Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 53a (Aug. 27, 1935, ch. 740, § 201, 49 Stat. 877).

Words “or any department or agency thereof” were inserted to avoid ambiguity as to scope of section. (See definitive section 6 of this title.)

The exception in the case of an invitation or the consent of the occupant, was inserted to make the section complete and remove any doubt as to the application of this section to searches which have uniformly been upheld.

Reference to misdemeanor was omitted in view of definitive section 1 of this title. (See reviser’s note under section 212 of this title.)

Words “upon conviction thereof shall be” were omitted as surplusage, since punishment cannot be imposed until conviction is secured.

Minor changes were made in phraseology.

Editorial Notes
Amendments

2002—Pub. L. 107–273 inserted “under this title” after “warrant, shall be fined” and struck out “not more than $1,000” after “for a first offense”.

1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.