49 USC 5124 - Criminal penalty

U.S Code last checked for updates: May 04, 2024

§ 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.

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

cite as: 49 USC 5124