18 U.S.C. § 2279 — Boarding vessels before arrival

Page 559 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2280 § 2278. Explosives on vessels carrying steerage passengers Whoever, being the master of a steamship or other vessel referred to in section 151 of Title 46, except as otherwise expressly provided by law, takes, carries, or has on board of any such vessel any nitroglycerin, dynamite, or any other explo- sive article or compound, or any vitriol or like acids, or gunpowder, except for the ship’s use, or any article or number of articles, whether as a cargo or ballast, which, by reason of the nature or quantity or mode of storage thereof, shall, ei- ther singly or collectively, be likely to endanger the health or lives of the passengers or the safe- ty of the vessel, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 171 of title 46, U.S.C., 1940 ed., Ship- ping (Aug. 2, 1882, ch. 374, § 8, 22 Stat. 189). Words ‘‘except as otherwise expressly provided by law’’ were inserted to remove obvious inconsistency be- tween sections 831–835 of this title, section 170 of title 46, U.S.C., 1940 ed., Shipping, and this section. Words ‘‘shall be deemed guilty of a misdemeanor and’’ were omitted because designation of the offense as a misdemeanor is unnecessary in view of definitive section 1 of this title. Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 151 of Title 46, referred to in text, which was based on section 1 of act Aug. 2, 1882, ch. 374, 22 Stat. 186, was repealed by Pub. L. 98–89, Aug. 26, 1983, § 4(b), 97 Stat. 599. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2279. Boarding vessels before arrival Whoever, not being in the United States serv- ice, and not being duly authorized by law for the purpose, goes on board any vessel about to ar- rive at the place of her destination, before her actual arrival, and before she has been com- pletely moored, shall be fined under this title or imprisoned not more than six months, or both. The master of such vessel may take any such person into custody, and deliver him up forth- with to any law enforcement officer, to be by him taken before any committing magistrate, to be dealt with according to law. (June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 103–322, title XXXIII, § 330016(1)(D), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on section 708 of title 46, U.S.C., 1940 ed., Ship- ping (R.S. § 4606). ‘‘Law enforcement officer’’ was substituted for ‘‘con- stable or police officer’’ and ‘‘committing magistrate’’ for ‘‘justice of the peace.’’ The phraseology used in the statute was archaic. It originated when the government had few law enforcement officers and magistrates of its own. References to specific sections were made to read: ‘‘according to law’’ to achieve brevity. Mandatory punishment provision was rephrased in the alternative. The words ‘‘without permission of the master’’ were deleted to remove an inconsistency with the provisions of section 163 of title 46, U.S.C., 1940 ed., and customs regulations. Customs regulations, 1943, section 4.1c, prohibit any person ‘‘with or without consent of the master’’ from boarding vessel, with specific enumer- ated exceptions. Said section 163 prescribes a ‘‘penalty of not more than $100 or imprisonment not to exceed six months, or both’’ for violating regulations. The re- vised section increases the fine from $100 to $200 for boarding the vessel ‘‘with the consent of the master.’’ Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $200’’ in first par. § 2280. Violence against maritime navigation (a) OFFENSES.— (1) IN GENERAL.—A person who unlawfully and intentionally— (A) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; (B) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; (C) destroys a ship or causes damage to a ship or to its cargo which is likely to endan- ger the safe navigation of that ship; (D) places or causes to be placed on a ship, by any means whatsoever, a device or sub- stance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; (E) destroys or seriously damages mari- time navigational facilities or seriously interferes with their operation, if such act is likely to endanger the safe navigation of a ship; (F) communicates information, knowing the information to be false and under cir- cumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a ship; (G) injures or kills any person in connec- tion with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (F); or (H) attempts or conspires to do any act prohibited under subparagraphs (A) through (G), shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this paragraph, shall be punished by death or imprisoned for any term of years or for life. (2) THREAT TO NAVIGATION.—A person who threatens to do any act prohibited under para- graph (1)(B), (C) or (E), with apparent deter- mination and will to carry the threat into exe- cution, if the threatened act is likely to en- danger the safe navigation of the ship in ques- tion, shall be fined under this title, imprisoned not more than 5 years, or both.