8.43 Theft from Interstate or Foreign Shipment (18 U.S.C. Sec. 659) is a federal crime that prohibits the taking of goods, money or other property that is in interstate or foreign commerce. There are two types of 8.43 theft: (1) Theft of goods in transit and (2) Theft of shipment contents. The first type occurs when goods are taken while in transit from one state to another or from one country to another. The second type occurs when someone takes the contents of a shipment, such as a package, box or container, without the permission of the owner. In either case, the thief can be charged with 8.43 theft if the value of the goods or property taken is more than $500. Penalties for this crime can include fines and up to five years in prison.
8.43 Theft from Interstate or Foreign Shipment (18 U.S.C. Sec. 659)
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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Penalties for 18 U.S.C. A violation of Section 641 subjects the defendant to a potential maximum of 10 years in federal prison and a fine, though if the property is valued at less than $1,000, the maximum term of imprisonment decreases to one year plus a fine.
A violation of 18 U.S.C. § 659 is a ten-year felony where the value of the stolen goods, chattels, money or baggage is $1,000 or more; otherwise the maximum penalty is three years.
It prohibits the theft or fraudulent acquisition of goods that are part of an interstate or international shipment, whether from the carrier or a holding area, and also the wilful buying, selling or possession of goods obtained in this way.
Examples are thefts of bicycles, thefts of motor vehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud. Attempted larcenies are included. Embezzlement, confidence games, forgery, check fraud, etc., are excluded.
Misprision of felony is a crime committed when a person knows that someone has been involved in a felony but fails to report it to law enforcement authorities. The crime of misprision of felony originated in the common law of Great Britain. In the U.S., however, it has never been adopted as a crime by most states.
But Section 641 also states that, if the value of the stolen property is $1000 or less, that person shall be fined and imprisoned for no longer than 1 year. The $1000 threshold, therefore, is necessary to make a Section 641 offense into a felony; smaller theft from the government is only a misdemeanor.
Section 641 protects "any record, voucher, money, or thing of value of the United States or any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof."
Theft of government property under 18 U.S.C. § 641 makes it a crime to steal, embezzle, or knowing convert with intent for your own personal gain the property, or to sell, convey, or dispose of any record, voucher, money, or something of value issued by a department of the United States government.