1304
Elements of 18 U.S.C. § 2312
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The elements of a violation under 18 U.S.C. § 2312 are that the
defendant: (1) unlawfully transported or caused to be transported in
interstate
or foreign commerce; (2) a stolen motor vehicle or aircraft; and (3) knowing
the
same to be stolen.
The term "unlawfully" means contrary to law, i.e., the absence of
lawful justification. For example, a person voluntarily returning stolen
property to its lawful owner would not violate the statute. See
Godwin
v. United States, 687 F.2d 585 (2d Cir. 1985). Interstate or foreign
transportation commences when the journey begins. See United
States
v. McElroy, 455 U.S. 642 (1982); United States v. Ajlouny, 629
F.2d
830 (2d Cir. 1980); Barfield v. United States, 229 F.2d 936 (5th Cir.
1956).
[cited in USAM 9-61.100] | |