Title 18 — Crimes and Criminal Procedure
Part I · Chapter 27 — Customs
§ 545. Smuggling goods into the United States
Statutory text
Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or
Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law—
Shall be fined under this title or imprisoned not more than 20 years, or both.
Proof of defendant’s possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section.
Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person described in the first or second paragraph of this section, shall be forfeited to the United States.
The term “United States”, as used in this section, shall not include the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.
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.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 545
June 25, 1948, ch. 645, 62 Stat. 716
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 716Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(1)(L) · 108 Stat. 1796
Substituted · 18 U.S.C. § 545
Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” in third par
Source evidence
Code amendment note
Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” in third par.Enacted provision · exact public law section
(L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330004(18) · 108 Stat. 1796
Amended · 18 U.S.C. § 545
Pub. L. 103–322, § 330004(18), as amended by Pub. L. 104–294, § 604(b)(23)
Struck · 18 U.S.C. § 545
Pub. L. 103–322, § 330004(18), as struck out “Philippine Islands,” before “Virgin Islands” in last par
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 330004(18), as amended by Pub. L. 104–294, § 604(b)(23), struck out “Philippine Islands,” before “Virgin Islands” in last par.Enacted provision · exact public law section
(18) in sections 542, 544, and 545 by striking “the Philippine Islands,”; andViolent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320903(c) · 108 Stat. 1796
Inserted · 18 U.S.C. § 545
Pub. L. 103–322, § 320903(c), inserted “or attempts to smuggle or clandestinely introduce” after “clandestinely introduces” in first par
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 320903(c), inserted “or attempts to smuggle or clandestinely introduce” after “clandestinely introduces” in first par.Enacted provision · exact public law section
(c) Smuggling.— Section 545 of title 18, United States Code, is amended by inserting “or attempts to smuggle or clandestinely introduce” after “smuggles, or clandestinely introduces”.Economic Espionage Act of 1996
Pub. L. 104–294 title VI § 604(b)(23) · 110 Stat. 3488
Amended · 18 U.S.C. § 545
Pub. L. 104–294 amended Pub. L. 103–322, § 330004(18). See 1994 Amendment note below
Source evidence
Code amendment note
Pub. L. 104–294 amended Pub. L. 103–322, § 330004(18). See 1994 Amendment note below.Enacted provision · exact public law section
(23) Section 330004(18) of Public Law 103–322 is amended by striking “the Philippine” and inserting “Philippine”.Effective date note
Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.Reducing Crime and Terrorism at America’s Seaports Act of 2005
Pub. L. 109–177 title III § 310 · 120 Stat. 192
Substituted · 18 U.S.C. § 545
Pub. L. 109–177, which directed amendment of third par. by substituting “20 years” for “5 years”, was executed by making the substitution for “five years”, to reflect the probable intent of Congress
Source evidence
Code amendment note
Pub. L. 109–177, which directed amendment of third par. by substituting “20 years” for “5 years”, was executed by making the substitution for “five years”, to reflect the probable intent of Congress.Enacted provision · exact public law section
SEC. 310. PENALTIES FOR SMUGGLING GOODS INTO THE UNITED STATES. The third undesignated paragraph of section 545 of title 18, United States Code, is amended by striking “5 years” and inserting “20 years”.
6 of 7 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on section 1593 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, § 593, 46 Stat. 751).
Reference in first paragraph to aiders, contained in words “his, her, or their aiders and abettors” was omitted as unnecessary since such persons are made principals by section 2 of this title. For the same reason words “or assists in so doing” in second paragraph were deleted.
Words “shall be deemed guilty of a misdemeanor,” in first paragraph were omitted in view of definition of misdemeanor in section 1 of this title.
Conviction provision in first paragraph reading “and on conviction thereof” was deleted as surplusage since punishment cannot be imposed until a conviction is secured.
Minimum punishment provision “nor less than $50” in second paragraph was deleted.
Forfeiture provision was rephrased to make it clear that forfeiture was not dependent upon conviction.
The final paragraph was added to conform with section 1709 of title 19, U.S.C., 1940 ed.
Changes were made in phraseology.
Editorial Notes
Amendments1954–2006 · 5 rounds
2006
Pub. L. 109–177, which directed amendment of third par. by substituting “20 years” for “5 years”, was executed by making the substitution for “five years”, to reflect the probable intent of Congress.
1996
Pub. L. 104–294 amended Pub. L. 103–322, § 330004(18). See 1994 Amendment note below.
1994
Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” in third par.
Pub. L. 103–322, § 330004(18), as amended by Pub. L. 104–294, § 604(b)(23), struck out “Philippine Islands,” before “Virgin Islands” in last par.
Pub. L. 103–322, § 320903(c), inserted “or attempts to smuggle or clandestinely introduce” after “clandestinely introduces” in first par.
1955
Act , inserted reference to Johnston Island.
1954
Act , permitted forfeiture of value of merchandise imported in violation of section.
Act , increased fine from $5,000 to $10,000 and imprisonment from two years to five years.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–294 effective , see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.
Effective Date of 1955 Amendment
Amendment by act , effective , see section 2(d) of act , set out as a note under section 1401 of Title 19, Customs Duties.
Effective Date of 1954 Amendment
Act Aug. 24, 1954, ch. 890, § 2, 68 Stat. 783, provided that: “The amendments made by the first section of this Act [amending this section] shall apply only with respect to offenses committed on and after the date of the enactment of this Act [].”
Credits
1948–2006 · 7 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 716
- 1954Aug. 24, 1954, ch. 890, § 1, 68 Stat. 782
- 1954Sept. 1, 1954, ch. 1213, title V, § 507, 68 Stat. 1141
- 1955June 30, 1955, ch. 258, § 2(c), 69 Stat. 242
- 1994Pub. L. 103–322, title XXXII, § 320903(c), title XXXIII, §§ 330004(18), 330016(1)(L), , 108 Stat. 2125, 2142, 2147
- 1996Pub. L. 104–294, title VI, § 604(b)(23), , 110 Stat. 3508
- 2006Pub. L. 109–177, title III, § 310, , 120 Stat. 242.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 716; Aug. 24, 1954, ch. 890, § 1, 68 Stat. 782; Sept. 1, 1954, ch. 1213, title V, § 507, 68 Stat. 1141; June 30, 1955, ch. 258, § 2(c), 69 Stat. 242; Pub. L. 103–322, title XXXII, § 320903(c), title XXXIII, §§ 330004(18), 330016(1)(L), , 108 Stat. 2125, 2142, 2147; Pub. L. 104–294, title VI, § 604(b)(23), , 110 Stat. 3508; Pub. L. 109–177, title III, § 310, , 120 Stat. 242.)