18 U.S.C. § 2313

Sale or receipt of stolen vehicles

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(a) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any motor vehicle, vessel, or aircraft, which has crossed a State or United States boundary after being stolen, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both.(b) For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.(June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 98–547, title II, § 203, Oct. 25, 1984, 98 Stat. 2770; Pub. L. 101–647, title XII, § 1205(l), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 102–519, title I, § 103, Oct. 25, 1992, 106 Stat. 3385; Pub. L. 109–177, title III, § 307(b)(2)(B), Mar. 9, 2006, 120 Stat. 240.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 408 (Oct. 29, 1919, ch. 89, § 4, 41 Stat. 325; Sept. 24, 1945, ch. 383, §§ 2, 3, 59 Stat. 536).

Section constitutes the fourth sentence of said section 408 of title 18, U.S.C., 1940 ed.

Definitions of “aircraft,” “motor vehicle,” and “interstate or foreign commerce,” which constituted the second sentence of said section 408, are incorporated in sections 10 and 2311 of this title.

The third sentence of said section 408, relating to transporting stolen aircraft or motor vehicles, is incorporated in section 2312 of this title.

The first sentence of said section 408, providing the short title, and the fifth sentence thereof, relating to venue, were omitted. (See reviser’s note under section 2312 of this title.)

Minor changes were made in phraseology.

Editorial NotesAmendments

2006—Subsec. (a). Pub. L. 109–177 substituted “motor vehicle, vessel, or aircraft” for “motor vehicle or aircraft”.

1992—Subsec. (a). Pub. L. 102–519 substituted “fined under this title or imprisoned not more than 10 years” for “fined not more than $5,000 or imprisoned not more than five years”.

1990—Pub. L. 101–647 designated existing provisions as subsec. (a) and added subsec. (b).

1984—Pub. L. 98–547 inserted “possesses,” after “receives,” and substituted “which has crossed a State or United States boundary after being stolen,” for “moving as, or which is a part of, or which constitutes interstate or foreign commerce,”.

Notes of Decisions

Cited in 457 cases (8 in the last 5 years), 1950–2025 · leading case: United States v. Franklin Delano Gipson, 553 F.2d 453 (5th Cir. 1977).

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United States v. Franklin Delano Gipson, 553 F.2d 453 (5th Cir. 1977). · cites it 7× “The appellant, Gipson, challenges his conviction of violating 18 U.S.C. § 2313 , 1 which prohibits the sale or receipt of stolen vehicles.”

Schad v. Arizona, 501 U.S. 624 (1991). · cites it 2× “), which prohibited knowingly "receiv[ing], conceal[ing], stor[ing], barter[ing], sell[ing] or dispos[ing] of" any stolen vehicle or aircraft moving in interstate commerce, and was convicted after the trial judge charged the jury that it need not agree on which of the enumerated…”

United States v. Craig Lee Childs, 5 F.3d 1328 (9th Cir. 1993). · cites it 4× “CHOY, Circuit Judge: Defendant Craig Lee Childs appeals his conviction on four counts of possession of a stolen vehicle in violation of 18 U.S.C. § 2313 and his sentence of one year incarceration and five years probation.”

The United States v. Shirl F. Kapp, Ronald Klinger, Robert Lewis, Robert Miller & Paul Briggs. Appeal of Paul Briggs, 781 F.2d 1008 (3rd Cir. 1986). · cites it 4× “§§ 371 and 2312 and of receiving a stolen motor vehicle in violation of 18 U.S.C. § 2313 . We have reviewed the evidence in the light most favorable to the prosecution and have determined that the evidence in this admittedly sparse record is sufficient to sustain the verdicts.”

McElroy v. United States, 455 U.S. 642 (1982). · cites it 4× “2d 1271, 1274 (CA8 1978) ( 18 U. S. C. § 2313 ); United States v. Goble, 512 F.”

United States v. Gould, 568 F.3d 459 (4th Cir. 2009). · cites it 2× “§ 2261 (domestic violence); 18 U.S.C. § 2313 (sale or receipt of a stolen motor vehicle); Mann Act, 18 U.”

United States v. Joseph Kidding & Earl Brown, 560 F.2d 1303 (7th Cir. 1977). · cites it 5× “Defendants Joseph Kidding and Earl Brown appeal their convictions under 18 U.S.C. §§ 2313 and 2315. 18 U.S.C. § 2313 provides: Whoever receives, conceals, stores, barters, sells or disposes of any motor vehicle or aircraft, moving as, or which is a part of, or which constitutes…”

United States v. Larry R. Radtke, 799 F.2d 298 (7th Cir. 1986). · cites it 5× “The defendant-appellant, Larry Radtke was convicted of four counts of receiving stolen motor vehicles, five counts of con *300 cealing stolen motor vehicles, and one count of selling stolen motor vehicles moving in interstate commerce all in violation of 18 U.S.C. § 2313 . 1…”

Colon O. Ward v. United States, 694 F.2d 654 (11th Cir. 1983). · cites it 4× “§ 371 (West 1966) and 18 U.S.C.A. § 659 (West 1976)), two counts of receiving stolen shipments (§ 659), eleven counts of receiving and concealing stolen vehicles moving in interstate commerce ( 18 U.”

United States v. Glen Shoffner, Richard Henry Fiedler, & Leonard Michael Stange, Defendants, 826 F.2d 619 (7th Cir. 1987). · cites it 3× “§ 2312 , 1 (3) receiving stolen motor vehicles which had been transported in interstate commerce, in violation of 18 U.S.C. § 2313 , 2 and mail fraud, in violation of 18 U.”

United States v. Tutiven, 40 F.3d 1 (1st Cir. 1994). · cites it 3× “4 A federal grand jury returned a twenty-seven-count indictment on April 20, 1993, charging Tutiven with possessing or selling stolen motor vehicles which had crossed state lines, in violation of 18 U.S.C. § 2313 , and with possessing, for sale, motor vehicles whose original…”

United States v. Barbara Alkins, Carol Small, Linda Alkins, Roberta Meyers, Geraldine Watts, & Eloy Viejo, 925 F.2d 541 (2d Cir. 1991). · cites it 3× “These acts included possession of stolen motor vehicles in violation of 18 U.S.C. § 2313 (1988) (2 acts); mail fraud in violation of 18 U.”

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