§ 2. Principals
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(a)Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b)Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.
(June 25, 1948, ch. 645, 62 Stat. 684; Oct. 31, 1951, ch. 655, § 17b, 65 Stat. 717.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 550 (Mar. 4, 1909, ch. 321, § 332, 35 Stat. 1152).
Section 2(a) comprises section 550 of title 18, U.S.C., 1940 ed., without change except in minor matters of phraseology.
Section 2(b) is added to permit the deletion from many sections throughout the revision of such phrases as “causes or procures”.
The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who “aids, abets, counsels, commands, induces or procures” another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States.
It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.
This accords with the following decisions: Rothenburg v. United States, 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and United States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. United States v. Giles, 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888.
Connections231 cite this · traces to 1
Cited by 231 sections · top 60
U.S. Code
- § 1001Statements or entries generally
- § 841Prohibited acts A
- § 793Gathering, transmitting or losing defense information
- § 641Public money, property or records
- § 287False, fictitious or fraudulent claims
- § 1341Frauds and swindles
- § 545Smuggling goods into the United States
- § 506Seals of departments or agencies
- § 494Contractors’ bonds, bids, and public records
- § 657Lending, credit and insurance institutions
- § 542Entry of goods by means of false statements
- § 1716Injurious articles as nonmailable
- § 508Transportation requests of Government
- § 871Threats against President and successors to the Presidency
- § 1301Importing or transporting lottery tickets
- § 242Deprivation of rights under color of law
- § 1581Peonage; obstructing enforcement
- § 1761Transportation or importation
- § 1696Private express for letters and packets
- § 1715Firearms as nonmailable; regulations
- § 2422Coercion and enticement
- § 331Mutilation, diminution, and falsification of coins
- § 2314Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting
- § 541Entry of goods falsely classified
- § 1461Mailing obscene or crime-inciting matter
- § 1006Federal credit institution entries, reports and transactions
- § 493Bonds and obligations of certain lending agencies
- § 1951Interference with commerce by threats or violence
- § 474Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or securities
- § 1010Department of Housing and Urban Development and Federal Housing Administration transactions
- § 2233Rescue of seized property
- § 876Mailing threatening communications
- § 482Foreign bank notes
- § 794Gathering or delivering defense information to aid foreign government
- § 1855Timber set afire
- § 1425Procurement of citizenship or naturalization unlawfully
- § 1462Importation or transportation of obscene matters
- § 1708Theft or receipt of stolen mail matter generally
- § 1705Destruction of letter boxes or mail
- § 1712Falsification of postal returns to increase compensation
- § 481Plates, stones, or analog, digital, or electronic images for counterfeiting foreign obligations or securities
- § 478Foreign obligations or securities
- § 1792Mutiny and riot prohibited
- § 495Contracts, deeds, and powers of attorney
- § 288False claims for postal losses
- § 490Minor coins
- § 597Expenditures to influence voting
- § 1853Trees cut or injured
- § 1543Forgery or false use of passport
- § 877Mailing threatening communications from foreign country
- § 854Investment of illicit drug profits
- § 289False claims for pensions
- § 509Possessing and making plates or stones for Government transportation requests
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Traces to 1 document
6 references not yet in our index
- June 25, 1948, ch. 645
- 62 Stat. 684
- Oct. 31, 1951, ch. 655, § 17b
- 65 Stat. 717
- Mar. 4, 1909, ch. 321, § 332
- 35 Stat. 1152
Citation graph
cites case law
§ 2
Principals
Fed. Reg.×113
U.S.C.×103
IRM×14
C.F.R.×1
ActJune 25, 1948, ch. 645
Stat.62 Stat. 684
ActOct. 31, 1951, ch. 655, § 17b
Stat.65 Stat. 717
ActMar. 4, 1909, ch. 321, § 332
Cites 7 · showing 6Cited by 231 across 4 sources