18 U.S.C. § 555 — Border tunnels and passages

Page 142 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 554 Pub. L. 103–272, § 5(e)(5), July 5, 1994, 108 Stat. 1374.) Editorial Notes AMENDMENTS 1994—Subsec. (c)(1). Pub. L. 103–272, § 5(e)(5)(A), sub- stituted ‘‘section 32101 of title 49’’ for ‘‘section 2 of the Motor Vehicle Information and Cost Savings Act’’. Subsec. (c)(4). Pub. L. 103–272, § 5(e)(5)(B), substituted ‘‘section 40102(a) of title 49’’ for ‘‘section 101 of the Fed- eral Aviation Act of 1958 (49 U.S.C. App. 1301)’’. 1992—Subsec. (a). Pub. L. 102–519 substituted ‘‘fined under this title or imprisoned not more than 10 years’’ for ‘‘fined not more than $15,000 or imprisoned not more than five years’’ in concluding provisions. 1988—Subsec. (b)(2). Pub. L. 100–690 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘is not a violation of section 511 of this title.’’ § 554. Smuggling goods from the United States (a) IN GENERAL.—Whoever fraudulently or knowingly exports or sends from the United States, or attempts to export or send from the United States, any merchandise, article, or ob- ject contrary to any law or regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise, arti- cle or object, prior to exportation, knowing the same to be intended for exportation contrary to any law or regulation of the United States, shall be fined under this title, imprisoned not more than 10 years, or both. (b) DEFINITION.—In this section, the term ‘‘United States’’ has the meaning given that term in section 545. (Added Pub. L. 109–177, title III, § 311(a), Mar. 9, 2006, 120 Stat. 242.) Editorial Notes CODIFICATION Another section 554 was renumbered section 555 of this title. § 555. Border tunnels and passages (a) Any person who knowingly constructs or finances the construction of a tunnel or sub- terranean passage that crosses the international border between the United States and another country, other than a lawfully authorized tunnel or passage known to the Secretary of Homeland Security and subject to inspection by Immigra- tion and Customs Enforcement, shall be fined under this title and imprisoned for not more than 20 years. (b) Any person who knows or recklessly dis- regards the construction or use of a tunnel or passage described in subsection (a) on land that the person owns or controls shall be fined under this title and imprisoned for not more than 10 years. (c) Any person who uses a tunnel or passage described in subsection (a) to unlawfully smug- gle an alien, goods (in violation of section 545), controlled substances, weapons of mass destruc- tion (including biological weapons), or a mem- ber of a terrorist organization (as defined in sec- tion 2339B(g)(6)) shall be subject to a maximum term of imprisonment that is twice the max- imum term of imprisonment that would have otherwise been applicable had the unlawful ac- tivity not made use of such a tunnel or passage. (d) Any person who attempts or conspires to commit any offense under subsection (a) or sub- section (c) of this section shall be subject to the same penalties as those prescribed for the of- fense, the commission of which was the object of the attempt or conspiracy. (Added Pub. L. 109–295, title V, § 551(a), Oct. 4, 2006, 120 Stat. 1389, § 554; renumbered § 555, Pub. L. 110–161, div. E, title V, § 553(a)(1), Dec. 26, 2007, 121 Stat. 2082; amended Pub. L. 112–127, § 3, June 5, 2012, 126 Stat. 371.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–127 added subsec. (d). 2007—Pub. L. 110–161 renumbered section 554, relating to border tunnels and passages, as this section. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 112–127, § 2, June 5, 2012, 126 Stat. 370, provided that: ‘‘Congress finds the following: ‘‘(1) Trafficking and smuggling organizations are intensifying their efforts to enter the United States through tunnels and other subterranean passages be- tween Mexico and the United States. ‘‘(2) Border tunnels are most often used to trans- port narcotics from Mexico to the United States, but can also be used to transport people and other contra- band. ‘‘(3) From Fiscal Year 1990 to Fiscal Year 2011, law enforcement authorities discovered 149 cross-border tunnels along the border between Mexico and the United States, 139 of which have been discovered since Fiscal Year 2001. There has been a dramatic in- crease in the number of cross-border tunnels discov- ered in Arizona and California since Fiscal Year 2006, with 40 tunnels discovered in California and 74 tun- nels discovered in Arizona. ‘‘(4) Section 551 of the Department of Homeland Se- curity Appropriations Act, 2007 (Public Law 109–295) added a new section to title 18, United States Code (18 U.S.C. 555), which— ‘‘(A) criminalizes the construction or financing of an unauthorized tunnel or subterranean passage across an international border into the United States; and ‘‘(B) prohibits any person from recklessly permit- ting others to construct or use an unauthorized tunnel or subterranean passage on the person’s land. ‘‘(5) Any person convicted of using a tunnel or sub- terranean passage to smuggle aliens, weapons, drugs, terrorists, or illegal goods is subject to an enhanced sentence for the underlying offense. Additional sen- tence enhancements would further deter tunnel ac- tivities and increase prosecutorial options.’’ CHAPTER 29—ELECTIONS AND POLITICAL ACTIVITIES Sec. [591. Repealed.] 592. Troops at polls. 593. Interference by armed forces. 594. Intimidation of voters. 595. Interference by administrative employees of Federal, State, or Territorial Governments. 596. Polling armed forces. 597. Expenditures to influence voting. 598. Coercion by means of relief appropriations. 599. Promise of appointment by candidate. 600. Promise of employment or other benefit for political activity.