Message #232:
From: AzTeC SW Archaeology SIG
To:   "'Matthias Giessler'" 
Subject: Conspiracy of Collecting Arrowheads
Date: Mon Jun 16 15:54:27 1997


Re: http://www.swanet.org/discussion/223.html

From:    Erny Kuncl  

Furthermore, if the person collecting is within a National Park Service
area they will be in violation of Title 36 Code of Federal Regulations,
Section 2.1 "Preservation of natural, cultural, and archaeological
resources" which is a petty offense - usually handled by a violation notice
although an arrest could be made given the right circumstances.  Other land
management agencies have similar CFR regulations.

And, if the taking of the arrowhead (government property) occurs on any
land in federal jurisdiction, then it can be prosecuted as Title  18 United
States Code, Section 641, "Public money, property or records."  This states
that "whoever...steals...(converts, without authority sells, conveys)...(a)
thing of value of the United States...shall be fined or imprisoned not more
than ten years, or both" (a felony); but if the value is less then $100
it's a misdemeanor, with the value being determined by face, par, or market
value or cost, whichever is greater.

Now to make it more interesting, a fun aspect of managing these offenses is
to charge them (if there are two or more people involved in the collecting)
with Conspiracy (18 USC Sec 371)...if two or more persons, conspire
together to commit this crime...and an overt act is committed in the
furtherance, then conspiracy has been committed.  In this setting the
hearsay rule is limited and comments of one can be used against the other,
the single evidence pertains to both, and everyone involved can be
co-equally guilty...and there never has to be the actual taking of the
arrowhead, just the planning to do the event (attempt element) associated
with a facilitating overt act is good enough.

Erny Kuncl, Special Agent, USDOI, NPS Denver, CO
Erny_Kuncl@nps.gov