18 U.S.C. 1960 Prohibition of unlicensed money transmitting businesses
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§ 1959 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 482
(3) ‘‘State’’ includes a State of the United (1) for murder, by death or life imprison-
States, the District of Columbia, and any com- ment, or a fine under this title, or both; and
monwealth, territory, or possession of the for kidnapping, by imprisonment for any term
United States. of years or for life, or a fine under this title,
(Added Pub. L. 98–473, title II, § 1002(a), Oct. 12, or both;
1984, 98 Stat. 2136, § 1952A; renumbered § 1958 and (2) for maiming, by imprisonment for not
amended Pub. L. 100–690, title VII, §§ 7053(a), more than thirty years or a fine under this
7058(b), Nov. 18, 1988, 102 Stat. 4402, 4403; Pub. L. title, or both;
101–647, title XII, § 1205(k), title XXXV, § 3558, (3) for assault with a dangerous weapon or
Nov. 29, 1990, 104 Stat. 4831, 4927; Pub. L. 103–322, assault resulting in serious bodily injury, by
title VI, § 60003(a)(11), title XIV, § 140007(b), title imprisonment for not more than twenty years
XXXII, § 320105, title XXXIII, § 330016(1)(L), (N), or a fine under this title, or both;
(Q), Sept. 13, 1994, 108 Stat. 1969, 2033, 2111, 2147, (4) for threatening to commit a crime of vio-
2148; Pub. L. 104–294, title VI, §§ 601(g)(3), 605(a), lence, by imprisonment for not more than five
Oct. 11, 1996, 110 Stat. 3500, 3509; Pub. L. 108–458, years or a fine under this title, or both;
(5) for attempting or conspiring to commit
title VI, § 6704, Dec. 17, 2004, 118 Stat. 3766.)
murder or kidnapping, by imprisonment for
Editorial Notes not more than ten years or a fine under this
title, or both; and
AMENDMENTS (6) for attempting or conspiring to commit a
2004—Subsec. (a). Pub. L. 108–458, § 6704(1), substituted crime involving maiming, assault with a dan-
‘‘facility of’’ for ‘‘facility in’’. gerous weapon, or assault resulting in serious
Subsec. (b)(2). Pub. L. 108–458, § 6704(2), inserted ‘‘or bodily injury, by imprisonment for not more
foreign’’ after ‘‘interstate’’.
1996—Subsec. (a). Pub. L. 104–294 substituted comma than three years or a fine of 1 under this title,
for ‘‘or who conspires to do so’’ after ‘‘or who conspires or both.
to do so’’ and substituted ‘‘this title or imprisoned’’ for (b) As used in this section—
‘‘this title and imprisoned’’ before ‘‘for not more than (1) ‘‘racketeering activity’’ has the meaning
twenty years’’.
1994—Pub. L. 103–322, § 330016(1)(Q), which directed the set forth in section 1961 of this title; and
amendment of this section by substituting ‘‘under this (2) ‘‘enterprise’’ includes any partnership,
title’’ for ‘‘not more than $50,000’’, could not be exe- corporation, association, or other legal entity,
cuted because the phrase ‘‘not more than $50,000’’ did and any union or group of individuals associ-
not appear in text subsequent to amendment of subsec. ated in fact although not a legal entity, which
(a) by Pub. L. 103–322, § 60003(a)(11). See below. is engaged in, or the activities of which affect,
Subsec. (a). Pub. L. 103–322, § 330016(1)(N), substituted interstate or foreign commerce.
‘‘fined under this title’’ for ‘‘fined not more than
$20,000’’ after ‘‘injury results, shall be’’. (Added Pub. L. 98–473, title II, § 1002(a), Oct. 12,
Pub. L. 103–322, § 330016(1)(L), substituted ‘‘fined under 1984, 98 Stat. 2137, § 1952B; renumbered § 1959,
this title’’ for ‘‘fined not more than $10,000’’ before ‘‘or Pub. L. 100–690, title VII, § 7053(b), Nov. 18, 1988,
imprisoned for not more than ten years’’. 102 Stat. 4402; Pub. L. 103–322, title VI,
Pub. L. 103–322, §§ 140007(b), 320105, each amended sub-
sec. (a) by inserting ‘‘or who conspires to do so’’ after § 60003(a)(12), title XXXIII, §§ 330016(1)(J), (2)(C),
‘‘anything of pecuniary value,’’. 330021(1), Sept. 13, 1994, 108 Stat. 1969, 2147, 2148,
Pub. L. 103–322, § 60003(a)(11), substituted ‘‘and if 2150.)
death results, shall be punished by death or life impris-
onment, or shall be fined not more than $250,000, or Editorial Notes
both’’ for ‘‘and if death results, shall be subject to im-
prisonment for any term of years or for life, or shall be AMENDMENTS
fined not more than $50,000, or both’’ before period at 1994—Subsec. (a)(1). Pub. L. 103–322, § 330016(2)(C), sub-
end. stituted ‘‘fine under this title’’ for ‘‘fine of not more
1990—Subsec. (b). Pub. L. 101–647, § 3558, substituted than $250,000’’ in two places.
‘‘section 1959’’ for ‘‘section 1952B’’ in introductory pro- Pub. L. 103–322, § 60003(a)(12), amended par. (1) gen-
visions. erally. Prior to amendment, par. (1) read as follows:
Subsec. (b)(3). Pub. L. 101–647, § 1205(k), added par. (3). ‘‘(1) for murder or kidnaping, by imprisonment for
1988—Pub. L. 100–690, § 7053(a), renumbered section any term of years or for life or a fine of not more than
1952A of this title as this section. $50,000, or both;’’.
Subsec. (a). Pub. L. 100–690, § 7058(b), substituted ‘‘ten Subsec. (a)(2) to (4). Pub. L. 103–322, § 330016(2)(C), sub-
years’’ for ‘‘five years’’. stituted ‘‘fine under this title’’ for ‘‘fine of not more
than $30,000’’ in par. (2), ‘‘fine of not more than $20,000’’
§ 1959. Violent crimes in aid of racketeering ac- in par. (3), and ‘‘fine of not more than $5,000’’ in par. (4).
tivity Subsec. (a)(5). Pub. L. 103–322, § 330021(1), substituted
(a) Whoever, as consideration for the receipt ‘‘kidnapping’’ for ‘‘kidnaping’’.
Pub. L. 103–322, § 330016(2)(C), substituted ‘‘fine under
of, or as consideration for a promise or agree- this title’’ for ‘‘fine of not more than $10,000’’.
ment to pay, anything of pecuniary value from Subsec. (a)(6). Pub. L. 103–322, § 330016(1)(J), sub-
an enterprise engaged in racketeering activity, stituted ‘‘under this title’’ for ‘‘not more than $3,000’’
or for the purpose of gaining entrance to or after ‘‘fine of’’.
maintaining or increasing position in an enter- 1988—Pub. L. 100–690 renumbered section 1952B of this
prise engaged in racketeering activity, murders, title as this section.
kidnaps, maims, assaults with a dangerous § 1960. Prohibition of unlicensed money transmit-
weapon, commits assault resulting in serious ting businesses
bodily injury upon, or threatens to commit a
crime of violence against any individual in vio- (a) Whoever knowingly conducts, controls,
lation of the laws of any State or the United manages, supervises, directs, or owns all or part
States, or attempts or conspires so to do, shall
be punished— 1 So in original. The word ‘‘of’’ probably should not appear.
Page 483 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1961
of an unlicensed money transmitting business, Sec.
shall be fined in accordance with this title or 1966. Expedition of actions.
1967. Evidence.
imprisoned not more than 5 years, or both. 1968. Civil investigative demand.
(b) As used in this section—
(1) the term ‘‘unlicensed money transmit- Editorial Notes
ting business’’ means a money transmitting
AMENDMENTS
business which affects interstate or foreign
commerce in any manner or degree and— 1990—Pub. L. 101–647, title XXXV, § 3559, Nov. 29, 1990,
(A) is operated without an appropriate 104 Stat. 4927, struck out ‘‘racketeering’’ after ‘‘Prohib-
ited’’ in item 1962.
money transmitting license in a State where 1970—Pub. L. 91–452, title IX, § 901(a), Oct. 15, 1970, 84
such operation is punishable as a mis- Stat. 941, added chapter 96 and items 1961 to 1968.
demeanor or a felony under State law,
whether or not the defendant knew that the § 1961. Definitions
operation was required to be licensed or that As used in this chapter—
the operation was so punishable; (1) ‘‘racketeering activity’’ means (A) any
(B) fails to comply with the money trans- act or threat involving murder, kidnapping,
mitting business registration requirements gambling, arson, robbery, bribery, extortion,
under section 5330 of title 31, United States dealing in obscene matter, or dealing in a con-
Code, or regulations prescribed under such trolled substance or listed chemical (as de-
section; or fined in section 102 of the Controlled Sub-
(C) otherwise involves the transportation stances Act), which is chargeable under State
or transmission of funds that are known to law and punishable by imprisonment for more
the defendant to have been derived from a than one year; (B) any act which is indictable
criminal offense or are intended to be used under any of the following provisions of title
to promote or support unlawful activity; 18, United States Code: Section 201 (relating to
(2) the term ‘‘money transmitting’’ includes bribery), section 224 (relating to sports brib-
transferring funds on behalf of the public by ery), sections 471, 472, and 473 (relating to
any and all means including but not limited to counterfeiting), section 659 (relating to theft
transfers within this country or to locations from interstate shipment) if the act indictable
abroad by wire, check, draft, facsimile, or cou- under section 659 is felonious, section 664 (re-
rier; and lating to embezzlement from pension and wel-
(3) the term ‘‘State’’ means any State of the fare funds), sections 891–894 (relating to extor-
United States, the District of Columbia, the tionate credit transactions), section 932 (relat-
Northern Mariana Islands, and any common- ing to straw purchasing), section 933 (relating
wealth, territory, or possession of the United to trafficking in firearms), section 1028 (relat-
States. ing to fraud and related activity in connection
with identification documents), section 1029
(Added Pub. L. 102–550, title XV, § 1512(a), Oct. 28,
(relating to fraud and related activity in con-
1992, 106 Stat. 4057; amended Pub. L. 103–325, title
nection with access devices), section 1084 (re-
IV, § 408(c), Sept. 23, 1994, 108 Stat. 2252; Pub. L.
lating to the transmission of gambling infor-
107–56, title III, § 373(a), Oct. 26, 2001, 115 Stat.
mation), section 1341 (relating to mail fraud),
339; Pub. L. 109–162, title XI, § 1171(a)(2), Jan. 5,
section 1343 (relating to wire fraud), section
2006, 119 Stat. 3123.)
1344 (relating to financial institution fraud),
Editorial Notes
section 1351 (relating to fraud in foreign labor
contracting), section 1425 (relating to the pro-
AMENDMENTS curement of citizenship or nationalization un-
2006—Subsec. (b)(1)(C). Pub. L. 109–162 substituted ‘‘to lawfully), section 1426 (relating to the repro-
be used’’ for ‘‘to be used to be used’’. duction of naturalization or citizenship pa-
2001—Pub. L. 107–56 amended section catchline and pers), section 1427 (relating to the sale of natu-
text generally, substituting provisions relating to pro- ralization or citizenship papers), sections
hibition of unlicensed money transmitting businesses 1461–1465 (relating to obscene matter), section
for similar provisions relating to prohibition of illegal 1503 (relating to obstruction of justice), sec-
money transmitting businesses.
tion 1510 (relating to obstruction of criminal
1994—Subsec. (b)(1). Pub. L. 103–325 amended par. (1)
generally. Prior to amendment, par. (1) read as follows: investigations), section 1511 (relating to the
‘‘(1) the term ‘illegal money transmitting business’ obstruction of State or local law enforce-
means a money transmitting business that affects ment), section 1512 (relating to tampering
interstate or foreign commerce in any manner or de- with a witness, victim, or an informant), sec-
gree and which is knowingly operated in a State— tion 1513 (relating to retaliating against a wit-
‘‘(A) without the appropriate money transmitting ness, victim, or an informant), section 1542 (re-
State license; and lating to false statement in application and
‘‘(B) where such operation is punishable as a mis-
use of passport), section 1543 (relating to for-
demeanor or a felony under State law;’’.
gery or false use of passport), section 1544 (re-
CHAPTER 96—RACKETEER INFLUENCED lating to misuse of passport), section 1546 (re-
AND CORRUPT ORGANIZATIONS lating to fraud and misuse of visas, permits,
and other documents), sections 1581–1592 (re-
Sec. lating to peonage, slavery, and trafficking in
1961. Definitions.
persons).,1 sections 1831 and 1832 (relating to
1962. Prohibited activities.
1963. Criminal penalties.
economic espionage and theft of trade secrets),
1964. Civil remedies.
1965. Venue and process. 1 So in original.