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CITE

    18 USC Sec. 2232                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 109 - SEARCHES AND SEIZURES

HEAD

    Sec. 2232. Destruction or removal of property to prevent seizure

STATUTE

      (a) Destruction or Removal of Property To Prevent Seizure. -
    Whoever, before, during, or after any search for or seizure of
    property by any person authorized to make such search or seizure,
    knowingly destroys, damages, wastes, disposes of, transfers, or
    otherwise takes any action, or knowingly attempts to destroy,
    damage, waste, dispose of, transfer, or otherwise take any action,
    for the purpose of preventing or impairing the Government's lawful
    authority to take such property into its custody or control or to
    continue holding such property under its lawful custody and
    control, shall be fined under this title or imprisoned not more
    than 5 years, or both.
      (b) Impairment of In Rem Jurisdiction. - Whoever, knowing that
    property is subject to the in rem jurisdiction of a United States
    court for purposes of civil forfeiture under Federal law, knowingly
    and without authority from that court, destroys, damages, wastes,
    disposes of, transfers, or otherwise takes any action, or knowingly
    attempts to destroy, damage, waste, dispose of, transfer, or
    otherwise take any action, for the purpose of impairing or
    defeating the court's continuing in rem jurisdiction over the
    property, shall be fined under this title or imprisoned not more
    than 5 years, or both.
      (c) Notice of Search or Execution of Seizure Warrant or Warrant
    of Arrest In Rem. - Whoever, having knowledge that any person
    authorized to make searches and seizures, or to execute a seizure
    warrant or warrant of arrest in rem, in order to prevent the
    authorized seizing or securing of any person or property, gives
    notice or attempts to give notice in advance of the search,
    seizure, or execution of a seizure warrant or warrant of arrest in
    rem, to any person shall be fined under this title or imprisoned
    not more than 5 years, or both.
      (d) Notice of Certain Electronic Surveillance. - Whoever, having
    knowledge that a Federal investigative or law enforcement officer
    has been authorized or has applied for authorization under chapter
    119 to intercept a wire, oral, or electronic communication, in
    order to obstruct, impede, or prevent such interception, gives
    notice or attempts to give notice of the possible interception to
    any person shall be fined under this title or imprisoned not more
    than five years, or both.
      (e) Foreign Intelligence Surveillance. - Whoever, having
    knowledge that a Federal officer has been authorized or has applied
    for authorization to conduct electronic surveillance under the
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et
    seq.), in order to obstruct, impede, or prevent such activity,
    gives notice or attempts to give notice of the possible activity to
    any person shall be fined under this title or imprisoned not more
    than five years, or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 98-473, title II,
    Sec. 1103, Oct. 12, 1984, 98 Stat. 2143; Pub. L. 99-508, title I,
    Sec. 109, Oct. 21, 1986, 100 Stat. 1858; Pub. L. 99-646, Sec. 33,
    Nov. 10, 1986, 100 Stat. 3598; Pub. L. 100-690, title VII, Sec.
    7066, Nov. 18, 1988, 102 Stat. 4404; Pub. L. 103-322, title XXXIII,
    Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 106-185,
    Sec. 12, Apr. 25, 2000, 114 Stat. 218.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 121 (Mar. 4, 1909, ch.
    321, Sec. 65, 35 Stat. 1100).
      Section was formed from the words following the first semicolon
    and ending with the second semicolon, in section 121 of title 18,
    U.S.C., 1940 ed.
      The remaining provisions of section 121 of title 18, U.S.C., 1940
    ed., relating to assaulting, resisting, or interfering with customs
    officers, revenue officers, or other persons, and to the rescue of
    seized property, constitute, along with provisions from other
    sections, sections 2231 and 2233 of this title.
      Minor changes were made in phraseology.

REFERENCES IN TEXT

      The Foreign Intelligence Surveillance Act of 1978, referred to in
    subsec. (e), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
    amended, which is classified principally to chapter 36 (Sec. 1801
    et seq.) of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1801 of Title 50 and Tables.

AMENDMENTS

      2000 - Pub. L. 106-185 added subsecs. (a) to (c), redesignated
    first and second pars. of former subsec. (c) as subsecs. (d) and
    (e), respectively, inserted subsec. (e) heading, and struck out
    former subsecs. (a) and (b) which related to physical interference
    with search and notice of search, respectively.
      1994 - Subsecs. (a), (b). Pub. L. 103-322 substituted "fined
    under this title" for "fined not more than $10,000".
      1988 - Subsec. (c). Pub. L. 100-690 inserted "of 1978" after
    "Surveillance Act".
      1986 - Pub. L. 99-646 directed the designation of first and
    second pars. as subsecs. (a) and (b), respectively, which had been
    previously so designated by Pub. L. 99-508, and substituted
    "imprisoned not" for "imprisoned" in subsec. (a).
      Pub. L. 99-508 designated first and second pars. as subsecs. (a)
    and (b), respectively, and inserted headings, and added subsec.
    (c).
      1984 - Pub. L. 98-473, Sec. 1103(a), substituted provisions
    raising the maximum fine from $2,000 to $10,000 and raising the
    maximum term of imprisonment from two years to five years.
      Pub. L. 98-473, Sec. 1103(b), inserted paragraph relating to the
    penalties for warning the subject of a search.
                     EFFECTIVE DATE OF 2000 AMENDMENT
      Amendment by Pub. L. 106-185 applicable to any forfeiture
    proceeding commenced on or after the date that is 120 days after
    Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note
    under section 1324 of Title 8, Aliens and Nationality.
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,
    1986, and, in case of conduct pursuant to court order or extension,
    applicable only with respect to court orders and extensions made
    after such date, with special rule for State authorizations of
    interceptions, see section 111 of Pub. L. 99-508, set out as a note
    under section 2510 of this title.
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