46 U.S.C. § 3718 — Penalties
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 290 words · no verdicts yet
This section sets civil and criminal penalties for violating this chapter or its regulations. It also lets federal courts restrain violations and lets the Secretary of Homeland Security withhold or revoke a vessel’s required clearance in specified circumstances.
(a)(1) A person who violates this chapter or a regulation made under it owes the United States Government a civil penalty of up to $25,000. Each day that a continuing violation lasts counts as a separate violation. (2) Each vessel* covered by this chapter that is operated in violation of the chapter or such a regulation is liable in rem for a civil penalty under this subsection. This section does not define the quoted legal term “in rem.”
(b) A person who willfully and knowingly violates this chapter or such a regulation commits a class D felony.
(c) Instead of the subsection (b) penalty, a person who willfully and knowingly violates this chapter or such a regulation and uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to an official authorized to enforce this chapter or regulation, commits a class C felony. This section does not define the quoted term “dangerous weapon.”
(d) United States district courts have jurisdiction to restrain a violation of this chapter or a regulation made under it.
(e)(1) If a vessel’s owner, operator, or person in charge owes a penalty or fine under this section, or if there is reasonable cause to believe that one of them may owe one, the Secretary of Homeland Security must, at the Secretary’s request, refuse or revoke any clearance required by section 60105 of this title for that vessel. (2) The Secretary may grant the refused or revoked clearance or permit after the person files a bond or other security satisfactory to the Secretary.
A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation.
Each vessel* to which this chapter applies that is operated in violation of this chapter or a regulation prescribed under this chapter is liable in rem for a civil penalty under this subsection.
A person willfully and knowingly violating this chapter or a regulation prescribed under this chapter commits a class D felony.
Instead of the penalties provided by subsection (b) of this section, a person willfully and knowingly violating this chapter or a regulation prescribed under this chapter, and using a dangerous weapon, or engaging in conduct that causes bodily injury or fear of imminent bodily injury to an official authorized to enforce this chapter or a regulation prescribed under this chapter, commits a class C felony.
The district courts of the United States have jurisdiction to restrain a violation of this chapter or a regulation prescribed under this chapter.
If any owner, operator, or individual in charge of a vessel is liable for any penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to any penalty or fine under this section, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of this title.
Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.
Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 527; Pub. L. 101–380, title IV, § 4302(c), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104–324, title III, § 312(d), Oct. 19, 1996, 110 Stat. 3921; Pub. L. 109–304, § 15(17), Oct. 6, 2006, 120 Stat. 1703.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 527
- 1990Amended · Pub. L. 101-380 · 104 Stat. 538
- 1996Amended · Pub. L. 104-324 · 110 Stat. 3921
- 2006Amended · Pub. L. 109-304 · 120 Stat. 1703
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.
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