§ 711. — "Smokey Bear" character or name.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC711]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES
Sec. 711. ``Smokey Bear'' character or name
Whoever, except as authorized under rules and regulations issued by
the Secretary of Agriculture after consultation with the Association of
State Foresters and the Advertising Council, knowingly and for profit
manufactures, reproduces, or uses the character ``Smokey Bear'',
originated by the Forest Service, United States Department of
Agriculture, in cooperation with the Association of State Foresters and
the Advertising Council for use in public information concerning the
prevention of forest fires, or any facsimile thereof, or the name
``Smokey Bear'' shall be fined under this title or imprisoned not more
than six months, or both.
(Added May 23, 1952, ch. 327, Sec. 1, 66 Stat. 92; amended Pub. L. 93-
318, Sec. 5, June 22, 1974, 88 Stat. 245; Pub. L. 103-322, title XXXIII,
Secs. 330004(4), 330016(1)(E), Sept. 13, 1994, 108 Stat. 2141, 2146.)
Amendments
1994--Pub. L. 103-322, Sec. 330016(1)(E), substituted ``fined under
this title'' for ``fined not more than $250''.
Pub. L. 103-322, Sec. 330004(4), struck out last par. which read as
follows: ``The Secretary of Agriculture may specially authorize the
manufacture, reproduction, or use of the character `Smokey Bear' for a
period not to exceed one hundred and eighty days, expiring no later than
one year after the enactment hereof, by any person who, because of plans
or commitments made prior to the enactment of this Act, would suffer
substantial loss if denied such authorization.''
1974--Pub. L. 93-318 inserted ``and for profit'' after ``knowingly''
and struck out ``as a trade name or in such manner as suggests the
character `Smokey Bear' '' after ``facsimile thereof, or the name
`Smokey Bear' ''.
Deposit of Fees; Availability
Deposit of fees collected under regulations governing ``Smokey
Bear'' and availability for use, see section 580p-2 of Title 16,
Conservation.
Section Referred to in Other Sections
This section is referred to in title 16 sections 580p, 580p-3.
