18 U.S.C. § 229A — Penalties

Page 88 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 229 Statutory Notes and Related Subsidiaries SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–187, § 1, June 24, 1998, 112 Stat. 618, pro- vided that: ‘‘This Act [amending this section] may be cited as the ‘Deadbeat Parents Punishment Act of 1998’.’’ SHORT TITLE Pub. L. 102–521, § 1, Oct. 25, 1992, 106 Stat. 3403, pro- vided that: ‘‘This Act [enacting this section and sec- tions 3796cc to 3796cc–6 of Title 42, The Public Health and Welfare, amending section 3563 of this title and sec- tion 3797 of Title 42, and enacting provisions set out as a note under section 12301 of Title 42] may be cited as the ‘Child Support Recovery Act of 1992’.’’ CHAPTER 11B—CHEMICAL WEAPONS Sec. 229. Prohibited activities. 229A. Penalties. 229B. Criminal forfeitures; destruction of weapons. 229C. Individual self-defense devices. 229D. Injunctions. 229E. Requests for military assistance to enforce prohibition in certain emergencies. 229F. Definitions. § 229. Prohibited activities (a) UNLAWFUL CONDUCT.—Except as provided in subsection (b), it shall be unlawful for any per- son knowingly— (1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stock- pile, retain, own, possess, or use, or threaten to use, any chemical weapon; or (2) to assist or induce, in any way, any per- son to violate paragraph (1), or to attempt or conspire to violate paragraph (1). (b) EXEMPTED AGENCIES AND PERSONS.— (1) IN GENERAL.—Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon. (2) EXEMPTED PERSONS.—A person referred to in paragraph (1) is— (A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate offi- cer of the United States to retain, own, pos- sess, transfer, or receive the chemical weap- on; or (B) in an emergency situation, any other- wise nonculpable person if the person is at- tempting to destroy or seize the weapon. (c) JURISDICTION.—Conduct prohibited by sub- section (a) is within the jurisdiction of the United States if the prohibited conduct— (1) takes place in the United States; (2) takes place outside of the United States and is committed by a national of the United States; (3) is committed against a national of the United States while the national is outside the United States; or (4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or out- side the United States. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–866.) Statutory Notes and Related Subsidiaries REVOCATIONS OF EXPORT PRIVILEGES Pub. L. 105–277, div. I, title II, § 211, Oct. 21, 1998, 112 Stat. 2681–872, provided that: ‘‘If the President deter- mines, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that any person within the United States, or any national of the United States located outside the United States, has committed any violation of section 229 of title 18, United States Code, the President may issue an order for the suspension or revocation of the authority of the person to export from the United States any goods or technology (as such terms are de- fined in [former] section 16 of the Export Administra- tion Act of 1979 (50 U.S.C. App. 2415)) [former 50 U.S.C. 4618].’’ [For authority of Secretary of Commerce to suspend or revoke export privileges pursuant to section 211 of Pub. L. 105–277, set out above, see section 4 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of Title 22, Foreign Relations and Intercourse.] Executive Documents AUTHORITY TO ISSUE REGULATIONS For authority to issue regulations under this chapter, see section 3 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of Title 22, Foreign Relations and Intercourse. § 229A. Penalties (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 vio- lates section 229 of this title and by whose ac- tion 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 sub- section does not preclude any other criminal or civil statutory, common law, or administra- tive 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, trans- portation, 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 re- imburse the United States for expenses under this subsection shall be jointly and severally lia- Page 89 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 229E 1 So in original. 1 See References in Text note below. ble for such expenses with each other person, if any, who is ordered under this subsection to re- imburse the United States for the same ex- penses. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–867.) § 229B. Criminal forfeitures; destruction of weap- ons (a) PROPERTY SUBJECT TO CRIMINAL FOR- FEITURE.—Any person convicted under section 229A(a) shall forfeit to the United States irre- spective of any provision of State law— (1) any property, real or personal, owned, possessed, or used by a person involved in the offense; (2) any property constituting, or derived from, and proceeds the person obtained, di- rectly or indirectly, as the result of such vio- lation; and (3) any of the property used in any manner or part, to commit, or to facilitate the com- mission of, such violation. The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 229A(a), that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by section 229A(a), a de- fendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. (b) PROCEDURES.— (1) GENERAL.—Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be gov- erned by subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 (21 U.S.C. 853), ex- cept that any reference under those sub- sections to— (A) ‘‘this subchapter or subchapter II’’ shall be deemed to be a reference to section 229A(a); and (B) ‘‘subsection (a)’’ shall be deemed to be a reference to subsection (a) of this section. (2) TEMPORARY RESTRAINING ORDERS.— (A) IN GENERAL.—For the purposes of for- feiture proceedings under this section, a temporary restraining order may be entered upon application of the United States with- out notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States dem- onstrates that there is probable cause to be- lieve that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the life or health of any person in danger. (B) WARRANT OF SEIZURE.—If the court en- ters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property. (C) APPLICABLE PROCEDURES.—The proce- dures and time limits applicable to tem- porary restraining orders under section 413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall apply to tem- porary restraining orders under this para- graph. (c) AFFIRMATIVE DEFENSE.—It is an affirma- tive defense against a forfeiture under sub- section (b) that the property— (1) is for a purpose not prohibited under the Chemical Weapons Convention; and (2) is of a type and quantity that under the circumstances is consistent with that purpose. (d) DESTRUCTION OR OTHER DISPOSITION.—The Attorney General shall provide for the destruc- tion or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this section. (e) ASSISTANCE.—The Attorney General may request the head of any agency of the United States to assist in the handling, storage, trans- portation, or destruction of property seized under this section. (f) OWNER LIABILITY.—The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposi- tion of the seized property. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–868.) § 229C. Individual self-defense devices Nothing in this chapter shall be construed to prohibit any individual self-defense device, in- cluding those using a pepper spray or chemical mace. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–869.) § 229D. Injunctions The United States may obtain in a civil action an injunction against— (1) the conduct prohibited under section 229 or 229C of this title; or (2) the preparation or solicitation to engage in conduct prohibited under section 229 or 229D 1 of this title. (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–869.) § 229E. Requests for military assistance to en- force prohibition in certain emergencies The Attorney General may request the Sec- retary of Defense to provide assistance under section 382 of title 10 1 in support of Department of Justice activities relating to the enforcement of section 229 of this title in an emergency situa- tion involving a chemical weapon. The author- ity to make such a request may be exercised by