Dear hickey35-ga;
Thank you for allowing me to answer your interesting question.
Defacing US currency is indeed illegal. Defacement of currency in such
a way that it is made unfit for circulation comes under the
jurisdiction of the United States Secret Service:
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 17 - COINS AND CURRENCY
§ 333. Mutilation of national bank obligations
“Whoever mutilates, cuts, defaces, disfigures, or perforates, or
unites or cements together, or does any other thing to any bank bill,
draft, note, or other evidence of debt issued by any national banking
association, or Federal Reserve bank, or the Federal Reserve System,
with intent to render such bank bill, draft, note, or other evidence
of debt unfit to be reissued, shall be fined under this title or
imprisoned not more than six months, or both.”
FINDLAW
http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/17/sections/section_333.html
or
http://assembler.law.cornell.edu/uscode/search/display.html?terms=defaces&url=/uscode/html/uscode18/usc_sec_18_00000333----000-.html
Prior to 1994 when this law was amended, the statute read “fined not
more than $100”. This was changed in 1994 to read “shall be fined
under this title” which effectively gives the court the authority to
impose a fine at its discretion. Of course the imprisonment terms
mentioned in the statute speaks for itself.
NOTES TITLE 18 SECTION 333
http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000333----000-notes.html
This next statute concerns the defacing of currently circulated coins,
either foreign or domestic:
United States Code
TITLE 18
PART I
CHAPTER 17
§ 331. Mutilation, diminution, and falsification of coins
http://assembler.law.cornell.edu/uscode/search/display.html?terms=defaces&url=/uscode/html/uscode18/usc_sec_18_00000331----000-.html
“Whoever fraudulently alters, defaces, mutilates, impairs, diminishes,
falsifies, scales, or lightens any of the coins coined at the mints of
the United States, or any foreign coins which are by law made current
or are in actual use or circulation as money within the United States;
or whoever fraudulently possesses, passes, utters, publishes, or
sells, or attempts to pass, utter, publish, or sell, or brings into
the United States, any such coin, knowing the same to be altered,
defaced, mutilated, impaired, diminished, falsified, scaled, or
lightened— Shall be fined under this title or imprisoned not more than
five years, or both.”
Like the statute I previously discussed, prior to 1994 when this law
was amended, the statute read “fined not more than $2,000”. This was
changed in 1994 to read “shall be fined under this title” which
effectively gives the court the authority to impose a fine at its
discretion. Of course the imprisonment terms mentioned in the statute
speaks for itself.
NOTES TITLE 18 SECTION 331
http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000331----000-notes.html
“Do people sometimes do this and get away with it?”
Sure they do. We've all seen it and yet no one seems to be swooping
down on the violators to haul them off to jail.
“If this is the law spelled out before us in black and white then why
doesn’t the government prosecute everyone who does it?”
Your guess is as good as mine; but nevertheless, there’s the law, just
as it is written and just as you asked.
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga – Google Answers Researcher
INFORMATION SOURCES
FDIC
http://www.fdic.gov/regulations/laws/rules/8000-1200.html
CORNELL LAW SCHOOL
http://www.law.cornell.edu/
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