§ 510. — Forfeiture of communications devices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC510]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER V--PENAL PROVISIONS; FORFEITURES
Sec. 510. Forfeiture of communications devices
(a) Violation with willful and knowing intent
Any electronic, electromagnetic, radio frequency, or similar device,
or component thereof, used, sent, carried, manufactured, assembled,
possessed, offered for sale, sold, or advertised with willful and
knowing intent to violate section 301 or 302a of this title, or rules
prescribed by the Commission under such sections, may be seized and
forfeited to the United States.
(b) Seizure
Any property subject to forfeiture to the United States under this
section may be seized by the Attorney General of the United States upon
process issued pursuant to the supplemental rules for certain admiralty
and maritime claims by any district court of the United States having
jurisdiction over the property, except that seizure without such process
may be made if the seizure is incident to a lawful arrest or search.
(c) Laws applicable to seizure and forfeiture
All provisions of law relating to--
(1) the seizure, summary and judicial forfeiture, and
condemnation of property for violation of the customs laws;
(2) the disposition of such property or the proceeds from the
sale thereof;
(3) the remission or mitigation of such forfeitures; and
(4) the compromise of claims with respect to such forfeitures;
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this section, insofar as
applicable and not inconsistent with the provisions of this section,
except that such seizures and forfeitures shall be limited to the
communications device, devices, or components thereof.
(d) Disposition of forfeited property
Whenever property is forfeited under this section, the Attorney
General of the United States may forward it to the Commission or sell
any forfeited property which is not harmful to the public. The proceeds
from any such sale shall be deposited in the general fund of the
Treasury of the United States.
(June 19, 1934, ch. 652, title V, Sec. 510, as added Pub. L. 97-259,
title I, Sec. 125, Sept. 13, 1982, 96 Stat. 1098.)
Prior Provisions
A prior section 510, act June 19, 1934, ch. 652, title V, Sec. 510,
as added May 11, 1962, Pub. L. 87-448, Sec. 1, 76 Stat. 68, related to
forfeitures for violations of rules and regulations by radio stations
operating in common carrier, safety and special radio fields, prior to
repeal effective the thirtieth day after Feb. 21, 1978, by Pub. L. 95-
234, Secs. 4, 7, Feb. 21, 1978, 92 Stat. 35.
