PENALTY.

SEC. 102. PENALTY. (a) Civil Penalty.— Paragraph (1) of section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended by inserting “and any person who knowingly violates section 3(d),” after “any underlying law, treaty, or regulation,”. (b) Criminal Penalty.— Subsection (d) of section 4 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended by adding at the end the following: 102 STAT. 3826 “(3) Any person who knowingly violates section 3(d)— “(A) shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both, if the offense involves— “(i) the importation or exportation of fish or wildlife or plants; or “(ii) the sale or purchase, offer of sale or purchase, or commission of an act with intent to sell or purchase fish or wildlife or plants with a market value greater than $350; and “(B) shall be fined under title 18, United States Code, or imprisoned for not more than 1 year, or both, if the offense does not involve conduct described in subparagraph (A).”, (c) Conforming Amendments.— Section 4 is amended in subsections (a)(D, (d)(1)(A), (d)(1)(B), and (d)(2) by striking “(other than section 3(b))” each place those words appear and inserting in lieu thereof “(other than subsections (b) and (d) of section 3)”.