16 USC Sec. 1338                                            01/05/2009




    Sec. 1338. Criminal provisions


    (a) Violations; penalties; trial
      Any person who -
        (1) willfully removes or attempts to remove a wild free-roaming
      horse or burro from the public lands, without authority from the
      Secretary, or
        (2) converts a wild free-roaming horse or burro to private use,
      without authority from the Secretary, or
        (3) maliciously causes the death or harassment of any wild free-
      roaming horse or burro, or
        (4) except as provided in section 1333(e) of this title,
      processes or permits to be processed into commercial products the
      remains of a wild free-roaming horse or burro, or
        (5) sells, directly or indirectly, a wild free-roaming horse or
      burro maintained on private or leased land pursuant to section
      1334 of this title, or the remains thereof, or
        (6) willfully violates a regulation issued pursuant to this
    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.
    (b) Arrest; appearance for examination or trial; warrants: issuance
      and execution
      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, Sec. 8, Dec. 15, 1971, 85 Stat. 650; Pub. L. 101-
    650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L.
    108-447, div. E, title I, Sec. 142(b), Dec. 8, 2004, 118 Stat.


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


      "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.
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