18 U.S.C. § 1762
Section 1762 · Marking packages
Amended 4 times on record
Applied in 3 court decisions — leading case United States v. Five Gambling Devices (1953)
Most recently applied in 614 F. Supp. 1226 - McKinney v. United States Department of the Treasury (July 1985)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) All packages containing any goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners, except convicts or prisoners on parole or probation, or in any penal or reformatory institution, when shipped or transported in interstate or foreign commerce shall be plainly and clearly marked, so that the name and address of the shipper, the name and address of the consignee, the nature of the contents, and the name and location of the penal or reformatory institution where produced wholly or in part may be readily ascertained on an inspection of the outside of such package.
(b) Whoever violates this section shall be fined under this title, and any goods, wares, or merchandise transported in violation of this section or section 1761 of this title shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§396c, 396d, 396e (July 24, 1935, ch. 412, §§2, 3, 4, 49 Stat. 494, 495).
Section consolidates sections 396c, 396d, and 396e of title 18, U.S.C., 1940 ed.
Words “upon conviction thereof” were deleted as unnecessary, since punishment cannot be imposed until after conviction.
Words “transported in violation of this section or section 1761” were added after the word “merchandise” to continue existing law.
The provisions of said section 396e of title 18, U.S.C., 1940 ed., relating to venue, were omitted as covered by section 3237 of this title.
Minor changes were made in translations and phraseology.
Amendments
1996—Subsec. (b). Pub. L. 104–294 substituted “fined under this title” for “fined not more than $50,000”.
1994—Pub. L. 103–322, which directed the amendment of this section by substituting “under this title” for “not more than $1,000”, could not be executed because the phrase “not more than $1,000” did not appear in text subsequent to amendment of subsec. (b) by Pub. L. 102–393. See 1992 Amendment note below.
1992—Subsec. (b). Pub. L. 102–393 substituted “$50,000” for “$1,000”.
Cross References
Divesting prison made goods of interstate character, see section 11507 of Title 49, Transportation.
Jurisdiction and venue of offenses begun in one district and completed in another, see section 3237 of this title.