§ 2196. — Drunkenness or neglect of duty by seamen.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2196]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 107--SEAMEN AND STOWAWAYS
Sec. 2196. Drunkenness or neglect of duty by seamen
Whoever, being a master, officer, radio operator, seaman, apprentice
or other person employed on any merchant vessel, by willful breach of
duty, or by reason of drunkenness, does any act tending to the immediate
loss or destruction of, or serious damage to, such vessel, or tending
immediately to endanger the life or limb of any person belonging to or
on board of such vessel; or, by willful breach of duty or by neglect of
duty or by reason of drunkenness, refuses or omits to do any lawful act
proper and requisite to be done by him for preserving such vessel from
immediate loss, destruction, or serious damage, or for preserving any
person belonging to or on board of such ship from immediate danger to
life or limb, shall be imprisoned not more than one year.
(June 25, 1948, ch. 645, 62 Stat. 801.)
Historical and Revision Notes
Based on section 704 of title 46, U.S.C., 1940 ed., Shipping (R.S.
Sec. 4602).
Words ``officer, radio operator,'' and ``or other person employed
on'' were inserted at beginning of section to insure clarity and scope
of section. Section 701 of title 46, U.S.C., 1940 ed., Shipping, is very
similar to this section as revised, and has been applied to mates
[Morris v. Cornell, D.C. Mass. 1843, Fed. Cas. No. 9,829; Gladding v.
Constant, D.C. Mass. 1844, Fed. Cas. No. 5,468; Foye v. Dabney, D.C.
Mass. 1853, Fed. Cas. No. 5,022; Foye v. Lickie, D.C. Mass. 1853, Fed.
Cas. No. 5,023; The Sylvia De Grasse, D.C.N.Y. 1843, Fed. Cas. No.
12,676; The Sadie C. Sumner, D.C. Mass. 1905, 142 F. 611], as well as
engineers, assistant engineers and cooks. (See notes of decisions under
section 701, of title 46, U.S.C., Shipping.)
Words ``be guilty of a misdemeanor'' were omitted as unnecessary in
view of general definition of ``misdemeanor'' in section 1 of this
title.
Minor changes were made in phraseology including substitution of
``one year'' for ``twelve months'' at end of section.
