§1865 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Breaking certain park rules can lead to jail, fines, or both. If someone breaks rules made under 54 U.S.C. 100751(a), they can be jailed for up to 6 months, fined under federal law, or both, and must pay the court costs. A Department of the Interior worker who is covered by 54 U.S.C. 100737 and knowingly breaks that law or its rules can be jailed for up to 1 year, fined, or both. Anyone who willfully damages or removes a monument, marker, structure, tree, shrub, or plant in a national military park can be jailed 15 days to 1 year and fined at least $10 for each item damaged, or both. People who trespass to hunt, hunt with a gun or dog, or set traps in a national military park can be jailed 5 to 30 days, fined, or both.

Title 18, §1865

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)A person that violates any regulation authorized by section 100751(a) of title 54 shall be imprisoned not more than 6 months, fined under this title, or both, and be adjudged to pay all cost of the proceedings.

(b)An officer or employee of the Department of the Interior who is subject to, and knowingly violates, section 100737 of title 54 or any regulation prescribed under that section shall be imprisoned not more than one year, fined under this title, or both.

(c)A person that willfully destroys, mutilates, defaces, injures, or removes any monument, statue, marker, guidepost, or other structure, or that willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within a national military park shall be imprisoned not less than 15 days nor more than one year, fined under this title but not less than $10 for each monument, statue, marker, guidepost, or other structure, tree, shrub, or plant that is destroyed, defaced, injured, cut, or removed, or both.

(d)An individual who trespasses in a national military park to hunt or shoot, or hunts game of any kind in a national military park with a gun or dog, or sets a trap or net or other device in a national military park to hunt or catch game of any kind, shall be imprisoned not less than 5 nor more than 30 days, fined under this title, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1865(a)16 U.S.C. 3 (1st sentence words after “National Park Service”) Aug. 25, 1916, ch. 408, § 3 (1st sentence words after “National Park Service”), 39 Stat. 535; June 2, 1920, ch. 218, § 5 (last sentence words after “for other purposes’ ” and before proviso), 41 Stat. 732. 1865(b)16 U.S.C. 1912(d)Pub. L. 94–429, § 13(d), Sept. 28, 1976, 90 Stat. 1345. 1865(c)16 U.S.C. 413Mar. 3, 1897, ch. 372, §§ 1, 2, 5, 29 Stat. 621, 622. 1865(d)16 U.S.C. 414. In subsection (a), the words “fined under this title” are substituted for “punished by a fine of not more than $500” for consistency with chapter 227. In subsection (b), the words “fined under this title” are substituted for “fined not more than $2,500” for consistency with chapter 227. In subsection (c), the words “fined under this title but not less than $10” are substituted for “deemed guilty of a misdemeanor, punishable by a fine of not less than $10 nor more than $1,000” for consistency with chapter 227. In subsection (d), the words “fined under this title” are substituted for “guilty of a misdemeanor, punishable by a fine of not more than $1,000” for consistency with chapter 227.

§1865 National Park Service

Summary

Title 18, §1865

Notes & Related Subsidiaries

Historical and Revision Notes

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