18 U.S.C. § 2344: Penalties

Summary

Knowingly breaking section 2342(a) can get a person a federal fine, up to five years in jail, or both. Knowingly breaking rules made under sections 2343(a) or 2346, or breaking section 2342(b), can get a person a federal fine, up to three years in jail, or both. Any contraband cigarettes or contraband smokeless tobacco used in these crimes can be seized and taken through civil forfeiture (chapter 46 of Title 18). Seized items must be destroyed and never resold, or may be used in undercover work to catch criminals and then destroyed and not resold.

Title 18, §2344

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Whoever knowingly violates section 2342(a) of this title shall be fined under this title or imprisoned not more than five years, or both.

(b)Whoever knowingly violates any rule or regulation promulgated under section 2343(a) or 2346 of this title or violates section 2342(b) of this title shall be fined under this title or imprisoned not more than three years, or both.

(c)Any contraband cigarettes or contraband smokeless tobacco involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and forfeited shall be either—

(1)destroyed and not resold; or

(2)used for undercover investigative operations for the detection and prosecution of crimes, and then destroyed and not resold.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (c). Pub. L. 109–177 inserted “or contraband smokeless tobacco” after “contraband cigarettes”, substituted “seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and forfeited shall be either—” for “seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of such Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.”, and added pars. (1) and (2). 1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(S), substituted “fined under this title” for “fined not more than $100,000”. Subsec. (b). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”. 1986—Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

§2344 Penalties

Summary

Title 18, §2344

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata