2019 US Code
Title 16 - Conservation
Chapter 30 - Wild Horses and Burros: Protection, Management, and Control
Sec. 1338 - Criminal provisions

Any person who—

shall be subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both. Any person so charged with such violation by the Secretary may be tried and sentenced by any United States commissioner or magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401 of title 18.

Any employee designated by the Secretary of the Interior or the Secretary of Agriculture shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this chapter or any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this chapter or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States magistrate judge may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants, in all such cases.

(Pub. L. 92–195, §8, Dec. 15, 1971, 85 Stat. 650; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 108–447, div. E, title I, §142(b), Dec. 8, 2004, 118 Stat. 3071.)

2004—Subsec. (a)(4). Pub. L. 108–447 inserted "except as provided in section 1333(e) of this title," before "processes or permits".

"United States magistrate judge" and "magistrate judge" substituted for "United States magistrate" and "magistrate", respectively, in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.