§2237 Criminal Sanctions for Failure to Heave To, Obstruction of Boarding, or Providing False Information

Summary

It is illegal for the captain, operator, or anyone on a U.S. vessel or a vessel under U.S. control to knowingly refuse a federal officer’s order to "heave to" (slow, stop, or change course to allow boarding). It is also illegal to violently resist or interfere with a lawful boarding or arrest, or to give materially false information during a boarding about the vessel’s destination, origin, ownership, registration, nationality, cargo, or crew. Breaking these rules can lead to fines and up to 5 years in prison. If the act causes death or involves an attempt to kill, kidnapping, or the serious sexual offense listed in section 2241, the punishment can be any term of years or life. If serious bodily injury results, the jail time can be up to 15 years. If the crime includes knowingly transporting people in inhumane conditions during certain immigration or trafficking crimes, the punishment can also be up to 15 years. Customs or other federal officers still have their normal power to order a vessel to stop. A foreign country can agree by radio, phone, or similar means to let the United States enforce this. Definitions used here: “Federal law enforcement officer” is defined elsewhere in the law; “heave to” means slow, stop, or adjust course/speed to allow boarding; “vessel of the United States” and “vessel subject to the jurisdiction of the United States” are defined in Title 46; “transportation under inhumane conditions” means moving people in confined spaces, at excessive speed, over capacity, or by intentionally grounding the vessel.