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46 U.S.C. § 70503Prohibited acts

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 397 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses prohibited acts. It sets the rules stated in the explanation.

(a) Knowingly or intentionally, a person may not: (1) make or distribute a controlled substance, possess one intending to make or distribute it, or put or cause it to be put aboard a covered vessel for that purpose; (2) destroy or try or agree with others to destroy forfeitable property aboard a covered vessel, including by throwing it overboard, scuttling, burning, or quickly cleaning the vessel; or (3) conceal or try or agree with others to conceal more than $100,000 in currency or monetary instruments on the person, in a conveyance, luggage, merchandise, container, or compartment on or aboard a covered vessel outfitted for smuggling. (b) These rules apply even when the conduct occurs outside United States territorial jurisdiction. (c)(1) Subject to paragraph (2), they do not apply to a common or contract carrier or employee who lawfully possesses or distributes a controlled substance in the usual carrier business, or to a United States public vessel or person aboard it acting lawfully in official duties. (2) That exception applies only when the substance is cargo listed in the vessel’s manifest and intended for lawful scientific, medical, or other lawful import into the destination country. (d) The Government need not disprove this defense in its charging document or proceeding. The person claiming it must come forward with supporting evidence. (e) “Covered vessel” means a United States vessel or a vessel subject to United States jurisdiction, or any other vessel when the person is a United States citizen or resident alien.
the actual law source: uscode.house.gov ↗public domain
(a)Prohibitions.—

An individual may not knowingly or intentionally—

(1)

manufacture or distribute, possess with intent to manufacture or distribute, or place or cause to be placed with intent to manufacture or distribute a controlled substance on board a covered vessel;

(2)

destroy (including jettisoning any item or scuttling, burning, or hastily cleaning a vessel), or attempt or conspire to destroy, property that is subject to forfeiture under section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)) on board a covered vessel; or

(3)

conceal, or attempt or conspire to conceal, more than $100,000 in currency or other monetary instruments on the person of such individual while on board a covered vessel or in any conveyance, article of luggage, merchandise, or other container, or compartment of or aboard the covered vessel if that vessel is outfitted for smuggling.

(b)Extension Beyond Territorial Jurisdiction.—

Subsection (a) applies even though the act is committed outside the territorial jurisdiction of the United States.

(c)Nonapplication.—
(1)In general.—

Subject to paragraph (2), subsection (a) does not apply to—

(A)

a common or contract carrier or an employee of the carrier who possesses or distributes a controlled substance in the lawful and usual course of the carrier’s business; or

(B)

a public vessel of the United States or an individual on board the vessel who possesses or distributes a controlled substance in the lawful course of the individual’s duties.

(2)Entered in manifest.—

Paragraph (1) applies only if the controlled substance is part of the cargo entered in the vessel’s manifest and is intended to be imported lawfully into the country of destination for scientific, medical, or other lawful purposes.

(d)Burden of Proof.—

The United States Government is not required to negative a defense provided by subsection (c) in a complaint, information, indictment, or other pleading or in a trial or other proceeding. The burden of going forward with the evidence supporting the defense is on the person claiming its benefit.

(e)Covered Vessel Defined.—

In this section the term “covered vessel” means—

(1)

a vessel of the United States or a vessel subject to the jurisdiction of the United States; or

(2)

any other vessel if the individual is a citizen of the United States or a resident alien of the United States.

Source credit: (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1687; Pub. L. 114–120, title III, § 314(a), (b), (e)(1), Feb. 8, 2016, 130 Stat. 59; Pub. L. 119–60, div. G, title LXXIII, § 7324, Dec. 18, 2025, 139 Stat. 1770.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1687
  • 2016Amended · Pub. L. 114-120 · 130 Stat. 59
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1770

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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