CITE
18 USC Sec. 491 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
HEAD
Sec. 491. Tokens or paper used as money
STATUTE
(a) Whoever, being 18 years of age or over, not lawfully
authorized, makes, issues, or passes any coin, card, token, or
device in metal, or its compounds, intended to be used as money, or
whoever, being 18 years of age or over, with intent to defraud,
makes, utters, inserts, or uses any card, token, slug, disk,
device, paper, or other thing similar in size and shape to any of
the lawful coins or other currency of the United States or any coin
or other currency not legal tender in the United States, to procure
anything of value, or the use or enjoyment of any property or
service from any automatic merchandise vending machine, postage-
stamp machine, turnstile, fare box, coinbox telephone, parking
meter or other lawful receptacle, depository, or contrivance
designed to receive or to be operated by lawful coins or other
currency of the United States, shall be fined under this title, or
imprisoned not more than one year, or both.
(b) Whoever manufactures, sells, offers, or advertises for sale,
or exposes or keeps with intent to furnish or sell any token, slug,
disk, device, paper, or other thing similar in size and shape to
any of the lawful coins or other currency of the United States, or
any token, disk, paper, or other device issued or authorized in
connection with rationing or food and fiber distribution by any
agency of the United States, with knowledge or reason to believe
that such tokens, slugs, disks, devices, papers, or other things
are intended to be used unlawfully or fraudulently to procure
anything of value, or the use or enjoyment of any property or
service from any automatic merchandise vending machine, postage-
stamp machine, turnstile, fare box, coinbox telephone, parking
meter, or other lawful receptacle, depository, or contrivance
designed to receive or to be operated by lawful coins or other
currency of the United States shall be fined under this title or
imprisoned not more than one year, or both.
Nothing contained in this section shall create immunity from
criminal prosecution under the laws of any State, Commonwealth of
Puerto Rico, territory, possession, or the District of Columbia.
(c) "Knowledge or reason to believe", within the meaning of
paragraph (b) of this section, may be shown by proof that any law-
enforcement officer has, prior to the commission of the offense
with which the defendant is charged, informed the defendant that
tokens, slugs, disks, or other devices of the kind manufactured,
sold, offered, or advertised for sale by him or exposed or kept
with intent to furnish or sell, are being used unlawfully or
fraudulently to operate certain specified automatic merchandise
vending machines, postage-stamp machines, turnstiles, fare boxes,
coin-box telephones, parking meters, or other receptacles,
depositories, or contrivances, designed to receive or to be
operated by lawful coins of the United States.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 710; Pub. L. 87-667, Sept. 19,
1962, 76 Stat. 555; Pub. L. 103-322, title XXXIII, Sec.
330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 282, 282a (Mar. 4,
1909, ch. 321, Sec. 168, 35 Stat. 1120, and Sec. 168a as added Apr.
1, 1944, ch. 151, 58 Stat. 149).
Mandatory punishment provision in subsection (a) was rephrased in
the alternative.
Sections were consolidated and changes were made in phraseology.
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of "principal" in section 2 of
this title.
Punishment provision in paragraph (a) of 5 years was changed to 1
year to make the offense a misdemeanor as was done in paragraph (b)
of this section, which represents the latest expression of the
intention of Congress. See definition of felony and misdemeanor in
section 1 of this title and note thereunder.
In paragraph (b) the $3,000 fine was reduced to $1,000 to conform
to paragraph (a) and as more in keeping with the gravity of
offense.
AMENDMENTS
1994 - Subsecs. (a), (b). Pub. L. 103-322 substituted "fined
under this title" for "fined not more than $1,000".
1962 - Subsec. (a). Pub. L. 87-667 inserted "being 18 years of
age or over," before "not lawfully authorized", and "or whoever,
being 18 years of age or over, with intent to defraud, makes,
utters, inserts, or uses any card, token, slug, disk, device,
paper, or other thing similar in size and shape to any of the
lawful coins or other currency of the United States or any coin or
other currency not legal tender in the United States, to procure
anything of value, or the use or enjoyment of any property or
service from any automatic merchandise vending machine, postage-
stamp machine, turnstile, fare box, coinbox telephone, parking
meter or other lawful receptacle, depository, or contrivance
designed to receive or to be operated by lawful coins or other
currency of the United States," and deleted "for any 1-cent, 2-
cent, 3-cent, or 5-cent piece, authorized by law, or for coins of
equal value" after "intended to be used as money".
Subsec. (b). Pub. L. 87-667 substituted "device, paper, or other
thing similar" for "device similar", "paper, or other device issued
or authorized in connection with rationing or food and fiber
distribution" for "or other device issued or authorized in
connection with rationing", and "devices, papers, or other things
are intended to be used unlawfully" for "or other devices may be
used unlawfully", inserted "or other currency" before "of the
United States" in two places, and "lawful" before "receptacle,
depository", and provided that nothing in this section shall create
immunity from criminal prosecution under the laws of any State,
Commonwealth of Puerto Rico, territory, possession, or the District
of Columbia.