' as part of the business or firm name of a
    person, corporation, partnership, business trust, association or
    other business entity not organized under the laws of the United
    States as a National Agricultural Credit Corporation; or''.
      Pub. L. 103-322, Sec. 330004(3), as amended by Pub. L. 104-294,
    Sec. 604(b)(41), struck out fourteenth par. which read as follows:
    ''Whoever uses as a firm or business name the words 'Reconstruction
    Finance Corporation' or any combination or variation of these words
    - ''.
      Pub. L. 103-322, Sec. 320911(a)(2), as amended by Pub. L.
    104-294, Sec. 604(b)(19), which directed the insertion of a new
    par. relating to use of the words ''Drug Enforcement
    Administration'' or the initials ''DEA'' after the fourteenth
    unnumbered par. was executed by inserting such par. after the
    twelfth par. relating to the Overseas Private Investment
    Corporation, to reflect the probable intent of Congress and
    amendments by Pub. L. 103-322, Sec. 330004(3). See above.
      Pub. L. 103-322, Sec. 320911(a)(1), as amended by Pub. L.
    104-294, Sec. 604(b)(19), which directed the substitution of
    ''words; or'' for ''words - '' in the fourteenth unnumbered par.,
    could not be executed because that par. was struck out by Pub. L.
    103-322, Sec. 330004(3). See above.
      1992 - Pub. L. 102-390 inserted par. prohibiting unauthorized use
    of the terms ''United States Mint'' or ''U.S. Mint''.
      1988 - Pub. L. 100-690 inserted provision prohibiting
    unauthorized use of words ''Secret Service'' or ''Secret Service
    Uniformed Division'', the initials ''U.S.S.S.'' or ''U.D.'', or
    other colorable imitation of such words or initials.
      1985 - Pub. L. 99-204 extended prohibitions of this section to
    use of ''Overseas Private Investment'', ''Overseas Private
    Investment Corporation'' and ''OPIC''.
      1978 - Pub. L. 95-630 in fourth par., inserted provisions
    expanding the scope of the prohibition to include anyone, other
    than a bona fide organization or association of Federal or State
    credit unions or except as permitted by the laws of the United
    States, who misuses a firm or business name or transacts business
    using ''National Credit Union'', ''National Credit Union
    Administration'', ''National Credit Union Board'', ''National
    Credit Union Share Insurance Fund'', ''Share Insurance'', or
    ''Central Liquidity Facility'', or ''NCUA'', ''NCUSIF'', or
    ''CLF'', or any other combination or variation of those words or
    letters reasonably calculated to convey the false impression that
    such name or business has some connection with or authorization
    from the National Credit Union Administration, the Government of
    the United States, or any agency thereof or represents by any
    device whatsoever that his business, product, or service is in any
    way endorsed, authorized, or approved or that he is in any way
    insured by the National Credit Union Administration, the Government
    of the United States, or any agency thereof.
      1970 - Pub. L. 91-468 extended prohibition of this section to
    include practices which would falsely represent that assets are
    insured by the Federal Credit Union Act.
      1968 - Pub. L. 90-448, in ninth par., substituted ''Government
    National Mortgage Association'' for ''Federal National Mortgage
    Association'' wherever appearing.
      1967 - Pub. L. 90-19 extended prohibition of ninth par. to misuse
    of names ''Department of Housing and Urban Development'' and
    ''United States Housing Authority'' and symbols ''HUD'', ''PHA'',
    and ''USHA''.
      1954 - Act Aug. 27, 1954, brought the use of the name or initials
    of the Federal Bureau of Investigation within the ban of the
    section.
      Act Aug. 2, 1954, in ninth par., inserted references to the
    Housing and Home Finance Agency, the Federal National Mortgage
    Association, and FHA, and inserted provisions relating to false
    claims made with respect to repairs, alterations, or improvements.
      1952 - Act July 3, 1952, permitted use of ''national'' as a part
    of the name of an insurance or indemnity company in penultimate
    par.
      1951 - Act Oct. 31, 1951, in ninth par., inserted ''Public
    Housing Administration'' in lieu of ''United States Housing
    Authority'', and inserted ''Public Housing Administration,'' after
    ''Federal Housing Administration''.
      1950 - Act Sept. 21, 1950, in third par., made subject to
    provisions of this section whoever advertises that his or its
    deposit liabilities, obligations, certificates, or shares are
    federally insured.
                      EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 604(b)(19), (41) of Pub. L. 104-294
    effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294,
    set out as a note under section 13 of this title.
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Section 320911(b) of Pub. L. 103-322 provided that: ''The
    amendment made by subsection (a) (amending this section) shall
    become effective on the date that is 90 days after the date of
    enactment of this Act (Sept. 13, 1994).''
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Section 7079(b) of Pub. L. 100-690 provided that: ''This section
    (amending this section) shall take effect 90 days after the date of
    enactment of this Act (Nov. 18, 1988).''
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-630 effective Oct. 1, 1979, see section
    1806 of Pub. L. 95-630, set out as an Effective Date note under
    section 1795 of Title 12, Banks and Banking.
                      EFFECTIVE DATE OF 1968 AMENDMENT
      Amendment by Pub. L. 90-448 effective from and after a date, no
    more than 120 days following Aug. 1, 1968, as established by the
    Secretary of Housing and Urban Development, see section 808 of Pub.
    L. 90-448, set out as an Effective Date note under section 1716b of
    Title 12, Banks and Banking.
                      EFFECTIVE DATE OF 1950 AMENDMENT
      Section 3(b) of act Sept. 21, 1950, provided that: ''The
    amendment made by subsection (a) of this section (amending this
    section) shall become effective on January 1, 1951.''
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions, powers, and duties of Housing and Home Finance Agency,
    Federal Housing Administration, and Public Housing Authority
    transferred to Secretary of Housing and Urban Development who was
    authorized to delegate such functions, powers, and duties to such
    officers and employees of Department of Housing and Urban
    Development as the Secretary may designate, see sections 3534 and
    3535 of Title 42, The Public Health and Welfare.
      United States Housing Authority consolidated with other agencies
    into Housing and Home Finance Agency and name of Authority changed
    to Public Housing Administration by Reorg. Plan No. 3 of 1947,
    eff.  July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the
    Appendix to Title 5, Government Organization and Employees.
                  GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
      For creation, succession, and principal office, see section 1717
    of Title 12, Banks and Banking.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3056 of this title.
 
-CITE-
    18 USC Sec. 710                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 710. Cremation urns for military use
 
-STATUTE-
      Whoever knowingly uses, manufactures, or sells any cremation urn
    of a design approved by the Secretary of Defense for use to retain
    the cremated remains of deceased members of the armed forces or an
    urn which is a colorable imitation of the approved design, except
    when authorized under regulation made pursuant to law, shall be
    fined under this title or imprisoned for not more than six months,
    or both.
 
-SOURCE-
    (Added Sept. 28, 1950, ch. 1092, Sec. 1(b), 64 Stat. 1077; amended
    Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13, 1994,
    108 Stat. 2146.)
 
-MISC1-
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250''.
 
-CITE-
    18 USC Sec. 711                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 711. ''Smokey Bear'' character or name
 
-STATUTE-
      Whoever, except as authorized under rules and regulations issued
    by the Secretary of Agriculture after consultation with the
    Association of State Foresters and the Advertising Council,
    knowingly and for profit manufactures, reproduces, or uses the
    character ''Smokey Bear'', originated by the Forest Service, United
    States Department of Agriculture, in cooperation with the
    Association of State Foresters and the Advertising Council for use
    in public information concerning the prevention of forest fires, or
    any facsimile thereof, or the name ''Smokey Bear'' shall be fined
    under this title or imprisoned not more than six months, or both.
 
-SOURCE-
    (Added May 23, 1952, ch. 327, Sec. 1, 66 Stat. 92; amended Pub. L.
    93-318, Sec. 5, June 22, 1974, 88 Stat. 245; Pub. L. 103-322, title
    XXXIII, Sec. 330004(4), 330016(1)(E), Sept. 13, 1994, 108 Stat.
    2141, 2146.)
 
-MISC1-
                                 AMENDMENTS
      1994 - Pub. L. 103-322, Sec. 330016(1)(E), substituted ''fined
    under this title'' for ''fined not more than $250''.
      Pub. L. 103-322, Sec. 330004(4), struck out last par. which read
    as follows: ''The Secretary of Agriculture may specially authorize
    the manufacture, reproduction, or use of the character 'Smokey
    Bear' for a period not to exceed one hundred and eighty days,
    expiring no later than one year after the enactment hereof, by any
    person who, because of plans or commitments made prior to the
    enactment of this Act, would suffer substantial loss if denied such
    authorization.''
      1974 - Pub. L. 93-318 inserted ''and for profit'' after
    ''knowingly'' and struck out ''as a trade name or in such manner as
    suggests the character 'Smokey Bear' '' after ''facsimile thereof,
    or the name 'Smokey Bear' ''.
                       DEPOSIT OF FEES; AVAILABILITY
      Deposit of fees collected under regulations governing ''Smokey
    Bear'' and availability for use, see section 580p-2 of Title 16,
    Conservation.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 16 sections 580p, 580p-3.
 
-CITE-
    18 USC Sec. 711a                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 711a. ''Woodsy Owl'' character, name, or slogan
 
-STATUTE-
      Whoever, except as authorized under rules and regulations issued
    by the Secretary, knowingly and for profit manufactures,
    reproduces, or uses the character ''Woodsy Owl'', the name ''Woodsy
    Owl'', or the associated slogan, ''Give a Hoot, Don't Pollute''
    shall be fined under this title or imprisoned not more than six
    months, or both.
 
-SOURCE-
    (Added Pub. L. 93-318, Sec. 6, June 22, 1974, 88 Stat. 245; amended
    Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13, 1994,
    108 Stat. 2146.)
 
-MISC1-
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250''.
                  DESCRIPTION OF ''WOODSY OWL'' CHARACTER
      For description of character of ''Woodsy Owl'' as referred to in
    this section, see section 580p of Title 16, Conservation.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 16 sections 580p, 580p-3.
 
-CITE-
    18 USC Sec. 712                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 712. Misuse of names, words, emblems, or insignia
 
-STATUTE-
      Whoever, in the course of collecting or aiding in the collection
    of private debts or obligations, or being engaged in furnishing
    private police, investigation, or other private detective services,
    uses or employs in any communication, correspondence, notice,
    advertisement, or circular the words ''national'', ''Federal'', or
    ''United States'', the initials ''U.S.'', or any emblem, insignia,
    or name, for the purpose of conveying and in a manner reasonably
    calculated to convey the false impression that such communication
    is from a department, agency, bureau, or instrumentality of the
    United States or in any manner represents the United States, shall
    be fined under this title or imprisoned not more than one year, or
    both.
 
-SOURCE-
    (Added Pub. L. 86-291, Sec. 1, Sept. 21, 1959, 73 Stat. 570;
    amended Pub. L. 93-147, Sec. 1(a), Nov. 3, 1973, 87 Stat. 554; Pub.
    L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108
    Stat. 2147.)
 
-MISC1-
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $1,000''.
      1973 - Pub. L. 93-147 substituted ''Misuse of names, words,
    emblems, or insignia'' for ''Misuse of names by collecting agencies
    or private detective agencies to indicate Federal agency'' in
    section catchline and substituted ''in the course'' and ''such
    communication is from a department'' for ''being engaged in the
    business'' and ''such business is a department'' respectively, and
    struck out ''as part of the firm name of such business,'' after
    ''detective services, uses''.
                               EFFECTIVE DATE
      Section 2 of Pub. L. 86-291 provided that: ''The provisions of
    this section (enacting this section) shall become effective sixty
    days from the enactment thereof (Sept. 21, 1959).''
 
-CITE-
    18 USC Sec. 713                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 713. Use of likenesses of the great seal of the United States,
        the seals of the President and Vice President, the seal of the
        United States Senate, the seal of the United States House of
        Representatives, and the seal of the United States Congress
 
-STATUTE-
      (a) Whoever knowingly displays any printed or other likeness of
    the great seal of the United States, or of the seals of the
    President or the Vice President of the United States, or the seal
    of the United States Senate, or the seal of the United States House
    of Representatives, or the seal of the United States Congress, or
    any facsimile thereof, in, or in connection with, any
    advertisement, poster, circular, book, pamphlet, or other
    publication, public meeting, play, motion picture, telecast, or
    other production, or on any building, monument, or stationery, for
    the purpose of conveying, or in a manner reasonably calculated to
    convey, a false impression of sponsorship or approval by the
    Government of the United States or by any department, agency, or
    instrumentality thereof, shall be fined under this title or
    imprisoned not more than six months, or both.
      (b) Whoever, except as authorized under regulations promulgated
    by the President and published in the Federal Register, knowingly
    manufactures, reproduces, sells, or purchases for resale, either
    separately or appended to any article manufactured or sold, any
    likeness of the seals of the President or Vice President, or any
    substantial part thereof, except for manufacture or sale of the
    article for the official use of the Government of the United
    States, shall be fined under this title or imprisoned not more than
    six months, or both.
      (c) Whoever, except as directed by the United States Senate, or
    the Secretary of the Senate on its behalf, knowingly uses,
    manufactures, reproduces, sells or purchases for resale, either
    separately or appended to any article manufactured or sold, any
    likeness of the seal of the United States Senate, or any
    substantial part thereof, except for manufacture or sale of the
    article for the official use of the Government of the United
    States, shall be fined under this title or imprisoned not more than
    six months, or both.
      (d) Whoever, except as directed by the United States House of
    Representatives, or the Clerk of the House of Representatives on
    its behalf, knowingly uses, manufactures, reproduces, sells or
    purchases for resale, either separately or appended to any article
    manufactured or sold, any likeness of the seal of the United States
    House of Representatives, or any substantial part thereof, except
    for manufacture or sale of the article for the official use of the
    Government of the United States, shall be fined under this title or
    imprisoned not more than six months, or both.
      (e) Whoever, except as directed by the United States Congress, or
    the Secretary of the Senate and the Clerk of the House of
    Representatives, acting jointly on its behalf, knowingly uses,
    manufactures, reproduces, sells or purchases for resale, either
    separately or appended to any article manufactured or sold, any
    likeness of the seal of the United States Congress, or any
    substantial part thereof, except for manufacture or sale of the
    article for the official use of the Government of the United
    States, shall be fined under this title or imprisoned not more than
    six months, or both.
      (f) A violation of the provisions of this section may be enjoined
    at the suit of the Attorney General,
        (1) in the case of the great seal of the United States and the
      seals of the President and Vice President, upon complaint by any
      authorized representative of any department or agency of the
      United States;
        (2) in the case of the seal of the United States Senate, upon
      complaint by the Secretary of the Senate;
        (3) in the case of the seal of the United States House of
      Representatives, upon complaint by the Clerk of the House of
      Representatives; and
        (4) in the case of the seal of the United States Congress, upon
      complaint by the Secretary of the Senate and the Clerk of the
      House of Representatives, acting jointly.
 
-SOURCE-
    (Added Pub. L. 89-807, Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525;
    amended Pub. L. 91-651, Sec. 1, Jan. 5, 1971, 84 Stat. 1940; Pub.
    L. 102-229, title II, Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat.
    1717; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13,
    1994, 108 Stat. 2146; Pub. L. 105-55, title III, Sec. 308(a)-(d),
    Oct. 7, 1997, 111 Stat. 1198.)
 
-MISC1-
                                 AMENDMENTS
      1997 - Pub. L. 105-55, Sec. 308(d), substituted ''the seal of the
    United States Senate, the seal of the United States House of
    Representatives, and the seal of the United States Congress'' for
    ''and the seal of the United States Senate'' in section catchline.
      Subsec. (a). Pub. L. 105-55, Sec. 308(a), inserted ''or the seal
    of the United States House of Representatives, or the seal of the
    United States Congress,'' after ''Senate,''.
      Subsecs. (d), (e). Pub. L. 105-55, Sec. 308(b), added subsecs.
    (d) and (e). Former subsec. (d) redesignated (f).
      Subsec. (f). Pub. L. 105-55, Sec. 308(b)(1), redesignated subsec.
    (d) as (f).
      Subsec. (f)(3), (4). Pub. L. 105-55, Sec. 308(c), added pars. (3)
    and (4).
      1994 - Subsecs. (a) to (c). Pub. L. 103-322 substituted ''fined
    under this title'' for ''fined not more than $250''.
      1991 - Pub. L. 102-229, Sec. 210(a), substituted ''the seals of
    the President and Vice President, and the seal of the United States
    Senate'' for ''and of the seals of the President and Vice
    President'' in section catchline.
      Subsec. (a). Pub. L. 102-229, Sec. 210(b), inserted ''or the seal
    of the United States Senate,'' after ''Vice President of the United
    States,''.
      Subsecs. (c), (d). Pub. L. 102-229, Sec. 210(c), (d), added
    subsec. (c), amended former subsec. (c) generally, and redesignated
    former subsec. (c) as (d). Prior to amendment and redesignation,
    former subsec. (c) read as follows: ''A violation of subsection (a)
    or (b) of this section may be enjoined at the suit of the Attorney
    General upon complaint by any authorized representative of any
    department or agency of the United States.''
      1971 - Pub. L. 91-651 substituted ''Use of likenesses of the
    great seal of the United States, and of the seals of the President
    and Vice President'' for ''Use of the great seal of the United
    States'' in section catchline.
      Subsec. (a). Pub. L. 91-651 redesignated existing provisions as
    subsec. (a), expanded prohibition to include likenesses of the
    seals of the President and Vice President, and added to the
    enumerated list of prohibited uses for likenesses of the great seal
    of the United States and for the seals of the President and Vice
    President, use in posters, public meetings, or on any building,
    monument, or stationery.
      Subsecs. (b), (c). Pub. L. 91-651 added subsecs. (b) and (c).
                      EFFECTIVE DATE OF 1971 AMENDMENT
      Section 3 of Pub. L. 91-651 provided that: The amendments made by
    this Act (amending this section) shall not make unlawful any
    preexisting use of the design of the great seal of the United
    States or of the seals of the President or Vice President of the
    United States that was lawful on the date of enactment of this Act
    (Jan. 5, 1971), until one year after the date of such enactment.''
 
-EXEC-
      EX. ORD. NO. 11649. REGULATIONS GOVERNING SEALS OF PRESIDENT AND
                      VICE PRESIDENT OF UNITED STATES
      Ex. Ord. No. 11649, Feb. 16, 1972, 37 F.R. 3625, as amended by
    Ex. Ord. No. 11916, May 28, 1976, 41 F.R. 22031, provided:
      By virtue to the authority vested in me by section 713(b) of
    title 18, United States Code, I hereby prescribe the following
    regulations governing the use of the Seals of the President and the
    Vice President of the United States:
      Section 1. Except as otherwise provided by law, the knowing
    manufacture, reproduction, sale, or purchase for resale of the
    Seals or Coats of Arms of the President or the Vice President of
    the United States, or any likeness or substantial part thereof,
    shall be permitted only for the following uses:
      (a) Use by the President or Vice President of the United States;
      (b) Use in encyclopedias, dictionaries, books, journals,
    pamphlets, periodicals, or magazines incident to a description or
    history of seals, coats of arms, heraldry, or the Presidency or
    Vice Presidency;
      (c) Use in libraries, museums, or educational facilities incident
    to descriptions or exhibits relating to seals, coats of arms,
    heraldry, or the Presidency or Vice Presidency;
      (d) Use as an architectural embellishment in libraries, museums,
    or archives established to house the papers or effects of former
    Presidents or Vice Presidents;
      (e) Use on a monument to a former President or Vice President;
      (f) Use by way of photographic or electronic visual reproduction
    in pictures, moving pictures, or telecasts of bona fide news
    content;
      (g) Such other uses for exceptional historical, educational, or
    newsworthy purposes as may be authorized in writing by the Counsel
    to the President.
      Sec. 2. The manufacture, reproduction, sale, or purchase for
    resale, either separately or appended to any article manufactured
    or sold, of the Seals of the President or Vice President, or any
    likeness or substantial part thereof, except as provided in this
    Order or as otherwise provided by law, is prohibited.
                                                          Richard Nixon.
 
-CITE-
    18 USC Sec. 714                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    (Sec. 714. Repealed. Pub. L. 97-258, Sec. 2(d)(1)(B), Sept. 13,
        1982, 96 Stat. 1058)
 
-MISC1-
      Section, added Pub. L. 91-419, Sec. 3, Sept. 25, 1970, 84 Stat.
    870, defined ''Johnny Horizon'' for purposes of Pub. L. 91-419.
 
-CITE-
    18 USC Sec. 715                                              01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES
 
-HEAD-
    Sec. 715. ''The Golden Eagle Insignia''
 
-STATUTE-
      As used in this section, ''The Golden Eagle Insignia'' means the
    words ''The Golden Eagle'' and the representation of an American
    Golden Eagle (colored gold) and a family group (colored midnight
    blue) enclosed within a circle (colored white with a midnight blue
    border) framed by a rounded triangle (colored gold with a midnight
    blue border) which was originated by the Department of the Interior
    as the official symbol for Federal recreation fee areas.
      Whoever, except as authorized under rules and regulations issued
    by the Secretary of the Interior, knowingly manufactures,
    reproduces, or uses ''The Golden Eagle Insignia'', or any facsimile
    thereof, in such a manner as is likely to cause confusion, or to
    cause mistake, or to deceive, shall be fined under this title or
    imprisoned not more than six months, or both.
      The use of any such emblem, sign, insignia, or words which was
    lawful on the date of enactment of this Act shall not be a
    violation of this section.
      A violation of this section may be enjoined at the suit of the
    Attorney General, upon complaint by the Secretary of the Interior.
 
-SOURCE-
    (Added Pub. L. 92-347, Sec. 3(b), July 11, 1972, 86 Stat. 461;
    amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13,
    1994, 108 Stat. 2146.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The date of enactment of this Act, referred to in text, means the
    date of enactment of Pub. L. 92-347, which was approved July 11,
    1972.
 
-MISC2-
                                 AMENDMENTS
      1994 - Pub. L. 103-322 substituted ''fined under this title'' for
    ''fined not more than $250'' in second par.


Title 18 Index       U.S. Code Index