TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109 - SEARCHES AND SEIZURES
HEAD
Sec. 2237. Criminal sanctions for failure to heave to, obstruction
of boarding, or providing false information
STATUTE
(a)(1) It shall be unlawful for the master, operator, or person
in charge of a vessel of the United States, or a vessel subject to
the jurisdiction of the United States, to knowingly fail to obey an
order by an authorized Federal law enforcement officer to heave to
that vessel.
(2) It shall be unlawful for any person on board a vessel of the
United States, or a vessel subject to the jurisdiction of the
United States, to -
(A) forcibly resist, oppose, prevent, impede, intimidate, or
interfere with a boarding or other law enforcement action
authorized by any Federal law or to resist a lawful arrest; or
(B) provide materially false information to a Federal law
enforcement officer during a boarding of a vessel regarding the
vessel's destination, origin, ownership, registration,
nationality, cargo, or crew.
(b) Any person who intentionally violates this section shall be
fined under this title or imprisoned for not more than 5 years, or
both.
(c) This section does not limit the authority of a customs
officer under section 581 of the Tariff Act of 1930 (19 U.S.C.
1581), or any other provision of law enforced or administered by
the Secretary of the Treasury or the Secretary of Homeland
Security, or the authority of any Federal law enforcement officer
under any law of the United States, to order a vessel to stop or
heave to.
(d) A foreign nation may consent or waive objection to the
enforcement of United States law by the United States under this
section by radio, telephone, or similar oral or electronic means.
Consent or waiver may be proven by certification of the Secretary
of State or the designee of the Secretary of State.
(e) In this section -
(1) the term "Federal law enforcement officer" has the meaning
given the term in section 115(c);
(2) the term "heave to" means to cause a vessel to slow, come
to a stop, or adjust its course or speed to account for the
weather conditions and sea state to facilitate a law enforcement
boarding;
(3) the term "vessel subject to the jurisdiction of the United
States" has the meaning given the term in section 2 (!1) of the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); and
(4) the term "vessel of the United States" has the meaning
given the term in section 2 (!1) of the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1903).
SOURCE
(Added Pub. L. 109-177, title III, Sec. 303(a), Mar. 9, 2006, 120
Stat. 233.)
REFERENCES IN TEXT
Section 2 of the Maritime Drug Law Enforcement Act, referred to
in subsec. (e)(3), (4), probably means section 3 of the Maritime
Drug Law Enforcement Act, Pub. L. 96-350, which was classified to
section 1903 of former Title 46, Appendix, Shipping, and was
repealed and restated in sections 70502 to 70506 of Title 46,
Shipping, by Pub. L. 109-304, Secs. 10(2), 19, Oct. 6, 2006, 120
Stat. 1683, 1710. The terms "vessel of the United States" and
"vessel subject to the jurisdiction of the United States" are
defined in subsecs. (b) and (c), respectively, of section 70502 of
Title 46.
FOOTNOTE
(!1) See References in Text note below.
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