§ 2341. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2341]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES
Sec. 2341. Definitions
As used in this chapter--
(1) the term ``cigarette'' means--
(A) any roll of tobacco wrapped in paper or in any substance
not containing tobacco; and
(B) any roll of tobacco wrapped in any substance containing
tobacco which, because of its appearance, the type of tobacco
used in the filler, or its packaging and labeling, is likely to
be offered to, or purchased by, consumers as a cigarette
described in subparagraph (A);
(2) the term ``contraband cigarettes'' means a quantity in
excess of 60,000 cigarettes, which bear no evidence of the payment
of applicable State cigarette taxes in the State where such
cigarettes are found, if such State requires a stamp, impression, or
other indication to be placed on packages or other containers of
cigarettes to evidence payment of cigarette taxes, and which are in
the possession of any person other than--
(A) a person holding a permit issued pursuant to chapter 52
of the Internal Revenue Code of 1986 as a manufacturer of
tobacco products or as an export warehouse proprietor, or a
person operating a customs bonded warehouse pursuant to section
311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311 or 1555) or
an agent of such person;
(B) a common or contract carrier transporting the cigarettes
involved under a proper bill of lading or freight bill which
states the quantity, source, and destination of such cigarettes;
(C) a person--
(i) who is licensed or otherwise authorized by the State
where the cigarettes are found to account for and pay
cigarette taxes imposed by such State; and
(ii) who has complied with the accounting and payment
requirements relating to such license or authorization with
respect to the cigarettes involved; or
(D) an officer, employee, or other agent of the United
States or a State, or any department, agency, or instrumentality
of the United States or a State (including any political
subdivision of a State) having possession of such cigarettes in
connection with the performance of official duties;
(3) the term ``common or contract carrier'' means a carrier
holding a certificate of convenience and necessity, a permit for
contract carrier by motor vehicle, or other valid operating
authority under subtitle IV of title 49, or under equivalent
operating authority from a regulatory agency of the United States or
of any State;
(4) the term ``State'' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the Virgin
Islands; and
(5) the term ``Attorney General'' means the Attorney General of
the United States \1\
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\1\ So in original. Probably should be followed by a period.
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(Added Pub. L. 95-575, Sec. 1, Nov. 2, 1978, 92 Stat. 2463; amended Pub.
L. 97-449, Sec. 5(c), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107-296, title XI,
Sec. 1112(i)(1), Nov. 25, 2002, 116 Stat. 2277.)
References in Text
Chapter 52 of the Internal Revenue Code of 1986, referred to in par.
(2)(A), is classified generally to chapter 52 (Sec. 5701 et seq.) of
Title 26, Internal Revenue Code.
Amendments
2002--Par. (5). Pub. L. 107-296 added par. (5) and struck out former
par. (5) which read as follows: ``the term `Secretary' means the
Secretary of the Treasury.''
1986--Par. (2)(A). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
1983--Par. (3). Pub. L. 97-449 substituted ``subtitle IV of title
49'' for ``the Interstate Commerce Act''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Effective Date
Section 4 of Pub. L. 95-575 provided:
``(a) Except as provided in subsection (b), this Act [enacting this
chapter, amending section 1961 of this title and sections 781 and 787 of
former Title 49, Transportation, and enacting provisions set out as a
note under this section] shall take effect on the date of its enactment
[Nov. 2, 1978].
``(b) Sections 2342(b) and 2343 of title 18, United States Code as
enacted by the first section of this Act, shall take effect on the first
day of the first month beginning more than 120 days after the date of
the enactment of this Act [Nov. 2, 1978].''
Authorization of Appropriations
Section 5 of Pub. L. 95-575 provided that: ``There are hereby
authorized to be appropriated such sums as may be necessary to carry out
the provisions of chapter 114 of title 18, United States Code, added by
the first section of this Act.''
Section Referred to in Other Sections
This section is referred to in section 1961 of this title.
