Pub. L. 111-281, tit. IX, sec. 917

MARITIME LAW ENFORCEMENT.

EnactedYear: 2010Length: 379 wordsOfficial source
SEC. 917. MARITIME LAW ENFORCEMENT.(a) Penalties.—Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows:“(b)(1) Except as otherwise provided in this subsection, whoever knowingly violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.“(2)(A) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and has an aggravating factor set forth in subparagraph (B) of this paragraph, the offender shall be fined under this title or imprisoned for any term of years or life, or both.“(B) The aggravating factor referred to in subparagraph (A) is that the offense—“(i) results in death; or“(ii) involves—“(I) an attempt to kill;“(II) kidnapping or an attempt to kidnap; or“(III) an offense under section 2241.124 STAT. 3022“(3) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and results in serious bodily injury (as defined in section 1365), the offender shall be fined under this title or imprisoned for not more than 15 years, or both.“(4) If the offense is one under paragraph (1) or (2)(A) of subsection (a), involves knowing transportation under inhumane conditions, and is committed in the course of a violation of section 274 of the Immigration and Nationality Act, or chapter 77 or section 113 (other than under subsection (a)(4) or (a)(5) of such section) or 117 of this title, the offender shall be fined under this title or imprisoned for not more than 15 years, or both.”.(b) Definition.—Section 2237(e) of title 18, United States Code, is amended—(1) by amending paragraph (3) to read as follows:“(3) the term ‘vessel subject to the jurisdiction of the United States’ has the meaning given the term in section 70502 of title 46;”;(2) in paragraph (4), by striking “section 2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).” and inserting “section 70502 of title 46; and”; and(3) by adding at the end the following new paragraph:“(5) the term ‘transportation under inhumane conditions’ means—“(A) transportation—“(i) of one or more persons in an engine compartment, storage compartment, or other confined space;“(ii) at an excessive speed; or“(iii) of a number of persons in excess of the rated capacity of the vessel; or“(B) intentional grounding of a vessel in which persons are being transported.”.