2018 US Code
Title 49 - Transportation
Subtitle III - General and Intermodal Programs
Chapter 51 - Transportation of Hazardous Material
Sec. 5124 - Criminal penalty
| 49 U.S.C. § 5124 (2018) | ||||||
| §5124. Criminal penalty | ||||||
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(a) In General.—A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person. (b) Knowing Violations.—For purposes of this section— (1) a person acts knowingly when— (A) the person has actual knowledge of the facts giving rise to the violation; or (B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and (2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section. (c) Willful Violations.—For purposes of this section, a person acts willfully when— (1) the person has knowledge of the facts giving rise to the violation; and (2) the person has knowledge that the conduct was unlawful. (d) Reckless Violations.—For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person's conduct. |
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(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 781; Pub. L. 109–59, title VII, §7121, Aug. 10, 2005, 119 Stat. 1906.) |
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2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both." |
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| United States Code, 2018 Edition, Title 49 - TRANSPORTATION | ||||||
| Bills and Statutes | ||||||
| United States Code | ||||||
| Y 1.2/5: | ||||||
| Title 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL Sec. 5124 - Criminal penalty |
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| section 5124 | ||||||
| 2018 | ||||||
| January 14, 2019 | ||||||
| Yes | ||||||
| standard | ||||||
| 88 Stat. 2161 104 Stat. 3259 108 Stat. 781 119 Stat. 1906 |
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| Public Law 93-633, Public Law 101-615, Public Law 103-272, Public Law 109-59 |
