1625-0001 Stat/Authority

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE
HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 289 (Mar. 4, 1909,
ch. 321, § 174, 35 Stat. 1122).
The reference to persons aiding was omitted as unnecessary, since such persons are made principals by
section 2 of this title.
The last sentence excepting bona fide holders in due
course was omitted as surplusage.
Other changes in phraseology also were made.

§ 343

CHAPTER 17A—COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
Sec.

341.
342.
343.

Definitions.
Operation of a common carrier under the influence of alcohol or drugs.
Presumptions.

§ 341. Definitions
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $10,000’’.

§ 336. Issuance of circulating obligations of less
than $1
Whoever makes, issues, circulates, or pays out
any note, check, memorandum, token, or other
obligation for a less sum than $1, intended to
circulate as money or to be received or used in
lieu of lawful money of the United States, shall
be fined under this title or imprisoned not more
than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 701; Pub. L.
103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 293 (Mar. 4, 1909,
ch. 321, § 178, 35 Stat. 1122).
Numerous suggestions, of which that of Mr. E. M.
Million, of Arlington, Va., is typical, recommend that
this section be omitted as obsolete or revised to except
commercial obligations. However, since the decisions
make it plain that only obligations intended to circulate as money are within the provisions of this section and that commercial checks of less than $1 are not
affected, there seems no reason so to rewrite the section. (See U.S. v. Monongahela Bridge Co., Fed. Cas. No.
15,796; Stettinius v. U.S., Fed. Cas. No. 13,387.)
Minor changes were made in phraseology.
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $500’’.

§ 337. Coins as security for loans
Whoever lends or borrows money or credit
upon the security of such coins of the United
States as the Secretary of the Treasury may
from time to time designate by proclamation
published in the Federal Register, during any
period designated in such a proclamation, shall
be fined under this title or imprisoned not more
than one year, or both.
(Added Pub. L. 89–81, title II, § 212(a), July 23,
1965, 79 Stat. 257; amended Pub. L. 103–322, title
XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat.
2147.)
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $10,000’’.
EFFECTIVE DATE
Pub. L. 89–81, title II, § 212(c), July 23, 1965, 79 Stat.
257, provided that: ‘‘The amendments made by this section [enacting this section] shall apply only with respect to loans made, renewed, or increased on or after
the 31st day after the date of enactment of this Act
[July 23, 1965].’’

As used in this chapter, the term ‘‘common
carrier’’ means a locomotive, a rail carrier, a
sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier.
(Added Pub. L. 99–570, title I, § 1971(a), Oct. 27,
1986, 100 Stat. 3207–59; amended Pub. L. 100–690,
title VI, § 6482(a), Nov. 18, 1988, 102 Stat. 4382.)
AMENDMENTS
1988—Pub. L. 100–690 inserted ‘‘locomotive, a’’ after
‘‘means a’’.

§ 342. Operation of a common carrier under the
influence of alcohol or drugs
Whoever operates or directs the operation of a
common carrier while under the influence of alcohol or any controlled substance (as defined in
section 102 of the Controlled Substances Act (21
U.S.C. 802)), shall be imprisoned not more than
fifteen years or fined under this title, or both.
(Added Pub. L. 99–570, title I, § 1971(a), Oct. 27,
1986, 100 Stat. 3207–59; amended Pub. L. 100–690,
title VI, §§ 6473(a), (b), 6482(b), Nov. 18, 1988, 102
Stat. 4379, 4382.)
AMENDMENTS
1988—Pub. L. 100–690 substituted ‘‘any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))’’ for ‘‘drugs’’, ‘‘fifteen’’ for
‘‘five’’, and ‘‘fined under this title’’ for ‘‘fined not more
than $10,000’’.

§ 343. Presumptions
For purposes of this chapter—
(1) an individual with a blood alcohol content of .10 percent or more shall be presumed
to be under the influence of alcohol; and
(2) an individual shall be presumed to be
under the influence of drugs if the quantity of
the drug in the system of the individual would
be sufficient to impair the perception, mental
processes, or motor functions of the average
individual.
(Added Pub. L. 99–570, title I, § 1971(a), Oct. 27,
1986, 100 Stat. 3207–59; amended Pub. L. 100–690,
title VI, § 6473(c), Nov. 18, 1988, 102 Stat. 4379.)
AMENDMENTS
1988—Par. (1). Pub. L. 100–690, § 6473(c)(1), substituted
‘‘.10 percent’’ for ‘‘.10’’ and struck out ‘‘conclusively’’
after ‘‘shall be’’.
Par. (2). Pub. L. 100–690, § 6473(c)(2), struck out ‘‘conclusively’’ after ‘‘shall be’’.

CHAPTER 18—CONGRESSIONAL, CABINET,
AND SUPREME COURT ASSASSINATION,
KIDNAPPING, AND ASSAULT
Sec.

351.

Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault; penalties.