(a) Destruction or Removal of Property To Prevent Seizure.— Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.
(b) Impairment of In Rem Jurisdiction.— Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court’s continuing in rem jurisdiction over the property, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) Notice of Search or Execution of Seizure Warrant or Warrant of Arrest In Rem.— Whoever, having knowledge that any person authorized to make searches and seizures, or to execute a seizure warrant or warrant of arrest in rem, in order to prevent the authorized seizing or securing of any person or property, gives notice or attempts to give notice in advance of the search, seizure, or execution of a seizure warrant or warrant of arrest in rem, to any person shall be fined under this title or imprisoned not more than 5 years, or both.
(d) Notice of Certain Electronic Surveillance.— Whoever, having knowledge that a Federal investigative or law enforcement officer has been authorized or has applied for authorization under chapter 119 to intercept a wire, oral, or electronic communication, in order to obstruct, impede, or prevent such interception, gives notice or attempts to give notice of the possible interception to any person shall be fined under this title or imprisoned not more than five years, or both.
(e) Foreign Intelligence Surveillance.— Whoever, having knowledge that a Federal officer has been authorized or has applied for authorization to conduct electronic surveillance under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et seq.), in order to obstruct, impede, or prevent such activity, gives notice or attempts to give notice of the possible activity to any person shall be fined under this title or imprisoned not more than five years, or both.
Based on title 18, U.S.C., 1940 ed., § 121 (Mar. 4, 1909, ch. 321, § 65,35 Stat. 1100).
Section was formed from the words following the first semicolon and ending with the second semicolon, in section
121 of title
18, U.S.C., 1940 ed.
The remaining provisions of section
121 of title
18, U.S.C., 1940 ed., relating to assaulting, resisting, or interfering with customs officers, revenue officers, or other persons, and to the rescue of seized property, constitute, along with provisions from other sections, sections
2233 of this title.
Minor changes were made in phraseology.
References in Text
The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (e), is Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, as amended, which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section
1801 of Title
50 and Tables.
2000—Pub. L. 106–185added subsecs. (a) to (c), redesignated first and second pars. of former subsec. (c) assubsecs. (d) and (e), respectively, inserted subsec. (e) heading, and struck out former subsecs. (a) and (b) which related to physical interference with search and notice of search, respectively.
1994—Subsecs. (a), (b). Pub. L. 103–322substituted “fined under this title” for “fined not more than $10,000”.
1988—Subsec. (c). Pub. L. 100–690inserted “of 1978” after “Surveillance Act”.
1986—Pub. L. 99–646directed the designation of first and second pars. as subsecs. (a) and (b), respectively, which had been previously so designated by Pub. L. 99–508, and substituted “imprisoned not” for “imprisoned” in subsec. (a).
Pub. L. 99–508designated first and second pars. as subsecs. (a) and (b), respectively, and inserted headings, and added subsec. (c).
1984—Pub. L. 98–473, § 1103(a), substituted provisions raising the maximum fine from $2,000 to $10,000 and raising the maximum term of imprisonment from two years to five years.
Pub. L. 98–473, § 1103(b), inserted paragraph relating to the penalties for warning the subject of a search.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–185applicable to any forfeiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 ofPub. L. 106–185, set out as a note under section
1324 of Title
8, Aliens and Nationality.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–508effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 ofPub. L. 99–508, set out as a note under section
2510 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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