(b) In a prosecution for keeping or resorting to a house as described in subsection (a) of this section, common repute may be received as evidence of the character of the house, the purpose for which it is kept or used, and the character of the female persons inhabiting or resorting to it.

§ 2093. Keeping disorderly house

Whoever:

(1) keeps a disorderly house, or a house for the purpose of assignation or prostitution, or a house of public resort, by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed;

(2) keeps an inn in a disorderly manner; or

(3) lets an apartment or tenement knowing that it is to be used for the purpose of assignation or prostitution

shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

§ 2094. Prevailing upon person to visit house of prostitution

Whoever, through invitation or device, prevails upon a person to visit a place kept for the purpose of prostitution, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both. CHAPTER 103-PUBLIC OFFICES, OFFICERS, AND

2121. Failure to perform, or violation of law relating to, official duties.

2122. Omission to perform duty enjoined by law.

2123. Mutilation, destruction, or removal of records; withholding records or property from successor.

2124. False certificates by officers.

2125. Exercising function of public office without having qualified.

2126. Intrusion into office; exercising functions after expiration of term.

2127. Attempting to deter, or resisting, executive officer.

2128. Resisting public officer in discharge of his duty.

SUBCHAPTER II-CRIMES AGAINST THE REVENUE

2151. "Public moneys" defined.

2152. Embezzlement or misuse of public moneys; falsification of accounts. 2153. Other offenses by officers or employees who collect or receive public moneys. 2154. Court officers failing to pay over fines or forfeitures received.

Subchapter I-General Provisions

§ 2121. Failure to perform, or violation of law relating to, official duties

Whoever, holding a public office:

or

(1) willfully refuses or neglects to perform the duties thereof;

(2) violates any provision of law relating to his duties or the duties of his office

shall, unless some other punishment is prescribed by law, be fined not more than $5,000 or imprisoned in jail not more than one year, or both. § 2122. Omission to perform duty enjoined by law

Whoever, being a public officer or person holding a public trust or employment, willfully omits to perform a duty enjoined upon him by law, shall, where no special provision has been made for the punishment of the delinquency, be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

§ 2123. Mutilation, destruction, or removal of records; withholding records or property from successor

Every officer whose office is abolished by law or under authority of law, or who, after the expiration of the time for which he may be appointed, or after he has resigned or been legally removed from office, willfully and unlawfully:

(1) mutilates, destroys, or takes away the records, papers, documents or other writings appertaining or belonging to his office; or (2) withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writings appertaining or belonging to his office, or any money or property in his official custody

shall be imprisoned in the penitentiary not more than 10 years. § 2124. False certificates by officers

Whoever, being a public officer authorized by law to make or give any certificate or other writing, makes and delivers as true any such certificate or writing containing statements which he knows to be false, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.

8 2125. Exercising function of public office without having qualified

(a) Whoever exercises a function of a public office without taking the oath of office or giving bond, if required by law, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both. (b) Subsection (a) of this section does not affect the validity of acts done by a person exercising the functions of a public office in fact, where persons other than himself are interested in maintaining the validity of those acts.

§ 2126. Intrusion into office; exercising functions after expiration of term

Whoever:

(1) willfully and knowingly intrudes himself into a public office to which he has not been selected or appointed; or

(2) having been an executive officer, willfully exercises any of the functions of his office after his term has expired and a successor has been selected or appointed and has qualifiedshall be fined not more than $100 or imprisoned in jail not more than 80 days, or both.

8 2127. Attempting to deter, or resisting, executive officer Whoever :

(1) attempts, by means of a threat or violence, to deter or prevent an executive officer from performing a duty imposed upon him by law; or

(2) knowingly resists, by the use of force or violence, an executive officer in the performance of his duty

shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.

§ 2128. Resisting public officer in discharge of his duty

Whoever willfully resists, delays, or obstructs a public officer in the discharge, or attempt to discharge, a duty of his office, shall, if no other punishment is prescribed by law, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.

Subchapter II-Crimes Against The Revenue

§ 2151. "Public moneys" defined

As used in this subchapter, "public moneys" includes all moneys, bonds and evidences of indebtedness:

(1) belonging to the United States or a department or agency thereof; and

(2) received or held by officers or employees of the United States or a department or agency thereof in their official capacity. § 2152. Embezzlement or misuse of public moneys; falsification of accounts

Whoever, being an officer of the United States or a department or agency thereof, or a person charged with the receipt, safekeeping, transfer or disbursement of public moneys:

(1) without authority of law, appropriates public moneys to his own use or to the use of another person;

(2) lends public moneys, or makes a profit out of, or uses, public moneys for a purpose not authorized by law;

(3) fails to keep public moneys in his possession until disbursed or paid out by authority of law;

(4) unlawfully deposits public moneys in a bank or with a banker or other person;

(5) knowingly keeps a false account, or makes a false entry or erasure in an account of or relating to public moneys;

(6) fraudulently alters, falsifies, conceals, destroys, or obliterates an account, or documents relating thereto;

(7) willfully refuses or omits to pay over, on demand, public moneys in his hands, upon the presentation of a draft, order or warrant drawn upon the moneys by competent authority;

(8) willfully omits to transfer public moneys when the transfer is required by law; or

(9) willfully omits or refuses to pay over, to an officer or person authorized by law to receive public moneys, money received by him under a duty imposed by law so to pay over the money

shall be removed from office, and shall be fined not more than $10,000 or imprisoned in the penitentiary not more than 10 years, or both; and is disqualified from holding any office under the United States. § 2153. Other offenses by officers or employees who collect or receive public moneys

(a) Whoever, being an officer or employee of the United States, or any department or agency thereof, who collects or receives public

moneys:

(1) fails fully and promptly to account for all public funds, fines, internal revenue stamps, licenses, receipts, books, documents, records, papers, or any other form of public property;

(2) is guilty of extortion or willful oppression under color of law;

(3) knowingly demands other or greater sums than are authorized by law, or receives any fee, compensation or reward except as herein provided for the performance of a duty;

(4) willfully neglects to perform a duty enjoined upon him by law;

(5) conspires or colludes with, makes opportunities for, or does or omits to do any act with intent to enable, another person to defraud the public revenues;

(6) negligently or designedly permits a violation of the law by a person;

(7) makes or signs a false entry in a book, or makes or signs a false certificate or return, in a case where he is required by law to make an entry, certificate or return;

(8) having knowledge or information of the violation of a provision of the law respecting public revenues by a person, or of fraud committed by a person against the public revenues, fails to report the violation or fraud in writing to the designated authority;

(9) demands, accepts, or attempts to collect, directly or indirectly, as payment, gift, or otherwise, a sum of money or other thing of value for the compromise, adjustment, or settlement of a charge or complaint for a violation or alleged violation of the law respecting public revenues; or

(10) divulges or makes known to a person, in any manner not provided by law, the accounts, condition of business affairs or manner of conducting them, of a person whose books, accounts and business operations have been investigated in the discharge of his duties

shall be removed from office, and shall be fined not more than $10,000 or imprisoned in the penitentiary not more than 10 years, or both; and is disqualified from holding any office under the United States. (b) For the purpose of subsection (a) of this section, all funds, moneys and properties of the United States or a department or agency thereof are public funds.

§ 2154. Court officers failing to pay over fines or forfeitures received

Whoever, being a clerk, magistrate, marshal, constable, or other court officer or employee, receives, by virtue of his official relation, position or employment, any fine or forfeiture or other money, and refuses or neglects to pay it over according to law, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both.

Sec.

CHAPTER 105—RAILROADS AND OTHER CARRIERS

2181. Attempt to wreck train.

2182. Causing collision resulting in death.

2183. Failure to operate signal at crossings.

2184. Intoxication while on duty.

2185. Injuries to railroads and railroad bridges.

2186. Taking packing or waste from railroad Journal boxes.

2187. Boarding train with intent to obtain free ride.

2188. Jumping on or off train; riding on roof, platform, appliances or projections.

2189. Overcharges by agents of common carriers.

§ 2181. Attempt to wreck train

Whoever:

(1) unlawfully throws out a switch, removes a rail, or places. an obstruction on a railroad, tramway, or electric railway, with the intent to derail a passenger, freight or other train, car, or engine;

(2) unlawfully places dynamite or other explosive material, or an obstruction, on or near the track of a railroad, tramway, or electric railway, with the intent to blow up or derail a passenger, freight or other train, car, or engine; or

(3) unlawfully sets fire to a railroad, tramway, or electric railway, or a bridge or trestle, over which a passenger, freight or other train, car, or engine, must pass, with the intent to wreck the train, car or engine

shall be imprisoned in the penitentiary not more than 40 years.

§ 2182. Causing collision resulting in death

Whoever, being a conductor, engineer, brakeman, switchman or other person having charge, wholly or in part, of a railroad car, locomotive or train, willfully or negligently suffers or causes the car, locomotive or train to collide with another car, locomotive or train, or with any other object or thing whereby the death of a human being is produced, shall be imprisoned in the penitentiary not more than 10 years.

§ 2183. Failure to operate signal at crossings

Whoever, having charge of a locomotive-engine, omits, before crossing a traveled public way, to cause a bell, whistle, horn or other warning device to sound, at the distance of at least 500 feet from the crossing, and up to it, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

§ 2184. Intoxication while on duty

Whoever, being employed by or upon a railroad as engineer, conductor, baggage-master, brakeman, switchman, fireman, bridgetender, flagman, or signalman, or as train dispatcher or telegraph operator in connection with the receipt or transmission of dispatches in relation to the movement of trains, or being any other person having charge of the regulation or running of trains upon a railroad in any manner whatever, becomes or is intoxicated while in the discharge of his duties, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both; but if he does an act or neglects a duty, by reason of the intoxication, which causes the death of, or bodily injury to, a person, he shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.

§ 2185. Injuries to railroads and railroad bridges

Whoever maliciously:

(1) removes, displaces, injures or destroys any part of a railroad, or a track of a railroad, or a branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with a railroad; or

(2) places an obstruction upon the rails or track of a railroad, or of a switch, branch, branchway or turnout connected with a railroad

shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.

§ 2186. Taking packing or waste from railroad journal boxes

Whoever, without lawful authority, takes or removes the packing or waste from out of a journal box or boxes of a locomotive-engine, tender, coach, caboose or truck, used or operated on a railroad, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

§ 2187. Boarding train with intent to obtain free ride

Whoever boards a passenger, freight or other railway train, whether moving or standing, for any purpose and without in good faith intending to become a passenger thereon, and with no lawful business thereon, and with intent to obtain a free ride on the train, however short the distance, without the consent of the person or persons in charge thereof, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.