§ 2279. — Boarding vessels before arrival.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2279]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 111--SHIPPING
Sec. 2279. Boarding vessels before arrival
Whoever, not being in the United States service, and not being duly
authorized by law for the purpose, goes on board any vessel about to
arrive at the place of her destination, before her actual arrival, and
before she has been completely moored, shall be fined under this title
or imprisoned not more than six months, or both.
The master of such vessel may take any such person into custody, and
deliver him up forthwith to any law enforcement officer, to be by him
taken before any committing magistrate, to be dealt with according to
law.
(June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(D), Sept. 13, 1994, 108 Stat. 2146.)
Historical and Revision Notes
Based on section 708 of title 46, U.S.C., 1940 ed., Shipping (R.S.
Sec. 4606).
``Law enforcement officer'' was substituted for ``constable or
police officer'' and ``committing magistrate'' for ``justice of the
peace.'' The phraseology used in the statute was archaic. It originated
when the government had few law enforcement officers and magistrates of
its own.
References to specific sections were made to read: ``according to
law'' to achieve brevity.
Mandatory punishment provision was rephrased in the alternative.
The words ``without permission of the master'' were deleted to
remove an inconsistency with the provisions of section 163 of title 46,
U.S.C., 1940 ed., and customs regulations. Customs regulations, 1943,
section 4.1c, prohibit any person ``with or without consent of the
master'' from boarding vessel, with specific enumerated exceptions. Said
section 163 prescribes a ``penalty of not more than $100 or imprisonment
not to exceed six months, or both'' for violating regulations. The
revised section increases the fine from $100 to $200 for boarding the
vessel ``with the consent of the master.''
Minor changes were made in phraseology.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $200'' in first par.
Section Referred to in Other Sections
This section is referred to in title 46 App. section 163.
