16 U.S.C. § 1338: Criminal provisions

Summary

Makes it a crime to willfully take a wild free-roaming horse or burro from public land without the Secretary's permission; to turn one into private use without permission; to intentionally kill or harass one; to make its remains into commercial products except as allowed under section 1333(e); to sell a wild horse or burro kept on private or leased land under section 1334 or its remains; or to willfully break a rule made under this law. A person found guilty can be fined up to $2,000, jailed for up to one year, or both. An employee chosen by the Secretary of the Interior or the Secretary of Agriculture can arrest without a warrant someone they see committing these offenses and take them for examination or trial. Those employees can also carry out warrants and other court orders. A federal judge or magistrate judge can issue such warrants if a sworn statement shows probable cause.

Title 16, §1338

Conservation, Source: USLM XML via OLRC

(a)Violations; penalties; trial

Any person who—

(1)willfully removes or attempts to remove a wild free-roaming horse or burro from the public lands, without authority from the Secretary, or

(2)converts a wild free-roaming horse or burro to private use, without authority from the Secretary, or

(3)maliciously causes the death or harassment of any wild free-roaming horse or burro, or

(4)except as provided in section 1333(e) of this title, processes or permits to be processed into commercial products the remains of a wild free-roaming horse or burro, or

(5)sells, directly or indirectly, a wild free-roaming horse or burro maintained on private or leased land pursuant to section 1334 of this title, or the remains thereof, or

(6)willfully violates a regulation issued pursuant to this chapter,

shall be subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both. Any person so charged with such violation by the Secretary may be tried and sentenced by any United States commissioner or magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401 of title 18.

(b)Arrest; appearance for examination or trial; warrants: issuance and execution

Any employee designated by the Secretary of the Interior or the Secretary of Agriculture shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this chapter or any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this chapter or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States magistrate judge may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants, in all such cases.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (a)(4). Pub. L. 108–447 inserted “except as provided in section 1333(e) of this title,” before “processes or permits”.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” and “magistrate judge” substituted for “United States magistrate” and “magistrate”, respectively, in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§1338 Criminal Provisions