The law › Title 18, Crimes and Criminal Procedure › Chapter 113
18 U.S.C. 2320: Trafficking in counterfeit goods or services
Created in 1984 by Public Law 98-473. Changed by 12 later laws. No bill we track in this Congress changes it.
2 other sections of the Code cite this one, including 18 U.S.C. 2318, 49 U.S.C. 80302.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2016
- Pub. L. 114–154, §3(2)(A), added par. (4) and struck out former par. (4) which read as follows: "traffics in a counterfeit drug,". Law text · (a)
- Pub. L. 114–154, §3(2)(B), substituted "drug that uses a counterfeit mark on or in connection with the drug" for "counterfeit drug" in introductory provisions. Law text · (b)
- Pub. L. 114–154, §3(2)(C), added par. (6) and struck out former par. (6) which defined "counterfeit drug". Law text · (f)
2012
- Pub. L. 112–144, §717(a)(1), added par. (4) and substituted "through (4)" for "through (3)" in concluding provisions. (Food and Drug Administration Safety and Innovation Act) Law text · (a)
- Pub. L. 112–144, §717(a)(2), inserted "and counterfeit drugs" after "services" in heading and "or counterfeit drug" after "service" in introductory provisions. (Food and Drug Administration Safety and Innovation Act) Law text · (b)
- Pub. L. 112–144, §717(a)(3), added par. (6). (Food and Drug Administration Safety and Innovation Act) Law text · (f)
2011
- Pub. L. 112–81 amended section generally, adding provisions relating to counterfeit military goods and services. (National Defense Authorization Act for Fiscal Year 2012) Law text
2008
- Pub. L. 110–403, §205(a)(1), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, substituted "Whoever;" for "Whoever", realigned margin, and added par. (2). Law text · (a)
- Pub. L. 110–403, §205(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to property subject to forfeiture, forfeiture procedures, and restitution. Law text · (b)
- Pub. L. 110–403, §205(a)(2), added subsec. (h). Law text · (h)
2006
- Pub. L. 109–181, §1(b)(1), inserted ", or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit m… Law text · (a)
- Pub. L. 109–181, §1(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Upon a determination by a preponderance of the evidence that any articles in the possession of a defendant in a prosecution under this section bear counterfeit marks, the United … Law text · (b)
- Pub. L. 109–181, §1(b)(3)(B), amended concluding provisions generally. Prior to amendment, concluding provisions read as follows: "but such term does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time … Law text · (e)
- Pub. L. 109–181, §1(b)(3)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: "a spurious mark— Law text · (e)
- Pub. L. 109–181, §2(b)(1), added par. (2) and struck out former par. (2) which read as follows: "the term 'traffic' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, trans… Law text · (e)
- Pub. L. 109–181, §2(b)(2), (3), added par. (3) and redesignated former par. (3) as (4). Law text · (e), (4)
- Pub. L. 109–181, §1(b)(4), added subsec. (f) and redesignated former subsec. (f) as (g). Law text · (f), (g)
2002
- Pub. L. 107–140 substituted "section 220506 of title 36" for "section 220706 of title 36". Law text · (e)
- Pub. L. 107–273, §205(e), designated existing provisions as par. (1), substituted "this title" for "title 18" wherever appearing, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and added par. (2). (21st Century Department of Justice Appropriations Authorization Act) Law text · (f)
1998
- Pub. L. 105–225, §4(b)(1), as amended by Pub. L. 105–354, §2(c)(1), substituted "section 220706 of title 36" for "section 110 of the Olympic Charter Act". Law text · (e)
- Pub. L. 105–225, §4(b)(2), as amended by Pub. L. 105–354, §2(c)(1), inserted "and" after semicolon at end. Law text · (e)
- Pub. L. 105–225, §4(b)(3), as amended by Pub. L. 105–354, §2(c)(1), substituted a period for "; and" at end. Law text · (e)
- Pub. L. 105–225, §4(b)(4), as amended by Pub. L. 105–354, §2(c)(1), struck out par. (4) which read as follows: "the term 'Olympic Charter Act' means the Act entitled 'An Act to incorporate the United States Olympic Association', approved September 21, 1950 (36 U.S.C. 371 et seq.)." Law text · (e)
1997
- Pub. L. 105–147 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. Law text · (d), (e), (f)
1996
- Pub. L. 104–153 added subsec. (e). Law text · (e)
1994
- Pub. L. 103–322, §330016(1)(U), which directed the amendment of this section by striking "not more than $250,000" and inserting "under this title", could not be executed because the phrase "not more than $250,000" did not appear in text subsequent to amendment of subsec. (a) by Pub. L. 103–322, §32…
- Pub. L. 103–322, §320104(a), in first sentence, substituted "$2,000,000 or imprisoned not more than 10 years" for "$250,000 or imprisoned not more than five years" and "$5,000,000" for "$1,000,000", and in second sentence, substituted "$5,000,000 or imprisoned not more than 20 years" f… · (a)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.