§ 4306. Prohibited acts and criminal penalties

Footnotes

1. 1 So in original. Probably should be “subsection”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Federal Cave Resources Protection Act of 1988

   Pub. L. 100–691 § 7 · 102 Stat. 4546

   Enacted · 16 U.S.C. § 4306

   (Pub. L. 100–691, § 7, Nov. 18, 1988, 102 Stat. 4549.)

   Source evidence

   Code source credit
   (Pub. L. 100–691, § 7, Nov. 18, 1988, 102 Stat. 4549.)

   Enacted provision · exact public law section
   SEC. 7. PROHIBITED ACTS AND CRIMINAL PENALTIES. (a) Prohibited Acts.— (1) Any person who, without prior authorization from the Animals. Plants. Secretary knowingly destroys, disturbs, defaces, mars, alters. removes or harms any significant cave or alters the free movement of any animal or plant life into or out of any significant cave located on Federal lands, or enters a significant cave with the intention of committing any act described in this paragraph shall be punished in accordance with subsection (b). (2) Any person who possesses, consumes, sells, barters or exchanges, or offers for sale, barter or exchange, any cave resource from a significant cave with knowledge or reason to know that such resource was removed from a significant cave located on Federal lands shall be punished in accordance with subsection (b). (3) Any person who counsels, procures, solicits, or employs any other person to violate any provisions of this subsection shall be punished in accordance with section (b). (4) Nothing in this section shall be deemed applicable to any person who was in lawful possession of a cave resource from a significant cave prior to the date of enactment of this Act. (b) Punishment.— The punishment for violating any provision of subsection (a) shall be imprisonment of not more than one year or a fine in accordance with the applicable provisions of title 18 of the United States Code, or both. In the case of a second or subsequent violation, the punishment shall be imprisonment of not more than 3 years or a fine in accordance with the applicable provisions of title 18 of the United States Code, or both.

1 of 1 references resolved to an enrolled provision