18 Usc 2320

Page 535

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

(b) FORFEITURE AND DESTRUCTION OF PROPRESTITUTION.—Forfeiture, destruction,
and restitution relating to this section shall be
subject to section 2323, to the extent provided in
that section, in addition to any other similar
remedies provided by law.
(c) AUTHORIZED ACTIVITIES.—This section does
not prevent any lawfully authorized investigative, protective, or intelligence activity by an
officer, agent, or employee of the United States,
a State, or a political subdivision of a State, or
by a person acting under a contract with the
United States, a State, or a political subdivision
of a State.
(d) IMMUNITY FOR THEATERS.—With reasonable
cause, the owner or lessee of a motion picture
exhibition facility where a motion picture or
other audiovisual work is being exhibited, the
authorized agent or employee of such owner or
lessee, the licensor of the motion picture or
other audiovisual work being exhibited, or the
agent or employee of such licensor—
(1) may detain, in a reasonable manner and
for a reasonable time, any person suspected of
a violation of this section with respect to that
motion picture or audiovisual work for the
purpose of questioning or summoning a law
enforcement officer; and
(2) shall not be held liable in any civil or
criminal action arising out of a detention
under paragraph (1).
ERTY;

(e) VICTIM IMPACT STATEMENT.—
(1) IN GENERAL.—During the preparation of
the presentence report under rule 32(c) of the
Federal Rules of Criminal Procedure, victims
of an offense under this section shall be permitted to submit to the probation officer a
victim impact statement that identifies the
victim of the offense and the extent and scope
of the injury and loss suffered by the victim,
including the estimated economic impact of
the offense on that victim.
(2) CONTENTS.—A victim impact statement
submitted under this subsection shall include—
(A) producers and sellers of legitimate
works affected by conduct involved in the offense;
(B) holders of intellectual property rights
in the works described in subparagraph (A);
and
(C) the legal representatives of such producers, sellers, and holders.
(f) STATE LAW NOT PREEMPTED.—Nothing in
this section may be construed to annul or limit
any rights or remedies under the laws of any
State.
(g) DEFINITIONS.—In this section, the following
definitions shall apply:
(1) TITLE 17 DEFINITIONS.—The terms ‘‘audiovisual work’’, ‘‘copy’’, ‘‘copyright owner’’,
‘‘motion picture’’, ‘‘motion picture exhibition
facility’’, and ‘‘transmit’’ have, respectively,
the meanings given those terms in section 101
of title 17.
(2) AUDIOVISUAL RECORDING DEVICE.—The
term ‘‘audiovisual recording device’’ means a
digital or analog photographic or video camera, or any other technology or device capable
of enabling the recording or transmission of a

§ 2320

copyrighted motion picture or other audiovisual work, or any part thereof, regardless of
whether audiovisual recording is the sole or
primary purpose of the device.
(Added Pub. L. 109–9, title I, § 102(a), Apr. 27,
2005, 119 Stat. 218; amended Pub. L. 110–403, title
II, § 204, Oct. 13, 2008, 122 Stat. 4261.)
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to
in subsec. (e)(1), are set out in the Appendix to this
title.
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–403 amended subsec. (b)
generally. Prior to amendment, text read as follows:
‘‘When a person is convicted of a violation of subsection (a), the court in its judgment of conviction
shall, in addition to any penalty provided, order the
forfeiture and destruction or other disposition of all
unauthorized copies of motion pictures or other audiovisual works protected under title 17, or parts thereof,
and any audiovisual recording devices or other equipment used in connection with the offense.’’

§ 2320. Trafficking in counterfeit goods or services
(a) OFFENSES.—Whoever intentionally—
(1) traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services,
(2) traffics in labels, patches, stickers, wrappers, badges, emblems, medallions, charms,
boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has
been applied thereto, the use of which is likely
to cause confusion, to cause mistake, or to deceive,
(3) traffics in goods or services knowing that
such good or service is a counterfeit military
good or service the use, malfunction, or failure
of which is likely to cause serious bodily injury or death, the disclosure of classified information, impairment of combat operations,
or other significant harm to a combat operation, a member of the Armed Forces, or to
national security, or
(4) traffics in a counterfeit drug,
or attempts or conspires to violate any of paragraphs (1) through (4) shall be punished as provided in subsection (b).
(b) PENALTIES.—
(1) IN GENERAL.—Whoever commits an offense under subsection (a)—
(A) if an individual, shall be fined not
more than $2,000,000 or imprisoned not more
than 10 years, or both, and, if a person other
than an individual, shall be fined not more
than $5,000,000; and
(B) for a second or subsequent offense
under subsection (a), if an individual, shall
be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if
other than an individual, shall be fined not
more than $15,000,000.
(2) SERIOUS BODILY INJURY OR DEATH.—
(A) SERIOUS BODILY INJURY.—Whoever
knowingly or recklessly causes or attempts
to cause serious bodily injury from conduct
in violation of subsection (a), if an individ-

§ 2320

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

ual, shall be fined not more than $5,000,000 or
imprisoned for not more than 20 years, or
both, and if other than an individual, shall
be fined not more than $15,000,000.
(B) DEATH.—Whoever knowingly or recklessly causes or attempts to cause death
from conduct in violation of subsection (a),
if an individual, shall be fined not more than
$5,000,000 or imprisoned for any term of years
or for life, or both, and if other than an individual, shall be fined not more than
$15,000,000.
(3) COUNTERFEIT MILITARY GOODS OR SERVICES
COUNTERFEIT DRUGS.—Whoever commits
an offense under subsection (a) involving a
counterfeit military good or service or counterfeit drug—
(A) if an individual, shall be fined not
more than $5,000,000, imprisoned not more
than 20 years, or both, and if other than an
individual, be fined not more than
$15,000,000; and
(B) for a second or subsequent offense, if
an individual, shall be fined not more than
$15,000,000, imprisoned not more than 30
years, or both, and if other than an individual, shall be fined not more than $30,000,000.
AND

Page 536

(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the
United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered;
(iii) that is applied to or used in connection with the goods or services for which
the mark is registered with the United
States Patent and Trademark Office, or is
applied to or consists of a label, patch,
sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case,
hangtag, documentation, or packaging of
any type or nature that is designed, marketed, or otherwise intended to be used on
or in connection with the goods or services
for which the mark is registered in the
United States Patent and Trademark Office; and
(iv) the use of which is likely to cause
confusion, to cause mistake, or to deceive;
or
(B) a spurious designation that is identical
with, or substantially indistinguishable
from, a designation as to which the remedies
of the Lanham Act are made available by
reason of section 220506 of title 36;

ERTY;

(c) FORFEITURE AND DESTRUCTION OF PROPRESTITUTION.—Forfeiture, destruction,
and restitution relating to this section shall be
subject to section 2323, to the extent provided in
that section, in addition to any other similar
remedies provided by law.
(d) DEFENSES.—All defenses, affirmative defenses, and limitations on remedies that would
be applicable in an action under the Lanham
Act shall be applicable in a prosecution under
this section. In a prosecution under this section,
the defendant shall have the burden of proof, by
a preponderance of the evidence, of any such affirmative defense.
(e) PRESENTENCE REPORT.—(1) During preparation of the presentence report pursuant to Rule
32(c) of the Federal Rules of Criminal Procedure,
victims of the offense shall be permitted to submit, and the probation officer shall receive, a
victim impact statement that identifies the victim of the offense and the extent and scope of
the injury and loss suffered by the victim, including the estimated economic impact of the
offense on that victim.
(2) Persons permitted to submit victim impact
statements shall include—
(A) producers and sellers of legitimate goods
or services affected by conduct involved in the
offense;
(B) holders of intellectual property rights in
such goods or services; and
(C) the legal representatives of such producers, sellers, and holders.

but such term does not include any mark or
designation used in connection with goods or
services, or a mark or designation applied to
labels, patches, stickers, wrappers, badges,
emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or
packaging of any type or nature used in connection with such goods or services, of which
the manufacturer or producer was, at the time
of the manufacture or production in question,
authorized to use the mark or designation for
the type of goods or services so manufactured
or produced, by the holder of the right to use
such mark or designation;
(2) the term ‘‘financial gain’’ includes the receipt, or expected receipt, of anything of
value;
(3) the term ‘‘Lanham Act’’ means the Act
entitled ‘‘An Act to provide for the registration and protection of trademarks used in
commerce, to carry out the provisions of certain international conventions, and for other
purposes’’, approved July 5, 1946 (15 U.S.C. 1051
et seq.);
(4) the term ‘‘counterfeit military good or
service’’ means a good or service that uses a
counterfeit mark on or in connection with
such good or service and that—
(A) is falsely identified or labeled as meeting military specifications, or
(B) is intended for use in a military or national security application;

(f) DEFINITIONS.—For the purposes of this section—
(1) the term ‘‘counterfeit mark’’ means—
(A) a spurious mark—
(i) that is used in connection with trafficking in any goods, services, labels,
patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation,
or packaging of any type or nature;

(5) the term ‘‘traffic’’ means to transport,
transfer, or otherwise dispose of, to another,
for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent
to so transport, transfer, or otherwise dispose
of; and
(6) the term ‘‘counterfeit drug’’ means a
drug, as defined by section 201 of the Federal
Food, Drug, and Cosmetic Act, that uses a

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counterfeit mark on or in connection with the
drug.
(g) LIMITATION ON CAUSE OF ACTION.—Nothing
in this section shall entitle the United States to
bring a criminal cause of action under this section for the repackaging of genuine goods or
services not intended to deceive or confuse.
(h) REPORT TO CONGRESS.—(1) Beginning with
the first year after the date of enactment of this
subsection, the Attorney General shall include
in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28,
an accounting, on a district by district basis, of
the following with respect to all actions taken
by the Department of Justice that involve trafficking in counterfeit labels for phonorecords,
copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of this title), criminal infringement of copyrights (as defined in section
2319 of this title), unauthorized fixation of and
trafficking in sound recordings and music videos
of live musical performances (as defined in section 2319A of this title), or trafficking in goods
or services bearing counterfeit marks (as defined
in section 2320 of this title):
(A) The number of open investigations.
(B) The number of cases referred by the
United States Customs Service.
(C) The number of cases referred by other
agencies or sources.
(D) The number and outcome, including settlements, sentences, recoveries, and penalties,
of all prosecutions brought under sections
2318, 2319, 2319A, and 2320 of title 18.
(2)(A) The report under paragraph (1), with respect to criminal infringement of copyright,
shall include the following:
(i) The number of infringement cases in
these categories: audiovisual (videos and
films); audio (sound recordings); literary
works (books and musical compositions); computer programs; video games; and, others.
(ii) The number of online infringement
cases.
(iii) The number and dollar amounts of fines
assessed in specific categories of dollar
amounts. These categories shall be: no fines
ordered; fines under $500; fines from $500 to
$1,000; fines from $1,000 to $5,000; fines from
$5,000 to $10,000; and fines over $10,000.
(iv) The total amount of restitution ordered
in all copyright infringement cases.
(B) In this paragraph, the term ‘‘online infringement cases’’ as used in paragraph (2)
means those cases where the infringer—
(i) advertised or publicized the infringing
work on the Internet; or
(ii) made the infringing work available on
the Internet for download, reproduction, performance, or distribution by other persons.
(C) The information required under subparagraph (A) shall be submitted in the report required in fiscal year 2005 and thereafter.
(i) TRANSSHIPMENT AND EXPORTATION.—No
goods or services, the trafficking in of which is
prohibited by this section, shall be transshipped

§ 2320

through or exported from the United States.
Any such transshipment or exportation shall be
deemed a violation of section 42 of an Act to
provide for the registration of trademarks used
in commerce, to carry out the provisions of certain international conventions, and for other
purposes, approved July 5, 1946 (commonly referred to as the ‘‘Trademark Act of 1946’’ or the
‘‘Lanham Act’’).
(Added Pub. L. 98–473, title II, § 1502(a), Oct. 12,
1984, 98 Stat. 2178; amended Pub. L. 103–322, title
XXXII, § 320104(a), title XXXIII, § 330016(1)(U),
Sept. 13, 1994, 108 Stat. 2110, 2148; Pub. L. 104–153,
§ 5, July 2, 1996, 110 Stat. 1387; Pub. L. 105–147,
§ 2(f), Dec. 16, 1997, 111 Stat. 2679; Pub. L. 105–225,
§ 4(b), Aug. 12, 1998, 112 Stat. 1499; Pub. L. 105–354,
§ 2(c)(1), Nov. 3, 1998, 112 Stat. 3244; Pub. L.
107–140, § 1, Feb. 8, 2002, 116 Stat. 12; Pub. L.
107–273, div. A, title II, § 205(e), Nov. 2, 2002, 116
Stat. 1778; Pub. L. 109–181, §§ 1(b), 2(b), Mar. 16,
2006, 120 Stat. 285, 288; Pub. L. 110–403, title II,
§ 205, Oct. 13, 2008, 122 Stat. 4261; Pub. L. 112–81,
div. A, title VIII, § 818(h), Dec. 31, 2011, 125 Stat.
1497; Pub. L. 112–144, title VII, § 717(a)(1)–(3), July
9, 2012, 126 Stat. 1076.)
REFERENCES IN TEXT
The Lanham Act, referred to in subsecs. (d), (f)(1)(B),
(3), and (i), also known as the Trademark Act of 1946,
is act July 5, 1946, ch. 540, 60 Stat. 427, which is classified generally to chapter 22 (§ 1051 et seq.) of Title 15,
Commerce and Trade. For complete classification of
this Act to the Code, see Short Title note set out under
section 1051 of Title 15 and Tables.
The Federal Rules of Criminal Procedure, referred to
in subsec. (e)(1), are set out in the Appendix to this
title.
Section 201 of the Federal Food, Drug, and Cosmetic
Act, referred to in subsec. (f)(6), is classified to section
321 of Title 21, Food and Drugs.
The date of enactment of this subsection, referred to
in subsec. (h)(1), is the date of enactment of Pub. L.
112–81, which was approved Dec. 31, 2011.
CODIFICATION
Another section 2320 was renumbered section 2321 of
this title.
AMENDMENTS
2012—Subsec. (a). Pub. L. 112–144, § 717(a)(1), added
par. (4) and substituted ‘‘through (4)’’ for ‘‘through (3)’’
in concluding provisions.
Subsec. (b)(3). Pub. L. 112–144, § 717(a)(2), inserted
‘‘and counterfeit drugs’’ after ‘‘services’’ in heading and
‘‘or counterfeit drug’’ after ‘‘service’’ in introductory
provisions.
Subsec. (f)(6). Pub. L. 112–144, § 717(a)(3), added par.
(6).
2011—Pub. L. 112–81 amended section generally, adding provisions relating to counterfeit military goods
and services.
2008—Subsec. (a). Pub. L. 110–403, § 205(a)(1), inserted
subsec. heading, designated existing provisions as par.
(1) and inserted par. heading, substituted ‘‘Whoever;’’
for ‘‘Whoever’’, realigned margin, and added par. (2).
Subsec. (b). Pub. L. 110–403, § 205(b), amended subsec.
(b) generally. Prior to amendment, subsec. (b) related
to property subject to forfeiture, forfeiture procedures,
and restitution.
Subsec. (h). Pub. L. 110–403, § 205(a)(2), added subsec.
(h).
2006—Subsec. (a). Pub. L. 109–181, § 1(b)(1), inserted
‘‘, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases,

§ 2321

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

hangtags, documentation, or packaging of any type or
nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive,’’ after ‘‘such
goods or services’’.
Subsec. (b). Pub. L. 109–181, § 1(b)(2), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as
follows: ‘‘Upon a determination by a preponderance of
the evidence that any articles in the possession of a defendant in a prosecution under this section bear counterfeit marks, the United States may obtain an order
for the destruction of such articles.’’
Subsec. (e)(1). Pub. L. 109–181, § 1(b)(3)(B), amended
concluding provisions generally. Prior to amendment,
concluding provisions read as follows: ‘‘but such term
does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture
or production in question authorized to use the mark
or designation for the type of goods or services so manufactured or produced, by the holder of the right to use
such mark or designation;’’.
Subsec. (e)(1)(A). Pub. L. 109–181, § 1(b)(3)(A), added
subpar. (A) and struck out former subpar. (A) which
read as follows: ‘‘a spurious mark—
‘‘(i) that is used in connection with trafficking in
goods or services;
‘‘(ii) that is identical with, or substantially indistinguishable from, a mark registered for those goods
or services on the principal register in the United
States Patent and Trademark Office and in use,
whether or not the defendant knew such mark was so
registered; and
‘‘(iii) the use of which is likely to cause confusion,
to cause mistake, or to deceive; or’’.
Subsec. (e)(2). Pub. L. 109–181, § 2(b)(1), added par. (2)
and struck out former par. (2) which read as follows:
‘‘the term ‘traffic’ means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent
so to transport, transfer, or dispose of; and’’.
Subsec. (e)(3), (4). Pub. L. 109–181, § 2(b)(2), (3), added
par. (3) and redesignated former par. (3) as (4).
Subsecs. (f), (g). Pub. L. 109–181, § 1(b)(4), added subsec. (f) and redesignated former subsec. (f) as (g).
2002—Subsec. (e)(1)(B). Pub. L. 107–140 substituted
‘‘section 220506 of title 36’’ for ‘‘section 220706 of title
36’’.
Subsec. (f). Pub. L. 107–273, § 205(e), designated existing provisions as par. (1), substituted ‘‘this title’’ for
‘‘title 18’’ wherever appearing, redesignated former
pars. (1) to (4) as subpars. (A) to (D), respectively, of
par. (1), and added par. (2).
1998—Subsec. (e)(1)(B). Pub. L. 105–225, § 4(b)(1), as
amended by Pub. L. 105–354, § 2(c)(1), substituted ‘‘section 220706 of title 36’’ for ‘‘section 110 of the Olympic
Charter Act’’.
Subsec. (e)(2). Pub. L. 105–225, § 4(b)(2), as amended by
Pub. L. 105–354, § 2(c)(1), inserted ‘‘and’’ after semicolon
at end.
Subsec. (e)(3). Pub. L. 105–225, § 4(b)(3), as amended by
Pub. L. 105–354, § 2(c)(1), substituted a period for ‘‘; and’’
at end.
Subsec. (e)(4). Pub. L. 105–225, § 4(b)(4), as amended by
Pub. L. 105–354, § 2(c)(1), struck out par. (4) which read
as follows: ‘‘the term ‘Olympic Charter Act’ means the
Act entitled ‘An Act to incorporate the United States
Olympic Association’, approved September 21, 1950 (36
U.S.C. 371 et seq.).’’
1997—Subsecs. (d) to (f). Pub. L. 105–147 added subsec.
(d) and redesignated former subsecs. (d) and (e) as (e)
and (f), respectively.
1996—Subsec. (e). Pub. L. 104–153 added subsec. (e).
1994—Pub. L. 103–322, § 330016(1)(U), which directed the
amendment of this section by striking ‘‘not more than
$250,000’’ and inserting ‘‘under this title’’, could not be
executed because the phrase ‘‘not more than $250,000’’
did not appear in text subsequent to amendment of subsec. (a) by Pub. L. 103–322, § 320104(a). See below.
Subsec. (a). Pub. L. 103–322, § 320104(a), in first sentence, substituted ‘‘$2,000,000 or imprisoned not more

Page 538

than 10 years’’ for ‘‘$250,000 or imprisoned not more
than five years’’ and ‘‘$5,000,000’’ for ‘‘$1,000,000’’, and in
second sentence, substituted ‘‘$5,000,000 or imprisoned
not more than 20 years’’ for ‘‘$1,000,000 or imprisoned
not more than fifteen years’’ and ‘‘$15,000,000’’ for
‘‘$5,000,000’’.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–354, § 2(c), Nov. 3, 1998, 112 Stat. 3244, provided that the amendment made by section 2(c) is effective Aug. 12, 1998.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.
PRIORITY GIVEN TO CERTAIN INVESTIGATIONS AND
PROSECUTIONS
Pub. L. 112–144, title VII, § 717(a)(4), July 9, 2012, 126
Stat. 1076, provided that: ‘‘The Attorney General shall
give increased priority to efforts to investigate and
prosecute offenses under section 2320 of title 18, United
States Code, that involve counterfeit drugs.’’
FINDINGS
Pub. L. 109–181, § 1(a)(2), Mar. 16, 2006, 120 Stat. 285,
provided that: ‘‘The Congress finds that—
‘‘(A) the United States economy is losing millions
of dollars in tax revenue and tens of thousands of jobs
because of the manufacture, distribution, and sale of
counterfeit goods;
‘‘(B) the Bureau of Customs and Border Protection
estimates that counterfeiting costs the United States
$200 billion annually;
‘‘(C) counterfeit automobile parts, including brake
pads, cost the auto industry alone billions of dollars
in lost sales each year;
‘‘(D) counterfeit products have invaded numerous
industries, including those producing auto parts,
electrical appliances, medicines, tools, toys, office
equipment, clothing, and many other products;
‘‘(E) ties have been established between counterfeiting and terrorist organizations that use the sale
of counterfeit goods to raise and launder money;
‘‘(F) ongoing counterfeiting of manufactured goods
poses a widespread threat to public health and safety;
and
‘‘(G) strong domestic criminal remedies against
counterfeiting will permit the United States to seek
stronger anticounterfeiting provisions in bilateral
and international agreements with trading partners.’’

§ 2321. Trafficking in certain motor vehicles or
motor vehicle parts
(a) Whoever buys, receives, possesses, or obtains control of, with intent to sell or otherwise
dispose of, a motor vehicle or motor vehicle
part, knowing that an identification number for
such motor vehicle or part has been removed,
obliterated, tampered with, or altered, shall be
fined under this title or imprisoned not more
than ten years, or both.
(b) Subsection (a) does not apply if the removal, obliteration, tampering, or alteration—
(1) is caused by collision or fire; or
(2) is not a violation of section 511 of this
title.
(c) As used in this section, the terms ‘‘identification number’’ and ‘‘motor vehicle’’ have the