18 U.S.C. § 2344 — Penalties
submitted 48 years ago by Pub. L. 95-575 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 148 words · no verdicts yet
Knowingly violating the contraband-cigarette rules or related rules can lead to imprisonment, a fine, or both. Contraband involved in a violation can be seized and forfeited, then destroyed or used in undercover investigations before destruction.
(a) A person who knowingly violates section 2342(a) may be fined under this title, imprisoned for up to five years, or both.
(b) A person who knowingly violates a rule or regulation issued under section 2343(a) or 2346, or violates section 2342(b), may be fined under this title, imprisoned for up to three years, or both.
(c) Contraband cigarettes* or smokeless tobacco* involved in a violation of this chapter may be seized and forfeited. The civil-forfeiture rules in chapter 46 of title 18 apply. Seized and forfeited products must either (1) be destroyed and not resold, or (2) be used in undercover investigations to detect and prosecute crimes, and then destroyed and not resold.
Whoever knowingly violates section 2342(a) of this title shall be fined under this title or imprisoned not more than five years, or both.
Whoever knowingly violates any rule or regulation promulgated under section 2343(a) or 2346 of this title or violates section 2342(b) of this title shall be fined under this title or imprisoned not more than three years, or both.
Any contraband cigarettes* or contraband smokeless tobacco* involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco* so seized and forfeited shall be either—
destroyed and not resold; or
used for undercover investigative operations for the detection and prosecution of crimes, and then destroyed and not resold.
Source credit: (Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2464; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (S), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 109–177, title I, § 121(b)(4), (d), Mar. 9, 2006, 120 Stat. 222, 223.)
- 1978Enacted · Pub. L. 95-575 · 92 Stat. 2464
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2147, 2148
- 2006Amended · Pub. L. 109-177 · 120 Stat. 222, 223
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-575 on 1978-11-02.
all 0 arguments · sorted by: best
no arguments yet — make the first case