36 C.F.R. § 2.30

Misappropriation of property and services

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(a) The following are prohibited:

(1) Obtaining or exercising unlawful possession over the property of another with the purpose to deprive the owner of the property.

(2) Obtaining property or services offered for sale or compensation without making payment or offering to pay.

(3) Obtaining property or services offered for sale or compensation by means of deception or a statement of past, present or future fact that is instrumental in causing the wrongful transfer of property or services, or using stolen, forged, expired revoked or fraudulently obtained credit cards or paying with negotiable paper on which payment is refused.

(4) Concealing unpurchased merchandise on or about the person without the knowledge or consent of the seller or paying less than purchase price by deception.

(5) Acquiring or possessing the property of another, with knowledge or reason to believe that the property is stolen.

(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Notes of Decisions
Cited in 11 cases, 1996–2012 · leading case: United States v. Robert K. Souza, Jr., 392 F.3d 1050 (9th Cir. 2004).
United States v. Robert K. Souza, Jr., 392 F.3d 1050 (9th Cir. 2004). · cites it 5× “Similarly, 36 C.F.R. § 2.30 prohibits “[o]btaining or exercising unlawful possession over the property of another with the purpose to deprive the owner of the property.”
Bicycle Trails Council v. Babbitt, 82 F.3d 1445 (9th Cir. 1996). “36 C.F.R. section 2.30 (1967 ed.), moved to 36 C.”
United States v. Mancia, 720 F. Supp. 2d 1173 (E.D. Cal. 2010). “Appellant Cochis Mancia (“Mancia”) was found guilty of violating 36 C.F.R. § 2.30 (a)(1), which prohibits misappropriation of property, after a bench trial before a United States Magistrate Judge on August 29, 2007.”
United States v. Reed, 878 F. Supp. 2d 1199 (D. Nev. 2012). “§ 661 and 36 C.F.R. § 2.30 (a)(1) punished stealing and carrying away items from the van and 36 C.”
United States v. Otts (4th Cir. 1997). · cites it 2× “OPINION PER CURIAM: Lonnie Otts appeals his conviction for possession of stolen prop- erty, 36 C.F.R. § 2.30 (a)(1) (1996). Because there was sufficient evi- dence to convict, we affirm.”
United States v. Juv. Male, United States of Am. v. Juv. Male, 388 F.3d 122 (4th Cir. 2004). “21 (c); fleeing to elude, in violation of Maryland Code, Transportation Article § 21-904; receiving stolen property, in violation of 36 C.F.R. § 2.30 (a)(5); and driving without an operator’s license, in violation of Maryland Code, Transportation Article § 16-101(a).”
United States v. Dodson, 30 F. App'x 239 (4th Cir. 2002). “Joseph Paul Dodson was convicted after a bench trial of misappropriation of property in violation of 36 C.F.R. § 2.30 (a)(1) (2001), and sentenced to three years supervised release.”
United States v. Cheek, 586 F. Supp. 2d 1099 (D. Ariz. 2008). “Furthermore, when Defendant entered the boundaries of the Glen Canyon National Recreation Area his possession of the stolen gasoline constituted a continuing offense pursuant to 36 C.F.R. § 2.30 (a)(1) & (5). Because the Fourth Amendment analysis must be conducted from the…”
United States v. Juv. Male (4th Cir. 2004). “21 (c); fleeing to elude, in violation of Maryland Code, Transportation Article § 21-904; receiving stolen property, in viola- tion of 36 C.F.R. § 2.30 (a)(5); and driving without an operator’s license, in violation of Maryland Code, Transportation Article § 16- 101(a).”
United States v. Williams, 360 F. App'x 762 (9th Cir. 2009). “MEMORANDUM ** Kimberly Williams appeals from the district court’s order denying her motion to dismiss her citation for misappropriation of property, in violation of 36 C.F.R. § 2.30 (A)(3), or in the alternative, to suppress the statements she made to National Park Service…”
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