Yes, generally it is illegal to modify pennies and any other U.S. coinage. Federal law prohibits various forms of alteration to currency.
Understanding the Law on Coin Modification
United States federal law explicitly addresses the modification of coins. Under 18 U.S. Code 331, it is illegal to:
- Alter
- Deface
- Mutilate
- Impair
- Diminish
- Falsify
- Scale
- Lighten
any coin minted in the U.S. or any foreign coin being used as currency in the U.S. This broad statute covers a wide range of actions that could change the appearance, weight, or inherent value of a coin. Pennies, being U.S. coins, fall directly under this prohibition.
The primary purpose of this law is to preserve the integrity and trust in the nation's currency. Any modification could potentially lead to counterfeiting, fraud, or simply undermine the government's control over its monetary system.
For a detailed understanding of the statute, you can refer to the full text of 18 U.S. Code 331 Mutilation, diminution, falsification, or lightening of coins.
What Constitutes "Modification" of a Penny?
Many actions that might seem harmless can technically be considered illegal under federal law. Here are common examples:
- Pressed Pennies: These souvenirs, often created at tourist attractions, involve flattening a penny and imprinting a design. While a widespread novelty, the act of defacing or mutilating the coin technically falls under the illegal acts described in the statute. However, prosecution for such acts is rare unless there's an intent to defraud or pass the altered coin off as something of greater value.
- Drilling Holes: Creating a hole in a penny, perhaps to make jewelry or a button, is a form of mutilation or impairment.
- Stamping or Engraving: Adding personal marks, symbols, or letters to a penny through stamping or engraving is considered defacing it.
- Cutting or Clipping: Reducing the size or shape of a penny, perhaps to extract metal or change its appearance, clearly falls under mutilation and diminution.
- Melting Down Coins: While not a "modification" in the traditional sense, melting down pennies (or nickels) for their metal content can also be illegal, as it destroys the coin's form and intrinsic value as currency. This is specifically prohibited by other Treasury regulations, particularly when the intent is to profit from the metal.
Enforcement and Intent
While the law broadly prohibits modifying coins, actual enforcement often takes into account the intent behind the action. The U.S. government typically focuses its efforts on cases where there is:
- Intent to defraud: Attempting to pass an altered coin as a genuine one of higher value, or to create counterfeit currency.
- Commercial exploitation: Modifying coins on a large scale for profit by extracting metal or creating "collectible" items that exploit the currency's design.
For individuals making a single "pressed penny" as a souvenir, the likelihood of prosecution is extremely low, as there is typically no fraudulent intent. However, it's crucial to understand that the act itself of altering, defacing, or mutilating a coin is technically against the law.
Summary of Coin Modification Legality
To clarify what falls under illegal modification, consider the following:
| Type of Action | Legality Under 18 U.S.C. 331 | Typical Enforcement Focus |
|---|---|---|
| Altering | Illegal | Intent to defraud, change value |
| Defacing | Illegal | Large scale, intent to defraud (e.g., pressed pennies for souvenirs are rarely prosecuted) |
| Mutilating | Illegal | Intent to defraud, destroy currency |
| Impairing | Illegal | Intent to defraud, reduce functionality |
| Diminishing | Illegal | Changing size/weight for fraudulent gain |
| Falsifying | Illegal | Creating fake currency, passing off as different |
| Scaling | Illegal | Changing weight |
| Lightening | Illegal | Reducing weight for fraudulent gain |
In conclusion, while certain minor alterations like pressed pennies are widespread and rarely lead to legal action, it is important to be aware that modifying U.S. currency, including pennies, is generally against federal law. The severity of potential consequences typically depends on the nature of the modification and the intent behind it.
