Us Code § 58109 - Penalties
Full text of Us Code United States Code § 58109 — Penalties, with citation guidance and answers to common questions.
§ 58109. Penalties
(a)
(b)
(c)
(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1673.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 58109 | 46 App.:1228 (1st, 2d pars.). | June 29, 1936, ch. 858, title VIII, §806(b), (c), 49 Stat. 2014; Pub. L. 97–31, §12(125), Aug. 6, 1981, 95 Stat. 164. |
In subsection (a), the word "individual" is substituted for "natural person" for consistency in the revised title. The words "convicted of violating section 58101(d), 58103, or 58105 of this title" are substituted for "found guilty of any act or acts declared in this chapter to constitute a misdemeanor" because the sections referred to restate the provisions which declare certain acts to be misdemeanors and because the restatement of those provisions does not use the word "misdemeanor". The words "in any district court of the United States" are omitted as unnecessary. The words "shall be fined under title 18, imprisoned for at least one year but not more than five years, or both" are substituted for "shall be punished by a fine of not more than $10,000, or by imprisonment for not less than one year or more than five years, or by both fine and imprisonment" because of chapter 227 of title 18. See 18 U.S.C. 3559 (which classifies offenses based on the maximum term of imprisonment) and 3571 (which establishes fines based on those classifications).
In subsection (b), the word "organization" is substituted for "corporation" to reflect the probable intent that the penalty should apply to other organizations in addition to corporations. The words "convicted of committing an act prohibited by this subtitle" are substituted for "found guilty of any act or acts declared in this chapter to be unlawful" for clarity and consistency. The words "shall be fined under title 18" are substituted for "shall be punished by a fine of not more than $25,000" for consistency with subsection (a).
In subsection (c), the words "An individual or organization convicted of violating a section referred to in subsection (a)" are substituted for "any person or corporation convicted of a misdemeanor under the provisions of this chapter" for consistency in the section. Reference to the Federal Maritime Commission is omitted because the Commission does not administer any of the provisions referred to.
Subtitle VI—Clearance, Tonnage Taxes, and Duties
Editorial Notes
Prior Provisions
A prior subtitle VI, consisting of chapter 701, was redesignated subtitle VII of this title by Pub. L. 109–241, title IX, §901(k)(1), July 11, 2006, 120 Stat. 564. An identical amendment was made by Pub. L. 109–304, §9(a), Oct. 6, 2006, 120 Stat. 1674, prior to its repeal by Pub. L. 110–181, div. C, title XXXV, §3529(c)(1), Jan. 28, 2008, 122 Stat. 603.
CHAPTER 601—ARRIVAL AND DEPARTURE REQUIREMENTS
About This Section
46 U.S.C. § 58109 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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