U.S. COIN MUTILATION LAWS Public Deposited

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  • The E-Sylum: Volume 9, Number 36, September 3, 2006, Article 25

    U.S. COIN MUTILATION LAWS

    Regarding the question on U.S. coin mutilation laws, Katie Jaeger
    writes: "I researched the topic recently - and came up with the
    following quotation from Title 18 at the website straightdope.com:

    Title 18, Section 331 states, “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, shall be fined
    under this title or imprisoned not more than five years, or both.”
    This law enacted in 1909 was strictly enforced at first, bringing an
    abrupt end to countermarking, elongating, carving, cutting away blank
    fields, and pushing out reliefs on coins.

    The Treasury Department, however, has come to view the decree as
    hinging on its second word: fraudulently. Examples of fraudulent
    tampering are the ancient practice of shaving metal off the edges
    of solid gold coins, or the 1883 practice of making “racketeer
    nickels.” (When the Mint issued a nickel design which did not bear
    the words FIVE CENTS on the reverse, but instead employed a Roman
    numeral V just like the one on the $5 gold piece, some miscreants
    plated gold on their nickels and passed them as $5 pieces.)

    Section 331 takes aim at these types of deceptions, but not at the
    creation of coin novelties. The law was probably responsible for
    the practice of stickering and capping coins, which enabled
    advertising on coins without altering them. Elongated roller
    machines did disappear for a while, but the law never stopped
    kids from putting pennies on the railroad tracks!"

    John and Nancy Wilson write: "Here is information from the
    Wikipedia on the legality of making elongated coins in the U.S.
    and Great Britain:

    "The process of creating elongated coins is legal in the United
    States, Japan, South Africa and parts of Europe. In the United
    States, U.S. Code Title 18, Chapter 17, Section 331 prohibits
    "the mutilation, diminution and falsification of United States
    coinage." The foregoing statute, however, does not prohibit the
    mutilation of coins if the mutilated coins are not used fraudulently,
    i.e., with the intention of creating counterfeit coinage. Because
    elongated coins are made mainly as souvenirs, mutilation for this
    purpose is legal.

    It is no longer illegal in Great Britain to mutilate the image
    of the Queen, It is still illegal in Canada and blank planchets,
    slugs or U.S. pennies are occasionally used, though this law is
    often ignored both by the users of the machine and law enforcement.
    Full Story

    Kerry Rodgers writes: "I have an article on elongated coins in
    the September issue of Coin News. (That's the UK fella). I have
    specific quotes from the Royal Mint and UK Treasury folk as to its
    legality. These quotes came from bureaucrats and lawyers - need
    I say more? They neatly avoid saying making stretchies is illegal
    - in so many words - but make it clear they don't approve. They
    have never prosecuted for it and thereby tested the law as they
    understand it.

    In the EU it is a whole different ball game and even though
    stretched EU cents are offered on eBay and elsewhere, it is a
    no-no. As the UK is part of the EU it could be illegal to squish
    EU cents in the UK, where they have no currency, whereas doing it
    to UK money itself may not be illegal if you have a smart lawyer.
    What was that about the law being an ass?

    The elongation issue in the US has been discussed at length in
    several places and I defer to my North American colleagues. It is
    not illegal from what I can gather. Nor is it in New Zealand since
    a change in the law sometime back overlooked deforming coins although
    it has some harsh things to say about melting them. A similar
    situation exists in Australia."

Source URL Date published
  • 2006-09-03
Volume
  • 9

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