16 USC 1338 - Criminal provisions

U.S Code last checked for updates: Oct 18, 2024

§ 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)

except as provided in section 1333(e) of this title, 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

(Pub. L. 92–195, § 8, Dec. 15, 1971, 85 Stat. 650; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 108–447, div. E, title I, § 142(b), Dec. 8, 2004, 118 Stat. 3071.)

cite as: 16 USC 1338