46 U.S.C. § 70503 — Prohibited acts

Page 597 TITLE 46—SHIPPING § 70504 Subsec. (d)(2). Pub. L. 110–181, § 3525(a)(6), incor- porated the substance of the amendment by Pub. L. 109–241, § 303, into this section by amending heading and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘A claim of registry under paragraph (1)(A) or (C) may be verified or denied by radio, tele- phone, or similar oral or electronic means. The denial of such a claim is proved conclusively by certification of the Secretary of State or the Secretary’s designee.’’ See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title. Subsec. (f). Pub. L. 110–407 added subsec. (f). 2006—Pub. L. 109–241, § 303, which directed the amend- ment of section 1903(c)(2) of the former Appendix to this title from which subsec. (d) of this section was derived, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for subsec. (d)(2) and Historical and Revision notes above. § 70503. Prohibited acts (a) PROHIBITIONS.—While on board a covered vessel, an individual may not knowingly or in- tentionally— (1) manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance; (2) destroy (including jettisoning any item or scuttling, burning, or hastily cleaning a vessel), or attempt or conspire to destroy, property that is subject to forfeiture under section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)); or (3) conceal, or attempt or conspire to con- ceal, more than $100,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of lug- gage, merchandise, or other container, or com- partment of or aboard the covered vessel if that vessel is outfitted for smuggling. (b) EXTENSION BEYOND TERRITORIAL JURISDIC- TION.—Subsection (a) applies even though the act is committed outside the territorial jurisdic- tion of the United States. (c) NONAPPLICATION.— (1) IN GENERAL.—Subject to paragraph (2), subsection (a) does not apply to— (A) a common or contract carrier or an employee of the carrier who possesses or dis- tributes a controlled substance in the lawful and usual course of the carrier’s business; or (B) a public vessel of the United States or an individual on board the vessel who pos- sesses or distributes a controlled substance in the lawful course of the individual’s du- ties. (2) ENTERED IN MANIFEST.—Paragraph (1) ap- plies only if the controlled substance is part of the cargo entered in the vessel’s manifest and is intended to be imported lawfully into the country of destination for scientific, medical, or other lawful purposes. (d) BURDEN OF PROOF.—The United States Gov- ernment is not required to negative a defense provided by subsection (c) in a complaint, infor- mation, indictment, or other pleading or in a trial or other proceeding. The burden of going forward with the evidence supporting the de- fense is on the person claiming its benefit. (e) COVERED VESSEL DEFINED.—In this section the term ‘‘covered vessel’’ means— (1) a vessel of the United States or a vessel subject to the jurisdiction of the United States; or (2) any other vessel if the individual is a cit- izen of the United States or a resident alien of the United States. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1687; Pub. L. 114–120, title III, § 314(a), (b), (e)(1), Feb. 8, 2016, 130 Stat. 59.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70503(a) ...... 46 App.:1903(a). Pub. L. 96–350, § 3(a), (e), (h), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–95, 3207–96, 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3552, 3554; Pub. L. 100–690, title VII, § 7402(a), Nov. 18, 1988, 102 Stat. 4483. 70503(b) ...... 46 App.:1903(h). 70503(c) ...... 46 App.:1903(e) (1st sentence). 70503(d) ...... 46 App.:1903(e) (last sentence). In subsection (a), before paragraph (1), the words ‘‘may not’’ are substituted for ‘‘It is unlawful for’’ for consistency in the revised title and to eliminate unnec- essary words. In subsection (b), the words ‘‘applies to’’ are sub- stituted for ‘‘is intended to reach’’ for clarity and to eliminate unnecessary words. Editorial Notes AMENDMENTS 2016—Pub. L. 114–120, § 314(e)(1), substituted ‘‘Prohib- ited acts’’ for ‘‘Manufacture, distribution, or possession of controlled substances on vessels’’ in section catch- line. Subsec. (a). Pub. L. 114–120, § 314(a), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘An individual may not knowingly or intentionally manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance on board— ‘‘(1) a vessel of the United States or a vessel subject to the jurisdiction of the United States; or ‘‘(2) any vessel if the individual is a citizen of the United States or a resident alien of the United States.’’ Subsec. (e). Pub. L. 114–120, § 314(b), added subsec. (e). § 70504. Jurisdiction and venue (a) JURISDICTION.—Jurisdiction of the United States with respect to a vessel subject to this chapter is not an element of an offense. Juris- dictional issues arising under this chapter are preliminary questions of law to be determined solely by the trial judge. (b) VENUE.—A person violating section 70503 or 70508— (1) shall be tried in the district in which such offense was committed; or (2) if the offense was begun or committed upon the high seas, or elsewhere outside the jurisdiction of any particular State or district, may be tried in any district. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, § 202(b)(2), Oct. 13, 2008, 122 Stat. 4300; Pub. L. 115–91, div. A, title X, § 1012(a), Dec. 12, 2017, 131 Stat. 1546.)