§1481 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Intentionally breaking this chapter or its rules, refusing a legal order under it, or blocking someone who is following such an order is a class A misdemeanor. A person can defend against charges by proving they did everything they could to comply and reasonably believed obeying would create a serious risk to human life.

Title 33, §1481

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)A person commits a class A misdemeanor if that person—

(1)willfully violates a provision of this chapter or a regulation issued thereunder; or

(2)willfully refuses or fails to comply with any lawful order or direction given pursuant to this chapter; or

(3)willfully obstructs any person who is acting in compliance with an order or direction under this chapter.

(b)In a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this section it shall be a defense for the accused to prove that he used all due diligence to comply with any order or direction that he had reasonable cause to believe that compliance would have resulted in serious risk to human life.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (a). Pub. L. 101–380 substituted “A person commits a class A misdemeanor if that person” for “Any person who” in introductory provisions and struck out “, shall be fined not more than $10,000 or imprisoned not more than one year, or both” after “under this chapter” in par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an

Effective Date

note under section 2701 of this title.

§1481 Violations; Penalties

Summary

Title 33, §1481

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata