1305
Elements of 18 U.S.C. § 2313
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The elements of the offense defined in 18 U.S.C. § 2313 are
that
the defendants: (1) receive, possess, conceal, store, barter, sell or
dispose of;
(2) a stolen motor vehicle or aircraft; (3) which has crossed a state or
United
States boundary after being stolen; and (4) knowing the same to have been
stolen.
In 1984, the offense of "possession" was added so as to eliminate the need
for
prosecutors continuing commerce nexus after the stolen vehicle had been
taken
across a state or international boundary. See H.R.Rep. No. 1456 on
H.R.
4178, 96th Cong., 2d Sess. 26 (1984). See also 125 Cong.Rec. 12,244
(1979). Section 2313 now continues federal criminal jurisdiction over a
stolen
vehicle after it has crossed a state or international boundary. Federal
jurisdiction remains until the stolen vehicle is recovered. See this
Manual at 1302. Since possession is itself now an
offense, 18 U.S.C. § 2313 may prove more useful in prosecuting the
fences of
motor vehicles stolen in a different state.
[cited in Criminal Resource Manual 1301; Criminal Resource Manual 1301; USAM 9-61.100] | |