§ 4306. — Prohibited acts and criminal penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4306]
TITLE 16--CONSERVATION
CHAPTER 63--FEDERAL CAVE RESOURCES PROTECTION
Sec. 4306. Prohibited acts and criminal penalties
(a) Prohibited acts
(1) Any person who, without prior authorization from the 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) of this section.
(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) of this section.
(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 \1\ (b) of this section.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``subsection''.
---------------------------------------------------------------------------
(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 November 18, 1988.
(b) Punishment
The punishment for violating any provision of subsection (a) of this
section shall be imprisonment of not more than one year or a fine in
accordance with the applicable provisions of title 18, 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, or both.
(Pub. L. 100-691, Sec. 7, Nov. 18, 1988, 102 Stat. 4549.)
Section Referred to in Other Sections
This section is referred to in sections 4305, 4308 of this title.
