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CITE

    49 USC Sec. 5124                                            01/08/2008

EXPCITE

    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

HEAD

    Sec. 5124. Criminal penalty

STATUTE

      (a) In General. - A person knowingly violating section 5104(b) or
    willfully or recklessly violating this chapter or a regulation,
    order, special permit, or approval issued under this chapter shall
    be fined under title 18, imprisoned for not more than 5 years, or
    both; except that the maximum amount of imprisonment shall be 10
    years in any case in which the violation involves the release of a
    hazardous material that results in death or bodily injury to any
    person.
      (b) Knowing Violations. - For purposes of this section -
        (1) a person acts knowingly when -
          (A) the person has actual knowledge of the facts giving rise
        to the violation; or
          (B) a reasonable person acting in the circumstances and
        exercising reasonable care would have that knowledge; and
        (2) knowledge of the existence of a statutory provision, or a
      regulation or a requirement required by the Secretary, is not an
      element of an offense under this section.
      (c) Willful Violations. - For purposes of this section, a person
    acts willfully when -
        (1) the person has knowledge of the facts giving rise to the
      violation; and
        (2) the person has knowledge that the conduct was unlawful.
      (d) Reckless Violations. - For purposes of this section, a person
    acts recklessly when the person displays a deliberate indifference
    or conscious disregard to the consequences of that person's
    conduct.

SOURCE

    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 781; Pub. L.
    109-59, title VII, Sec. 7121, Aug. 10, 2005, 119 Stat. 1906.)

HISTORICAL AND REVISION NOTES --------------------------------------------------------------------

      Revised       Source (U.S. Code)       Source (Statutes at Large)
      Section
    --------------------------------------------------------------------
    5124           49 App.:1809(b).        Jan. 3, 1975, Pub. L.
                                            93-633, Sec. 110(b), 88
                                            Stat. 2161; restated Nov.
                                            16, 1990, Pub. L. 101-615,
                                            Sec. 12(b), 104 Stat. 3259.
    --------------------------------------------------------------------
                                AMENDMENTS
      2005 - Pub. L. 109-59 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows: "A person knowingly violating section 5104(b) of this
    title or willfully violating this chapter or a regulation
    prescribed or order issued under this chapter shall be fined under
    title 18, imprisoned for not more than 5 years, or both."