PRIA, Government Policy, Made Personal

Summary

Allows the government to take and keep any electronic or radio device, or its parts, if it was made, sold, carried, or used on purpose and knowing it would break section 301 or 302a of this title or the rules the Commission makes under those sections. The Attorney General can seize such property using court papers under the special admiralty rules from any district court that has power over the item. A seizure can also happen without those papers if it happens during a lawful arrest or search. Rules used for customs seizures and forfeitures apply when they fit, but the loss is limited to the device or its parts. After forfeiture, the Attorney General may send the item to the Commission or sell it if it is not dangerous. Money from any sale must go into the United States Treasury general fund.

Title 47, §510

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(a)Violation with willful and knowing intent

Any electronic, electromagnetic, radio frequency, or similar device, or component thereof, used, sent, carried, manufactured, assembled, possessed, offered for sale, sold, or advertised with willful and knowing intent to violate section 301 or 302a of this title, or rules prescribed by the Commission under such sections, may be seized and forfeited to the United States.

(b)Seizure

Any property subject to forfeiture to the United States under this section may be seized by the Attorney General of the United States upon process issued pursuant to the supplemental rules for certain admiralty and maritime claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made if the seizure is incident to a lawful arrest or search.

(c)Laws applicable to seizure and forfeiture

All provisions of law relating to—

(1)the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws;

(2)the disposition of such property or the proceeds from the sale thereof;

(3)the remission or mitigation of such forfeitures; and

(4)the compromise of claims with respect to such forfeitures;

shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section, except that such seizures and forfeitures shall be limited to the communications device, devices, or components thereof.

(d)Disposition of forfeited property

Whenever property is forfeited under this section, the Attorney General of the United States may forward it to the Commission or sell any forfeited property which is not harmful to the public. The proceeds from any such sale shall be deposited in the general fund of the Treasury of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The supplemental rules for certain admiralty and maritime claims, referred to in subsec. (b), were renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions and are set out as part of the Federal Rules of Civil Procedure in the Appendix to Title 28, Judiciary and Judicial Procedure.

Prior Provisions

A prior section 510, act

June 19, 1934, ch. 652, title V, § 510, as added

May 11, 1962, Pub. L. 87–448, § 1, 76 Stat. 68, related to forfeitures for violations of

Rules and Regulations

by radio stations operating in common carrier, safety and special radio fields, prior to repeal effective the thirtieth day after Feb. 21, 1978, by Pub. L. 95–234, §§ 4, 7, Feb. 21, 1978, 92 Stat. 35.

§510 Forfeiture of Communications Devices