18 U.S.C. § 713

Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress

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(a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both.(b) Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.(c) Whoever, except as directed by the United States Senate, or the Secretary of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Senate, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.(d) Whoever, except as directed by the United States House of Representatives, or the Clerk of the House of Representatives on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States House of Representatives, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.(e) Whoever, except as directed by the United States Congress, or the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Congress, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.(f) A violation of the provisions of this section may be enjoined at the suit of the Attorney General,(1) in the case of the great seal of the United States and the seals of the President and Vice President, upon complaint by any authorized representative of any department or agency of the United States;(2) in the case of the seal of the United States Senate, upon complaint by the Secretary of the Senate;(3) in the case of the seal of the United States House of Representatives, upon complaint by the Clerk of the House of Representatives; and(4) in the case of the seal of the United States Congress, upon complaint by the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly.(Added Pub. L. 89–807, § 1(a), Nov. 11, 1966, 80 Stat. 1525; amended Pub. L. 91–651, § 1, Jan. 5, 1971, 84 Stat. 1940; Pub. L. 102–229, title II, § 210(a)–(d), Dec. 12, 1991, 105 Stat. 1717; Pub. L. 103–322, title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 105–55, title III, § 308(a)–(d), Oct. 7, 1997, 111 Stat. 1198.)Editorial NotesAmendments

1997—Pub. L. 105–55, § 308(d), substituted “the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress” for “and the seal of the United States Senate” in section catchline.

Subsec. (a). Pub. L. 105–55, § 308(a), inserted “or the seal of the United States House of Representatives, or the seal of the United States Congress,” after “Senate,”.

Subsecs. (d), (e). Pub. L. 105–55, § 308(b), added subsecs. (d) and (e). Former subsec. (d) redesignated (f).

Subsec. (f). Pub. L. 105–55, § 308(b)(1), redesignated subsec. (d) as (f).

Subsec. (f)(3), (4). Pub. L. 105–55, § 308(c), added pars. (3) and (4).

1994—Subsecs. (a) to (c). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $250”.

1991—Pub. L. 102–229, § 210(a), substituted “the seals of the President and Vice President, and the seal of the United States Senate” for “and of the seals of the President and Vice President” in section catchline.

Subsec. (a). Pub. L. 102–229, § 210(b), inserted “or the seal of the United States Senate,” after “Vice President of the United States,”.

Subsecs. (c), (d). Pub. L. 102–229, § 210(c), (d), added subsec. (c), amended former subsec. (c) generally, and redesignated former subsec. (c) as (d). Prior to amendment and redesignation, former subsec. (c) read as follows: “A violation of subsection (a) or (b) of this section may be enjoined at the suit of the Attorney General upon complaint by any authorized representative of any department or agency of the United States.”

1971—Pub. L. 91–651 substituted “Use of likenesses of the great seal of the United States, and of the seals of the President and Vice President” for “Use of the great seal of the United States” in section catchline.

Subsec. (a). Pub. L. 91–651 redesignated existing provisions as subsec. (a), expanded prohibition to include likenesses of the seals of the President and Vice President, and added to the enumerated list of prohibited uses for likenesses of the great seal of the United States and for the seals of the President and Vice President, use in posters, public meetings, or on any building, monument, or stationery.

Subsecs. (b), (c). Pub. L. 91–651 added subsecs. (b) and (c).

Statutory Notes and Related SubsidiariesEffective Date of 1971 Amendment

Pub. L. 91–651, § 3, Jan. 5, 1971, 84 Stat. 1941, provided that: “The amendments made by this Act [amending this section] shall not make unlawful any preexisting use of the design of the great seal of the United States or of the seals of the President or Vice President of the United States that was lawful on the date of enactment of this Act [Jan. 5, 1971], until one year after the date of such enactment.”

Executive DocumentsEx. Ord. No. 11649. Regulations Governing Seals of President and Vice President of United States

Ex. Ord. No. 11649, Feb. 16, 1972, 37 F.R. 3625, as amended by Ex. Ord. No. 11916, May 28, 1976, 41 F.R. 22031, provided:

By virtue to the authority vested in me by section 713(b) of title 18, United States Code, I hereby prescribe the following regulations governing the use of the Seals of the President and the Vice President of the United States:

Section 1. Except as otherwise provided by law, the knowing manufacture, reproduction, sale, or purchase for resale of the Seals or Coats of Arms of the President or the Vice President of the United States, or any likeness or substantial part thereof, shall be permitted only for the following uses:

(a) Use by the President or Vice President of the United States;

(b) Use in encyclopedias, dictionaries, books, journals, pamphlets, periodicals, or magazines incident to a description or history of seals, coats of arms, heraldry, or the Presidency or Vice Presidency;

(c) Use in libraries, museums, or educational facilities incident to descriptions or exhibits relating to seals, coats of arms, heraldry, or the Presidency or Vice Presidency;

(d) Use as an architectural embellishment in libraries, museums, or archives established to house the papers or effects of former Presidents or Vice Presidents;

(e) Use on a monument to a former President or Vice President;

(f) Use by way of photographic or electronic visual reproduction in pictures, moving pictures, or telecasts of bona fide news content;

(g) Such other uses for exceptional historical, educational, or newsworthy purposes as may be authorized in writing by the Counsel to the President.

Sec. 2. The manufacture, reproduction, sale, or purchase for resale, either separately or appended to any article manufactured or sold, of the Seals of the President or Vice President, or any likeness or substantial part thereof, except as provided in this Order or as otherwise provided by law, is prohibited.

Richard Nixon.

Notes of Decisions

Cited in 12 cases, 1934–2020 · leading case: Carroll v. Squier

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Carroll v. Squier (1943) ca9 · cites it 2× “Upon completion of the minimum term of sentence, Carroll was entitled to a release under said sections by reason of good conduct throughout the term thereof and earned industrial good time, both of which operated to reduce the term of imprisonment to the aforesaid minimum term.”

United States Servicemen's Fund v. Eastland (1973) cadc “18 U.S.C. § 713 . The condition and efficiency of the military is a matter of vital concern to Congress, particularly when large scale foreign military operations, such as were under way in 1970, were being un *379 dertaken.”

Robart v. State (2004) alaskactapp “Under 18 U.S.C. § 713 (2) (2000), Congress has protected the great seal of United States, the seals of the President and the Vice President of the United States, the seal of the United States Senate, the seal of the United States House of Representatives, and the Seal of the…”

Manuel Johnson v. Charles H. Ward, United States Marshal for the District of Columbia (1960) cadc · cites it 2× “C § 716b (1940), which qualified 18 U.S.C. § 713 (1940), and was in force at the time appellant was convicted.”

State v. Robart (1999) alaskactapp “(b) Violation of this section is a misdemean- or, and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.”

Albert P. Hughes v. John C. Burke, Warden, Wisconsin State Prison (1964) ca7 “2d 571 , cited by petitioner, the Court did say (at page 573) that good time earned may be enforced by habeas cor *797 pus, but also stated that the parolee’s liberty was contingent on good behavior and that he might lose his good time under Title 18 U.S.C. § 713 and § 716b (now…”

Pacific Cigar, Co. v. United States (2004) cit · cites it 2× “On July 29, 2003, the Bureau of Customs and Border Protection (“CBP” or “Customs”) seized a shipment of Pacific’s merchandise alleging that the goods were marked with a logo consisting of the Great Seal of the United States or the Presidential Seal, thus violating 18 U.S.C. §…”

People ex rel. Umbenhowar v. McDonnell (1934) ilnd “” (18 USCA § 713). Had it not been for the amendment to 18 USCA § 716b, there would be no question but that the relator had fully served his sentence.”

Rothamel v. Fluvanna County (2011) vawd “” 18 U.S.C. § 713 (a). 10 The carefully drawn proscription presented in the federal law stands in marked contrast to the blanket prohibition here.”

Hill v. Brewer (1985) wiwd “See 18 U.S.C. § 713 (1940) (enacted at Act of Mar, 3, 1875, ch.”

KIMBERLIN v. United States (2020) insd “§ 701 for unlawfully possessing an official DOD insignia, and 18 U.S.C. § 713 for illegal use of the presidential seal violate the First Amendment under Alvarez, but the Court need not reach these arguments.”

United States v. AZZARI (1999) txsd “18 U.S.C. § 713 (criminalizing use of an official United States seal falsely to convey government endorsement).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.