(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 101–510, div. A, title V, § 552(a), Nov. 5, 1990, 104 Stat. 1566; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 234, 235 (Mar. 4, 1909, ch. 321, §§ 128, 129, 35 Stat. 1111, 1112).
Section consolidates sections 234 and 235 of title 18, U.S.C., 1940 ed.
Reference in subsection (a) to intent to steal was omitted as covered by section 641 of this title.
Minor changes were made in phraseology.
Editorial Notes
Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000” in subsecs. (a) and (b).
1990—Subsec. (b). Pub. L. 101–510 inserted at end “As used in this subsection, the term ‘office’ does not include the office held by any person as a retired officer of the Armed Forces of the United States.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPub. L. 101–510, div. A, title V, § 552(b), Nov. 5, 1990, 104 Stat. 1567, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of January 1, 1989.”