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18 U.S.C. § 229APenalties

submitted 28 years ago by Pub. L. 105-277 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 278 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone convicted of violating the chemical weapons ban can be fined and imprisoned for any number of years, or face the death penalty or life in prison if someone dies as a result. The Attorney General can also sue violators for a civil penalty of up to $100,000 per violation. Convicted people must also repay the government's costs of seizing and destroying the weapon.

(a) Criminal Penalties. Anyone who violates the chemical weapons ban in section 229 can be fined, imprisoned for any number of years, or both. If the violation causes someone else's death, the punishment is death or life in prison. (b) Civil Penalties. The Attorney General can also sue a violator in federal district court. If the government proves the violation by a preponderance of the evidence — meaning it is more likely than not true — the violator can be ordered to pay a civil penalty of up to $100,000 per violation. This civil penalty does not stop the government or anyone else from also pursuing other criminal, civil, or administrative remedies. (c) Reimbursement of Costs. Anyone convicted under subsection (a) must reimburse the United States for expenses it incurred seizing, storing, handling, transporting, and destroying or otherwise disposing of the property involved in the crime. If more than one person is ordered to pay these costs for the same expenses, each of them is fully responsible for the whole amount, together with the others (called being "jointly and severally liable").
the actual law source: uscode.house.gov ↗public domain
(a)Criminal Penalties.—
(1)In general.—

Any person who violates section 229 of this title shall be fined under this title, or imprisoned for any term of years, or both.

(2)Death penalty.—

Any person who violates section 229 of this title and by whose action the death of another person is the result shall be punished by death or imprisoned for life.

(b)Civil Penalties.—
(1)In general.—

The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 229 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation.

(2)Relation to other proceedings.—

The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.

(c)Reimbursement of Costs.—

The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses.

Source credit: (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–867.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.

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