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CITE

    18 USC Sec. 41                                              01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS

HEAD

    Sec. 41. Hunting, fishing, trapping; disturbance or injury on
      wildlife refuges

STATUTE

      Whoever, except in compliance with rules and regulations
    promulgated by authority of law, hunts, traps, captures, willfully
    disturbs or kills any bird, fish, or wild animal of any kind
    whatever, or takes or destroys the eggs or nest of any such bird or
    fish, on any lands or waters which are set apart or reserved as
    sanctuaries, refuges or breeding grounds for such birds, fish, or
    animals under any law of the United States or willfully injures,
    molests, or destroys any property of the United States on any such
    lands or waters, shall be fined under this title or imprisoned not
    more than six months, or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 145 and Secs. 676, 682,
    683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed.,
    Conservation (Jan. 24, 1905, ch. 137, Sec. 2, 33 Stat. 614; June
    29, 1906, ch. 3593, Sec. 2, 34 Stat. 607; Mar. 4, 1909, ch. 321,
    Sec. 84, 35 Stat. 1104; Aug. 11, 1916, ch. 313, 39 Stat. 476; June
    5, 1920, ch. 247, Sec. 2, 41 Stat. 986; Apr. 15, 1924, ch. 108, 43
    Stat. 98; Feb. 28, 1925, ch. 376, 43 Stat. 1091; July 3, 1926, ch.
    744, Sec. 6, 44 Stat. 821; July 3, 1926, ch. 776, Sec. 3, 44 Stat.
    889; June 28, 1930, ch. 709, Sec. 2, 46 Stat. 828; Mar. 10, 1934,
    ch. 54, Sec. 2, 48 Stat. 400; Reorg. Plan No. II, Sec. 4(f), 4 F.R.
    2731, 53 Stat. 1433).
      This revised section condenses, consolidates, and simplifies
    similar provisions of sections 676, 682, 683, 685, 688, 689b, 692a,
    and 694a of title 16, U.S.C., 1940 ed., with section 145 of title
    18, U.S.C., 1940 ed., with such changes of phraseology as make
    clear the intent of Congress to protect all wildlife within Federal
    sanctuaries, refuges, fish hatcheries, and breeding grounds.
    Irrelevant provisions of such sections in title 16 are to be
    retained in that title.
      Because of the general nature of this consolidated section, no
    specific reference is made to rules and regulations issued by the
    Secretary of the Interior or any other personage, but only to rules
    and regulations "promulgated by authority of law".
      The punishment provided by the sections consolidated varied from
    a fine not exceeding $100 or imprisonment not exceeding 6 months,
    or both, in section 694a of title 16, U.S.C., 1940 ed., to a fine
    not exceeding $1,000 or imprisonment not exceeding 1 year, or both,
    in sections 676, 685, and 688 of such title 16. The revised section
    adopts the punishment provisions of the other five sections.
      The references to "misdemeanor" in sections 676, 685, 688, 689b,
    692a, and 694a of title 16, U.S.C., 1940 ed., were omitted as
    unnecessary in view of definition of "misdemeanor" in section 1 of
    this title, and also to conform with policy followed by codifiers
    of the 1909 Criminal Code, as stated in Senate Report 10, part 1,
    pages 12, 13, 14, Sixtieth Congress, first session, to accompany S.
    2982.
      Words "upon conviction", contained in sections 676, 685, 688,
    689b, 692a, and 694a of title 16, U.S.C., 1940 ed., were omitted as
    surplusage, because punishment can be imposed only after
    conviction.
      Words "in any United States court of competent jurisdiction", in
    sections 676, 685, and 688 of title 16, U.S.C., 1940 ed., words "in
    any United States court", in sections 689b, 692a, and 694a of such
    title 16, and words "in the discretion of the court", in said
    sections 676, 685, 688, and 689b, were likewise omitted as
    surplusage.
                                AMENDMENTS
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $500".
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