§5109 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Breaking section 5104(e)(1) or trying to do so can lead to a fine under Title 18, up to 5 years in prison, or both. Breaking section 5103 or any of 5104(b), (c), (d), (e)(2), or (f), or trying to do so, can lead to a fine under Title 18, up to 6 months in prison, or both. The Attorney General must bring these cases in the name of the United States, and that includes attempts or conspiracies. If the same act also breaks other federal or D.C. laws, those charges can be joined together. Cases for 5104(e)(1) or conduct that is a felony under federal or D.C. law go to the U.S. District Court for D.C.; other cases go to the Superior Court of D.C. If a person is convicted under more than one law, the court may impose the highest penalty allowed by any of those laws.

Title 40, §5109

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)An individual or group violating section 5104(e)(1) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than five years, or both.

(b)A person violating section 5103 or 5104(b), (c), (d), (e)(2), or (f) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than six months, or both.

(c)(1)An action for a violation of this chapter or section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), including an attempt or a conspiracy to commit a violation, shall be brought by the Attorney General in the name of the United States. This chapter and section 9, 9A, 9B, 9C and 14 do not supersede any provision of federal law or the laws of the District of Columbia. Where the conduct violating this chapter or section 9, 9A, 9B, 9C or 14 also violates federal law or the laws of the District of Columbia, both violations may be joined in a single action.

(2)An action under this section for a violation of—

(A)section 5104(e)(1) of this title or for conduct that constitutes a felony under federal law or the laws of the District of Columbia shall be brought in the United States District Court for the District of Columbia; and

(B)any other section referred to in subsection (a) may be brought in the Superior Court of the District of Columbia.

(3)The penalty which may be imposed on a person convicted in an action under this subsection is the highest penalty authorized by any of the laws the defendant is convicted of violating.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 510940:193h.July 31, 1946, ch. 707, § 8, 60 Stat. 719; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, § 1(c), Oct. 20, 1967, 81 Stat. 277. In subsection (a), the words “fined under title 18” are substituted for “a felony punishable by a fine not exceeding $5,000” for consistency with chapter 227 of title 18. In subsection (b), the words “fined under title 18” are substituted for “a misdemeanor punishable by a fine not exceeding $500” for consistency with chapter 227 of title 18. In subsection (c)(1), the words “An action . . . shall be brought” are substituted for [“]shall be prosecuted” for consistency with other titles of the United States Code. The words “the Attorney General” are substituted for “the United States attorney or his assistants” because of 28:509. In subsection (c)(2)(B), the words “Superior Court of the District of Columbia” are substituted for “Municipal Court for the District of Columbia” [subsequently changed to “District of Columbia Court of General Sessions” because of section 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570). In subsection (c)(3), the words “of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia” are omitted as unnecessary.

Editorial Notes

References in Text

section 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (c)(1), are classified to section 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.

§5109 Penalties