PRIA, Government Policy, Made Personal

Summary

When a seaman commits certain offenses while lawfully working, they face specific punishments. If a seaman deserts, they lose any money or things left on board and any wages they already earned. If they fail to join the ship, refuse to sail without a good reason, are absent within 24 hours of sailing, or leave duties without cause, they lose up to 2 days’ pay or enough to hire a replacement. If they quit after arrival before the ship is secured, they lose up to one month’s pay. For willful disobedience at sea the master may confine them until it ends; on arrival they lose up to 4 days’ pay or a court may jail them up to one month. For continued disobedience or neglect the master may confine them on the ship, give 1,000 calories (with full rations every 5th day) until it ends; on arrival they lose up to 12 days’ pay for each 24 hours of misconduct or a court may jail them up to 3 months. Assaulting key officers can lead to up to 2 years in prison. Willfully damaging the ship, cargo, or stores, or embezzling, requires repayment for the loss and may bring up to 12 months’ imprisonment. Convicted smuggling that causes loss makes the seaman liable to the owner or master (wages may be held to pay it) and may bring up to 12 months’ imprisonment.

Title 46, §11501

Shipping, Source: USLM XML via OLRC

When a seaman lawfully engaged commits any of the following offenses, the seaman shall be punished as specified:

(1)For desertion, the seaman forfeits any part of the money or property the seaman leaves on board and any part of earned wages.

(2)For neglecting or refusing without reasonable cause to join the seaman’s vessel or to proceed to sea in the vessel, for absence without leave within 24 hours of the vessel’s sailing from a port (at the beginning or during the voyage), or for absence without leave from duties and without sufficient reason, the seaman forfeits from the seaman’s wages not more than 2 days’ pay or a sufficient amount to defray expenses incurred in hiring a substitute.

(3)For quitting the vessel without leave after the vessel’s arrival at the port of delivery and before the vessel is placed in security, the seaman forfeits from the seaman’s wages not more than one month’s pay.

(4)For willful disobedience to a lawful command at sea, the seaman, at the discretion of the master, may be confined until the disobedience ends, and on arrival in port forfeits from the seaman’s wages not more than 4 days’ pay or, at the discretion of the court, may be imprisoned for not more than one month.

(5)For continued willful disobedience to lawful command or continued willful neglect of duty at sea, the seaman, at the discretion of the master, may be confined, on water and 1,000 calories, with full rations every 5th day, until the disobedience ends, and on arrival in port forfeits, for each 24 hours’ continuance of the disobedience or neglect, not more than 12 days’ pay or, at the discretion of the court, may be imprisoned for not more than 3 months.

(6)For assaulting a master, mate, pilot, engineer, or staff officer, the seaman shall be imprisoned for not more than 2 years.

(7)For willfully damaging the vessel, or embezzling or willfully damaging any of the stores or cargo, the seaman forfeits from the seaman’s wages the amount of the loss sustained and, at the discretion of the court, may be imprisoned for not more than 12 months.

(8)For smuggling for which a seaman is convicted causing loss or damage to the owner or master, the seaman is liable to the owner or master for the loss or damage, and any part of the seaman’s wages may be retained to satisfy the liability. The seaman also may be imprisoned for not more than 12 months.

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1150146:701 section 11501 provides penalties for specific offenses committed by seamen.

§11501 Penalties for Specified Offenses

Summary

Title 46, §11501

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata