§ 5124. Criminal penalty

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. 1994

   Pub. L. 103–272 § 1(d) · 108 Stat. 745

   Enacted · 49 U.S.C. § 5124

   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781

   Enacted provision · exact public law section
   (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 title VII § 7121 · 119 Stat. 1144

   Amended · 49 U.S.C. § 5124

   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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 7121. CRIMINAL PENALTY.   Section 5124 is amended to read as follows: “§ 5124. Criminal penalty “(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.” .

2 of 2 references resolved to an enrolled provision