46 U.S.C. § 70506 — Penalties
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 323 words · no verdicts yet
This section addresses penalties. It sets the rules stated in the explanation.
(a) A person violating section 70503(a)(1) is punished under section 1010 of the cited drug-control Act. A second or later offense, as defined in that Act, is punished under section 1012. (b) An attempt or conspiracy to violate section 70503 has the same penalties as the violation. (c)(1) After notice and a hearing opportunity, the Secretary may find that a person aboard a vessel* subject to United States jurisdiction knowingly or intentionally possessed a controlled substance under the Controlled Substances Act. The person then owes a civil penalty of up to $5,000 for each violation, and the Secretary must give written notice of the amount. (2) The Secretary must consider the conduct’s nature, circumstances, extent, and seriousness; the person’s blameworthiness, prior offenses, ability to pay, and other matters justice requires. (3) The assessment is not a conviction under State* or Federal law, but may prove possession when relevant. (d) A person violating section 70503(a)(2) or (3) may be fined under section 3571 of title 18, imprisoned for up to 15 years, or both.
A person violating paragraph (1) of section 70503(a) of this title shall be punished as provided in section 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960). However, if the offense is a second or subsequent offense as provided in section 1012(b) of that Act (21 U.S.C. 962(b)), the person shall be punished as provided in section 1012 of that Act (21 U.S.C. 962).
A person attempting or conspiring to violate section 70503 of this title is subject to the same penalties as provided for violating section 70503.
Any individual on a vessel subject to the jurisdiction of the United States* who is found by the Secretary, after notice and an opportunity for a hearing, to have knowingly or intentionally possessed a controlled substance within the meaning of the Controlled Substances Act (21 U.S.C. 812) shall be liable to the United States for a civil penalty of not to exceed $5,000 for each violation. The Secretary shall notify the individual in writing of the amount of the civil penalty.
In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
Assessment of a civil penalty under this subsection shall not be considered a conviction for purposes of State* or Federal law but may be considered proof of possession if such a determination is relevant.
A person violating paragraph (2) or (3) of section 70503(a) shall be fined in accordance with section 3571 of title 18, imprisoned not more than 15 years, or both.
Source credit: (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 111–281, title III, § 302, Oct. 15, 2010, 124 Stat. 2923; Pub. L. 114–120, title III, § 314(c), Feb. 8, 2016, 130 Stat. 59.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1688
- 2010Amended · Pub. L. 111-281 · 124 Stat. 2923
- 2016Amended · Pub. L. 114-120 · 130 Stat. 59
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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