US Codex
U.S.C.
Notes

§70503. Prohibited acts — Inbound Citations

46 U.S.C. § 70503

Cited by 10 provisions in release 119-102.

Citations to 46 U.S.C. § 70503 as a whole

  • 18 U.S.C. § 2285(g)
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    (g) Sections 70504 and 70505 of title 46 apply to offenses under this section in the same manner as they apply to offenses under section 70503 of such title.
  • 18 U.S.C. § 3553(f)
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    (f) Notwithstanding any other provision of law, in the case of an offense under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, 846), section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 960, 963), or section 70503 or 70506 of title 46, the court shall impose a sentence pursuant to guidelines promulgated by the United States Sentencing Commission under section 994 of title 28 without regard to any statutory minimum sentence, if the court finds at sentencing, after the Government has been afforded the opportunity to make a recommendation, that—
    (1) the defendant does not have—
    (A) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines;
    (B) a prior 3-point offense, as determined under the sentencing guidelines; and
    (C) a prior 2-point violent offense, as determined under the sentencing guidelines;
    (2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;
    (3) the offense did not result in death or serious bodily injury to any person;
    (4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act; and
    (5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
    Information disclosed by a defendant under this subsection may not be used to enhance the sentence of the defendant unless the information relates to a violent offense.
  • 46 U.S.C. § 70504(b)
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    (b) A person violating section 70503 or 70508—
    (1) shall be tried in the district in which such offense was committed; or
    (2) if the offense was begun or committed upon the high seas, or elsewhere outside the jurisdiction of any particular State or district, may be tried in any district.
  • 46 U.S.C. § 70505
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    A person charged with violating section 70503 of this title, or against whom a civil enforcement proceeding is brought under section 70508, does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.
  • 46 U.S.C. § 70506(b)
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    (b) A person attempting or conspiring to violate section 70503 of this title is subject to the same penalties as provided for violating section 70503.
  • 46 U.S.C. § 70507(a)
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    (a) Property described in section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)) that is used or intended for use to commit, or to facilitate the commission of, an offense under section 70503 or 70508 of this title may be seized and forfeited in the same manner that similar property may be seized and forfeited under section 511 of that Act (21 U.S.C. 881).
  • 46 U.S.C. § 70507(b)
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    (b) Practices commonly recognized as smuggling tactics may provide prima facie evidence of intent to use a vessel to commit, or to facilitate the commission of, an offense under section 70503 of this title, and may support seizure and forfeiture of the vessel, even in the absence of controlled substances aboard the vessel. The following indicia, among others, may be considered, in the totality of the circumstances, to be prima facie evidence that a vessel is intended to be used to commit, or to facilitate the commission of, such an offense:
    (1) The construction or adaptation of the vessel in a manner that facilitates smuggling, including—
    (A) the configuration of the vessel to ride low in the water or present a low hull profile to avoid being detected visually or by radar;
    (B) the presence of any compartment or equipment that is built or fitted out for smuggling, not including items such as a safe or lock-box reasonably used for the storage of personal valuables;
    (C) the presence of an auxiliary tank not installed in accordance with applicable law or installed in such a manner as to enhance the vessel’s smuggling capability;
    (D) the presence of engines that are excessively over-powered in relation to the design and size of the vessel;
    (E) the presence of materials used to reduce or alter the heat or radar signature of the vessel and avoid detection;
    (F) the presence of a camouflaging paint scheme, or of materials used to camouflage the vessel, to avoid detection; or
    (G) the display of false vessel registration numbers, false indicia of vessel nationality, false vessel name, or false vessel homeport.
    (2) The presence or absence of equipment, personnel, or cargo inconsistent with the type or declared purpose of the vessel.
    (3) The presence of excessive fuel, lube oil, food, water, or spare parts, inconsistent with legitimate vessel operation, inconsistent with the construction or equipment of the vessel, or inconsistent with the character of the vessel’s stated purpose.
    (4) The operation of the vessel without lights during times lights are required to be displayed under applicable law or regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities.
    (5) The failure of the vessel to stop or respond or heave to when hailed by government authority, especially where the vessel conducts evasive maneuvering when hailed.
    (6) The declaration to government authority of apparently false information about the vessel, crew, or voyage or the failure to identify the vessel by name or country of registration when requested to do so by government authority.
    (7) The presence of controlled substance residue on the vessel, on an item aboard the vessel, or on an individual aboard the vessel, of a quantity or other nature that reasonably indicates manufacturing or distribution activity.
    (8) The use of petroleum products or other substances on the vessel to foil the detection of controlled substance residue.
    (9) The presence of a controlled substance in the water in the vicinity of the vessel, where given the currents, weather conditions, and course and speed of the vessel, the quantity or other nature is such that it reasonably indicates manufacturing or distribution activity.

Citations to §70503(a)

Citations to §70503(a)(2)

Citations to §70503(a)(3)