§ 1338. — Criminal provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1338]
TITLE 16--CONSERVATION
CHAPTER 30--WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND CONTROL
Sec. 1338. Criminal provisions
(a) Violations; penalties; trial
Any person who--
(1) willfully removes or attempts to remove a wild free-roaming
horse or burro from the public lands, without authority from the
Secretary, or
(2) converts a wild free-roaming horse or burro to private use,
without authority from the Secretary, or
(3) maliciously causes the death or harassment of any wild free-
roaming horse or burro, or
(4) processes or permits to be processed into commercial
products the remains of a wild free-roaming horse or burro, or
(5) sells, directly or indirectly, a wild free-roaming horse or
burro maintained on private or leased land pursuant to section 1334
of this title, or the remains thereof, or
(6) willfully violates a regulation issued pursuant to this
chapter,
shall be subject to a fine of not more than $2,000, or imprisonment for
not more than one year, or both. Any person so charged with such
violation by the Secretary may be tried and sentenced by any United
States commissioner or magistrate judge designated for that purpose by
the court by which he was appointed, in the same manner and subject to
the same conditions as provided for in section 3401 of title 18.
(b) Arrest; appearance for examination or trial; warrants: issuance and
execution
Any employee designated by the Secretary of the Interior or the
Secretary of Agriculture shall have power, without warrant, to arrest
any person committing in the presence of such employee a violation of
this chapter or any regulation made pursuant thereto, and to take such
person immediately for examination or trial before an officer or court
of competent jurisdiction, and shall have power to execute any warrant
or other process issued by an officer or court of competent jurisdiction
to enforce the provisions of this chapter or regulations made pursuant
thereto. Any judge of a court established under the laws of the United
States, or any United States magistrate judge may, within his respective
jurisdiction, upon proper oath or affirmation showing probable cause,
issue warrants, in all such cases.
(Pub. L. 92-195, Sec. 8, Dec. 15, 1971, 85 Stat. 650; Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Change of Name
``United States magistrate judge'' and ``magistrate judge''
substituted for ``United States magistrate'' and ``magistrate'',
respectively, in text pursuant to section 321 of Pub. L. 101-650, set
out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
